HomeMy WebLinkAbout08252004 HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 25, 2004 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -
limit of five minutes per speaker (R-04-26)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER MONIER
3. INVOCATION BY REVERAND RON THOMAS, SEBASTIAN UNITED METHODIST CHURCH
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
04.095 A. Certificate of Appreciate to Michelle Merlin for Tree and Landscape Advisory Board
Service
04.186 B. Presentation by Representatives of Florida Department of Transportation
United States Highway One (US1) Infrastructure Improvement Program
Harrison Street and South of Sebastian Corporate Limits
04.179 C. Presentation by Representative of Indian River County Metropolitan Planning
Organization - Potential Capital Improvement Programming Opportunities
Laconia Street Extension Program
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the item wilt be removed and acted upon
separately,
1-8 A. Approval of Regular Meeting Minutes - 8/11/04
9-10 B. Approval of Special Meeting Minutes - 8/17/04
04.187
11-18
04.188
19-30
04.047
31-34
04.189
35-56
04.109
5~70
04.086
71-126
04.086
127132
04.101
133~138
04.089
139~140
=
04.147
141-148
=
C. Approval of Budget Workshop Minutes - 8/17/04
Authorize the Mayor to Execute the Modified Submerged Land Lease for Riverview
Park Twin Piers (City Attorney Transmittal 8/18/04, Lease)
Resolution No. R-04-33 Accepting Federal Aviation Administration Grant Agreement
for the Rehabilitation of Taxiway "A" and Construction of an Aircraft Parking
Apron (Airport Transmittal 8/17/04, R-04-33, Agreement Under Separate Cover)
A RESOLUTION OF THE Clef OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENT
OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO PROVIDE FUNDING TO
REHAB TAXIWAY A & APRON CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR
FOR EFFECTIVE DATE.
Authorize the Renewal of Contract with City of Sebastian/Sebastian Municipal Golf
Course and OneSource Landscape Golf Services, Inc. (Golf Course Transmittal 8/18/04,
Amendment Two and Contract)
Authorize the Execution of the Indian River Lagoon License Plate Funded Cooperative
Cost-Sharing Agreement with the St. Johns River Water Management District and the
City of Sebastian and Authorize the Matching Fund & Contribution of $42,790
(Stormwater Engineering Transmittal 8/17/04, Contract)
Authorize the Award of Contract to Jobear/Warden Construction in the Amount of
$905,686.00 for the Louisiana Avenue Neighborhood Revitalization Program and
Authorize an Additional Appropriation of $71,660.00 from Local Option Gas Tax
Proceeds to Complete the Project Funding (City Manager/Engineering Transmittal
8/17/04, Bid Tab, Agreement, Plan)
Authorize the Acceptance of Grant of Public Sidewalk, Utility and Drainage Easement
Dedication from THP3 Corporation Transferring Respective Property Ownership to the
City (City Manager Transmittal 8/17/04, Easement, Description)
Authorize the City Manager to Execute a Lease Between the City of Sebastian and
Keep Indian River Beautiful, Inc. (City Attorney Transmittal 8/18/04, Lease)
Prior Approval for Vice-Mayor Overnight Stay in Accordance with Attendance at
Committee for Sustainable Treasure Coast Meetings: September 2-3, 2004;
October 7-8, 2004 and December 2-3, 2004 (City Clerk Transmittal 8/18/04, Info)
COMMI'I-I'EE REPORTS/RECOMMENDATIONS
A. Construction Board
i. Interview Unless Waived, and Fill One of Four Expiring Positions (City Clerk
Transmittal 8/11/04, Code, Application, Board Member List, Ad)
PUBLIC HEARING - none.
2
10.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes for each speaker
11. OLD BUSINESS
04.190
Possible Revised Direction Regarding Surface Infrastructure for Municipal Complex
Park Tennis Courts (no backup)
12. NEW BUSINESS
13. CITY A'I-FORNEY MATTERS
04.163
A. Direction Concerning Annexation Referendum Language (nobackup)
14. CITY MANAGER MATTERS
04.180
Potential Proposals for City Council Board and Committee Appreciation Function(s)
(no backup)
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
04.192
04.192
Mr. Heptinstall
Mr. Coniglio
Ms. Monier
i. Rezoning Within the Community Redevelopment District (no backup)
ii. Implementing Planning and Zoning Recommendation - Architectural Styling for
Community Redevelopment District (no backup)
Mr. Barczyk
17.
E. Mayor McCollum
AD JO URN ('Att meetings shall adjourn at 10:30 p.m. unless extended for up fo one half hour by a majodty vote of
City Council)
If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting,
said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by
the City. (F.S. 286.0105)
In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting
should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meetings:
· Regular City Council Meeting - September 8, 2004 - 7:00 pm
· Special City Council Meeting - l=t Budget Hearing - September 9, 2004 - 6:00 pm
· Regular City Council Meeting - September 22, 2004 - 7:00 pm
· Regular City Council Meeting - October ~3, 2004 - 7:00 pm
· Regular City Council Meeting - October 20, 2004 - 7:00 pm
4
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 11, 2004 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
DRAFT
2.
3.
4.
The Mayor called the Regular City Council meeting to order at 7:00 p.m.
The Pledge of Allegiance was led by Mayor McCollum.
A moment of silence was held.
ROLLCALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
City Council Absent:
Councilmember Lisanne Monier (excused)
Staff Present:
City Manager, Terrence Moore
City Attomey, Rich Stdnger
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, David Fisher
Police Lieutenant, Michelle Morris
Public Works Director, Terry Hill
Regular City Council Meeting
August 11, 2004
Page Two
DRAFT
04.185
1-12
04.183
13
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26)
None.
PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
Presentation by Representatives from the Sebastian River Area Chamber of Commerce
Proposal for 5t~ Annual Flats Fishinq Tournament
Beth Mitchell, Executive Director Chamber of Commerce, and Tom Adams, Chamber of
Commerce Special Events Intern, addressed City Council on the tournament scheduled for
November 5 and 6, 2004. Mr. Adams submitted informational packages to Council. Mayor
McCollum recommended that police personnel be provided by the organization and not be paid
with ad valorem taxes. Mr. Barczyk said the request stated beer, however, Ms. Mitchell noted it
would include wine. She also noted that only Main Street will be blocked and invited City
Council members to attend.
Presentation by Representatives from the Indian River County Health Dept.
Re.qardin.q Rules, Re,qulations, and Reasons Relative to Heiqhts of Drainfields and
Applicable Criteria
The City Manager introduced Michael Hotchkiss, Indian River County Health Department.
(representatives presented materials which are on file in the Office of City Clerk)
Cheryl Dunn, Environmental Manager, Indian River County Health Department, addressed City
Council on the use of septic systems, numbers of permits issued, and how systems work.
Lod Hoffman, Environmental Specialist, Indian River County Health Department, addressed City
Council on evaluation of soils to determine placement of septic systems. Ms. Dunn then
discussed septic failures based on lack of maintenance, roots, stormwater runoff, and misuse;
and concerns about groundwater and surface water contamination, She said that 90% of new
permits are mounded systems with a 3:1 slope. Ms. Dunn then responded to questions from
Council.
CONSENTAGENDA
A# i~ms on ~e con~nt age~a am ~nsidemd ~ine and ~11 ~ enao~d ~ one m~n. ~em ~1t ~ ~ sepam~ discussion
~con~nta~n~i~unle~a~m~r~Ci~C~t~ ~ue~s;~ ~e~n~ei~mw#lbemmovedanda~du~n
Approval of Regular Meeting Minutes - 7/28/04
Approve the Purchase of New Traffic Safety Signage from Red Bud Supply Company
and Universal Sign Company, Inc. for the Pelican Island Elementary School Zone
Area for a Total Cost Not to Exceed $21,864 (Engineering Transmittal 8/4/04)
2
Regular City Council Meeting
August 11, 2004
Page Three
04.184 C.
15-19
Chamber of Commerce 5th Annual Flats Fishing Tournament at Ashford T.
Jordan Park on November 5 & 6, 2004:
Authorize the Closing of Main Street from US 1 East to Indian River Drive from Friday,
November 5, 2004 at 3:00 pm until Saturday, November 6, 2004 at 7:00 pm
Authorize Alcohol Sales on Friday, November 5, 2004 from 5:00 pm to 9:00 pm and
on Saturday, November 6, 2004 from Noon until 6:00 pm at Ashford T. Jordan Park
(Public Works Transmittal 8/3/04, Application, Letter)
All items were removed.
Item A - 7/28104 Re.qular Meetinq Minutes
Mr. Coniglio corrected page seven, 3"d paragraph to say "staff" protects Council with good
information and the City Attorney noted on page eight that Mr. Coniglio is an "officer" of Keep
Indian River Beautiful as opposed to a "board member."
On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, consent agenda item A was
approved as amended by a voice vote of 4-0.
Item B - Pelican Island Elementary School Siqnaqe
Mr. Heptinstall asked why the County was not responsible for signage, and the City Manager
replied that the School District had been unresponsive, local option gas tax is designed to assist
with these matters, and the City Engineering Department determines location of signs.
In response to Mr. Heptinstall, the City Engineer said the Engineering and Police Department
determine need and location, and the Purchasing Department assists with vendors. Mr.
Heptinstall said he had talked to Chris Mora from Indian River County Traffic Engineering who
said no one had approached him from the City. Mr. Fisher said there is a typo in the transmittal,
which should read foursigns.
Damien GiIliams said letters should go out to School Board and the County that there is a safety
issue they should address.
Larry Paul said the City should be looking to the County to pay for signs such as was probably
done on CR512, citing this as an unnecessary expenditure. The City Manager responded that
the County took care of CR512 signs because it is a County road.
The City Engineer said the County had installed signs on Barber Street previously, that the City
is providing clarified NO TURN signage at the Barber / Schumann intersection, and Mr. Paul
reiterated that perhaps the City could partner with the County on this.
Regular City Council Meeting
August 11, 2004
Page Four
DRAFT
Mr. Coniglio urged Council to just move ahead for the safety of local school children.
Ken Mitchell, who originally brought this item to Council, urged approval of the request for the
safety of all schoolchildren.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, consent agenda item B was
approved by a roll call vote of 4-0.
Item C - Chamber of Commerce Flats Fishing Tournament
Mayor McCollum requested inclusion of requiring the Chamber of Commerce to provide law
enforcement personnel.
Sal Neglia, Sebastian objected to the use as requested.
Damien Gilliams, Sebastian said he had not been contacted regarding closing of the road and
said the area near the new piers should be used.
Ms. Mitchell again addressed City Council on the event.
The City Manager said he would notify business owners once approval is granted and Mayor
McCollum said courtesy notification should be done prior to City Council consideration.
(Tape 1, Side 2, 8:18 pm)
Mayor McCollum said maybe fishing tournaments in general should be held in Riverview Park.
Mr. Barczyk said perhaps the street could be left open dudng the tournament.
Mr. Coniglio said using Riverview Park would be cost prohibitive for most.
On MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, consent agenda item B was
approved by a voice vote of 4-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS - None
9. PUBLIC HEARING - None
'10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes for each speaker
Roger Baker, Association for Retarded Citizens of Indian River County, (had previously
presented materials which are on file in the Office of City Clerk) presented a request for three
offices in the Municipal Complex.
4
Regular City Council Meeting
August 11, 2004
Page Five
DRAFT
04.178
2~-27
t1.
12.
Alan Green, Treasure Coast Builders' Association, presented materials (which are on file in the
Office of the City Clerk) alleging that the City does not comply with Florida Statutes 553.80
relative to use of Building Department funds.
Mayor McCollum said that in light of the possible lawsuit by the Treasure Coast Builders'
Association, no City Council member should respond.
Dick Wutzler, Quarry Lane, Sebastian, cited a problem with his rear easement with tree limbs
laying on FPL wires. He asked for help from the City. The City Manager asked him to contact
his office for assistance and he will try to contact FPL Mr. Wutzler said his address is 522
Quarry Lane.
Walter Barnes, Sebastian, suggested Council members obtain a copy of the Strategic Plan,
noted the construction of apartments in the north end of Indian River Drive in unincorporated
county, suggested that committees provide reports to Council on at least a quarterly basis,
noted Sebastian approved 57 annexations since its beginnings, and asked why Mr. Gilliams
who called him the big spender now wants the City to purchase property.
Damien Gilliams, said Council needs to follow its consultant's suggestions in purchasing
infrastructure.
Russ Owen, Sebastian, suggested a dunking booth for the Clambake Festival and noted he
needed seventeen people to participate.
Mayor McCollum called recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. All
members previously reported in attendance returned.
OLD BUSINESS - none
NEW BUSINESS
First Readinq Ordinance No. O-04-16 Repeal Resi.qn to Run Code, Set Public HeadnR
and Adoption Readin,q for August 25, 2004 (City Clerk Transmittal 8/3/04, O-04-16, F.S~)
A.~! ORDINANCE OF THE _'2!TY OF SE_~A_T~.~..~!, FLOR!D.~., AMEHD!.HO CHS. PTER 2, ARTICLE VI,
SECT!O?'! 2 ~.~7, .~.DS~.!.~!!STP~T!O.~.~ ~-O.~..~.-n~ CO.~M~O~, CO~EES, OF THE
CODE OF ORD~HS.~CES; PROV~D~HG FOR COHFL~CT PRO'/IDI~ FOR EFFECTIVE DA~.
The title as written on the agenda was in error and should read as follows:
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, TO REMOVE RESIGN TO RUN RESTRICTIONS AND REGULATE COUNCIL MEMBERSHIP
ON BOARDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Ordinance No. O-04-16 by title.
5
Regular City Council Meeting
August 11, 2004
Page Six
DRAFT
The City Attomey explained the language.
On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, Ordinance No. O-04-16 was
passed on 1st reading and public hearing scheduled for September 8, 2004 by a roll call vote
of 4-0.
04.168 B.
29-32
First Readinq Ordinance No. O-04-17 Council Expenses and Travel, Set Public
Hearin.q and Adoption Reading for September 8, 2004 (City Attorney Transmittal
8/4/04, O-14-17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 2 REGARDING COUNCIL EXPENSES AND CITY TRAVEL
POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
The City Attomey read Ordinance No. O-04-17 by title; explained the language, and offered an
author's amendment to include language allowing a City Council member to opt out of the
expense account as follows: "A Council Member may file a written notice with City Clerk that
the expense allowance is declined", and noted the employee travel policy will be rewritten as an
administrative policy.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-04-17 was
passed on Ist reading as amended and public headng scheduled for September 8, 2004 by a
roll call vote of 4-0.
04.182
33
C. City Mana.qer Performance Evaluation (HR Transmittal 8/4/04)
Damien Gilliams addressed Mr. Coniglio about his evaluation.
Each City Council member read or stated his evaluation into the record, commending him for his
achievements.
Mr. Coniglio said in keeping with similar cities, he recommended a 5% medt increase and 3.5%
market adjustment. Mayor McCollum concurred with the 5% merit increase but disagreed with
using a market adjustment two years in a row. Mr. Heptinstall agreed with Mayor McCollum but
that other staff must see a uniformity.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, the City Manager was given a 5%
medt increase by a roll call vote of 4-0.
13. CITY ATTORNEY MATTERS
The City Attorney stated that anyone who is an officer of a non-profit organization is considered
a principal of the organization and this would be a conflict on voting matters,
6
Regular City Council Meeting
August 11, 2004
Page Seven
DRAFT
Said he will bring potential language to the next regular meeting agenda for the non-binding
referendum, although it cannot be adopted until September, in accordance with the Charter.
Noted that the submerged land lease language has been corrected and will come before
Council for approval.
Reported on Community Redevelopment Advisory Committee activities to include an
expenditure for a gateway at the Sebastian Boulevard split and long term financing to
alleviate parking needs and property purchase to provide for a third boat ramp.
'14. CITY MANAGER MATTERS
None.
'15. CITY CLERK MATTERS
Reported on early voting in City Hall starting Monday August 16, 2004 through August 30, 2004,
including both Saturdays.
Received consensus to provide copies of the Strategic plan to all members.
Said that City board minutes can be provided to Council as was done in the past. Discussion
took place on inviting members of boards to report to Council every fourth meeting. The City
Attorney suggested each board be invited to attend Council meetings one at a time to give
reports under "committee reports".
Said travel information and checks for the Florida League of Cities conference will be provided
at the budget workshop.
16. CITY COUNCIL MATFERS
A. Mayor McCollum
Reported the budget workshop will be held on Tuesday, August 17, 2004 at 6:00 p.m. and said
he had instructed the City Attorney to draft language for a method to legally cancel Council
meetings. There was no objection from Council.
(Side 1, Tape~g:25pm)
Said he was not the McCollum running for Senate.
B. Mr. Heptinstatl
Inquired on the moving of the Cain house. The Public Works Director said the work began on
the relocation of the Cain House today.
Regular City Council Meeting
August 11, 2004
Page Eight
DRAFT
Discussion took place on properties available for purchase in the Community Redevelopment
Distdct and requested staff to compile a list of preperties and what can be done with them. The
City Attorney
stated that it is not required for the City to back a CRA loan although it makes good sense.
Damien Gilliams addressed City Council on available properties.
C. Mr. Coni,qlio
Said the doubling of FPL poles in the City looks ridiculous especially acress frem Pelican Island
Elementary School. The City Manager said he could contact FPL and ask them to previde a
public presentation. Mr. Coniglio said he would like FPL to know Council's concerns
beforehand.
Requested public parking signs on US 1 t° let people know where there ~s public parking.
D. Ms. Monier
Absent.
E. Mr. Barczyk
Mr. Barczyk said the ARC request for reom in the City complex is worthwhile, noting that they
were told they could have space where KIRB will be locating. The City Manager said he had a
very casual meeting with them and no commitments were made at that time. He said
accommodations can possibly be made in the old City Hall building.
The City Attomey said if there is an inclination to provide space for them he would like to know
since the Clambake Foundation had planned to have the group be recipient of the proceeds
frem the festival.
Mayor McCollum said he is not in a position to discuss it now but perhaps staff can come back
with a recommendation. It was the consensus to find out ARC's needs.
17. Being no further business, the Mayor adjourned the Regular City Council meeting at 9:55 p.m.
Approved at the
meeting.
Nathan B. McCollum, Mayor
ATTEST:
CITY OF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
SPECIAL MEETING
CALLED BY MAYOR MCCOLLUM
TUESDAY, AUGUST 17, 2004 - 5:45 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor McCollum called the Special Meeting to order at 5:45 p.m.
2. The Pledge of Allegiance was recited.
3. ROLLCALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Special City Council Meeting
August 17, 2004
Page Two
4. SPECIAL MEETING ITEMS
A. RESOLUTION NO. R-04-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING RECOVERY EFFORTS FOR HURRICANE CHARLEY
VICTIMS AND AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING
FOR APPROPRIATE COSTS RELATING TO REQUESTED AID RESPONSE;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor McColium read the title and stated his reason for calling this meeting was to
obtain Council approval for direction to the City Manager to proceed to provide
personnel in the Hurricane Charley recovery effort and provide funding for their effort,
which will then be reimbursed by FEMA.
Ms. Monier said she stopped in Arcadia this morning and was told people there need
food and supplies such as toilet paper.
Mayor McCollum said people can contact 1-800-FL HELP1 to find out what needs exist;
and that a list of needed items should be first obtained before just getting items together
and sending them.
On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Resolution No.
R-04-32 was adopted by a roll call vote of 5-0.
Being no further business, Mayor McCollum adjourned the Special Meeting at
5:55 p.m.
NOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
FY2004/2005 BUDGET WORKSHOP
TUESDAY, AUGUST 17, 2004 - 6:00 P.M.
MINUTES
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1, Mayor McCollum called the Budget Workshop to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLLCALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Jason Milewski
Airport Intern, Ryan Denner
Building Director, Wayne Eseltine
Finance Director, Shai Francis
Human Resources Director, Jim Sexton
General Services Administrator, Paul Wagner
Golf Course Director, Greg Gardner
Growth Management Director, Tracy Hass
Police Chief, James Davis
Police Lieutenant, Michelle Morris
Police Lieutenant, Greg Witt
Police Lieutenant, Bob Lockhart
Public Works Director, Terry Hill
Stormwater Engineer, Ken Jones
Public Works Superintendent, Jerry Converse
Parks Superintendent, Chds McCar[hy
Garage Superintendent, Pete Socci
Head Garage Mechanic, Steve Jennings
Budget Workshop
August17, 2004
Page Two
FY2004/2005 BUDGET
A. Openinq Comments - City Manager
The City Manager began stating this is the fourth continuous year for the
operating millage rate to remain at 4.5904 due to the growth of the City and
conservative budget practices. The total budget estimate is over $21.7 million
which includes general revenue, grant funds and enterprise funds. He further
clarified that only 15% of this budget comes from property taxes.
Endorsement Presentation, Sebastian Budqet Advisory Committee -
Chairman
Chairman Richard Smith presented the Budget Advisor7 Committee's comments.
(see report attached)
C, Department Goals, Objectives, and Programs, Fiscal Year 2005
Mayor McCollum noted personnel costs have gone up 29%, advised that he is
not inclined to cut any personnel costs at this time, but that the City should be
looking at other insurance opportunities available in the future.
ADMINISTRATION D~ A~'~'
1 ) CITY CLERK/COUNCIL
Sally Maio, City Clerk presented her department's accomplishments and
goals; and responded to an inquiry about the increase of $1800 in Council
travel, noting it was the inclusion of the monthly expense allowance which
may now have to come out.
2) GENERAL SERVICES
Paul Wagner, General Services Director, presented the department's
goals for 2005.
The City Manager responded to questions about the need for the two
part-time positions, stating the positions would be administered by his
Executive Assistant in the new building at the front lobby desk to receive
calls and register visitors. Mr. Heptinstall noted that the part-time
positions remove the necessity for benefits.
Budget Workshop
August 17, 2004
Page Three
Tape/, Side II (6:55 pm)
3) CITY ATTORNEY
Rich Stringer, City Attorney, presented his 2005 budget and said he was
adding an administrative assistant with the move to the new building. The
City Manager responded to an inquiry about the need for a computer for
the assistant, stating the savings from the vacant position until the end of
the year would provide for the computer.
Mr. Coniglio asked about a part-time assistant and whether the car
allowance could be changed to providing a car. Mr. Stdnger said a prior
study found that an allowance vs. providing a vehicle was a savings to the
City.
Mr. Coniglio suggested looking at providing an allowance to the City
Manager rather than providing a vehicle in the future.
Mr. Heptinstall said the cell phone cost looked a little steep.
Mayor McCollum noted that cell phones are replacing 800 MHz radios
and the City Manager expounded on this noting there will be no
duplication of service.
Mr. Barczyk suggested unifying the cell phone system.
4) FINANCE/MIS
Shai Francis, Finance Director, presented her department's
accomplishments and goals and noted the issue of the City Attorney's
computer has already been taken care of.
5) HUMAN RESOURCES
Jim Sexton, Human Resources Director, presented his goals for 2005,
cited the increase in costs for insurance premiums over the last several
years, said the City is going out to bid, but there are not many providers in
the market, cited employee incentives and pro-active safety committee
steps preventing workers' compensation claims will result in an 24%
increase anticipated for next year; said it was difficult to decrease health
claim issues; reported on the supervisory training that has been
conducted over the last several years, commended the City Attorney for
his legal assistance in personnel matters; said PBA negotiations are
moving forward and he hoped to have a contract in place by Oc{ober 1.
3
Budget Workshop
August 17, 2004
Page Four
Mr. Heptinstall asked if consideration had been given to cafeteria plans
and Mr. Sexton said that is what is currently in place, however, noted
there are no HMO's in Indian River County. He said as the
demographics of the County change, HMO's will come to town.
Mayor McCollum suggested it may be time for all governmental agencies
in Indian River County to work together to seek a better insurance
program.
Mr. Coniglio commended Mr. Sexton for finding fraud in the City; and
asked about Charter officer evaJuation process, requesting input for the
process and copies of the entire financial package for each during the
process. He commended the Human Resources staff for their
coordination with the health community with health fairs and screenings.
Mr. Coniglio commended the Human Resources Director and City Clerk
for their involvement in the American Cancer Society's Relay for Life.
Mayor McCollum called recess at 7:17 p.m. and reconvened the workshop at
7:23 p.m. All members were present.
T
Police Chief Jim Davis introduced Lieutenant Michelle Morris, Lieutenant
Greg Witt, and Lieutenant Bob Lockhart; and presented his department's
accomplishments, statistics and goals by division.
Police Administration
The Chief responded to questions about overtime and retirement figures.
Mr. Coniglio requested a future presentation on community policing.
School Resource Officer Unit
Lieutenant Witt noted that the Life Skills program will be utilized in 2005.
Mayor McCollum noted that safety of school students should be a school
district responsibility. He said he was fully supportive of the program,
however, believed funding should be shared. The City Manager said he
had met with the School Superintendent on this subject, and had not
been successful in obtaining a commitment for funding.
Council members commended the officers who perform this duty.
4
Budget Workshop
August17,2004
Page Five
Tape II, Side I (8:03 pm)
Chief Davis responded to Mr. Heptinstall's question about the $32,500 for
the vehicle.
Patrol Division
Mr. Barczyk noted #5 under Capital Outlay Schedule should be
"replacement radios"; and asked questions about taser models and use.
The Chief of Police said while he recognizes the controversies
surrounding use of tasers, sufficient training programs will be provided.
Mayor McCollum said this is not approval of the taser purchase, only the
funding.
Mr. Heptinstall asked if two additional officers were sufficient and the City
Manager said two additional officers per year will be the number
recommended.
Mr. Heptinstall asked why there are always two officers at traffic stops.
The Chief explained that when officers are not busy they will routinely
back each other up as a safety measure and this is typical for the CR512
corridor.
Community Policing Unit
The Chief commended the 25 police volunteers who contribute many
hours to the City.
Code Enforcement Division
Mr. Heptinstall said he would like to discuss the time volunteers put in at a
future meeting.
Mayor McCollum suggested another Code Enforcement Officer be added
to add more weekend coverage. The City Manager said a starting officer
with benefits would probably be in the area of $40,000; but would have to
come back with further information for vehicle and equipment; and
suggested that funding be found in the first quarter budget amendment.
It was the consensus of Council to pursue this in the first quarter. Mr.
Barczyk suggested a part-time position for weekend coverage.
Lieutenant Witt said there is currently weekend coverage.
5
Budget Workshop
August17, 2004
Page Six
Detective Division
In response to question about request for a Narcotics Detective, the Chief
said the Division seems to be working better with DEA than MACE.
Support Services Division
No questions.
Police Dispatch Unit
Mr. Heptinstall said in his prior experience, six hours was the maximum
hours worked, based on studies conducted, and there was no turnover.
Special Operations
The Chief said the Madne Officer's salary difference was based on
longevity.
Professional Standards D R AFT
No questions.
Mayor McCollum called recess at 8:35 p.m. and reconvened the workshop at
8:45 p.m. All members were present.
7) ENGINEERING/STORMWATER
Ken Jones, Stormwater Engineer, presented the department's
accomplishments and goals.
Mayor McCollum noted a paragraph on page 6 of the City Manager's
letter regarding need for new engineering inspectors in fiscal 2005, noting
annexations do increase City costs despite comments that were made
that there would be no impacts from annexations other than police
impacts. The City Manager responded that with revenue adjustments in
the fiscal year there will be minimal impacts to the general fund in this
regard. Mr. Heptinstall noted that properties not annexed will also cause
stormwater impacts in the City.
8) ROADS & MAINTENANCE/PARKS/CEMETERY
Terry Hill, Public Works Director with assistance of Public Works
Superintendent Jerry Converse, Park Superintendent Chris McCarthy,
and Garage Supervisor, Pete Socci presented the Public Works/Roads
and Maintenance/Parks/Cemetery budget.
6
BudgetWorkshop
August17,2004
Page Seven
Mr. Coniglio asked if the City was ready to take over maintenance of
CR512, and the City Manager responded that funding will not become
available until 2006/2007, at which time appropriate personnel
recommendations would have to be made.
Tape II, Side II, (9:11 pm)
Mr. Coniglio inquired about curbing of street comers to prevent wear, and
Mr. Hill said no report has yet been prepared.
Mr. Coniglio asked if shrubs can be planted to prevent people from
parking in the swale on Tulip Street adjacent to the park.
Mr. McCarthy responded to questions relative to the proposed storage
building at Barber Street Sports Complex, and Iow spots adjacent to
concrete paths at BSSC.
Mr. Heptinstall questioned the use of clay on the tennis courts and bocce
courts due to high maintenance costs; and suggested using an alternative
surface.
Mr. McCarthy said one of the new employees would be dedicated to the
new park. Mayor McCollum suggested putting the tennis courts on the
next agenda. Mr. Coniglio recommended bringing back all information
that was provided originally, and seeking information on surfaces at
Florida League of Cities this week.
Council stated their decision to reconsider the surface had no effect on
the additional personnel.
9) GROWTH MANAGEMENT
Tracy Hass, Growth Management Director, presented his department's
goals for 2005.
10) BUILDING DEPARTMENT
Wayne Eseltine, Building Director, presented his department's goals for
2005.
11) GOLF COURSE
Greg Gardner, Golf Course Director, presented his department's goals for
2005.
Mr. Coniglio suggested increasing advertising expenditures.
7
Budget Workshop
August 17, 2004
Page Eight
12) AIRPORT
Tepe Iff, Side I (10:01 pm)
Jason Milewski, Airport Director, presented his department's
accomplishments and goals for 2005.
Mr. Coniglio suggested increasing advertising expenditures.
5. COUNCIL COMMENTS/DIRECTION
The Mayor cladfied Council's consensus on the need for an additional code
enforcement officer and that the tennis court discussion be added to the next
agenda.
6. PUBLIC COMMENTS
None.
Being no further business, Mayor McCollum adjoumed the Budget Workshop at
10:18 p.m.
Approved at the
meeting.
Nathan B. McCollum, Mayor
A I I EST:
Sally A. Maio, CMC, City Clerk
City of Sebastian, Florida
OFFICE OF TIlE CITY~ ATTORlqEkY
AGENDA TRANSMITTAL
Ageuda So. 04. I ?~
Subject: Riverview twin piers; lm~d lease Date Submitted: 8/18/04
For Agenda of: 8/25/04
SUMMARY:
The City has developed the twin piers on the Riverview Park southern extension (which I am
lobbying to be named "$outhPointe", since we are so bad about not naming our facilities!) in
accordance a pre-existing permit in order to take advantage of grandfathered righ~ prior to the
new Dock Siting Plan enacted for the County. The City then went in and rettofitted the piers to
comply with ADA, which requires a modification to the submerged land lease since additional
space was needed for the handicap turn around.
Enclosed is the modified Submerged Land Lease for execution by the City.
RECOMMENDED ACTION:
Move to authorize Mayor to execute Modified Submerged Land Lease for the Riverview
Pa~k Twin Piem.
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE~fr~-
Tl~s Instmmem Prepared By:
P~ie ~'. Scott
Re~urrm_g P,~venue Sec'dm
Bureau of Pub~k Lsnd Ad~x~nistr~on
3900 Commonwe~/h Boul~n~'d
BOARD OF TKUSTEES OF TIIE INTEKNAL llVflrKO~ TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMER(~D ~S LEASE
Ladim R~ver Comaty, conla~Lng 25.652 square i~ mom
2. AGREEMENT TO EXTENT OF USE: This lease is gg'en to the Lessee to usc or occupy the leased praises only
for those activities specified herein ~md as conditioned by the Department of Envlromn~aI Prot=ct/on, Envumnment~l Resourc~
Petit and Modi~ed Permits. The Lessee shall not c~m~e or add to the approved use of the leased pt~*miscs as defined herein
(e.g. from commercial to muki-~m/ly resklm~inl,/rom temporary mooring to rereal of v~t slips, from rental of wetslips to
con~'actu~l aS~ mm~t with tiffed pe.r ty for docIdng o£ cruise sfeps, f~om reut~ of recreational pleasure cra~ to rental or
t~aporary moolthg of chafer/tour boats, from Ioadth~/o/~oeding commercial to r~tai of w~tal~ps, ~tc.), shall not ch~e
activitie~ in an), maimer that may have ~ enviromnental impe;t that was not consids~ed in the orili~ aathofizafion or
rogulatory permit, or shall not change the type of use of the dpafiau uplands without first obtaining a regt~tory perafit/modified
p~m~it, ff applicable, and tha Lessor's wfitte~ sxxthorizatinn in the form of a modified lease, the paymezft of edditiona! fees, ff
applie~l~, ~nd, if appt/cable, the removal ofapy saucmres which may n~ longer qua/ify for au~orizafion under the modified
3, PROPERTY RIGHTS: The Lessee shall make no claim of title or imerest to said lands hereinbefore described by
mason of the o~apancy or use thereo/; and all title and interest to said land hereinbefore described is vested in the Lessor. The
Lessee is prohibited ~om including, or making any claim that pu~orts to include, ~ald lauds de~-ibed or the Lessee's
leasehold interezt in said ]ands ir~o any form of private ownership, including but not [iralted to any form of condominium or
cooperative ownership, The Lesseels further prohiblt~l from making any claim, including any adverUseal~nt, that said land. or
the use thereofi, may be pur~ased, sold. or re-sold.
4. INTEREST 1N K1PAKIAN UPLAND PROPERTY: During the term of this tease, the Lessee shall maintain a
leasehold or fee gmplc lire interest in the riparian upland property and if such interest is terminated, the lesze may be terminated
at tho option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the uplaad
propeWy, Lessee shal[infonn any potential buyer or trans~re~ of the Lessee's upland pmpexiy interest of the existence of this
5. ASSIGNMENTOFLEASE: Thisleaseshallnotbeazsignedor otheoadsetransferredwithoutpdorwriti~
Mail to the following address:
period of this lea~e,
ill~gal operations of any kind on the leased prerinses.
Pase 2~of 11 Pag~
S overeig-my Subn~a'ged Lands Lease No. 311537314
1 I. MA2NTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall m~intain the leased premises in good
condition, k~.ping the ~a~a ~w,r e~ ~d ~ulpmmt located th~con in ~ good sl~e of repair in the interests of public health, safety
and welfare. No dock or pier sh~ll be eon~rugted in any m~mner that would cause harm to wildlife. The le~ed premises shall
bo mbjcct to in~pec4/on by the Le,~or or it~ de~'unt ed agent nt any re,~ onable time.
17, REMOVAL COSTS/LIEIqONRIPAB2A~UPLAZ~D PROPERTY: Anyco~sincurtedbytheLe~sorinrentova/
pro~din~ a~ provided by law.
l$, ~ The Lessee, at its own expenze, slufll reoord this fully executed lease in its
entirety in the public record~ oftbe eo~uty within which the Iea~e site is located within fourteen (14) days ztt~r receipt, md ~
provide to the Le~or within ten (10) days following the recordation a copy of the recorded lea~e in its entirety whlah aontain~
llovereignty Submerged LanEs Lea~e No, 311537314
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or ~erfere with ~utjacem
moofin~ capac/ty of the facility.
22. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee sledl obtain the U. S, Army Corps of Engineers (ACOE) permit ifit is required by the A. COE, Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE slmll require consldctation by and the prior
23. COMPLIANCE WITH FLORIDA LA~Vf$- On or in conjunction w/th the use o£ the leased pre.rises, the Lessee
sl~ at all times comply with all Florida Statutes and all adrrflnisttafive rules promulgated thereunder. Any unlawful activity
th/s lease by the Lessor.
24. L~ff=A~.Od~[~: The term "llveaboard" is defined as a vessel docked at the fau'fl/t~ and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thir~ (30) day period. Ifliveaboards are authorized
by paragraph one (1) of this lease, in no event shall such "l~veaboard" status exceed six (6) months within any twelve (12) month
period, nor shall any such vessel constitute a legal or primary residence,
Page~4 of 11 Pages
Sovereignty Submerged Lands Lease No. 311537314
Pase ~ ofll Pages
Sovereisnty Subme~g~ Lands Lea~ No. 311537314
WITI~SSES:
BOARD OF TRUSTEES OF TH~ I]qTEP, NAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLOK1DA
BY:
Dale Ad~uns, Operations and Managemmt Consultant
Ivlanager, Bureau of Public Land Adn/ni~u'afio~;
Division of State Imnds, D~partme~t of Environmental
Protec~o~ ~ ag~t for a~d on behalf ofth~ Board of Tn~ of
*he Intem~] Improvement Trust Fund of the State of Florida
STATE OF FLORIDA
COUNTY OF LEON
"LESSOR"
Tbs ~ing i~ was aclmowl~g~d befo~ mo this __ day of ,20~ byDal~
PrintS, Typed or Stamped Nam~
My Commi~ion Expire:
C~o~S~ No.
WITNESSES:
¢SEAL~
Ot/gil~l Si~alre
l~d/Print~l Nams of v, rmaess
Original $igaatu~
BY:
~ Signmr~ of ExeoXdng Authority
Nathan M~:Colk~
Typed/Printed Name of Excreting Authority
M~v~
T~e ~P~ Authority
Typed/Printed Nsam of Witm:ss
STATE OF
COUNTY OF.
The foregoing instrument was ~ledged before me this -- day of 20 , by
Nathan M¢Collum ~ Mayor. ~Jr md on behalf of CRv of Sebastisax Florida. H~ is personally tmown to me or who has produced
as id~dfic~tioa.
My Commk~ion Expires:
Notary Pubic, State of
CommissiordSetial No. ·
Pa~6of 11Pa~es
Sovere/gnty Submerged Land Lease No. 311537314
IMmed, Typed or Stamped Name
QUADRANGLE MAP
~j~ Kimley-Hom J RECREATIONAL PIERS
and Associates, Inc. RIVERVIEW PARK EXPANSION
Engineering, Plan~ing, a~d EnvSronmen~al Co~sultan~s ¢~rt o~ ~Al~u~
lB
AttachmentA
Page 7 ofll Pages
SSLL No. 311537314
S:\SEBA~'1AN~ ~l'y DOG~ DOO<:Ea, SE.d wg, 12j2312083 11:'13:55 AN, \\KHA_TR ED, i_~000.V~B, FLI~3~A
Attachment A
Page 10 of 11 Pages
SSLL No. 311~37314
DOCUMEN'f~Y
NOTES
JEF~ ~. ~A~mN, CLER~
iNDIAN RIVER ~uN[V
P~lm~m-~.06-31-3g-00020-0110-O0001/0
Warranty Deed
ThisIndenture, Madetbis 3~7'~dayaf /(3~-- , 1999 ~D., Between
GOOD GUYS, INC., a ~orporation existing ~nder the laws of the State of
Florida
CI~W OF SER~TIAN, a municipal corpora .tiros existing under the laws of
........................ TEN DOLLARS ($10) ....................... DOLLARS,
Lots 11, 12, 13, 14 and 15, Nloc~'9, and the North 1/2 of abmndoned
Jefferson Street bounded on the West by the Southerly projection of
the West line of L6t 15, Block 11, and bounded on the South by the
intersection with the pro~ection of the West line of Lot 15 to the
West right of way line to Old Dixie Highway.
~/~D ALso the North 1/2 Of abandoned Jefferson Street right of way
Indian Ri~r County, Florida.
Sabject to, and the Srantee assL%mes all responsibility.for and holds
relating to the "P~verfront Wate~ Project" of the City of Sebastian.
Printed Name ~ .~'~ ~ ~
Witness
STATE OF Florida
COLr~TY OF Indian River ~
Luciano Cortese, Vice President of Good Guys, Inc. ~ a
Notary ~lic
Luciano co
Attachment B
Page 11of 11 Pages
SSLL No. 311537314
ealed and ddivered i~ our presence: GOOD GUYS
MUNICIPAL AIRPORT
City of Sebastian, Florida
Subject: Resolution R-04-33 accepting
Federal Aviation Administration Grant
Agreement for the rehabilitation of Taxiway
"A" and construction of an Aircraft Parking
Apron.
Agenda No. Cq, ~)q 7
Department:
Department Head:
Purchasing/Contracting:
Finance Director:
Airport
/ City Attorney:
~rg'~r, pved for Su~rfiittal by: City Clerk:
/rerre~.C~;fiager
Exhibits. (2) - Resolution R-04-33, FAA Grant Agreement (to be attached)
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: $ u/a $ 0 REQUIRED: Sn/a
SUMMARY
Approximately two months ago, the City of Sebastim~ authorized Work Authorization 17
for The LPA Group, Inc. to perform design, permitting, bidding, and construction
inspection services for the rehabilitation of Taxiway "A" and construction of an Aircraft
Parking Apron. In addition, a grant agreement from the Florida Department of
Transportation (FDOT) in the mount of $25,000 was also approved for this same
project. In the agenda transmittal for the above-referenced authorizations, it was
mentioned that funding from the Federal Aviation Administration (FAA) was anticipated
after bids were received and evaluated.
Sealed bids were opened on August 4th, 2004, with the lowest proposal being nearly
$400,000 over the anticipated cost. After discussing this with the FAA, they suggested
that we submit a formal application for the full amount required and they will try to fund
it with other financial grant allocations. Unfortunately, this information will not be
available until the afternoon of August 25th, 2004, just prior to your regularly scheduled
meeting.
Because the grant agreement will not be issued until just before your next meeting,
airport staff is unable to include an exact dollar amount for a grant award with this
transmittal. Additionally, due to FAA deadlines, if the Council chooses to accept the
upcoming grant agreement, it must be executed by the City and returned to the FAA
offices in Orlando no later than August 2,6t~, 2004, the day following your meeting. It is
for this reason that staff cannot postpone this item for consideration on a future agenda.
Follow-up information regarding actual dollar amounts will be distributed to Council as
soon as it is received from the FAA.
Airport staff will be available during your August 25th, 2004 regularly scheduled meeting
to answer any questions you may have.
RECOMMENDATION
Move to approve Resolution R-04-33 authorizing the City Manager to accept and execute
a grant agreement with the U.S. Department of Transportation, Federal Aviation
Administration to provide funding to rehab Taxiway 'A' & Apron and Construct
Administration Building Apron.
RESOLUTION NO. R~04-33
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE U.S.
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION (FAA) TO PROVIDE FUNDING TO REHAB
TAXIWAY A & APRON AND CONSTRUCT ADMINISTRATION
BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the U.S. Department of Transportation, Federal Aviation
Administration (FAA) has agreed to provide funding to rehabilitate Taxiway 'A' and
construct an aircraft parking apron; and
WHEREAS, the City of Sebastian agrees to certain conditions to such funding;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached FAA GRANT AGREEMENT, AlP Project No. 3-12-0145-005-2004
entitled "Rehab Taxiway A & Apron and Construct Administration Building Apron" on
behalf of the City.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
· The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Nate McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this__
,2004.
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Mayor Nate McColium
Sally A. Maio, CMC
City Clerk
Approved as to form and
Legality for the City of Sebastian
Rich Stringer
City Attorney
DRAFT
U.S. Department
of Transportation
Federal Aviation
Administration
ORLANDO AIRPORTS DISTRICT OFFICE
5950 Hazeltine National Dr., Suite 400
Orlando, Florida 32822-5024
Phone: (407) 812-6331 Fax: (407) 812-6978
[Current Date]
Mr. Terrance R. Moore
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mr. Moore:
RE: Sebastian Municipal Airport; Sebastian, Florida
AlP Number 3-12-0145-005-2004
Grant Offer
We are enclosing the original and two copies of a Grant Offer for AlP Project No. 3-12-0145-
005-2004 for the Sebastian Municipal Airport, in response to your Application for Federal
Assistance dated August 4, 2004. Your acceptance of this Offer will constitute a Grant
Agreement by which the government will participate in the allowable costs of the project
amounting to $1,370,522 (Federal share).
Please review the Special Condition contained in the Grant Offer, and if you have any questions
we will be glad to discuss them with you.
Once the authorized official has executed the Agreement and the official's signature has been
notarized and sealed/stamped, the attorney for the City of Sebastian must certify that the
Sponsor's acceptance complies with local and state law and constitutes a legal and binding
obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the
attorney signs it AFTER the Sponsor.
If the terms of this Offer are satisfactory, please execute the document as soon as possible, but
not later than August 30, 2004. To assist us in administrative reporting requirements you are
requested to notify this office by faxing the signature page of the grant or by telephoning us
immediately upon executing the grant. The original and one copy of the grant needs to be
returned to this office. The remaining copy is for your file.
Sincerely,
W. Dean Stringer
Manager
3 Enclosures
cc: Jason Milewski, Airport Manager
Rebecca Minardi, FDOT/4
DRAFT
GRANT AGREEMENT
U, $. £epa[tmeot
of Transportation
/;ederal Aviatlu#
Date of Offer: [Current Date]
Project Number:
Recipient:
Airport:
3-12-0145-005-2004
City of Sebastian [Herein celled Sponsor)
Sebastian Municipal Airport
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as
the United States' share, ninety percent(90%) of the allowable costs incurred in accomplishing the project consisting of the following:
"Rehabilitate Taxiway Alpha; Construct General Aviation Terminal Apron"
as more particularly described in the Project Application dated August 4, 2004.
The maximum obligation of the United States payable under this Offer shall be $1,370,522 for airport development.
This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C.
Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations
and rights of the United States and the Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Manager, Airports District Office
SPECIAL CONDITIONS
See Attachment A
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and
Conditions of Accepting Airport Improvement Program Grants" dated September 1, 1999.
Executed this __ day of. ,20
(Sea[)
Name of Sponsor
Signature of Sponsor's Designated Official Representative
Title
Attest
Title
CERTIFICATE OF SPONSOR'S ATTORNEY
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Florida. Further, I have
examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and Title 49 U.S.C: in addition, for grants involving projects to be carried out on property not owned by
the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of tho Sponsor in accordance with the terms thereof.
Signature of Sponsor's Attorney Date
PROJECT NO.: 3-12-0145.005-2004 DATE OF GRANT OFFER: [Date Of Offer]
ATTACHMENT A: SPECIAL CONDITION
The maximum obligation for the current fiscal year stated in the second paragraph of this agreement may be increased by the additional
amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's share of the total
estimated cost of completion except as provided in section 47108 (b) of Title 49 U.S,C. Under section 47108 (a) of Title 49 U.S.C. and at
the sponsor's request, the FAA commits the United States to obligate an additional amount to this project for payment of its share of the
cost, in accordance with the terms hereof. This additional amount will include all or part of the funds apportioned to the sponsor for FY(s)
2005 and 2006 under section 47114 (a)(1)(A) of Title 49 U.S.C., subject to the restriction on the use of such apportionments now or
hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other statute er regulation. It is further understood
by the parties that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any funds made available for
discretionary use under sections 47114, 47115, and 47116 of Title 49 U.S.C. to further aid the sponsor in meeting the cost of this project
under the terms of this agreement and limitations of law. The exact amount of this commitment will be established for each fiscal year by
the FAA in a letter to the sponsor stating the current maximum obligation for this project. This letter will be issued to the sponsor by FAA
when such computation and obligation can be made in FY(s) 2005 and 2006. The parties agree that upon its issuance, this letter shall be
considered incorporated by reference into, and part of, this agreement.
City of Sebastian, Florida
Subject: Renewal of Contract with CiD, of Agenda No.
Sebastian/Sebastian Municipal Golf Course
and OneSource Landscape and Golf Department Origin:
Services, Inc. ~)ir6ctorof Golf
; .~ General Service Administrator
! ///~ //~z-~ Finance:
/~fl~,, Date Submitted: August 18,02004
For Agenda of: August 25, 2004
Exhibits: OneSource Amendment Two & Contract with City of Sebastian/Sebastian Municipal
Golf Course
EXPENDITURE AMOUNT BUDGETED: n/a APPROPRIATION
REQUIRED: n/a REQUIRED: n/a
SUMMARY
Item number nine (9) of the current contract between OneSource Landscape and Golf Sen-vices,
Inc. indicates that both parties reserve the right to extend the term of the current Agreement for
an additional five (5) years. (The current Agreement extends from October 1, 1999 to September
30, 2004). As a testament &the excellent relationship between OneSource and the City of
Sebastian/Sebastian Municipal Golf Course, OneSource has agreed NOT to increase the current
annual contract rate of $482,479.20. This was also offered to the City of Sebastian last year as
well, which means that OneSource Landscape and Golf Services, Inc. yearly rate with the City of
Sebastian/Sebastian Municipal Golf Course has not changed for three (3) fiscal years. Following
the Fiscal Year of 04-05, OneSource would have the fight to raise their annual contract rate in
accordance with the most current Consumer Price Index (CPI), as published by the Bureau of
Labor Statistics. The annual increase would not exceed 3%. Both Golf Staff and the City of
Sebastian Staffheavily favor renewing the Agreement with OneSource, who has maintained the
Sebastian Municipal Golf Course since October 1, 1994. OneSource has performed an excellent
job as the condition of the Golf Course grounds, turf (greens, tees, fairways, bunkers & roughs),
landscape plants and aquatics speak for itself.
RECOMMENDED ACTION
Per terms of current agreement between City of Sebastiar~Sebastian Municipal Golf Course and
OneSource Landscape and Golf Services, Inc., move to authorize extension for an additional term of five~
(5) years.
AMENDMI~NT TWO TO AGREEMENT BETWEEN
CITY AND ONESOURCE LANDSCAPE AND GOLF SERVICES~ INC.
THIS AMENDMENT,, made this day of~m~, 2004, modifies that certain
Agreement between the parties dated November 24, 1999 (hereinafter called the
"Agreement"), and provides:
WlTN~SSETH:
The City and Contractor for good and valuable consideration as hereinafter set forth, do
mutually agree as follows:
1. Contract Term. Paragraph 9 of the Agreement is hereby amended to extend the
Agreement for an additional five year term, beginning October 1, 2004 thru September
30, 2009.
2. Contract Sum and Payment to Contractor. Paragraph 3(al of the Agreement is
hereby amended as follows: The City shall pay to contractor for Contractor's
performance hereunder, the annual amount of $ 482,479.20 through September 30, 2005.
The annual amount will be adjusted annually on the anniversary date of thia
Agreement beginning October 1, 2005 in an amount equal to 100% of the
percentage change in the Consumer Price Index (CPI) as determined by the
difference between the Base Index and the then current "Comparison Index".
1) For purposes of this Agreement, "Comparison Index" is the most current
CPI-W, All Urban Consumers-United States; CPI-U.S., published by the
Bureau of Labor Statistics of the United States Department of Labor
(average-U,S, Cities-all items, 1967 100) ["CPI"] published closest to the
anniversary date of this Agreement.
2) For purposes of this Agreement, "Base Index" will be the CPi published
just prior to the execution date of this Agreement.
3) No annual anniversary Basic Fee adjustment will exceed three percent
(3%).
4) If the indexes referenced are no longer published, OSLGS and Customer
agree to substitute a comparable index.
Example 1~ Annual Base Fee increase:
Date Contract Executed:
Customer's Annual Basic Service Fee:
January 10, 2004
01,000
Base Index January 2004:
Comparison Index January 2005:
179.9
182.0
2.1%
Difference Comparison Index January 2005
MINUS Base Index
% Difference X $1,000
1~ Annual Base Fee Increase:
81,021
2.1% or $21,00
3. Remaining Terms. All other terms and provisions of the Agreement shall
remain in full force and effect.
Emered into on the date first wet forth above
ATTEST:
THE CITY OF SEBASTIAN
Sally A. Maio, CMC
Terrence R Moore, City Manager
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
OneSource Lan~olf Services, Inc.
CORPORATE SEA.L:
Scott E. Friedl~mder
Its Secretary
A]VI~_-NrDB/fENT ONE TO AGReEMeNT BETWEEN
CiTY A_N'D ON, SOURCE LA~rDSCAPt~ A.ND GOLF SEI~%q[C]ES. iNC.
_,,/
TI-ES AMEiNDiviENT, made tiffs /g?,Yday, November: 2003, mod~es
A~eemen~ be~een ~e p~es dated November 24 1999 (here~r c~ed the
"A~mement"): ~d provides:
WITNE S SETH:
The Cig, and Contraotor for good and valuable consideration as hereinafter set fortb~ do
mutually agree as follows:
1. Performance Bond. Para.m-apb 13 of the A~eemant is hereby amended to decrease
the amount of the required Performance Bond from 110% to 100% of the face amount of
the Contract Sum.
2. Contract Sum and ?avment to Contrantor. Paragraph 3(a) of the Agreement is
hereby amended to waive the annual contract escalation for ten~ year 2003/20(14.
3. Remainlne Terms. Ail other terms and provisions of the A~eement shall remain Ln
full force and
Entered into on the date first set forth above.
ATTEST:
S~y A. M~Wl, CMC
CiW Clerk
Apvroved as to/:onn and Legality for
Ke~r~e by the City. of Sebastian only:
~ch Smnger, City A~mey
OneSource Land
ksf~/den~_
, Golf Semces, Inc.
f.~THB CITY ~OF~ SEBAS i~AN
~ errence R. Moore, City Manager
CORPOI~TE SEAL:
Secretary
AGREENIENT
THIS AG1L~EM~NT, made this Sql'//' day, Now~mber, 1999 by and between the City of
Sebastian% a polJ. ncaJ subm,nsm.: o~ the State o~ Floriaa (heremazffer caJied the "City"), and
OneSource Landscape and c~oi/Sermces Inc., or ~ts successors, executors, aamansu~arors
and assigns (hereinafter called "Contractor").
WITNESSETH:
The City and Contractor for.good and valuable consideration as hereina~er set forth, do
mutually agree as follows:
1. Scope of Work:
Contractor agrees to furnish all materials, labor, supervision, and services necessary to
complete the work as described in the SPEC~ICATION SHEET FOR GOLF COURSE
GROUNDS MAINTENANCE CONTRACT, attached hereto as Exhibit "A" and the
AGi~ONOMIC SPECIlelCATIONS, attached hereto as Exhibit "B", and agrees to
complete the Work in a workmanlike manner in accordance with ail applicable codes and
in full compliance with the Contract Documents.
2. Contract Documents:
(a) The intent of the Contract Documents is to include all items necessary for
' the proper execution and completion of the Work by contractor. The Contract Documents
are complimentary, and what is required by one shall be binding as if required by all;
performance by contractor shall be required only to the extent consistent with the Contract
Domments and reasonably inferable fzom them as being necessary to produce the intended
results.
(b) The Contract Documents shall not be construed to create a contracmaI
relationship of any ldnd (1) ber~veen the City and a Subcomractor or a Sub-subcontractor,
or, (2) between any persons or entities other than the City and Contractor.
(c) The term "Work" means the services required for maintenance of a quality
public golfing facility in accordance with accepted industry standards, and includes all
labor, materials, equipment (Kef.er to City's Obligations) and services provided or tO be
provided by Contractor to fulfill Contractor's obligations hereunder.
3. Contract Sum and Payment to Contractor:
(a) Contract Sum: The City shall pay to Comractor for Contractor's
performance hereunder, the annual amount of $447,200 and an annual contract escalation(,~.)q )
equal to the Southeastern Consumer Price Index as of July 1, not to exceed 5% of the
current annual contract price.
(b) Contract Payments: The City shall make payments on account of the
Contram Sum to contractor m equal monthly insta ~lh-nents ~ provided below:
(i) Each Invoice for Payment by Contractor shall be subnfitted to the
City by the twenty-fa2h (25th) day of each month.
(ii) Provided an Invoice for Payment is received by the City not later
than the twenty-fffih (25th) day of a month, the City shall make payment to Contractor not
later than the tenth (10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above, payment shall be made by the
City not later than twenty (20) days after the City receives the Invoice for Payment.
4. Contractor's Obligations:
(a) Contractor shall supervise and direct the Work, using Contractor's best
skill and attention. Contractor shall be solely responsible for and have control over
maintenance means, methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract Documents ~ve other
specific instructions concerning these matters.
(b) Unless otherwise provided in the Contract Documents, Contractor shall
provide and pay for labor, materials, tools, maintenance of OneSource equipment and
machinery, transportation, and other facilities and services necessary for the proper
execution and completion of the Work.
(O Unless otherw/se provided in the Contram Documents, Contractor shall
pay all sales, use and other similar taxes and shall secure and pay for all p~mits and
governmental fees, licenses and inspections necessary for proper execution and completion
of the Work.
(d) Contractor shall enforce strict discipline and good order among
Contractor's employees and other persons carrying out the Work. Contractor shall not
pennit employment of unfit persons or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all times during the term of
this Agreement all required federal, state and local licenses necessary to perform the Work
required under the Contract Documents.
(f) Contractor shall be responsible to the City for the acts and omissions of
Contractor's employees, Subcontractors and their agents and employees, and other.
persons performing portions of the Work under a contract with Contractor.
5. City' s Obligation:
(a) The City shall, az no cost to the Contractor, provide the following services
and materials or facilities.
(4)
Wa~er & Sewer;
Electrical senfice;
Replacement of City equipment upon the reasonable determination of the
Director of Golf reflecting industry standards~
Cost for repair parts and materials required for proper maintenance and
utilization of City equipment~
Repair parts for the irrigation systercg
Adequate parking spaces designated for contractor employees; and
Maintenance and repair facility meeting all applicable OSFL~k Standards.
(b) The City shall provide an on-site City r~presentative at the golf course to
represent the City Manager for supervisory decisions regarding golf course maintenance
and other related activities as outlined within the contract documents.
6. Contractor warrants to the City that all materials and labor furnished under this
Agreement shall be free from any and alt defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective.
7. Correction of Work:
(a) Contractor shall, at no cost to the City, promptly correct Work, whether
done by Subcontraztors or by direct employees of Contractor, failing to conform to
requirements of the Contract Documents, whether observed before or after completion of
the Work~ and shall correct any Work found to be not in accordance with the requirements
of the Contract Documents within a period of thirty (30) days from the date of completion
of the Work or by the terms of an applicable special warranty required by the Contract
Documents.
(b) Nothing contained in this Paragraph 7 shall be construed to establish a
period of limitation with respect to other obligations which Contractor might have under
the Contract Documents. Establishment of the time period of thirty (30) days as described
in Subparagraph 7(a) above relates only to the specific obligation of Contractor to correct
the Work,, and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish Contractor's liability with respect to
Contractor's obligations other than specifically to correct the Work.
Subcontracts:
(a) A Subcontractor is a person or entity who has a direct contract with
Contractor to per~%rrn a por~on of the Work.
(b) A Supplier is a person or entity who has a direct contract with Contractor
to provide materials and/or supplies required to perform a portion of the Work.
(c) ~ Contractor, as soon as practicable after execution of the Contract, shall
furnish in writing to the City the names of the Subcontractors and SuppI~ers to be utilized
in performing the Work. Contractor shall not contract with any Subcontractor or Supplier
to whom the City has made reasonable and timely objection. Contracts between
Contractor and its Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extend o£the Work to be performed by the Subcontractor and the material
and/or supplies to be provided, by the Suppher, to be bound to Contractor by the terms of
the Contract Documents, and to assume toward Contractor ali the obligations and
respons~ilities which Contractor, by the Contract Documents, assumes toward the City.
9. Term:
The term of this Agreement shall be five (5) years, retroactive to October 1. 1999, unless
otherwise specified in the Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of five (5) years on the same terms and
conditions upon mutual written agreement.
10. Termination:
(a) For Cause: If Contractor defaults, or fails or neglects to carry out the
Work in accordance with the Contract Documents, or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to Contractor and without
prejudice to any other remedy the City may have, may terminate this Agreement.
Co) Without Cause: The City retains the fight to cancel this Agreement at any
time, with or without good cause, upon sixty (60) days written notice to Contractor when
such tenuination is deemed by the City Council to be in the public interest.
(c) Payment Upon Termination: In the event of termination as provided
herein, Contractor shall be paid on a pro-rata for services performed through the date of
termination less, if termination is for cause, damages incurred by the City as a result of
Contractor's failure to carry out the Work in accordance with the Contract Documents.
11. Indemnity:
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
han'nless the City and the Ciw' s agents, servants and employees, from and against all
claims, damages, losses and expense% including but not limited to attorney's fees, arising
out of or resulting from performance of the Work, except for injuries, damages or claims
which are the result of the sole negligence of the City, its agents, servants, or employees,
and Contractor shall at its own cost and expense defe~ud the City against any SUch claim,
sui% action or proceeding which may be commenced ~ainst the Ciw by reason thereo£
Contractor hereby ac'knowledges flint the obligations imposed upon the City and the t~rns
of this .~reement are the specific consideration for the indemnification provided herein.
12. Insurance:
Contractor shall procure and maintain during the life of this Agreement insurance of the
types, and subject to the Iimiks, set forth below. Contractor shall also provide the City with
evidence of this insurance prior to commencement of the Work in the form of Certificates
of Insurance, which shall be subject to the City's approval for adequacy.
(a) Workers' Compensation: Contractor shall purchase and malntaln~ from a
company or companies lawfully authorized to do business in Florida, workers'
compensation insm-ance for protection from claims for damages because of bodily injury',
including death, wkich may arise out of or result from Contractor's operations under this
Agreement, whether such operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of the above. This insurance shall be written for not
less than the limits of liability requked by law, and Coverage B, Employer's Liability, shall
be written for a minimum liability' of $100,000:00 per occurrence.
(b) Commercial General Liability: Contractor shall provide and maintain during
the life of tiffs Agreement, at Contractor's own expense, Commercial General Liability
insurance on an occurrence basis for a minimum of $1,000,00.00 per occurrence for
claims ofbodi~y injury including deatl% and $500,000.00 for property damage.
(c) Commercial Auto Liahifity: Contractor shall provide and maintain during
the life of this Agreement, at Contractor's own expense, Commercial Auto Liability.
insurance on'an occurrence basis for a minimum $1,000,000.00 per occurrence for claims
of bodily injury, including death, and $300,000.00 for propexty damage.
13. Performance Bond:
Contractor shall pumhase and maintain throughout the duration of this Agreement a
?efformance Bond in an amount equal to 110% of the face amount of the Contract Sum,
unless such requirement is specifically waived or modified in writing by the Ci~. Said
bond shall be with a surety insurer authorized to do business in the State of Florida. In lieu
of said bond, Contractor may obtain and deliver to the City an irrevocable letter of credit
from a qualmed lendm= mmtunon tn an amount equal to the Performance Bond required.
Comractor shall submit to the City proof of said surety bond or letter of credit upon
execution of this Agreement.
14. Assignment:
Contractor shall not assign this Agreemem to any other persons or firm without first
obtaining the City's writ-ten approval.
15. Notices:
Ail notices, requests, consents, and other communication required or permitted under this
Agreement shall be in writing and shall be (as elected by the person giving such notice)
hand delivered by messenger or courier service, or mailed by registered or certified mail
(postage prepaid) return receipt requested, addressed to:
~ TO TYiE CITY:
City of Sebastian
Attn. :City Manager
1225 Main Street
Sebastian, Florida 32958
IIriTH A COPY TO:
City Attorney
Sarne address
~ TO CONTRACTOR:
OneSource Landscape and Golf Services Inc.
5028 Tampa West Blvd.
Tampa Florida 33634
ATTN: Konald ~E Schmoyer
16. Time:
Tirne limits, stated in the Contract Documents are of the essence of this Agreement. By
executing this Agreements Contractor comiSnns that the contract times are a reasonable
period for performing the Work.
17. Conflict of Interest:
(a) Contractor represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance
of services required hereunder, as provided by law. Contractor fur[her represents that no
person having any such interest shall be employed in performance of the Work.
Co) Contractor shall promptly notify the City in writing by certified mai/of ali
potential conflicts of interest prohibited by existing state law involving any prospective
business association, interest Or other circumstance which may influence or appear to
inftuence Comractor's judgxnent or quality of services being provided hereunder. Such
written notification shall identify the prospective business association, interest or
circumstance, the nature of work that Contractor may undertake and request the opinion
of the City as to whether the association, interest or circumstances would, in the opinion
of the City, constitute a con/Iict of interest ffentered into by Contractor. The City agrees
to noti_C-y Contractor of its opimon by certified mail within ~ (30) days of receipt of
notification by Contractor. If, in the opinion of the City, the prospective business
association, interest or circum~ance would nol constitute a confiic: of interest by
Contractor, the City shall so s~ate in the notification and Contractor shall, at its optio~
enter into said association, interest or circumstance and it shall be deemed to be no'~ a
conflict of interest with respect to services provided to the City by Contractor under the
terms of this Agreement.
18. Compliance With All. Applicable Federal Laws:
Contractor shall comply with al/applicable federal laws that in any way regulate or impact
the Work, including, but not limited to, The Clean Ak Act (42 USC -7506(c)), The
Endangered Species Act (16 USC -1531, et, seq.), Executive Order No. 11593, Executive
Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act
(PL 85--624), The Safe Water Drinking Act Section 1424(e) (PL 93--523, as mended),
The Wild and Scenic P, ivers Act ('PL 90--542, as amended), The Demonstration Cities
and Metropolitan Development Act of 1966 (PL 89--754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 1 I738, The Civil P,/~mhts
Act of 1964 (PL 88--352), The Age-Discrimination Act (PL 94-135), Section 13 of the
Federal Water Pollution Control Act (PL 92-500), .Executive Order No. 11246, Executive
Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis
Bacon Act (40 USC -276), the Occupational Safety and Health Act and applicable
'.. regulations, and the Americans with Disabilities Act (PL 101--336).
19. Public Entity Crimes:
in accordance with Fla. Stat. 287.133(3)(a) Contractor is here'~ notified that:
Florida Statutes, requires the Florida Department of General Services to maintain and
make available to other political entities a "convicted vendor" list consisting of persons
and affiliates who are disqualified from public contracting and purchasing process because,
they have been found guilty cfa public entity er/me. A public entity crime is described by
Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person
with respect to and directly related to the transaction of business with any public entity in,
Florida or with an agency or political subdivision of any other state or with the United
States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or with an agency or political subdivision and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any comract to, or transact any
business in excess of the threshold amount provided in Section 287.017, Flor/da Statutes,
for category two (currently $15,000) with any person or affiliate on the convicted vendor
list for a period of 36 months from the date that person or aeaiiate was placed on the
convicted vendor list unless that person or ~h;iate has been removed from the list
pursuant to Section 28'7.133(3)(f), Florida Statutes.
20. Entire mid Sole .~eement:
Except as specifically stated herein, the Contract Documents constitute the entire
a~eemant between the parries and supersede all a~eements, representations, warranties,
statements, promises and understandings not specifically set forth in the Contract
Documants~ Neither party has in any way relied, nor shall in any way rely, upon any oral
or written agreements, representations, warranties, statements, promises or understandings
not specifically set forth in the Contract Documents.
21. Successors and Assigns:
Except as otherwise prodded in the Contract Documents, all covenants and agreements of
the parties contained in the Contract Documents shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties.
22. Remedies:
No remedy herein conferred upon any parry is intended to be exclusive of any other
remedy and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing a'~ law or in equity or by
· . statute or otheradse.
23. Goveming Law:
The Contract Documents shall be construed and enforced in accordance with and
governed by the laws nfthe State of Florida, and venue for any action pursuant to the
Contract Documents shall be in Indian P, iver County, Florida.
24. Amendments:
Neither the Contract Documents nor any term thereof may be changed, waived,
discharged or terminated orally, except by an instrument in writing signed by the part4'
against which enforcement of the change, waiver, discharge or termination is sought.
25. Waiver:
The failure of any of the parties at any time to require performance of any provision of the
Contract Documents shall in no manner affect the right of such party, at any later time to
enforce or requixe the same unless waived in writing. No waiver by any party of any
condition or breach shall be construed or deemed to be a waiver of any other condition or
any other breach of any tern-,, covanant or warranty contained in the Contract Documents.
26. ConfLict:
In the event of any conflict between the provisions of this A~eement and any attachm~ts
hereto, the provisions of this AgJ. cement shall prevail.
1~' WITNESS WI-IEREOF, the City has h~eunto subscribed and Contractor has affixed
irs name on the date first set forth above.
ATTEST:
TKE CITY OF SEBASTIAN
k_..--'/Terrence R.Cl~vloor ,e~/City Manage
Approved as to Form and Legality for
Kellance by the City of Sebastian only:
Rich Stringer, City
~and Gill Services, Inc.
CORPORATE SEAL:
Secretary /
SPECIFICATION SHEET FOR GOLF COURSE
GROUNDS MAINTF.~NANCE CONTRACT
TFfE CONTRACTOR WILL PROVIDE THE FOLLOWING:
I. Total payroll costs, benefits and uniforms for all employees.
2. An annual fertilizer program for greens, tees, fairways and roughs.
3. A~ annual chemical program to include pre and post emergence programs for nuisance
weeds and other damaging pests such as crowfoot, goosegrass, poe annua, mote crickets
and nematodes.
4. Preventive maintenance aud repair~ of all equipment on site including reel and bedknife
grinding and sharpening.
S. Preventive maintenance and repair~ of flow weR, pump station and entire irrigation system.
6. Coordinate scheduled maintenance activities with Director of Golf.
7. Purchase new equipment when n~eded to replace old One Source equipment.
8. Mowing program for tens, greens, fair~'ays, roughs and clubhouse grounds.
9. Grooming program for sand bunkers including raking, edging, mmving around edges and
adding new sand.
Soil analysis to help determine fertilizer programs.
Golf Course supplies - Pins, flags, tee markers, bali washers, trash cans, water coolers w!th
stands, stokes, rape, marking paint, hazard and pul-of-bound stakes, nuts bolts, washers,
screws, cutter k~'s and pins., cleaning supplies, sand trap rakes, divot mix sand, ~and trap
sand, top dressing mi~ and any other supplies that are required.
12. Aerifying and vertieutfing programs for tees, greens and fairways. Top dressing programs
for tees, greens and low fairway areas.
13. Landscapiug of Gulf Course and Clubhouse grounds.
14. All lieenses and permits'including a Restricted Usc Pesticide License in the Ornamental and
Turf category, proper training for safe handling of p~fieides, OSHA laws, right to know
laws, drug free workplace, and SARA title compliance for all employees.
15. Compliance with all St. Johns River Water Management District rules and regulations in
regard tv consumptive use permit.
16. Compliance with all rules and regulations of debt covenants.
17. Speeiiieatiori Shee~ for Maintenance Contract.
1 g. Fuels and lubricants including compliance with laws, rules and regulations for smrege and
1L
19.
20.
21.
Licensed applicator ~or lake management.
Weekly meetings with Director of Golf to discuss planned maintenance activities.
Monthly meetings (as requested by City. Manager) with City Manager and Director of Golf.
Telephone~
Trash Removal.
Responsibility for any fines, penalties, et* from any state of loeaI agencies for non-
compliance wtih laws, rules and regulations.
Monthly safety meeting'with maintenance staff.
Inspection of Golf Course by U.$.G.A. agronomist when requ,ested by Director of Golf.
07~2/99
AGiEONO1V~C SPECL~ICAT!ONS
A ronomic Spect ications
Mowing - mow~ daffy rouging from 5/22" tn 1/4" d~pemdi~5 on
wes~r ~d ~ of y~; v~ mow~ ~recdom ~ch ~¢ ~eem ~¢
mow~.
B. Caange c~p locatiom d~ity.
Rep. ah- ball marks, d/vots, or any other damaged arm' on all ~'e~m ~d
pm¢fi= pnr6~E gm-.ms a~ ~east thr~ thnm w~k2y.
E. Top dr~s ail ~eens an~ prac~c: pun/rig _zr~.ns aft=z aerifimdon ~d.
· . addk~onai]y as n~xi~d m rn~r~m{~ a smooth pun~ng surfac~. A trip dressing
appfication m~e of O.d to 1,0 cubic y~rds of matm-/al per 1,ilO0 square
Js rypicaliy ~.m~r~d. A represenmt/ve sample of fl:~ e~.dsr/ng soil nmmrimi
of the g:re~II,~ Sb~ll be sabIllilt.~ I:o a rep~. ~r~hle physical soft ms~.iug ~-~-~,,~;.~- to
~:ermi,,e fire spech'ic c 'tmrac. m~ic~ of ~h¢ th~ktg ma~aI m b~
Top flr~ssiug_ should occur eve~'y thr~ to four ~ dur/ng the
~ s~mson mad as needed dur/ng th.~
F. r ~bt vertiml mow/rig of all greens m~d.mac:Jc~ puniag greys
p~-f-uzmed ~ve~ seven to t~ days f~m May tn September to comroi mar_
and ;tm;ch ~ufld up ~ sdmuiam op~rm~ tuff growth. Fiery vertical
c~S sh~d be done ~wic~ in conjun~ion ~ the firsz ant/secoml core
aerificafion operations to control thamh ac~umulafiom
G. Spiking of ~ ~e-~ns and prattle.~ grins sba/1 be performed as needed
be.we~ ae,-~lcafions to mainmi~ prop~ wamr/nfil~adou.
th~-~n~_-~ ~mmJcab - shall be ussd in
Rm~s to pr=v~n: ~mrusion
as, Poa ~nnm, goog~grass, crabg?~ss,
K. W~ Comml - all greens and pracfic~ .~ecns s~ be m~nr~-~d ~
of forei~ ~sm ~d we~, sn~ ~ ~n bemu~ num~g~, ~d
om-' ~ fo~ ~s~,. even ~ k b nc=~ :o ~ ~ by ~d.
.L. ~,~=~¢sdc~de - ~ ~.m and pra~ ~eem ~ be tmamd as required
m ~ont~oi ~m~: a:rivJrf and preven: damage to ~hs mfr.
M. Overse~%~ - all grins areas shall be ovemeeded e~h ~i wRh a
grass bimd a~reed upon by D/r~c~or of Golf and'Super~nmndem. A soil
mmperamm mng~ of72-?¢ d~grees F. ~s b~st mired for overs~ed~ug.
aborn thirty days prior to overseed/ng,.alln~ro~n feWqi?~tion ~h~ll be
discontinued- A seed/rig rate of 35 pounds p~ 1,000 squar~ f~e: should
be sppl~6d~ foll°Wid bY amp dr~sing ~Ud mmt~g op~ratio~ ....... : ': ' ~ ..............
.All .As'~s Used for T~e Sm'~ace
~ ~) ~ys.
B. Top ~z~ssing - zll m~ slmll ~ top dr~ed u mhimum of ~hr~ (3)
Iim~ each s~rnm~ wi~ dzily divot rap. ~ir.
D. Sa:-up - ~ mm"i~ s~ ~ mov~ ~,iaily y~.~- r~,'~. Linc:'
s.k~l! be en~. d~ as necessary. Ball washers shaLi be fill~ ~ ne~ and
suppli~d wi~ :t~n mwel~.
E. W~"'~ conmoi - m:s sLall ~ k~c w~d-fm.- to an extant of a: L.,'-~.s~ 98 %
of ~he ar~ by as proper ~pli~/on of a.l~rovcd he~icid.e,s.
F. 'v%rdca! mow/rig - all ~
s~,mm~/n conjum~im wi~h cor~ ae~calion.
po, mS~ of ~l~u§e: p~ 1,000 s.~lare
(~ring and fall) soil ~m~ysis .~t be
nnaidon~l r~quir=n~r.s.
Fairways and Roughs - Ali .Arms of Play .Exc~t Grins, Te...~ and Namr'al
A. Mowing - all iairvays shall he mow~ r.N-~ limes per w~k: Ix:tween
1~" to 3/~t" during the active growing smsoa ~md am ne~um:i for the balance
of ~e year.
C. Fertilization - all ~airways and rou~dv.s shall be ~r'Hi~ed ~ a mm of 4
m 6 pounds of ni=og~ per l. O00 square t~t on an a.~,,.~ ba_qs. Soft
armlysis results (spring and fall) shall be used to ~urr~,in* other n~nSfiona!
D. Ve:z/cal mowing - roll faL-ways ~ roufb~ will be severeiy ve~c~liy
mowa/or sc~Iped ms n~c~ssar-y to controt mat or
E. W~d c~-mtro~ - fzirwsys snail be kept we~ fr~ m an =x-,~nt of at least
,o~% of the ar-~ by ~e proper a~iication of spprov~ 'ae.,~.icides.
F. Insecticide - Fairways & Roughs shall be nested as requ/red to
con=ol insect activity and prevemt damage ro the mr/'.
('Non-bermuda)
A/I areas ~ to be n~i~mi~ed z/a nmximu~ h=iEhr of 3" and a mi~rm,m
of ~ (3) mowings p=r monttt durinE ~ ~willg s~-~$11.
Landscape ~r~.~ - sIl m-~zs w/~- Imrimer~r of .o!~._,-adons ?~,w,~l. ,i~
or~-menr, al pl~.~, not intended for gol~ pN.v :md troy/hi a d,~in=hle border
A. C!~n-up - MI ~r~a~ xhmtl b= lil~mi~ ~. of ~ ~ debris mmh
a~ pa~-r, dri=k5.Z c~ms, bo~=, fallen limbs and leaves.
B, W~ cnmrol
whether by
A..q~v./ng :.all ~ sJmll be smlr~ ss n~-ssr~T m prom: ~ esmNish .,,- ....
C. L,-rig~on - ali =e_~ skull be ~-amr=d to provide adequam moisture for
proper growr, h.
D. Mowing - mec~micat remmml of ~"~s sbedl not be acgompLisMd
within o~e foo~ o~
Edz5~ of ~:~es, M~r~.~rz, valve ~x~, m~ms boxe~, backflow prevemcr,
from ~ow~ ~o~ ~e ~m~.
Sand Traps
AI~ smud ~r'~os sh,xIi bc r'~.k~ and edg~ '~kr~ (3) dines p~r we~k or a~
~-~c~s~.~-y m m~L,r~i~ a n~ ~c~ o~erJy ~.~. e~'-~~'.
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Indian River Lagoon License Plate
Funded Cooperative Cost-Sharing
Agreement
~]~ed for Sub, itel by:
Agenda No. 0q, I O q
Department Origin: Engr/Storm~
Ci~ Clerk:
~SubmiRed: August 17, 2004
For Agenda of: August 25, 2004
Exhibits: SJRWMD Contract #SH4?2AA
EXPENDfrURE REQUIRED: [ AMOUNT BUDGETED: APPROPRIATION
REQUIRED:
FUNDING SOURCE:
SUMMARY
To help restore and protect the Indian River Lagoon, the Florida Legislature established the Indian
River Lagoon License Plate Fund. Revenue generated fi.om sales of the license plate are used to fired
lagoon water quality, habitat restoration, and environmental education projects in Volusla, Brevard
and Indian River Counties. The focus oftbe program is to fund "turn dirt" implementation projects.
Typical projects include stormwater system retrofits to cleanse stormwater before it enters estuafine
waters. It is preferred that the projects be located in or immediately adjacent to the Lagoon. In
conformance with the City's Master Stormwater Management Plan to improve stormwater water
quality before being discharged to the Lagoo n, the Cit/pro posed a Best Management Practice (BMP)
Nutriem Separation Baffle Box to be located at the intersection of Indian River Drive and Davis
Street to eliminate the direct discharge of stormwater to the llldlan. River Lagoon. An application was
submitted and approved by St. John's River Water Management District (SJRWMD) to participate in
the License Plate matching fund Program. The City's 50% matching fund and in-kind contribution
will be $42,790. The City's portion of matching funds will be funded from the Stormwater Utility
Program
RECOMMENDEDACTION
Move to approve the Indian River Lagoon License Plate Funded Cooperative Cost-Sharing
Agreemem with SJRWMD.
Contract #SH472AA
INDIAN RIVER LAGOON LICENSE PLATE FUNDED
COOPERATIVE COST-SHARING AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF SEBASTIAN
FOR INDIAN RIVER DRIVE NUTRIENT SEPARATING BAFFLE BOX
THIS Cooperative Agreement is entered into by and between the GOVERNING BOARD of the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid
Street, Palatka, Florida 32177, and CITY OF SEBASTIAN ("City"), 1225 Main Street, Sebastian, Florida
32958.
WITNESSETH THAT:
WHEREAS, the District is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries
encompass the Indian River Lagoon; and
WHEREAS, pursuant to section 320.08058(10), Fla. Stat., the Legislature has established a
program whereby a portion of license plate revenues are directed toward habitat restoration and
improvement of water quality within the Indian River Lagoon, which may serve as matching funds for
other local, state, or federal funds or grants, and
WHEREAS, City is conlributing matching funds for a project (hereafter "the Work") that will
provide for habitat restoration and/or improvement of water quality within the Indian River Lagoon, as
further described below.
NOW THEREFORE, in consideration of the payments herein specified, and which the District
agrees to make, City agrees to famish and deliver all materials, to do and perform all work and labor
required to be furnished and delivered, done and peffm-med for Indian River Drive Nutrient Separating
Baffle Box, Contract #SH472AA ("the Work"). City agrees to complete the Work in conformity with this
Agreement and all attachments aud other items specifically Incorporated by reference are part of this
Agreement as fully and with the same effect as ff set forth hereIn.
This Agreement consists of the following documents, including all modifications incorporated
therein before their execution: Agreement; EXHIBIT "A" - Statement of Work; and all attachments
hereto.
ARTICLE I - TER1VL SCHEDULE AND TIME OF PERFORMANCE
A. Term. The term of this Agreement shall be from the Effective Date to the Completion Date.
Effective Date. The Effective Date of this Agreement shall be the date upon which the last
parry to this Agreement has dated and executed the same; provided, however, that in the
event a date other than the aforesaid is set forth below in this section, that date shall be the
Effective Date.
In lieu of the aforesaid Effective Date, the Effective Date of this Agreement shall be
N/A _ (enter alternative Effective Date, or enter N/A).
2. Completion Date. The Completion Date of this Agreement shall be no later than twelve
(12) months from the F_,ffecfi-ve Date hereof, unless extended by mutual written agreement of
Page 1 of 12
Contract #SH472AA
the parties. Ail Work under this Agreement shall be completed for use no late than the
Completion Date.
Schedule of Work. City shall commence the Work:
[X'] Within ffftean (15) days after the Effective Date; or
[ ] Upon the issuance of a Notice to Proceed by the District; or
[ ] Within fourteen (14) days of issuance of a Work Order by the Dislrict; or
[]On
(insert specific date).
This date shall be known as the "Commencement Date." City shall prosecute the Work regularly,
diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the
Statement of Work and the time stated for completion therein. The time stated for completion
shall include the final cleanup of the premises, as applicable. A fifteen (15) day period has been
included in the allotted time for completion to allow for mailing of this Agreement and City's
submission of any required submittals. City will not be allowed to commence the Work until any
requixed submittals are received and approved.
Time is of the Essence. The Commencement Date and Completion Date are essential conditions
hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where
additional time is allowed for the completion of the Work, the new time limit shall also be of the
ARTICLE II - STATEMENT OF WORK AND DELIVERABLES
Deliverables. The Work is specified in the attached Statement of Work. City shall deliver ail
products and deliverables as stated therein. City is responsible for the professional quality,
technical accuracy, and timely completion of the Work. Both workmanship and materials shall be
of good quality. City shall, if required, furnish satisfactow evidence az to the kind and quality of
materials provided. Unless otherwise specifically provided for herein, City shall provide and pay
for all materials, labor, and other facilities and equipment as are necessary for the performance of
the Work. The District's project manager shall make a f'mal acceptance inspection of the
deliverables when they are completed and finished in all respects ha accordance herewith. The
parties may at any time agree in the form of a written amendment to make changes within the
general scope of this Agreement to the Work to be provided hereunder. Neither party shall
unreasonably withhold consent to any such amendment.
Progress Reports. Whan requested, City shall submit quarterly progress reports to the District's
project manager in a form approved by the project manager. The progress report shall provide an
updated progress schedule with each payment request, taking into account all delays, changes hi
the nature of the Work, etc. In addition to hard copies, all written deliverables (reports, papers,
analyses, etc.) shall be submitted in machine readable form in formats consistent with the
District's standard software products. The District's standard office automation products include
the Microsoft® Office Suite (Word, Excel, Access, and PowerPtYmt). Other formats may be
accepted if mutually agreed upon by the District' s Project Manager and chief information officer.
Timely submittal of progress reports shall be a condition precedent to payment of invoices.
Page 2 of 12
Contract #SH472AA
ARTICLE HI - COMPENSATION
Amount of Funding. For satisfactory performance of the Work, the District agrees to pay City a
sum in the amount not to exceed 50% of the total project cost, or $42.790, whichever is less (the
"Total Compensation").
In-Kind Services. Through this Cooperative Agreement, City agrees to provide cost-share
funding in the amount of $35.790 through stormwater water utility fees and in-kind services in
the amount of $6.000 for this project, ha the event project costs exceed this 'amount, City shall be
responsible for providing any additional funding required to complete the project.
Invoicing Procedure. Ali invoices shall reference contract number SH472AA and Work Order #
or Phase #, if applicable, and shall be submitted to the St. Johns River Water Management
District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177.
City shall submit one itemized invoice at the completion of the project. The invoice shall be
based upon the actual Work performed and shall bill as per the Project Budget included in Exhibit
"A," attached hereto and by reference made a par~ hereof. This is a cost-re'mabursable contract. In
order to receive reirabuxsement, City shall submit documentation of its expenditures. Ail
documentation required for vexificarion of the final invoice shall be received and approved by the
District prior tu release of payment. If the invoice does not correspond to the Project Budget or
other requirements of this paragraph, it will be returned to City without action within twenty (20)
business days of receipt and shall state the basis for rejection of the invoice. Payments for
constructinn contracts shall be made within twenty-five (25) bus'mess days of receipt of an
invoice that conforms to this paragraph. Payments for all other contracts shall be made within
forty-five (45) days of receipt of an invoice that conforms to this paragraph. The invoice shall be
submitted in detail sufficient for a proper pre-audit and post-audit review and shall comply with
the document requirements described in Comptroller Memorandurm dated October 7, 1997,
attached hereto and made a part hereof as Exhibit "B" to this Agreement.
Payments Withheld. The District may withhold or, on account of subsequently discovered
evidence, nallify, in whole or in part, any payment to such an extent as may be necessary to
protect the District from loss as a result of: (1) defective Work not remedied; (2) failure of City to
make payments when due to subcontractors or suppliers for materials or labor, (3) the DisuSct's
determination that the Work caunot be completed for the remaining or unpaid funds; (4) failure to
maintain adequate progress in the Work; (5) damage to another contractor; or (6) any other
material breach of this Agreement. Amounts withheld shall not be considered due and shall not be
paid matil the ground(s) for withholding payment have been remedied.
Forfeiture of Final Payment. City shall submit the final invoice to the District not later than 90
days after the Completion Date. COUNTY'S FAILURE TO SUBIvnT TH~ FINAL INVOICE
TO THE DISTRICT W1THIlq THE ~ FRAME ESTABLISHED HEREIN SHALL BE A
FORFE~ OF ANY REMAINING AMOUNT DUE UNDER THE AGR~J~,NfENT.
Travel. In the event the cost schedule for the Work includes travel costs, travel expenses must be
submitted on District or State of Florida travel forms. The District shall pay City all travel
expenses pursuant to the District's Adminisuative Directive 2002-02. Travel expenses shall not
be considered additional compensation, but shall be drawn from the amount provided in the
proj eot budget.
Release. Upon the satisfactory completion of the Work, the District will provide a written
statement to C/ty accepting all deliverables. Acceptance of the final payment shall be considered
Page 3 of 12
Contract #SH472AA
as a release in full of all c!aim~ against the District, or any of its members, agents, and employees,
arising from or by reason of the Work done and materials furn/shed hereunder.
ARTICLE 1~~ - LIABILITY AND ENSURANCE
Each party to the Agreement is responsible for all personal injury and property dsmage
attributable to the negligent acts or omissions of that party and the officers, employees, mad
kgents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Stat.
(1999). Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any
party hereto.
Each party shall also acquire and maintain throughout the term of this Agreement such general
liability, automobile insurance, and workers' compensation insurance as requi~ed by their cun'ent
rules and regulations.
ARTICLE V - FUNDING CONTINGENCY
This Agreement is at all times contingent upon funding, which may include a single source or
multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the
District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3)
appropriations from other agencies or funding sources. Agreements that extend for a period of
more than one (1) year are subject to annual appropriation of funds, in the sole discretion and
judgment of the District's Governing Boasd, for each succeeding year. Should the Work provided
for hereunder not be approved, in whole or in part, £or funding by an external banding source, or
the Governing Board in succeeding years~ the District shall so notify Contractor, and this
Agreement shall be deemed terminated for convenience in accordance with ARTICLE VII., B. -
TERIVIINATION FOR CONVENIENCE five (5) days after receipt of such notice, or within such
additional time as the District may allow.
ARTICLE VI - PROJECT MANAGEMENT
Project Managers. The project managers shall be responsible for overall coordination, oversight,
and management of the Work. The parties agree to the following persons being designated as
project manager:
DISTRICT
Wayne Mozo, Project Manager
St. Johns RIver Water Management District
525 Community College Parkway, S.E.
Palm Bay, Florida 32909
321-984-4494
E-mail: wmozo @sjrwmd.enm
CITY
Kenneth Jones, Project Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
772~589-5490
E-mail: kj ones @ cityofsebastian.org
District Project Manager. The District's Project Manager shall have sole and complete
responsibility to transmit instructions, receive information, and communicate District policies and
decisions regarding all matters pertinent to performance of the Work. The District's project
manager shall have the authority to approve minor deviations in the Work that do not affect the
Total Compensation or the Completion Date. The District's Project Manager and, as appropriate,
other District employees, shall meet with City when necessary in the District's judgment to
provide decisions regarding performance of the Work, as well as to review and comment un/~.~.~.
reports.
Page 4 of 12
Contract #SH472AA
Change in Pro,iect Manager. Either party, to this Agreement may change its project manager by
providing not less than three (3) working days prior written notice of the change to the other
party. The District reserves the right to request City to replace its project manager if said manager
is unable to carry the Work forward in a competent manner or fails to fo[low instructions or the
specifications, or for other reasonable cause.
Supervision. City shall provide efficient supervision of the Work, using its best skill and
attention.
Notices. All notices to each party shall be in writing and shall be either hand-dehvered or sent via
U.S. certified mail to the respective party's project manager at the names and addresses specified
above. Ali notices shall be Considered delivered upon receipt. Should either party change its
address, written notice of the new address shall be sent to the other parties within five (5)
business days. Except as otherwise provided herein, notices may be sent via e-mall or fax, which
shall be deemed delivered on the date transmitted and received.
ARTICLE VII - TERMINATIONS
Termination for Default: This Agreement may be terminated in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this Agreement
through no £anlt of the terminating party, provided that no termination may be effected unless the
other party is given: (i) not less than ten (10) calendar days written notice delivered by cerdfied
mail, return receipt requested, and (2) an opportunity to consult with the other party prior to
termination and remedy the default.
Termination for Convenience: This Agreement may be terminated in whole or in part in writing
by the District, provided the City is given: (1) not less than thirty (30) calendar days written
notice by certified mail, return receipt requested, of intent to terra, ate, and (2) an oppommity for
consultation prior to termination.
If termination for City's default is effected by the District, any payment due to City at the time of
termination shall be adjusted to cover any additional costs to the District because of City's
default. In the event the Work is not completed as a result of City' s default, City shall refund to
the District ali funds that have been paid to City pursuant to this Agreement. If termination for the
District's default is effected by City, or if termination for convehionce is effected by the District,
an equitable adjustment shall provide for payment of all services, materials, and costs, including
priox commitment incurred by City, up to the termination date.
Upon receipt of a termination action under paragraphs "A" or "B" above, City shall:
Promptly discontinue all affected work (unless the notice directs otherwise), and
Deliver or otherwise make available al/data, drawings, specifications, repons, estimates,
summaries, and such other information and materials as may have been accumulated by
City in performing this Agreement, whether completed or in process.
Upon termination ander Paragraphs "A" or "ti" above, the District may take over the Work or
may award another party a contract to complete the WorL City shall provide the Dis~'ict with
any licenses to enter real property interests owned by City necessary for completion of the Work.
Page 5 of 12
Contract #SH472AA
If, after termination for failure of CiD, to fulfill contractual obligations, it is determined that City
had not failed to fulfill contractual obligations, the termination shall be deemed to have been for
the convenience of District. In such event, the adjustment of compensation shall be made as
provided in Pasagraph "C" of this section.
ARTICLE ~ - MISCELLANEOUS PROVISIONS
Assignment and Subcontracts. City shall not sublet, assign, or transfer any Work, in whole or in
part, or assign any moneys due er to become due hereuudex, which involve mom than fifteen
percent (15%) of the total cost of the Work, without the prier written consent of the District. As
soon as practicable after signing this Agreement, but in no event not less than ten (10) calendar
days prior to the effective date of an)' such subcontracts, City shall notify the District's project
manager in writing of the names of such subcontractors. City shall not employ any such
subcontractors until they are approved in writing by the District, which approval shall not be
unreasonably withheld. Upon receipt of such consent, when a written work product is involved,
City shall cause the names of the fa-re(s) responsible for such portions of the Work to appear
thereon. City shall provide the District with an executed copy of any such subcontracts within ten
(10) calendar days after the effective date of the subcontract. Neither District approval of a
subcontractor nor any other provision of this Agreement shall create a contractual relationship
between any subconlxacter and the District.
City shall be responsible for the fulfillment of all Work elements included in the subcontracts and
shall be responsible for the payment of all monies due under any subcontract. City shall be as
fully responsible to the District for the acts and omissions of its subcontractors, and of persons
either directly or indirectly employed by them, as it is for its own acts and omissions. City shall
hold the District harmless from any liability or damages arising under or from any subcontract to
the extent allowed by law. Nothing herein shall create any contractual relationship between any
subcontractor and the District.
Interest of CiB,. City certifies that no officer, agent, or employee of the District has any material
interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of City
to be conducted hereby, and that no such person shall have any such interest at any time during
the term of this Agreement.
Independent Contractor: City is an independent contractor. Neither City nor City's employees
are employees of the District. City shall have the right to control and direct the means and
methods by which the Work is accomplished. City may perform services for others, which solely
utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is
solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents,
and employees, and shall indemnify and hold the District harmless from any failure to comply
with such laws. City's duties with respect to itself, its officers, agents, and employees, shall
include, but not be limited to: (i) providing Workers' Compensation coverage for employees as
required by law; (2) hiring of any employees, assistants, or subcontractors necessary for
performance of the Work; (3) providing any and all employment benefits, including, but not
limimd to, annual leave, sick leave, paid holidays, health insurance, r~ttrement benefits, and
disability insurance; (4) payment of all federal, state and local taxes income or employment taxes,
and, if City is not a ccaporation, self-employment (Social Security) taxes; (5) compliance with the
Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance
with the requirements of said Act; (6) providing employee training for all functions necessary for
performsnce of the Work; (7) providing equipment and mateiials necessary to the performance of
the Work; and (8) providing office or other facilities for the performance of the Work. In
Page 6 of 12
J.
Contract #SH472AA
event the District provides training, equipment, materials, or facilities to meet specific District
needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties
hereunder or alter City's stares as an independent contractor.
Non Lobbying. Pursuant to Section 216.347, Fla. Stat., City hereby agrees that monies received
from the District pursuant to this Agreement will not be used for the purpose of lobbying the
Legislature or any other state agency.
Civil Rights. Pursuant to Chapter 760, Fla. Stat., City shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin,
age, handicap, or marital status.
Audit: Access to Records. City agrees that the District or its duly authorized representatives
shall, until the expiration of three (3) years after expandimre of funds hereunder, have access to
examine any of City's books, documents, papers, and other records involving transactions related
to this Agreement. City shall preserve all such records for a period of not less than three (3) years.
Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of
audit examination not to constitute allowable costs. City shall refund any such reduction of
payments. All required records shall be maintained until an audit has been completed and ali
questions arising from it are resolved. City will provide proper facilities for access to and
inspection of all required records.
Release of Information. Records of City that are made or received in the course of performance
of the Work may be public records that are subject to the requirements of Chapter 119, Fla. Stat.
In the event City receives a request for any such records, City shall notify the District's project
manager within three (3) workdays of receipt of such request and prior to the release of any
information. Nor shall City publish or release any information related to performance of this
Agreement, or prepare, publish, or release any news or press release in any way related to this
Agreement, without prior District review and the District' s written consent. Each party reserves
the right to cancel this Agreement for refusal by the other party to allow public access to all
documents, papers, letters, or other material related hereto and subject to the provisions of
Chapter 119, Fla. Stat., as amended.
Royalties and Patents. Unless expressly provided otherwise herein, City shall pay all royalties
and patent and license fees necessary for performance of the Work and shah defend all suits or
claims for infringement of any patent rights and save and hold the District harmless from loss on
account thereof, provided, however, that the District shall be responsible for all such loss when
the utilization of a particular process or the product of a particular manufacturer is specified by
the District. If City at any time has information that the process or article so specified is an
infringement of a patent, it shall be responsible for such loss unless it promptly provides such
infomaation to the District. City hereby certifies to the District that the Work to be performed
pursuant to this Agreement does not and will not infringe on any patent rights.
Governing Law. This Agreement shall be construed and interpreted according to the laws of the
state of Florida.
Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for
such proceedings, ff in state court, shall be in Orange County, Florida, and if in federal court,
shall be in the Middle District of Florida, Orlando Division.
Page 7 of 12
Contract #SH472AA
Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to
this Agreement, including appeals, each party shall bear its own attomey's fees.
Conflicting Provisions. If any provision hereof is found to be in conflict with the General
Conditions, Special Conditions, or any attachments hereto, the terms in the body of this
Agreement shall prevail.
Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to
this Agreement, City hereby consents to trial by the court and waives its right to seek a jury trial
in such proceedings, provided, however, that the parties may mutually agree to ajuu trial.
Construction of Agreement. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel
for one of the parties, it being recognized that both parties, have contributed substantially and
materially to the preparation hereof.
Entire Agreement. This Agreement, upon execution by City and the District, constitutes the
entire agreement of the parties. The parties are not bound by any stipulations, representations,
agreements, or promises, oral or otherwise, not printed or inserted herein. City agrees that no
representations have been made by the District to induce City to enter into this Agreement other
than as expressly stated herein. This Agreement cannot be changed orally or by any means other
than written amendments referencing this Agreement and signed by all parties.
Separate Counterparts. This Agreement may be executed in separate counterparts, which shall
not affect its validity.
IN WITNESS Wlqle. REOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below/m its name by its executive director, and City
has caused this Agreement to be executed on the day and year written below in its name by its duly
authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached.
ST. JOHNS RIVER WATER CITY OF SEBASTIAN
M.A_NAGEIvlENT DISTRICT
By:
Date:
Kirby B. Green III, Executive Director
By:
Typed Name ~md Title
Date:
Attest:
Typed Name and Title
APPROVED BY THE OI~FiCE
OF GENER_t~L COUNSEL
Stanley 3-. Niego, Sr. A~ssistant General Counsel
Documents attached:
Exhibit A - Statement of Work
Exhibit B - Comptrollers Memorandum
Page 8 of 12
Contract #SH472AA
EXIHBIT "A" - STATEMENT OF WORK
City of Sebasfiaa's Indian River Drive Nutrient Separating Baffle Box
I. INTRODUCTION/BACKGROUND:
This retrofit project proposes the installation of a nutrient separating baffle box and associated stormwater
conveyance structures and pip~mg to capture stormwater from an area of approximately 96 acres of light
commercial and residential land use bounded by US Highway #1 to the west, Indian River Drive to the
east, Jackson Street to the north and Oyster Bay Resort to the south. This project eliminates a direct
discharge of untreated stormwater ~to the [RL. A regular maintenance program will be initiated to
remove all organic debris, floatables and sediments from the baffle box ensuring continued water quality
treatment,
The goals of this project coaform to the goals of the IRL Comprehensive Conservation and Management
Plan (CCMP) and the Surface Water Improvement and Management Plan (SWIM) to upgrade existing
stormwater systems and increase stormwater storage and treatment. The public education component of
the project also conforms to the goals of the CCMP and SWIM plans to inform the public of the value of
the IRL and threats to continued viability of the resource.
This project is sited within the City owned right of way.
II. OB,]rECTIVES:
In October 2002, the City of Sebastian formed a stormwater utility to provide a funding source to address
the concern of pollutant loadings to the' IRL. The stormwater utility's primary goal is to provide water
quality treatment by decreasing the sediment and nutrient loadings from point and non-point sources to
the IRL. This retrofit project conforms to the goal of the stormwater utility with the installation of a
nutrient separating baffle box and associated stormwater conveyance smactures and piping to capture
sediment, htter, foliage and hydrocarbons from an area of approximately 96 acres of light commercial and
residential land use located between US Highway #1 and the IRIL. It is projected that the installation of
the baffle box will remove up to 90% of the total suspended solids from the stormwater flow.
IH. SCOPE OF WORK:
This project will permit, purchase, and install a nutrient separating baffle box including an elevated screen
system to capture organic debris and floatables, a lower collection chamber to trap and retain sediments
and non -floatables and a floating boom to collect hydrocarbons. Three HDPE influent pipes and one 29"
x 45" discharge pipe will also be installed.
The public education component of the project includes coverage of the project in the City of Sebastian's
quarterly newsletter to residents and press releases in the local newspaper. Educational signage will be
provided on site
IV. TASK IDENTIFICATION:
Contract #SH472AA
Task 2: Ali work required to comply with all Federal, State and Local government regulatory
requirements and obtain all necessary permits.
Task 3: All work required to prepare, send, receive, evaluate and award construction bid.
Task 4: All work required to install the nutrient separating baffle box and associated piping, backfill and,
grade construction site, clean and restore consU'uction site
Task 5: All work requited tO provide public information and education and work site sig~age.
V. DELIVERABLES and TIIV[E FRAMES:
All Dehverables are to be sent to the Dislfict office located at:
525 Community College Parkway SE
Palm Bay, Florida 32909
Deliverables should be addressed to the attention of Wayne Mozo.
Task 1: Design.
Task 1 Deliverable due in District offices by August 31, 2004.
Deliverable: Completed set of design documents signed and serded by a Registered Professional
Engineer.
Task 2: Obtain all necessary project permits.
Task 2 Deliverable due in Dis~ct offices by November 19, 2004.
Deliverable: Copies of all necessary project permits.
Task 3: Award construction bid.
Task 3 Deh'~erable due in Dislrict offices by December 31, 2004.
Deliverable: Copy of construction contract.
Task 4: Installation of nutrient separating baffle box, associated piping and cleaning of construction site.
Task 4 Deliverable due in District offices by April 30, 2005.
Deliverable: Photographs of baffle box installation and educational signage; as built survey; and
Final Acceptance Letter.
Task 5: Public information and education.
Task 5 Deliverable due in District offices by April 30, 2005.
Deliverable: Project applicable copies of the City's quarterly newsletter and other applicable
press releases.
Page 10 of 12
BUDGET/COST S CFIEDULE:
Contract #SH472AA
~Acense Plate [ [Sebastian Sebastian Expected
Task Description ~unding I Cost Cost Share Completion
I }~unounl I IShare 1 [Source Date
Permit, purchase
Separating Baffle [ [[Jtil/ty fees
Box and associatedI ~ I / I I($36'790)/In
mfluent and / [ t / I Ikind services April 30, 2005
/
totals / I $42,7901 ~ $42,790I /
All budgeted items are included in Tasks 1 through 5.
Page 11 of 12
Contract #SH472AA
Comptroller Contract Payment Requirements
Department of Banlfing and Financ~ Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.) Supporting documentation mast be provided for each amount for
· winch reimbursement is being claimed iudicating that the item has been paid. Check numbers may be
provided in lieu of copies of actual cheeks. Each piece of documentation should clearly reflect the dates of
service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(i) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefit~:
Fringe Benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g., insurance premiums paid). If the contract specifically states
that fringe benefits will be based on a specified percentage rather than the actual cost
of fiinge benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to pray/de check numbers or
copies of checks for fringe benefits.
(3) Travel:
Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs:
Reimbursement wilt be made based on paid invdices/roceipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
u'ausfer of the property to the State when services are terminated. Documentation
must be provided to show compliance with Department of Management Services Rule
60A-i.017, Flor/da Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible
personal property as defined in Section 273.02, Florida Statutes, for subsequent
transf~ to the State.
(5) In-house charges:
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate b~mg charged. The
rates must be reasonable.
(6) Indirect costs:
If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Co,',,~mnity College
system, the agency receiving the contract or grant moneys shall charge no more than 5
percent of the total cost of the contract or grant for overhead or indirect cost or any
other cost not required for the payment of direct costs
Page 12 of 12 ~
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Contract Award and Funding Agenda No. ~4. 0~
Appropriation for L/ouisiana Avenue Department Origin: City Manager and
/'N ----Improvements/ Eneineerin~
General Se~ices: ~
~roved~u~y: Ci~ Manager Finance Director: .~'~--~ __~
~~ Ci~Clerk: ~4~
Date Submitted: August 17, 2004
For Agenda off August 25, 2004
E~bim: Bid Tab~afion, A~eement Docmenmfion ~ ~ ~,,,p~t P~
E~E~IT~ ~O~ B~GE~D: ~PROP~TION ~PROP~ATION
~Q~D: ~Q~D: F~G SO~:
$905,686 $8~,026 $71,660 Loc~ Option Gas T~
Proc~ds
SUMMARY
On March 12, 2003, City Council authorized execution of a Community Development Block
Grant (CDBG) award agreement between the State of Florida Department of Community
Affairs and the City of Sebastian to help finance improvements to Louisiana Avenue. CDBG
Grant Funds have been made available to the City in the amount of $700,000 for respective
improvements. The City provided an initial $350,000 matching contribution via various Fiscal
Year 2002/2003 Approved Budget funding sources. This project, including applicable land
acquisition, easement dedication, engineering and project administration expenses were
therefore initiated accordingly.
In accordance with City of Sebastian Procurement Procedures and grant agreement
conditions, General Services solicited sealed bids with Iow bidder Jobear/Warden Construction
of Palm Bay submitting the lowest cost of $905,686. Total costs associated with the
aforementioned preliminary tasks totaled $215,974. As such, proceeds from the current year
Local Option Gas Tax allocation totaling $71,660 will fully enable the City of Sebastian to
commission Jobear/Warden to assist our efforts in implementing this highly anticipated
project. Two (2) other bids were received as shown on the attached exhibit "bid tabulation".
Jobear/Warden Construction has performed well for the City on prior occasions, the most
recent being the Sebastian Municipal Airport Access Roads Project We therefore recommend
them for this project. ~
RECOMMENDED ACTION
Move to authorize award of contract to low bidder Jobear/Warden Construction, in the
amount of $905,686, for Louisiana Avenue Improvements, and authorize an additional
appropriation of $71,660 from local option gas tax proceeds to complete the project funding.
0i ® /
LOUISIANA AVENUE RENOVATION PROJECT
CONSTRUCTION SERVICES AGREEMENT
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
2.0 AGREEMENT DOCUMENTS.
2.1
2.2
2.3
2.4
2.5
2.6
INTENT
ENTIRE AND SOLE AGREEMENT
AMENDMENTS
CONSTRULNG TERMS
GOVEKNING LAW AND WAIVER OF TRIAL BY IURY
TERM
3.0 DEFINITION OF TERMS
3.1 GENERAL
3.2 ACT OF GOD
3.3 ADDENDUM
3.4 AGREEMENT
3.5 A.S.T.M. DESIGNATION
3.6 BID
3,7 BID BOND or PROPOSAL GUARANTEE:
3.8 BIDDER
3.9 CHANGE ORDER
3.10 CONT1LACT ADDENDUTvi
3.11 CONTKACTOR
3.12 DIRECTED, ORDERED, APPROVED & ETC.
3.13 ENGI24EER
3.14 GENERAL CONDITIONS
3.15 INSPECTOR
3.16 LABORATORY
3.17 OWNER
3.18 PERFORMANCE AND PAYMENT BONDS:
3.19 PLANS
3.20 PROPOSAL
3.21 SPECIAJ~ CONDITIONS
3.22 SPECIFICATIONS
3.23 SUBCONTR&CTOR
3.24 SUPPLEMENTAL AGREEMENT
3.25 SURETY
3.26 WORK
3.27 WORK ORDER
ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIY'ICATIONS
4.2 CONFLICT
z;.3 DISCREPANCIES IN PLANS
4.4 DRAWINGS AND SPECI~'ICATIONS AT JOB SITE
4.5 DIMENSIONS
4.6 SAMPLING AND TESTING
4.7 SHOP DRAWINGS
4.8 QUALITY OF EQUIPMENT AND MATE~S
4.9 EQUIPMENT AND/OR MATERIAL APPROVAL DATA
4.10 SUBSTITUTION OF EQUI]PMENT AND/OR MATERIAL
5.0 MATERIALS AND WORKMANSItlP
5.1 MATERIALS FUP~NISHED BY THE CONTRACTOR
5.2 STORAGE OF MATERIALS
5,3 REJECTED WORK AND MATERIAL
5.4 MANUFACTURER'S DIRECTION
5.5 SKILL AND CHARACTER OF WORtCMEN
5.6 CUTTING AND PATCHING
5.7 CLEANING UP
5.8 C1TY''S OWNERSHIP OF MATERIALS
5.9 GUARANTEE
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
7.0
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
PERSONNEL, EQUIPMENT AND RECORD REQUIKEMENTS
CONTROL POINTS FURNISHED BY THE CITY
FLrRNISHING OF STAKE MATERIALS
LAYOUT OF WORK
SPECI~'IC STAJCING REQUIREMENTS
PAYME-2qT
COORDINATION WITH CITY
LOCATION OF EXISTING UTILITIES AND PIPING
PROGRESS AND COMPLETION OF WORK
7. I CONTRACTOR' S OBLIGATIONS
7.2 START OF CONSTRUCTION
7.3 CONTRACT TIME
7.4 SCHEDULE OF COMPLETION
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
7.6 PROPERTY O~F OTHERS
A. Public Ownership
B. Private Ownership
8.0
9.0
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
7.8 CROSSING PUBLIC FACILITIES
7.9 CHANGES IN THE WORK
7.10 EXTENSION OF CONTRACT TIME
7.11 COR1LECTION OF WORK
7.12 LIQUIDATED DAMAGES
PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
A. Safety Precautions and Programs
B. Safety of Persons and Property
8.2 TRAFFIC CONTROL
8.3 ROAD CLOSURE AND DETOURS
8.4 PROVISION OF ACCESS
8.5 WARNING SIGNS AND BARRICADES
8.6 OPEN TRENCHES
8.7 PLACEMENT OF HEAVY EQU~MENT
8.8 TEMPORARY FACILITIES AND CONTROLS
8.9 SANITARY PROVISION
8.10 WATER SUPPLY
8.11 NOISE CONTROL
8.12 DUST CONTROL
8.13 WATER CONTROL
8.14 POLLUTION, SILTATION AND EROSION CONTROL
Article III - Supervision and Administration
ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S tLESPONSIBILITY AND AUTHORITY
9.2 ENG!NE~ER'S DECISION
9.3 SUSPENSION OF WORI(
9.4 CONSTRUCTION REVIEW OF WORK
9.5 FIELD TESTS AND PRELIMINARY OPERATION
9.6 EXAMINATION OF COMPLETED WORK
9.7 CONTRACTOR'S SUPERINTENDENT
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
9.9 CITY'S RIGHT TO TERMINATE CONT1LACT AND COMPLETE WORK
9.I 0 RIGHTS OF VARIOUS INTEREST
9.11 SEPARATE CONTRACTS
9.12 SUBCONTRACTS AND PURCHASE ORDERS
9.13 WORK DURING AN EMERGENCY
9.14 ORAL AGREEMENTS
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
9.16 UNAUTHORIZED WORK
9.17 USE OF COMPLETED PORTIONS OF THE WORK
9.18 CONT1LACTOR'S RESPONSIBILITY FOR WORK
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
10.2 REQUEST FOR PAYMENT
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT
10.5 PAYMENT FOR UNCORRECTED WORK
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
10.7 CHANGES IN THE WORK
A. Change Orders
B. Claims
10.8 CANCELED ITEMS OF WORK
10.9 PAYMENT FOR WORK SUSPENDED BY TIlE CITY
i 0,10 PAYMENT FOR WORK BY TI-LB CITY
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION
A. Tennh~afion by City for Cause
B. TemUnation by City Without Cause
10.12 TERMLNATION OF CONTRACTOR'S RESPONSIBILITY
10.13 RELEASE OF CLAIMS (INTERIMfFINAL)
10.14 ACCEPTANCE ANrD FINAL PAYMENT
!0.15 SATISFACTION OF WAKRANTY WORK AFTER FINAL PAYMENT
11.0 PUBLIC CONTRACT REQUIREMENTS
l 1.1 COVENANT AGAINST CONTINGENT FEES
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
1 t.3 CERTIYlCATION OF RESTRICTIONS ON LOBBYING
11.4 INTEREST OF CONTRACTOR
11.5 PUBLIC ENTITY CRIb/lES
11.6 DKUG-FREE WORKPLACE
11.7 COMPLL~NCE WITH LAWS
11.8 INSURANCE
t 1.9 BOND
11.10 PERMITS
11.11 LAWS TO BE OBSERVED
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
12.2 WRITTEN NOTICE
12.3 TAXES
12.4 TIME IS OF VITAL IMPORTANCE
12.5 NO WAIVER OF LEGAL RIGHTS
12.6 RIGHT TO WORK PRODUCT
LOUISIANA AVENUE RENOVATION PROJECT
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this __ day of August, 2004, by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian,
Florida, 32958, ("City") and , a Florida corporation
authorized to do business in the State of Florida, whose address is
("Contractor.")
WHEREAS, the City desires to engage a Florida licensed contractor who has special and
m~ique competence mad experience in providing construction services necessary to complete the
Projeet hereunder; and,
WItEREAS, the Contractor represents that it has such competence and experience in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform construction services for the City in accordance with this Agreement for the
LOUISIANA AVENUE RENOVATION PROJECT. This Agreement is not an exclusive
agreement and the City may employ other contractors, professional or technical personnel to
furnish services for the City as the City in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between
the City mad Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to
become due under this Contract. ~
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCLrM~NTS) consist of this general
agreement document, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for
Bidders, Bid Proposal, Bond Forms, Plans, Special Terms and Conditions, Technical/Govermng
Specifications (hereinafter called the "Specifications"), the Grant Agreement, Work Orders,
A
Change Orders, Addenda, if any, any other documents listed in the Agreement Documents, and
written modifications issued after execution of this agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish mimmum standards of quality for this
Project. They do not purport to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, equipment, and transportation necessary for the
proper execution of the Work, to require new material and equipment unless otherwise indicated,
and to require complete perforn~ance of the Work in spite of omission of specific reference to any
' minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable from them as being
necessary to produce the intended results.
2.2 ENTIP,.E AND SOLE AGP,_EEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede ail other agreements, representations, warranties, statements,
prornises, mad understandings not specifically set forth in the Agreement Documents. Neither
partyhas in rely way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set forth in
the Agu'eemem Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any t/me by written agreement. Neither the Agreement
Documents nor any term thereof may' be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against which enforcement of the change,
waiver, discharge or termination is sought.
2.4 CONSTRLrLNG TERMS
This Agreement shall not be construed against the party who drMted the same, as both parties
have obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any
action pursuant to the Agreement Documents shall be in Indian River County, Florida. The
parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve
any dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the
terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appem' h~ these Agreement Documents, their intent and meaning
shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God.
3.3 .~DDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to
prospective bidders prior to the opening of bids. Alt Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEIvlENT
A written agreement between the Contractor and Owner defining in detail the work to be
performed. The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as. referring
to the Amer/can Society for Testing Materials. When reference is made to a certain Designated
Number of a specification or test as set out or given by the American Society for Testing
Materials, it shall be understood to mean the current, up-to-date standard specification or
tentative specification for that particular process, material or test as currently published by that
group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed
guaranteed. The bid or proposal shall be considered as pan of the Contract Documents.
C
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in
the form ora Cashier's Check, Unconddtional Irrevocable Letter of Credit drawn in favor of the
City of Sebastian on a National Bank, or a bond f~om a surety company duly licensed in the State
of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City and covering changes in the plans,
specificatiolls, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, or adjustments hi the Contract Pr/ce or Contract Time.
3.10 CONTP,_ACT ADDENDUM
A special written provision modifying or clarifying the terms and cond/tions of the Contract. The
Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and Iris, their or its
heirs, executors, administrators, successors and assigns, or die lawful agent of any such
individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract
bond, constituting one of the principals to the Contract and undertal<ing to perform the work
herein.
3.12 DIiRECTBD, ORDERED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted",
"acceptable", or words of similar import are used, it shall be understood that the direction, order,
approval or acceptance of the Owner is intended unless otherw/se stared.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the
City as En~neer. The City may designate a staffmemb~r as En~neer who is not licensed.
D
3.14 GENEP,_A_L CONDITIONS
The directions, provisions and requirements contah~ed within the A=m-eem~nt Documents, all
describing the general manner of performing the Work including detailed technical requh-ements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the Ci~ assigned to make official inspections o£the materials
furn/shed and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified laboratory designated by or acceptable to the O'~vner to perform
necessary testing of materials.
3.] 7 OWNER
City of Sebastian
3.18 PERFO1LMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract
Amount.
3.19 PLANS
The official, approved plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the Contractor
shall be considered as part o£the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the conlract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project. (/~
E
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be
made, setting forth or relating to the method and mariner of performing the Work, or to the
quantifies and qualifies of materials, labor and equipment to be furnished under the Agreement.
.23 SUBCONTRACTOR
/u~ individuaI, partnership or corporation supplying labor, equipment or materials under a direct
contract with the contractor for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications
for the particular project.
3.24 SUPPLEMENTAL AGR_EEMENT
A written maderstanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement hereIn with the written consent of the
Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the
acceptable performance of the contracted work and for the payment of all debts pertaining
thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications commonly referred to as
the Louisiana AYenue Renovation Project, mhd all actions necessary to construct the same.
3.27 WORK ORDER
Work orders are work instructions including specification and plans that show the location,
character, dimensions and details to the work to be done. Work orders are specific instructions,
of limited scope, that will be a part of this contract. Work orders shall be considered as part of
the contract documents.
ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the
Contractor furnishes all labor and materials, equipment, supervision and transportation necessary
for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do
all the work shovaa on the Plans and described in the Specifications and other Contract
Documents and ali incidental work considered necessary to substamially complete the Work
ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
kn the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over ali
except the Special Conditions, Specifications or a subsequently executed Contract Addendun~; in
the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the
Specifications shall prevail and govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any errors
or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and
City. The Engineer shall promptly determine the validity and seriousness of the claimed
condition and correct any such error or omission in writing, or otherwise direct Contractor. Any
work done by the Contractor after his discovery of such discrepancies, errors or omissions shall
be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the Engineer
;vhen such correction is necessary for the proper fulfillment of their intention ~ construed by
him. Where said correction of errors or omissions, except as provided in the next two (2)
paragraphs below, adds to the muaount of work to be done by the Contractor, compensation for
said additional work shall be made under the Paragraph 10.7 CHANGESIN THE WORK below,
except where the additional work may be classed under some item of work for which a unit pfice
is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually
and customarily required to complete fully such work as is specified herein, wili not entitle the
Contractor to consideration in the matter of any clann for extra compensation, but the said work
must be installed or done the same as if called for by both the Plans and Specifications.
All work indicated on the Plans and not mentioned in the Specifications or vice versa, and ali
work and material usual and necessary to make the Work complete in all its parts, whether or not
they are indicated on the Plans or mentioned in the Specifications, shall be furnished and
executed the same as if they were called for by both the Plans and Specifications.
The Contractor will not be allowed to take advantage of any errors or on'fissions in the Plans and
Specifications. The Engineer will provide full information when errors or omissions are
discovered.
4.4 DtLKWINGS AND SPECIFICATIONS AT JOB SFFE
One (I) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop
Drawings mhd smnples shall be maintained at thejob site, in good order and annotated to show all
changes made during the construction process, and shall be available to the Engineer and City at
all times. A final copy thereof, along with "as-built" record drawings, operations and
maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of
the Work.
4.5 DIMENSIONS
Dimensions shown on fine Plans will be used. Where the work of the Contractor is affected by
finished dimensions, these stroll be verified by the Contractor at site, and he shall assume the
responsibility for their use.
4.6 S~LING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods
and testing equipment, required under the Specifications shall be in accordance with the latest
standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the City, except where
indicated otherwise. The Contractor shall furnish any required samples without charge. The City
shall be given sufficient notification of the placing of materials to permit testing.
As an exception to the above, when the Contractor represents a n~aterial or an item of work as
meeting Specifications and trader recogmzed test procedures it fails, any re-testing shall be at the
Contractor's expense, billed at the Testing Laboratory% standard rate for individual tests.
4.7 SHOP DtLAWINGS
The Contractor shall provide shop drawings, setting schedules and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the Plans
and Specifications or Engxneer's instructions. Deviations from the Plans and Specifications shall
be called to the attention of the City at the time of the first submission of shop drawings and
other drawings. The City's approval of any shop drawings shall not release the Contractor from
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responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings
shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay of work or to
comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of may shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes required and
noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by
name and catalog number. This procedure is not to be construed as eliminating fi:om competition
other products of equal or better quality by other manufacturers where fully suitable in dost=ma.
The Contractor shall famish to the City a complete list of his proposed desired substitutions prior
to the signing of the Contract, together with such engineering and catalog data as the City may
require. FreSher substitutions may be submitted during the course of work in accordance with
Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below.
The Contractor shall abide by the City's judgment whc~n proposed subst/tution of materials or
items or eqhipment are judged to be unacceptable and shaiI furnish the specified material or item
of equipment in such case. All proposals for substitutions shall be submitted to the City in
writing by the Contractor and not by individual trades or material supphers. The City will advise
of approval or disapproval of proposed substitutions in writing within a reasonable time. No
substitute materials shall be used unless approved by City in writing.
4.9 EQUIPMENT AND/OR MATERIAL APPROVAL DATA
The Contractor shall furnish one (i) copy of complete catalog data for every manufactured item
of equipment and all components to be used in the Work, including specific performance data,
material description, rating, capacity, material gauge or th/clcness, brand name, catalog number
and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and
written approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification section
and para~'aph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract
Documents. The acceptance by the City shall not relieve the Contractor from responsibility for
deviations from Plans or Specifications, unless he has called the City's attention, in writing, to
such deviations at the time of submission, nor shall it relieve h/m from responsibihty for errors of
any sort in the items submitted. The Contractor shall check the work described by the catalog
data with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements, including
those for connections, mad shall order such sizes and shapes of equipment that the field
installation shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved,
it shall be the responsibility of the Contractor to install the equipment to operate properly, and in
harmony with the intent of the Plans and Specifications, and to make all changes in the Work
required by the different arrangement of connections at bis own expense~
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for
that specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determ/ned by the
City to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the City,
as proposed by the Contractor, m-e submitted with the request for substitution. If the substitution
is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and
its delivery and ¢~se, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of the
entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City
must also be in writing. To receive consideration, requests for substitutions must be accompanied
by documentary proof of the actual difference in cost to the Contractor in the form of quotations
Q o the contractor covering the orig/nal equipment and/or material, and also equipment and/or
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material proposed for substitution or o*.her proof satisfactory to the City. It is the intention that
the City shall receive the full benefit of the saving in cost involved in any substitution unless the
item is substituted for one designated in the Specifications by specific manufacturer's name and
type, in which case one-third of the savings shall accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract
shall rest on the Contractor and the proof will be submitted to the City. Request for substitution
of equipmen~ and/or material which the Contractor cannot prove to the satisfaction of the City, at
its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that
nanued in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY TIlE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and additional features of the item are specifically required by the specifications, the
additional features specified shall be provided whether or not they are normally included in the
standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and the specified item becomes obsolete and is no longer available, the Contractor shall
provide a substitute item of equal quality and performance which is acceptable to the Engineer
and City and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered necessary, they shall be placed on wooden platforms or other
hard clean surfaces, and not on the groined, and/or they shall be placed under cover. Stored
materials and equipment shall be located so as to facilitate prompt inspection. Private property
zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage
purposes.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
condemned by the Engineer or City by ~ving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken otn and replaced.
K
Ali materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal to samples approved by the Engineer and City, or are in any way
unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. A~V
defective work whether the result of poor workmanship, use of defective materials, damaged
through carelessness or from other cause shall be removed within ten (10) days after writte~
notice is ~ven by the City, and the work shall be re-executed by the Contractor. The fact that the
Engineer or the City may have previously overlooked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the
materials and equipment. Satisfaction of wan'anty work after final payment shall be fl~
accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKMEN
All worlcmen must have sufficient lmowledge, skill and experience to perform properly the work
assigned to them. Any foreman or workman employed by the ConU'actor or subcontractors who,
in the opinion of the Engineer or the City does not perform his work/n a skillful manner, or
appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written
request of the City, be discharged immediately and shall not be employed again in any portion of
the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to
properly receive the work of the various trades or as required by the Plans and Specifications to
complete the Work. He shall restore all such cut or patched work as directed by the Engineer or
the City. Cutting of existing structures that could endanger the Work, adjacent properly,
workmen or the public shall not be done unless approved by the Engineer and under his
surveillance.
5.7 CLEANING UP
The Conlractor shall at all tknes keep the premises 5tee from accumulation of waste materials or
rubbish caused by his employees or work. At the completion of the Work, he shall remove all his
rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that ali debris and other unsightly
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objects are removed and disposed of in a satisfactory manner. At no additional expense to the
City, the Contractor will restore to their original conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will
be withheld until such clean up und repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four (24) hours written notice to the
Contractor to con'ect the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain
the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of riglat of the City to require the fulfillment of ali the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all equipment furnished and work performed by him for a period of
one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15.
All equipment and material warranties or guarantees shall be drawn in favor of the City and the
originals thereof furrfished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or reheve the Contractor of liability from subsequent claims
of beach of contract due to substandard materials or workmanship, nor shall such warranty period
shorten the statute of limitations for bringsng a breach of contract or other action based upon any
such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD tLEQIj]P~MENTS
Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking o~
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Contractor's field notes or layout work by the City and the acceptance of all or any part thereof,
shall not relieve the Contractor of his responsibility to achieve the lines, grades and dimensions
shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the
surface of the completed Work ail control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for
all survey control of his work dm-lng construction. The Contractor shall preserve all reference
points and benchmarks fmmished by the City.
6.3 FURNISHING OF STAICE MATE1LIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing
and maintaining the lines and grades necessary for control and constructinn of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the Work in
conformance with the Plans and specifications. The Work shall include perform/ng ail
calculations required and setting all stakes needed such as grade stakes, offset stakes, reference
point stakes, slope stakes, and other reference marks or points necessary to provide lines and
grades for construction of all roadway, bridge and miscellaneous items.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the
Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project
is constructed to meet the lines and grades shown on the Plans.
For bridge construction stakes and other control, references shall be set at sufficiently frequent
intervals to assure that all components of a structure are constructed in accordance with the lines
and grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract unit
price for the Construction Layout and Record Drawings.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish alignment
throughout construction. All surveying activities will be coordinated with the Citfs surveyor as
needed for proper completion of ail work on the site.
Primary con'a'ol monuments, ori~nally set by the City, that are disturbed or destroyed during
construction shall be accurately replaced by the Contractor% surveyor to the satisfaction of the
City's surveyor.
6.8 LOCATION; OF EXISTEqG UTILITIES AND P2ING
Ail existing under~'ound utilities, such as telephone, cable television and electrical cables must
be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at
least 48 hours prior to commencing any work within the project area. There may be other
utihties within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included
in the bid price. The Contractor shall be responsible for the repair and/or replacement of utilities
which he damages during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing
work. The Contractor shall notice the City of'the conflict and seek direction fi-om the City prior
to proceeding with work. Directions fi-om the City may be to proceed despite conflict, place
work order on hold and conmuence work at a different location, or relocate utilities under
separate contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, maless the Contract Documents give other specific instructions concern/rig these
matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay' for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other
persons can-ying out the Work. Contractor shall not pem~it employment of unfit persons or
persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all
requ/red federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the
Work under a contract with Contractor.
Contractor shall indemnify, defend and hold City harmless from all claims arising out of or
related to its performance of the Work except for acts arising solely from the active negligence of
the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently
issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall
the Contractor commence work until the City has been fun'fished and acknowledges receipt of the
Contractor's Certificates of Insurance and a properly executed performance and payment.bond as
required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, ali of the Work in the time stated in the
Contract Agreement and any Addenda or Change Orders thereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
uureasonably withheld, and shall reflect a logical sequence of the various components of work
mud the anticipated rates of production necessary to complete the Work on or before the
completion date. Said schedules shall be submitted within ten (10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted to
the City on the twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PP,.ECONSTRUCTION CONFERENCE
The Contractor shall coordinate his work w/th other contractors, the City and utilities to assure
orderly and expeditious progress of work.
The City shall hold a pre-construction con.terence a Sebastian City Hall at a time and date
mutually agreed upon with the Contractor after the Contract has been awarded and fully
executed.
7.6 PROPERTY OF OTHERS
A. Public Ownershi¢
The Contractor shall be responsible for the preservation of all public property, trees, monuments,
etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or
damage all monuments m~d property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them until so directed by the En~neer in writing.
The City shall remove and relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinlder systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property' owners. The City will not
remove, relocate, or re-install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relocated by the start of
construction, the Contractor shall remove the objects, in a manner which does not damage or
injure the objects at no extra cost to the City, which interfere with the construction of the Project
and place them on the property owner's front lawn just outside the project limits. Otherwise, the
Contractor shall not enter upon private property for any purpose without obtaining permission
from the property Owner thereof. Where extensive intrusions upon private property are required
for construction, the City and Contractor shall cooperate to obtain Temporary Constrnction
Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITrRS AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be
affected by the Work but are not required to be disturbed or relocated by the very nature of the
project, shall be protected and maintained by the Contractor and shall not be disturbed or
dan~aged by him during the progress of the Work; provided that, should the Contractor disturb,
disconnect or damage any utility or any structure, ali expenses of whatever nature arising from
such distm'bance or the replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities m~der the
jurisdiction of state, county, city, or other public agency or private entity, the City through the
Engineer shal] secure written permission prior to the commencement of construction of~
crossing. The Contractor will be required to furnish evidence of compliance w/th conchtions of
the permit fi'om the proper authority before final acceptance of the Work by City. Road closures
are governed by Paragraph 8.3 below.
7.9 CHANGES IN THE WORK
The City may' order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials
shall require the written approval of the City. Compensation and time of completion affected by
the change shall be adjusted at the time of ordering such change. New and tmforeseen items of
work found to be necessary and which cannot be covered by any item or combination of items for
which there is a contract price shall be classed as changes in the Work. The Conlractor shall do
such changes in the Work and furnish such materials, labor and equipment as may be required for
the proper completion of construction of the work contemplated. In the absence of such written
order, no claim for changes in the Work shall be considered. Changes in the Work shall be
performed in accordance with the Specifications where applicable and work not covered by the
specifications or special provisions shall be done in accordance with specifications issued for this
purpose. Changes in the Work required in an emergency to protect hfe and property shall be
perfo~Tned by the Contractor as required.
7.1 0 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless ~ven in writing by the City. No monetary
compensation shall be given for such delay.
A delay beyond the Contractor's con'a-ol occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Work as determined by the City
provided, however, the Contractor shall immediately give written notice to the City of tl~e cause
of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's
Project Manager when said Project Manager determ/nes that weather conditions make it
comaterproductive to work on said days. "Rain day" requests must be submitted at the end of
each work week or be waived, and the cumulative '"rain day" extensions granted shall be
processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of true to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements
of the Contract Docnments, whether observed before or after completion of the Work and
whether or not fabricated, installed or completed, mad shall correct any Work fonnd to be not in
accordance with the requirements of the Contract Documents within a period of one (1) yes~'
from the date of completion of the Work or by the terms of an applicable special wmTanty
required by the Contract Documents. The provisions of this Paragraph apply to the Work done
by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
rime within which the obligations of the Contract Documents may be enforced, nor to the t/me
within which proceedings may be commenced to estabhsh Contractor's liability with respect to
Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents,
then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the
amount of five hnndred dollars ($500.00) per day beyond the agreed completion date. Inspection
of the Work by the City and the subsequent issuance of a notice by the City indicating substantial
completion w/Il be the date used to signify work completion. If completion is beyond the
schedule agreed upon, hqnidated damages may be imposed by the City on the Contractor and
will be withheld from payment.
It is expressly ackiaowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS A_ND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be taicen
during working hours and non-worldng hours.
A. Safety Precautions and Procrams
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
Tiffs Contract requires that the Contractor and any and ali subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perfon'n.
The Contractor agrees to reimburse the City for any frees and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shali ts/ce all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and other property on the project site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of
all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be
obstntcted except as approved by the City.
The Contractor acknowledges that, in executing the Project, it will operate machinery and
equipment that may be dangerous to the adjacent property owners and the general public. The
Contractor will be required to conduct excavations for the PrQect which may be hazardous to
person and property. The Contractor shall develop and implc-ment a job safety and security plan
which will adequately protect all property and the general public.
8.2 TR_&FFIC CONTROL
All safety precautions, traffic control, and warrnng devices necessary to protect the public and
workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102,
MAINTENANCE OF TKAFFIC, in flxe Florida Dept. of Transportation (FDOT) Std. The State
of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utilily Operations Specifications for Road and Bridge Construction, latest
edition, shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a mmmer that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the
residents in the vicinity of the work.
T
8.3 ROAD CLOSURE AND DETOURS
.Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to ttu'ough travel will not be permitted without specific
authorization of the City. No road or street shall be closed to the public except with the
perm/ssion of the City and proper govermnental author/ry. When closing of roads are permitted,
it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre-
approved pr/or to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be
indicated and maintained by the Contractor when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egess
to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure fine use of sidewalks. The Contractor shall provide suitable crossings at
street intersections and dr/veways, and supply such aid as may be required for pedestrians and
motorists, including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within tony area, the Contractor shall remove all debris, excess materials,
bamcades and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WAtLNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning hghts and fiagmen, as required,
and all such other necessary precautions for the protection of the Work and the safety of the
public. All barricades and obstructions shall be protected at night by regulatory signal lights
which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial
construction and shall be reflective to increase their visibility at night. Suitable warning signs
shall be so placed and illuminated at night as to show in advance where construction, barricades
or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will
be made, but the cost of providing, erecting and maintaining such protection devices, including
guards, watchmen and/'or flagmen as required shall be considered as included and paid for in the
various contract prices of the Work. Warning signs and barricades shall be in conformance with
the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches,
flashers, gnards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
local authorities shall be compiled with. Advance wammg signs are required on all streets where
work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control plan by the City-.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during construction. The Contractor shall be place construction hazard fencing
along any open trenches during the construction work-day, and shall leave no open trenches or
excavations over-night unless properly fenced and with the specific approval of the En~neer or
the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends~ At the close of work each day, the equipment shall be driven to and
stored in a designated area so that the equipment will not become an "attractive nuisance" to
neighborhood ckildren. All equipment left unattended during the course of working day, such as
during lunch hours or work breaks, shall not be left in a condition or location which would create
a safety hazard to the general public. All keys shall be removed from the machines during those
times.
8.8 TEMPORARY FACILITIES A2ND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of
iris employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall
be properly secluded from public observation, and shall be constructed and mmntained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved.
The Comractor shall maintain the sanitary facilities in a satisfactoD, and sanitary condition at all
times and shall enforce their use. Contractor shall rigorously prohibit the committing of
nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall
have the fight to inspec~ such facilities at all times to determine whether or not they are being
properly and adequately maintained.
Following the period of necessity for such accotranodations, they and all evidence affixed thereto
shall be removed.
V
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up to
the time of final acceptance. The Contractor shall provide and pay for any temporary piping and
connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for his review prior
to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds
caused by moving construction equipment, high winds or any other cause, and shall submit a
plan to the Engineer for his review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surphis water and shall submit a plan to
the Engineer for his review prior to initiation and implementation of the plan. Prior approval
shall be obtained from the proper authorities for the use ofpublic or private lands or facilities for
such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen,
calcium chlohde or other harmful materials. Contractor shall conduct and schedule Work
operations so as to avoid or otherwise mihimize pollution or siltation of streams, lakes and
reservoirs mad to avoid interference with movement of minatory fish where there is a high
potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control, including location of erosion control and turbidity control dev/ces, marked on a plan set
as needed for clarity. The erosion and turbidity control shall meet the requirements of the St.
John's River Water Mm~agement District for control of discharge of Tutal Suspended Matter, and
shall prevent water and wind erosion of open excavations and swales.
Article HI - SUPER~rlSION AND .ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9. I ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all
technical questions which may arise as to the quality and acceptabihty of materials furnished,
work performed, or work to be performed, interpretation of Plans and Specifications and all
technical questions as to the acceptable fulfillment of the Contract on the par~ of the Contractor
shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a techrfical nature of the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary' and for whatever cause, to include but not be Fnmited to, unsuitable weather
or such other conditions as are considered unfavorable for prosecution of the Work, failure on the
part of the Contractor to carry out the provisions of the Contract or to supply materials meeting
the requirements of the Specifications, or the action of a governmental agency, by serving written
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
condition which may be cause for suspension of the Work, the Engineer shall immediately advise
the City of such condition. The Contractor shall not suspend operations under the provisions of
this Paragq-aph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
Ail materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City. The Engineer and the City may appoint inspectors. The
Contractor will be held strictly to the tree intent of the Specifications in regard to quality of
mater/als, workmanship, mad the diligent execution of the Contract. Such construction review
may include mill, plant, or shop inspection, and any material furnished under the Specifications
is subject to such inspection. The Engineer and the City shall be allowed access to all parts of
the Work and shall be furnished with such information and assistance by the Contractor as is
required to make a complete and derailed review. The City shall not be responsible for the acts or
omissions of flue Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation ail equipment installed under this
Contract, except as specifically noted hereinafter.
X
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and tests. Further inspection requirements may be designated
in the Technical Specifications.
The City will conduct tests it deems necessary to determine if the Work functions properly.
Arrangements for testing laboratory services will be made by the City. Payment for testing to
show compliance with specified requirements will be paid for by the City. The cost ofretesting
when materials mad workmanship fail to meet specified requirements w/Il be deducted from
moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any thee before
acceptance by the City of the Work and shall remove or uncover such portions of the finished
work as may be directed. After examination, the Contractor shall restore said portions of the
Work to the standard required by the Specifications. Should the work thus exposed or examined
prove acceptable, the uncovering or removing and the replacing of the covering or making good
of the parts removed shall be paid for as extra work, but should the work so exposed or examined
prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and
give sufficient supervision to the Work until/ts completion. The super/ntendent shall have full
authority to act on behalf of the Contractor, and all communications given to the superintendent
shall be considered given to the Contractor. In general, such communications shall be confirmed
in wr/ting and always upon written request from the Contractor.
9.8 CITY'S RIGHT TO CORRJBCT DEFICIENCIES
Upon failm'e of the contractor to perform the work in accordance with the Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any other remedy he may
have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct
deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Conl~act upon issuance of written notice of termination to the Conlractor stating the
cause for such action. This A~eement may be terminated by the City without cause provided at
least thirty (30) days written notice of such termination shall be given to the Conn'actor. In the
event of termination, the City ma), take possession of the Work and of ail materials, tools and
equipment thereon and may finish the Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever he shall:
(a) Declare bankruptcy, become insolvent or assig-n his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified snperintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment therefore.
9.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the City's forces or by othm' contractors is contiguous to work
covered by the Contract, the respective fights of the vahons interests involved shall be
established by the City, to secure the completion of the various portions of the Work in general
harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in com~ecfion with the Work of the Contractor. The Contractor
shall cooperate with other Contractors with regard to storage of materials and execution of their
work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting
his work and to report to the City any irregularities which will not permit him to complete his
work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate
the work of other contractors has been satisfactorily completed to receive his work. It shall be the
responsibihty of the Contractor to inspect the completed work in place and report to the Engineer
immediately any difference between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the CiW, the Contractor shall submit in
writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not
be changed except at the request or with the approval of the City. The Contractor is responsible
to the City for the acts and omissions oflfis subcontractors and their direct or indirect employees,
to the same extent as he is responsible for the acts and omissions of his employees. The Contract
Documents shall not be construed as creating a contractual relation between any subcontractors
and the City. The Contractor shall bind every subcontractor by the terms of the Contract
Documents.
For convenience of reference and facilitate the letting of contracts and subcontracts, the
Specifications m'e separated into title sections. Such separataons shall not, however, operate to
make the Engineer or City an arbiter to establish limits to the contracts between the Contractor
and subcontractors.
9.13 WORK DU]LENG AN' EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, he shall notify the
Engineer and City of the emergency as soon as practicable, but he shall not wait for instructions
before proceeding to properly protect both life and property.
9.14 OP,_AL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents, and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 N/GHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with
prior approval from City, and then only to such exten~ as is absolutely necessary to protect life or
property. This clause shall not pertain to crews organized to perform restoration work which
needs no verifying inspection, maintenance work on equipment, or to operate and maintain
special equipment such as dewatering pumps which may be required to work 24 hours per day.
Ali such night, Saturday and/or Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done w/thom proper
inspection, or any changes made or extra work done without written authority will be done at the
Contractor's risk mad will be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF TI-~ WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that
has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the
Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the
Contractor shall be entitled to extra compensation, or an extension of time, or both, as
determined by the Engineer. However, if Contractor has failed to complete the Work in
accordance with the time requirements of the Agreement, no compensation (including set-offs to
liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor,
and he shall take every necessary precaution against injury or damage to the Work by the action
of the elements or from any other cause whatsoever, whether arising from the execution or from
the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good,
without additional compensation, all injury or damage to any portion of the Work occasioned by
any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor
shall submit a complete breakdown of the contract amounl showing the value assigned to each
part of the Work, including an allowance for profit and overhead within ten (10) days of the
execution of the Contract by the part/es. Upon approval of the breakdown of the contract ammmt
by the Engineer and the City, it shall be used as the basis for ali requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for
work completed. Where applicable, the Contractor may choose to submit a request for payment
at the substantial completion of each work order. The City may elect to provide its own fonu for
the Contractor to submit progress payment requests. The standard form provided by the City, or a
form presented by the Contractor having received prior approval from the City, can be used for
the submittal cfa progress payment.
The Contractor shall furinsh the Engineer and the City ail reasonable facilities required for
obtaining the necessary information relative to the progress and execution of the Work. In
adchtion to each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on ali items listed
in the detailed breakdown of the contract amount less previous payments and back charges.
Progress payments on account of Unit Price Work will be based on the number of units
completed at the tinge the payment request was dated by the Contractor. If payment is requested
on the basis of materials and equipment not incorporated in the project but dehvered and suitably
stored at the site or at another location agreed to in writing, the payment request shall also be
accompanied by a bill of sale, invoice or other documentation warranty that the City has received
the materials m~d equipment free and clear of all liens, charges, security interests and
encumbrances, all of which shall be safisfactory to the CID,. No payments shall be made for
materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release
or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case
earlier than completion of the Engineer's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials
furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit pr/ce contract or for payment on a lump-sum contract.
10.3 CITY'S ACTION ON A P,_EQUEST FOR PAIqM_ENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for payment as submitted.
Co)
Approve and pay such other mount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the
Contractor in writing of the reasons for paying the amended amount.
(c)
Disapprove the request for payment in accordance with Paragraph 10.4 informing
flue Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may with_hold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a)
Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with
the Plans, Specifications and generally accepted construction practices, inclu~
(c)
(d)
if, in the opinion of the City, there is sufficient evidence that the Work has not
been satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiting correction or replacement.
In the event of a filing of a claim or lien, or information received by City of a
potential filing ora claim or lien against the Contractor or City.
Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to m~other contractor.
The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the mount recommended.
(g) Default of any of the provisions of the Contract Docaments.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the CitY for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK A_ND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by
the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re-execution of that work. In the event that City incurs
expenses related thereto, Contractor shall pay for the same within thirty (30) days after written
notice to pay is gdven by the City. If the Contractor does not pay the expenses of such removal,
after ten (10) days written notice being given by the CiD' of its intent to sell the materials, the
City may sell the materials and shall pay to the Contractm' the net proceeds therefi'om after
deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the
expenses incurred by the City, such additional mounts may be set-off against any payments due
Contractor.
l 0.7 CHANGES IN THE WORK
A. Chan~eOrders
If conditions require a change in the scope of work or additional work varying from the original
Plans or Specifications, such change shall be effected by the Contractor when the City issues a
written Clumge Order. The Change Order shall set forth in complete detail the nature of the
change, the change in the compensation to be paid the Contractor and whether it is an addition or
a reduction of the ori~nal total contract cost. Should additional or supplemental drawings be
reqn/red, they will be furnished by the Engineer.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall
be established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established mud agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from change~ or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems thai
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor shall notify the City in writing of its intention to make claim for extra compensation
before work begins on which the claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of
actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account of the costs as aforesaid shall not in any way be construed as proving the validity of
the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction
of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle
the Contractor to the payment of a fair and equitable mount covering all costs incurred by him
pertaining to the canceled items before the date of cancellation or suspension of the Work. The
Contractor shall be allowed a profit percentage on the materials used and on construction work
actually done, at the same rates as provided for "Changes in the Work", but no allowance w/Il be
made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the
site before the date of such cancellatinn or suspension shall be purchased fi-om the Contractor by
the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any pan thereof shall be suspended by the City- as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for ali work done exc~t as provided in Paragraph
10.4.
10.10 PAYMENT FOR WORK BY THeE CITY
The cost of the work performed by the City removing construction materials, equipment, tools
and supplies fl~ accordance with Parag'raph 5.7 and in correcting deficiencies in accordance with
Paragraph 9.8 shall be paid bythe Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOV, rlNG TERMINATION OF CONTRACT
A. Termination by CiW for Cause
Upon tem~ination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work
under this Agreement and the Contractor shall be held harmless for the work of others. No
further payments shall be due the Contractor until the Work is completed and accepted by the
City. If the unpaid balance of the contract mount shall exceed the cost of completing the Work
including all overhead costs, Contractor shall be paid up to the mount of the excess balance on a
quantum memit basis for the work done prior to termination. I/the cost of completing the Work
shall exceed the unpaid balance, the Contractor or its Surety shall pa), the difference to the City.
The cost incurred by the City as herein provided shall include the cost of the replacement
contractor and other expenses incurred by the City ~hrough the Contractor's default. In either
event, all work done, tracIngs, plans, specifications, maps, computer programs and data prepared
by the Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends lifts Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination on a
quantmn memit basis mud may work done or documents generated by the Contractor shall remain
the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when ali work has been finished, the final construction
review is made by the Engineer, mad the project accepted In writing by the City.
10.13 P,.ELEASE OF CLAINIS (INTER/M/FINAL)
The Conu'actor shall deliver, with each request for payment, a completed Affidavit and Release
of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has
FF
notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as au unpaid, potential Claimant, a Claimant's Sworn Statement
of Account, executed by the supplier or subcontractor, must be attached to each request for
payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding cla/ms of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request
for payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made. As a condition for Final payment, a
Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as-built drawings which may be required. The Contractor shall furnish full and final
releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the
performance bond, any legal rights of the City, required guarantees and satisfaction of all
warranty work, and shall authorize payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmauship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects
discovered within one (1) year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that he has not employed or retained any company or person, other than
a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and
that he has not paid or agreed to pay any person, company, corporation, individual or fn-m, other
than a bona fide employee working solely for the Contractor, any fee, commission, pementage,
gift or any other consideration contingent upon or resulting fi'om the award or making of this
Agreement. For the breach or violation of this paragraph., the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, g/ft or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or can54ng out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
11.3 CERT~ICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on
behal£ of the Contractor to any person for influencing or attempting to influence any officer or
employee of any Fedsral agency, a member of Congress, an officer or ¢rnployee of Congress or
an employee of a member of Congress in connection with the awarding of any Federal contract,
the malting of any Federal Grant, the malting of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment or modification of
any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence m~ officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall
complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with
its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance of services
required to be performed under this Agreement. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall be employed. The
Contractor shall not undertake any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City duhng the term of this Agreement. Any
work where the Contractor can reasonably anticipate that it may be called to testify as a witness
against the City in any litigation or administrative proceeding will constitute a conflict of interest
under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor has filed the sworn statement which is entitled PUBLIC ENTITY CRIMES,
stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a pubhc entity crime subsequent to July 1, 1989, in accordance with the provisions
of said statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also consist of the "Drag-Free Workplace Form" wkich is in
accordance with Florida Statute 287.089 and mast be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with ali applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered
Species Act (16 USC 31531, et seq.), Executive Order No. 11593, Executive Order No. 11988,
Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe
Water D~qnking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act
(PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966
(PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL
94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and
applicable regulations, and the Americans with Disabilities Act (PL 101-336).
l 1.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below
and maintain said insurance during the life of this agreement:
(a)
Workers' Comnensation - Contractor shall purchase workers' compensation
insurance as required by law.
(h)
Commercial General Liability - Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c)
Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations m~der Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to insure that ali sub-contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until he has obtained all the
insurance required under this para~raph and certificates of such insurance have been submitted to
the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required has been so obtained and approved by the City. The Contractor shall
can-y and maintain until acceptance of the Work, insurance as specified herein and in such form
as shall protect him and any subcontractor performing work under this Contract, or the City, from
all claims and liability fo; damages for bodily injury, including accidental death, under this
Contract, whether by himself or by any subcontractor or by any one directly or indirectly
employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as
provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown
in these Doctuments, for Performance and Payment, each in the amount of 100% of the total
contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for
the prosecution of the Work shall be secured by the City, except for Contractor's licenses and
registrations. Contractor shall secure a building permit if required by the City's Building
Official.
11.I1 LAWS TOBE OBSERVED
The Contractor shall give all notices and comply with ali federal, state and local laws,
ordinances, permit requirements and regulations in any mariner affecting the conduct of the
Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or
authority over the Work, and shall indemnify and save harmless the City and Engineer against
any expense, claim or liability ar/sing from, or based on, the violation of any such law, ordinance,
regulation, permit requirements, order or decree, whether by himself or his employees. The
failure of the Contractor to adhere to any known law or regulation pertaining to furnishing
services under this Agreement shall constitute a material breach of this Agreement.
The Contractor shall keep himself fully informed of all existing and pending state and national
laws and municipal ordinances and regulations in any mariner affecting those engaged or
employed in the Work, or in any way affecting the conduct of tribuuals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency is discovered in the Plans,
Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order
or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at ali
times himself observe and comply with and cause all his agents, subcontractors and employees to
observe and comply with decrees; and shall protect and indemnify the City and Engineer, their
officers, employees and agents against any expense, claim or hability arising from or based upon
violation of any such law, ordinance, regulations, orders or decree, whether by himself or his
· employees.
All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations, restrictions
and reservations of record, local ordinances and such other statutory provisions pertaining to th/s
class of work.
12.0 MISCELLANEOUS
12.1 .~dDDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered
in person or by telegraph or registered or certified mail to the parties at the address as either party
may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the Contractor and receipt acknowledged or sent by registered mail to the individual, fa-m, or
corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with
the Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VrTAL IMPORTANCE
It is agreed and understood that t/me is of vitaI/mportance with respect to the completion date for
the Work and all other promsions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession tal~en by the CID', nor the termination of employment of the Contractor shall operate
as a wai,ver of any portion of the Contract or any power therein reserved or any fight therein
reserved or may right therein provided, nor shall the waiver by the City of any of the Contractor's
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the Contractor under this Agreement.
12.6 PdGHT TO WOtLKPRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Contractor, in the United States or in any other country. The
City or its assigns shall have the un.restricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or other material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared
or obtained under this Agreement shall remain the property of the City. A_ny use of any plans and
specifications by the City except the use reasonably contemplated by the City at the time the City
entered this Agreement will be at the City's risk and Contractor, its officers, d/rectors and
employees, will be held harmless fi.om such use.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the da3,
and yea:- first above written.
ATTEST:
TIlE CITY OF SEBASTIAN
Sally A. Maio, CMC, City Cleric
(SEAL)
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
By:
Ten'ence R. Moore, City Manager
Rich Stringer, City Attorney
...................... CONTRACTOR ....................
Signed, sealed and delivered
in the presence of: Contractor
NAME:
By:
Name:
Title:
LL
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HOME OF PELICAN iSLAND
1225 MAiN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 · FAX (772) 589-5570
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Louisiana Avenue Easement
Agenda No. 0 t4.0 t~
Department Origin: City Manager
Purchasing/Contracting:
Finance Director:
City Attorney: (/) ~-
City Clerk:
Date Submitted: 08/17/04
For Agenda of: 08/18/04
E~hibits:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
As our continuing effort to move forward to implement the Louisiana Avenue Neighborhood
Revitalization Program, one additional Grant of Public Sidewalk, Utility and Drainage Easement
dedication has been secured from THP3 Corporation se respective property ownership can be
transferred to the City.
RECOMMENDED ACTION
Move to authorize acceptance of Grant of Public Sidewalk, Utility and Drainage Easement
dedication fi:om THP 3 Corporation transferring respective property ownership to the City.
"An Equal Opl~ortunity Employer'
Celebrating Our 75th Anniversary
Flu~ 1'7 ~004 I~:OEI
JORDR~ & RSSO~
GRANT OF PUBLIC SIDEWALLS,
UTILITY AND DRAINAGE EASEMEN~
Th/s agreemen: made on ~ ~,~ day of , b~r and between THP 3
CORPORATION whose address is 6535 Nova Drive, Suite !06, Davie, FL 33317,
Gnm~or, and the City of Sebastian, a municipal corporation of the~State of Florida, whose
adclress is 1225 Main Street, Sebastian, FL 32958, Grantee.
NOW T~REFORE, in eonsidera~/on oi~e sum of Ten Dolhrs (St0.00) and
other good and valuable consideration, the receipt of which is heathy acknowledged,
G~a~r grant~ mad conveys un~o Grantee, its successors ~ asff~ns, a perpevaa~ p~blic
easement ~o lay out, construct, inspect, opera~e, maha~ain, repai~- and install sidewalks,
ut/I/t/es, drainage facilities, together with the fight to remove ~r~s, bushes, ur~ergr~,~h
and other obstructions iuterferi~g with ~he locafiox~, construction :and nmi~tenauce of ~
faciliti¢~ a/l over, un~r, across an~ fluough ~e follow/~g described Jand (herein~/~er
reder/e~ ~to as "~.a~e~aent A~ea"):
See attached 3chedule "2 and B" i
IN WITNESSETH ~,REOF, the Grantor, and Grantee have executed ~his
Easemen~ on the day and year written above.
Si~aed, scaled and flelivered/n our presence:
WITNESSES:
(prim marne)
(,tgeature)
(print n~me)
GlO'Cf OR:
For: 'l'~tr 3 CORP~L~TiON
(Seal)
STATE O1~ I~LOI~mA
COUNTY OF ~ ~£oooArCO.
, day of ~ ~
T~ foregoing ~oz~,m~ w~ a~wle~g~d b~f~ m~ m~ ~I
CO~O~O~ w~ is ~er~y ~o~ m ~ ~,, who ~s pro~
~ ~o~ who ~er ~ledged ~
~Y~mmi~Sion No, is:
My Commi~sio~ Expires,.
SKET~Pi OF DESCRI~.~70N
THIS IS NOT A SURVEY
SK£TCH OF' D£SCRIPTI'ON i . 14~N. 0tt14.003
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City of Sebastian, Florida
0~'IC~ O~ THE CFI~ ATTO~!Y'
AGENDA TRANSMITTAL
Agenda No. Oq0 I 0 [
Subject: Keep Indian River Beautiful lease
Date Submitted: 8/18/04
For Agenda of: 8/25/04
SUMMARY:
A lease to KIRB or the Growth Management Building, in the format previously used for the
Chamber of Commerce lease, is attached.
RECOMMENDED ACTION:
At Council' s discretion -
Move to authorize City Manager to execute the LEASE BETVVEEN CITY AND KEEP
INDIAN RIVER BEAUTIFUL.
LEASE BETWEEN CITY AND KEEP INDIAN RIVER BEAUTIFUL
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as
"Landlord'~, hereby leases to KEEP INDIAN RIVER BEAUTIFUL, INC., a non-profit Florida
corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and
being in the county of Indian River, State of Florida, to-wit:
The northwesternmost building of the historic City Hall complex, as shown on the
attached schematic, along with nonexclttsive use of appurtenant parkingfacilities.
The parties agree to be legally bound as follows:
I. TERM AND OCCUPATION
The term of this lease shall be for an initial period of one (1) year, unless modified pursuant
to Article 1I below, commencing at 12:01 A_M. on the 1a day of October, 2004. However, Lessee
shall not be entitled to occupy the premises until receipt of written notice from Landlord that the
same has been vacated by City personnel.
IL OPTION TO EXPAND AND EXTEND
After completion of the initial term, the lease shall mn from month-to-month, with either
party able to terminate upon ninety (90) days written notice.
III_ RENT
Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the
amount of $1 per year payable on the 1st day of October each and every year commencing on
October 1, 2004, at the Finance Department office of Landlord or such other place or places as
Landlord may from time to time designate by written notice given to Lessee.
IV. USE OF PREMISES
The premises shall be used exclusively by Lessee for purposes of a non-profit
organization headquarters and for a resource recovery center associated therewith, and for no
other use or uses without the express written consent of Landlord.
However, Lessee shall not commit or permit the commission of any acts on the premises,
nor use nor permit the use of the premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental rule or
regulation, whether now in force or here'mafter enacted, governing the premises; or
(b) constitutes the commission of waste on the premises or the commission or
maintenance ora nuisance.
V. ASSIGNMENT OR SUBLEASING
Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease
without the prior express written consent of Landlord.
VI. SURRENDER OF PREMISES
On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly
surrender and deliver the premises to Landlord in as good condition as they are upon the date of
occupation by Lessee, reasonable wear and tear excepted.
VII. MAINTENANCE AND REPAIRS
Lessee admits, by entering into possession under this lease, that the premises are now in
good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease
and any renewal or extension thereof~ maintain, at Lessee's sole cost and expense, the premises, and
ev~y part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration
or sooner termination of this lease surrender the premises to Landlord in good condition and repair
reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the
provision of all utility and other services to the premises, including installation of a separate electric
meter and telephone line for the Premises. Lessee hereby waives any right to make repairs to the
promises at the expense of Landlord as provided by any law or statute now or hereafter enacted. In
the event that a situation in the reasonable judgment of the Landlord requires that immediate repairs
be performed to any part of the Premises, Landlord may perform the same with or without notice to
Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby.
Notwithstanding the provisions of the paragraph above, Landlord shall be responsible for
keeping the roof, primary plumbing system, electrical system, parking areas, and exterior walls in
good repair.
VIIL INSPECTION BY LANDLORD
Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the
premises at all reasonable times for the purpose of inspecting the premises to determine whether
Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that
may be necessary to protect Landlord's interest in the premises under this lease.
IX. PERSONAL PROPERTY TAXES
Lessee shall pay before they become delinquent all taxes, assessments, or other charges
levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other
personal property placed by Lessee in, on, or about the premises including, without limiting the
generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall
safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio
antennas, or communication equipment brought on the premises by Lessee.
X. REAL PROPERTY TAXES
All real property taxes and assessments levied or assessed against the premises by any
governmental entity, including any special assessments imposed on or against the premises for the
construction or improvement of public works in, on, or about the premises, shall be paid, before
they become delinquent, by Lessee.
311. PROPERTY CASUALTY INSURANCE
The Tenant shall, at its sole cost and expense, procure and keep in effect such standard
policies of property casualty, fire and extended coverage insurance in an amount equivalent to
the appraised value of the improvements to the premises. Upon request, the Tenant shall provide ~
to the Landlord a certificate of such insurance with evidence of the payment of the premium
therefor. The Landlord shall have no obligation to keep the buildings and improvements on the
leased premises insured nor shall the Landlord have any obligation to insure any personal
property used in connection with the leased premises. Any policy or policies of insurance
required pursuant to tkis Lease shall be issued by one or more insurance companies authorized to
engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best
and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall
contain a clause preventing cancellation of any coverage before thirty (30) days written notice to
the Landlord and shall name the Landlord as an additional insured. Upon the request of the
Landlord, the Tenant shall provide copies of said policies to the Landlord.
In the event that the Tenant's use and occupancy of the premises causes any increase in
the premium for any property casualty or fire insurance maintained by Landlord on the Leased
Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase
within thirty days of notice of the same.
XII. DESTRUCTION OF PREMISES
In the event the building and/or other improvements erected on the premises are
destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or
obligation to make any expenditures toward the repair and/or replacement of the building and
other improvements on the leased premises. Tenant, at its option, shall either cause said building
and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable,
or shall elect not to repair the premises and terminate the lease.
(a) In the event the Tenant elects to repair or replace the improvements on the leased
premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on
account of such damage; provided, however, that all repaired or replaced improvements are
done so in a manner equal to or better than the improvement being repaired or replaced.
(b) In the event the Tenant, under its option, elects not to repair or replace the
improvements upon the leased premises, the Landlord shall be entitled to such portion of any
insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions
of the damaged or destroyed improvements and all rubble or debris resulting from said casualty.
Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements.
Any remaining proceeds shall be the sole property of Tenant.
XIII_ ALTERATIONS
Lessee shall not make or permit any other person to make alterations to the Premises
without the prior written consent of Landlord. Any alterations to the premises by Lessee shall be
made at the sole cost and expense of Lessee. Any and all alterations or improvements made to the
premises shall on expiration or sooner termination of this lease become the property of Landlord.
XIV. INDEMNITY
Lessee shall indemnify and hold Landlord and the property of Landlord, including the
premises, free and harmless from any and all liability, claims, loss, damages or expenses, including
counsel fees and costs, arising by reason of the death or injury of any person, including any person
who is an employee or agent of Lessee, or by reason of damage to or destruction of any property,
including property owned by Lessee or any person who is an employee or agent of Lessee, caused
by or connected with Lessee's occupation and use of the premises under this lease other than
intentional acts of Landlord or an employee or agent of Landlord.
XV. LIABII~ITY INSURANCE
Lessee shall, at its own cost and expense, secure within 10 days and maintain during the
entire term of this lease and any renewals or extensions of such term a broad form comprehensive
coverage policy of public liability insurance issued by an insurance company acceptable to Landlord
and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and
use of the premises under this lease in amounts not less than:
(a) $300,000 for injury to or death of one person and, subject to such limitation for the
injury or death to one person, of not less than $1,000,000 for injury to or death of
two or more persons as a result of any one accident or incident; and
(b) $300,000 for damage to or destruction of any property of others;
or such higher amount as may be set asthe liability limits under the waiver of sovereign immunity
provisions of law.
XVI. UN[REMOVED TRADE FIXTURES
Any trade fixtures that are not removed from the premises by Lessee 30 days after this
lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee
and shall automatically become the property of Landlord as owner of the real property to which they
are affixed.
XVII. ACTS CONSTITUTING BREACHES BY LESSEE
Lessee shall be guilty ora material default and breach of this lease should:
(a) Lessee default in the performance of or breach any provision, covenant, or condition
of this lease and such default or breach is not cured within thirty days after written notice thereof is
given by Landlord to Lessee; or
(b) Lessee breach this lease and abandon the premises before expiration of the term of
this lease.
XVIIL REMEDIES FOR DEFAULT
Should either party be guilty of a material default and breach of this lease as defined in this
lease, that party shall have available the remedies given by law or equity, and a non-defauking party
shall additionally be entitled to an award of court costs and attorney's fees against the defaulting
party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's
right to possession of the premises and recover and regain possession of the premises in the manner
provided by the laws of the State of Florida. The parties waive the fight to trial by jury of all issues
so triable.
XIX. WAIVER OF BREACH ~
The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall
not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the
same or another provision of this lease.
XX. NOTICES
Any notice, report, statement, approval, consent designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this Lease
shall be effective only when made in writing and delivered (or mailed by registered or certified
mai1 with postage prepaid) to the other party at the address given below:
Landlord: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
Tenant: Keep Indian River Beautiful, Inc.
1225 Main Street
Sebastian, FL 32958
Attn: Executive Director
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change.
EXECUTED on this
day of August, 2004, at Sebastian, Florida.
ATTEST:
CITY OF SEBASTIAN
A Municipal Corporation
Sally A. MaiO, CMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
By:
Terrence R. Moore, City Manager
Rich Stringer, City Attorney
KEEP INDIAN RIVER BEAUTIFUL, INC.,
a non-profit Florida corporation
By:
Its:
(Seal)
SF.,BAST!AN
HOME OF P'fi.1C, AN ISLAND
CITY OF SERASTIAN
AGENDA TRANSMITTAL
Subject: Prior Approval for Vice-~ayor's
Overnight Stay in Accordance with ATttendance
at Committee for Sustainable Treasure Coast
Meetings:
Sept. 2-3, 2004
October 7-8, 2004
December 2-3, 2004
,~. .
~!~tal~y: City Manager
Agenda No. ~)~.
( ,
Department Origin: City Clerk___~9k'-,
Purchasing/Contracting:
Finance Director:
City Attorney: ' ~
City Clerk:
Date Submitted: 8/18/04
For Agenda of: 8/25/04
Exhibits: Upcoming dates
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
~ REQUIRED:
SUMMARY
S/rice the comnnttee of Snstainable Treasure Coast Meetings will be held for two consecutive days
in Sept., Oct., and Dec., Vice-Mayor Barczyk would like Council approval for overnight stay.
Committee for a Sustainable Treasure Coast Page 1 of 3
Abo~ Us News
Meeting Information
Unless otherwise noted, the documents below require Adobe Acrobat Reader - download latest version
Upcoming Meetings
Next meeting: September 2-3
Mark your calendar: October 7-8, November 12, and December 2-3
Materials from Past Meetings
August 5-6
Indian River Community College - Stuart
· Meeting Materials
o Draft Agenda
o Complete Meetin.q Packet (see Table of Contents_)
o Draft Workplan (as of 8-4-04)
· PowerPoint Presentations (pdf)
o Research Coast
Ted Astolfi, Executive Director, Business Development Board of
Don Root, Executive Director, Economic Development Council o
County
Helene Caseltine, Indian River County Chamber of Commerce
o Enterprise Florida Strate¢lic Plan
by Sena Black, VP for Marketing, and Information
o Workforce Florida
by Curtis Austin, President, Workfome Florida Inc.
o Workforce Development
by Gwenda Thompson, President/q;EO, Workforce Developmen
Treasure Coast
o Reqional Economic Forecastinq and Assistance
by Gregory Vaday, Economic Development Coordinator, Treasu
Regional Planning Council
o Florida Chamber Foundation Cornerstone II Report
by William Habermeyer, Jr., President and CEO Progress Ener(
and Vice Chair of Enterprise Florida, Inc.
July 14-15, 2004
Harbor Branch Oceanographic Institution
· Ma., Oq,
httndtw.2.~v mmtalnahletc..or~/meetin~,q/index.htm R/1712004
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Four Expiring Positions on the
Construction Board
Approved for Submittal by: City
Manager~~
Agenda No. 0~.//'1L,'7
Department Origin: City Clerk__
Purchasing/Contracting:
Finance Director:
.City Attorney: ~ ~
CityClerk: r~
Date Submitted: 8/11/04
For Agenda of: 8/25/04
Exhibits: code, application, board member list, ad
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
REQUIRED:
SUMMARY
The following positions wild expire September 30, 2004:
-Regular Member, Electrical Contractor Position
-Regular Member, HARV Contractor Position
-Alternate Member, Concerned Citizen Position
-Alternate Member, Contractor Position
Only one resident, Mr. Mitchell, has expressed interest in serving. Advertising will
continue to fill the remaining vacancies.
RECOMMENDED ACTION
Consider Mr. Mitchell for one of the above expiring positions. (The new terms
will expire September 30, 2007.)
ARTICLE VI. CONTRACTORS*
Page 1 of 1
Sec. 26-191. Membership; terms; filling of vacancies.
(a) The city construction board shall be composed of seven members and, as far as
practica/, shall consist of two certified contractors (residential, building, general), one
electrical contractor, one heating and ventilation contractor, one architect or engineer,
one plumbing contractor, and one concerned citizen. The city council may also appoint
one or two alternate members who shall serve as necessary to assemble a maximum of
seven voting members of the board. It ~s preferred that the alternate members consist of
one certified contractor and one concerned citizen. All members and alternate members
shall be appointed by the city council, pursuant to sect/on 2-170 of this Code.
(b) To be eligible for appointment, except as otherwise provided in this section, each
contractor member shall be actively engaged in construction in the city, [or] have an
established business in the city limits.
(c) Each member of the board shall hold a valid certificate issued by the board or the
state in addition to having the qualifications required in subsection (b) of this section,
excepting the one concemed citizen member. If any member of the board, at any time
during his term, no longer possesses the required qualifications such member shall be
automatically suspended for 30 days; then, unless qualified within 30 days, shall be
replaced.
(d) Of the regular members appointed to the board:
(1) Two members shall be appointed for an initial term of one year;,
(2) Three members shall be appointed for an initial term of two years; and
(3) Two members shall be appointed for an initial term of three years.
Thereafter all appointments shall be made for a term of three years. All terms of office
shall expire on September 30 of the last year of the term.
(e) Each alternate member shall be appointed for a term of three years.
(f) Any member 'may be reappointed, subject to the limitations set forth in subsection
(d) of this section.
(Code 1980, § 7-92(a)--(d); Ord. No. O-91-24, §§ 1, 2, 9-25-91; Ord. No. 0-97-57, §4, 9-25-97)
Sec. 2-170. Qualifications.
The primary consideration in appointing board and committee members shall be to
provide the board or committee with the needed technical, professional, financial, business or
administrative expertise. An applicant's previous term as a member or an alternate member of
the board or Committee on which there is a vacancy may be given specia~ consideration.
Whenever a current or former member of a board or committee is being considered for
appointment or reappointment to a board, the city Council shall consider the number and nature
of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S.,
relating to that individual's previous membership on the board or committee for which the
appointment is being considered. All of the members of each board or Committee shall be
residents of the city. Additional qualifications may be ordained or be otherwise applicable for a
particular board or committee.
APPLICATION TO SERVE ON CITY BOARD/COMMITi'EE ::~
(All City Board and Committee Members Must be Residents of the City of Sebastian) ca,
HOME ADDI~ESS:
HOME PHONE:
FL 32q6~
HOME FAX: ~-~'3~
E-MAIL:
BUSINESS PHONE: ,_.~'~'CJ. 2-1 q.-~ BUSINESS FAX: 3~'- ~350 E-MAIL:
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'i-rEE?
WHICH BOARDS/COMMITTEES?
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMI'rrEE (serves only 6 months every 7 yeara - meets next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets dudng summer)
CODE ENFORCEMENT BOARD (permanent board - meets once a month)*
J CONSTRUCTION BOARD (permanent board - meets once a month)*
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly)
TPLANNING AND ZONING COMMISSION (permanent board- meets twice e month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)*
PARKS & RECREATION ADVISORY COMMI'FrEE (permanent board- meets once a month)
TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointment
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief.resume is required)
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~EE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
IWOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? ~,~ ~.~
Applicant Signature
Subsorl/becl, ~nd sworn tg?/l~e~f~m., me~ this ~./'/'/~ day
~,,~"P[Jblic, State'-~ FIonda
hereby certify that I am qualified to hold the position for which this application is made, Furlher, I hereby authorize
he City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information mquestad in this application is cause for
disqualification.
I have been provided with, read and unde?t~.nd C!fy of Seb.a.~ti/a~. Cod .e, o.f.O,r?nane~Jec~.t°n.s/,~'166 through 2 173
(attached). information relative to a specific Doaro or comr~[,t~ee is avalle. J3je rr reques[eo.//'///
~by
or has / produced
\wp-form~applicat.wpd
rev. 1/2004
.... ~ ...... ANN V. ROUSSEAU ]
..-.~? ~ MY COMMISSION # DD 089531
1~ :~ EXPIRES: &tarch 18, 2006
CONSTRUCTION BOARD
3-YEAR TERMS
MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M.
MEMBER NAME POSITION APPOINTMENT CURRENT TERMS
AND ADDRESS HISTORY STATUS COMPLETED
· ' Electrical -,r.,,.,~. ~k,,~. :r-erm-te !~ !,". ~
~ Contractor ............ ex~im Re.dar
Sebaetia~-Fk Position ~ ~ ,~...,... w~.
Tcck Chuck
Jean Carbano Regular Took Stuart Houston's Term to
433 Bet~ Avenue Concerned Concemed Citizen expire
Sebastian, FL Citizen Regular Position 9/30/2005
32958 Position 5/26/04
581-1397
Frank A. Garland, Plumbing Reappointed 9/10/03 Term to Has sen~ecl l
Jr. Contractor full term
449 Ponoka Position expire
9/3012006
Street Took Herbig's
Sebastian, FL Plumbing Contractor Term to
32958 Regular Member expire
589-3020 Position 11/8/2000 9130/2003
Michael D. Wolf Engineer or Reappointed 9/10/03 Term to
910 Majestic Ave. Architect expire
Sebastian, FL 9130106
32958 Took AIIocco
388-2223 H Unexpired Engineer Term to
388-0629 FAX Regular Member expire
Position 12/11/02 9/30/2003
Took Pierre Paquette
Alternate Concerned
Citizen Position
3/13/2002
90
Patrick Gilligan Regular Took Ms. Fox's Term to
722 Brookedge
Terrace Contractor Regular Contractor expire
Sebastian, FL Position Position 9/10/03 9/30/2006
32958 Took Ed White's
388-2395 unexpired alternate ]'erm to
member position
3/12/03 !expire
~9/30/2004
Lc'-!".. W..%~ice!!,",! HARV ~ Vas served two
~ ~ ~.~ ~ ...... * Contractor
....... '~-~' r,,.,,*.,,,.*~, ex-p~e ~ull terms
L=nd ........... 9/39~004
389 576d .. : ¥'erm-te.
Jim Morris Regular Took Mr. Craw's Term to
P. O. Box 780765 Member expire
Sebastian, FL Contractor unused Regular
Member Contractor 9/30/2006
32978 position 11/12103
589-3519
=-!'.'.'in D=';!= Altemate -T-eek-MAe-Welf-s :r-em:~te
40-Bim~g~Cirele Concerned
Seba~ Citizen member_.l~itien
689-4966 Position
· '"~ =~'~"'~ Alternate ~ ex~
Avem~ Contractor
Position
BOARD SECRETARY - Kathy Nappi
91
el'IT OF
SI BASTIAld
July 19, 2004
PRESS RELEASE
CONSTRUCTZON BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING
EXPIRED POSTFIONS ON THE CONSTRUCTION BOARD:
, REGULAR MEMBER, ELEL I m<ICAL CONTRACTOR POSITION, EXPIRING 9/30/2007
, REGULAR MEMBER, HARV CONTRACTOR POSITION, EXPIRING 9/30/2007
, ALTERNATE MEMBER, CONCERNED UlJZEN POSITION, EXPIRING 9/30/2007
~ ALTERNATE MEMBE[L CONTRACTOR POSITION, EXPIRING 9/30/2007
ALL BOARD MEMBERS MU~T BE CITY OF SEBASTIAN RESIDENTS, AND HAVE
ACTIVE, REGISTERED CONTRACTOR LICENSES EXCEPT FOR THE CONCERNED
CITIZEN APPOINTMENTS.
PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER POSTFION
WTrH AN ALTERNATE, THAT ALTERNATE POS1T~ON MAY BE PILLED THAT
NIGHT WITH ONE OF THE SAME APPLICANTS.
THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 PM
IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBAS-I'IAN.
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225
MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR
AT CITY'S WEBSITE (WVVW.CITYOFSEBASTIAN.ORG) AND WILL BE ACCEPTED
UNTIL AUGUST 16, 2004.