HomeMy WebLinkAbout05112011 Agenda4. ROLL CALL
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, MAY 11, 2011 6:30 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 OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION Father John Morrissey, St. Sebastian Catholic Church
3. PLEDGE OF ALLEGIANCE
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. 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.
11.067 A. Proclamation National Emergency Medical Services Week May 16th -20th
5 Accepted by Sebastian River Medical Center
11.068 B. Proclamation National Safe Boating Week May 21 -27 Accepted by
7 Flotilla 56 Coast Guard Auxiliary Commander Bill Boluk and Vice
Commander Frans Eyberse
11.069 C. Proclamation National Neurofibromatosis Awareness Month of May (No
9 Recipient)
11.073 D. Proclamation National Peace Officers Week May 15th 21 st
11.020 E. Certificate of Appreciation to Former Chairman Larry Paul for Planning and Zoning
Commission Service
11.048 F. Certificate of Completion to Council Member Gillmor for Advanced Institute for
Elected Municipal Officials
11.058 G. Barber /Schumann Intersection Improvement Presentation (City Manager
11 -14 Transmittal, Cure Plan, Intersection Schematic)
Cz
Brief Announcements
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member 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.
15-14 A. Approve April 27, 2011 Regular Meeting Minutes
11.070 B. Approve Annual Contract to Aramark Uniforms for Public Works Uniforms
29 -31 (Public Works Transmittal, Bid Sheet)
8. 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.
9. PUBLIC HEARINGS None
10. UNFINISHED BUSINESS
11. PUBLIC INPUT
12. NEW BUSINESS
11.067 A. Approve Amendment Page Two of City Broadcast Policy Political Forums
33 -37 Adopted by R -05 -09 (City Attorney Transmittal, R- 05 -09, Page 2)
11.038 B. Authorize the Transfer of $129,399 from the Middle Stonecrop Project
39 -46 (Stormwater Fund) to the Potomac Project; Approve Change Order #1 to Sheltra
Son in the Amount of $11,450.; Authorize Transfer $105,399 from the Potomac
Project (DST Funds) to the DST Reserve Account (City Manager Transmittal,
Invoices)
11.071 C. Approve Construction Services Agreement with Total Golf Construction in the
47 -63 Amount of $159,280 and Authorize the Allocation of Additional $48,660 from
Recreational Zone Impact Fees, Zone D for Barber Street Sports Complex Field
Expansion (City Manager Transmittal, Contract, Proposal, List, Schematic)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
11.072 A. Report on Status of Old Fire House on US 1 (no backup)
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Council Member Wolff
B. Mayor Hill
C. Vice Mayor Wright
D. Council Member Coy
E. Council Member Gillmor
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half
hour by a majority vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
All City Council Meetings are Aired Live 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming meetings:
May 25, 2011 Regular Meeting 6 :30 pm
June 8, 2011 Regular Meeting 6 :30 pm
June 22, 2011 Regular Meeting 6 :30 pm
July 13, 2011 Regular Meeting 6 :30 pm
July 27, 2011 Regular Meeting 6 :30 pm
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45
Regular City Council Meetings
Public Input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public Input is NOT ALLOWED under the headings:
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);
City Council Matters
N/ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agenda is FIVE
MINUTES; however, City Council may extend or terminate an individual's
time by majority vote of Council members present.
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
the 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.
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.
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.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE 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 be consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
CITY OF
HOME OF PELICAN ISLAND
PROCLAMATION
EMERGENCY MEDICAL SERVICES WEEK
May 16 -20, 2011
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide
lifesavings care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury, and appropriate use of the
EMS system will help reduce national health care costs.
WHEREAS, emergency medical services providers have traditionally served as the
safety net of America's health care system; and
WHEREAS, emergency medical services teams consist of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators, and approximately two- thirds of all emergency medical services providers are
volunteers; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteers, engage in thousands of hours of specialized training and continuing education to
enhance their lifesavings skills and injury prevention; and
NOW THEREFORE, I, Jim Hill, by the authority vested in me as Mayor of the City of
Sebastian, Florida, do hereby proclaim May 16 -20, 2011 as "Emergency Medical Services
Week" and encourage the community to observe this week with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Sebastian, Florida to be affixed this 11 day of May, 2011.
HOME OF PELICAN ISLAND
ej
SEBASTIAN SAFE BOATING WEEK
May 21st 27th, 2011
WHEREAS, on average, more than 700 people die each year in boating
related accidents in the United States; nearly 70% of these are fatalities caused by
drowning; and
CI Y OF
WHEREAS, the vast majority of these accidents are caused by human error
or poor judgment and not by the boat, equipment, or environmental factors; and
WHEREAS, a significant number of boaters who lose their lives by drowning
each year would be alive today had they worn their life jackets; and
WHEREAS, modern life jackets are more comfortable, more attractive and
more wearable than styles of years past and deserve a fresh look by today's
boating public.
THEREFORE, I, Jim Hill, Mayor of Sebastian, do hereby proclaim May 21-
27, 2011 as National Safe Boating Week, and urge all those who boat to "Boat
Smart. Boat Safe. Wear It." And support the goals of the North American Safe
Boating Campaign.
In witness thereof, I have hereunto set my hand and caused the Seal of the
City of Sebastian to be affixed this 1 1 th day of May, 2011.
ayor Jim Hill
(7
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sE, B
HOME OF PELICAN ISLAND
,iOCI1 ATION
Declaring May, 2011
Neuro•fibroma•tosis (NF) Awareness Month Across America
Whereas, NF causes tumors to grow on nerves anywhere in the body, cafe au lait
spots on the skin, deafness, blindness, debilitating pain, heart defects and
even death; and
Whereas, NF is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy,
Tay Sachs and Huntington's Disease combined; and
Whereas, NF affects both sexes equally and has no particular racial or ethnic
distribution; and 85% of cases are sporadic (no previous family history), 15%
are inherited; and
Whereas, While over 120,000 Americans have NF and one of every 3,000 newborns
will develop the disorder, it still is relatively unknown to the public and much
remains to be done to raise awareness of NF's devastating effects and the
need for funding for research to prevent, treat and cure NF;
Whereas, The Children's Tumor Foundation (www.ctf.orq, 800 323 -7938) leads the
efforts to fund critical research aimed at finding the causes of the disorder
and developing treatments and a cure, and to provide support to people
and families affected by NF; and
Whereas, The Children's Tumor Foundation is observing May as National
Neurofibromatosis (NF) Awareness Month to inform the public about this
common genetic disorder;
Now Therefore, I, Jim Hill, Mayor, in recognition of this important initiative, do hereby
proclaim the month of May, 2011 as "Neurofibromatosis Awareness Month" in the City
of Sebastian, and urge our citizens to join the Children's Tumor Foundation's effort to
increase awareness of the importance of finding a treatment and a cure to NF.
Mayor Jim Hill
Subject:
Barber /Schumann Intersection
Design Introduction
Ap I rov or Submittal by:
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City Manager
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F"IAN
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
RECOMMENDATION
Agenda No.
Departmen
Finance:
City Attorney:
City Clerk:
Date Submitted:
Council Date:
21 APR 11
27 APR 11
Several years ago, the City of Sebastian requested that as Indian River County (IRC)
widens 66 Avenue, that improvements be made to the Barber /Schumann Intersection.
As a result, the Board of County Commissioners (BOCC) authorized Kimley -Horn to
design the intersection improvements as part of the 66 Avenue plan. The design is
now over 60% complete. The next phase in the project is for the governing bodies (City
and IRC) to adopt the 66 Avenue /Schumann Drive Study.
Because the affected improvements are primarily in City limits IRC staff has requested
that the City adopt the study first. Therefore, I have requested that IRC and Kimley -Horn
make a presentation to City Council concerning the project design parameters. At this
point, Council action is not required. This presentation's purpose is to provide basic
information about the project parameters and seek direction as to whether the City still
wants to participate in the project. Should Council move forward, the next step in
adoption of the 66 Avenue /Schumann Drive Study will be to conduct public information
workshops. In addition, the City Manager will meet specifically with the most affected
parties those being IRC School Board (Pelican Island Elementary) and pre school
(The Learning Center). Following public workshops, City Council will be asked to
formally adopt the study. This action should be scheduled for late May 2011.
Should Council ultimately adopt the study, the City Manager is recommending that a
memorandum of understanding (MOU) be negotiated /adopted between IRC and the
City. Currently, IRC has plans and funds to start construction on the 66 Avenue project
sometime within the State's FY 2013 (starts July 2012). While they did receive grant
funds to construct the intersection, IRC will be looking to the City for right -of -way
acquisition. Essentially the MOU will agree to a plan whereby IRC manages and
constructs the intersection improvements, while the City acquires, purchases and
dedicates the right -of -way needed within City limits. City costs will also include any
"Cure Plan" for effects on Pelican Island Elementary and The Learning Center. By May,
a project budget and estimates will be presented to Council.
No formal action is yet required. Staff will be seeking direction to conduct public
workshops and formalizing the next steps towards intersection improvement.
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City Council Present:
Mayor Jim Hill
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 27, 2011 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Hill called the regular meeting to order at 6:30 p.m.
2. Pastor Richard Jones of the Sebastian United Methodist Church gave the invocation.
3. Council Member Wolff led the Pledge of Allegiance.
4. ROLL CALL
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Records Program Manager, Donna Cyr
Airport Director, Joseph Griffin
Administrative Services Director, Deb Krueger
Building Director, Wayne Eseltine
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
Deputy Police Chief, Greg Witt
Police Captain, Bob Lockhart
Police Officer, Paul Graves
Parks Supervisor, Chris McCarthy
MIS Systems Analyst, Rob Messersmith
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
The City Manager asked that item 6D be carried forward to the May 1 1 th meeting.
There were no objections.
6. 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.
11.056 B. Presentation of Plaque to City Employee of the 4th Quarter
Mayor Hill read and presented the plaque to Rob Messersmith, MIS Systems Analyst.
15
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Regular City Council Meeting
April 27, 2011
Page Two
11.057 C. Presentation by the Gehring Group "Health Plan Overview and Updates"
Christian Bergstrom, Gehring Group, said with the recent changes in health care reform
and the City's claims performance he wanted to address what to expect upon renewal of
the employee's health care plan. He presented a PowerPoint presentation depicting the
claims experience, the benefit changes, renewal projections, and the impact of medical
inflation. (see attached)
Mr. Wright said since most of the last five years have been a good experience, despite
one bad year we should be able to get competitive bids; noted the Florida League of
Cities has a program and someone might consider the last year an aberration and we
shouldn't waste any time finding alternatives to the existing plan. He said we should
look into consolidating plans with other groups such as the County or School Board.
The City Manager asked Mr. Bergstrom to respond to the positives and negatives of
possibly partnering with the County and Vero Beach.
Mr. Bergstrom said the Gehring Group also represents Vero Beach, Indian River County
(IRC), and Fellsmere. He said Vero Beach did not consolidate with IRC because of
unique differences in their bargaining agreement for retiree benefits; and their Council
did not feel the clinic program was feasible for their employees. He said in Indian River
County does have multiple groups combined such as employees from the Sheriff, Tax
Collector, Property Appraiser, and Supervisor of Elections office and usually the big
members rule what goes on and the smaller groups benefit from the buying power. He
said with Sebastian's size, Sebastian would be in the middle and they have seen middle
groups run really good for several years, but when middle groups run bad, the larger
groups want them out of the consortium. He said the Gehring Group could talk to the
County and City Manager.
Mr. Wright said they should consider all the options.
Ms. Coy said one slide indicated penalties imposed for employees who do not provide
an affordable plan and asked if anyone has defined "affordable." Mr. Bergstrom said
while they are still waiting for Health and Human Services to come out with their
definition of affordable, the essential benefits plan will look similar to a health savings
account plan with a $1500 deductible for individual /$3000 for family and a 70/80/90%
coinsurance but they may adjust it based on annual income and employers will be
penalized for a worse plan.
11.058 D. Barber /Schumann Intersection Improvement Prc�cntation (City Manager
5 8 Transmittal, Conceptual Cure Plan, Schumann Drive Alignment)
11.020 A. Certificate of Appreciation to Charles Cardinale Planning Zoning Service
Mayor Hill announced Mr. Cardinale arrived and invited him to the podium. He read and
presented the certificate to Mr. Cardinale.
2
Regular City Council Meeting
April 27, 2011
Page Three
Brief Announcements
Mayor Hill introduced Southampton, Long Island Village Board of Trustee Paul Robinson
and his wife. Trustee Robinson said his friend, Charter Review Committee Member
Carolyn Sartain- Anderson, invited them down to see the space shuttle launch and a
"real" Council meeting.
Mr. Gillmor cited crime going up in Indian River County but in Sebastian it dropped 13%
as noted in today's Press Journal and suggested Sebastian's decrease should have
been the paper's headline and gave kudos to our Police Department.
Mr. Wolff reminded everyone of the May 21 Community Shredding Day to be held from
10 a.m. to 1:00 p.m. in the City Hall parking lot.
Mayor Hill said Indian River County held their Mighty Mu Math competition today and
Osceola Magnet School's fourth and fifth grade Explorers took first place overall, which
is special to him because his daughter, Kendra Hill, is on the fourth grade team.
7 CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member 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 -21 A. Approval of Minutes April 13, 2011
11.059 B. Approve Craft Club of Sebastian Show Dates and Rain Dates for 2011 -2012 at
23 -31 Riverview Park and Authorize 50% Reduction of Applicable Fees (Parks
Transmittal, Application, Letter)
11.060 C. Award Bid to Maxwell and Son, Inc. to Design and Install a Lift Station at
33 -96 Riverview Park in the Amount of $53,700.00 and Authorizes City Manager to
Execute Contract (Growth Management Transmittal, Bid Tabulation, Pre -Bid
Meeting Attendance Sheet, Agreement)
11.009 D. Authorize City Manager to Execute Modified Powerline Road Agreement with
97 -156 Timothy Rose Construction (City Manager Transmittal, Agreement)
11.061 E. Approve and Accept the Florida Fish and Wildlife Conservation Commission
157 -207 Boating Improvement Grant Agreement for the Sebastian Mooring Field (City
Manager Transmittal, (City Manager Transmittal, Agreement)
Mr. Wright asked to pull item E.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve items A -D.
Result of the roll call
AYES: All
NAYS: None
Passed 5 -0
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Regular City Council Meeting
April 27, 2011
Page Four
Item E
Mr. Wright said typically grants provide a high percentage of money with a low City
participation and this one provides $21,000 with a $57,500 City contribution. He cited
the grant agreement with scope of service, inspection, dedication, reporting
requirements and questioned whether, with the additional documentation and everything
else, it made sense to accept the grant or if the City could do something with our own
funds.
Mayor Hill said he had the same reaction; and he asked the City Manager how much it
would cost to comply, and how restrictive the grant would be in going forward.
The City Manager said the grant is slightly problematic but Council wanted staff to move
forward with the improvements and staff did anticipate the funds were designed based
so the $21,000 would apply to professional services and he hoped other jurisdictions
could put together a match for the dock costs.
He said if Council would like to move forward they could make due, or look to the
recreation impact fees to cover the design (with the derivative giving up a grant) but
gaining time and coming up with a project that they want.
Mr. Gillmor asked if the $21,000 would have to be used for engineering anyway. The
City Manager said yes, but it is not a simple project, it is in the estuary area, there are
protected grasses, a lot of engineering work would have to be done so staff thought to
acquire a professional design and use recreational impact fees or another grant to build
the dock.
Mr. Gillmor reiterated the professional fees would be $21,000 and asked what would be
the time table if the grant is accepted. The City Manager said it must be completed by
September 2012.
Mr. Wolff confirmed the grant would affect the construction aspects and asked if it wasn't
a risk to put it on the consent agenda. The City Manager said with all due respect the
grant was driven by Council.
MOTION by Mayor Hill and SECOND by Ms. Coy to reject the FFWC boating grant
agreement.
Public Comment
Damien Gilliams, 1623 US Highway 1, thanked the Council member who pulled it off the
consent agenda, the City should maintain full control of the moorings, he recommended
a "no" vote and readdressing the project with recreation fee money.
Ben Hocker, Sebastian, thanked Mr. Wright, noting we already have a mooring area in
front of Capt. Hiram's and Capt. Butchers, with piers at the Park with boat slips but he
has never seen them utilized. He asked if the slips can be utilized, and if there will be
time limits, otherwise it turns into a Key West.
Result of the roll call
AYES: All
NAYS: None
The motion to reject the grant passed 5 -0
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Regular City Council Meeting
April 27, 2011
Page Five
8. 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.
11.020 A. Planning Zoning Commission
209 -224 i. Fill Two Regular and One Alternate Member Positions (City Clerk
Transmittal, Four Applications, Press Release, Board List)
Mayor Hill said Mr. Hansen has withdrawn his application from consideration.
Mr. Carter said he has been an alternate member for several months and would like to
be a regular member.
Mr. Kayser said he has been a resident for five years and he would like to do his civic
duty.
Mr. Qizilbash said "Bash" is his nickname, he is a professional civil engineer, and
general contractor, is mostly retired, and would like to give back to the City.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to have Mr. Carter and Mr. Qizilbash
serve in the permanent positions and Mr. Kayser in the alternate position. There were
no objections, therefore they were appointed as recommended.
9. PUBLIC HEARINGS
10.031 A. Public Hearing and Final Adoption of Ordinance No. 0 -10 -06 Providing for an
225 -268 Economic Development Element in the Comprehensive Plan (Growth
Management Transmittal, 0- 10 -06, DCA ORC Report w /Agency Comments)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN TO PROVIDE AN ECONOMIC DEVELOPMENT ELEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
EFFECTIVE DATE. (PJ ad 4/12/11)
The City Attorney read Ordinance 0 -10 -08 by title and Mayor Hill opened the public
hearing at 7:24 p.m.
The Growth Management Manager said this element was before Council in
September last year; staff received the ORC report from DCA with no objections, and
actually received some very nice comments that commended the City for
memorializing economic policies. She said if adopted, it will be transmitted to the
State for compliance review.
MOTION by Mr. Wright and SECOND by Mr. Wolff to adopt 0 -10 -06 and transmit it
to the Florida Department of Community Affairs.
Damien Gilliams, 1623 US Highway 1, said the Governor is looking to curtail how
cities send comp plans to the State and he wasn't sure if staff is aware of these new
rules.
The City Manager said staff recommended adoption, and staff hoped Governor
Scott's proposed changes become law, as they will give municipalities more
autonomy and be more responsive to the public.
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Regular City Council Meeting
April 27, 2011
Page Six
Ms. Coy commended staff for the nice comments from DCA, noting we are a step
ahead and this is right thing to do. Mr. Wolff agreed, this element is optional and we
are doing our own thing very well. Mayor Hill added they have been working on this
for four years now.
Result of the roll call
AYES: All
NAYS: None
Passed 5 -0
Mayor Hill called for a recess at 7:30 p.m. and reconvened the meeting at 7:43 p.m.,
all members were present.
11.062 B. Quasi Judicial Public Hearing of Resolution No. R -11 -11 Sebastian Charter
269 -300 Junior High School Site Plan Modification (Growth Management Transmittal,
R- 11 -11, Staff Report, P Z Minutes, R- 00 -32, Application, Colored
Elevation, Aerial, Site Plan, Architectural Plans, Lighting Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A SITE PLAN MODIFICATION FOR THE SEBASTIAN CHARTER JUNIOR HIGH
SCHOOL WITHIN THE CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE. (PJ ad 4/12/11)
The City Attorney read Resolution No. R -11 -11 by title and Mayor Hill opened the public
hearing at 7:43 p.m.
Ex Parte Communications
Ms. Coy said she had informal discussions on site and spoke to the principal in
general terms. Mayor Hill said he had discussions with representatives from the
school and has a child who is a student at the school. The City Attorney asked Ms.
Coy and Mayor Hill if there was anything that would prevent them from considering
this application on its merits and only what is presented tonight. Ms. Coy and Mayor
Hill said there was not.
The City Clerk swore in all those who intended to offer testimony.
John Rivera, Chair of the Board of Directors and President of the Sebastian Charter
Junior High recognized his mother, history teacher Susan Boyd; his high school
mentor Jerome Martin; Resource Specialist Joy Curtz who has a sign that says, "All
jobs begin with education and Principal Dr. Martha McAdams.
He asked for permission to build the new teaching facility and they will take care of
the rest. He described the school's history and curriculum.
Amy Banov, Architect with Banov Architects, displayed a PowerPoint presentation
depicting the current modulars with replaced buildings that will provide an attractive
building enhancing the community. (see attached)
Todd Howder, PE with MVB Engineering, said the school is already a great asset and
there were future business leaders over his shoulder in the audience. He briefly
described the drainage plan depicted on the drawings in the agenda packet.
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Regular City Council Meeting
April 27, 2011
Page Seven
The Growth Management Director said staff finds the School's request to modify the site
plan met all code requirements and recommended approval pursuant to conditions on
circle page 271 of the agenda packet.
Ms. Coy pointed out the multi purpose room called the cafegymatorium planned for
phase II.
Mr. Wolff asked if they anticipated using the new building as a shelter for weather
emergencies. Ms. Banov said it is not currently designed for hurricane standards.
Mr. Wright said there is a condo development under consideration on other side and
asked if the traffic was considered so there isn't congestion.
Brian Goode, P.E. said they did do a traffic impact analysis, looked at peak season,
actual traffic on the road, added in the vested traffic (to be built) noting he did do the
study for the multi family unit because it was not vested. He said he found the analysis
met all the standards, there has been queuing wrapping around Wave Street, but quickly
dissipates.
In favor
Martha McAdams, Principal, said they plan to have the cafegymatoriuim used by the
community, and they were working on a grant to offer intergenerational opportunities to
the community and thanked Council for their support in the past.
Jaya Dong, 411 Kumquat Avenue said she used to worry where her daughter,
Cheyenne, would go and at the time, she thought the school was just going to be a
school but found they became part of a family. She asked that the school be allowed to
become truly amazing.
Damien Gilliams, 1623 US Hwy 1, said he had the opportunity to walk through the
school and watch it grow; it's an A rated school and more are needed in the community;
he hoped Council would give them what they need.
There was no one in opposition of the request.
Mr. Rivera reminded them that all jobs begin with education
The Growth Management Director said staff recommended approval.
Mr. Wolff asked about the time line for the project. Ms. Banov said they will go into
Building Department review as soon as possible, do the parking lot this summer, phase I
to be done by mid -year, and phase II completed in August 2012, if all goes well.
Mayor Hill recognized the high school students present and noted they were not bribed
with volunteer hours.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution R- 11 -11.
Ms. Coy said people should see the school change periods —the cafegymatorium can be
transformed in minutes and Dr. McAdams alluding to the possibility of using the building
for community use will be good partnership opportunities.
7
Regular City Council Meeting
April 27, 2011
Page Eight
Result of the roll call:
AYES: All
NAYS: None
Passed 5 -0.
10. UNFINISHED BUSINESS
11.054 A. Commercial District Signs (CM /GMD Transmittal, Chamber Memo, Draft
301 -309 Ordinance, Sign Illustrations)
The City Manager said the issue at hand was how they will extend or consider additional
signage for the business district, he did get in touch with Beth Mitchell, Executive
Director of the Chamber who took the issue to the Business Develop Committee which
provided a list of recommendations on circle page 303 of the packet. He said staff
provided a draft ordinance and he asked Council to note that changes would have to be
considered by the Planning and Zoning Commission (P Z).
He said the recommendation included that sandwich type and feather type signs be
permitted; it was important to marry ambience and attractiveness of the community and
achieve that middle ground, no fee permits should be required to give code enforcement
officers the opportunity to remove those without permit, allow grand opening signs to be
increased from 30 to 60 days, and not change any requirements for the monument type
signs.
Public Input
Damien Gilliams, 1623 Highway 1, said there are more violations than you can shake a
stick at, any time you start with more permit bureaucracy -it starts out at free, then $5,
$10, $20 and so forth; maybe the City could sell A -frame signs to control conformity; his
other concern was storm season, sometimes its better to let the market dictate what
kinds of sign comes in, he hated to see Council rush this ordinance because businesses
are suffering big time, they want to make it easy for businesses to put their signs up and
should probably provide an A -frame when people open up a business, was glad to see
the Chamber here, less government regulation and the businesses will flourish.
Delmont Oquist, a local barber who moved here 30 years ago from Wisconsin, described
the hard time he had opening his business because of sign regulations and ended up
with a shop at 1413 North Central Avenue and received a compliment from City on the
building change. He said he loved Sebastian, took down his non conforming signs, but
was put out when he sees all kinds of signs that are dirty, falling down, propped up on
bumpers, which all make a beautiful drive in Sebastian ugly.
Brad White, local realtor, said his business moves from site to site and asked if he
needed a permit to put up a feather sign at each site or just one permit. He said they are
attractive and he would like to use something like that.
Ben Hocker said he was in agreement with everything except for feather signs, they are
distracting, don't fit with the decor of the town and said Council might want to eliminate
them.
Donna Keys, 725 Layport Drive, commercial property owner on US1, said this Council
has been extremely sensitive to the business community, citing the CRA grants of
thousands of dollars to make signage look nice.
8
Regular City Council Meeting
April 27, 2011
Page Nine
8:43 pm
In the new ordinance, she asked that grand opening signs be allowed up to 60 days,
special events be allowed for two weeks and not more than four times a year, and
establish more control for feather signs such as only at grand openings or special
events.
Mr. Gillmor said at the last meeting there was consensus of doing what was already
done in the temporary ordinance, just extending it, concerned the draft ordinance would
go farther than what people want, he asked when does it stop, has received calls about
hand -made unattractive signs on CR512, is against anything that moves, and if
businesses are allowed feather signs that is not the Sebastian he wants to live in.
Mayor Hill said Council is trying to reduce creep and through the permit process it will
eliminate what Mr. Gillmor is talking about it, he said doing business on CR512 is very
difficult because of lack of visibility. He said the issue that better signs are needed
warrants discussion, he would not want to see permanent feather signs, the A -frame is
important, and the potential ordinance will go towards hand drawn and other things
people are doing to attract customers.
Ms. Coy said the sandwich board sign was intended to go in at night and be something
special and not say the same thing everything day, a special event could be advertised
on a sandwich board, and she could envision a couple of people having special events
once a week. She said she was conflicted on feather flags, did not favor putting them in
the residential area, and she asked that the ordinance apply to the CR512 and CRA
overlay districts, as well as US1 in City limits and outside with the County's compliance
to get a more uniform look on US1. She noted this would exclude Roseland Road.
Mr. Wright said he was concerned with getting too restrictive, suggested limitations on
height or size of feather signs which are visible and do attract customers. He said some
businesses don't have a monument sign such as the Villages who feel they don't have
enough exposure to attract customers and the purpose of the ordinance is to allow
business to be recognized when someone drives past a business. He said it would be
appropriate to send the ordinance to P &Z, and limit special events to a week.
In response to Ms. Coy, Mr. Wright described special events. Mayor Hill pointed out the
idea is to limit businesses going out of business for five years.
Mr. Wright said the business community is severely challenged, the stability is not there
yet, so Council should be careful about restricting their business.
Mr. Wolff thanked everyone who came to speak to Council, commercial enterprises are
always going to promote, over years towns have asked them to mute their colors, and
with regard to feather flags, he didn't think they worked in trying to promote a
spontaneous purchase, noting not every business is conducive to spontaneous
business. He said he found it far fetched that a previous speaker said he needed his
sign to be visible to rent a U -Haul truck.
He said if you didn't know what Metro was, the big purple feather sign becomes invisible,
and there are some instances that spontaneous purchases are part of a plan, but the
key component does not lie with having a feather flag outside.
9
Regular City Council Meeting
April 27, 2011
Page Ten
9:17 pm
He said Indian River Realty has a thousand members, so there is the potential to have
thousands of feathers flags, the hope of us keeping the flags respectable is slim, the
cluttered look is not scarce in Florida, what Sebastian has can't be found, visitors won't
come if its look like SR192, they need to maintain the charm and feel of the town.
Mayor Hill said he couldn't see how they could allow the permanent use of feather flags,
did agree there is a place, and finding that place, is Council's job.
Mr. Wright said that might be grand openings and special events.
Mayor Hill said the idea of everyone having the option to use the flags is very scary and
would easily transform the community into something that it isn't, discussion is leading
us in the right direction, and it will help formulate the ordinance, then send it to P Z.
Mr. Gillmor said he hoped they would look at this and ask "what if" we allow this
everywhere, allow every business to have one; if feather flags are allowed, every
business will have one. He said a business advertising they are "new" with a banner for
60 days could attract customers.
The City Manager said the LDR doesn't permit a feather flag in the residential area for a
house sale, not even for open houses.
Mr. Wolff asked about commercial property for sale. Mr. Wright said special events
would control that. Ms. Coy said she didn't believe there are special events and when
you open a business its tough, and we have been blind to the signage and been good to
the businesses. She said there is a happy middle noting when you open a business and
have a plan that is dependent on the size of your sign, you didn't do your homework.
Mr. Wright said people are talking about cardboard signs, and have gone way beyond
what our code allows.
Ms. Coy asked what a special event sign look like. Mr. Wright said it typically a banner,
and certain businesses depend on them.
Mayor Hill said they are all agreeing in the direction they want to go, get cleaned up,
special event signs need to continue but we need to define what is a special event sign,
the compromise could be a time limit and how many businesses do it, noting it will go to
P &Z and suggested having a definition of a special event.
The Growth Management Director said a special event defined in the LDA is for 10 days
such as Earth Day, Pelican Island Wildlife Festival, or a florist shop's valentine special.
The City Manager said staff will tweak the ordinance with the changes discussed tonight
such as sandwich board size, how feather flags will be displayed, it will go before P Z,
and come back to Council in July and August; and in the interim he will work with Code
Enforcement in removing some of the nuisance signs and work with businesses.
11.063 B. Ocean Concrete Update (City Manager Transmittal)
311
9:23 The City Manager stated he was seeking direction to prepare an appeal for Council
approval even though the County Attorney has not made a decision on Ocean Concrete.
10
Regular City Council Meeting
April 27, 2011
Page Eleven
Mr. Wright said he has followed this closely, Council has been consistently against the
project, it would be nice if we didn't have to pursue it, however, we need to be prepared.
Mayor Hill agreed. There was no public input. Mayor Hill said the direction should be to
prepare ourselves for an appeal. There was no objection.
11. PUBLIC INPUT
Damien Gilliams, 1623 US Highway 1, asked when the City will have commercial
recycling, said events using Riverview Park should use Waste Management; and there
should be bins at home with wheels.
He commended the Police Volunteers for saving the City money, said the Mayor forgot
to congratulate his son who was also on the Mighty Mu team; said we need to organize
the Treasure Coast health care system for all employees to save money; the auditor
RFP should be advertised in Martin County, Palm Beach County; we need to get a siren
system for emergency warnings; allow golf carts on roads to save money and gas; and
get real estate values and assessments up.
12. NEW BUSINESS none.
13. CITY ATTORNEY MATTERS
11.064 A. Proposal Indian River County "Pill Mill" Ordinance (County Attorney Memo
313 -330 dated 4/4/11, Proposed County Ordinance)
The City Attorney wanted to let Council know that IRC has been working on this for the
past year with the staff's assistance, the State has reversed its policy, and we don't
know if something will be enacted there. He said it is possible session will end without
action; and the federal government is giving attention to the problem as well. He said
our provisions are in the County's proposal and this is really an FYI for Council.
11.065 B. Litigation Memo (City Attorney Memo dated 4/20/11) Like to provide
331
He said his litigation memo is provided for Council.
He said the political sign ordinance will need an amendment to be effective and that will
be going to the Planning and Zoning Commission and then on to Council.
14. CITY MANAGER MATTERS
The City Manager said the Hurricane Harbor rehabilitation is about complete; he
has done some preliminary grand opening work with Fisherman's Landing
Sebastian and Council will be the first to know the date.
He said the Cavcorp project has gone out to bid; the deadline is the end of May,
with recommendation to come back to Council in June /July.
11
Regular City Council Meeting
April 27, 2011
Page Twelve
He apologized to Council for placing the grant on the consent agenda noting Mr.
Gillmor will have to cut and paste a new Press Journal headline that, "City
Rejects Grant," he will accept upcoming evaluation comments that he is too
eager to please. Mr. Gillmor reminded him that the Press Journal credited Vero
Beach with receiving the grant.
15. CITY CLERK MATTERS
The City Clerk said the Charter Review Committee has wrapped up their
discussions and plan to hold public hearings on May 12 and 26; and they would
like to invite Council and the City Manager to their May 12 public hearing.
16. CITY COUNCIL MATTERS
A. Council Member Gillmor none.
B. Council Member Wolff
Mr. Wolff said we have made great efforts in improving the community during this
tough time and asked the City Manager to make inquiries as to status of fire
house on US 1 which remains an eyesore, that it would be interesting for
planning purposes, to see what is going to be done with the property, and convey
a sense of urgency to go something with it as we begin to install pavers and
landscaping on US 1.
Mayor Hill agreed. The City Manager said he would provide a report on that, the
County may have a buyer for the property and he would confirm that and provide
all the information.
C. Mayor Hill
11.066 i. Candidate Forums (No Backup)
Mayor Hill said he put this on the agenda because they will have some requests
to hold the standard forums in City Hall and it has served a great public service to
get the candidates out to the public without bringing in partisanship or favoritism;
however last year there were some individuals who had some not so good
intentions that tried to jog the system and he wanted to have something in place
to protect the integrity of what they try to do with their facility. He noted the
facility costs taxpayer money and he requested Council input on where they
should go. He said he was leaning on not spending taxpayer money on the
broadcasts.
Ms. Coy said they do have dilemma, the service has been valuable, and she
would hate to see it go away, but it almost did last year. She didn't think there
needed to be any more than the two groups that have applied and asked the City
Attorney if they could tighten it up and not leave an open door.
The City Attorney said the policy was adopted by resolution, if it was the will of
Council he would look into it; as it stands, noting Council provides the final
decision on events scheduled of that nature.
12
Regular City Council Meeting
April 27, 2011
Page Thirteen
Mayor Hill said he would like Council input and the key is that some have asked
to use the Chamber so he would like to iron this out now and have a policy going
forward. He said as the policy is written, if a non profit that doesn't show a
political bias and a plan for their forum, it is our responsibility to approve it.
Mr. Gillmor said there should be a cost factor and asked how many forums they
would need -one for each candidate which would put the City on the hook for
more.
The City Attorney advised they should tread carefully in this area, they are not
starting with a blank page, they are partially pregnant, and if it was the will of
Council, he will look at a way to tighten this up.
Ms. Coy said for fiscal reasons alone, she would hate to see it stop but it is a
possibility and said it was like using the park- everyone uses it or no one does.
Mr. Wolff asked what if the Tea Party asks for a forum, what would be the limit.
Mayor Hill said the current resolution would not allow that to take place, but the
other organizations' forums have taken place before City Hall was built and will
continue.
Mr. Gillmor suggested putting the two organizations together. Mayor Hill said
that is a fair thought, they would take place even if not at City Hall, but they are
servicing different segments of the community.
Mr. Wolff said the impetus was the way the forums were held and those
candidates requesting last year wanted to debate each other, but he didn't think
candidates would participate in such a debate.
Ms. Coy said he spoke from experience, and if he looked back to when he didn't
have experience to a televised forum, he might have shown up.
Mr. Wright said it is a shame they have gotten away from the forums sanctioned
by Council, they are non partisan, they have a history that goes back many years
with two groups that are important to the community, and they should find some
way to accommodate that.
Mayor Hill agreed, it has served us well and he would love to see something to
protect integrity and have the Attorney bring something back.
Mr. Wolff advised the groups to set their forum calendars in accordance with
early voting.
D. Vice Mayor Wright
Mr. Wright said he had been contacted by a bicycle /scooter business that
is interested in opening on the waterfront but there is an ordinance
prohibiting automobile sales and leasing which includes scooters. He
said he did not think scooters would be a bad idea and would be looking
into the ordinance.
13
8
Regular City Council Meeting
April 27, 2011
Page Fourteen
Approved at the May 11, 2011 Regular City Council meeting.
Jim Hill, Mayor
ATTEST:
Sally A. Maio, MMC City Clerk
E. Council Member Coy
Ms. Coy announced the Chamber's Concert in the Park on Friday, April 29
which is to be classical rock.
17. Being no further business, Mayor Hill adjourned the regular meeting at 9:57 p.m.
14
Subject: Annual Uniform Contract
A s pr i v d for Submittal by:
Agenda No. it 0 7 3
Department Origin: 1 blic W o
Department ea c i l;
Admin Srvc: 4 ,41417%
City Attorney:
i er
City Clerk:
Date Submitted: May 4 2011
For Agenda of: May 11th. 2011
Exhibits: Bid documents
EXPENDITURE
REQUIRED:
$6,323
AMOUNT
BUDGETED:
$7,904
APPROPRIATION
REQUIRED:
0.00
FUNDING SOURCE:
General Fund
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
SUMMARY
The Public Works Department solicited sealed bids for the annual uniform contract
to supply and clean uniforms for the Public Works and Airport Staff. Aramark Uniforms
from Orlando was the low bidder. Aramark has the current contract with the City of
Sebastian and therefore, will continue to be our annual supplier. This contract will be for
three years. The cost per person for uniforms will be $3.80 a savings of $0.95 cents per
employee per week. Upon Council approval the new contract is scheduled to begin May
26, 2011. The new contract will provide a total annual savings of $1,580.
RECOMMENDED ACTION
Move to award the annual uniform contract to Aramark Uniforms and authorize staff to sign the
contract documents.
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Subject: Sebastian Public Broadcast Policy/
Proposed Amendment
Ap rov-;• f.r Submittal by City Manager
Agenda No. 1 1. b 7
Department Orig
City Attorney:
i :Qty Attorn y's Office
/1 1"
City Clerk:
Date Submitted: 05/04/11
For Agenda of: 05/11/11
Al w er
Exhibits: Resolution R -05
-09 and Page 2 Amendment
EXPENDITURE
REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
CR OF
HOME OF PELICAN ISLAND
Request City Council approval.
SUMMARY
Resolution R- 05 -09, "City of Sebastian Public Broadcast. Policy" states that amendments may be
submitted by providing the City Council with revised pages.
The amendment proposed on page 2 provides a method for assuring quality programming for
political debates and candidate forums.
RECOMMENDED ACTION
RESOLUTION NO. R -05 -09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA ADOPTING A "CITY OF SEBASTIAN PUBLIC BROADCAST
POLICY PROVIDING FOR FUTURE AMENDMENTS IN ACCORDANCE
WITH UPDATED TECHNOLOGY AND PROGRAMMING ABILITY AND
APPROVED BY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in light of establishment of an upgraded audio /visual system for the
City of Sebastian, the audiovisual team consisting of the City Clerks' office, MIS Division,
Craig Jerome, the City's Consultant, and Barbour Multimedia met to create a City of
Sebastian Public Broadcast Policy, and
WHEREAS, the AN team believes it is in the best interest of the City to have a
written policy but request the ability to amend the policy from time to time as new
technologies emerge and as staff has the ability to broaden its programming capabilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
Section 1. The City of Sebastian Public Broadcast Policy dated February 16,
2005, as attached hereto as Exhibit "A is hereby adopted.
Section 2. The City of Sebastian Public Broadcast Policy may be amended by
staff based on new technologies and ability to provide better programming Proposals for
revised pages will be forwarded to City Council for their approval at a City Council meeting.
Approved amended pages will reflect the revision dates and will be scanned with this
original adopting Resolution.
35
Section 3. REPEAL. All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed.
Section 4. EFFECTIVE DATE. This Resolution shall take effective immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
McCollum
Barczyk
Mayor Nathan McCollum aye
Vice Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier aye
The Mayor thereupon declared this Resolution duly passed and adopted this
23rd day of February 2005.
Sally A. Ma MMC
City Cle
Approved as to Form and Content for
Relianc y tie C' of Sebastian Only:
Rich Stringer
City Attorney
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
CITY OF S, FLORIDA
1
cCollum, Mayor
The following is a list of general priorities that will apply to the City's government access
channel:
o Programming of an emergency nature involving public safety or health
o Programming of or about meetings of City policy- making bodies
o Programming of various departments and their services
o General programming of the City produced in the production studio of Channel 25
o Programming of county, state, federal or quasi governmental agencies
o Programming provided by local, charitable and community service non profit
organizations
o Additional community /government programming
PERMITTED PROGRAMMING:
Live Programs
Live coverage will be provided of all meetings of the Sebastian City Council, which take place in
the City Council Chambers. Live coverage may also be provided for meetings of all or any other
City board, commission or committee. All live meeting coverage will be from gavel to gavel.
o Live coverage stipulations:
Live coverage of all City Council meetings will take precedence over all other
programming on Channel 25, except in the case of an emergency.
City Council meetings will be shown live the second and fourth Wednesday of
every month and replayed the following weekend.
All special meetings of the City Council will also be shown live, except when
those meetings are not held in the City Council Chambers.
Workshop meetings of the City Council will be shown live at the discretion of
the City Council live when scheduled and replayed the following weekend.
Political debates and candidate forums conducted by local charitable and
community service non profit organizations will be shown live when
scheduled as approved by the Sebastian City Council. Such organizations,
when requesting to host a political debate and /or candidate forum, shall
provide the City Council with verifiable information establishing their
competence and experience in hosting at least one prior political debate
or candidate forum in accordance with the requirements of this
paragraph. City shall not air political programming or campaigning by or on
behalf of any candidate for public office. Use of the channel by elected
officials seeking reelection and candidates seeking election is prohibited
except in balanced non partisan open forum programming formats or
regularly scheduled government meetings. Current elected officials seeking
reelection may be shown in the performance of their official duties at regularly
scheduled meetings or incidental appearances in other programming but may
not use the format to further their individual campaigns.
Other Boards and Committees of the City may be televised live as we acquire
the ability to do so and public demand is ascertained.
City of Sebastian Public Broadcast Policy Government Access Cable Channel 25 City Website
Audio Visual System 5/2/2011
Subject:
Potomac Change Order
A •i• ro r Submittal by:
Ar
#1
Agenda No. 1 03 S
Department 0 igin:
Admin Srvc:
Public /Works
-i
City Attorney: WANIF
City Clerk: t� j
Date Submitted: 5 MAY 11
Council Date: 11 MAY 11
'Fir n r, City Manager
EXPENDITURE REQUIRED:
$20,367
AMOUNT BUDGETED:
$158,000
APPROPRIATION
REQUIRED:
$24,050
SW /DST Funds
ITEM
BUDGETED AMOUNT
SJRWMD Permitting
$500
IRC Permitting
2,350
Bid Advertisement
440
Professional Services (Neel- Schaffer)
41,000
SunTree Technologies (Baffle Box)
24,951
Sheltra Son Contract
88,346
Total Amended Project (DST FUND)
$157,587
CO #1 Additional S &S Personnel (W /S Conflict Relocation)
11,450
CO #1 City Purchases Materials (Materials for W/S Relocation)
8,917
New Project Cost
$177,954
New Project Allocation Re uest
$182,000
Contingency Available
$4,046
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
After a field inspection by the contractor on 25 April 11, it was determined that the
project has an Indian River County Utility water and sewer line conflict. In the same
locations that the drainage improvements must be located exists a 12" water main and a
6" force main. The good news is the project does not have to be unnecessarily delayed,
because Sheltra and Son is a contract utility relocator for the County. In addition,
Sheltra will provide pre procured prices to move the utilities. The bad news is,
obviously, the need for the change order.
Therefore, staff is requesting that the Potomac Project be amended by $24,000.
Further, in order to return approximately $105,000 to the DST Fund and close out the
2003 Series proceeds, staff is recommending that the project be funded primarily from
the Stormwater Fund Middle Stonecrop project which has $129,399 available. Please
note that in recommending this financial shift, the Middle Stonecrop project will be
closed. However, the primary Stonecrop outfall has been repaired and Potomac was a
noted project in the schedule of expenses for the 2003 Debt Series. In detail the
Potomac expenses are as follows:
By transferring this project to the Stormwater Fund from the DST Fund affects the
special revenues as follows:
Existing DST Project Amount
FUND
Stormwater Fund TRF to Potomac (Retire Middle Stonecrop)
DST Funds For Potomac
NEW DST /STORM WATER POTOMAC PROJECT BUDGET
Amount Return To DST Fund
Also note that Public Works staff was able to reduce the original change order from
$24,870.00 to $20,367 by dividing the change order into two parts. First, Council will be
asked to provide authorization to approve the Sheltra Invoice in the amount of $11,450.
This amount represents additional labor needed to locate the utilities. Second, by
increasing the project budget the City will purchase the materials, thereby saving sales
tax. Staff will then purchase approximately $8,917 in parts /materials. Please see
attachments which depict these expenses.
RECOMMENDED ACTION
Staff recommends the following actions with regard to the Potomac Project:
AMOUNT
$158,000
129,399
52,601
$182,000
$105,399
1. Transfer $129,399 from the Middle Stonecrop Project (Stormwater Fund) to the
Potomac Project.
2. Approve Sheltra and Son invoice (dated May 4, 2011) in the amount of $11,450.
3. Transfer $105,399 from the Potomac Project (DST Funds) to the DST Reserve
Account.
3
May4, 2011
Indian River County Utility Lines Deflection
Attn: Linda Kinchen
City of Sebastian
202 Airport Drive East
Sebastian, Florida 32958
Proposal to Deflect 12 inch DIP Water Main
Proposal to Deflect 6 inch PVC Sewer Force Main
Schedule of
Total Sum is a L
ITEM
1
2
3
4
5
6
8
1
2
3
4
5
6
7
8
DESCRIPTION
QTY
rce
6 inch 45° Bend (401 Epoxy Coated)
C900 PV_C__Pipe
Air Release Valve with
CDR Box Traffic Bearing
6 inch Long Sleeve (401 Epoxy Coated)
1390 Bar Restraints
CompactionTesting
Well Point System
Maintenance of Traffic
inch DIP Water Main
12 inch 45° Bend (Cement Lined
12 inch Ductile Pipe Cement Lined
12 inch Long Sleeve (Cement Lined)
Asphalt Repair
Well Point System
Maintenance of Traffic
4
60
1
1
2
1
1
1
4
60
1
4
1
1
1
1
UNIT UNIT PRICE TOTAL
EA
LF
EA
EA
EA
LS
LS
LS
EA
LF
EA
EA
LS
1390 Bar Restraints
CompactionTesting
LS
LS
LS
$100.00
$20.00
$1,000.00
$200.00
$100.00
$250.00
$1,500.00
$750.00
$200.00
$20.00
$300.00
$100.00
$250.00
$750.00
$1,500.00
$750.00
TOTAL:
$400.00
$1,200.00
$1,000.00
$200.00
$200.00
$250.00
$1,500.00
$750.00
$800.00
$1,200.00
$300.00
$400.00
$250.00
$750.00
$1,500.00
$750.00
11,450.00
NOTE: Price for Vacuum Truck not included
Submitted,
Bruce D. Haas
Project Manager
Sheltra Son Construction Co., Inc.
NI
14911 SW VAN BUREN AVE, INDIANTOWN, FL 34956
PH 772 597 -3180 FAX 772 597 -4213
Potomac Ave Drainage Improvements
Potomac Ave Ditch
Accepted,
Linda Kinchen
Administrative Supervisor
City of Sebastian
May 4, 2011
Indian River County Utility Lines Deflection
Attn: Linda Kinchen
City of Sebastian
202 Airport Drive East
Sebastian, Florida 32958
Bruce D. Haas
Project Manager
Sheltra Son Construction Co., Inc.
,4
a br
Parts to. Deflect 12 inch DIP Water Main
Parts to Deflect 6 inch PVC Sewer Force Main
14911 SW VAN BUREN AVE, INDIANTOWN, FL 34956
PH 772- 597 -3180 FAX 772 597 -4213
ITEM
DESCRIPTION
QTY UNIT
1
3
4
5
6
7
1
2
3
4
5
6 inch 45° Bend (401 Epoxy Coated)
-C900- PVC -Pipe
2 inch Stainless Steel Air Release
Valve with Double Clamp Saddle
CDR Box Traffic Bearing
6 inch Long Sleeve (401 Epoxy Coated)
1390 Bar Restraint Kits
6 Inch PVC Mega Lug Kits
ater.. nna
12 inch 45° Bend (Cement Lined)
12 inch Ductile Pipe (Cement Lined)
12 inch Long Sleeve (Cement Lined)
1390 Bar Restraint Kits
12 Inch DIP Mega Lug Kits
4
60
1
1
1
2
10
4
60
1
4
10
EA
LF
EA
EA
EA
EA
EA
EA
LF
EA
EA
EA
Potomac Ave Drainage Improvements
Potomac Ave Ditch
Item
Description
Quantity
Net Price
UM
Total
6" SEWER FORCE MAIN
ITEM #1
MJ4P4LAU
6 MJ C153 P -401 45 BEND L/A
4
237.600
EA
950.40
SUBTOTAL
950.40
ITEM #2
DRl 8GPU
6 C900 DR18 PVC GJ GREE PIPE
60
4.400
FT
264.00
SUBTOTAL
264.00
ITEM #3
Price Quotation Page 1 of 3
Linda Kinchen
From: Lance.Merritt@Ferguson.com
Sent: Wednesday, May 04, 2011 4:17 PM
To: Linda Kinchen
Cc: BHAAS @BELLSOUTH.NET
Subject: FW: Email Bid# B178295
Linda,
Please feel free to call with any questions.
Thanks,
Lance
Bid No B178295
Bid Date...: 05/04/11
Quoted By: LCM
Customer.: CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FL 32958
Cust PO
5/5/2011
Price Quotation B178295
FEI FT. PIERCE, FL WW #1730
4510 PROSPERITY DRIVE
FORT PIERCE, FL 34981 -0000
Phone 772- 467 -0137
Fax 772-467-0472
Cust Phone: 772 388 -8207
Terms NET 10TH PROX
Ship To CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FL 32958
Job Name.: POTOMAC AVE DEFLECT
R202N069072
6X2 IP DBL SS STRP NYL SDL
1
70.100
EA
70.10
DS46NKU
2X6 SS SCH40 316 NIP
2
14.500
EA
29.00
FNW 100K
*TRN 2 SS 800# THRD 1PC RP BV
1
60.000
EA
60.00
AD025SS
2 IPS D025 COMB. AIR VLV F/ SWR
1
2125.000
EA
2125.00
SUBTOTAL
2284.10
ITEM #4
CWA03243630C
24X36X30 LT MTR BX W/ CI RDR
1
720.000
EA
720.00
SUBTOTAL
720.00
ITEM #5
MJLSP4LAU
6 MJ C153 P -401 LONG SLV L/A
1
261.700
EA
261.70
SUBTOTAL
261.70
ITEM #6
FUFR1390C6I
*CVR* 6IN UFR1390 -C -1 RESTRAINER
2
44.900
EA
89.80
SUBTOTAL
89.80
ITEM #7
SSLC6AP
6 PVC WDG REST *ONELOK W/ ACCY
10
37.900
EA
379.00
SUBTOTAL
379.00
TOTAL SEWER FORCE MAIN
4949.00
-12" WATER MAIN
ITEM #1
MJ4LA 12
12 MJ C153 45 BEND L/A
4
180.500
EA
722.00
SUBTOTAL
722.00
ITEM #2
AFT350P12
12 CL350 CL DI FASTITE PIPE
60
25.000
FT
1500.00
SUBTOTAL
1500.00
ITEM #3
MJLSLAl2
12X12 MJ C153 LONG SLV L/A
1
166.200
EA
166.20
SUBTOTAL
166.20
ITEM #4
FUFR1390C12I
*CVR* 12IN UFR1390 -C -I RESTRAINER
4
150.400
EA
601.60
SUBTOTAL
601.60
ITEM #5
Price Quotation
2 1 2 1
/5/2011
Page 2 of 3
SSLC12AP
12 PVC WDG REST *ONELOK W/ ACCY
10
97.800
EA
978.00
SUBTOTAL
978.00
TOTAL WATER MAIN
3967.80
Price Quotation
Page 3 of 3
Net Total:
Tax:
Total:
8916.80
0.00
8916.80
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS
BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED
OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our
control, and /or based upon Local, State and Federal laws governing type of products that can be sold or put into
commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are
incorporated by reference and found either following this document, or on the web at
http:// wolseleyna .com /terms_conditionsSale.html. Govt Buyers: All items quoted are open market unless noted
otherwise.
5/5/2011
Schedule of Values Only
Total Sum is a LUMP SUM Contract Price
ITEM
DESCRIPTION
QTY
UNIT
UNIT PRICE
TOTAL
6 Inch Sewer Force Main
1
6 inch 45° Bend (401 Epoxy Coated)
4
EA
$375.00
$1,500.00
2
C900 PVC Pipe
60
LF
$27.00
$1,620.00
3
Air Release Valve with
Manhole Hinged Ring Cover
2
EA
$4,000.00
$8,000.00
4
6 inch Long Sleeve (401 Epoxy Coated)
1
EA
$425.00
$425.00
5
1390 Bar Restraints
2
EA
$250.00
$500.00
6
CompactionTesting
1
LS
$250.00
$250.00
7
Asphalt Repair
1
LS
$750.00
$750.00
8
Well Point System
1
LS
$1,500.00
$1,500.00
9
Maintenance of Traffic
1
LS
$750.00
$750.00
12 inch DIP Water Main
1
12 inch 45° Bend (Cement Lined
4
EA
$500.00
$2,000.00
2
12 inch Ductile Pipe Cement Lined
60
LF
$45.00
$2,700.00
3
12 inch Long Sleeve (Cement Lined)
1
EA
$625.00
$625.00
4
1390 Bar Restraints
4
EA
$250.00
$250.00
$1,000.00
5
CompactionTesting
1
LS
$250.00
6
Asphalt Repair
1
LS
$750.00
$750.00
7
Well Point System
1
LS
$1,500.00
$1,500.00
8
Maintenance of Traffic
1
LS
$750.00
$750.00
TOTAL:
24,1370.00
Submitted,
May 3, 2011
Indian River County Utility Lines Deflection
Attn: Linda Kinchen
City of Sebastian
202 Airport Drive East
Sebastian, Florida 32958
Proposal to Deflect 12 inch DIP Water Main
Proposal to Deflect 6 inch PVC Sewer Force Main
Bruce D. Haas
Project Manager
Sheltra Son Construction Co., Inc.
14911 SW VAN BUREN AVE, INDIANTOWN, FL 34956
PH 772 597 -3180 FAX 772 597 -4213
Potomac Ave Drainage Improvements
Potomac Ave Ditch
NOTE: Price for Vacuum Truck not included
Accepted,
Linda Kinchen
Administrative Supervisor
City of Sebastian
Subject:
Barber Street Sports Complex Field
Total Golf Construction Vero
A pro d or Submittal by:
Expansion
Beach, FL
Agenda No. 1 1.
Department 0 ig'n:
Admin Srvc: ✓.ice
Cit ana•er
a �1
City Attorney:
City Clerk: ,L
Date Submitted: 5 MAY 11
Council Date: 11 MAY 11
-r, City Manager
Ex ibits: Contract; Bid Proposal; Bid List; Field Schematic
EXPENDITURE REQUIRED:
$159,280
AMOUNT BUDGETED:
$125,360
($360 Increase due to purchase of
bid packets)
APPROPRIATION
REQUIRED:
$48,660 Recreational
Impact Fees Zone D
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
FY 2011 Budget established a $125,000 project budget to expand the north football field
to regulation size (360' x 160'). The plan seeks to expand the field, contour the field,
install new irrigation, new sub -drain system and re -sod the field. In addition, because
the expansion requires more area on the north and west sides of the existing play area
lighting, sidewalks and parking area are also affected. The major visual change to the
project will be relocation of a portion of parking to the open area west of the existing field
where there will be new entry/exit to parking areas off Fairfield Avenue. Neel- Schaffer
was retained to design the improvements and assisted in obtaining the necessary
permitting. The Parks and Recreation Committee also consulted /reviewed the project.
The following parameters have dictated a small construction window permitting, design,
field use, dry season and construction time. Essentially the two biggest time prohibiting
factors are (1) Sebastian Sharks Prime Football Season (August December); and (2)
the dry season (January May). Therefore, the actual construction window became
June August. Assuming Council approval, the project is slated to begin June 1, with
major field work to be completed by July 1; thereby permitting approximately 30 -45 days
for turf grow -in.
On April 18, 2011, the City of Sebastian opened sealed bids for the project. Three
companies submitted bids and Total Golf Construction (Vero Beach, FL) was the low
bidder at $159,279.50. In preparing this transmittal, additional consideration may need
to be given to the light relocation. At the time of preparing the transmittal, specifications
for the light relocation were not available. Therefore, two potential avenues exist. First,
continue forward with the bid and receive specification for wind load approvals prior to
project permitting. Second, if wind load approvals cannot be received delay the project
or relocate the lights later. Due to the time restraints listed above, staff will be
recommending the first option.
Total Project expense to date are as follows:
ITEM
Engineering (Neel- Schaffer)
SJRWMD
Advertising
Fencing Project Budget
Total Project Expenses To Date
Project Budget
REMAINING FOR PROJECT
APPROPRIATION REQUIRED ZONE "D"
RECOMMENDATION
BUDGET
$6,720
100
206
7,714
$14,740
$125,360
$110,620
$48,660
Staff recommends that Council approve the Construction Services Agreement with Total
Golf Construction (Vero Beach, FL) in an amount of $159.280 and allocate an additional
$48,660 from Recreational Zone Impact Fees Zone D.
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of 2011, by and between
the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street,
Sebastian, Florida 32958 "City and "Contractor sets forth
that:
WHEREAS, The City desires to engage a Contractor who has special and unique
competence in order to complete the Project; and
WHEREAS, the Contractor represents that it has such competence and experience in
providing these services; and
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such;
IT IS, THEREFORE AGREED as follows:
1. TERM. This Agreement shall provide the Contractor with sixty (60) days to substantially
complete the project after the Notice to Proceed is issued. Failure to complete the project
within these time parameters will result in liquidated damages, as provided in paragraph
25 this Agreement.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract
Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price
Form, Instructions to Bidders, the Design Specifications, Contractor Qualification
Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other
documents listed in the Agreement Documents, written modifications issued after
execution of this Agreement if any, shall be incorporated herein and are to be construed
as part of this Agreement.
a. Intent. The Agreement and Design Specifications are an integrated part of the
Contract Documents and as such will not stand alone if used independently. The
Design Specifications are established to provide detail and design specifications
for the Project. The intent of the Agreement Documents is to set forth
requirements of performance. It is also intended to include all labor and
supervision, materials and supplies, equipment and tools, and transportation
necessary for the proper execution of the Work, and to require complete
performance of the Work in spite of omission of specific reference to any minor
component part and to include all items necessary for the proper execution and
completion of the Work by the Contractor. Performance by the Contractor shall
be required only to the extent consistent with the Agreement Documents and
reasonably inferring from them as being necessary to produce the intended results.
b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement
Documents constitute the entire agreement between the parties and supersede all
other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither
party has in any way relied, nor shall in any way rely, upon any oral or written
agreements, representations, warranties, statements, promises or understandings
not specifically set forth in the Agreement Documents.
c. Amendments. The parties may modify this Agreement at any time by written
agreement. Neither the Agreement Documents nor any term thereof may be
changed, waived, discharged or terminated orally, except by an instrument in
writing signed by the party against which enforcement of the change, waiver,
discharge or termination is sought.
d. Construing Terms. This Agreement shall not be construed against the party who
drafted the same, as both parties have obtained experts of their choosing to review
the legal and business adequacy of the same.
e. Federal and State Funding. If applicable, Contractor agrees to follow and provide
all such required documentation as provided in the Contract Documents.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees to engage the Contractor
and the Contractor hereby agrees to construct the Project in accordance with the
Agreement Documents.
4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design
Specifications and other Agreement Documents is that the Contractor furnishes all labor,
supplies and materials, tools and equipment, supervision and transportation necessary for
the proper execution of the Work unless specifically noted otherwise. The Contractor
shall do all the work described in the Agreement Documents and all incidental work
considered necessary to complete the Work and/or operation in a manner acceptable to
the City.
Any discrepancies found between the Design Specifications and site conditions, or
any errors or omissions in the Design Specifications, shall be immediately reported to the
City. The City shall promptly determine the validity and seriousness of the claimed
condition and correct any such error or omission in writing, or otherwise direct
Contractor. Any work done by the Contractor after his discovery of such discrepancies,
errors or omissions shall be done at the Contractor's risk.
Any correction of errors or omissions in the Design Specifications may be made by
the City when such correction is necessary for the proper fulfillment of their intention as
construed by City. Where said correction of errors or omissions, except as provided in
the next paragraph below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be negotiated between the parties and must
be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Design
Specifications, whether intentionally or otherwise, when the same are usually and
customarily required to complete fully such work as is specified herein, will not entitle
the Contractor to consideration in the matter of any claim for extra compensation, but the
said work must be performed and completed the same as if called for by the Agreement
Documents. All work, equipment, tools, supplies and material usual and necessary to
make the Work complete in all its parts, whether or not they are indicated or mentioned in
the Design Specifications, shall be furnished and executed the same as if they were called
for by the same. The Contractor will not be allowed to take advantage of any errors or
omissions in the Design Specifications. The City will provide full information when
errors or omissions are discovered.
In any conflict between the general terms of this Agreement, and the Design
Specifications, the provisions of the latter shall prevail.
5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the
attached "Bid Proposal Price Form consisting of the Contractor's specified prices. At
time of billing, the Contractor shall submit an invoice with the supporting documents that
all work is complete and accepted by the City and that payment shall be made within
thirty (30) days of receipt.
a. Claims. Claims arising from changes or revisions made by the Contractor at the
City's request shall be presented to the City before work starts on the changes or
revisions. If the Contractor deems that extra compensation is due for work not
covered herein, or in a Supplemental Agreement, the Contractor shall notify the
City in writing of its intention to make claim for extra compensation before work
begins on which the claim is based. If such notification is not given and the City
is not afforded by the Contractor a method acceptable to the City for keeping strict
account of actual cost, then the contractor hereby waives its request for such extra
compensation. The city is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional
work requested by the City until an appropriate agreement is executed by the
parties. Such notice by the Contractor and the fact that the city has kept account
of the costs as aforesaid shall not in any way be construed as proving the validity
of the claim.
b. Unit Price. The City reserves the right to increase or decrease the unit amounts at
any time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents
estimated quantities to complete the Work. If the City increases or reduces the
Work, the payments to the Contractor shall likewise be increased or reduced in
appropriate amounts based on the Unit Price.
6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using
Contractor's best skill and attention. Contractor shall be solely responsible for and have
control over workmanship, means, methods, techniques, procedures and for coordinating
all portions of the Work under this Contract, unless the Contract Documents give other
specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and
pay for labor, materials, supplies, equipment, tools, transportation, facilities and services
necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor must have proof of
ownership, or a signed lease for the duration of the Contract for equipment and tools
suitable and necessary for meeting the Work requirements of this Contract. The
Contractor shall keep on hand a sufficient supply of back -up equipment to ensure the
timely and continue fulfillment of this Agreement.
Unless otherwise provide in the Contract Documents, Contractor shall pay all sales,
use and other similar taxes.
Contractor currently holds and shall maintain at all times during the term of this
Contract all required federal, state and local licenses and permits necessary to perform the
Work required under the Contract Documents.
The Contractor shall arrange to minimize the obstruction of streets and right -of -ways
areas, and keep streets, sidewalks and driveways open for traffic whenever possible.
The Contractor shall block portions of streets, sidewalks and driveways only when
required by local authorities and ordinances and when deemed necessary to protect
persons and property.
The Contractor shall secure all permits and licenses required by law and ordinances,
pay all charges and fees, and give all notices necessary regarding the temporary
obstruction of streets, sidewalks and driveways.
7. PERSONNEL. The Contractor represents that it will secure at its own expense all
personnel and sub Contractors required for services which are necessary to complete the
Work described in this Agreement. All services under this Agreement shall be performed
by the Contractor or sub Contractor and all persons engaged in work under the
Agreement shall be qualified to perform such services and authorized under federal, state
and local laws to perform such services. Personnel who perform services under this
Agreement shall not be employees of the City.
All workmen must have sufficient knowledge, skill and experience to perform
properly the work assigned to them.
The Contractor shall at all times be responsible for the conduct and discipline of his
employees and/or any sub Contractor or persons employed by sub Contractors. All
personnel shall, at all times, present a neat appearance, and all Work shall be performed
and all complaints handled effectively and efficiently with due regard to City public
relations. The City and the Contractor shall be immediately notified by each other of any
complaints received.
8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement
may be suspended or terminated by the City with or without cause provided at least five
(5) days written notice of such termination shall be given to the Contractor. In the event
the City without cause abandons, terminates or suspends this Agreement for greater than
thirty (30) days, the Contractor shall be compensated for services rendered up to the time
of such termination.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done
by the Contractor shall be subject to the review, inspection and acceptance of the Project
Manager and City. Any and all technical questions which may arise as to the quality,
completeness and acceptability of work performed, or work to be performed,
interpretation of Design Specifications and all technical questions as to the acceptable
fulfillment of the Contract on the part of the Contractor shall be referred to the City
Manager who will resolve such questions.
All Work shall be subject at all times to inspection and review by the Project Manager
and the City. In addition, the inspection and review may also include and apply to the
tools and equipment used by the Contractor for the performance of Work.
Upon request or on his/her own initiative, the Project Manager will accompany the
Contractor to work areas to further clarify requirements. All Work described in this
Agreement shall be performed at the request of the City. The Contractor shall also
provide detailed weekly schedules as required by the Design Specifications.
The City shall not be responsible for the acts or omissions of the Contractor.
10. PROJECT SCHEDULES. The Contractor shall perform the services required by this
Agreement in a timely manner consistent with the assignment schedules as mutually
agreed upon by the City and the Contractor.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle
the Contractor to an extension in which to complete the Work as determined by the City
provided, however, the Contractor shall immediately give written notice to the City of the
cause of such delay. "Rain day" extensions shall be granted upon written request of the
Contractor to the City's Project Manager when said Project Manger determines that
weather conditions make it counterproductive to work on said days. "Rain Day" requests
must be submitted at the end of each work week or be waived, and the cumulative "rain
day" extensions granted shall be documented.
The City shall have the authority to suspend the Work wholly or in part, for such
periods as may be deemed necessary and for whatever cause, by serving written notice of
suspension to the Contractor. In the event that the Project Manager shall become aware
of any condition that may be cause for suspension of the Work, the Project Manager shall
immediately advise the City of such condition. The Contractor shall not suspend
operations under the provisions of this Paragraph without the City's permission. In the
event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the work was suspended; except
that the Contractor will not be granted an extension of time to complete the Work if the
suspension was caused by a fault of the Contractor.
11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise
precaution at all times for the protection of persons and property. The Contractor shall
strictly comply with all safety provisions of all applicable laws and ordinances and shall
be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor
Occupational Safety and Health Act and the laws of the state of Florida. The Contract
requires that the Contractor and any and all sub Contractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to
comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse
the City for any fines and/or court costs arising from penalties charged to the city for
violations of OSHA committed by the Contractor or any and all sub Contractors.
The Contractor agrees that it is his responsibility that all personnel working on or in
proximity of the roadway shall comply with and wear protective gear as described in the
Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal
Association (IMSA) work zone traffic control safety requirements and other approved
standards.
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury or loss to, all employees on
the Work and all other persons who may be affected thereby; all the tools and equipment
to be incorporated therein, whether in storage on or off the project site, under the care,
custody or control of the Contractor or any of his sub Contractors; and other property on
the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
structures and utilities.
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases,
Contractor shall notify the Project Manager and City of the emergency as soon as
practicable, but Contractor shall not wait for instruction before proceeding to properly
protect both life and property.
The City has the right to order the Contractor to discontinue hazardous work practices
upon verbal or written notice. It is required that the Contractor keep and maintain all the
necessary protective devices in place and in proper condition at all times where Work is
being performed to prevent injury to persons or damage to public or private property.
The Contractor shall be held fully responsible for such safety and protection until the
end of the Term and/or termination of this Contract.
12. CLEANING UP. The Contractor shall at all times keep the premises free from
accumulation of waste materials or rubbish caused by Contractor's employees or work.
The Contractor shall remove all debris and surplus materials as a result of his work
activities and shall leave the work areas clean and shall insure that all debris and other
unsightly objects are removed and disposed of in a satisfactory manner. It is the
Contractor's responsibility to remove all such surplus materials and debris from streets,
driveways and sidewalks as work progresses in order that the public will have adequate
use of the affected streets, sidewalks and driveways.
The Work will be considered complete only after all debris and surplus material due
to or connected with the work have been removed and the surrounding area left in a
condition satisfactory to the City. In the event the City finds that the Contractor has not
complied in keeping the job site clean, the City may, after twenty -four (24) hours written
notice to the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor,
sub Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale
lines, street signs, end walls, walks, utilities or City property shall be reported to the City
immediately by the Contractor. Damage to City property for which the Contractor is
responsible will either be repaired by the Contractor or repaired by the City and deducted
from the monthly sum due to the Contractor.
14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any
interest in this Agreement and shall not transfer any interest in the same without the prior
written consent of the City. Any sub Contractors or other work which is performed by
persons or firms other than the Contractor under this Agreement or any work orders shall
have prior written approval of the City Manager. Any subcontracts or outside associates
or contractors required by the Contractor in connection with services covered by this
Agreement must be specifically approved by the City Manager.
15. INDEMNIFICATION. For other and additional good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does
hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents,
officials, representatives and employees against any and all liability, loss, cost, damages,
expenses, claim or actions, or whatever type, including but not limited to attorney's fees
and suit costs, for trial and appeal which the City of Sebastian, its officers, officials,
agents, official representatives or employees or any other person(s) or business entity(ies)
who may hereafter sustain, incur or be required to pay, arising wholly or in part due to
any act or omission of Contractor, its agent(s), vendors, sub Contractor(s),
representatives, servants, or employees in the execution, performance or nonperformance
or failure to adequately perform Contractor's obligations pursuant to this contract.
16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and
no members of its governing body, and no other public official of the governing body of
the locality or localities in which services for the facilities are situated or carried out, who
exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of the services in this Agreement, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no
Federally appropriated funds have been paid or will be paid by or on behalf of the
Contractor to any person for influencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, an officer or employee of
Congress or any employee of a member of Congress in connection with the awarding of
any Federal contract, the making of any Federal Grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal contract, Grant, loan or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with any FDOT Joint Participation
Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure
Form to Report Lobbying" in accordance with its instructions.
18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest
and shall not acquire any interest, direct or indirect, which shall conflict in any manner or
degree with the performance of services required to be performed under this Agreement.
The Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed. The Contractor shall not undertake any
professional work which conflicts with his duties as the City's Contractor without the
prior written consent of the City during the term of this Agreement. Any work the
Contractor can reasonably anticipate that it may be called to testify as a witness against
the City in any litigation or administrative proceeding will constitute a conflict of interest
under this Agreement.
19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known
laws and regulations relating to providing services under this Agreement. The failure of
the Contractor to adhere to any known law or regulation pertaining to furnishing services
under this Agreement shall constitute a material breach of this Agreement.
20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under
this Agreement shall not constitute a waiver of any other obligation or duty of the
Contractor under this Agreement.
21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City
which is attached hereto, stating whether a person or affiliate as defined in Section
287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to
July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes.
22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Contractor to solicit or secure this Agreement and that he has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the Contractor any fee, commission, percentage, gift or any
other consideration contingent upon resulting from the award or making of this
Agreement. For the breach or violation of this paragraph, the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him
to perform the Work are in safe and proper operating condition and free of defects. Such
guarantee shall in no way limit or relieve the Contractor of liability from subsequent
claims or breach of contract due to substandard Work or workmanship.
Any Work which does not satisfactorily meet the Technical Specifications whether
the result of poor workmanship, use of defective tools and equipment, damaged through
carelessness or from other cause shall be corrected within ten (10) days after written
notice is given by the City. The fact that the City may have previously overlooked such
defective work shall not constitute an acceptance of any part of it. Should the Contractor
fail to correct rejected work promptly, the City shall impose Liquidated Damages.
24. NON PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of
the services to be performed under this Agreement, it is essential that the Work be
completed in a timely manner in accordance with the schedules approved by the City.
Non performance /deficiencies as identified by the City to the Contractor shall be
addressed in the following manner:
If the City identifies any Work Unit or portion thereof as service deficient, the City
shall notify the Contractor verbally or in writing as time permits. The Contractor shall be
required to correct such deficiencies within ten (10) days. If the deficiency has not been
corrected to the satisfaction of the City within the time frame provided, the City may have
the work performed by either its internal personnel or a third party and charge the cost
against payments due the Contractor. Repeated deficiencies may result in the termination
of this Agreement.
25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance
with the Agreement, the City shall hold all payments request for deficient Work. The
City will not pay the Contractor for unsatisfactory performance. If the City determines it
is necessary to accomplish the work with its own resources, or hire a third party to
perform work that was neglected or done poorly by the primary Contractor, the City may
charge back or deduct incurred costs from monies due to the primary Contractor.
The Contractor acknowledges that due to the nature of the Work under this
Agreement, time is of the essence. The Contractor also acknowledges the difficulties
involved in providing the actual losses suffered by the City should the scheduled work
not be completed on time.
Accordingly, the City may impose liquidated damages for deficiencies and delays of
one hundred dollars ($100) per day for each day that the project remain incomplete after
the scheduled completion date provided in Paragraph 1.
26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free
Workplace Form" which is in accordance with Florida Statute 287.089 and must be
signed.
27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Florida and venue for any action pursuant to Agreement Documents shall be in Indian
River County, Florida. The parties hereto expressly waive trial by jury in any action to
enforce or otherwise resolve any dispute arising hereunder.
28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the
limits as set forth below and maintain said insurance during the life of this agreement:
a. Workers' Compensation Contractor shall purchase workers' compensation
insurance as required by law.
b. Commercial General Liability Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered CONTRACTOR
In the presence of:
Name: By:
Print Name: Name:
Name: Title:
Print Name:
c. Commercial Auto Liability Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy
its obligations to protect the Work paid for by the City but not yet accepted. The
Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of
Construction as provided in the Contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTEST (SEAL): THE CITY OF SEBASTIAN
Sally A. Maio, MMC
City Clerk
Al Minner
City Manager
"SEBASTIAN FOOTBALL FIELD EXPANSION"
Bid Due: No Later Than 2:00 Y.M. on Monday, April 18, 2011
Bid Opening: Beginning at 2:00 P.M. on Monday April 18, 2011
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated
herein and having attended a Pre -Bid Conference Meeting, hereby proposes to perform everything
required to be performed in strict conformity with the requirements of these documents, meeting or
exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are)
inclusive of any Addenda which may have been issued prior to this submittal.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other
understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the
same purpose and that the bid is in all respects fair and without collusion or fraud. if awarded any work
under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive
calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein
with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days
following bid opening date.
The construction bid items for this project is listed on the following page to be completed and submitted
as part of the bid documents. The City has the right to award this project based on the total bid estimate
and other factors to be considered by the city.
NOTE: VENDOR WARRANTS TOTAL CONTRACT TIME SHALL NOT EXCEED 60 CONSECUTIVE
CALENDAR DAYS.
Total Golf Construction, Inc.
Name of Firm (Please Type or Print)
4045 43rd Avenue, Vero Beach, Florida 32960
Firm's Address:
(772) 56 1177 (772) 562 2773
Telephone
Bran
Name
Fax Number(s):
d Representative (Please Type or Print)
April 18, 2011
rized Representative Date Signed
P 1
Email Address (es):
Bfaulkner @totalgolfconstruction,com
City of Sebastian
North Football Field Expansion Page 2
Bid Items to be completed and submitted
FOOTBALL FIELD EXPANSION /IRRIGATION
SIDEWALK, DRIVEWAY, PARKING LOT
DRAINAGE AND SMALL LIGHT POLE RELOCATION
FOOTBALL FIELD SUBDRAIN SYSTEM
TWO NORTHERN LIGHT POLE RELOCATION
TOTAL PRICE
NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED 60
CONSECUTIVE CALENDAR DAYS.
P -2
72,259.45
48,085.81
10,134.24
28,800.00
159,279.50
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