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HomeMy WebLinkAbout05142008rnv ~~ ~~~~ _-- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 14, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR NEGLIA 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY VICE MAYOR NEGLIA We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS AWARDS BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.016 A. Presentation of Plaque -Employee of the 1St Quarter 08.057 B. Proclamation - USFWS Pelican Island Wildlife Refuge Manager Paul Tritiak 1 08.058 C. Proclamation -Public Works Employees -May 18-24, 2008 3 08.059 D. Proclamation -National Tourism Week -May 10-18, 2008 5 8. Item Carried Forward from April 30, 2008 Special City Council Meeting 08.010 A. Rank Proposals and Authorize Contract Negotiations for Collier Creek Seawalls (Same Backup as Provided for April 30, 2008 Meeting) 9. Items Not Addressed at the April 23, 2008 Regular City Council Meeting 08.054 A. Land Development Code Business Sign Change Recommendations (GMD Transmittal, Memo -Same Backup as Provided for April 23, 2008 Meeting) 08.055 B. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, Memo, Plan, Maps, Letter, Q & A from Developer's book -Same Backup as Provided for April 23, 2008 Meeting) 08.031 C. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04 -Same Backup as Provided for April 23, 2008 Meeting) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 10. 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 will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-17 A. Approval of Minutes - 4/23/08 Regular Meeting 19-24 B. Approval of Minutes - 4/30/08 Special Meeting 08.060 C. Independence Day Street Closings and Yacht Club Ramp Closing (Parks 25 Transmittal) 08.061 D. Approve Sebastian River Art Club's Show at Riverview Park on 11/15/08, 27-30 12/13/08, 01/17/09, 02/21/09, 02/22/09, 03/21/09 and 04/11/09 from 10:00 a.m. to 4:00 p.m.; Rain Dates for 11/16/08, 12/14/08, 01/18/09, 03/22/09 and 04/12/09 from Noon to 4:30 p.m.; and Reduce Application Fee by 50% (Parks Transmittal, Application, Letter) 08.062 E. Approve Treasure Coast Crafters Club Show at Riverview Park on December 20 31-34 and 21, 2008 from 9:00 a.m. to 4:00 p.m. (Parks Transmittal, Application) 2 11. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Planning & Zoning Commission 08.047 i. Fill One Expired Regular Member Position -Term to Expire 5/1/2011 35-41 (City Clerk Transmittal, Application, Ad, List) 08.047 ii. Fill One Vacant Regular Member Position -Term to Expire 2/1/2011 43-51 (City Clerk Transmittal, Application, Ad, List, Minutes Excerpt) 12. PUBLIC HEARINGS -None 13. UNFINISHED BUSINESS 08.063 A. Barber/Schumann Intersection Funding Update (Council Transmittal) 53 14. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 15. NEW BUSINESS 08.064 A. Pedestrian Bridge Construction Contract and Neel-Schaffer Professional 55-130 Services Amendment -Third Pedestrian Bridge (Engineering Transmittal, Photo, Contracts, Bids) 08.031 B. LPA Hangar Professional Services Contract (Airport Transmittal, Scope, 131-140 Estimate, Site Plan, Elevations, Floor Plan) 08.065 D. First Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 141-144 Commissioners to Have One Year of Residency (City Attorney Transmittal, 0-08-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 3 19. CITY COUNCIL MATTERS A. Mr. Neglia B. Mr. Paternoster C. Ms. Simchick D. Mr. Wolff E. Mayor Coy 20. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. F~~~~~alar Git}~ f',~;t. '~ ,re ~ I° ~~~; ~r~ac~ca ~~ c,r C ;<~t Cl~anned'S ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: May 28, 2008 - 5:30 pm -Capital Improvements Program Workshop May 28, 2008 - 7:00 pm -Regular City Council Meeting June 11, 2008 - 7:00 pm -Regular City Council Meeting June 25, 2008 - 7:00 pm -Regular Cify Council Meeting 4 cm ~~ ~8~-1J -- -. ,_~ , ,, _- . _..._ - r ~..- HOME OF PELICAN ISLAND PROCLAMATION U. S. FISH 8s WILDLIFE SERVICE REFUGE MANAGER PAUL TRITAIK WHEREAS, on March 14, 1903, President Theodore Roosevelt declared Pelican Island to be the nation's first Wildlife Refuge; and WHEREA8, from Pelican Island has grown a National Wildlife Refuge System, which today encompasses 548 individual refuges totaling almost 100 million acres of wildlife habitat; and WHEREA8, for over 100 years, beginning with Paul Kroegel, Pelican Island and its wildlife have been protected; and WHEREA8, U. S. Fish 8v Wildlife Service, Refuge Manager Paul Tritaik continued this important duty from 1993 to 2008; and WHEREAS, during those 15 years, Refuge Manager Tritaik restored the eroding Pelican Island for nesting water birds and ensured that Pelican Island will endure for future generations of Americans; and WHEREAS, added hundreds of acres of lands on the barrier island to the refuge instead of going to private development; and WHEREAS, helped to direct the event of the century, The Centennial Celebration, in 2003 which brought nationwide attention to the area; and WHEREAS, opened The Centennial Trail at the Pelican Island Refuge, giving the public the first land-based opportunity to observe the historic Pelican Island and its birds; and NOW, THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim it has been an honor for Refuge Manager Tritaik to watch over and care for Pelican Island and encourage citizens of Sebastian to join in appreciation for Refuge Manager Tritaik's efforts. IN WITNE88 WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 14~ day of May 2008. Andrea B. Coy, Mayor C 0 mv~~ -- ~~ HOME OF PELICAN ISLAND pROC~An~arioN "NATIONAL PUBLIC WORKS WEEK" May 18th - 24th, 2008 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets, highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim the week of May 18 - 24, 2008 as "National Public Works Week" in the City of Sebastian, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety and comfort, and quality of life. IN WTITTESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this i4th day of May 2008. Andrea B. Coy, Mayor 0 O HOME OF PELICAN ISLAND PROCL~lV~.~~,ON 25t" ANNUAL NATIONAL TOURISM WEEK Discover Great American Traditions May 10-18, 2008 WHEREAS, travel and tourism is a $1.6 trillion dollar industry in the United States; and WHEREAS, the travel and tourism industry is one of America's largest service exports creating a trade surplus of $8.3 billlion and is one of the nation's largest employers accounting for more than 7.5 million direct travel-generated jobs, or one in every eight U.S. non-farm jobs; WHEREAS, spending in the U. S. by domestic and international travelers averaged $2 billion a day; travel and tourism generated $110 billion in tax revenue for local, state, and federal governments; and WHEREAS, the travel industry support the interests of the City of Sebastian, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and WHEREAS, travel ranks as one of the City of Sebastian's largest industries in terms of revenues generated; and WHEREAS, as people throughout the world become increasingly aware of the outstanding cultural and recreational opportunities available in the City of Sebastian and throughout the United States, travel will become an increasingly vital resource in improving America's image around the world and building our public diplomacy; and WHEREAS, given these laudable contributions to the economic, social and cultural well being of the citizens of Sebastian, it is fitting that we recognize the importance of the American travel industry; and WHEREAS, a one percent increase in U.S. worldwide market share would equate to 8.4 million more visitors, $14 billion more in expenditures, 152,000 new jobs, $3.6 billion more in payroll, and $2.2 billion more in federal, state, and local tax revenue; NOW THEREFORE, be it resolved by the City of Sebastian City Council assembled, that May 10-18, 2008 is hereby designated NATIONAL TOURISM WEEK and the Mayor of the City of Sebastian is authorized and requested to issue this proclamation calling upon the people of the City to observe this week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of May 2008. Andrea B. Coy, Mayor cnv ~ ~~ - ; _ -_ `~--r4.r~_.._ 0 0 CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 23, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3 4 5 6. Mayor Coy called the meeting to order at 7:00 p.m. The Pledge of Allegiance was led by the Mayor. A moment of silence was held. The Mayor read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Airport Director, Joseph Griffin City Engineer, David Fisher Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Bob Lockhart Police Lieutenant, Greg Witt AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. ~Q~~t 0 ~ ~ , Regular City Council Meeting April 23, 2008 Page Two 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, ce-tificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.049 A. National Nurses Week Proclamation -Mav 6 - 12, 2008 1 The Mayor read and presented the proclamation to Inez Fielding, Phyllis Burke, Sue Leonard. Ms. Fielding and Ms. Burke said there is a need for nurses. 08.050 B. National Police Week Proclamation -Mav 11 - 17, 2008 3 The Mayor read and presented the proclamation to Chief Davis. 08.051 C. National Historic Preservation Month Proclamation and Presentation by Harry Tanner 5 The Mayor read and presented the proclamation to Harry Tanner who spoke on the historical marking taking place in Sebastian. He invited everyone to a ceremony installing the first historical marker sign at the 1913 town hall building on US 1 and Washington Street on May 10th ;and the Historical Society's 100th birthday celebration/fundraiser/ historic walk at the 1904 George Braddock house on Louisiana Avenue on November Stn 2008. Mr. Tanner asked that the south City marker be moved over and away from the tree and a new marker be installed. The Mayor confirmed with the City Manager that this could happen. Mayor Coy stated April 27 to May 2 is National Volunteer Week and gave a sincere thank you to Gillian Dalberth, and Ellen Roughsedge who have manned the front desk at City Hall since October 2007, Karen Orth who volunteers in the Clerk's office, Ed Herlihy for his work on the airport website and all police volunteers. 08.013 D. Sebastian River High School Student Presentation -Crime and Drug Use PreventlOn (backup previously provided) Janine O'Brien, SRHS psychology teacher since 1994, explained she had heard over and over again that teens are bored which leads to destructive behaviors. She had challenged her students to come up with ideas to prevent boredom and presented the activities the students prepared with a power point presentation. 8. 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 will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-16 A. Approval of Minutes - 4/9/08 Regular Meeting DgAfT Regular City Council Meeting April 23, 2008 Page Three 08.022 B. Resolution R-08-05 - 2"d Quarter Budget Amendment (Finance Transmittal, 17-50 R-08-05, Memo, Status Reports, Schedule of Investments, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolff removed item B. MOTION by Ms. Simchick, SECOND by Mr. Neglia to approve item A of the consent agenda passed with a voice vote of 5-0. Item B Mr. Wolff directed attention to circle pages 38 and 39, noting a maturity date of May 5 for the $1.5 million with the Federal National Mortgage Association (also known as Fannie May), wanted to get staff thoughts on its use in light of sub-prime problems our country is experiencing and how the City Manager feels about investing that money again, whether he would go to Fannie May or an alternative location. The City Manager explained that the City has an investment committee and a financial consultant on retainer. He said all of the City's investments are losing interest right now and the number one thing staff will look for when reinvesting is #1 security and #2 interest. Mr. Wolff also noted on circle page 39 there is a $ .5 million note with National City, a bank which has been in the news lately due to some considerable losses. MOTION by Mr. Wolff, SECOND by Ms. Simchick to approve item B of the consent agenda passed with a voice vote of 5-0. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.047 A. Planning & Zoning Commission 51-57 (City Clerk Transmittal, Application, List, Ad) Fill One Regular Member Position -Term to Expire 2/1/2011 Mr. Srinivasan was not in attendance and Mayor Coy asked Council to put this off to the next meeting to have an interview with him. Mr. Paternoster asked if Council can establish a minimum residency time for applicants because a Planning and Zoning Commissioner will be making decisions that will affect the City's future. The City Attorney said that can be done by ordinance. It was the consensus of Council to have this agendized for the next meeting. Regular City Council Meeting April 23, 2008 Page Four 7:45 pm ~\~ „~-d 10. PUBLIC HEARINGS NOTE: A public hearing on transmittal of a proposed land use amendment for Shady Rest will be held after consideration of the annexation under New Business 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Wall Update (Engineering Transmittal, Memo) 59-64 The City Manager displayed a galvanized steel section and a vinyl section and he read a prepared statement. (see attached) Ms. Simchick asked if when the stormwater park is turned over, and we try to coordinate blueway trails further down the project, could we purchase lots for blueway trails with recreational impact fee monies. The City Manager said that is possible, that he hopes to lease as many lots as we can to open up canoe launches for the public and purchase lots as close to Hardee Park as possible, and would report back as we move closer to that endeavor. In response to Ms. Simchick, the City Manager explained how the contractors submitted their prices. Mr. Paternoster asked how thick the steel is, what it's chemical makeup is, and if it would develop a patina. The City Manager said the displayed section is a little bit thicker, and the specs require . ~ 69 inches. The City Engineer said it would be carbon steel, hot dipped galvanized molten steel, zinc coated and it would develop patina within a month. Mr. Paternoster asked how Atlantic Coastal got involved and the City Manager said they responded to the RFP. Mr. Paternoster asked if the Atlantic Coast packet should have been given to Council earlier. The City Manager explained at the time of the bid opening the companies bring an engineer with them and that packet is part of their RFP. Mr. Paternoster pointed out that we are in the process of installing quarter round for front yard swales and changing out galvanized steel pipes in driveways. The City Engineer said the driveway pipes are being changed to a composite material which is better than galvanized steel. Mr. Paternoster pointed out the reason they are being changed is because they are degrading, and asked why would we put in galvanized steel sea walls. The City Engineer explained the steel is stronger and won't require tie backs which will weaken the wall, the degrading process has yet to be determined but there should not be any maintenance for at least five years and when there is maintenance it can be done by City crews as opposed to the vinyl maintenance needed an outside contractor. Mr. Neglia noted the weep holes would need to be periodically cleaned out. !v 4 ~!~ ~T Regular City Council Meeting April 23, 2008 Page Five Mr. Wolff asked if the steel is sourced from China. The City Engineer responded that the contractor's response states the steel is from Shore Line Steel, Inc., fully manufactured in United States of America. Mayor Coy noted that if tie backs are used they could potentially intrude on the foundation of screened porches such as one recently approved by Council, and she is satisfied with staff responses. Ms. Simchick said she was surprised that Council received a four page summary fora $4 million job and five packets to decide an engineer for an earlier $180,000 job. Mayor Coy said individuals contacted her regarding an accelerated study the Army Corp of Engineers prepared and she noted that the report stated X, Y, Z was not studied. The City Manager clarified the report on vinyl was included in the ATL proposal which states it is susceptible to creeping, maintenance, fire, and vandalism. The City Manager stated staff is seeking a decision that cantilevered is best so staff can bring back a contract to the next meeting and if Council picks vinyl, staff will have to go back and rank the vinyl proposals. Mayor Coy asked the City Attorney if this is an administrative Council decision. The City Attorney replied it is an administrative decision that does have some significant policy exterior implications and he explained that staff takes proposals, analyses them, ranks them and then asks permission to negotiate with the top ranked firm. He said as member of committee, he hoped Council listened to tape because there were a lot of pointed questions, including if ultra-violet rays have an affect on vinyl which hasn't been around for a long time and they cannot definitely respond to. Mr. Paternoster suggested a workshop with both sides so Council has a clear understanding of the products. Mayor Coy asked for a show of hands of how many are here for this issue and suggested each Council member meet with the contractors to have their questions answered and then bring it back for public input. Ms. Simchick asked for the four proposals and a copy of the selection committee's tape. Mr. Wolff said he objected to the City Attorney's comment that the public should be heard in regard to aesthetics and the financial part would be administrative task, noting it is the City's largest capital improvement to date and the public should have input. He also objected to the engineer's opinion as being the only valid opinion as each of them has studied and weighed the information. He asked who has read the Army Corp of Engineers report from cover to cover and reminded the public that the Army Corp is responsible for New Orleans levies. He said he would be happy to go with a compromise and would like to hear from public. Mr. Neglia said he would like to hear from a vinyl engineer and a steel engineer and the public, but noted by doing this we are not putting our trust in our City staff. II Regular City Council Meeting April 23, 2008 Page Six 9:00 pm ~~. ;.. The City Manager asked that this be done as soon as possible but rather call it a special meeting because if it is a workshop they are shifting the ranking from staff to themselves and they would have to have a ranked result by the end of the meeting. Ms. Simchick directed everyone to the paragraph on circle page 60, " ...good faith negotiations with Custom Built Marine Constructions, Inc. have begun", and asked if the City needs to reimburse Custom Built for any work at this point. The City Manager said he used this clause incorrectly and the staff has not done anything that binds the City. He said staff will stop the process until Council comes back with a decision and ranking. MOTION Paternoster, SECOND by Ms. Simchick to hold a special meeting on April 30tH to include all the information Ms. Simchick requested, passed on a voice vote of 5-0. Mayor Coy called for a break at 9:01 p.m. and upon return at 9:15 p.m., all members were present. 08.030 B. Interlocal Service Boundary Agreement Update (City Attorney Transmittal) 65-93 The City Attorney stated the Interlocal Service Boundary Agreement (ISBA) group has been meeting for close to a year and the approach the group has taken is that they are there to work on a framework for whatever the policy decisions are going to be. He said each member was going to do an overview with their governmental bodies but then the County rejected the agreement. He said municipal staff members would like the elected officials to meet at this point. The City Manager said staff would like Council to give its position that they should meet with other government officials to discuss the status of ISBA, even though the County feels staff should continue to meet. Mayor Coy asked if anyone objected to the City Manager's request. Ms. Simchick stated she was at the County meeting and County staff did go to table questioning the withdrawal of Fellsmere's 22,000 acres and they had problem with Sebastian and Fellsmere's reserve areas. She said she asked a long time ago about water and this document only addresses annexation, height and density. The City Manager bought up water and said County staff didn't want to talk about water; only annexation and density. He said if this is sent back to staff it will continue to be bogged down and elected officials need to jump in and talk about planning for 20 years. Ms. Simchick heard the County feels they have been ignored and in her opinion, staff should go back and counter with water. The City Manager explained they are not proposing to send the elected officials back but that was the thought of the Urban Service Advisory Committee (USAC) which is the core settlement of ISBA. He said staff would like a joint meeting of the elected officials so the ~~ 6 t~ i°" ~ Regular City Council Meeting April 23, 2008 Page Seven officials can hammer out issues and put on table the issues staff failed to get into the agreement. The City Attorney said there are some issues that staff cannot decide such as the future boundary lines and he explained as far as water, outside the service area, the USAC would issue a report, it will be dealt with and County staff could deal with water. Ms. Simchick pointed out there is no Exhibit `C' describing USAC. The City Attorney said the exhibit will consist of meeting procedures but the nuts and bolts are in the agreement. After much discussion, the City Attorney suggested addressing boundary lines which is staff's biggest concern at the joint elected officials meeting. 9:30 pm MOTION by Mr. Neglia, SECOND by Mr. Paternoster to accept staff's recommendation to meet with the elected officials, focusing the meeting to only boundary lines passed on a voice vote of 5-0. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to move up item #13A. Shady Rest after item #C, passed on a voice vote of 5-0. 08.053 C. Indian River Community College Lease Renewal Report (City Manager Transmittal, 95-101 Lease, Letter, Data) The City Manager stated he has provided some spread sheets to show some costs, there is a $5,000 loss but that is probably acceptable and he recommended executing the lease for another year. Mr. Paternoster stated what the problem seems to be is that the old chamber, the old Growth Management Department and school house are on the same utility meter. The City Manager said it would be expensive to separate the meters out. Mr. Paternoster asked the City Manager to keep an eye on the utility costs. MOTION by Mr. Neglia, SECOND by Mr. Paternoster to accept staff's recommendation to renew the IRCC lease for another year. Ms. Simchick asked if public input would be allowed. Mayor Coy asked if this was an administrative decision and the City Attorney replied it was. Damien Gilliams stated the State is cutting their budget, we are in hard times--in eye of a storm and haven't seen anything yet. Roll call on the vote was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed ' /3 Regular City Council Meeting April 23, 2008 Page Eight 12. 13. 08.052 '~ .~ _ ~~ PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. NEW BUSINESS A. First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest (backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 10:20 pm The City Attorney read the title and stated this is a legislative matter and not quasi judicial and the discretion to annex lies strictly with Council. Warren Dill, representing applicants Ed Howland and Carole Wagner stated the applicants have owned the park for fifty years and Mr. Howland as well as the park manager was available for questions tonight. Mr. Dill pointed out the contiguous property on a map and asked that compassion be shown for the residents of Shady Rest, said the County has placed a serious burden on this property owner in that it can only be a mobile home park and the County will not allow RVs in mobile home parks which are needed to supplement the park's income. He continued to explain that Commissioner Wheeler is willing to work with staff to allow RVs but the problem is that the process takes a year to 18 months and the owner is currently breaking even. Mr. Dill said the residents suggested filling the vacancies with RV's and during the meeting break Mr. Howland deleted any percentage requirement of vacancies and stated he will keep the park open for a minimum of five years. MOTION by Mr. Paternoster, SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed with a voice vote of 5-0. The Growth Management Director stated staff has advocated the owner provide longer than required six month notice to move from the beginning, there would be no trigger if vacancy fell below a percentage, and RV's would be allowed. Public Comment Ken Lerby, 13225 US Hwy 1, said he has mixed feelings about this and it sounds like it's going to be all right. ,r 8 `f ~~~ ~, ~ ~. ~, Regular City Council Meeting April 23, 2008 Page Nine Ms. Simchick asked if Council voted for the annexation, how would that affect the agreement in the packet. The City Attorney explained this ordinance can be passed on first reading with the condition that the agreement be rewritten and final adoption will take place in a few months after review by the Department of Community Affairs (DCA). He also said the agreement could be on the next agenda with the condition that the park is annexed. Jane Adams asked if the park is annexed, does it mean the park stays for five years with RVs which is non-conforming with the City. She said she called DCA who said they would deny the RV's. The City Attorney said whether or not RVs are there is not within DCA's authority. Ms. Adams said if Mr. Howland wants it to remain a park why doesn't he keep it in the County. Mr. Paternoster asked for a show of hands for those who wanted the annexation with the amended agreement. There were about 20 citizens for the annexation and three wanted to stay in the County. Evelyn Rupp said if it is true Mr. Howland is going to give them five years she is all for it. Mr. Paternoster asked if during five year period the owner could sell the property. The City Attorney said the agreement would run with the land and a new owner would be subject to the agreement. Mr. Wolff asked what if he raises the rent. The City Attorney replied there are statutory restrictions for what owners can do with mobile home parks. Claire Ranahan, 13225 US Hwy 1, stated she is comfortable with five years. Diane Reynolds, who shares a lot with her mother, said she hopes the right decision is made for the people of Shady Rest. Ilene Flom said she heard there is a new prospectus being drawn up and the park might not remain a 55+ park, and that taxes will go up and be passed on to residents. Mayor Coy asked if taxes are passed through their rent. The City Attorney said that would be in their lease agreement. Gary Wheeler, Indian River County Commissioner, stated his concerns are the residents who should have an opportunity to digest this; they are not represented by an attorney, they may feel pressured to accept the five years as opposed to the six months; asked why Mr. Howland is changing to commercial riverfront which might be in non-compliance if he wants to remain a park. He reminded Council that a few years back, there was a straw ballot that voters didn't want residential annexation. ' 15 Regular City Council Meeting April 23, 2008 Page Ten .~ £' L 2 ~~ ~ 1 !B. fF ~B ~:N t Mr. Wheeler also said they were sold a lifestyle not just a mobile home, it is very difficult to displace older residents and at a minimum they need time to discuss and think with a clear head. (For the record, the straw ballot result opposed any annexation) Edward Howland, owner of the park for 22 years stated he didn't raise the rent when the hurricanes came through, he does not pass through capital improvement expenses or taxes, and he is very sincere with the five year agreement. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward. The City Attorney asked the motion to include the next item in the continuation. Mr. Dill, attorney for the petitioner, requested a continuation date of June 11tH. Mr. Paternoster and Ms. Simchick agreed to amend the motion to include continuation of the Public Hearing for Ordinance No. 0-08-02 (land use change) as well to June 11tH 2008. (Editor's note -The first reading of Ordinance No. 0-08-03 (rezoning), due to it's relation to these two ordinances, will automatically carry to the June 11, 2008 meeting as well because it cannot be addressed or acted upon prior to the annexation and land use issues -Sally Maio, City Clerk) The motion carried with a voice vote of 5-0. 13. PUBLIC HEARING 08.052 B. First Reading and Transmittal Hearing Ordinance No. 0-08-02 -Land Use - Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES ,MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 08.052 C. First Reading Ordinance No. 0-08-03 -Rezoning -Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres -Commercial Riverfront Zoning (backup provided under separate cover) i~ .., E~~_ . «._ .~_ ~~ Regular City Council Meeting April 23; 2008 Page Eleven AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The following items will be carried forward to the May 14th, 2008 Regular City Council Meeting: 08.054 D. Land Development Code Business Sign Change Recommendations (GMD 103-107 Transmittal, Memo) 08.055 E. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, 109-134 Memo, Plan, Maps, Letter, Q & A from Developer's book) 08.031 F. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint 131-140 Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.056 G. Resolution R-08-06 -Florida Forever (City Manager Transmittal, Resolution) 141-143 A RESOLUTION OF THE CITY OF SEBASTIAN, SUPPORTING THE CREATION AND FUNDING BY THE FLORIDA LEGISLATURE A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER LAND CONSERVATION PROGRAM; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO STATE LEADERS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN i~ r~ ~, ~~ ~ ;. I$ E cmoF ~~` ,- HOME OF PELICAN ISLAND ' ,`, sd ~.~.~ SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, APRIL 30, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 where public input allowed The Mayor called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Police Lieutenant, Bob Lockhart Airport Director, Joe Griffin Mayor Coy asked that one representative of each of the four contractors give a presentation. It was the consensus of Council to set a time limit of 20 minutes with a motion needed to extend for five minutes. 19 Special City Council Meeting April 30, 2008 Page Two ,~„A , t: The City Attorney stated the perceived direction was to have special meeting on material, not the contractors. The City Manager suggested the Engineer of Record, CDM start out with their role in the project and then proceed to the contractors alphabetically. 4. PROPONENT INPUT ON WALL MATERIAL CDM 8:05 pm Eric Grotke, PE, CDM, City's Engineering Firm of Record, gave a brief overview stating the dredging of the canal is one of the projects identified in the 2001 Stormwater Master Plan and explained the dredging would compromise the existing seawalls which Council decided to replace with rip rap rock in 2005 and during that bid process it was shown that steel could be done just as cost effective. Mr. Grotke said CDM was involved in the design criteria. Thomas Nichols, Engineer, stated both products will work and have a lot in common although steel is stronger. He strongly recommended against reusing the old tie backs as they will be 80 years old at maturity and the design should be something that is predictable. Council discussion followed on the life span of the materials, trouble areas could be on private property with tie backs, the space between the existing and new wall, if the wall will hold when a tieback fails, the grade of steel, which areas are to be welded, if the weep holes will leak asbestos, driving the steel into soft or hard soil, what kind of cap should be used, the design-build process, disturbing the property owners during construction, reusing the existing tiebacks, differences in the wall height, vinyl wall bowing, and the fact that the material and design was up to each bidder to choose. ATL Robert Okuna, Vice President of Operations, thanked Council for the opportunity to bid for the job. Maria Tixen, Public Relations Manager, said ATL has been in business for 30 years and this is the second time they have tried to provide services to Sebastian. 2.0 2 ,or - ~ "~M Special City Council Meeting April 30, 2008 Page Three Mike Yates, Director of Engineering, CMI, (vinyl supplier) said he was there to answer questions, said tieback anchors take the load so a lighter material can be used, tiebacks are more safe if soil is softer, all materials will creep if there is continuous overload for a considerable amount of time, and a cantilever wall should be heavier. Dr. William Stoddard, Schulke, Bittle, & Stoddard, LLC, said he has designed many feet of seawall, chose vinyl based on experience and load, cantilever is better where there is no room, preferred tiebacks because it is similar to balcony with columns--chance of failure can go to another section to prevent total failure, manta ray anchors will be used, and in situations of property encroachment, the wall will be put out further and anchored. Council discussion followed on the warranty which does not cover accidents, acts of God, normal wear and tear, holes; installation of tiebacks; asbestos control for the tiebacks; ultra violent deterioration; affects of fertilizer; replacing sections; hurricane resistance; identified top two selling points--longevity of material and lower cost; leaching factor; and what material is to be used in between existing wall and new wall--gravel wrapped in fabric. Mayor Coy called for a break at 8:47 p.m. and all members returned at 9:02 p.m. Custom Built Marine Construction, Inc. Dave Corrigan, President, said there is less than 10 feet available for anchors so he went to cantilever, steel was best price to submit for the bid, bridges will have 6 feet of exposed wall, steel can drive through roots, knows of steel that has been functioning for 65-70 years, steel is the best product and there will no equipment on resident's properties. Lane Koslow, Engineer with Piling Products (vinyl supplier) doing business for 25 years, showed a piece of vinyl and said having the sheets in the sun during installation will be a potential problem. Council discussion followed on how the steel will effect the environment, corrosion rate which is noted on page 17 of Mr. Koslow's handout, the wall longevity should be 59-60 years, the City's liability if the tiebacks encroach on private property, the new wall would encapsulate the failing wall, cantilevered steel can hold 80 times more than vinyl, there would be a five year installation warranty from everything under normal circumstances, caps are a decorative option for steel walls, the galvanization is electrified into the steel, where there is welding it would be recoated with zinc, why non-galvanized steel culverts rot out, ZI Special City Council Meeting April 30, 2008 Page Four ,..:~ the possibility that the cap which adds height to the wall will change the drainage on people's back yards--would be addressed during construction design, and the steel should be maintenance-free for 15 years, if not longer. S.E. Cline Construction Hap Cameron, Vice President said cantilever design is the most expensive, suggested using the existing tiebacks and vinyl for value engineering, his bid would be $45,000 more if tiebacks are replaced, his engineer designs and takes warranty responsible, and the shape of the material gives it strength. Carl Hazenberg, Engineer, Everlast Synthetic Products, said in his opinion the steel doesn't meet the RFP requirements, his sheets will be longer than the steel sheets, the steel should be thicker to account for corrosion, and corrosion is more prominent in oxygen environment. Council discussion covered the 50 year warranty, the coating on steel is compromised at interlocks during the driving, the asbestos would be wet down and be four feet below the finished line, the dead man anchor has to be placed behind the failure plane so shorter tiebacks would not be possible, and the submitted drawings are to scale. MOTION by Mr. Neglia and SECOND by Ms. Simchick to continue the meeting to 11:00 p.m. passed on a voice vote of 5-0. Ms. Simchick read an excerpt from an a-mail stating good faith negotiations already began with Custom Built Marine and apologized to Mr. Cameron. Council discussion continued on the 50 year product warranty, a five year installation warranty, cleaned dredged sand will go in between the existing and new wall, and the weep hole will drain six inches above normal water level. Mr. Hazenberg stated the warped vinyl on display looked to be a factory reject or suffered under a load, not the sun. He passed out a vinyl section that S.E. Cline would be using. 5. PUBLIC INPUT Chuck Lever asked if the steel is so much better, why have they replaced it with vinyl in NJ, NC and FL locations. Dean Quick said he would like a concrete cap so the kids that fish won't get burnt and the contractor could access the canal by his property. ZZ 4 Special City Council Meeting April 30, 2008 Page Five ~_ ^'.~ .<,~.~ "F'+ -. Bill Bodon said vinyl will have a long and happy life and a plan should be implemented for the future planting of palm and oaks trees by homeowners. Sam Spear, 518 Layport Drive, said children will get burned on a steel cap and he favored the vinyl wall. Harvey Wheeler, Sea House Street, asked Dr. Stoddard why the manta ray anchor will be used and if a concrete cap used, could the anchor be smaller and use less easement. Dr. Stoddard said the chosen anchors resist the load, it is economical, and must be anchored behind the failure plane. Vic Klein, 719 Wimbrow, said using the existing tiebacks won't be a problem and to go with the low bidder. Damien Gilliams, stated he was appalled that 20 minutes was saved for the public out of the whole night. Greg Golean, 711 Wimbrow Drive, would like to see vinyl used. 6. COUNCIL DELIBERATION Mayor Coy suggested taking a poll for vinyl or steel. The City Manager recommended the following options: -if Council would like vinyl, suggested rebidding with vinyl specs -Council could go with Custom Built tonight -Council could pick the best vinyl contractor tonight and have staff negotiate a contract -have staff pick a vinyl contractor and come back to Council for ranking The City Attorney advised that if a vinyl contractor is chosen, there will probably be a claim from another contractor because the system has been adulterated. Mr. Paternoster asked if this could have nipped in the bud and the City Attorney said the cat was out of bag by the time staff was aware of all of the contractor lobbying efforts. Mr. Paternoster said he favored vinyl. Mr. Wolff asked how could Council give the largest city contract to date to one single bidder. 5 Z3 Special City Council Meeting April 30, 2008 Page Six The City Manager stated the process needs to be reviewed, we shifted from rock to wall and to save money, we let the market place dictate what to use, if we had started from day one, the project engineers would dictate what to use and we wouldn't see the material compete, we didn't want to spend money on more specs; which was expedient and to meet the public demand to go to a better project. Mr. Paternoster asked why vinyl wasn't ranked. The City Manager said steel was best option. He said if the project is rebid we might lose the good steel price, and will probably definitely lose the rip rap quotes soon. 7. ACTION Due to the time being 11:00, the meeting will carry forward as the first item on the May 14th, 2008 Regular City Council Meeting agenda. 8. Mayor Coy adjourned the meeting at 11:00 p.m. z~ 6 rMr. ~' w•"'w 4 C~~L ~T T iii.~i'60'"57'Q •5~'Ad"E.~"1~'IJ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Yacht Club Boat Ramp and Road Agenda No. (~ ~. ~ ~ ~ Closures for Independence Day Celebration Department Origin: ~,n,w ~~-(:e,,,..~y Finance Director: Approved for Submittal by: City Manager City Attorney: City Clerk• Date Submitted: May 5, 2008 Alfre 'nner For Agenda of: May 14, 2008 Exhibits: None EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY Staff has met with representatives from the Lions Club to discuss logistics for this year's Independence Day Celebration. The Yacht Club boat ramp and certain road closures are required at different times to accommodate the parade and fireworks on Friday, July 4, 2008. The Yacht Club boat ramp needs to be closed from SPM Thursday, 7/3/08 until lAM Saturday 7/5/08. The road closures necessary are: Indian River Dr. from Jackson Street south to the southern City limits and Davis Street from North Central Avenue east to Indian River Drive from 5:30AM until the crowds disperse after the parade. Indian River Drive from Coolidge Street south to Harrison Street as the crowds arrive for the fireworks until 11:OOPM. Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until 11:OOPM. RECOMMENDED ACTION Move to approve the following road closures on Friday, July 4, 2008: Indian River Drive from Jackson Street south to the southern City limits from 5:30AM until the crowds disperse after the parade. Davis Street from North Central Avenue east to Indian River Drive from 5:30AM until the crowds disperse after the parade. Indian River Drive from Coolidge Street south to Harrison Street as crowds arrive for fireworks until 11:OOPM Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until 11:OOPM. Move to approve closing the Yacht Club boat ramp from SPM Thursday 7/3/08 until lAM Saturday 7/5/08. Z5 2 (v ~~ a i. f A ~ {, _ ..J. ~+~r~ ~ ~11F34d~ `\,~S .•. ~~L2'L.~~ ~>.T'itA'L.B'L ii CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Sebastian River Art Agenda No. (7 ~j~ Q (p Club's Art Show Dates for 2008 - 2009 at Riverview Park. Department Origin: ~.~,:,,..,'~i~~C. ~~ Finance Directo Ap rove for Submittal by: City Manager City Attorney: j City Clerk: ~~~~ Date Submitted: May 5, 2008 d inner For Agenda of: May 14, 2008 Exhibits: Application and Letter from Club. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Sebastian River Art Club is seeking Council approval for its Art Show Schedule for 2008 - 2009 at Riverview Park. The Sebastian River Art Club has had shows at Riverview Park for many years and has worked well with the City. The attached information brochure details the Club's activities in the community. In light of all the community activities the Club is involved with, staff is again recommending cutting all applicable fees by 50%, which Council approved the past three years. This year's show dates are November 15, 2008, December 13, 2008, January 17, 2009, February 21 & 22, 2009, March 21, 2009 and April 11, 2009. Shows are from 10 AM until 4 PM at Riverview Park. Rain dates for this year's shows are the immediate Sunday after each show. Rain date shows are from Noon unti14:30 PM. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Sebastian River Art Club's Shows at Riverview Park from 10 AM until 4 PM on 11/15/08, 12/13/08, 01/17/09, 02/21 & 22/09, 03 /21 /09 and 04/ 11 /09. Move to approve rain dates for Sebastian River Art Club's Shows at Riverview Park from Noon until 4:30 PM on 11/16/08 12/14/08, 01/18/09, 03/22/09 and 04/12/09. z~ • /~~~ Sebastian River Art Club ~ PO. Box 780534, Sebastian, FL 32958 Mary E. Rahmig, President Marlene M~field, Secretary Richard Gillmor, Vice President Judy McNamara, Treasurer Alice Russell, Publicity April 3, 2008 Mr. Chris McCarthy, Director Sebastian City Public Works Department Airport Administration Building 300 W. Airport Drive Sebastian, FL 32958 Dear Chris: Thank you for your help and cooperation over the past year. It is once again time for the Sebastian River Art Club to apply for a permit to hold art exhibits in Riverview Park for the 2008/2009 season. Our preferred dates are as follows: NOVEMBER 15, 2008 DECEMBER 13, 2008 JANUARY 17, 2009 FEBRUARY 21 & 22, 2009 MARCH 21, 2009 APRIL 1 ~, 2009 All dates are on Saturdays with the exception of February which is a Saturday and Sunday show. All shows are held between 10:00 AM and 4:00 PM. If necessary all rain dates will be the following day, Sunday. We wish to continue our set-up nearest to Route 1, along the walking path. We have no objections to another small function being run simultaneously on the eastern side of the Park. It is our hope that the Council will once again grant us a 50% permit waiver in consideration for the Club's charitable and community contributions. Again thank yo» far yni~r help and rPr.~mmPndatinn to the (pity C`.n-~nril to ~ nt sic thPeP dates, and the waiver. Sincerely, Mary .Rahmig President Z~' ZiTY pg ~._ - . .-c-~'~~~,w a~on~n o~ ~P~L7CAI~d BSf1A1VD 1225 lriain Street, Sebastian, Ft 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPL ICA TI4N )Park Event - 50 to 300 Attendees ~ 50.00 Application/Permit Eee Please check the appropriate Box: or Special Event - 301 or More Attendees ~I00.00 Application Fee Date : p~ ~~ Name of Permittee:~~/g~~%/1g~/ ~/,j~~-~ ~~" Gs ~~ Permits Hay 6nly be issued in the Name of an Adult or Legally organized Organization Address.: Mailing Address: Telephone:. ~~.7-3~~-~~'Li/~ Name of Organization or Group :.JL`~~~//~/1~ ~~ ~~r- L Reason for Use: ~,~/ / Requested Date(s)/~ap~ _~~C /3 dpDB' ~ S~1J /7 appy _ F~~ a~£aao~pD9 Rain Date: , _ Time of Use: From:f~/gjy To: -- .3f7~Gd T//~~ /Di/'- L~/,J~ Wilt there be any sate of goads? Yes ~ No If yes, please describe type of goods an back. -- Food or other types of vendors? Yes No ~ If yes, please list name, address and type of vendors and. schematic of any structures to be erected or otherwise assembled on back: I° ~~~~ ~~ ~ ~~~t~/~ the undersigned, acknowledge that I am the dppllCant Or the authorized agant of tha appli`unt i further dCknowled~e that I am aware of the provisions of the City ofi Sebastian Codes in respect to this application and the use of the City facilities for which I have applied fcr a per~~~it to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit.. Applic /Agent Signatur Office Use Only: Permit Fee Paid Date Initials Zq Park Application Continued - If Required LI~L o.. veuuu~ iniurma~~on anaior scnemaLlcs on this a e. NAME ADDRESS TYPE Schematic: urrlLC u~t uiv~T: ~pec~a~ ~ona~t~ons or rermiz as Kequested by City Mana 30 .w. Y +2 3 City of Sebastian, Florida Subject: Approval for Treasure Coast Agenda No. ~~,dr9 ~~ Crafters Club Craft Show at Riverview Park on December 20 8~ 21, 2008. Department Origin: ~ ~~t.cC~~....~ Finance Direct Approved for Submittal by: City Attorney: Alf ed inner, City Manager City Clerk: ~'1,,~~- Date Submitted: May 5, 2008 For Agenda of: May 14, 2008 Exhibits: Park Use Permit Application EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Background The Treasure Coast Crafters Club is seeking Council approval for a two day Craft Show at Riverview Park. The shows would be on December 20 & 21, 2008 from 9 AM until 4 PM. Staff has met with representatives from Treasure Coast Crafters and received full payment for their show. Treasure Coast Craft Club makes charitable contributions to local organizations. They expect to have 20 to 30 exhibitors and only use the west end of the Park by U.S. 1. This will be the seventh year the Treasure Coast Crafters has held a show at Riverview Park. They work well with staff and we have had no problems at all with their event. SUMMARY Move to approve Treasure Coast Crafters Club Craft Shows on December 20 & 21, 2008 from 9 AM until 4 PM at Riverview Park. 31' riiY OF ~-90816E ~F ` Pi:LiCAN BSE~ND 1225 fain Street. Sebastian, Fl 32958 Telephone (772)589-5330 - Fax (772)589-5570 crTY of sEaASTIAn~ PARK USE PERMIT APPLICATION, Please check the appropriate Box: Fark Event - 50 to 300 Attendees 50.00 Application/Permit Fee Date : I"T ~/~-1~ ~~0 ~~ Special Event- 301 or More Attendees ~I00.00 Application Fee 3z Name of Permi ttee : ,~~'~~ /~,~ Lid /~-C- ~~~~c~~ i.r Permits Kay Only be issue in t)te Name of an Adult or Legally Organized Organization Address.: X or '~~~~ s Mailing Address : x •~ ~•5S c.J 4J L !~ . JV ~~. ~i9~/'L C PSI, 7 ~ 31~/~~"3 Telephone:_x ~7Z ..~Ofa•~'~• Cl~°~(o Name of Organization or Group: l ~~~~~~~ ~~ ~~}"~~,~ ~ ~ ~~ C~ . S~ - _ _ Reason for Use: ~ ~~/~~ ~~'~Qt-~ Requested Date(s) ~~~~~,~/P ~~ ~~~~ a,t„,~e~0 Rain Dater Time of Use: From: ~r~~i~i~To: ~~~ Wilt there be any sate of goods? Yes ~1~ No If yes, please describe type of goods on back. ~~ Fooc! or other types of vendors? Yes ~ No If yes, please list name, address and type of vendors and_ schematic of any structur s to be erected or otherwise assembled on back. I,~ X17 the undersigned, acknowledge that I am the a^^l icant or tiie aLithnr zed aaont ~f the applicant. i +H I 7 ,-1 YN `~!~ b furuier aC~iivi^i~2ug2 that I am aware of the/ provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied fora permit to allow a Fark Event or a Special event. I have made myself familiar with the general rules and julat ons prescribed by the City and agree to the terms of the permit. X t/Agent Office Use Only: Permit fee Paid Dale Initials Park Application Continued - If Required Schematic: t~ ~/ ~~ / .y` ~' ~ i'1 %/ ~ ~f~ OFFICE USE ONLY: S ecial Conditions of Permit as Requested by Cit Manager 33 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 6 0 6 ~ Name~..~ -~ F`T'C ^ Cash Date ~ti"}'"1~ ~ ~ ~~~%~~ heck # ~~ ~ Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit-Com. Center 001001 220000 Security Deposit-Yacht Club 001501 322900 Garage Sale Permit 001501 329500 Alarm Citation 001501341920 Copies 001501 351140 Parking Citation 001501 354100 Code Enforcement Fines 001501 342100 Police Security Services 001501 359000 Other Fines/Forfeitures 001501 362100 Rent-Royalties/Com. Center 001501 362100 Rent/Royalties/Yacht Club 001501 362150 P~a']rk Rent / Pavilion/Elect ~ ~ Q~ }} ~~ ,~r~~V'~Z~i~~$ ~ 001501 369900 Other Miscellaneous Revenue ~"' "' ~~~'~'-~`~._ Total Paid ~ ~ . ~ ~ Initials White -Dept. of Origin Yellow -Finance Pink -Applicant 34 ~~ ~~~~~~ ., ... HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fill One Expired Regular Member Agenda No. (~ ~. ~ ~' 7 Position on the Planning and Zoning Commission Department Ori ' ty Clerk ~r'~ City Attorney: App ove o Submittal by: City Manager ' Date Submitted: 4/28/08 For Agenda of: 5/14/08 Ex its: application, board member list, ad SUMMARY Mr. Paul's term has expired. He would like to serve again and is eligible to do so. RECOM1VlENDED ACTION 1 -Interview unless waived and nominate one applicant for the regular member position with term to expire May 1St, 2011. 35 ~~ank ~Q9e arvoF _ - r ~ ; HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ~, ,°~ ~' IZ ~ r~ ~ i~ S' . ~ v L HOME ADDRESS: / ? a ~ -,~'~, ~ S~ ~-- ~ ~ ~ S` ~~s ~ - HOME PHONE: ~~~.3 Via'- ~ ~ 3 7 HOME FAX: ~ J~ -3~':~ _3 g.~~ -~ E-MAIL: ~/av~ ~~y J~~'Z. t S ~ ~ n! i= BUSINESS: ,,.~ryry -r '"' /T,~f y / /~i ~t 7G. YG~zL o ~c1 ~i'aG rc i BUSINESS ADDRESS: ~©~, ~~,~ ~ ~ l ~ ~ `, ~~ L` ® o BUSINESS PHONE:.~.~~,.~n~Ers yv USINESS FAX: E-MAIL: [ ~~~-5~r~ ~ ~~ r ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ;I,G,s HOW LONG? ~ ~~1. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Nfl DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? 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 COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CONSTRUCTION BOARD (perrnanent board -meets once a month)* ,, HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meetsquarteriy) ,~--_ PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* ~' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once amonth) =-~ NATURAL RESOURCES BOARD (permanent board-meets once a month) }.~ OTHER TEMPORARY COMMITTEE (if applicable) cz~ (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment ~ CA W r ~.~ <? --a r- 37 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)_ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ,~ /~ ,-J ~ ;r.1 , ~ ~ .D ~ i ~< ~c ~ v C,~ .J ~ , •,1 J ~ i z~ S ~",2, frc Tic LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: y HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? i~!` 0 ,HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? r' o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ 0 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the 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 requested in this application is cause for disqualification. I have been provided with, read and understand City of Se (attached). Information relative to a specific board or com me who as :bastian ode of Ordinances Sections 2-166 through 2-173 mi : available if reque ili Signature //~~ ~~/~~~ day of OC~ ~, by or has produced "~a, Linda M. Lohsl Commission # DD555905 ~ Expires June 18, 2010 OF fi.~ oanAed Troy fMn • NMKNG, NIG EOD•Jtl6~7019 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 7/2007 38 PLANNING ~ ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLETED [MOST RECENT HISTORY FIRST] Brian Blais Took Keough's unexpired Term to 241 Easy Street position expire Sebastian, FL 11/1/2010 32958 646-0525 Charles Cardinale Took Celli's regular member Term to 474 Thomas Street position on 4/26/06 expire Sebastian, FL 4/1/2011 32958 581-9917 Larry Paul Reappointed 5/11/05 Term to 1701 Sunset Lane ex Sebastian, Florida Took Blessing's Unexpired 5/1/2008 32958 Regular Member Position 388-0937 4/28/04 Took Mahoney's unexpired Term to vacant position expire 2/1 /2011 William Simmons Took Mr. Smith's unex fired p Term to 509 Drawdy Way regular member positions 2/22/06 expire 6/1/2009 Sebastian, FL 32958 Reappointed alternate member 589-9826 position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1 /28/04 Hank Buchanan Reappointed regular member Term to 1101 Landsdowne 4/11/07 expire Drive Sebastian, FL 6/1/2010 32958 Took Oakes' unexpired regular 388-5397 member term 1/24/07 Took Oake's Unexpired Alternate Member Position 10/12/05 z~v~ /i cv~ 4. /7 ~//1 Q VJ(.iVt ( / 1V/ VC, 39 Ed Dodd Took Allocco's unexpired Term to 906 Fleming Street position expire Sebastian, FL 11/1/2008 32958 388-5440 vacant Term to expire 11/2010 vacant Term to expire 1/1/2011 Staff Liaison -Growth Management Director rzev~se~' -~/z~/o~ Welcome to the C;rty of Sebastian -Home of Yehcan Island, the first Wildhte Ketuge i... Yage 1 of 1 S The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources Board Regular Member -Term to Expire 7/ 1 /2009 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31 /2008 Alternate Member -Term to Expire 5/31/2009 Alternate Member -Term to Expire 5/31/2008 Plannin Regular Member -Term to Expire 5/1/2011__,,,) -I~egu ar Member -Term to Expire 2/1/2011 Alternate Member -Term to Expire 11/1/2010 Alternate Member -Term to Expire 1 /1 /2011 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. 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 WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL FILLED. http://www.cityofsebastian.org/Boards_Committees.htm 4/28/2008 41 ~aJ i i i ~~ E~~'1 -~-.~~ HOME OF PELICAN ISLAND .~~~~3~a~~~~~ Subject: Vacant Regular Member Position Agenda No: Q ~, D~ 7 on the Planning & Zoning Commission Ap rov r Submittal by: • Department O ' in: City Clerk's Office City Attorney. Date Submitte :4/4/08 it a ager For Agenda of: 4,~ ~// ~{ ~ d Exhibits: application, ad, board member list /Y1 i Hutt! S ~ KC.~r'{~'f Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT This position has been vacant and advertised since Mr. Mahoney's passing earlier I this year. t1 RECOMMENDED ACTION Interview, unless waived and submit nominations to fill the vacant regular member ~ position set to expire February 1, 2011. ~ 1 i __. 4 ~F3 bla~,k ~ag~- 44 04/04/08 1.1:18 FAX 7729785090 __ V.B. POIi'ER PLANT x]001 aaor HOME OF PELICAN ISLAND NAME: F Lpl~l{ ~R 1 1 .C J ~ ~ t~ ~ ~~~ ~ - HOMI=AIIDRESS: /'~~L~ ~/4~,,~pWnl~ .Uj+~ _ HOME PI ION ~$~ ~~ HOME FAX ~c ~$~ .~3/gE-MAIL S` 3.~ ~ D b 9S G emu,, J~FIyH`+SKtrKrl-as~v~~~'~'~'~' BusINE~ S: ~~'~- q~8 .~'p BUSINE~ S ADDRESS: ~'~-~ ~~., ~~~,~. BUSINE: S PHONE: BUSINESS FAX: E-MAIL: ARE. YOI I A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? / ~- ~f0~r-h~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /~/~~ DO YOU PRF_SENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH E ~OARDS/COMMITTEES'? ~~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER 7F PREFERENCE WITH FIRST CHOICE BEING #1: ( HARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets noxt in 201 ?) ~g t ITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) c QNSTRUCTION BOARD (permanent board -meets once a month)` I ANDICAPPED SELF-EVALUATION COMMITTEE (permanent board ~ meets quarterly) I CANNING AND ZONING COMMISSION (permanent boarr!- meets twice a mvrrth)r I OLICE RETIREMENT BQARD OF TRUSTEES (permanent statutory board meets quarterly)' I ARKS ~ RECREATION ADVISORY COMMITTEE (permanentboard -meets once a month) I IATURAL RESOURGES 60ARD (permanent board -- meets once a month) ~r -THER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Fling of fir sn~lal disclosure is required following appointment rE-~" ~f5 04/04/08 11:19 FAX 7729785090 V.B. POWER PLANT ~ 002 APPLICP BLE EDUCATION AND/OR EXPERIENCE: (a beef resume is required) n- I ~ Ex.r -tiy ~ -~~-~Ae ~. .~ ~ ~ M ~~ s ~~ ~ ~`!~~ V ~ HOW We 1ULD YOUR EXPERIENCE BENEFIT THE BOARp YOU'RE APPLYING FOR? ~vr ~ c ~ r~~/s+a kwy 0 w ~"Af F p F 'gyp C.~4-~- /yV•v C/lA~t-~ ~ ~ Ise H ~MpGs.-e ~r -r ~-7 ~ o ~v , l!~ r{ ~~ ~ "r f LIST A~ Y ADDITIONAL (QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE Y~ )U EVER BEEN~C`ONVICTED OF ANY FELONY IN THIS QR ANY STATE? HAVE Y~ )U EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITI 1DE IN THIS OR ANY STATE? ~ O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABI~VE ~ ~~ I hereby Cer ify that I am qualfied to hold the position far which this application is made. Further, l hereby authorize the City of ~ ebastian to investigate the #ruthfulness of all information which I have provided in this application. I understand hat any misrepresentation or omission of information requested in this application is cause for disqualificat on. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). nformation relative to a specific board or commie is available ff requested. Applicant signature F~ Subscribed and sworn to before me this day of ~ by _ who is personally known to me, yr has produced as identification. Notary Pub c, Slate of Florida P ease return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 -(772) 589-5330 \wp-formlaF plicat.wpd rev. 7/200 ~~ Welcome to the City of Sebastian -Home of Pelican Island, the first Wildlife Refuge i... Page I of 1 PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources_Board Regular Member -Term to Expire 7/1/2009 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31/2011 Regular Member -Term to Expire 5/31/2011 Alternate Member -Term to Expire 5/31/2009 Alternate Member -Term to Expire 5/31/2011 Planning & Zoning Commission Re ular Member -Term to Expire 5/1/2011 Regular Member -Term to Expire 2/1/2011 ternate em er - erm o xpire 1 0 Alternate Member -Term to Expire 1/1/2011 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. 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 WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL FILLED. a~ http://www.cityofsebastian.org/Boards_Committees.htm 5/8/2008 ~B PLANNING 8~ ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLETED [MOST RECENT HISTORY FIRST] Brian Blais Took Keough's unexpired Term to 241 Easy Street position expire Sebastian, FL 11/1/2010 32958 646-0525 Charles Cardinale Took Celli's regular member Term to 474 Thomas Street position on 4/26/06 expire Sebastian, FL 4/1/2011 32958 581-9917 Larry Paul Reappointed 5/11/05 Term to 1701 Sunset Lane expire Sebastian, Florida Took Blessing's Unexpired 5/1/2008 32958 Regular Member Position 388-0937 4/28/04 Took Mahoney's unexpired Term o - vacant position expire 2/1/2011 William Simmons Took Mr. Smith's unex fired p Term to 509 Drawdy Way regular member positions 2/22/06 expire 6/1/2009 Sebastian, FL 32958 Reappointed alternate member 589-9826 position 1 /12/05 Took Seeley's Unexpired Alternate Member Positions 1 /28/04 Hank Buchanan Reappointed regular member Term to 1101 Landsdowne 4/11/07 expire Drive Sebastian, FL 6/1/2010 32958 Took Oakes' unexpired regular 388-5397 member term 1/24/07 Took Oake's Unexpired Alternate Member Position 10/12/05 Ed Dodd Took Allocco's unexpired Term to 906 Fleming Street position expire Sebastian, FL 11/1/2008 32958 388-5440 vacant Term to expire 11/2010 vacant Term to expire 1/1/2011 5d Staff Liaison -Growth Regular City Council Meeting April 23, 2008 Page Three 08.022 B. Resolution R-08-05 - 2"d Quarter Budget Amendment (Finance Transmittal, 17-50 R-08-05, Memo, Status Reports, Schedule of Investments, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolff removed item B. MOTION by Ms. Simchick, SECOND by Mr. Neglia to approve item A of the consent agenda passed with a voice vote of 5-0. Item B Mr. Wolff directed attention to circle pages 38 and 39, noting a maturity date of May 5 for the $1.5 million with the Federal National Mortgage Association (also known as Fannie May), wanted to get staff thoughts on its use in light of sub-prime problems our country is experiencing and how the City Manager feels about investing that money again, whether he would go to Fannie May or an alternative location. The City Manager explained that the City has an investment committee and a financial consultant on retainer. He said all of the City's investments are losing interest right now and the number one thing staff will look for when reinvesting is #1 security and #2 interest. Mr. Wolff also noted on circle page 39 there is a $ .5 million note with National City, a bank which has been in the news lately due to some considerable losses. MOTION by Mr. Wolff, SECOND by Ms. Simchick to approve item B of the consent agenda passed with a voice vote of 5-0. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.047 A. Planning & Zoning Commission 51-57 (City Clerk Transmittal, Application, List, Ad) i. Fill One Regular Member Position -Term to Expire 2/1/2011 Mr. Srinivasan was not in attendance and Mayor Coy asked Council to put this off to the next meeting to have an interview with him. Mr. Paternoster asked if Council can establish a minimum residency time for applicants because a Planning and Zoning Commissioner will be making decisions that will affect the City's future. The City Attorney said that can be done by ordinance. It was the consensus of Council to have this agendized for the next meeting. ' 5i 5~ ~~ HOME t7F YEGIG4N ISWVD AGENDA TRANSMITTAL Subject: Agenda No. C~ ~, d (~ 3 BARBE /SCHUMANN FUNDING UPDATE Department Origin: Council City Attorney: A prov Submittal by: City Clerk: Date Submitted: 8 Mav 08 ne , Cit Mana er Exhibits: N/A EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY In an effort to seek state and other funding for community projects, Councilmember Dale Simchick has had much communication with Representative Ralph Poppell and Florida Department of Transportation District 4 Secretary James Wolfe. In so doing, Representative Poppell has been very instrumental in helping the City investigate the potential of securing funding for the proposed Barber/Schumann intersection improvements from the FDOT, via the Local Government Advancement Program. This program would potentially enable the City and Indian River County to receive reimbursement for this program in out-years, if funding and execution of the road project is begun by local jurisdictions. This program is federally funded. In order to move forward with this program Phil Matson and Bob Keating have also be contacted. These contacts have been made because as a requirement of the Local Government Advancement Program assistance and cooperation from the Indian River County MPO is required. The MPO must agree to funding cycles and ranking the project. Ranking the Barber/Schumann intersection may have some funding hurdles for the local MPO by negatively effecting projects currently funded with Congestion, Mitigation, Process Funds (CMP Funds) or by needing Highway Capacity funds targeted elsewhere in our district (such as C.R. 510). These type of funds would need to be shifted now in order to fund Barber/Schumann. Should the City cover the project costs completely, MPO support will still be required in way of ranking the project. Phil Matson and Bob Keating will be evaluating this proposal at the County level and will be reporting back their recommendation concerning moving forward with this opportunity or another plan to help move this project forward. I have been asked by Councilmember Simchick to place this item on the agenda as an informational update and to thank Representative Poppel for his assistance to date. 53 5y cm a 1 ' ~- ~~ HOtd[E OF FEri,EGRFi ISLAND AGENDA TRANSMITTAL Subject: Agenda No. (`~ ~(. (' (~ ~{ Contract Award for Pedestrian Bridges & Professional Services Department Origin: Engineer' Finance Dept.: , A rov r Submittal by: City Attorney: ___ City Clerk: li~„_ Date Submitted: $ May o8 ' n r, City Manager For Agenda of: 14 May 2008 Exhibits: Bridge Photo; Neel-Schaffer Contract, Construction Contract, Bids EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: $556,800 - 3 Bridges $350,000 $277,825 -DST $12,825 -Engineering 3`d Bridge $2,200 - FPL Transformer $571,825 -TRANSMITTAL TOTAL SUMMARY In October 2007 City Council approved the engineering and design by Neel-Schaffer, Inc., for two steel prefabricated pedestrian bridges. The cost of this contract was $56,000. In moving forward and based on the engineering design it was determined, by staff, that three bridges could be designed at the same time as the two bridges to provide an economy of scale in both the engineering and construction cost. As a result, part of this transmittal requests approval for additional costs associated with the design and engineering for the third bridge. Attached is the contract from Neel-Schaffer in the amount of $12,825. To keep the project processing, Neel-Schafer completed this additional work without formal execution of the agreement. Please note, that most of the engineering work is associated with ground surveying ($4,675) and geotechnical reports ($4,150) which would have been required no matter the construction timing of the additional bridge. Plan and profile design is the only direct cost for Neel- Schafer ($4,000). As you can see this was a considerable professional services savings as the original contract for the two bridges was $56,000. In essence, Neel-Schaffer's primary charge was sub-consultant charges and additional design, bidding and construction services was minimal. Upon approval of this agreement, engineering and design for all three bridges sites (Barber Street at Hardee Park, Periwinkle Avenue over the Elkam Waterway, and Barber Street between Concha and Joy Haven) are ready for construction. Council now has the ability to construct all the bridges or just a few. The choice of these three proposed locations reflects a need for dedicated pedestrian ways for resident pedestrians /bicyclists and school bus students. Studies leading up to the chosen design indicate long-span steel frame bridges are the most suitable types in these situations because they can be kept separate from the existing roadway bridge structures; they will not impact canal water flow, navigation or dredging !construction operations; they will be more easily maintained; and there will be no stormwater regulatory permitting required. Accordingly, the City and its consultant engineers, Neel-Schaffer, completed the design, related survey work, and construction bidding for three bridges. The key features of the proposed galvanized steel prefabricated pedestrian bridges include 120 feet span length; no mid-span columns or impacts to the channel or permitting; wooden bridge deck 8 feet wide with side railings; and LED lighting on the side to minimize light intrusion. 55 There were six ((i) bids received on 8 April 2008: Contractor /Bidder One 1 Two 2 Three 3 References Bride Brid es Brid es Gregori Const. & Engrg. $193,700 $378,500 $556,800 9 references (3 in FL); Lucas Marine Const. $244,900 $469,900 $689,800 2 brid a references in PA 145 references with 24 bridges, incl. 4 ped bridges - all in FL Nature Bridges / JD James $294,375 $574,100 $859,500 5 references -all in FL; no brid es Ferreira Const. $297,000 $590,000 $884,200 5 references -all in FL with Gibbs & Register $350,000 $700,000 $1,050,000 with one ed brid e 133 references in FL, incl. 2 brid es Custom Built Marine Const. $404,784 $802,368 $1,199,952 30 references in FL with 5 brid es All of the bids are above the initial Engineer's Estimated Cost of $290,000 for two and $435,000 for three bridges. Staff assumes the bridge lighting of LED lighting raised the cost. The lowest qualified bidder is Gregori Construction and Engineering of Sarver, Pennsylvania. Gregori Construction has a Florida office in Titusville. Their credentials have been researched and meet the city's requirements. The bid was reviewed and found to be competitive. All three references for Gregori Construction had positive comments and Gregori was highly recommend by the reference agencies. They are the following: 1. Becky Fike -Butler County, PA Bridge Replacement -Highly recommended as good contractor 2. Mary Bowers - Brevard County, FL Drainage Improvement -Highly recommended as good and came in within schedule and budget 3. Todd Buckles - Volusia County, FL Box Culvert replacement -Highly recommended by the County Upon approval of the contract, the construction can be scheduled to begin in June 2008 and be completed by September 2008. TOTAL PROJECT COSTS # OF BRIDGE NEW FPL ORG EXTRA TOTAL PROJECT DST TRF BRIDGES COST TRANSF. N&S N/S 1 $193,700 $2,200 $56,000 $12,825 $264,725 $0 ($85,275 Surplus) 2 $378,500 $2,200 $56,000 $12,825 $449,525 $99,525 3 $556,800 $2,200 $56,000 $12,825 $627,825 $277.825 Total current budget is $350,000. However, if Council chooses to execute construction of two or more bridges, DST monies will need to be allocated. As mentioned for economy of scales and to complete the pedestrian bridge project ahead of schedule, staff recommends construction of all three bridges and transferring $277,825 from the DST Fund to cover additional costs. As you know, the pedestrian bridges were allocated in the DST Capital Improvement Plan in the following amounts - FY 04 $150,000; FY 08 - $200,000; and FY 09 $200,000. This is a total wall budget of $550,000 and the DST has an unrestricted balance of approximately $2,000,000. Please note that some of these monies will also be needed for other projects, primarily the Collier Creek wall option. Also note from the chart above, we have included total costs for the project. Of those expenses, $2,200 needs to be committed to FPL in order to provide a new transformer for the bridge lighting on the Hardee Park bridge. Remember too the $56,000 that was previously allocated to Neel-Schaffer for design, bidding, and construction inspection services. The chart above also shows the additional professional services expense required for Neel-Schaffer. In summation, if Council opts to construct all three bridges a transfer of $277,825 from DST will be required. RECOMMENDED ACTION Move to approve the following: 1. Amendment to Neel-Schaffer in the amount of $12,825 for additional professional services (third bridge); 2. Award contract in the amount of $556,800 to Gregori Construction & Engineering Inc. of Sarver, PA, to provide and install three (3) galvanized steel prefabricated pedestrian bridges: (A) Barber Street at Hardee Park; (B) Periwinkle Avenue over the Elkam Waterway; and, (C) Barber Street between Concha and Joy Haven; and, 3. Authorize the City Manager to transfer $277,825 from DST fund in order to execute the agreements and cover the cost of FPL electric improvements. 5~ Neel-Schaffer, Inc. s NCCL_~~f7Ar~~~ 1201 19~h Place, Suite 100A ~~ ' V CC f7 r Vero Beach, FL 32960 ~ (772) 770-4707 fax: (772) 770-4640 MEMORANDUM TO: David Fisher, Sebastian City Engineer FROM: Frank Watanabe, Neel-Schaffer Project Manager DATE: May 7, 2008 SUBJECT: Pedestrian Bridge Photo Attached is a photo of the proposed Voyager Style pedestrian bridge. It is the photo to the far left side of the page. The bridge photo does illustrate some difference to the actual City of Sebastian pedestrian bridges. They are the following: • The three Sebastian bridges are all the same length (120 feet) with wood decking. The photo shows a longer pedestrian bridge. • The side railing is only 5 feet tall and not 8 feet as shown on the photo. • No side wing railing or fencing is needed at the entrance as shown. • All three bridges are galvanized steel. • The Sebastian bridges will have lighting mounted to side railing (LED lighting). engineers • planners .ecologists • landscape architects • surveyors ~, ~~; '~ ~ l?aJ w~,~ ~~~ ~~ , :;l3 CITY OF ~~ HOF~RE +",~F PEL[2I BStli~l~u CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: CSA- #4 PURCHASE ORDER # CONTRACTOR: Neel-Schaffer, Inc. ADDRESS: 1201 19`h Place, Suite A-100 Vero Beach, FL 32960 PHONE #: 772-770-4707 PROJECT NAME: Sebastian Pedestrian Bridges PROJECT #: C4303 CONTRACT NAME: Sebastian Pedestrian Bridges CONTACT DATE: June 16, 2006 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Prepare engineering design plans, surveying and geotecl:nical for the third pedestrian bridge not included in the original contract services. The deliverables will include a signed and sealed set of plans and specifications for the third pedestrian bridge. (See Attached Description of complete assignment.) A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 56,000.00 NET INCREASE (DECREASE) RESULTING FROM TH1S CHANGE $ 12,825.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 68,825.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED: CONSULTANT: CITY OF SEBASTIAN: Date: Authorized City Manager Date: Authorized Signature Approvals By City of Sebastian City Engineer as to engineering Finance Director as to budget City Attorney as to legal ATTEST: Sally A. Maio, MMC, City Clerk 5q CITY OF r , ~_ ~. ~ r' r , ' ~ 1 r.,yy ~ [~OFviE C)ff FE1.[a;:P.N ISi14NEY CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: CSA- #4 PURCHASE ORDER # PROJECT NAME: Sebastian Pedestrian Bridges PROJECT #: C4303 CONTRACTOR: Neel-Schaffer, Inc. ADDRESS: 1201 19`h Place, Suite A-100 Vero Beach, FL 32960 PHONE #: 772-770-4707 CONTRACT NAME: Sebastian Pedestrian Bridges CONTACT DATE: June 16, 2006 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Prepare engineering design plans, surveying and geotechnical for the third pedestrian bridge not included in the original contract services. The deliverables will include a signed and sealed set of plans and specifications for the third pedestrian bridge. (See Attached Description of complete assignment.) A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 56,000.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 12,825.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 68,825.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR - AGREED: CONSULTANT: CITY OF SEBASTIAN: Date: Date• Authorized Signature Authorized City Manager Approvals By City of Sebastian : ATTEST: City Engineer as to engineering Finance Director as to budget City Attorney as to legal Sally A. Maio, MMC, City Clerk ~~d CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #CSA-4 (C5302) Project Identification: Sebastian Pedestrian Bridges IT IS AGREED to undertake the following work in accordance with the provisions of the Neel-Schaffer, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated June 16, 2004. Description of Assignment: The project is to prepare engineering design plans, surveying and geotechnical for the third pedestrian bridge location at Barber Street. The project includes: • Ground surveying $4,675 • Geotechnical report $4,150 • Plan and profile design $4,000 The above work will included the engineering of design plan and profile sheet for the third bridge, ground surveying and geotechnical survey and report. These services for the design of the third bridge were not included in the original contract services. The deliverables will include a signed and sealed set of plans and specifications for the third pedestrian bridge location. Basis of Compensation/Period of Services: The above referenced Professional Engineering Services will be performed for the lump sum fee amount of $12,825 The engineering design plans and specifications will be completed within three weeks from authorization to proceed. AGREED: CO CTO ;~ ,~~ ~ _ u. ~~2i~~-~~~ Date: ~~ld ~ ~ Frank Watanabe, P.E. Neel-Schaffer, Inc. CITY OF SEBASTIAN: Al Minner City Manager Attest: Sally A. Maio, MMC, City Clerk Date: Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney ~~ PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN Bid Due: No Later Than 11:00 AM, Tuesday, 8 April 2008 Bid Opening: Beginning at '!_1:05 AM, Tuesday 8 April 2008 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for ninety (90) days following bid opening date. Lump Sum, per Plans and Specifications: Base Bid "A": One (1) Bridge at Hardee Park $ ~ ~ r ~ °~ (all-in) Alternate Bid "B": Two (2) Bridges -One at Hardee Park and One on Periwinkle Drive $ ~ ~ .~~~' (all-in) Alternate Bid "C": Three (3) Bridges -One at Hardee Park, One on Periwinkle Drive, and C. ~_ One on Barber Street $ ~~~ ~x-( .(all-in) NOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. ~~~'IZ~G.:~-1 r.~ iSt3~ ^~`..Y..1.. 5 bs`i G~ ~~.z.:.('~ rq~.3C Name of Firm (~P°le'asse Type or Print) J~ 9 _~"~ ~(;~ lam. F.a.~~i i~e.,+_: r-" i~~" ~ `~;" S:~z._ ~ ~ l Lt.d~~S°_ P Firm's Address: Telephone Number(s): Fax Number(s): Email Address(es): 1~Q~°~@5' ~o ~t'~~®~'6 Name~nd Title of Authorized Representative (Please Type or Print) Imo`,: 1 t Signature of Authorized pr sentative ate Signed P-1 CONSTRUCTION SERVICES AGREEMENT ARTICLE I -The Contractual Relationshi 1.0 EMPLOYMENT OF CONTRACTOR 2.0 AGREEMENT DOCUMENTS. 2.1 INTENT 2.2 ENTIRE AND SOLE AGREEMENT 2.3 AMENDMENTS 2.4 CONSTRUING TERMS 2.5 GOVERNING LAW AND WAIVER OF TRIAL $Y JURY 2.6 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 CONTRACT ADDENDUM 3.11 CONTRACTOR 3.12 DIRECTED, ORDERED, APPROVED & ETC. 3.13 ENGINEER 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 SPECIAL CONDITIONS 3.22 SPECIFICATIONS 3.23 SUBCONTRACTOR 3.24 SUPPLEMENTAL AGREEMENT 3.25 SURETY 3.26 WORK .3.27 WORK ORDER C~3 ARTICLE II -Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS 4.2 CONFLICT 4.3 DISCREPANCIES IN PLANS 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.5 DIMENSIONS 4.6 SAMPLING AND TESTING 4.7 SHOP DRAWINGS 4.8 QUALITY OF EQUIPMENT AND MATERIALS 4.9 EQUIPMENT APPROVAL DATA 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED 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 WORKMEN 5.6 CUTTING AND PATCHING 5.7 CLEANING UP 5.8 CITY'S OWNERSHIP OF MATERIALS 5.9 GUARANTEE 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS 6.2 CONTROL POINTS FURNISHED BY THE CITY 6.3 FURNISHING OF STAKE MATERIALS 6.4 LAYOUT OF WORK 6.5 SPECIFIC STAKING REQUIREMENTS 6.6 PAYMENT 6.7 COORDINATION WITH CITY 6.8 LOCATION OF EXISTING UTILITIES AND PIPING 7.0 PROGRESS AND COMPLETION OF WORK 7.1 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 OF OTHERS A. Public Ownership B. Private Ownership 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 CORRECTION OF WORK 7.12 LIQUIDATED DAMAGES 8.0 PUBLIC HEALTH AND SAFETY 8.l 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 EQUIPMENT 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 POLLUTI0~1, SILTATION AND EROSION CONTROL Article III -Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY 9.2 ENGINEER'S DECISION 9.3 SUSPENSION OF WORK 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.CONTRACT AND COMPLETE WORK 9.10 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 CONTRACTOR'S RESPONSIBILITY FOR WORK 10.0 MEASUREMENT AND PAYMENT iii 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 THE CITY 10.10 PAYMENT FOR WORK BY THE CITY 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION A. Termination by City for Cause B. Termination by City Without Cause 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) 10.14 ACCEPTANCE AND FINAL PAYMENT 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING 11.4 INTEREST OF CONTRACTOR 11.5 PUBLIC ENTITY CRIMES 11.6 DRUG-FREE WORKPLACE 11.7 COMPLIANCE WITH LAWS 11.8 INSURANCE 11.9 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 ~~ iv CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of , 2008, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and ("Contractor.") Gre~ori Construction and En~ineerin~ Inc 736 Ekastown Road Sarver PA 16055 authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, 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 Relationshi 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement to PROVIDE PEDESTRIAN BRIDGE PROCUREMENT AND CONSTRUCTION SERVICES PER PLANS AND SPECIFICATIONS. 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 and the 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 DOCUMENTS) consist of this Agreement; Supplemental Agreements}, Notice of Invitation to Bid, Instruction for Bidders, Bid Proposal, Bid Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 1 ~~ 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 minimum 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 performance 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 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. 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 Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time 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 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted 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. ~J 2 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the teen of the Agreement shall extend until the Project is complete unless terminated in accordance with the terns hereunder. 3.0 DEFINITION OF TERMS 3.I GENERAL Whenever the following terms appear in 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 ADDENDUM (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. All Addenda shall be considered as part of the Contract Documents. 3.4 AGREEMENT 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 American 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 and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3 ~a 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 of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from 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, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions 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 his, their or its heirs, executors, administrators, successors and assigns, or the 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 undertaking to perform the work herein. 3.12 DIRECTED, ORDERED, APPROVED & ETC. Wherever in the Agreement Document the words "directed", " "acceptable", or words of similar import are used, it shall be understood thap the directpiorn, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. ~o 4 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements 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 City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY Any licensed and qualified laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE 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 of 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 contract 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. 5 ~i~ 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 manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, 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 AGREEMENT A written understanding, 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, and 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. %Z 6 ARTICLE II -Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 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 shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In 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 all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and govern. In all instances, Contractor shall comply with the Requirements of Exhibit "B". 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 seriousnes 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 when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price 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, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. 7 73~ All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all 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 omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job 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 the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING 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 Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re-testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. ~~ 8 4.7 SHOP DRAWINGS 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 Engineer'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 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 any 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 from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish 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. Further 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 when proposed substitution of materials or items or equipment are judged to be unacceptable and shall 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 suppliers. 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. 9 ~5 4.9 EQUIPMENT APPROVAL DATA The Contractor shall furnish one (1) 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 thickness, 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 paragraph 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 him from responsibility 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, and 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 his 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 i£ (a) The equipment and/or materials proposed for substitution is determined 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, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and 7~1 10 (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, 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 to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other 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 equipment 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 named in the Contract will not be approved. 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE 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. 11 ~~ 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 ground, 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 giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All 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. Any 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 written notice is given 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 warranty work after final payment shall be in 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 workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in 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. ~~ 12 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 property, workmen or the public shall not be done unless approved by the Engineer and under his surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free 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 all debris and other unsightly 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 and 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 correct 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 right of the City to require the fulfillment of all 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. 13 ~~, All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve 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 bringing 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 REQUIREMENTS 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 of the 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 all 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 during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction 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 performing all 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. 80 14 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 prices for the various items of work to which it is incidental. 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 City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground 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 utilities 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 from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence 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 15 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, unless the Contract Documents give other specific instructions concerning 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 carrying out the Work. Contractor shall not permit 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 al] required 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 furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME ~a` 16 The contractor shall complete, in an acceptable manner, all 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 unreasonably withheld, and shall reflect a logical sequence of the various components of work and 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/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold apre-construction conference at Sebastian City Hall at a tune and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHERS A. Public Ownership 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 and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler 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 17 ~3~ property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING UTILITIES 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 damaged by him during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance 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 under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are govrned 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 unforeseen 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 Contractor 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 fcr 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 life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" inay entitle the Contractor to an extension of time in which to complete the Work as determined by the City (,~v 18 provided, however, the Contractor shall immediately give written notice to the City of the 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 determines that weather conditions make it counterproductive 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 time 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 tune 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 Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terns of an applicable special warranty 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 time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contracual 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 two hundred fifty dollars $( 250) 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 will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages maybe imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged 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 AND 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 taken during working hours and non-working hours. A. Safety Precautions and Pro ams 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. This Contract requires that the Contractor and any and all 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 perform. The Contractor agrees to reimburse the City for any fines 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 shall take 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 obstructed 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 Project which may be hazardous to ~~% 20 person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 8.2 TRAFFIC CONTROL All safety precautions, traffic control, and warning 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 TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility 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 manner 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. 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 through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads are permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre-approved prior 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 egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, 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 any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said -area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, 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 21 ~~ 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, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning 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 Engineer 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 children. 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 AND 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 88 ~~ The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his 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 amve on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory 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 right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 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 surplus 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 of public or private lands or facilities for such disposal. 8.14 POLLUTION, SILTATION AND EROSION CONTROL 23 89 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 chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory 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 devices, 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 Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. Article III -SUPERVISION AND ADMINISTRATION 9U 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 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 acceptability 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 part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical 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 limited 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 24 shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All 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 true intent of the Specifications in regard to quality of materials, workmanship, and 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 detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. 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 of retesting when materials and workmanship fail to meet specified requirements will 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 time 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. 25 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 its completion. The superintendent 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 writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure 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 Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all 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 assign 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 superintendent, 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 other contractors is contiguous to work covered by the Contract, the respective rights of the various 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 connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their 9a 26 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 responsibility 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 City, the Contractor shall submit in writing to the City the names of the subcontractor proposed for the Work. Subcontractor nay 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 of his 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 are separated into title sections. Such separations 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 DURING 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 ORAL 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 NIGHT, 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 extent 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 27 93 special equipment such as dewatering pumps which may be required to work 24 hours per day. All 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 without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and 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 THE 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 amount 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 parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all 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 ~~ 28 at the substantial completion of each work order. The City may elect to provide its own form 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 of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition 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 all 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 time 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 delivered 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 and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. 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 price contract or for payment on a lump-sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT 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. (b) Approve and pay such other amount of the request for payment in accordance 29 q5 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 the 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 withhold 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, including 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 requiring correction or replacement . (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (i7 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 amount recommended. (g) Default of any of the provisions of the Contract Documents. 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 AND 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 q1~ notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom 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 amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders 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 Change 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 original total contract cost. Should additional or supplemental drawings be required, 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 and 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 changes 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 that 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 31 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 amount 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 will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from 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 part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination 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 amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay 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 through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data pY-epared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause q8 In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any 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 all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor 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 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 an 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 claims 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 workmanship. 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. 33 Gq 11.0 PUBLIC CONTRACT- REQUIREMENTS 1 1.1 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 firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from 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, gift 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 carrying 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 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any 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 the awarding of any Federal contract, the making of any Federal Grant, the making 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 an 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 ~o 34 Contractor without the prior written consent of the City during the teen 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 shall file the attached 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 public 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 "Drug-Free Workplace Fonn" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply. with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Cleari Air 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 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). 11.8 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' Compensation -Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability -Contractor shall purchase Commercial Genera] 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. 35 / ' 1' Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under 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 all 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 paragraph 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 carry and maintain until acceptance of the Work, insurance as specified herein and in such fonm as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for 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 Documents, 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. 11.1 l LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner 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 arising 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. ~ o ~- 36 The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals 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, ordinarice, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all 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 liability 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 this class of work. 12.0 MISCELLANEOUS 12.1 ADDRESSES 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, fine, 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 VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 3' ~ v3 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 taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any 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 RIGHT TO WORK PRODUCT 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 unrestricted 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. Any 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, directors and employees, will be held harmless from such use. ~~ ,A IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio, MMC (SEAL) Approved as to Form and Conterit for: Reliance by the City of Sebastian Only Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: NAME NAME: By: ame: Al Minner Title: City Manager CONTRACTOR By: Name Title 39 ~ c~5 ~~~ank ~a~e~ ~D~ DRU~F>itE)E ~'®RKPLACL F®R1V1< that does: The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies ~~~ ~E~g~n~~~a~~ ~~~. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. 1 Date: ~`"L( 2p=v`;a , Signa ~°~~ Mo Greg®~i D-1 rod PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), 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 and purchasing process because they have been found guilty of a public entity crime. 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 Agreement 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 Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to TIIE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF TIIE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. C-1 o~ WORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. ~`'~~W~~~A-~-t L~l~~,~ FI_.~:.;_ for THE CITY OF SERA TIAN., ~e~®I°I ~®I~S~Pl9~$r~il 2. This sworn statement is submitted by ~~~ El1B~I~i~~C6f~~ ~~-~. (name of entity submitting sworn statement) whose business address is ~?7,~7 ~=-~~~ cn--~,~-~ ~ ~::~r~~.2 ~'~. iL~:s3y and (if applicable) its Federal Employer Identification (FEIN) is _ 'z3 - 2°~ 3~~4~ :~ ~ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _~ A~d~°~w I~. ~~e~®E~ 3. My name is (please print name of . individual signing) and my relationship to the entity named above is if, c~ - ~;~s~ ~~ ,~; 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means 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 or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(x), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. c-2 lv9 The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) / Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the fmal order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The fmal order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) C-3 ~ /D he person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) n ~~ ~ ,: ~ ~~~®FitI ~-~ -~ ~ o~ Date: - STATE OF FLORIDA COUNTY OF ~~~, The foregoing instrument was acknowledged before me this ~ day of ~~~`° 1 ~, 200 by ~~v~~~~ ~~. ~ ~~,~~ 1 ~ _~t~6 ~~l~~dt9 / (title) on behalf of (~, ~~~,~~ l C:c~~7r°-+~~71t•(name of partnership), a partnership. He/she is personally known to me or has produced ~~ =~~- 7_2 ~~ ,S~{'J as identification and did~pdid not ( ) take an oath. ~~ -sou. _ Name: ~Gr~77 ~ (~Z~u/ ~ ~ ~ Z. ~ ~' ~ My Commission Expires: 2.v ~~ Commission Number: ~'P'~ (~"~~ y rn.~ `""""~ SCOTT ALLEN LILLICH .`SPµV PVB r°,~`~% Notary Public • Stste otfbHde 9~S Q~" :), c My Commiaslon Expires i~faj' 8; 2011 Commiasbn 8 DD 8)1132 •%~~~°f ~ ~~ ~~ 9onded Tluough Natlona! Notary Aaan. C-d /II IDDER_QUALIFICATION QUESTIONNAIRE ~reg~ri C®n~tru~t~~~ Submitted by ,~ e of Bidder General Contractor's License # ~.6~- I~i2 7`1v~ O An Individual O artnership ( ~~ orporation Federal Identification # 7-~-- '`Z-`13~~}3~ Principal Office Address: Gregori Construetson ar1~ Engineering Inc. 736 Fkastovun Road Sarver, P~ 16055 .s (1) How many years has your organization been in business as a contractor under your present name? iii (2) How many years experience in road and utility construction work has your organization had as a contractor? As a Subcontractor? (3) List below the requested information concerning projects your, organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner ~ S:-~ ~e:~~~ B-1 lid (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) (live below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8} What is your bonding capacity? ~~ 'Z--S, ~~~ e~,-z, (9) What amount of your bonding capacity has been used as of the date of this bid? a-z ~~3 (10) How many applications for performance and payment bonds have you made in the last three (3) years? 1~~.~ (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) l~c~ B-3 I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. *** a, d~~~ Ma c~®~R A'Z'URE OF BIDDER) (TYPE OR PRINT COMPANY NAME) (TYPE OR PRINT ADDRESS) a-a ~~°~~®~°1 C~~~$r~~~~~~ ~~°. X36 E ~®~n ~~n an-er, PA ~ ~®5~ (15 Selected Work History Gregori Construction and Engineering,Inc. Bryan Ave. / E/. Lake Sue on rac Project Name/Description Client Client PM Phone GCE Role Completion Value Virginia Park Drainage Brevard County Facilities Dept. Mary Bowers 321-633-2050 GC July-07 $ 508,000 Improvements 2725 Judge Fran Jamieson Way A-207 /j' `'~ ~ ~'~' Viera, FL 32940 7 L- Excavation, Installation of Misc. Concrete Structures, Excavation Support Otter Blvd. Box Culvert Volusia County Todd Buckles 386-736-5967 GC March-07 $ 413,000 Replacement 125 W. Indiana Ave. ( 4 ~~ Deland, FL 32720 `ih~cy Excavation of Roadway Slides due to Hurricane Ivan, Rock Benching, Pavement Restoration (Washington County), Utility Relocation Baffle Box Installation City of Cape Canaveral Jeff Ratliff 321-868-1240 GC September-OS $ 300,000 60] Thurm Blvd. ~ ~'V ~ ~~~ Cape Canaveral, FL 32920 - Installation of 3 EA concrete baffle boxes, 20' Long x 12 FT Deep x 10 FT Wide, immediately adjacent to Banana River. SR 0031 Rehabilitation PA Dept. of Transportation Larry Maricondi 724-439-7286 GC November-07 $ 9,300,000 825 N. Gallatin Ave. Extension ~ Uniontown, PA 15401 PJ::'ti5 '' ~7 Phased Construction (5 Phases) Roadway Excavation, Placement of Embankment, Paving, Drainage Installation, Utility Relocation Yukon Bridge Replacement PA Dept. of Transportation Dave Fasiczka 724-439-7443 GC December-06 $1,940,000 825 N. Gallatin Ave. Extension ~ Uniontown, PA 15401 ~=-t- °V Design-Build 2-Span Spread Box Beam Bridge, Stream Diversion, Excavation, Drainage, Paving Emergency Slide Repairs PA Dept. of Transportation Larry Maricondi 724-439-7286 GC August-OS $ 1,425,000 825 N. Gallatin Ave. Extension ( ` 1~`'~` `~~ Uniontown, PA 15401 ~- Excavation of Roadway Slides due to Hurricane Ivan, Rock Benching, Pavement Restoration (Washington County), Utility Relocation I-99 Soil Nail Wall /Gabion PA Dept. of Transportation Jim Campbell 814-696-7250 GC November-07 $ 615,000 Wall 1620 N. Juniata St. Holidaysburg, PA 16648 CM-~~'s ,.; ~ Installation of Soil Nail Wall (subbed), Construction of Gabion Wall, Concrete Shoulder (on Interstate Highway) Peffer Bridge Replacement Butler County Rebecca Fike 724-284-5130 GC November-07 $ 1,100,000 124 W. Diamond St. / ~ Butler, PA 16003 l- ^"~ " ~ Replacement of 2-Span Spread Box Beam Bridge, Utility Relocation, Stream Water Diversion, Cofferdam Installation PA Turnpike Access Ramps PA Turnpike Commission John Pavlovich 724-755-5183 GC September-07 $ 519,000 2200 N. Center Ave. ~~~ s `~~ New Stanton, PA 15672 Construction of Gated Access Ramps to PA Turnpike I Page 1 of 1 ~ ~ STATE OF FLORIDA ;- gi~ DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION ~ ° CONSTRUCTION INDUSTRY LICENSING BOARD {850) 487-1395 ~~m~o~ 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GREGORI, ANDREW MICHAEL GREGORI CONSTRUCTION & ENGINEERING INC 105 STOBERT LANE NATRONA HEIGHTS PA 15065 ?L'. a.'.~:., . c.~)Z:~.~~; •-~•~),~.~~~c! (.fir. •f._ 1 l t ,Y.'~ ~L~.f .i,_' f: I~Yfl. d7{ t j7 F 1.^ T ~ ~ ~~ ~~fi .(t ~ ,1~~~ r' 9 :T ~~~ •:~3 rte - Y ~t~ r ~ , , ~ ,. ~1 . ~ ..~ ,J :., . . .Y: l . t~ . : ~ti =~'r: 1 DETACH HERE STATE OF FLO)A) . ~oUNTY oF'rnr.Di:Aly zu ~) CZ'Z'I' OF SEBASTIAN) BID BOND K1~OWN AI.L SY THESE P~tESEN'z'S, that ~GREGORZ~ CONSTRUCTIOL~ & ENGINEERING; INC. As Princip~.i, and TRAVEL RS CASUALTY AND SURETY .COMPANY OF AMERICA as Surety, are held and firmQ bound unto the City cif Sehactian, in the r-enat Sum r~,f. •.FIVE PERCENT (5~) 0 TOTAL. BID (Dollars) $ . 10~ : ) lawful money of the United talcs of America, for the payment of which sum well and tfuly to be made, wE ,bind o selves; our heirs, e~teetrtnrs, administrators, and successors, Jdintly and sever=ally; firmly y these presents. '~~ CU1vDTI'IO OF. THIS aBLIGATION IS SUCH, that whereas the Principal has submitted the cconipanyin~ bid dated.4-/8/O8 . ,for: .PEDESTRIAN BRIDGE P)~OJECT NO'VV 'I'~EREFOI (a) The Principal s1~al.l opening .the same and shy pre5ezited. to him for signal -villa th'C pzvposal as accept as required, for the faithful, i '(b) In the event of the failure to eyiter into such co, shall pay the City the differs for which the city may proc excess of tk~c forn-cr, then t to remain in full force and v WiT1VFSS N instnattier~t under their se ?.~~R , The narrx~; and corpoi'atc presents duly signed by i. governing body. ~'1I'NE5S: t withdraw said bzd within ninety (90) days after date of witlaiiz twenty (2p) days :after the prescribed forrns are enter into a written contract with the City, iri accordance an'd give botJd with good and su~cietxt surety of sureties, forfrtati;ce and proper fuli'illment of such contract; and; ithdt~awal of said bid within: the period, specified, or the ict and give bond within tNe time specified, ifthe principal e between the amount specified in said bicf and the amount the required work and supplies, if the latter amount be in above obligation slxall be void af~tl of nu cL(cct, vth~rwise :FOl~, the above-bounded parties have executed this Seals, this ~~ day of APRIL >rpozate party being hereto sexed and these representative, Pursuant to authority of its RF3-1 !~~ If Sole Ownership or Pa~ett ship, one PR~.N'CIFAL: (l j Wirness is required. If G~bzporatlon Secretary only.will attest 8c ; ffix seal..} GREGORI CONSTRUCTION & .ENGINEERING, INC . ~ Name ofFi~ Affix Seal (' .afore o~Autli i ed O' icer) ~92~ 736.EKASTOWN ROAD (Business Address} SARVER, PA 16055 (City) (State} (Zip) SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (corporate Suretyj ,A~~x 5eai _ ,~ $~~3etWi the s RACHEL M. CRONEN Tie rate of premium of th is per thousand. IiI Tc~t~.l amputiT ofprenaium ' (~V EDWARD. D. RAWLINGS, ATTORNEY-IN-FACT (Title) 500 CRANBERRY WOODS DR., SUITE 100 (Business Address) CRANBERRY TOWNSHIP., PA 16066 (LatY) (State) (Zip) SKY INSURANCE (Narrze of Locsl Insurance ,A,geztcy). 500 CRANBERRY WOODS DR., SUITE 100 ( ) 6066 $12/1,QOO~FIRST $500,000 a5 $8.50/1,000 NEXT $2,000,000 . ~~ "1 E, must be failed in by Corporate Surety.) s.~-z 119 ~ VJ/ VJ I I CI;RTIF A'fES A,S ~'O CC1RPpRA7-E ~RINCIEAI, cerrtify that I am the Secretary of the Co `. ration named as Priixcipal in the within bond, that 1`1c""~; ~ i i° ~`-1 L. +' ~C v ~ wkao sirs-ned Lhe behalf of _ (~~ ~- is ~: ~ -------- o said bvrid on ~ _ ~ 1k-~,~ t~~-~ „~ i-;~.1 T, the principal, was then ~` ` ° ~ ~` ~ ~~ ~ t~'l~~~~~ of said corporation; that 1 know his signature, af~d has stgtlature hereto is gerruzne, and that said band was duly signed, sealed, grid attesEed ~o and on behalf of said cciiE'poration of its goveii~:itag body, (Corporate Seal) S[ate'of k"Iorida County of .Cndiari River City bf Seb'astiaz~ Before me, a Notary Riblic my eommissior~ed, qualified and acting. personally appeared; dward D. Rawlin s t0iriewell known, who beizig by the fi st duly Sworn upon oath, says that he is the attotoey in fact far ttrz Travelers Casualty d Surety Coi~any of Ameri c~arid that he has been authorized by. Contractor named there;< favor of the City of Sebastian, Florida. Subscribed and swo to before rzie this •. 8~_day of April 20.08, , I ~ , - .. ,. . Notary public 2° ~ Q ~:A al.--- ..... . y Com-mission Empires 1INrMONW~ALTH OF PEN SYLVANIf4 Notarial Seal Catltfeen Q Vansovich, No Public Cranberry Twp., Butler My Commission Ewoires Jul uniy 0, 2011 tber, Pennsylvania Associatl n of Notaries BR-3 /~o WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218882 Certificate No. O O ~ ~ ~ O ~„' KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, [ha[ Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David E. Glenn Jr., Edward D. Rawlings, Rachel M. Cronen, Sandy Morris, and Cathy Vansovich of the City of __ Cranberry Township ,State of Pennsylvania ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of~guaranteeing the fidelity of persons, guaranteeing the performance df contracts and executing or guaranteeing bonds and undertakings required or pertrjit~ed~in any=actions ot'.proceedings allowed by law. ~;r IN WITNF~S WIiEREOF, the Companie have caused this insa w~ent$,to be signed and their corporate seals to be hereto affixed, this day of February 2008 r ~ ,t ' F oASU,~~ j ~1Yf~ ~~982~0 ~ 1977 z ~ ~ 4y "4EL'~"' ~D ~y . ~~ d ?~ State of Connecticut City of Hartford ss. 20th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r'Pj INSUy9'..,. ~ ,,~tY AND ~'~ 7Y E; _-_ ¢ HARTFORD, + ~ qp,~ N ~~~tlD~ ~d:.SE1tL%a°,I corm. o gY~t cavr+. fJ 7896 ~ v.',, ~a ~. ,,... ... 1•N ~+ i ,,,~,/'~~ "~ ,'...,aw By: Georg Thompson, enior ice President On this the 20th day of February 20086efore the personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Lisurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T~ In Witness Whereof, I hereunto set my hand and official sea]. * A~ My Commission expires the 30th day of June, 2011. ~ pl/8l<<' ~~ 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY I Q~ C Marie C. Tetreault, Notary Public WITHOUT THE RED armmgton Casualty Company ,..{~ ,? . Fidelity and Guaranty''Insirrance Company. ` ., Fidelity and Guaranty Insu"rance'YJnderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 2 , stwFry s`k F10.E 6 1 N_ ~k q\\ WCOR c~ ~ * ~ E'J~ ~~ fj~Q~O PON SG"> POFtATED F ' 1927 ~ ~~ - lam; A>e: m~ ~ 1951 ~ NO ~ ; ~ ~ ~~: q~ # ~ % o. ~~..SEALjo; b. • N DF rhW ~~':uFmucE~ ~vf....... ~a'PI ,,,, ~` S..vH r TRAVELERS CASUALTY AND SURETY COMPANY GF:=~MEF;ICA HARTFORD, COt•1NECf'CU'T 06183 `rifdANCIAI STATEi•AEhvT AS OF DECEhfoER 31, ~°001 CApfiAL STOCK 5 6,000,000 CASH 81NVES7ED CASH =Oh;DS .~', 74,575,11? UNEARNED PRE[viUMS 530,096,152 ~ 'TC)CK 3,171,425,510 LOSSES 907,iSd,263 INVE:STiv1ENT IhJCOi41E DUE AND ACCP.UED 14;355,947 42 220 Sb4 LOSS ADJUST1viENT EXPENSES COMh1lSSIONS 753,320,025 i7REMIUhA BALA,NCI=S , , 198,557,b'02 Tfv.ES, LICENSES :;ND FEES 34,0,4,509 747 911 19 NET G~FERRED TAX ASSET 43,369,588 OTHER EXPENSES , , 34 494 038 rcEINSURANCE REGOVERA6LE 7,519,102 FUNDS HELD U[YDEP, RE?NSURANCE TREATIES , , 123 307 214 OTHER ASSETS 3,744 962 CURRENT FEDERAL APvD FOREIGN INCOPeiE TAXES , , 27,576,126 RE411TTANCES AND ITEMS P10T ALLOCATED 59.,653,721 fJ+A0UNT5 W[T1iH.ELp : RETAINED 6Y COIJPANY FOR OTHERS 34,315,622 PAYABLE 70 PARE6JT, SUESIDIARIES & AFFiL!A"f ES SS,232,St14 RETROACtNE REINSURP.NCE RESERVE 23,913,659 POLICYHOLDEP. DIVIGE[JDS 8,140,1$3 PROVISION FOR REINSURANCE 5,;$1,663 CEDED REINSURANCE NET PREMIUMS PAYP.BLE {55,035,104} OTHER ACCRUED EXPENSES AND LIABJLITIES 141,704 TOTAL LIA61l.f[lES ~ 2,2b5,324,8~0 CAPITAL STOCK $ 6A00,000 p.41D IN SURPLUS 303,297,402 OTHER SURPLI}S 9$1,348,884 TO'fALSURPLUS TO POLICYHOLDERS ~ S f,290,646,2b6 TOTAL ASSETS S 3,555,971,0$6 TOTAL LC461LITiES & SURPLUS $ 3,'156,971.0$6 STATE OF CONNECTICUT } COUNiY OF F!ARTFURD }SS. CiT`( OF 21ARTFGRD i 'A.WRE[•1CE A. SIUTA, 8E1NG DULY SWORN, SAYS TH,4T HE ice' CHIEF FINANCIAL OFFICER -TRAVELERS BOND u FIPIANCV~L PRODUCT'S, OF TRAVELERS CASUALTI" AND SURETY C[1P~PANY OF .4kiER!CA, AND THAT TO THE 5EST OF HIS KNOV~JLEDG'E AND BE=LIEF, TF[E FOREG03NG IS A TRUE A.[dD CORRECT 5TA"i1MEN7 OF THE FINANCIAL C01`1DITION OF SAID CORAPANY AS OF "Tl-iE 31st DAl' OF DECEMBER, ?.007. SUBSCRIBED AND 5'~~VOF2N TG BE"r'UR"t Ivic "f HIS ? ith Dr";~' OF [•dARCH, 2005 I .~~ i ~~ CHIEF FINP.NCIP.L OF1=€CER - EiOIVD C FINANCIP~ PRQDUCTS t 1 t NOTP.RY`r~UBLIG l ii. ` "Cad i . r, !/;, ~.`_~/ k7 r ! 1bbC 1'~: 3 r` I'L437:i'~'41_;F t~F'EGCiR? t"_:QhdSI FiLIGTT[it'd Ft=ti:~E t1~~ n l:ar,Y•16, MC•]Ad ~ ll V ~/iVi ~ ~° ~ ~~ ~ ~ ~~~ Y ~ ~ ~ ~ ~ ~I 2ATE (lAYIDDIYYVY)_ , u '4g IYr ^ ®9® ^ [ tl Y ~~ a5fosr2oas PRODUCER THIS GFRTtFIC~.TE I$ ts~uEC) A$ A MRTT>"R OF INFARNfAT1oN Sky Ins-Crarrbarry Call'tm LITS-R+IIL ONLY AN13 CONFL~IZS CIO RIGhITS ElPON THE CER'rIFtC:ATE , 50a Cranberry Wands PJr, Suite 1(t4 HC3LAER. T!#15 G6R71FIGAT~ EyOES NQT RMEND, >rXTEND OR ALT£f~ TFE Ct7VEt2A~aE AFFt3Rb1aD ®Y THE F®L,tCIP9 BEt.C)wd- Cranb~erry Twp, P~ 15066 - T2$ 741-2800 _ ~! INSUR~R5 AFFORDING Cl?'aiERAC~ N AIC # iNSURE7 G l C INSURER A' 7'ravei@r8 PTOp b8~ OP AfP1'D +~ iG~6~AP• •~^ regar onstruction 3n[! 736 ~k k R _ INSURER'; Tech~ro(agy lnsurar)ce Ctr~"tptlny -- 42376 own ns oad rv S PA 16055 INSURER •]. ~ er, a INSURER D. __-.-- - -_ ,-- INSUP.[R E: -~ 1 { THE PrJLft;le5 OP ~NSt1RANCf: 1,13TEIJ Br:'I,QW HAVE H'cEN ISSUFp TO THE INSWRED NAMED ABOVE FOR THE'OLIGY PERIDI] INQICATr•,D. N[mruITN87AN01N0 ANY REGIUIREMEN7, TERnA OR CbN91T(pN QF ANY CONTP.AGT GR OTHEr^, DOCU)AEiVT WITH RE^PECT TG WHICH TH SCERTIFICt,7E MAY EE 15SL.rD bf2 FttAY PERTAIN, THE INSURANCE, AFFORDED @Y THE POL CIES QF_SGRIBED HERF_iN I$ SLIBJEC'! i'J ALL THE TERMS. EXCI_USIGNS ANC i1GN9i71C)NS OF SUCH POLICIES. AGGREGATE LIh1!TS 3FI(7WN AAA'Y I•IA'/E CEEN REDUCED GY FhIG CLAIMS, TR NS TYP60K IN,$URANDE POLICY NU'NdER POLICY EFFECTNE . 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LOC ~ A AUT OM091LE UA91L1TY DT810948}t403 a1t1 ~/ag 41/15/48 X slur Auro CONOIraED SINGLE i.IMIi its nedtlamt $1,a0a aaa 1 AlL OWNED AUTOS BODILV INA1P.1' $ SChCDULLU AUTOS (Uar poI-sent x HIRcDAU1'03 x NON-OWNED AUTOS BODILY INSJRY (Nmrnmidnni $ Pi~:OPt: RTY DAMF1tSE $ (Pssr nmld ant J dA RAt2E LIA84RY AU~p ONLY - EA A.CCICEN" 5 ANY AUTO Uf MEVt'I HAN EAACC s _ AUTOONLY: aGC 6 A ~xcessluNSRELLaL1ALr1LtrY DTSMCUP948Kd 01l16la!! a1/1sra~ __ EAClioccuwrENCE- _ _ a5 aaA Osa X OOCUR ~ CLAIMS nt4DE AGGRtGATE __ $B aaa aQa -~~ $ DEDUCTIBL[x S x RETENTION S 14444 ~ B WORKEpSCOwPEN6aTIdNAN9 TUVC3158?.4s 41/1$j48 01l1~f~ X 1VCS7A'Ri- O~H- EWpLOYER$' LIAHILIIY AtJYPROPRIETORIPAR14atR1ExECUrrrg E.L. EACH AGCaOENT _ x1,004,444 OFFIGER/MEMBER EXCUJD[D? If •RP At6d•Illy undbr _ t.L, DISEASE • EA EM=L7Yik . -_ $1 400,444 ,^sPE~IAL PROVISIONS 3alaw _ p~ .,. _.~._.- E,I,. 019EASF. • POLICY LIMT 61 s444s VY4 OTHER _ __ - -_ DE9CRWTIpR pF tiPHRATIONS1lOCATiON81 VEHICLES 1 E%CLi)SIOnt'3 ADDED BY ENDOF.$EMENT/SPECIAL PROV1814N5 ~~ y~_~' P®dostrlan 6riclge PrOjCCt Csrtfficate haider is included CIS axfdltianai insured on general (lability, as Ehsir interest appears, fesr this projeot, - 15 ©ays Notice of Cancaliatian for Non-payment cTF Prerniutn City of SpbaSNan 1225 Arlairl St Sebastian, FL 32958 AC(1RD ES (T001/08~ 1 of 2 #S226114lM21122e LO ANY OF YHE ABOVE 4EGtCRi~36D POLICIES BE CANCELLED EEPORE THE 6%PIRA7IUN THEREOP, THE 168mNO IN6uRER wtL45ND8AVgR TO M1iAIL ,_,,'~_ GAYS VYRITTEN .E i0 THE CERTtFICaTE HOLpER NAMCC TO THE LEFT, sUT PAILURfl TO GO SO SFIALt. iE NO p8U0ATipN OR LtAF31LRY OIL ANY i(M!Q UPON YME INSUI?ER, ITS AGENTS OR AUTHORIjE7 O ACOrtD C01~PDRATIpN 198 1 a3 l75lI~?:'20©Ei 19: ~ ~ "<?~1:353'~4%i5 ~~F.'EGORI CI ItJSTRUCTION F't±iaE F7 I I 9MP~~tY,4NT i i If tho cerllficate holder i8 an F,UUITION~~ L tNSUF`EU, the p6'•iGy(ie8} r7;ust be Endorsed, R st~temeni an this G3rtifiCdt2 doffs rot confr~r right~to tha CerlifiCate holder in Dieu of such endorsornrsnt{s}. i if SUBROGATION iiS UVAIVEC, .subject to th9 terms and conditions of the palir,~, certeir. policies may r9quire sn endorsryment. A statements on this certificate do®s not confer rights tc the certitlcAte holder in lieu of such sndors2mentjs). QISGLAIMER i The Certific2te of Insurance on the Cev~ry. e sidg of th~~s farm daps riot constitute a c4ntrar,.t b8tween the issuing insurer(s), authoriYed repras ntativm or producer, Arid the Cer6fiGdtc heider, nor does it afflrrrsativgly er nBgAfively amend, mrter.~ car alter the coversge 2fforded by the policies listed t?~rereon. I ~tct~ao zs.s (x~o~ros} 2 of z #5225 i 141iYl~ 1 ia4 PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN Bed Due: No Later Than 11:00 AM, Tuesday 8 April 2008 Bid Opening: Beginning at 11:05 AI~1, Tuesday 8 April 2008 BID PROPOSAL PRICE FORIIII The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to pertorm everything required in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection v~ith any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain film for ninety (90) days following bid opening date. Luma Sum, per Plans and Saecifications: Base Bid "A": One (1) Bridge at Hardee Park $ ~~ ~ ~ (all-in) Alternate Bid "B": Two (2) Bridges -One at Hardee Park °p and One on Periwinkle Drive $ I ~ (all-in) Alternate Bid "C": Three (3) Bridges -One at Hardee Park, One on Periwinkle Drive, and zz ~~.~~\\ One on Barber Street $ ~~_ ~ j.~(~(all-in) tVOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. ~-- _ r-=:1Z~G-:: ~'-1 ~~. , Gn -- t 5 ~ iii ~ ~ ,..1~.('~..i ~ ~1 C Name of Firm (Please Type or Print) _ "~ ~s Cr' ~ ~ ~ a Jai; ~--' ~ S ~-~' ,l:~1._ ~ ~ (, G. • ~~5-_. Firm's Address: "°1'z-4-- 35 3- t"~z-~ V7Z-~~- ~ 5 ~~ - Z.~ .. _ ~-~~.~~~,t Cam' Vic.<•l^~t -- l~.tc. G;.~d~,,, Telephone Number(s): Fax Number(s); Email Address(es): Nameand Title of Authorized Representative (Please Type or Print) f , I ~ ? ~ t Sign~re of Authorized pr sentative ate Signed P-1 l ~-5 PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN Bid Due: N~ Later Than 11:00 AM, Tuesday, 8 April 2008 Bid ODening: Beginning at 11:05 AM, Tuesday, 8 Aril 2008 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (t0) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for 4he below stipulated price which shall remain firm for ninety (90) days following bid opening date. Lump Sum, per Plans and Sr~ecifications: Base Bid "A": One (1) Bridge at Hardee Park Alternate Bid "B": Two (2) Bridges -One at Hardee Park and One on Periwinkle Drive Altemate Bid "C": Three (3) Bridges -One at Hardee Park, One on Periwinkle Drive, and One on Barber Street $ ~~7~ 90~ 00 (all-in) $ ~ gOb O (all-in) PiOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. i ~ kC Q 5 I \ ~C~ ,,.~ ~pvt5~t~,.~,C'C"~ ~~~ ~. LC ~ Name of Firm (Please Type or Print) ~ 313 0 ~ k ~ ~~~ ~.s ~'t" r z~~ ~`~~n~- >r L. 3'-~~t ~i `i / ,~ Email Address(es): . Signature of Authorized Representative -. ap.~~ P-1 PEDESTRIAN BRIDGE PROJECT- CITY OF SEBASTIAN Bid Due: No Later Than 11.00 AM, Tuesday, 8 April 2008 Bid Opening: Beginning at 11.05 AM Tuesday, 8 April 2008 BID PROPOSAL PRICE FORM The undersigned havingbecome thoroughlyfamiliar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for: the price(s) quoted below. The prce(s) quoted'is (are) inclusive of any Addenda which may have been issuedprior to this-submittal By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or.connection with any person, corporation; or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the. below stipulated price which shall remain firm for ninety (90) :days #ollowing bid opening date. Lump Sum 'per Plans and Saecificatio_ns: a~ ~ ~~ ~~.~~.~ (all-in) Base Bid "A": One (1) Bridge,at Hardee Park Alternate Bid "B": Two (2) Bridges -One at Hardee Park and One: on Periwinkle Drive $ ~'~ ~~~ (all-in) Alternate Bide"C": Three (3) Bridges -One at Hardee Park,. One on Periwinkle Drive, and ~~- Ane ort Barber Street $ ~~ ~ $~ ~ (all-in) NOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. ~ 'J G2,Y>1 eS , ~ n ~- Name of Firm- (Please Type or Print) 5 v Firm's Address: Fax Number(s): Email Addres es): Telephone Num\ber(s): ~r ~ i ~ 1(} t~r10 ~ ~Y ~_ _ me an Ti of Authorized Representative (Please Type or Print) iat re of Authorized Representative P-1 ~~ PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN Bid Due: No Later Than 11:00 AM, Tuesday, 8 April 2008 Bid Opening: Beginning at 11:05 AM, Tuesday, 8 April 2008 BID PROPOSAL PRICE FORM i i i ~ ~~ The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for ninety (90) days following bid opening date. Lump Sum, per Plans and Specifications: Base Bid "A": One (1) Bridge at Hardee Park $~ ~ ' ~® (all-in) Alternate Bid "B": Two (2) Bridges -One at Hardee Park and One on Periwinkle Drive $~ boo -(all-in) Alternate Bid "C": Three (3) Bridges -One at Hardee Park, One on Periwinkle Drive, and One on Barber Street NOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. Name of Firm (Please Type or Print) ~ / :7 ~, i tr) ~ S. ~ - ~L~P.i/1rl (i ~~l A ' _ !~ -rte', /` L ~ 7 `I~ 7 Firm's Address: Telephone Number(s): Fax Number(s): mail Address(es): Name a d itle of Authorized Repre ntative (Please Type or Print) ~f ~~~,~ Signature of Authorized epr sentative Date Signed P-/ ORIGINAL PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN Bid Due: No Later Than 1.1:00 AM, Tuesday . 8 A pril 2008 Bid Opening: Beginning at 11:05-AM, Tuesday. 8 Ap ri12008 81D~PROPOSAL PRICE FORM The undersigned having become thoroughly familial with all. of the Bidding Documents incorporated herein, hereby proposes fo perform everything required in strict conformity with the requirements of these documents, meeting, or exceeding the specifications as set. forth herein for the price(s) quoted below: The ' price{s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the Signature below, the Vendor agrees that this Bid Proposal is made wrtlwut any other understanding, agreement,'or connection wr4h any: person; corporation, or firm submitting a bid for the same;:purpose and that the bid is in allrrespects fair and without collusion or fraud: If awarded any work under this bid proposal, the `Jendor agrees to enter:into saidagreement within ten (1D) consecx,tive calendar days.riotice by the: City, and agrees'to alt the terms and conditions of all documents stated herein •with the City of Sebastian for tfie -below stipulated price which-shall remain firm for ninety (90) days following bid opening date. Luimp Sum, per Rlans and Specifications: Base Bid "A": Dne (1) Bridge at Hardee Park Attemate Bid "Bp: Two (2) Bridges -One at Hardee Park and-One on Periwinkle Drive Attemate Bid -°C": :Three (3) Bridges - One_ at Hardee ..Park, One. art; Periwinkle Drive; and .One on Barber Street. ~ .7~~} ~ ~~ (all-in) ~ /~~~~~-~ {alt-in) NOTE: Vendor warrants total contract time shall not exceed 180 consecutive calendar days. GIBBS ~ REGISTER, INC. Name of Firm (Please, Type or Print)- 232 SOUTH DILLARD STREET, WINTER GARDEN, FLORIDA 34787 Fan's Address: 407-654-6133 Telephone Number(s): 407-905-2941 WCONOVER@GIBBSANDREGISTER.COM Fax Number(s): F1nail Address(es): REg D. HUFFMAl~, PRESIDENT Name and Title of Authorized Representative (Please Type o[ Print) APRIL 8 2008 Signa Authorized Representative Date Signed ~. `a . P-1 leg - ORIGINAL _ __ PEDESTRIAN BRIDGE PROJECT -CITY OF SEBASTIAN -Bid Due: No Later Than 1.1-:00 AM, Tuesday. 8 April 2008 .,'.Bid Opening: Beginning at 11:05 AM, Tuesday, 8 April 2008 ` - I BID PROPOSAL PRICE FORM The undersigned- having become thoroughly familiar with all of the Bidding Documents incorporated herein , hereby proposes to pertorm everything required in strict conformity with the requirements of these , documents, .meeting or exceeding the specifications as set forth herein for the. price(s) quoted below. The f price(s) quoted is (are)' inclusive of any Addenda which may have been issued. prior to this submittal. ~ E!i , By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connectiori with any person, corporation; or firm submitting a bid for the same purpose and thaf the bid: is in all respects fair and without collusion: or fraud. If awarded any work under this bid proposal, the Vendoragrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms, and conditions of alf documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for ninety (90) days following tiid opening date. Luma Sum, ber Plans. and:Saecifications: ~i ~ ~ ® Base Bid "A": One (1) Bridge at Hardee Park $ ~ ~ • (all-in) Alternate Bid "B": Two (2) Bridges -One at Hardee Park // G>p ~ and One on Periwinkle Drive $ ® (.0 ~* (all-in) Alternate Bid "C": Three (3) Bridges -One at Hardee Park, , One on Periwinkle Drive, and .,. One on Barber Street $ 1 -l ~ ~~~, ~ (a ) _ NOTE: Vendor nts total contract time shall not exceed 180 secutive calendar days. ,Q ~ Name of Firm (Plea ype or Print) ~~ ~ `~ ~` 1 Firrr-'s Address: Telephone Number(s): ~ ~z a~ Name and Ti~oj~t oriz~cl-iZ present ure of Authorized Representative ~" Fax Number(s): Email Address(es): Type or P P-1 ~~ . errr c~ ~a ,~ r , ~ ~- u©~E Qr ~Ettcntl tstat4tn AGENDA TRANSMITTAL Subject: Purchase Order request for "LoPresti" Hanger/Shops building design construction services for Submittal by: City Manager Agenda No. 0~ . f? ~ ~ Department Origin: nicipal Airport Joseph Griffin Finance Director. en 'Igor ~ .~ City Clerk: Sally Maio f City Attorney: Richard Stringer Date Submitted: May 7, 2008 For Agenda of: May 14, 2008 Exhibits: A. Scope of Services (4 pages); B. Hour/Fee Estimate; C. Preliminary Site Plan; D. Exterior Elevations 1 & 2; E. Preliminary Floor Plan REQUIRED: R$46,852 I AMOUN$ B 2DGETED: I AREQUIREDATIO 6,852 SUMMARY On March 12, 2008, City Council approved an airport lease with LoPresti Aviation interests. Part of the city/airport lease requirements is the construction of the Hanger/Shops manufacturing and fabrication building. The LPA GROUP, the airport's engineering and planning consultant have submitted a preliminary site plan, elevations, and a floor plan. As part of the continuing services agreement with The LPA Group, airport staff is recommending the use of LPA for services in a design/build capacity, as outlined in Exhibit A, to assist in completion of the project. Exhibit B outlines the cost of services. An `estimated' time-line for the construction of the hanger is as follows: 1. May 14: Council approval of $46,852 Purchase Order, funding via FDOT grant. 2. May 15: LPA begins work. 3. June 2: Bid 15,000 sq ft facility. 4. June 19: LPA's site plan review by P&Z. 5. July 2: Bid closes. 6. July 2-July 4: Review bids 7. July 9: Presentation to council of design-build contract (or at special meeting). 8. July 10 -Dec 15: Construction Dec 16 -Dec 31: Punch items and CO. RECOMMENDED ACTION Move to approve a `not to exceed' $46,852 Purchase Order for planning services by the LPA Group. C3 r EXHIBIT A- SCOPE OF SERVICES HANGAR AND SHOPS BUILDING DESIGN-BUILD PACKAGE PREPARATION CITY OF SEBASTIAN This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the CONSULTANT for professional consulting services. For elements of the PROJECT described in the referenced AGREEMENT, which are primarily engineering projects, the CONSULTANT shall perform professional services as hereinafter described, which shall include customary civil, structural, mechanical, and electrical engineering services. These services, when performed in accordance with acceptable engineering practices, shall be the limits of the CONSULTANT's responsibility under this AGREEMENT. This Exhibit A sets forth the general requirements for the performance of the various services for development projects required under this AGREEMENT. PROJECT DESCRIPTION The City of Sebastian, Florida desires to construct a combined 5,000 SF hangar and 10,000 SF shops building on a location at the Sebastian Municipal Airport (X26). The project consists of the preparation of a design-build RFP package to be given to Contractors to construct this facility. The construction will also encompass site work, utilities, parking, drainage and roadways. The project is located at Sebastian Municipal Airport in Sebastian, Florida. The project site is on the southeast end of the abandoned R/W 13, adjacent to the City's Administration building. The scope of this Work Authorization is divided into the following tasks. 1. Define the program of improvements; 2. Document the intent of the program in a Request for Proposals to interested design-build entities; 3. Assist in obtaining preliminary building permit approval; 4. Complete additional site design and assist in obtaining site plan approval and St. John's River Water Management District Environmental Resource Permit; 5. Assist the City of Sebastian in evaluation and selection of the design-build entity; and The RFP package will contain general requirements and technical specifications for the design of the project. City of Sebastian building and development codes will be outlined in the specifications, as well as applicable state building codes. To assemble the RFP package, general services are required. These services are described in the following Sections. ELEMENT 1-PROGRAMMING AND CONCEPTUAL DESIGN DOCUMENTS Task 1-1 -Inventory of existing facilities. THE LPA GROUP INCORPORATED will obtain the available information from the City and the Airport records on existing conditions that may affect the project. Available drawings, aerial photos, planning studies, utility maps, GIS files, etc. will be obtained and reviewed. ~~ Page 1 of 4 07-May-2008 Assumptions: The Airport and City will make available any existing information for copying. Wl:en available, files in electronic format will be obtained. Deliverables: None. Task 1-2 -Programming for proposed building and site improvements. THE LPA GROUP will identify key design issues such. as: services to be provided by the building, scope, and hours of operations. LPA will define site program parameters such as: review of current airport planning and master planning issues affecting the site; relation to active airfield; local zoning setbacks, height, and buffer requirements; site access; parking and loading requirements; handicap accessibility; landscape / tree ordinance; fire protection requirements; and utilities availability and requirements. LPA will provide a description of building program parameters including: general facility goals description, staffing requirements, space descriptions and area requirement tabulation for each department, identification of common use areas and support spaces, building access and security needs, storage requirements, and equipment list. LPA will create narrative descriptions of production interrelationships and internal organization. Assumptions: 1. A meeting will be held with the City project representatives to discuss and refine the program requirements and issues as noted in Task 1-2. 2. Mechanical, Electrical, Plumbing design will not be completed for the project. Only floor plans and elevations in sufficient detail to convey the intent of the project to the building department as well as Design-Build Proposers will be produced by LPA. Deliverables: 1. A narrative of tl:e program requirements for each department and a table of space use requirements for the total building. 2. Plan and elevation view of the building. Task 1-3 -Conceptual design of the site development. This task will include preparation of general requirements for the following: 1. Building Site, including parking, roads 2. Utilities, including requirements package for water, sanitary sewer, site lighting, or other utilities identified Deliverables: 1. Document describing the minimum requirements for site development. 2. Detailed Site plan sufficient for Planning and Zoning approval and constructible by design-build contractor. Task 1-4 - SJRWMD Permit: 1. Drainage- SJRWMD permit will be obtained for the project Deliverable: SJRWMD permit application, responses to up to two RFPs, and Site Permit. ELEMENT 2- DESIGN-BUILD RFP PREPARATION AND EVALUATION Page 2 of 4 07-May-2008 X33 Task 2-1 - An advertisement to solicit the interest of design-build entities will be prepared. Criteria for the design-build entity response and selection will be defined. This will include determining the form of agreement and general conditions for the contract, and requesting information relating to the qualifications, experience, key personnel, and proposed project schedule of the design-build entity (design firm(s), general contractor, and principal subcontractors). Qualifications will be used as part of the criteria to select the design-build entity. Task 2-2 - A package of information to document the minimum design requirements will be developed in conjunction with the Owner. This will describe the minimum requirements for Architectural (Materials and Finishes), Structural, Mechanical, Plumbing, Electrical, Communications & Information Technology, and Site Work. A proposal for the cost of design and construction will be used as part of the criteria to select the design-build entity. Task 2-3 -Definition of allowance items. Cost allowances will be established for furnishings, equipment, and landscaping and signage for the building as required by the Owner. Allowance costs may include estimates of materials testing, field surveys, geotechnical investigations, and other non- construction costs directly attributable to the project. Task 2-4 - Apre-proposal conference will be held to brief interested parties on the requirements of the project. If required, addenda will be issued to all interested parties to clarify the requirements of the RFP. Task 2-5 - A meeting to review and evaluate the proposals received from design-build entities will be held with the City representative and other interested parties. An evaluation criteria scoring sheet will be developed to compare the proposals, and to select the preferred proposal. Assumptions: 1. A meeting will be held with the City project representative to discuss the evaluation criteria and budgetary allowances as noted in Tasks 2-1 through Z-2. 2. A pre proposal conference will be held to present the project requirements to interested design-build entities. 3. A meeting will be held with the City representative(s) to evaluate the proposals received and select the preferred respondent. Deliverables: 1. Advertisement for Request for Proposals (RFP). 2. Information package for proposers. 3. Addenda to clarify requirements or answer questions from proposers. 4. Proposal evaluation matrix. Task 2-6 -The Consultant will review preliminary and final drawings and documents (maximum of two submittals) and provide the Owner comments relating to the indicated design's conformance with the information stated in the RFP minimum criteria. A meeting to review information received from design-build entity will be held with the City representative and other interested parties. Comments will be provided in written form with reproducible drawing markups if necessary to clearly indicate the scope of the comments. Assumptions: 13~ Page 3 of 4 07-May-2008 I. A meeting will be /:eld with the City project representative and the design build entity to review the preliminary documents. 2. No meeting is assumed at the completion of final documents. Deliverables: I. Narrative comments. 2. Reproducible drawing markups if needed. Page 4 of 4 07-May-2008 / 35 Exhibit B :Hour and Fee Estimate ('.itv of Sphawtian Hangar and Shbns Building L ~ d d C ~ C (6 ^ ~ d. .N N .N N C (6 ~U _ U ~ ~ C ~ _~ L ~ C ~ ~ m L [O U ItemlTask Description a~ ~ w Q c; w~ c o ~ ~ Total City of Sebastian Approved Rates --- _. ._ -- _ - $124.00 $115.00 $88.00 I $75.00 $65.00 __ $60.00 Element 1: Programming and Conceptual Des ---- _ -- ign ' ', 1-1: Inventory 16 18 34 1-2: Programming 24 6 30 1-3: Site Design and P&Z Review 8 16 16 40 80 1-4: SJRWMD Permit 10 12 10 32 Element 1: Programming and Conceptual De 0 48 50 28 50 0 176 Element 1: Programming and Conceptual De $0 $5,520 $4,400 $2,100 $3,250 $0 $15,270 Element 2: D-B RFP Preparation and Evaulati ---- on I ~ ii 2-1:Advertisement 4 4 8 2-2: RFP Qualifications Package 40 32 72 2-3: Develop Allowance Items 4 4 8 2-4: Pre-Proposal Conference 16 16 32 2-5: Proposal Review & Meetings 16 16 16 48 2-6 Review Prelim & Final Submittals 32 20 40 92 Element 2: D-B RFP Preparation and Evaulati 4 112 72 0 0 72 260 Element 2: D-B RFP Preparation and Evaulati $496 $12,880 $6,336 $0 $0 $4,320 $24.032 Labor Totals _ __ __ ---- - i _ i ___ Total Estimated Hours: 4 160 122 28 50 72 436 Total Estimated Labor Costs: $496 $18,400 $10,736 $2,100 $3,250 $4,320 $39,302.00 Element 3: Subconsultants JCR- Landscaping & Irrigation $3,000.00 Hillers Electrical Engineering (HBE) -Airfield Electrical Engineering / NAVAIDS $500.00 KSM Engineering, Inc.- Geotechnical /Quality Assurance Testing $2,000.00 Subconsultant Coordination $550.00 CExpenses (Lump Sum Expenses $1,500.00 TOTAL LUMP SUM AMOUNT.' (Elements 1, 2, 3 and Expenses) I~~ 5/7/2008 $46, 852.00 Page B-1 of 1 - smo.cewnaxoaaRw~~:~_re~+;r...:)\~aae\u.i-c.~..mrow,wm~.a.y rm,~o,r of xooe - ~ ~ 1 y i ~ C .\ / . /f j . / y // , ~. , ~: !~ / t ,7 ,. ~~~~ .. i ,. l~ i '; J t.~ 7 ' 1 ~ .:.~ ~. -.._... _ :1~ r-~ -- , _,. I , ~ , ~ ~ ? ~ . ~2G fi < it -~ _ ` I~ r ; I ~ ; ~ ::t y~ L~.n I ",, ~' } t 2 J `~,. ~ r ~ ' / \ J (`~ ~ r VJ - y~ 14t ~' i i` -~. , i ~- ~ i ~ .o .i Dh $ o X. " ~ 4 ~.. `Jll ~ 8Iy _ v i 5g~~;~vam )- o ~ ~ 3 c in ! Q~;eg ~ ~ ~y ~T, t{ x~ v.c ~n g _ n{ c ~ ~ ; IEg_~ ~ O ~ n' ~j S = ~ I ~ ' O f i~ e' ~ m I~~ ~ ~1" D` I ~~ k y 138 ~ ~ --O ~ P. ~ P~ 5 P~ p i €~ ~~ : s ~ s 's' : ~ , ~_ Zl ~ i~.. ---=-'---- 0 ,.::. Z o ~ Z o - .... , S j y • _---_---_._-..---.--'~ --------------- _ ~ y ; S ... ... S 4 N --~ m r `~ 4 N. 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" ~ o -- -Q ~ ~ x'~~ N v ~Ip ~i ,; D ~' ''" Z m D ~ =1 ,j ~D~ ~ Ism z .I XIS n 'J~ D D ^ °' D T LJ-_ -_ f1--1 Y ~ H, _._ _. ~ , ~ _ O . I ~ ~ ' X_ ~ _. ~ - ~ r1 I-fl l ~ `" , ' m - , o- - - _ ---o 24'-0" ~~ ~ 58'-0" ~~ ( ~ ?4'-0" , tia b b B, , b b 4 '' $ i n " - 4 e f v v A 7~ .e F { ~ ~ O m 9 m D ~ ~ p ~ ~ e ~ s ~ iA ~' '^Or $. ~~ OAVar=i $a ' A ~ ~ n m ~ ~z.r= g 1 D: - og z 03D ~' Y ~ s llll~ ;s~§ D- ~ ~~ ~ D D ~ ~ ~ -~ z = IIII~ $~~ i # z O 1?a z < ~ - N ai _ n ~ sR ~~ a5 Q 6r ~ z p 3 v. City of Sebastian, Florida o~F~~~ o~ T~~ ~~~ AGENDA TRANSMITTAL Agenda No. ~~. U 5 Subject: P&Z residency requirement; Date Submitted: 5/7/08 Ordinance 0-08-04 For Agenda of: 5/14/08 SUMMARY: Per the direction of City Council at its April 23, 2008 meeting, a minimum one-year residency requirement is being enacted for members of the Planning and Zoning Commission. RECOMMENDED ACTION: Move to pass Ordinance 0-08-04 on first reading and schedule first reading for May 28, 2008. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: i~- 14~, ORDINANCE NO.O-08-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission is designated as the statutory Land Planning Agency for the City, and holds a vital role in shaping the future of the community; and WHEREAS, the City Council has determined that it is desirable for members of the Commission to have a heightened familiarity with the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 2-170 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: 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 special 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 cityt however it shall be required that anv member of the Planning and Zoning Commission have been a resident of the city for a minimum period of one vear. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. Section 2. APPLICABILITY. The additional residency requirement adopted herein shall not apply to any sitting member of the Planning and Zoning Commission. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to ~3J enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2008. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney i~~