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05282008
arvc~ :' ~ I 111 IU~l~ . ~i. NOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 28, 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 COUNCIL MEMBER PATERNOSTER 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER PATERNOSTER 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, ce-tificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.066 A. Proclamation -Elder Law Month 1 08.067 B. Certificate of Appreciation -Andy Mandell, Mr. Diabetes, Executive Director of the Defeat Diabetes Foundation - 10,000 Mile Awareness Walk 08.001 C. Certificate of Appreciation to Jeff Kagan for Parks & Recreation Advisory Committee Service 8. ITEMS NOT COMPLETED AT THE MAY 14. 2008 MEETING 08.031 A. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint 3-12 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. 08.031 B. LPA Hangar Professional Services Contract (Airport Transmittal, Scope, Estimate, 13-22 Site Plan, Elevations, Floor Plan) 08.065 23-26 C. First Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 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. 27-32 33-45 08.064 47-75 08.010 77-94 9. 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. A. Approval of Minutes -May 7, 2008 Airport Workshop B. Approval of Minutes -May 14, 2008 Regular Meeting 10. COMMITTEE REPORTS Sz 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. 11. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 12. UNFINISHED BUSINESS A. Approve Additional Funding for Trex Material for Pedestrian Bridges (City Manager Transmittal, Info) B. Council Comments on Revised Seawall RFP (City Manager Transmittal, Draft RFP) 13. 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. 2 14. NEW BUSINESS 08.069 A. Consideration of Meeting Start Time -Requested by Council Member 95-100 Paternoster (R-07-32 Meeting Procedures) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mayor Coy B. Mr. Neglia C. Mr. Paternoster D. Ms. Simchick E. Mr. Wolff 19. 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. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 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: June 11, 2008 - 7 pm -Regular City Council Meeting June 18, 2008 - 7 pm -Special City Council Meeting-Charter Officer Evaluation June 19, 2008 - 10 am -Joint Meeting of Governmental Agencies - ISBA Agreement -Richardson Center VB June 25, 2008 - 7 pm -Regular City Council Meeting July 9, 2008 - 7 pm -Regular City Council Meeting July 23, 2008 - 7 pm -Regular City Council Meeting August 13, 2008 - 7 pm -Regular City Council Meeting August 20, 2008 - 6 pm -Council Budget Workshop August 27, 2008 - 7 pm -Regular City Council Meeting September 8, 2008 - 6 pm -Special Council Meeting for Public Hearing on Budget September 10, 2008 - 7 pm -Regular City Council Meeting September 17, 2008 - 6 pm -Special Council Meeting for Final Public Hearing on Budget September 24, 2008 - 7 pm -Regular City Council Meeting CITY OF ~~~~~ R- - Mme, _~ HOME OF PELICAN ISLAND DESIGNATING MAY 2008 AS ELDER LAW MONTH WHEREAS, older Americans are a major national resource and have needs requiring special legal attention, knowledge, and expertise; and WHEREAS, Elder Law is a practice specialty in which lawyers focus on the needs of the elderly and requires the holistic application of numerous legal areas, such as gifts, wills, trusts, estate planning, long-term care, patient rights, insurance and elder abuse; and WHEREAS, the Academy of Florida Elder Law Attorneys, the National Academy of Elder Law Attorneys, the Elder Law Section of the Florida Bar strive to make the elderly aware of their rights and opportunities to improve the quality of their lives through Elder Law. 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 month of May 2008 shall be designated ELDER LAW MONTH in the City of Sebastian. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be afFxed this 28th day of May 2008. Andrea B. Coy, Mayor C~~.O~~ i 0 M~~I11'PAL 1~1~P~3T City of Sebastian. Florida i Subject: Florida Department of Agenda No. ~~1, b,~ Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) for Hangar Department: -~ Construction Airport: Finance Director: City Attorney: A prove for Submittal by: City Clerk: A Mi r, City Manager Date Submitted: Apri114, 2008 For Agenda of: Apri123, 2008 Exhibits: 1. FDOT letter of March 4, 2008; 2. Supplemental Joint Participation Agreement; 3. Resolution R-08-04 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ -0- $ 800,000 REQUIRED: $ -0- SUMMARY On October 23, 2007, Council approved an $800,000 project amount Grant Agreement/JPA from the Florida Department of Transportation (FDOT) to ' Construct T-Hangars at Sebastian Municipal Airport. The combination of the subject grant/JPA (418164) and a previously authorized grant/JPA (409863) will provide the funding to construct the city-owned production facility/hanger for the LoPresti initiative. Conditional authorization to combine the grants was received by FDOT on March 4, 2008 (exhibit 1). The Supplemental Joint. Participation ' Agreement (exhibit 2) is necessary in order to change the project description from: Construct T-Hangers, to: Construct Hangers. RECOMMENDATION 1 Move to approve Resolution R-08-04 authorizing the execution of a Supplemental ' Joint Participation Agreement between the City of Sebastian and Florida Department of Transportation titled: Construct Hangars. °_ _ ~% Flo~i~`a Depaiy~tment of Transportation CAaRLIE CRIST OFFICE OF MODAL DEVELOPMENT STEPIi:1\'IE C. I:OPELOIISOS SECRET aRi' GO~'ER10R 3400 W. Conmiercial Blvd. Ft. Lauderdale. FL 33304-3421 Teiepl~one: (454) ?77-4490 Fay:: (9~4) 6?7-7842 March 4, 2008 Mr. Joe Griffin Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Dear Mr. Griffin: Subject: Letter of Approval Lopresti Development The Florida Department of Transportation has reviewed your proposal to attract Lopresti Speed Merchants to the Sebastian Municipal Airport. The FDOT approves this proposal and the fiollowing requested changes to FDOT funded projects: 1. Airfield Access Road (407706-1-94-01) -This grant was used to design the access road on the westside of the airport. These plans will be shelved and the remaining $655,262.00 will be used to widen, strengthen and landscape the existing entrance road up to the infield area on the eastside of the airport. Also included is the extension of utilities to this area as discussed in the Technical Memorandum from LPA (2/26/2008). There is money allocated in the FDOT Work Program in 2011 to construct the west access road. 2. Construct Hangars (409863-1-94-01) and Construct T-Hangars (418164-1- 94-01 - To be used to construct a large hangar for Lopresti Speed Merchants contingent upon their written agreement to pay fair market value as assessed by a certified appraisal for the space. We will require the signed lease agreement before we issue a notice to proceed for these grants. All terms, conditions and assurances of State funded agreements are in effect for 20 years. We suggest that this be the term of the lease. The grants will continue to be funded at the current 80% Department 20% Agency and we will forward a supplemental agreement to change the description of 418164- 1-94-01 to Construct Hangars. 3. Request for Proposals for the FBO and Fuel Farm have not produced any viable customers. The FDOT agrees with your request to lease a wing of the administration building to Lopresti as long as it is leased for fair market value. f~ «z~~~-.dot.state.fl.us t Mr. Griffin March 4, 2008 Page 2 All of these projects are depicted on the draft Airport Layout Plan (ALP} for Sebastian Municipal Airport. Our notice to proceed will be issued once the ALP is officially approved by FDOT Central Office. If any additional information is required, please contact me at (954) 777-4497 or a-mail at nicole.notz@dot.state.fl.us. Sincerely, ~~ ~ '~ Nicole Notz Aviation Coordinator Office of Modal Development NN/tm/nn Cc: Nancy Ziegler, District .Modal Development Administrator Rebecca R. Mainardi, Aviation & Rail Section Leader File S:\OMD14810 AviationM610.15 Sebastian Muniapal Airport4t810.15.1 Project Management\409863 Construct Hangars\Lopresti approval.doCx STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION ' 04/07 Page 1 of 4 Financial Project No.: Fund: DS FLAIR Approp.: 088719 41816419401 Function: 637 FLAIR Obj.: 750004 Item-segment-p ase-sequence Federal No.: Org. Code: 55042010428 Contract No.: AOY80 DUNS No.: Vendor No.: VF596000427008 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 31st day of October ,2007 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $640,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to Construct Hangars. l 1 l 1 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $0.00 bringing the revised total cost of the project to $ 800,000.00 Paragraph 4.00 of said Agreement is increased by $0.00 bringing the Department's revised total cost of the project to $ 640,000.00 3.00 Amended Exhibits: Exhibit(s) t3 of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement N/A , 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 Financial Project No. 41816419401 Contract No. AOY80 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October 31st 2007 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Interim Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 4 of 4 Financial Project No. 41816419401 Contract No. AOY80 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): to change the description to Construct Hangars. I. Project Cost: As Approved As Amended Net $800,000.00 $800,000.00 $0.00 Total Project Cost $800,000.00 $800,000.00 $0.00 I. Fund As Approved As Amended Net Department: $640,000.00 $640,000.00 $0.00 Agency: $160,000.00 $160,000.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $800,000.00 $800,000.00 $0.00 Comments: 0 725-030-07 PUBLIC TRANSPORTATION 04/07 Additional Page III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. /D i~ ii RESOLUTION NO. R-08-04 ' A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding ' for the Construction of Hangars at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: ' Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT for Project No.418164-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately ' upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: ' Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff ' esolution dul assed and ado ted this 23~d The Mayor thereupon declared this R y p p ' day of April, 2008. i~ ri CITY OF SEBASTIAN, FLORIDA , ,I' By: Mayor Andrea Coy ~ ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney 2 IL • fltY f w,~~"~_ ' ~„ s r HOME OF PELICAN ISIAND AGENDA TRANSMITTAL • Subject: Purchase Order request for Agenda No. C?~S. ~ .~ "LoPresti" Hanger/Shops building design construction services Department Origin: 'ci al Airport Joseph Griffin Finance Director. en Igor ~ ._Q,~ A prov for Submittal by: City Clerk: Sally Maio , City Attorney: Richard Stringer n er, City Manager 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. Prelimina Floor Plan EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $46,852 $1.425M REQUIRED: $46,852 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 9. 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. !3 EXHIBIT A- SCOPE OF SERVICES HANGAR AND SHOPS BUILDING • DESIGN-BUII.D 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: Tl:e Airport and City will make available any existing information for copying. When 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: I. A narrative of the 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 RFI's, and Site Permit. • ELEMENT 2- DESIGN-BUII..D RFP PREPARATION AND EVALUATION Page 2 of 4 07-May-2008 15 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 2-Z. 2. A pre proposal conference will be held to present the project requirements to interested design-build entities. 3. A meeting will be I:eld 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: • Page 3 of 4 07-May-2008 .I~ I. A meeting will be held 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: 1. Narrative comments. 2. Reproducible drawing markups if needed Pale 4 of 4 07-May-200& ~;~~ Exhibit B :Hour and Fee Estimate City of Sebastian Hangar and Shons Builriinn emlTask Description City of Sebastian Approved Rates ~ ~ C ~ ~ $124.00 N _ C C ~ '-' ~ ~ .C C ~ L .~ ~ w a` in $115.00 L ~ Q ~ ~ C C .~ cCp N r ; ~ ~ $88.00 C .~ o $75.00 C m V L ,~ $65.00 V ~ $60.00 tal ~~"` wyT::,~ ~ ff_.,. - Element,i~ml~~~Parnittf-g and ~~~nreptual Des' iyn ,~ ~ .~ - ~.~. w Vie, ,~ ~'~ T ;_I' --. - 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 1=1e~ t~`2'` ~ •~p`~ratryn do ~~ ui'~tior? ~'1S ! '~ C '~ _ ~ ,'f~ : ~' iftiz , ~ S'; 2-1: Advertisement 4 4 g 2-2: RFP Qualifications Package 40 32 72 2-3: Develop Allowance Items 4 4 g 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 L boo Total Estimated Hours: $496 4 $12,880 160 $6,336 122 $0 28 $0 50 $4,320 72 $24,032 c 436 Total Estimated Labor Costs: $496 $18,400 $10,736 $2,100 $3,250 $4,320 $39,302.00 ~ E r~ ~~ ~~F~~~fr: ~:~. ~n'r-~s fr.. ~~ ~ ~ ~~r '>Y'i ~:u~~ .~ ~S ~ "3+~''~`~ 't 3 '~r~1 r7 ~ !}.s '~ ~ f.~_,~ ~.. ~If 1~~. az 1. ~ .%~ i c ~ ~ n , '~~ 4 a'` JCR- Landscaping &.Irrigation $3,OOOY00 Hillers Electrical Engineering (HBE) -Aifield Electrical Engineering / NAVAIDS $500.00 KSM Engineering, Inc - Geotechnical /Quality Assurance Testing $2,000.00 Subconsultant Coordination $550.00 ,. :~ ; _ ,>~ , . , ' ~ ~_~ ~ Lump Sum Expenses ~ ,____ ~ ____ $1 500 OOI TOTAL LUMP SUM AMOUNT: (Elements 1, 2, 3 and Expenses) ~- 5/7/2008 $46, 852.00 Page B-1 of 1 • ~ • • • • c: '~1 y s IfI ~ p ~ ~ i~~ ~ 0 4 ~¢~F`~+~vam © 'oe r~ - ~ ti fa a o ~ ~ 3 ~ ~~; ~ ~Iill~ ~ _a e~i e ~ ~ H 1`/ I ~ e~ ~ r; @ j s 45 f ~~ ~ i ~~ `` y ~' .v° 4 i -I elf Y :~ _ e fk - LP 8 <m y .Tl Z~ ~" ~a~ `fl ~~D O z 4 6 m ti r C 2 1 .._________~ 0. ~.. ~ i J~ 5 ,~ -------- ~-----------fl ~¢96~ ~ ~4 ~ ~ ~~R m m ~ D p N ~ D _+ ~ p D m ~ ; D m ~ C p z n H ~; ~A - an z '~' y ~~ ~O ~c vT 4A ~~Dn ~ ; b$~ i ~~~~~ 2(7 • • • ~t y \• d V b R 4 i N m m D a r m to ~ mx D 1 Dm ~ D m ~z 00 A3Dm Z A ~ Z ~_ ~ ~ _ D m r O -O V C i i m D ti O D Z \..l I y ~§q~ ~~~a ~ ~ f'~ ~~Dp 4ii ;jR ~3 7\ ~J ~, _~ ~~ g'~ $va r~i ~ r. € y ~ 4III~~ g z S3 8' PR z~ 8 ~ S v. Z~ ~, y m zZ 106'-0" Q ~~ n ~ ~O m ~ mD 6 Z ®. 0 1~ I I o----~ o------- o-- o---- o--- o--- ~~ ' i~ ,lam 24'-0" V o~ m ~ a ~ ~ r g D o O m y ~ 3 ~ p _y -~ n~ ~6~ vz O;Dd g ~ i Z ~~ Z< n N _ ~ 8 sr D ~ m ~ r 58'-0" Q I I I 3 - ~- -o J=-~ -o --~---o ~ ~_-_ ~.~ ~~ o i , H, -_-_ 1 I 1 1 " - -o ~~ ~ ~ 24'-0" I b b ~~ . ~ ~~ -~x ~o~~ S.xB .O~var=+, 9 C~~' ZII'I~ a[ ni ~ gllll~ °o~ e ~ 4~ iI $ ~ i ~ H ~ City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. U~. ~ 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. f REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: • ~3 • • Zy 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 city 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 year. 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 (zs 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: by Councilmember and, Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 2008. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy day of Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney LJ • • aivoF ~ ~'~-N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES AIRPORT WORKSHOP WEDNESDAY, MAY 7, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3 4 Mayor Coy called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. 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 Airport Director, Joe Griffin Police Officer, Rob Kyzer Mayor Coy noted there would be no action taken tonight. DRAB AIRPORT MANAGER PRESENTATION A. Introduction of Sebastian Police Officer/Security Officer Rob Kyzer The Airport Director thanked Ed Herlihy for his volunteer work on the Airport Website upgrade, and introduced Police Officer Rob Kyzer, who lives with his family and provides security for the Airport. Officer Kyzer, who is also a canine officer, said it is his goal to secure the airport and not to cause any inconvenience to anyone, said he has an open door policy and can be reached day or night by cell phone. Z~ City Council Workshop May 7, 2008 Page Two ~RPpS B. Airport Voluntary Noise Abatement Procedures (Airport Transmittal, Procedures) The Airport Director gave a presentation by overhead citing the various locations such as the administration building, golf course, tenants and runways 4, 22, 8 and 26 on the airport property, noted the City only has control of the airport on the ground and has no control tower, provided recommendations for a voluntary noise abatement program such as reducing hours on various days for certain operations and tightening up the traffic patterns to keep planes away from residential areas, discussed installation of the PAPI lights on runways which are set at 3 degrees at this time to assist pilots in tracking correct altitudes on approach, stated there are approximately 50 operations per day of which 22% are Skydive Sebastian, 10% are locals and the rest are typically flight schools. He noted the 060 heading which has been recommended has about an 80% compliance at this time. He requested a dialogue with residents and Council to develop the abatement program, which when implemented would be advertised on the website and by pamphlet and distributed to flight organizations. In response to questioning by Mr. Wolff, Mr. Griffin explained that the biggest noise concern he hears is that of repetition, that when he hears complaints he tries to work with the residents, that local pilots want to be good neighbors, however, noted that flight schools are allovvec~ o use the airport because the airport is a public land grant and though they don't contbu;d~re~tryy to`,the airport, they pay excise taxes and they have the right to use the airport. 4~ ~ ~ ~; ~,~ •~ <i At the request of Mr. Paternoster, Mr. Griffin gave a brief history on the airport property which was originally a Naval field in 1943 and was deeded to the City of Sebastian in 1959 from the Federal Government with a right of reverter if the City should choose not to operate it as an airport. He said former Manager, John Van Antwerp worked to establish the golf course on the property, and cited the closing of runway 13-31 to open up an area for industrial development. Ms. Simchick said she would like to take noise out of the issue and focus on safety issues, citing concerns of planes and skydivers utilizing the same airspace, stating it is an accident waiting to happen. Mayor Coy echoed her concern, but said we need to look at this as a major voluntary effort because we can't tell flight schools not to come here. Mayor Coy called recess at 8:14 pm and reconvened the meeting at 8:29 p.m. All members were present. 5. PUBLIC INPUT Mayor Coy noted that there were representatives of three groups present in the Chambers, i.e., airport tenants, local residents, and outside users. She called for public input and asked for the individuals to identify which group they represented. Bonnie Stewart, Robin Lane, Sebastian, said she had a noise complaint due to low flying planes over Point-O-Woods Subdivision, and asked if the laser beam the Airport Director had told her had been installed. Mr. Griffin said the PAPI system had been installed on runway for with a 3 degree beam which is adjustable if needs to be. Z8 DRAFT City Council Workshop May 7, 2008 Page Three Mr. Wolff asked what regulations are in place for microlights and powered parachutes. Mr. Griffin said they would be asked to comply with voluntary rules and have been asked to stay away from residential areas but that they are not subject to the same regulations as airplanes. Holly Dill, Roseland resident, thanked Council for allowing non-residents to address this issue and suggested that there be a flight demonstration at the airport to show people what the suggested flight patterns would be. Rick Carey, Airport tenant, said the proposed flight patterns are unsafe, not to circumvent noise issues with safety regulations, that noise issues at this airport do not meet noise thresholds, that the City already mitigated noise by closing 13-31, and that the new administration building was to be used to the benefit airport pilots and to promote the airport but was not being utilized appropriately. ?? Woodall, 134~h Street, Roseland, said he had no problem with Skydive, that Velocity planes were noisy and obnoxious, had met with Airport Manager and believed some changes have been made, but Flight Safety was the biggest problem, citing a noise study he conducted from his home, noting the noise makes life unbearable. Joe DiGaetano, Robin Lane, Sebastian, said it is hard to live in Point-O-Woods Subdivision and asked where the touch and go planes come from and Mr. Griffin replied they are transients. Mr. Gaetano said the planes are low and Velocity planes are a problem. He asked who he could call who would enforce the problems and in response to Mr. Paternoster he said the planes are so low he could touch them if he flew a kite. Neal Alderson, Express Charters of New Jersey which flies for Skydive Sebastian, said they do their best to alleviate their footprint and spend extra time in the area to reduce the time over residential areas and will continue to do their best to work with neighbors. Mr. Paternoster noted Skydive Sebastian uses a Twin Otter which can climb faster than the single engine planes can and most people say Skydive is not a problem. In response to Ms. Simchick, Mr. Alderson cited how he is in contact with Miami control for each skydive operation and most skydive conflicts are with transients which travel north and south over the Indian River. Cindy DiFalco-Corrado, said the airport has been here 50 years, flight patterns go over her house but she likes the sound, and asked why move near an airport and then complain. ??, Sales Manager for LoPresti Aviation, and City resident, said LoPresti ships most of its parts out by UPS and does less than 2% of its service at the Sebastian Airport. He said he had reviewed Mr. Griffin's proposed plans and did not see any safety concerns. John Van Antwerp, former Airport Director for 20 plus years, and AOPA volunteer, said pilots welcome noise abatement, noting there had been voluntary rules in place for many years, he recommended advertising the suggested flight times, and if keeping traffic patterns tight post disclaimers that it is the pilot's responsibility, and to highlight the ' 29 ORAFt City Council Workshop May 7, 2008 Page Four Skydive drop zone. He said he thinks a closed traffic pattern is good but not with Skydive operations. He said the City has already spent over $5 million addressing these issues and Council is reinventing the wheel. He suggested keeping flights high. Bob Denton, Roseland Road, said he met with Mr. Griffin about the proposed flight patterns and actually flew them, but could not meet the criteria with his plane and going out over the lagoon worked better for him. He said he will meet with Mr. Griffin again to help with massaging the plan. He noted that Point-O-Woods has 22 lots and the last three houses built are under the runway 4 approach and the last house is three stories and about 150 feet below planes if they use the 3 degree slope. Damian Gilliams, 1623 US 1, said he had owned a lot in Point-O-Woods and didn't like the neighbors, felt for people who live near the airport but noted it has been here since 1943, said the proposed plans are dangerous and we need to work on the industrial property at the airport. John Oakes, Collier Club, Sebastian, said he was moving to North Carolina, suggested people read the book FAR/AIM, noted Council has no jurisdiction over flight issues and urged them to have the courage to say so or close the airport. Mr. Griffin responded as requested by Mayor Coy, that the City could not close the airport, because if we fail to run airport operations, the feds would find another sponsor to do so. Mr. Paternoster again stated that the Council and administrative staff have jurisdiction for airport operations on the ground and for planning and construction activities. Mayor Coy agreed the best Council can do is to try to get the offending folks to become compliant with voluntary rules and if they choose not to there isn't much Council can do, but closing the airport is not an option. John Jays, pilot since 1971, said there are no restrooms open for weekend fliers and the new building is not serving aviation as it should. Mr. Paternoster said there is a restroom in the fueling area that is always open and an emergency hotline. Mr. Griffin concurred. In response to Ms. Simchick, Mr. Griffin said the pilot lounge is open from 7:30 am to 4:40 pm Monday through Friday. Ms. Simchick asked how we can make it available on the weekend and suggested perhaps Mr. Griffin's hours could be Wednesday through Sunday. Mr. Griffin said this would be up to the City Manager and the City Manager said if you give up weekdays you lose important contact with various agencies that is necessary to the operation, but if Council wanted him to look into it he would. Mr. Griffin noted there are two airport personnel and a police officer who are also there at times on the weekend. Chuck Lever, Sebastian, suggested hiring apart-time person. 3v 4 City Council Workshop May 7, 2008 Page Five DRAFT Dave Carvey, Friends of Historic Roseland, said the group has 147 members, does not support closing the airport but have been busy working toward establishment of periodic meetings in a neutral place to identify issues and do consensus building and look forward to amenable results. Bob Musante, 126th Street, Roseland, said he was a member of a group which 15 years ago worked to resolve some of these same issues and developed a master plan, said Roseland people don't have a problem with local pilots or Skydive Sebastian. He said many years ago he suggested to Peter Banfield who ran Flight Safety to go to 1000 feet and he said no problem and did so for a long time. He noted Mr. Van Antwerp and Mr. Denton recommended to fly higher and that his group has tried to talk to Flight Safety again and they say they will deal with City management. Mayor Coy suggested his group try to sit down with Flight Safety again, and they can have the Airport Director notify Council of the outcome. Dan Fast, ?? said there is no reason not to open the pilot lounge on weekends Mayor Coy asked if extending our any farther is a problem with commercial flights and Mr. Griffin said the problem would be that we move the noise further over homes like the Maerz home on Indian River Drive, and that he is asking for the best rate of climb. Mayor Coy called recess at 9:47 pm and reconvened the meeting at 10:03 p.m. All members were present. Debra Maerz, Indian River Drive, Roseland, said most noise and flight patterns go over the north county area, suggested stopping the 060 turn and not using runway 4 as the preferred runway but rather use runway 8, and stated if we could work together in workshops we could get a lot done. Scott Baker, Velocity Aircraft, presented an overhead exhibiting current runway approaches and said airplanes belong at an airport, local pilots are following guidelines, agreed with most of Mr. Griffin's suggestions except runway 4 because he was concerned all lines are not to scale and said not all aircraft can make these turns. He said the City and County need to better inform people where the airport is when they are contemplating building or moving here. County Commissioner Wesley Davis thanked Council for conducting the workshop and the individuals who attended. Nancy Burt, North Indian River Drive, Roseland, said 060 should be removed, and said she had gotten the name of the new Flight Safety manager, suggesting a round table forum with them and urged Council to move forward on this. Mayor Coy suggested limiting the participants to exclude Council and have the residents and flight schools meet with Mr. Griffin and then come back to Council as a whole for follow- up. Mr. Neglia said we have held workshops and the result is always the same. ' 31 City Council Workshop May 7, 2008 Page Six ~RAFS Mr. Paternoster said he was inclined to agree with Mayor Coy and would like to see what Mr. Griffin can work our and then come back to Council. In response to Mr. Neglia, Mr. Griffin said someone will always be unhappy with the result because there are too many variables. Ms. Simchick thanked everyone for being here and providing information and offering to have a workshop and agreed Council should stay out of it rather let those who spoke get together and roundtable with the City Manager and Airport Manager. MOTION by Ms. Simchick and SECOND by Mr. Wolff to extend the meeting passed on a voice vote of 5-0. Mr. Wolff thought Holly Dill's idea was good, fantastic that Mr. Denton flew the pattern, and suggested we fine tune this and have a document that is voluntary, look into the use of the airport lounge, and have affected parties get together for a greater chance of input because though we won't make everyone happy we will get them talking. Mayor Coy noted that during the Philipson development at the airport, there were workshops between staff and Roseland residents that she attended and it worked. She stated the City Manager has his marching orders from Council to conduct small scale workshops with residents and airport users and then bring it back to Council. Ms. Simchick asked the City Manager to announce the workshop dates at the next meeting and Mayor Coy added it can be placed on the website and Channel 25. 6. Being no other business, Mayor Coy adjourned the Workshop at 10:35 pm. Approved at the May 28, 2008 Regular City Council Meeting. Andrea 8. Coy, Mayor ATTEST.' Sally A. Maio, MMC -City Cleric 3Z cm~~ `ST1,fi~ ~.~L,y HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 14, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3 4 5 Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Vice Mayor Neglia. There was a moment of silence led by Council Member Paternoster dedicated to the victims of the recent wildfires in Brevard County and across the State. Vice Mayor Neglia 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 ORppS Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joseph Griffin City Engineer, David Fisher Growth Management Director, Rebecca Grohall Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Police Lieutenant, Michelle Morris Public Works Director, Jerry Converse 33 ~~ Regular City Council Meeting R A May 14, 2008 D Page Two 6. AGENDA MODIFICATIONS Modifications and additions -~quire unanimous vote of City Council members None. 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 Plaaue - Emgloyee of the 1St Quarter Mayor Coy presented a plaque and bond and congratulated Wanda Webb who was named Employee of the 1St Quarter. 08.057 B. Proclamation - USFWS Pelican Island Wildlife Refuge Manager Paul Tritiak 1 Mayor Coy read and presented the proclamation to Paul Tritiak and his family and told him he will be missed. Mr. Tritiak thanked her for the proclamation, noting he has been a resident since 1993, and thanked the City for support for the annual Pelican Island Wildlife Refuge, and announced he will be moving to the Ding Darling Refuge in Sanibel. 08.058 C. Proclamation -Public Works Emoloyees -Mav 18-24, 2008 3 Mayor Coy read and presented the proclamation to Public Works Director, Jerry Converse, who thanked her on behalf of all Public Works staff. 08.059 D. Proclamation -National Tourism Week -Mav 10-18, 2008 5 Mayor Coy read and presented the proclamation to Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, who along with Nicole Capp gave a brief presentation on recreational activities in the area. Brief Announcements Mr. Paternoster said his old cell phone had been out of service, he had just received a new phone and would get back to anyone who had contacted him. Mr. Neglia discussed the recent successful Relay for Life event and thanked the Sebastian Property Owners Association team, the Sebastian River High School students who helped with anything that needed to be done and all the participants. Mayor Coy announced the Memorial Day service in Riverview Park on Monday, May 26, 2008 at 11 am. There was a consensus to agree to a joint meeting for the ISBA agreement on June 18tH with a second choice of June 16tH There was a consensus to conduct a Special Meeting on June 18th at 7 pm for the Charter Officer evaluations. ~~ 2 DRAFT Regular City Council Meeting May 14, 2008 Page Three Ms. Simchick thanked Bruce and Barbara Zingman and all volunteers for the KIRB cleanup and said we should do this more than once per year. 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) Mayor Coy noted this is time for Council input following the lengthy special meeting where public input was taken. She suggested starting off with deciding if we are going with vinyl or steel. MOTION by Mr. Paternoster and SECOND by Ms. Simchick that we use vinyl material for the seawalls with a concrete cap. Mayor Coy said she was going to dispense with using the rotation list and advised Council members to speak up if they had something to offer. Mr. Wolff began Council discussion expressing concern for how we got to where we are and said it seems we have a problem executing RFPs, whether at the airport, the CRA or Collier Creek, that this RFP was destined for failure, noting staff has said they feel 100% that they followed the guidelines. He said it was inevitable this would come to Council because it was too vague and was not giving anyone the ability to make comparisons, and that staff does not have the prior experience in this particular project. He said he looked for steel to be a viable option and could not find it, and the comparison between vinyl and steel arose because the vinyl became so contentious because of the way that the RFP was handled that steel was introduced to alleviate the potential for any lawsuits or contractors from crying foul. Mr. Wolff continued that the steel presentation was not good, we found engineering was conceptual and there was no finite cost, nor did it meet certain standards and left the steel number open to interpretation, and did not the like the steel presentation that was made. He said he liked Custom Built Marine's presentation relative to saving trees where the current plans call for removal of trees. He said ultimately he wants to complete the project within budget and properly, asked why we would get into anything that would require maintenance, and asked what makes us think we will go back and maintain steel walls. He said he thinks the steel issue has been a red herring because the RFP was not executed properly and if we chose a vinyl person we would have problems. He noted that the concrete caps and tiebacks are still standing after 50 years and everything else has failed, and the use of cantilever steel just doesn't ring in logical sense. He said the residents have said they want vinyl with concrete cap. He said we need to go back and decide what type of concrete cap and the thickness of the vinyl we want and the type of tiebacks and then the citizens will get the bang for their buck and know we have been responsible with taxpayer money and have gotten the best deal. He said he would not be voting for the steel supplier or installer tonight. ' 35 Regular City Council Meeting May 14, 2008 Page Four pRpFT Mr. Neglia said we should have not bothered with the steel, that staff probably thought the steel would be best for the City, the RFPs were not put together properly, said he keeps reading all the materials and said whichever way we go, if we do go vinyl we should put it out to bid again. He said whatever we do has to be the best for the citizens, said both products will work, but one will be less work for the City. Mayor Coy said she has been a proponent of steel, was disappointed there is only one bid, noting the steel came in with the other bids contrary to what is being said about lawsuits, said the cantilever wall makes it so we don't have to put in tiebacks, and won't agree to use old tiebacks if we use vinyl. She said digging up old tiebacks will cause problems in some people's properties and they will have to be fixed and we will have to get permission to go onto properties. She said steel is cantilevered and will not require tiebacks and the costs would be about the same. She recommended we rebid either one, because this process became corrupted, and then showed the voluminous material Council was asked to review. She said she has been inundated by a-mails from the contractors, and it should never have happened. She said the contractors should have gone through City staff and Council should not have been lobbied. She said if Council rebids there will be no lobbying allowed, noting the steel guy did not lobby Council and thought that honorable. She said she will strongly recommend that we go out and rebid steel with specifications. Mr. Paternoster agreed with Mr. Wolff and Mr. Neglia and part of what Mayor Coy said. He asked the City Manager if this was a bid or a design build. The City Manager said a bid is when you go out to the marketplace and you have a specific spec and you ask to be provided with a bid and you award a contract based on numbers only, but in this case we asked for proposals to build us a wall any way you want to and we will rank it as to design, ability to work with you and other criteria and on cost. He said he took exception to the statement that we don't know how to do RFPs. He said a proposal is ambiguous, and does try to compare apples and oranges and bananas so we can take what is best for us. He said if we go back out we will do an RFP with a little bit more specifics so we can save money on professional services, but if Council decides it wants a specific project with vinyl and a concrete cap and tiebacks, it will need a new CCNA process and be redesigned and will set us back to in his estimation over $100,000. He again explained the difference between a bid and an RFP. Mr. Paternoster said Council was under the impression that the material originally being considered was vinyl. Mayor Coy said she was not under that impression. The City Manager said he concurred with Mr. Paternoster's statement but at the 11th hour the steel came into the picture. Mr. Wolff said he recalls that at a previous meeting it was said it would be concrete cap and vinyl walls. The City Manager said that is correct that we were leaning toward vinyl. Mr. Paternoster asked what CDM had done for the money we paid them, and the City Manager we will pay them approximately $13,000 for their review of proposals based on safety factors, they sat in meetings, looked at dredging, tree, deflection specs, and reviewed a list of questions from proponents. Mr. Paternoster said basically they designed the wall and the City Manager disagreed, that their job was not to design the wall they but used their professional experience to advise the City if the wall would work. 3~ 4 DRAFT Regular City Council Meeting May 14, 2008 Page Five Mr. Neglia said CDM had to switch gears from vinyl to steel and determine how it would work. Mr. Paternoster said their calculations regardless were set so they knew what mathematics were involved in the wall itself, and CDM said either product would work. He said what we paid them for was to tell us both products would work. The City Manager said to make sure that the engineer that brought a design to the table by a potential contractor provided a design that would work. Mr. Paternoster said he would not want to use existing tiebacks, and asked for clarification that if we have to go back say 15 feet we could come out further and put fill behind the wall so we would not have to encroach on properties, and asked if tiebacks would still be an issue. The City Manager said that a tieback system would work, and there would be other potential issues, but he would still recommend a cantilevered system without tiebacks. Mr. Wolff said the work will be done from a barge, and no one is going to dig up anyone's yard. He described the process used, and said if obstruction is discovered, you would shorten the tieback used and use a thicker tieback or use tiebacks closer together. Mr. Paternoster discussed calls received from vendors and Mr. Stringer agreed this is not commonplace, and Mr. Paternoster said he did not receive a memo telling Council members not to talk to them so it continued. He said Council was at a loss for what to say and that is why we had the meeting on April 30'h. He said he is for the vinyl product. He questioned why the City Attorney is sitting on a review committee, and should be acting as legal counsel if there were problems, said he was told by the City Manager there may be legal issues, as Council they deal with what is put in front of them and concurred with Mr. Wolff that something, somewhere went awry, and the best way to get out of it is to throw it all out and start over, but that is not fair to anyone. He said we need to decide on the material and then what we are going to do. Mayor Coy said there was someone who is here tonight in the audience who told her there will be a potential lawsuit, so she stopped answering the a-mails and calls. Ms. Simchick said the four pages in the April 23~d packet was a disappointment to her with the lack of information on the recommendation for steel, said the steel custom design build was an honest bid, it was not specific to vinyl, and said making this decision she did not mind sifting through the information that Mayor Coy held up. She said the litigation issue came up because there were statements that we were already in preliminary negotiations which was not true. She said she preferred the vinyl with concrete cap, and asked staff if we could put this out again as a custom design build with vinyl and concrete cap. She recommended that there will be an opening date and closing date and no lobbying of Council or providing additional information after it is closed. She agreed with Mr. Paternoster that legal advice should have been forthcoming about how Council should conduct themselves with vendors and a letter sent to vendors. Mr. Neglia said with all he is reading is that the steel is the stronger way to go and the sheet vinyl has only been used for 19 years and there are no studies on it. Mr. Paternoster changed his motion at this time to vinyl walls with concrete cap and new tiebacks and Ms. Simchick seconded the changed motion. 5 ~~ Regular City Council Meeting May 14, 2008 Page Six ~~ Result on the roll call vote was as follows: R Ayes: Paternoster, Simchick, Wolff O Nays: Neglia, Coy Passed 3-2 MOTION by Mr. Neglia and SECOND by Mr. Paternoster that we rebid the vinyl product. Ms. Simchick clarified that the City Manager said it cannot be a bid but has to be an RFP due to additional engineering cost that a bid would require. The City Manager said it could be a bid but it would have to be speed out and recommended an RFP for a design build on a vinyl wall with new tiebacks, concrete cap and asked them to design the wall for us. Mayor Coy added "and no lobbying". The City Attorney said the alternative is you can spec out a wall and do a straight construction bid, CDM can design it and bid it out and then you are just looking at numbers but you will have to pay design costs but the design costs were already wrapped into the proposals. The City Manager concurred but anticipated the cost would be in excess of six figures and if Council did not want to use CDM they could go back out and use the CCNA process for engineering. Mr. Wolff said we don't want to spend six figures, that CDM has never designed a vinyl wall, and Council expects staff to do what is right for all the taxpayers, that this is not rocket science but is just a wall, and then in the evaluation Council has to figure out how do we know who is getting a fair shake. Ms. Simchick stated she would like the plans we received at the request because as Mr. Wolff has stated, his experience is the same as the City Manager's so he can evaluate this and ultimately it is Council's decision and we can make the same value decision as the City Manager. She said staff's job is to break it down into sound bytes and palatable sections Council can understand, so we can see how they rank it and either go with staff recommendation or not. Mrs. Simchick said there is a motion on the floor, and there was a clarification whether to use the word bid or go back to the CC. The City Manager said if Council passes this motion staff can draft out another RFP, and before it hits the streets run it past Council and lay out in a memo ancillary to the RFP so that you can see a timeline, when we get into ranking the criteria maybe get into modifying how we rank, then do staff interviews or Council interviews. He said he will provide the RFP to Council before the end of the month so Council can see how the process will work before staff starts it. He gave a rough timeline as follows: staff writes RFP this week or by the end of next week May 23, Council receives a draft RFP via a-mail, he will take comments and put them into play as he sees appropriate, by the first part of June have an RFP out for a thirty day period, proposals come in first of July, two weeks to review proposals, committee review and a special meeting for ranking in mid-July, negotiate contract by end of July or beginning of August, with contract execution and then notice to proceed by the end of August or beginning of September. 38 ` Regular City Council Meeting May 14, 2008 Page Seven Mr. Paternoster asked the City Attorney for the legalities on disclaimers to prohibit lobbying, and the City Attorney said you can put it in the RFP though an experienced public contractor knows he is not to lobby. Ms. Simchick again noted the motion was clarified to be for an RFP and not a bid. The City Clerk noted that Mr. Neglia made the motion and asked if he was changing it from bid to RFP and he said he was, and Mr. Paternoster confirmed the second. Mayor Coy again said public input was allowed during the special meeting and this time was for Council deliberation. Result on the roll call vote was as follows: DR ~~T Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 5-0 Mayor Coy called recess at 8:35 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 08.054 9. Items Not Addressed at the April 23, 2008 Regular City Council Meeting A. Land Development Code Business Sign Change Recommendations (GMD Transmittal, Memo -Same Backup as Provided for April 23, 2008 Meeting) The City Manager briefly presented staff recommendations to change code provisions to allow sandwich board type signs. Beth Mitchell, Sebastian River Area Chamber of Commerce, submitted a handout from Small Business Administration on the importance of signage (see attached), and thanked Council and staff for being responsive to businesses. Cindy Falco-DiCorrado, concurs with allowing this type of signage. Damien Gilliams, 1623 US 1, commended staff for getting this done, however, a lot more needs to be done, and recommended a summit, said we need more parking, said homeowners are also hurting and suggested a big garage sale in our park once per month until things turn around. Mr. Paternoster said he is all for this and talked about permanent signs much like those in the historic area of Melbourne. He asked the City Manager if signs have to be according to the old fishing village theme. The Growth Management Director recommended wood framed, chalk board style or white board style, not plastic. Mr. Neglia agreed, but was concerned about pennants and flags. Mayor Coy thanked staff for getting this back and said she was in favor. 39 Regular City Council Meeting May 14, 2008 Page Eight Ms. Simchick said she would not want to specify no vinyl signs because of the weather and extending grand opening to sixty days is fine. Mr. Wolff said the sign material should not be stipulated by the City and agreed to the sixty days. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve the LDC business sign change and disregard the stringent regulations on sign type and allowing for vinyl and extend to 60 days passed on a voice vote of 5-0. The City Manager described the approval process and said staff will act accordingly with Council's recommendation. ~ Q7~~ The City Attorney said we will suspend enforcement until that time. D 08.055 B. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, Memo, Plan, Mags, Letter, Q & A from Developer's book -Same Backup as Provided for April 23, 2008 Meeting) The City Manager said this is a County project and asked if Council has any concerns that staff will take them to the County. The Growth Management Director said Liberty Park is a Planned Unit Development Traditional Neighborhood Design which comprises 637.53 largely outside the urban service area and is located south of CR510 and west of 66th Avenue (Schumann Drive). Further information on the project is located in the agenda packet in a memo from the Growth Management Director dated April 16, 2008. Todd Klitenic, Barber Street, Sebastian, said this looks like a good project. Andrew Kennedy, P & S Properties, representing the developers who are local investors, noted attendance by Engineers Brian Goode and Joseph Schulke, listed the rest of the team who were not in attendance, described the property for which they are receiving positive support and then responded to questions and concerns from City Council relative to children in the development being given preferential treatment to attend Liberty Magnet School, where the mitigation open areas are and their relation to Sebastian, which Joe Schulke described and are set out in the agenda packet, concerns to the City of Sebastian such as fire service, salaries for fire personnel and City road impacts, what the cost of the homes will be and whether there will be affordable housing, and how they will fill housing in this time of housing problems. Mr. Kennedy said they were donating property for a fire station and that he can get back to them on housing costs. Ms. Simchick said she would like to see traffic issues such as Barber/Schumann and US 1/Hess worked out now with the City as the developers have done for the County. Brian Goode, Kimley Horn, responded to traffic concerns relating to the Barber/Schumann intersection. 4~ 8 Regular City Council Meeting May 14, 2008 Page Nine Damien Gilliams, 1623 US 1, familiar with P & S Properties, said Proctor is a class operation, we should welcome them but good point about fire impact, maybe they should provide because they are impacting the community, and recommended contacting the IRC School Board construction manager. MOTION by Ms. Simchick and SECOND by Mr. Wolff to recommend coordination of staff's proposal to submit a formal transmittal of comments to Planners regarding this project. Mr. Neglia said he was concerned about traffic impacts to Sebastian and the piece on Barber and US 1. Mr. Paternoster asked that they get back with minimal cost of housing because of his concern that so many houses are up for sale. Mr. Wolff apologized to Mr. Kennedy for his comments regarding school children not walking to school in Florida. Voice vote on the motion passed 5-0. tzar i 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 Meetin 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. Mr. Paternoster suggested moving item 15 B to this part of the agenda as item 9D because it is an airport item that goes with this item. Ms. Simchick said we cannot do this and staff clarified that this can be done by a motion to amend the agenda and approval by majority vote and it is only unanimous to add to the agenda. MOTION by Mr. Paternoster to move item 15B to 9D failed for lack of a second. MOTION by Mr. Wolff and SECOND by Ms. Simchick to move item 9C to New Business and move 15A and (inaudible) to the top of new business passed on a voice vote of 5-0. Mr. Wolff clarified that 15B is 9C. 10. CONSENT AGENDA 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) 41 Regular City Council Meeting May 14, 2008 Page Ten 08.061 D. Approve Sebastian River Art Club's Show at Riverview Park on 11/15/08, 2~-30 12/13/08, 01/17/09, 88, 8~/~~/A9, 2/28/09 and 3/1/09, 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) MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the consent agenda as it stands passed on voice vote of 5-0. The City Clerk stated for the record the February dates for the Art Club were requested to be changed to February 28th and March 1, 2009, and Parks staff had cleared and concurred with those dates. There was no Council objection. Mayor Coy called recess at 9:55 p.m. and reconvened the meeting at 10:12 p.m. All members were present. 11. COMMITTEE REPORTS & 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 DRAFT 08.047 i. Fill One Expired Regular Member Position -Term to Expire 5/1/2011 35-41 ~t_y Clerk Transmittal, Application, Ad, List) MOTION by Neglia, SECOND by Wolff to reappoint Mr. Larry Paul to serve from (to) May 1, 2011 carried on a voice vote of 5-0. 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) City Council interviewed Mr. Srinivasan. Mr. Paternoster asked if he had had a medical procedure which prevented him from attending the last meeting and Mr. Srinivasan said he had the procedure and had talked to the Deputy Clerk and it was his impression that since he was the only applicant, he would be appointed. Mr. Paternoster expressed concern for the tone of the letter sent to Mayor Coy after that meeting from Mr. Srinivasan. In response to Mr. Paternoster Mr. Srinivasan said he analyzes data relating to the utility for the City of Vero Beach. Mr. Paternoster said he feels in reading his letter, that Mr. Srinivasan feels angry. Mayor Coy said she only wanted an opportunity to meet with him because Council had no knowledge of him and usually know of something of board applicants. Mr. Wolff asked him to elaborate on his three years in local government. 4Z ~~ Regular City Council Meeting May 14, 2008 Page Eleven Mr. Srinivasan explained his work with the City of Vero Beach. Ms. Simchick said his wife works with the Sebastian Police as a dispatcher. MOTION by Ms. Simchick and SECOND by Mr. Wolff to appoint Mr. Srinivasan. Mr. Srinivasan said he had some minor experience with plans and no prior experience with Planning and Zoning. Motion passed on a voice vote of 5-0. 12. PUBLIC HEARINGS -None pR AF 13. UNFINISHED BUSINESS 08.063 A. Barber/Schumann Intersection Funding Update (Council Transmittal) 53 The City Manager gave a brief presentation reiterating his report on Ms. Simchick's efforts in Tallahassee to seek funding for the Barber/Schumann intersection improvement and commended Representative Poppell for his support (see City Manager memo attached). MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the meeting to 11 pm passed on a voice vote 5-0. Ms. Simchick thanked everyone and reported on her lobbying effort in Tallahassee and thanked Representative Poppell for his support and said she wanted residents to know we don't have the final say in this. 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. Damien Gilliams, 1623 US 1, thanked Ms. Simchick for her efforts, reported Brevard County received millions for many projects from Tallahassee, thanked Mr. Poppell for his efforts, and suggested staff put together a garage sale in the park for residents and businesses can participate, commended Chamber video, and said we need to jumpstart businesses. Larry Paul, 1701 Sunset Lane, Sebastian, thanked Council for reappointing him to Planning and Zoning Commission and welcomed the new member. Richard Gillmor, 744 Kroegel Avenue, Sebastian, discussed homes in the community that are not being taken care of due to foreclosures, etc., and recommended apublic/private venture to maintain rental homes or homes for people who don't have time or money to fix up homes and said perhaps the City can hand off maintenance to the Exchange Club or churches. He called it Spruce Up Sebastian. 43 Regular City Council Meeting May 14, 2008 Page Twelve 15. NEW BUSINESS DRAFT 08.064 A. Pedestrian Bridge Construction Contract and Neel-Schaffer Professional 55-130 Services Amendment -Third Pedestrian Bridge (Engineering Transmittal. Photo, Contracts. Bids) The City Manager's recommendation in the packet was for amendment to the Neel-Schaffer contract in the amount of $12,825; award contract in the amount of $556,800 to Gregori Construction & Engineering to provide and install three galvanized steel fabricated pedestrian bridges on Barber Street at Hardee Park, Periwinkle Avenue over the Elkcam Waterway, and Barber Street between Concha and Joy Haven, and authorize the City Manager to transfer $277,825 from DST funds in order to execute the agreements and cover the cost of FPL electric improvements. Richard Gillmor, 744 Kroegel Avenue, encouraged Council to approve for pedestrian safety reasons. Mr. Paternoster asked if this conforms to ADA standards and the City Manager said it does. Mr. Neglia asked about the lighting costs, and Frank Watanabe, Neel-Schaffer said LED lighting is costlier than florescent. He said there was consideration for solar lighting and it was a higher cost. He said the LED lighting is very durable and will last. He said lighting during power outages can be looked at but the design does not include it. Ms. Simchick asked why wood and not trex was considered, and Mr. Watanabe said wood is very durable and is pleasing to the environment. Mr. Watanabe said the deck surface can be looked at for a cost saving. Mr. Wolff asked why the bridge needs to be lit, and Mr. Watanabe said this is due to the fact that it is over a canal for safety reasons. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve the pedestrian bridge contract but ask if they can look into using the trex because it would be better for everyone involved. Ms. Simchick said perhaps we should do this in three separate motions. The City Attorney said in the interest of time they could move to approve staff recommendation, however changing to trex instead of wood. Mr. Paternoster withdrew his motion but said it had been his intent to approve the entire staff recommendation. Mr. Wolff said he had spoken to staff and that solar can still be investigated. The City Attorney phrased the motion "move to approve staff recommendation substituting trex for wood on the bridge and solar lighting". ~~ ,z Regular City Council Meeting May 14, 2008 Page Thirteen MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve as stated by the City Attorney. The result of the roll call vote was as follows: ~~~~~ Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 5-0 The City Attorney said to avoid the City Manager asking for a special meeting on the hangar issue which is due by January 1, Council could suspend the rules by a supermajority vote of 4-1 if it wished to continue the meeting to complete the items. Ms. Simchick said she found it odd that all of a sudden we can make a motion to extend past 11 pm and asked what he is quoting from. The City Attorney said it is in the rules and has been done before. Ms. Simchick said he had never mentioned it before. Ms. Simchick and Mayor Coy said they were not in favor. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to extend the meeting to take care of the two items regarding the airport failed on a voice vote of 2-3 (Coy, Simchick and Neglia nay) THE REMAINING ITEMS WILL BE CARRIED FORWARD TO THE NEXT REGULAR MEETING ON MAY 28, 2008. 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. 08.031 B. LPA Hangar Professional Services Contract (Airport Transmittal, Scope, Estimate, Site Plan, Elevations, Floor Plan) 08.065 C. First Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 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. Approved at the May 28, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ., ,~5 ~~ an ~ ~~~~sT~u~y` HOME OF PFJ.IGN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. Department Ori 'n: En i~ neeringra~ _ _ Approved for Submittal by: Finance: ~ . City Attorney: City Clerk: AI Minner, City Manager Date Submitted: 8 08 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $16,500 $627,825 REQUIRED: $16,500 DST Fund SUMMARY At the May 14 meeting, Council directed staff to investigate using "Trex" type material as the bridge flooring. This can be done for a cost of $5,500 per bridge (Total Increase $16,500). On a preliminary report from the contractor, the "Trex" material cost is not substantially different than wood, but stringers on the bridge need to be modified to accommodate the different flooring and this is the reason for the increase. "Trex" is a composite wood and plastic material and is slightly thinner than wood, requiring a little more support. Should Council want to use "Trex" instead of wood, Council authorization is required to exceed the budget amount in the contract Council approved at the last meeting. On contracts or "Change Orders", the City Manager has authority to authorize change orders of up to 15% of the contract price. However, no single change can exceed $15,000. Therefore, if Council prefers "Trex", a formal approval and an additional transfer from DST will be required. Currently, I am still seeking additional information on the solar request; but, would like to move forward with the project and will seek clarification from Council on this item. At this point, Dave Fisher has estimated that solar lighting is an option, but may cost as much as $7,000 per bridge ($21,000 total). This estimate is an internal estimate and not yet available from the contractor. In an effort to move the project forward, I would request authority to execute the contract without solar while providing flexibility to consider a change if solar modifications can be completed under $15, 000. 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No other building material stacks up to Trex TREX vs WOOD TREX WOOD More durable Pleasing to the touch/slip resistant No staining or painting • O No rotting, splintering or warping No harrntul chemicals Curvability - • O TREX vs OTHER COMPOSITES Most preferred by professionals Largest range of profiles Most natural look and feel Most extensive network of contractors Most composite decks built Easy to cut, rout and fasten Most preferred colors and finishes' 25-Year Limited Warranty- backed by the industry leader TREX OTHER COMPOSITES ~~ GS If you can dream it, Trex"' can help you build it. You've daydreamed about your perfect backyard for long enough. Now it's time to begin building it. We can help. Ouly Trex offers a wide breadth of product options, with finishes ranging froth subtle to bold, with styles froth traditional to exotic, all in a varicry of rich color choices. So uo matter what your style, you can build an outdoor living space with Trex that's uniquely yours. Order your free Trex DeckScapes"' Magazine. The backyard of your dreams begins here. Start by ordering your complimentary 'Trex lleckSatpes :ldaga.,ine. It's full of great deck design ideas and tips to help you get the most out of your (~'*h.,(~~~p outdoor livine space. ~" _ a-~ ...a - ;~ ~__ _~.,~_ _ _ .r. . ~ .•:- Find a TrexPro' Contractor. You can order your free Trez DeckScapes Magazine by calling 1-800-BUY-TREX x208 or b}' visiting Trex.com/DeckScapes. It's also a good idea to fnid a builder early in your planning process. Trex boasts the largest nationwide network of certified TrexPro Contractors. They're the people that will help you take the deck from your dreams and put it right in your backyard. To find the TrexPro Contractor near you, call 1-800-BUY-TREX or visit Trcx.com/TresPro. G9 g •~, Get more information. .~ ~v ,~ . a ,~ ', °~.y v ~~~ k d F H {{~y 7.1 Y ~ ~ t f[ S[ (J~f p ~ . ~; ~` f 7 e fr~ fi{~. ~ ~t t :..~,~t 7jt~ .',' ~' i 11 " ~,.1 ~ +. t i s~ f}~~~ ~l i~ ~' ~- `~ ;; (. t1 i q E' S ~~~ ~ , !~ ~~_~' ~~ 1 7~ ~3 ~~ See how Trex® decking and railing feels in your life. Visit us at trex.com or call 1-800-BUY-TREX today. Trez® How outdoor living should ieel:" ©2007 Trex Company, Inc. All rights reserved. TREX;"the TREX00 logo, Trez Origins'," Trex Accents°'' Trex Brasilia" Trex Contours'," Trex Designer Series Railing'," Trex Artisan Series Railing," Trez RailPO St'," Trez Express'," Trez Pro `,' DeckSc ape s"and How outtl oor living should teel'" are either federally registered trademarks, trademarks or trade dress of Trez Company, Inc., Winchester, Virginia. k L0012207-01/07 ~5 7~ arc a T HOME OF PELICAN ISW'7D AGENDA TRANSMITTAL Subject: ~ Agenda No. ER CREEK DESIGN-BUILD RFP Department Origin: Co ncil City Attorney: .,' ~r Submittal by: City Clerk: ~~-_1 Date Submitted: 22 ay 08 it Mana er SUMMARY At the May 14, 2008 meeting, the City Council rejected all proposals concerning the Collier Creek Design/Build Request for Proposals (RFP). In so doing, my office has nearly completed a new administrative procedure regarding the process of Design/Build RFPs. Please understand that, in consultation with the City Attorney, the City used regulations provided by State Statutes in guiding the last RFP. Those regulations outlined the Design/Build RFP process in the absence of local jurisdictional procedures. In that application, statutes implement the use of the CCNA procedure, which, in fact, was followed during the initial "wall" RFP. To better guide the next RFP process, the City Attorney is now reviewing the internal procedure I have prepared. I anticipate that the City Attorney will "sign-ofP' on that policy and it will be implemented prior to the Wednesday, May 28, 2008 meeting. With the stage now set to start a new RFP process I have this information to provide as an update. The new RFP plan is to submit a request in the market place, soliciting design and construction proposals to dredge and build a vinyl wall, with a concrete cap, for the Collier Creek Canal. As outlined in an a-mail submitted to Council on Wednesday, May 21, 2008, the process will essentially (1) rate proposals according to design standards; (2) provide public presentations and Q&A for proponents to advocate their proposals; (3) rank proposals; and, (4) negotiate a contingent contract. The final step of this process will be for Council to accept and approve the contingent contract at a Special Meeting. Below is a timeline which I believe is fast-paced, pragmatic, and accomplishable: • RFP Rewrite Complete by Friday, May 30 • RFP Advertisement June 2 -July 10 • City Engineer Review to analyze construction methods July 10 - 16 • Selection Committee Interviews of Construction Company Proposals Week of July 14 • Contingent Contract Negotiations Week of July 21 • Special City Council Meeting to approve Contingent Contract -Late July or Early August The course outlined above is a way to fairly review and adopt a construction agreement in the shortest time frame. At the Wednesday, May 28, 2008 meeting, I will be requesting that Council approve the Draft RFP. No formal resolution of ordinance is required. However, I believe a simple motion of authorization accepting the RFP document is the best way for Council, the public and potential proponents to understand the process which will decide the contractor awarded the Collier Creek Canal Project Contract. As information, I point your attention to Section V of the RFP. This section outlines the selection process. Also note that appendix "B" and "C" are not attached (see last page of RFP). These are lengthy documents containing contract, design plans and other information. They would take much duplication effort/time in providing Council copies at this juncture. You will receive Appendix "B" prior to contract execution. These documents are typical and ones that you have seen in other contexts. Appendix "C" is other design specifications previously prepared by CDM. If you would like to review these materials, please let me know and they can be provided prior to Wednesday's meeting. ~~ 7~ DRAFT CITY OF SEBASTIAN - FBI=QUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION I -INTRODUCTORY INFORMATION This is a publicly advertised Request for Proposals (RFP) to provide design-build services for the City of Sebastian's Collier Canal Stormwater Retrofit Project including providing new vertical vinyl sidewalls along the portions of canal being dredged /renovated. Proposal packages are to be mailed or hand-delivered to the City Manager's Office (c/o Jean Tarbell -tel. 772-589-5330 / 772-388-8203) at Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958. The deadline for the City's receipt of any proposal package submittals is 11:00 AM on Thursday, 10 July 2008. Proposals received after the specified time will not be accepted. One (1) original (marked "ORIGINAL") and seven (7) copies of all Proposal sheets and required attachments must be executed and submitted in a sealed envelope clearly and prominently marked on the front "PROPOSAL FOR DESIGN-BUILD SERVICES FOR THE COLLIER CANAL STORMWATER RETROFIT PROJECT" with proponent's name, return address, telephone contact number, and email address also clearly identified on the outside of the sealed envelope. Requests for proposal packets may be addressed to the Vero Beach office of the City's Engineers of Record for the project, Camp Dresser McKee (CDM), at 1701 Highway A-1-A, Suite 301, Vero Beach, Florida 32963, telephone 772-231-4301 /Eric J. Grotke, P.E. (GrotkeEJ(a~cdm.coml. Material changes, if any, to the scope of services or proposal procedures must be in writing (email transmittals allowed) to be effective. Also note that in the interest of timely and accurate communications, correspondence by email transmittal is preferred during this RFP process. Oral interpretations /clarifications will be without legal effect; any matter of this nature must be addressed in writing. There is anon-mandatory Pre-Proposal meeting for all qualified prospective proponents currently scheduled to begin at 10:30 AM on Tuesday, 10 June 2008 at Sebastian City Hall. Firms interested in submitting a response to this RFP agree not to contact (lobby) City Council Members, Selection Committee Members, or any employee or agent of the City at any time during the solicitation period and selection process, except written inquires may be directed through City Engineer Dave Fisher at dfisherCc~cityofsebastian.org or by mail at 1225 Main Street, Sebastian, Florida 32958. Any other contact with the owner will be considered inappropriate and subject your proposal to rejection /disqualification. DRAFT Page 1 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION II -STANDARD TERMS AND CONDITIONS ACCEPTANCE AND REJECTION: The City reserves the right to accept or reject any and all proposals, and to accept the proposal best serving the interests of the City. The City may modify the scope of work, or award sections of the work individually or collectively, depending on the best interests of the City. AMENDMENTS /ADDENDA: No amendments or addenda to this RFP are valid unless provided in writing. Any amendments or addenda to this RFP shall be transmitted in writing to those prospective proponents recorded with the City's Engineer of Record (CDM). AVAILABILITY OF FUNDS: The obligations of the City of Sebastian under this RFP and any award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. AWARD: Award, if any, will be based on a number of factors including but not limited to projected overall project cost, demonstrated qualifications and capabilities of Proponent, and proposed management and methodology for the Project. BONDS: A proposal bond is required, and performance and payment bonds will be required prior to any executed agreement, as set forth below: • A Proposal Bond equal to at least five percent (5%) of the proposal amount shall be required on this project, and must be submitted along with the Proposal. The Proponent warrants that the terms and conditions quoted in the proposal will be firm for acceptance for a period of not less than one hundred twenty (120) days from the submittal deadline date. Such terms will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. • Unsuccessful proponents shall be entitled to a return of the Proposal Bond surety after final award. A successful proponent shall forfeit the amount of its security upon failure on his/her part to execute an agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. • A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project, and shall be provided by the successful proponent at the stipulated time of the execution of the agreement. Failure to do so shall cause said bidder to be in default and forfeit his Proposal Bond in its entirety. • The required bond(s) shall be provided by a surety company authorized to do business in the State of Florida and approved in writing by the Ciry. In lieu of bond(s) the contractor may furnish a certified check, a cashier's check or an irrevocable letter of credit as security in favor of the City. Such check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the security must be approved in writing by the City Attorney. • Attorneys-in-fact who sign Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. DRAFT D Page 2 of ? 6 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 CONFLICT OF INTEREST: Proponents must certify any proposal has not been subject to any collusion or conflict of interest involving any City official, City employee, or City agent, or otherwise in violation of federal, state, or local laws. Contract Award is subject to provisions of State Statutes and City Ordinances. All Proponents must disclose with their proposal the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Proponents must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proponent's firm or any of its branches. Should the successful Proponent permanently or temporarily hire any City employee who is, or has been, directly involved with the Proponent prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. CORRECTIONS, CANCELLATION, & WITHDRAWAL: • Proponents may be asked to provide further information after Proposal opening as the City determines in its sole discretion is needed to further determine the responsiveness and/or responsibility of the Proponent. • Information submitted after the submittal deadline may not be considered if it has been specifically requested to be provided with the proposal and becomes a matter of responsiveness. The proposal shall be considered responsive if it substantially conforms to the requirements of the Request for Proposal. The City may waive any informality, technicality, or irregularity on any proposal. A minor or non-substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. • Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, unit prices shall not be changed. • Cancellation or Postponement: The City may cancel or postpone the proposal opening or cancel the Request for Proposals in its entirety. Withdrawal: Prior to any published deadline submittal date and time, a proponent may withdraw his/her proposal in writing. A fax or email transmittal is permitted for this purpose, provided a confirming telephone call is made. • Amendments: Prior to any published submittal deadline date and time, a proponent may amend the proposal provided that it is in writing, in a sealed envelope, and identified. DEVIATION FROM SPECIFICATIONS: Any proposed deviation from the design guideline outlined in the RFP must be clearly stated and explained in writing. City's acceptance of any such deviations must be in writing to have legal effect. Otherwise, items proposed are expected to be in strict compliance with outlined design guidelines and proponents will be held accountable accordingly. DISCRIMINATION: The Proponent /Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever which is in any manner proscribed by Federal or State of Florida laws and regulations. ECONOMY OF PREPARATION: Proposals in response to this RFP should be prepared simply and economically. They should provide a straightforward, concise description of the proposed terms and conditions, the proponent's capabilities, and a clear basis for further substantive discussion and negotiation. INFORMALITIES: The City reserves the right to waive any minor informality in Proposals and to determine, in its own discretion, whether or not such informality is minor. INSURANCE: Certificates of Insurance meeting or exceeding the stipulated amounts must be provided and approved by the City upon the execution of any agreement and prior to the commencement of any work. DRAFT Page 3 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 INTERPRETATIONS: No interpretation provided by the City and/or its Engineer of Record affecting the eventual outcome of this RFP shall have legal effect unless it is in writing. LICENSING, CERTIFICATION, AND REGISTRATION: Proponents may contact Wayne Eseltine at the City of Sebastian Building Department (772-589-5537) to ensure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Proponent shall in no way be a cause for relief from responsibility. A certificate or letter showing compliance with the City's Contractor Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted with any payment/performance bonds which may be required. In essence, this authorizes you to perform work in the City of Sebastian. Any Sub-Contractor(s) must also be certified. LIQUIDATED DAMAGE CLAUSE: The proposed schedule for project completion is not to exceed one calendar year beginning on the day /date of Notice to Proceed. There will be a liquidated damage clause for application by the City accordingly. MODIFICATIONS: The City reserves the right to negotiate a final agreement with a proponent to more fully meet the needs and best interests of the City. PATENTS, COPYRIGHTS, AND TRADE SECRETS: Proponents agree to hold harmless the City, its officers, employees, and agents from liability of any kind with respect to any claim regarding intellectual property rights. Proponents should not include trade secrets in their submittals. PROPOSALS: Rules regarding proposal submittals include (but are not limited to) the following: • Late proposals and proposals which do not conform to the instructions contained in the Request for Proposals will not be considered. Proposals may be withdrawn provided that such notices are received in writing prior to the date and time specified as a submittal deadline in the RFP. • Proponents shall follow all instructions and provide all information requested on the Proposal Price Form. Proponents wishing to qualify all or any portion of a proposal shall provide a hand printed or typed explanation in the proposal or in a separate attachment to be submitted with the proposal. • Proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Proponent in ink. • Prices shown in the proposals shall be prices for new equipment and materials, and the successful proponent shall warrant same for a period of not less than one (1) year from the final acceptance date, or as otherwise stated. QUANTITIES: Proponents are responsible for determining and providing the actual quantities required for the project. Information on plans /drawings /specifications provided by the City and its Engineers of Record are for proponents' use in reaching an understanding of the general scope of the project. REFERENCES: References are required and are to be submitted with the Proposal. Failure to submit references as required may disqualify a proposal. Names and contact information shall be included. DRAFT Page 4 of 16 (j~ 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 REJECTION OF PROPOSALS: The City reserves the right to reject any and all Proposals, to waive any and all informalities, and to negotiate contract terms with the successful Proponent, and the right to disregard all non-conforming, non-responsive, imbalanced, or conditional propositions. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Proponents, and no participants in such collusion will be considered in future proposals for the same work. REQUESTS FOR ADDITIONAL INFORMATION /CLARIFICATION: Proponents shall furnish such additional information /clarification as the City may reasonably require in determining financial resources and responsibility, professional /technical /trade qualifications, information regarding background investigations, and in checking references. SALES TAX: Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. Possible savings related to sales tax on any major item may be discussed and further agreed upon at the time a contract is negotiated. SCHEDULE: The proposed schedule for project completion is not to exceed one calendar year beginning on the day /date of Notice to Proceed. There will be a liquidated damage clause for application by the City accordingly. SCOPE: UNDERSTANDING /ACKNOWLEDGEMENT: By submitting a proposal, the proponent certifies full understanding of the scope, nature, and quality of work to be performed. SITE CONDITIONS AND INFORMATION: It is the responsibility of each proponent to have examined all documents and available information thoroughly, to visit the site, to request needed clarifications in a timely manner, to independently test, or to otherwise obtain needed information, in a manner and to a degree sufficient, in the professional judgment of proponent, to become fully. acquaint proponent with the relevant physical conditions of the project site, as well as the expectations and intent of the City regarding the outcome of the project. SUBCONTRACTORS: A list of proposed Subcontractors must be submitted to and approved by the City prior to any contract award. DRAFT Page 5 of 16 ~~ 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION III -CITY OVERVIEW The Project: The Collier Canal north of CR 512 in Sebastian is to be dredged to remove sediments in order to provide baseline water quality improvements. Dredging the existing canal will increase the permanent pool and reduce existing mass loading of nutrients and suspended solids discharging to the ecosystem of the St. Sebastian River as well as the Indian River Lagoon. These systems have established total maximum daily levels (TMDL's) and pollutant load reduction goals (PLRGs) for their protection and improvement. The Collier Canal is part of the City's existing stormwater management system and the major collector of stormwater runoff accumulated from roads and residential properties located in the Sebastian Highlands Unit #2 and Unit #4. In all, there is a total tributary basin of approximately 853 acres. The residential portion of the watershed encompasses approximately 748 acres. Since the construction of the canal system, no continual maintenance dredging program has been performed. This has led to degradation of both in-canal water discharge quality and discharge water quality to downstream areas. In addition, there is extensive bulkhead failure occurring along nearly the entire perimeter of the canal. The continual erosion and deposition have resulted in a system that is more characteristic of a shallow eutrophic (high nutrient content, subject to excessive algal blooms resulting in poor water quality) linear detention pond than a deepwater canal system. In addition, several seawalls along the canal are failing and adjacent land is eroding into the canal. To remedy the problems of the canal and to restore the area to a system that functions as it was originally intended, the City of Sebastian intends to implement the Collier Canal Retrofit Project. The project consists of retrofitting the canal with new vertical wall /bulkheads while dredging the canal to lower the bottom elevation. The modification will provide an additional permanent pool volume for increased residence time and load reductions of total suspended solids, total phosphorus, and total nitrogen. DRAFT Page 6 of 16 ~~ 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION IV -PROPOSAL FORMAT AND CONTENT Proposals should include and adhere to the following: Full legal name, address, and contact information of the Proponent. A one-page Letter of Transmittal signed by individual(s) authorized to legally bind the Proponent and stating the Proposal will remain valid for a period of 120 days from the submittal deadline date. • One original plus seven (7) copies of the proposal delivered in sealed boxes or envelopes. Each copy to be on 8-1/2" x 11" paper printed on one side only with all pages bound in a single binder. Drawings may be on 11" x 17" paper folded to 8-1/2" x 11" and bound within the proposal package. Audio-visual media information will be accepted only as support information but will not be considered for substitution of said written requirements. Proposals shall consist of two parts: (A) a Technical Proposal in one clearly marked envelope / package; and (B) a Financial /Cost Proposal in a second, separate, clearly marked envelope / package. Envelope /package number one (#1) should contain all mandatory technical information. Envelope /package number two (#2) should contain all responsive pricing information. Both parts #1 and #2 may be submitted in one total overall submittal package /container as long as the two parts are clearly marked and kept internally separate in a manner suited for separate openings. The Technical Proposal (in separate envelope #1) should include all requisite technical information, assumptions, exceptions, and alternates regarding design and construction as well as the outline of a Work Plan that addresses organization (including experience and references), management, personnel, quality control, schedule, risk management and loss prevention, requisite information flow and communications, stakeholder relations (including the public), and specific control programs and systems geared to this specific project and attendant local conditions. • The Financial /Cost Proposal (in separate envelope #2) should include the complete Proposed Cost form(s) provided. DRAFT Page 7 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION V -PROPOSAL EVALUATION, SELECTION AND AWARD PROCESS All duly submitted proposals become the property of the City. The City reserves the right to: request further written clarification from any Proponent; reject any or all Proposals; waive any non-conformance, defect, or informality in any Proposal; and determine which Proposal best serves the needs and interests of the City. In consideration of the City's acceptance and review of such Proposals, Proponents agree to accept the majority action of the City Council as final. The RFP and related selection process is scheduled to take place in the following manner: • The first day of public advertisement for the RFP in a newspaper of general circulation shall be Monday, 2 JUNE 2008. • There will be anon-mandatory Pre-Proposal meeting scheduled to begin at 10:30 AM on Tuesday, 10 JUNE 2008. • Deadline for submission of Proposals in response to the RFP shall be THURSDAY, 10 JULY 2008 at 11:00 AM. All Proponents will be required to formally submit proposals to the Office of the City Manager by that time. Proposals received after that time will not be considered. • Subsequently, the City Engineer will conduct an initial review of the Technical Proposals for compliance with the design criteria guidelines. Outside consultation with a professional engineer may be used by the City Engineer. The City Engineer shall determine whether each proposal satisfactorily conforms to the RFP methodology and design criteria requirements. If, in the sole determination of the City Engineer, the proposal does not meet these requirements, the proposal will be rejected and no longer considered for Contract award. The City Engineer may contact, in writing, any Proponent(s) to clarify any informality, technicality or irregularity in a proposal to determine whether the proposal meets basic requirements. If a proposal satisfactorily conforms to the RFP requirements, it will receive a rating of "passing" and be eligible for further review and proceed to the next phase in the procurement process. Upon receiving a rating of "passing" by the City Engineer, the City Manager will then open the Financial/Cost proposal portion and determine, in his sole discretion, the financial feasibility of the proposal at hand. Viable proponents will then be invited to interview with the Selection Committee. The purpose of the interview is to hold a forum whereby the Proponent will have final and public opportunity to clarify any informality, technicality or irregularity in their proposal and present to the Selection Committee the merits and advantages of their proposed methodology. The Selection Committee will hear presentations by all proponents receiving a passing rating and determined to be financially feasible by the City Manager. The location of the interview will be at 1225 MAIN STREET, SEBASTIAN FLORIDA 32958 IN COUNCIL CHAMBERS. Tentatively, interviews will be conducted during the WEEK OF 14 JULY 2008. All effort will be made to conduct the interviews in one day. Scheduling of the interview will be based on the number of proposals receiving a passing rating. Interview scheduling will be made public prior to the interview and conducted alphabetically, based on the proponent company name. The Selection Committee Meeting Agenda will be publicly ou steel prior to the meeting. • Following the last interview, the Selection Committee will publicly rank the proposals. The proposal rated as best by the Selection Committee will be requested to enter into contingent Contract negotiations. The outcome of such contingent negotiations will be memorialized and a proposed Contract Document will be presented to the City Council for final approval and work authorization. The Council will call a Special Meeting to consider and potentially ratify the contingent Contract. Said Special Meeting is targeted for LATE JULY 2008 OR EARLY AUGUST 2008. DRAFT ~~ Page 8 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 Should the Selection Committee determine, in its sole judgment, that contingent Contract negotiations are unproductive, the Selection Committee may terminate negotiations with the top- ranked Proponent and proceed to negotiate with the next highest ranked Proponent as publicly determined by the Selection Committee. Proposal evaluation will include consideration of overall value, quality, and cost of the offering to the City and the ability of the Proponent to successfully fulfill such offering. Criteria categories used in the evaluation shall include: o Technical Proposal (Methodology) o Work Plan o Proponent Experience, Capabilities, References o Cost The Selection Committee shall consist of: o City Manager, Chairperson o City Engineer o Finance Director o Director of Public Works DRAFT Page 9 of 16 ^ ~J 2 June 2008 w(~ 11 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION VI -DESIGN CRITERIA 88 General: SCOPE Scope of work under this RFP includes the entire length of the Collier Canal shown north of CR- 512 shown on the plans /drawings from approximately Sta. 10+00 to approximately Sta. 70+00. BULKHEAD TYPE • Vinyl with specifications not less than CMI ShoreGuard Series 525 (or demonstrated equivalent or better) and suitable for final design. • Shall be in full compliance with permitting /environmental requirements. CONSTRUCTION SCHEDULE: • Proposals should be based on a construction schedule not exceeding one (1) calendar year from date of Notice to Proceed. LIFE EXPECTANCY • 50 Years PILE CAP • A reinforced concrete pile cap (minimum 3000 psi) is required. HEIGHT OF PILE CAP • Top of pile cap to be 8 (+/-) inches above existing pile cap • Elevation of top of pile cap to vary with existing grades. • Transitions in top of cap elevation shall be neat, orderly, and of safe design. BULKHEAD ALIGNMENT • Location shall be inside canal as close to existing wall as practical for constructability. • Alignments to have smooth transitions, curves and tangents. METHOD OF INSTALLATION • Consistent with design parameters • Acceptable construction methods SCREENED WEEPHOLES • Invert at Elev. 16.0 feet • Weep holes shall allow rapid drainage from behind the new bulkhead yet prevent piping/erosion of soil/gravel materials from behind the new bulkhead and existing sea wall. • Design shall be based on the 50-year storm event. • During drawdown of water in the canal the differential head between the canal water level and groundwater behind the bulkhead shall not exceed 6 inches. • The weep hole drain pipe shall be sloped downward slightly to avoid build-up of sediment. BACKFILL • Between existing seawall and new bulkhead, provide gravel free of fines with rapid drainage characteristics. Wrap all around in filter fabric consistent with Type D-3 from FDOT Standard Index 199. • Slope fill shall consist of sand with a percent passing the number 200 sieve <10 percent. If dredged material meets this criteria, it may be used after moisture conditioning by stockpiling and allowing to drain. DRAFT Page 10 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 Design Requirements: (Refer to Figures 1 and 2) RFP SUBMITTAL REQUIREMENTS: • Bulkhead design shall be performed /signed /sealed by a Professional Engineer licensed in the State of Florida and who has a minimum of ten (10) years of experience with similar design work and submitted with the RFP submittal package. DESIGN FACTORS OF SAFETY • Usual Condition = 1.5 • Unusual Condition = 1.3 • The design shall be based on the worst case calculated by the above two conditions. DESIGN WATER LEVELS • Usual Condition =Inboard =Elev. 15.5 feet. Outboard =Elev. 16.0 feet. • Unusual Condition =Inboard =Elev. 14.0 feet. Outboard =Elev. 16.0 feet DESIGN SCOUR • Usual Condition = 200 pounds per square foot (psf) places at top of slope • Unusual Condition =Not Applicable DESIGN SLOPES • Outboard Slopes: Varies. The worst case shall be modeled in the design calculations. • Inboard Slopes: No steeper than 3H : 1V with bench. • Inboard bench will vary in width and shall be determined by Proponent. • Inboard bench shall consider storage requirements mentioned herein. • Inboard geometry can affect the stability analysis for the bulkhead and the worst case shall be modeled in the design calculations. DESIGN SOIL PARAMETER • Based on two Soils Reports by Universal Engineering, supplied. • Consistent with method of installation • If deemed necessary in the professional judgment of Proponent, additional geotechnical exploration shall be included in work plan. • Additional exploration shall be at the expense of the Proponent. DESIGN DEFLECTION • Maximum of 2 inches horizontal deflection at any point. Additional Considerations: PIPE PENETRATIONS • Scour protection to be provided in channel below each storm drain pipe penetration. • Design to prevent erosion behind bulkhead. • Provide connections to existing pipes of various sizes and materials. • Support new pipe with standard bedding and trench backfill compaction. • Dewater as necessary. DRAINAGE AND GRASSED OUTBOARD SLOPES • Disturbed slopes and new fill shall be sodded (match existing). • Provide 5 percent slopes for positive drainage. • Grade behind bulkhead to prevent ponding of storm water runoff. DRAFT Page 11 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 NOISE /VIBRATION RISK MANAGEMENT • Identify in work plan • Provide plan for pre /post construction survey of adjacent structures. The work plan should include settlement and vibration monitoring as required. STORAGE REQUIREMENT • Match volumes of cross sections on drawing or provide more storage volume. • See drawings titled "Collier Canal Stormwater Retrofit" Plan & Profile and Cross Section Sheets. TURBIDITY REQUIREMENT • Meet ACOE /SJRWMD permit requirements BRIDGE ABUTMENTS AND ENDS OF BULKHEAD • Provide details of transitions with existing bridge abutments and at ends of bulkhead. VACANT LOTS • Plans show private vacant lots adjacent to the Collier Canal work area. A number of them are available for the City to lease or purchase. Proponents should state which lots, if any, they would want to utilize as part of their Work Plan. Cost of providing such lots should not be included in the proposal but any clearing, grading, maintenance, and work restoring the lots upon completion of construction should be included in the price proposals. EXISTING SEAWALL • Where present, leave in place and fully entomb existing wall. • Bury loose or broken pieces in center portion of channel below final grade and out of influence of the new bulkhead wall. Burying must take place prior to installation of the new bulkhead. No excavation can affect the stability of the existing seawall or new bulkhead. • No excavation allowed next to existing seawall. • With regard to design, assume existing seawall does not add to the stability of the new bulkhead. EXISTING TIEBACKS • Location and condition unknown • Shall not be reused ELEVATION DATUM • Elevation datum used herein is based on the National Geodetic Vertical Datum of 1929. PERMIT PARTICIPATION • Work Plans noted in the proposals should include provision for assisting Engineer of Record in final permitting required to be done with SJRWMD and ACOE STAGING AREA • City can provide staging areas(s) for the construction phase of the project. Such areas may include vacant lots adjacent to the canal and possibly portions of Hardee Park. Proposal should indicate such areas in the Work Plan section DREDGE SPOIL CONTAINMENT • This RFP calls for proposals to provide a permitted spoil containment area on/at Proponent's own site (and not on any City property) with full operation and responsibility by the Proponent. IRRIGATION SYSTEMS AND DOCKS • Existing irrigation lines and docks are to be removed by contractor and a provision for same is to be included in the proposals. Irrigation line shall be capped in a manner that removes lines from the project limits. Replacements (if any) may be provided by others and should not be included in the proposals requested by the RFP. DRAFT ^ ~ Page 12 of 16 (~/ 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 MITIGATION AREA • Proposals should not include pricing for work to be done in separate mitigation areas that are not in the canal dredging area. This work is to be done by others. UTILITY OWNERS & CONTRACTS • Contractors shall notify the appropriate utility company forty-eight (48) hours in advance of any excavation involving its utilities so that a company representative can be present. MAINTENANCE OF TRAFFIC • Maintenance of traffic plan (MOT) is required to be submitted by the Contractor. This plan must be submitted and approved by the City Engineering Department and the Engineer of Record at least 14 days prior to the commencement of work. EXISTING CONDITIONS • Contractor to restore all roads, driveways, sod, etc., to preconstruction condition to the satisfaction of the City and Engineer of Record in order to achieve completion of the project. REFERENCE INFORMATION The following items are available for informational purposes: • Contract Forms and Specifications Collier Canal Stormwater Retrofit October 2007 • Collier Canal Stormwater Retrofit Drawings October 2007 • SJRWMD and ACOE permits • Subsurface Exploration Reports, Universal Engineering Sciences July 2004 and January 2005 DRAFT Page 13 of 16 n, 2 June 2008 V'~ DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 SECTION VII -APPENDICES A. Financial /Cost Proposal Form (for inclusion in separate sealed Envelope #2) B. Basic Contract Document C. Engineering Information Package D. Tentative Agenda for the Selection Committee DRAFT 9 ~ Page 14 of 16 2 June 2008 DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 COLLIER CANAL STORMWATER RETROFIT PROJECT REQUEST FOR PROPOSALS (RFP) /VERTICAL BULKHEADS (VINYL) Proposals Due: No Later Than 11:00 AM. Thursday, July 10, 2008 APPENDIX A PROPOSAL PRICE FORM The undersigned, having become thoroughly familiar with all of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirements of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda issued prior to this submittal. By the signature below, the Proponent agrees that this 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 proposal, the Proponent agrees to enter into a conforming 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 one hundred twenty (120) days following submittal deadline date. THE PROPOSED PRICE(S) PROVIDED BELOW ARE ALL-INCLUSIVE. GUARANTEED MAXIMUM unless otherwise stipulated. PROPOSED PRICE FOR BASE PROPOSAL: $ [Entire length from approx. Sta. 10+00 to Sta 70+00] PROPOSED PRICE -ALTERNATE PROPOSAL (IF APPLICABLE): $ Provide a brief description of the Alternate Proposal, if any, on an attached sheet- typed or printed and signed. NOTE: VENDOR WARRANTS SUBSTANTIAL COMPLETION OF CONSTRUCTION SHALL NOT EXCEED 365 CONSECUTIVE CALENDAR DAYS FROM THE DATE OF NOTICE TO PROCEED AND TOTAL CONTRACT TIME (FINAL COMPLETION) SHALL NOT EXCEED 400 CONSECUTIVE CALENDAR DAYS FROM THE DATE OF NOTICE TO PROCEED. Name of Firm (Please Type or Print) Firm's Address Telephone Number(s) Fax Number(s) Email Address(es) Name and Title of Authorized Representative (Please Type or Print) Signature of Authorized Representative Date Signed DRAFT Page 15 of 16 /]~ 2 June 2008 VII DRAFT CITY OF SEBASTIAN -REQUEST FOR PROPOSAL DESIGN-BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 COLLIER CANAL STORMWATER RETROFIT PROJECT REQUEST FOR PROPOSALS (RFP) /VERTICAL BULKHEADS (VINYL) Proposals Due: No Later Than 11:00 AM, Thursday, July 10, 2008 APPENDIX D TENTATIVE AGENDA COLLIER CREEK CANAL STORMWATER RETROFIT PROJECT RFP SELECTION COMMITTEE 1225 MAIN STREET SEBASTIAN, FL 32958 CITY HALL -COUNCIL CHAMBERS DATE - TO BE DETERMINED TIME - TO BE DETERMINED 1. Call to Order 2. Chairman Opening Remarks 3. Proponent Presentations a. Company "A" Presentation i. City Engineer Commentary on Proposal ii. Company "A" Presentation (Company Presentation Shall be 20 Minutes) iii. Selection Committee Questions & Answers b. Company "B" Presentation i. City Engineer Commentary on Proposal ii. Company "B" Presentation (Company Presentation Shall be 20 Minutes) iii. Selection Committee Questions & Answers c. Repetition of Presentation Until All "Passing" Proponents Reviewed i. City Engineer Commentary on Proposal ii. Company Presentation (Company Presentation Shall be 20 Minutes) iii. Selection Committee Questions & Answers 4. Selection Committee Deliberation 5. Selection Committee RFP Ranking and Council Recommendation 6. Adjournment DRAFT 9~ Page 16 of 16 2 June 2008 RESOLUTION NO. R-07-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-18; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, conducted a workshop at which Council meeting procedures were discussed at length; and WHEREAS, City Council reached a consensus at a regular meeting to adopt various new procedures to effect more streamlined and organized meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda. B. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:30 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. C. Special Meetings for Other Purposes: Special meetings for purposes other than quasi judicial hearings may be called in accordance with the Charter of the City of Sebastian and shall begin no earlier than 5:00 p.m. Special meetings shall adjourn at 10:30 p.m. D. Quasi judicial Hearings: Quasi judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. E. Extension of Adjournment Time. A meeting may be extended beyond the time set for adjournment by a majority vote of City Council members present. A motion to extend the ~8 0~9 R5 -• --~ meeting time shall be made only once during the meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised" as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (*language prescribed by Robert's Rules) The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, or move an item on the agenda and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit °A". However, Council may change the order of agenda headings by majority vote without need of amending this Resolution. Any public presentations allowed shall be placed under Public Input or New Business, unless at the discretion of the City Manager or the majority of Council an item is considered an emergency or timely matter. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the titre be read. 9~ 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Applicant presentation, if necessary. 6. Public input. 7. City staff final comments and recommendation, if any. 8. .Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record, or a continuance may be indefinite and subject to being renoticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. a~ 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. C. Chair to Control Meeting. In controlling the meeting during public input, the Chair will take the following actions: 1. First Offense -verbal warning to move on. . 2. Second Offense - offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) - offenderwill be asked to leave the premises. D. Appealing Decisions of Chair. Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. E. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing 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, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution merely provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules. A. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. B. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-07-18. 98 SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Negiia ,was seconded by Council Member Simchick ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member AI Paternoster aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of August 2007. ATTE T: t. Sally .Maio, MC City Clerk (SEAL) Approved as to Form and Content for ' n City of Sebastian Only: I Rich tringer, Ci Att mey CITY OF SEB TIAN, FL IDA By: Andrea Coy, Mayor 99 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments fo the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public inpuf or action under this heading. 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. 9. COMMITTEE REPORTS & 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. 10. PUBLIC HEARINGS Procedures for Public Hearings: Mayor opens hearing Attorney reads title Applicant presentation if necessary Staff presentation Public input Staff summation Mayor closes hearing Council action 11. UNFINISHED BUSINESS 12. PUBLIC INPUT'` Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majorify vote of City Council) Revised 11/14/07 by action of Council to move Public Input After Unfinished Business -Sam )0~