HomeMy WebLinkAbout08242011 AgendaCm OF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 24, 2011 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FL OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE — Led by Council Member Gillmor
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous voted 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.
Pg 5 A. Proclamation — Sickle Cell Awareness Month — September 2011 - Accepted by
Yvette Coursey, CEO, Sickle Cell Foundation of Palm Beach County and
Treasure Coast, Inc.
B. 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 of City Council so requests; in which event, the item will be
removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she
should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
Pgs 6 -13 A. Approval of Minutes —August 10, 2011 Regular Meeting
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
Procedures for public hearings:
• Mayor opens hearing
• Attomey reads ordinance or resolution
• Staff presentation
• Mayor closes hearing
• Council action
Anyone wishing to speak is asked to raise their hand, when called, go to the podium and state his/her name for
the record.
Pgs 14 -17 A. Second Reading and Public Hearing of Ordinance No. 0 -11 -16 — Political Signs
Posting Time (City Attorney's Office, 0- 11 -16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ENLARGING THE TIME DURING WHICH POLITICAL SIGNS MAY BE POSTED, AMENDING
SUB - SECTION 54- 3- 16.5(e)(4)d OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (1s` Read 7/27/11, PJ 8/10/11)
10. UNFINISHED BUSINESS
Pgs 18 -23 A. Award and Establish for FY 2012:
1) Employee Group Health and Vision Insurance to Blue Cross/ Blue Shield of
Florida, 2) Life, Accidental Death and Dismemberment, Long Term Disability
Insurances to Florida Combined Life, 3) Employee Assistance Program (EAP)
Coverage to MHNet and 4) Establish an HRA Account in the Amount of $123,750
to be Paid by the Respective Fund (Administrative Services Department
Transmittal, Evaluations)
Pg 24 B. Billboard (City Manager Transmittal)
11. PUBLIC INPUT
(see procedures on back of agenda)
12. NEW BUSINESS
Pgs 25-26 A. Award Workers Compensation and Property, Liability and Casualty Insurance to
Florida League of Cities for One Year Term (Administrative Services Department
Transmittal, Tabulation of Proposals)
Pgs 27 -50 B. Resolution No. R -11 -16 — FY 10 -11 - Third Quarter Budget Amendment
(Administrative Services Department Transmittal, R- 11 -16, Comparison of Actual
to Budget, Capital Projects Status Report, Schedule of Investments,
Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING
AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING
SEPTEMBER 30, 2011 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Pgs 51 -124 C. Award Design /Build Contract to AFCO Contractors in the Amount of $52,371.92
for Sebastian Municipal Wind Turbines (Community Development Director
Transmittal, Bid, Results, FDOT Approval, Picture, Agreement)
D. Prepare for September 28th Indian River Legislative Delegation Meeting
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
A. Announcement — City Council Candidate Qualifying August 25, 2011 —
September 9, 2011
16. CITY COUNCIL MATTERS
A.
Vice Mayor Wright
B.
Council Member Coy
C.
Council Member Gillmor
D.
Council Member Wolff
E.
Mayor Hill
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)
All City Council meetings are aired live on Comcast Channel 25 and streamed live on the City website
www.citvofsebastian.org
Hearing assistance headphones are available in the Council Chambers for all government meetings.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (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:
Wednesday, September 14 — 6:30 pm — Reg. Meeting
Monday, September 19 — 5:30 pm - 1 sr Millage /Budget & CIP
Wednesday, September 28 — 5:30 pm — CRA Meeting - Budget
Wednesday, September 28 — 6:30 pm — Final Millage /Budget Hearing
Wednesday, October 12 — 6:30 pm — Reg. Meeting
Wednesday, October 26 — 6:30 pm — Reg. Meeting
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
✓ 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 agendas 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 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 for individuals to
bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of material for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
CITY OF
SE��!AN
HOME OF PELICAN ISLAND
r s It
National Sickle Cell Awareness Month
September eon
WHEREAS, sickle cell anemia is a blood disorder that causes shortages of
oxygen to organs and tissues leading to episodes of severe pain and organ damage; and
WHEREAS, in the United States it is estimated that over 70,000 people have the
disease, and about 1,000 babies are born Arith the disease each year; and
WHEREAS, the Sickle Cell Foundation of Palm Beach and the Treasure Coast
was incorporated in 198o, marking over 30 years of service to the community; and
WHEREAS, citizens seeking a screening test, counseling, or education materials
on sickle cell anemia or the sickle cell trait may contact the Foundation at (561) 833-3113
or www.sicklecellpalmbeach.org; and
NOW THEREFORE, I, Jim Hill, Mayor of the City of Sebastian do hereby
proclaim the month of September 2011, as
"National Sickle Cell Awareness Month"
and urge our citizens to join in support of the Sickle Cell Foundation's mission by
participating in upcoming walkathons, health fairs and conferences scheduled during
the month of September. More information on these events may be obtained from their
website.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Sebastian, Florida, to be affixed this 24th day of August, 2011.
Jim Hill, Mayor
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Lin Of
SEBN:o 1V
HOME OF PELICAN ISLAND
D9AOSEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 10, 2011 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3
2
A
A
Mayor Hill called the Regular Meeting to order at 6:30 p.m.
Invocation was given by Pastor Seth Goldsmith, Community Christian Church.
Council Member Coy led the Pledge of Allegiance.
ROLL CALL
City Council Present:
Mayor Jim Hill
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
Deputy City Clerk, Jeanette Williams
Community Development Director, Joseph Griffin
Administrative Services Director, Debra Krueger
Finance Director, Ken Killgore
Building Director, Wayne Eseltine
Chief of Police, Michelle Morris
Deputy Police Chief, Greg Witt
MIS Senior Systems Analyst, Barbara Brooke -Reese
Absent:
City Clerk, Sally Maio (excused)
AGENDA MODIFICATIONS
Modifications and additions require unanimous voted of City Council Members
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.
A. Certificates to Stephan Cafasso and Jason Heilfurth for Lifesaving Efforts
Mayor Hill called Stephan Cafasso to the podium. Mr. Heilfurth could not be present. Todd
McIntyre also accompanied Mr. Cafasso to the podium. Mayor Hill described efforts to
save the life of a woman who was in a submerged vehicle at the Yacht Club boat ramp as
a result of an accident. Police Chief Morris then presented a Commendation Certificate to
Mr. Cafasso and Mr. Heilfurth's will be provided to him. 6 of 124
Regular City Council Meeting
August 10, 2011
Page Two
B. Certificates of Appreciation to Charter Review Committee Members
Mayor Hill presented Certificates of Appreciation to the following members of the
Charter Review Committee: Bob Daberkow, John Danise, Linda DeSanctis, Jeanne
Hill, Louise Kautenburg, Chair, Janet Kennedy, Mary McGee, Bob McPartlan, and
Bob Zomok, Vice Chair. Members Adrina Davis, Ed Dodd, Dan Dragonetti, Carolyn
Sartain- Anderson and Ruth Sullivan were not able to be present.
U. C. Proclamation — Patriot Day, September 11, 2011
Mayor Hill read the proclamation and invited everyone to attend the 9 -11 observation
at the Veterans Memorial in Riverview Park on September 11, 2011 at 1 pm, where
the proclamation will be read again and presented to veterans' groups.
Brief Announcements
Mr. Gillmor said he had attended the MPO meeting earlier in the day and to put folks'
minds at ease, they voted to pursue passenger train service on the east coast.
7. CONSENT AGENDA
A. Approval of Minutes — July 27, 2011 Regular Meeting
MOTION by Mr. Gillmor and SECOND by Mr. Wolff to approve the July 27, 2011
Minutes passed with a voice vote of 5 -0.
8. COMMITTEE REPORTS & APPOINTMENTS — none.
9. PUBLIC HEARINGS — none
10. UNFINISHED BUSINESS
A. Update — FY12 Employee Health Care Program (Administrative Services
Transmittal)
The City Manager said the Gehring Group would give an update about a different kind of
employee program, noting Council would be asked to approve a Health Reimbursement
Account (HRA) to go along with the plan.
Christian Bergstrom, the Gehring Group, passed out information regarding the proposed
high deductible program (see handout attached).
In response to Mr. Gillmor, Mr. Bergstrom said preventative care is covered but not subject
to the deductible.
Mr. Wright noted discrepancies between Mr. Bergstrom's handout and the agenda packet.
The City Manager said the preliminary data was based on a higher number of employees.
Mr. Wolff asked what the administrative cost of the debit program would be and Mr.
Bergstrom said the debit card will be about $5.00.
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Regular City Council Meeting
August 10, 2011
Page Three
Public Input
Damien Gilliams, 1623 US Highway 1, said when employee numbers drop, the premium
should drop, that the $750 debit card will be eaten up in no time, the City should have
gone out to bid, insurance companies are looking to save on the backs of employees, and
U1. this will curtail doctor visits.
Frank Balata, South Easy Street, asked if there was a way that the City can hitch hike with
ye other municipalities to give us more buying power.
&MtZ'A
The City Manager said there are doctortfacilities issues when networking with other
organizations and they are not willing to blend employees. He said the market is limited,
the workforce has declined, and the higher premiums have not gone away for any
organizations.
B. Update - Presidential Streets Project (City Manager Transmittal Plans)
The City Manager said that identified CRA priorities included adding ambience,
reconstructing the presidential streets, and developing more parking where we can.
Frank Watanabe, P.E., Neel- Schaffer, said they began looking at Washington, Cleveland,
and Martin by studying as much data as possible, completed field review, did geotechnical
work, created engineer drawings from conceptual plans, took core samples, and tried to
save as many existing oak trees and utilities as possible. He said it will tie in better with
the surrounding properties including US1 improvements; and add drainage, benches, and
sidewalks.
Jim Turner, corner of Martin Avenue and Indian River Drive, asked what will happen to
Martin Avenue. The City Manager said because it is residential, the base will be repaired
and resurfaced.
Mr. Watanabe cited the cost numbers and anticipated St. Johns River Water Management
District approval once we show water conveyance and best maintenance practices.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to go forward with this project.
Result of the roll call:
AYES: All
NAYS: None
Passed 5 -0.
C. Update - US Highway 1 Proiect (City Manager Transmittal Plans FDOT
Correspondence)
The City Manager said it had been decided to give US 1 a more welcoming ambience and
improve parking, and because CRA revenues are dwindling, the project is based on DST
funds. He said FDOT has indicated they would consider a speed limit reduction if it was
done in conjunction with another project.
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Regular City Council Meeting
August 10, 2011
Page Four
Mr. Wolff pointed out that it was a rare opportunity to have a chance to use CRA funds for
street improvements and asked why the switch to DST funds. The City Manager cited
CRA projects, noting he didn't want to delay the Cavcorp project.
In response to Mr. Wright, Geoffrey Barkett, Schulke, Bittle and Stoddard, said only
existing islands will remain and the City Manager responded about $5 -6,000 for concrete
and dirt but we didn't have a good plan to get irrigation to new islands. Mayor Hill
=� reminded Council that this new design is the alternative to the previous decision not to go
with new islands at $20,000 each.
Mr. Wright referenced the recent accidents in front of the Beyond Useless Boutique and
asked if anything else could be done to protect parking in front of Mrs. Robinson's shop.
Mr. Barkett said he couldn't fully answer that, stating downtown Sebastian is under old
FDOT rules, new projects are much more exaggerated so FDOT probably wouldn't allow
the replanting of existing trees because of line of site issues; and he wasn't sure how to
make it safer.
Mr. Wright displayed a picture of a flat hedge at Truman Street and asked what if the
stamped concrete was put in the medians. The City Manager said that is an option but
since we have a permitted project, we should bid, and move forward. He said he had a
packet of information for FDOT Director of Operations, Carolyn Gish, who will meet with
him and Mrs. Robinson to take a look at what is happening. He offered to stop the project
but noted we are trying to create ambience on a road that we don't have control over.
Mr. Wright said the concept of a curb with a low hedge would accomplish safety and not
cost a fortune or interfere with the line of sight.
Public Input
Damien Gilliams said Council needs to refresh their memories on how this started,
because Mrs. Robinson wants to reduce traffic through the community, and it was funny
that she is having all of the accidents.
Mayor Hill said Council was going forward with the project based on the best interest of
the CRA and he would not allow Mr. Gilliams to single out a citizen.
Mr. Gilliams cited FDOT correspondence stating the posted speed limit is realistic but they
are willing to lower speed limit in the downtown area which is unrealistic. He said Mrs.
Robinson will get want she wants, noting she was on Council when the City Manager was
hired.
Mayor Hill warned him again not to single out a resident. Mr. Gilliams said the records
show this is a political favor and Ms. Coy called a point of order. Mr. Gilliams said the
March 29th FDOT letter stated a study was done.
Mayor Hill said the speed limit is set by FDOT and they sent a letter stating they would do
another study once the stamped asphalt is done. Ms. Coy cited the letter and said she
believed there are other traffic calming devices that could assist with safety of that
particular area and she didn't even want to park on US1.
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Regular City Council Meeting
August 10, 2011
Page Five
Mayor Hill said they are going through an entire revitalization of the riverfront district and
the issue brought up by Mr. Wright is being worked on by FDOT and then called for the
question.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to move staffs approval.
Result of the roll call:
AYES: All
NAYS: None
Passed 5 -0.
11, PUBLIC INPUT
Joe Coakley, By the River, Inc. described the facility that houses seniors economically for
the rest of their lives so they age in place and die with dignity. He encouraged everyone to
come to their Nov. 19th Up the River with a Paddle fundraiser.
Greg Hepler, 1291 Barber Street, asked if the public could give a rebuttal under new
a business on a CIP item, was anyone doing anything about mosquito control, and noted
fir`$ that as a volunteer P & Z Commissioner, people �i. , p p approach him about their encounters with
the Community Development Department where they sense aggravation when they come
in to improve or start a new business and asked if anything could be done.
He also said there have been instances where projects come before the P & Z that have
already been approved and he did not feel it was fair to the members, who are volunteers,
taking time out of their lives to read and study issues that have already been approved. He
said he was told that his yard would be left as it was after the quarter round was installed,
but it is at such a vertical incline, he can't mow his yard.
Mayor Hill suggested he contact staff about his swale. Mr. Hepler said he brought up the
quarter round issue at a previous meeting, understands that Council sets policies and they
are the ones he should be addressing.
Jim Sunnycalb said the dog park anniversary celebration was extremely successful and
positive, bringing in new visitors along with many existing dog owners, and hoped one
day the park would be the best in the United States.
Damien Gilliams, 1623 US Hwy 1, said the pavilion could go to the dog park; thanked
the PD for its Citizens' Academy, cited a call from a local business owner who visited the
Chamber of Commerce to inquire about need for a business' permit for Light Up Your
Grill Night and the Chamber asked if Damien and Joe sent her. He noted that at one
time his business was shut down because he did not have a temporary use permit and
asked why we aren't all playing by the same rules by operating without temporary use
permits or food safety permits. He suggested Council make Mr. Bergstrom earn his
commission and provide other health plans to look at; and recommended we allow golf
carts on US 1 to calm traffic.
He asked the Mayor to treat everyone equally, not to fear a debate and he hoped to see
more people look the Mayor in the eye.
Mayor Hill called for a break at 8:17 p.m. and reconvened the meeting at 8:27 p.m. All
members were present.
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Regular City Council Meeting
August 10, 2011
Page Six
12. NEW BUSINESS
A. Update — FY12 Capital Improvements Program
The City Manager said this is the normal trek into capital improvement projects, said the
Recreation Committee, and Planning and Zoning Commission have reviewed this and the
Budget Advisory Board will review it next week so it is a living document that is by no
means finalized. He handed out the GFO formatted sheets, gave a PowerPoint
presentation on the proposed improvements (see attached), and requested feedback.
Greg Hepler, 1291 Barber Street, said the first time he came up to the podium he wanted
to ask questions, and felt as a taxpayer /business owner he had the right to talk to Council,
not be belittled or have the buck passed to someone else. He said he sits on P & Z as a
volunteer going over plans' improvements and budgets and asked for due diligence in
spending $500,000 on a piece of plastic (1/4 round) in the ground that comes out to $3M
{ - over six years when there are other things that need more improvement. He said there
are good things in the budget, but Council should give people a chance to talk, noting
there are people who want to approach Council but are afraid to. Mr. Gillmor called for a
point of order. Mr. Hepler said a little decency could go a long way.
Damien Gilliams, 1623 US Hwy 1, said the City Manager did a good job with all the funds
but there is an opportunity to double up on SBA funding using CRA money and he didn't
see any proposal in the CIP, expanding businesses would create jobs, people would pay
mortgages and we could get the tax revenue. He asked that the City Manager to figure
out how to get something from the SBA.
Mr. Gilliams said we should stop subsidizing special events, they have enough money to
pay their own advertising and security, he said if we help the businesses, people won't
come down frustrated and upset noting what is happening in London.
Ms. Coy commented that there is a need for a senior /youth center and suggested a
workshop to come up with ideas as a group. She said if they are going to exclude it from
the CIP, they should recognize that as well. Mayor Hill said the School Board is willing to
meet which could be part of the discussion. Mr. Gillmor agreed and suggested getting
ideas from other cities at the FLC conference.
Mr. Wright said the CIP is close to where it needs to be, but in the out years, there are
aggressive projects and Council needs to consider where the funding will come from.
Mayor Hill said even within the next 12 months, each project needs to come to Council to
get approved.
Mr. Wolff said Parks and Recreation is sitting on a lot of money and the amount for the ball
field is alarming; $26,000 for the green trail signs; and hoped projects could be visited plan
by plan. He pointed out the money isn't coming back, so it would be good to figure out
what kind of senior /youth center is needed before we go through all the money. He said
the City Manager's description of how he plans to fund the Go -Line request proves it is
difficult to find $50,000.
The City Manager explained we will have to change the way we do business, 75% of our
budget is for personnel, and we have the special revenues, keeping the tax burden low but
those days are coming to a close. He said he started the union negotiations with the
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Regular City Council Meeting
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Page Seven
primary goal of paying employees fairly but that bar is dropping, so to provide a fair
compensation package, we find cuts and in the long term that will have to be mixed with
some sort of reasonable tax increase to lower the transfers of capital money. He said
when the general fund begins to work more independently, finding $50,000 will be easier.
The City Manager said Council sounded happy with the plan but he would like to add the
recreation issue and median improvements for CR512 to match the improvements on
US1. He said this would come back to them on September 19tH
B. First Reading Ordinance No. 0 -11 -17 — Fire Arms Regulation — Set Public Hearing
for Sept. 7, 2011 (City Attorney Transmittal, 0 -11 -17 Applicable State Laws
Newspaper Article, Magazine Article)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
DELETING REFERENCES TO DISCHARGING FIREARMS, AMENDING SECTIONS 18 -1 AND
70 -3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0 -11 -17 by title, and explained these amendments
are necessary to comply with new State legislation. He said in section 18 -1 only one word
�-�� needed to be eliminated and the change in section 70 -3 is an extra surplus provision. He
Ll noted the last page of the backup was included in error and he had the state statutes
available for their review.
The City Attorney agreed with Mayor Hill that the word "or" should be taken out of Section
18 -1 and mentioned the public hearing would take place on September 14th rather than the
7th
MOTION by Mr. Gillmor and SECOND by (inaudible) to approve 0 -11 -17 on first
reading.
Result of the roll call:
AYES: All
NAYS: None
Passed 5 -0.
13. CITY ATTORNEY MATTERS — none
14. CITY MANAGER MATTERS
The City Manager wished the City Clerk and her family well.
15. CITY CLERK MATTERS — none
16. CITY COUNCIL MATTERS
A. Mayor Hill — none.
B. Vice Mayor Wright said there are funds available to fix things that are broken in
the City; even in these tough economic times they are able to fix most of them,
and he wanted to compliment the City Manager because this is a result of good
financial planning.
C. Council Member Coy asked if Council agreed to a senior /youth workshop. The
City Manager said they should have a workshop after the budget process to have
an opportunity to talk to the school board and private enterprises.
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Regular City Council Meeting
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Page Eight
D. Council Member Gillmor suggested each of them come up with plan or
9
A,, program of what they'd like to see for the senior /youth center so they we can
.. put through those on table.
E. Council Member Wolff —none.
17. Being no further business, Mayor Hill adjourned the regular meeting at 9:20 p.m.
Approved at the August 24, 2011 Regular City Council meeting.
Jim Hill, Mayor
ATTEST.
Sally A. Maio, MMC — City Clerk
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an or
5, 9 AS TA
HOME Of PEUCAN HAND
CITY OF SEBASTIAN
Subject: Second Reading, Public Hearing
Agenda No. V 1.0:5L{
and Adoption of Ordinance No. 0 -11 -16 —
Political Signs
Department Ori City Attorney
City Attorney:
Submittal by: City Manager
City Clerk:
9r
For Agenda of: 8/24/11
/7�or
Exhibits: 0 -11 -16
SUMMARY
On July 27, 2011, City Council approved the attached proposed ordinance on
first reading.
RECOMMENDED ACTION
Hold public hearing. At Council's discretion, move to enact Ordinance No. 0- 11 -16.
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ORDINANCE NO. 0 -11 -16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ENLARGING THE TIME DURING WHICH
POLITICAL SIGNS MAY BE POSTED, AMENDING SUB - SECTION 54-
3 -16.5 (e) (4) d. OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Sebastian ( "Sebastian ") was founded as a small
fishing village on the Indian River Lagoon in 1924, and
WHEREAS, Sebastian has spent a great deal of its time, effort and
financial resources in fostering and maintaining its unique "working waterfront"
heritage and small town village ambiance, and
WHEREAS, the Sebastian City Council ( "the Council ") recognizes that
political signs are important components of election campaigns, and
WHEREAS, the Council finds that:
.once posted, political signs are rarely, if ever, repaired, replaced or
maintained.
.political signs are subject to harsh weather conditions, and they
quickly fade, break apart and become damaged.
*political signs can become dangerous projectiles during hurricanes
and other tropical weather events.
.candidates and campaigns do not respond to requests to remove
or secure their political signs as hurricanes and other tropical weather systems
approach the city, and
WHEREAS, political signs involve both public health and safety issues as
well as aesthetic concerns, and
WHEREAS, the Council wishes to provide an appropriate balance between
the use of political signs by candidates and campaigns and ameliorate the public
health, safety and aesthetic issues cause by their use,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Subsection 54 -3 -16.5 (e) (4) d. of the Land
Development Code of the City of Sebastian, Florida, is hereby amended as
follows:
15 of 124
Subsection 54 -3 -16.5
(e) Temporary signs:
(4) Political signs.
d. Posting time limits. It shall be unlawful for any person to post a political
sign more than 30 75 days prior to the election in which the candidate's name or
the issue will appear, and it shall be unlawful to fail to remove a political sign
within five days after the election in which the candidate is eliminated or elected or
the issue is approve or disapproved.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall determine that any part of this Ordinance is invalid, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Richard H. Gillmor
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of 2011.
CITY OF SEBASTIAN, FLORIDA
0
Mayor Jim Hill
16 of 124
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed
amendment; remaining provisions continue in effect.
17 of 124
C" Of
F8T
77� R:
HOME OF PELICAN ISLAND
AGENDA TRANWITTAT
Subject: Employee Group Health, Life
Agenda No. J (, j p
and Long Term Disability, Vision and
EAP Coverage for FY 2012
Department Origin: Ad inistrative
Services: Q
A prov r Submittal by:
City Clerk:
City Attorney:
r, City Manager
Date Submitted: August 17, 2011
For Agenda of. August 24, 2011
Exhibits: Health Insurance Renewal Evaluation
Vision Insurance Evaluation
Life /AD &D and Long Term Disability Renewal Evaluation
Employee Assistance Program
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED: N/A
N/A
REQUIRED: N/A
SUMMARY
On August 10, 2011, Christian Bergstrom, Director of Analytical Services for the Gehring Group
provided the group health insurance recommendation and the mechanics of the transition to a Blue
Cross Blue Shield High Deductible Health Plan with a Health Reimbursement Account (HRA).
As you will recall when Mr. Bergstrom presented at the April 27 and August 10, 2011 Council
Meetings, he reviewed the excessive claims we've experienced, and it was his recommendation to
not pursue request for proposals this year.
Asa review from the August 10, 2011 Council Meeting, following are the changes that will occur if
this proposed high deductible plan is approved:
✓ Single / Family Deductible - will increase by $1,000 / $1,500 and become $1,500 / $3,000.
✓ Single / Family Out of Pocket Maximum - will increase by $1,000 / $2,000 and become
$3,000 / $6,000.
✓ Co -pays for all services will be eliminated and instead the employee will be responsible for
the entire discounted cost of the service, up to the deductible amount then 10% thereafter to
the annual maximum.
✓ To offset the high deductible costs for employees, a recommendation was made to create
Health Reimbursement Accounts (HRA). HRA will fund employees with $750 annually
(employee only) and $1,500 annually (employees with dependents) to augment plan changes.
The total cost of establishing HRA is $123,750.
✓ Employees will have the option to contribute funds into a Flexible Spending Account to
receive tax advantages.
✓ Transfer vision plan from Humana to Blue Cross Blue Shield, yielding a annual je*1'4
$3,434.40, with a 24 month rate guarantee period.
On August 9, 2011, the City presented an Employee Workshop on the proposed medical plan. At the
workshop, Al Minner introduced the plan and reviewed the financial impact to the employees, and
was followed up by Blue Cross Blue Shield who reviewed the changes in the plan as well as
answered additional questions, and the Gehring Group who reviewed the mechanics of the HRA.
Overall 58 employees were in attendance.
Additionally per the attached renewal evaluations, we are requesting the Life / AD &D, Long Term
Disability, and Employee Assistance Programs be renewed with their current providers at no increase
in premiums for one year. As a reminder, we did request for proposals for all the group employee
health insurances for Fiscal Year 2011.
Our experiences with Blue Cross /Blue Shield, Florida Combined Life and MH Net continue to be
positive, and there are many physicians participating in these plans within the area.
The Gehring Group will be presenting this item, and along with City staff, is available to answer any
questions.
RECOMMENDED ACTION
Move to award/establish for Fiscal Year 2012:
(1) Employee Group Health and Vision Insurances, to Blue Cross /Blue Shield of Florida;
(2) Life, Accidental Death and Dismemberment, Long Term Disability Insurances to Florida
Combined Life;
(3) Employee Assistance Program (EAP) to MHNet;
(4) Establish an HRA account in the amount of $123,750, to be paid by the respective fund.
19 of 124
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N
City of Sebastian
Vision Renewal Evaluation
Effective Date: October 1, 2011
GEIIRING ,AGROUP
CURRENT
Akernative #1
SCHEDULE OF BENEP17S
Hjrr,3na
..O
In Network Non Network
In Network Son Network
Exam Copay
$10
$10
Materials Copay
$15
$25
Frecwency
Exam Copay
12 months
12 months
Lenses
12 months
12 months
Frames
24 months
24 months
Benefits Payable
Copay Reimbursement
Copay Reimbursement
Eye Exam
$10 $35
$10 $30
Single Lenses
$15 $20
$25 $25
Bifocal Lenses
$15 $40
$25 $35
Trifocal Lenses
$15 ; $60
$25 ; $45
Lenticular Lenses
$15 $100
$25 $60
Lenses and Frames
Reimbursement Reimbursement
Reimbursement Reimbursement
Contact Lenses (Elective)
$100 $100
$100 $75
Contact Lenses
Paid in Full $150
Paid in Full $225
(Medically Necessary)
Frames
$15 Copay $30
$25 Copay $30
Rate Guarantee
Expires 06/30/10
24 Months
Employee 52
$4.59
$4.24
Family 67
$16.69
$12.69
Monthly Premium
$1,356.91
$1,070.71
Annual Premium
$16,282.92
$12,848.52
$ Increase
N/A
- $3,434.40
Increase
N/A
- 21.151 of 124
GEIIRINC; .jGROUP
City of Sebastian
Life /AD &D and Long Term Disability Renewal Evaluation
Effective: October 1, 2011
22 of 124
(Current)
(Renewal)
LIFE AND AD&D
BlueCross - -.
Basic Life Rate / $1,000
$0.26
$0.26
AD &D Rate / $1,000
$0.03
$0.03
Total Life and AD &D Rate
$0.29
$0.29
Estimated Volume
$1,300,500.00
$1,300,500.00
Total Monthly Premium
$377.15
$377.15
Total Annual Premium
$4,525.74
$4,525.74
$ Increase
N/A
$0.00
% Increase
N/A
0.00%
LONG-TERM •:
BlueCross ,
Long Term Disability Rate / $100
$0.54
$0.54
Estimated Volume
$508,049.00
$508,049.00
Total Monthly Premium
$2,743.46
$2,743.46
Total Annual Premium
$32,921.58
$32,921.58
$ Increase
$0.00
$0.00
% Increase
0.00%
0.00%
TOTAL LIFE AND LTD PREMIUM
$37,447.32
$37,447.32
$ INCREASE
N/A
$0.00
% INCREASE
N/A
0.00%
22 of 124
City of Sebastian
Employee Assistance Program
Effective Date: October 1, 2011
GEIIRING, ,jGROUP
0
(Current)
(Renewal)
7Numberions per EE /Dependent
Up to 6 per year
Up to 6 per year
Workplace Posititve Drug Testing: Describe in
Consultation & policy development, drug
Consultation & policy development, drug
detail cost /session,
free workplace training, drup refferal, and
free workplace training, drup refferal, and
follow -up and monitoring
case management
case management
Locations - List All
Nationwide Network
Nationwide Network
Manager &Supervisor Training
Up to 4 hours per year;
Up to 4 hours per year;
Addition time $100 /hr
Addition time $100 /hr
Brochures & Workplace Posters
Included
Included
Frequency of Comprehensive Reporting
Quarterly & Annual
Quarterly & Annual
Initial Orientation Sessions
None
None
Employee Seminars
4 hours per year on topics selected by City;
4 hours per year on topics selected by City;
Additional time $100 /hr
Additional time $100 /hr
Critical Incident Debriefing
Unlimited 1 staff hour on site per incident;
Unlimited 1 staff hour on site per incident;
Addional time $100 /hr
Addional time $100 /hr
Newsletters
Quarterly
Quarterly
Legal /Financial Services
Unlimited consultation on
Unlimited consultation on
separate issues
separate issues
Per Employee Rate
$1.920
$1.920
Monthly Premium
$226.56
$226.56
Annual Premium
$2,718.72
$2,718.72
$ Increase
N/A
$0.00
% Increase
N/A
0.00%
23 of 124
area
ISN
NOME of PELICAN HAND
AGENDA TRANSMITTAL
Subject:
Agenda No. / / . / I (
Billboard Renewal
Department Origin: City Manaaer
Administrative Srvc:
Ap ov or Submittal by:
City Attorney:
City Clerk:
Date Submitted: 18 AUG 11
Al M' ner, City Manager
Council Date: 24 AUG 11
Exhibits: SBS Plans, FDOT Correspondence
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$15,000
$0
$15,000 — FY 12 CRA
SUMMARY
The Billboard Contract will be expiring at the end of August. Staff seeks direction as to whether
the contract should be renewed. At least one Council member has requested that the item be
discussed.
24 of 124
arY Or
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Contract for Property, Liability and
Agenda No.
Casualty and Workers' Compensation
Insurance Programs for FY 2012
De artment gin: Administrative Services:
ttal by: City Manager
AZ
Finance D' ecto412-1
City Attorney:
*e,
City Clerk:
Date Submitted: August 15, 2011
nager
For Agenda of: August 24, 2011
Exhibits: Exhibit A - Tabulation of Proposals
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
NIA
Included in 2011 -2012 Proposed
N/A
Annual Budget
SUMMARY
The Workers' Compensation and Property, Liability and Casualty Insurance contracts for the City will expire on
September 30, 2011. In accordance with the City's purchasing procedures, a notice of invitation— Request for
Proposal (RFP) was advertised and over ten (10) bid packages were requested and distributed to insurance
companies. Two (2) proposals were received and opened on August 9, 2011 at 2:00 pm. The two (2) proposals
received were from Florida League of Cities (FLC) (current provider) and Wells Fargo Insurance Services USA.
The Administrative Services Department reviewed the proposals, and the summary of findings is attached for
your review as Exhibit A. Although both firms are qualified, FLC submitted a total proposal that was $ 50,198
less than Wells Farga
FLC continues to provide outstanding customer service. The insurance program offered through the Florida
Leagueof Cities and the Florida Municipal Insurance Trust (FMIT) offers several significant advantages in both
coverage and services in the present insurance marketplace. Following are some of the additional services
provided by FLC:
✓
Return of Premium— FMIT for the past 4 yearshas issued return of premium checks. The upcoming
return of premium is $31,303.00.
✓ 50% Reimbursement for Property Appraisal completed this year.
✓ Asset Tracking Software— This proprietary software allows the City to properly list and prioritize assets.
We are able to manage and track our assets more efficiently at no additional cost to the City.
✓ Safety Grants— The City is eligible for up to $5,000 per year in matching Safety grants.
✓ Safety Services— FLC offers online safety training at no cost to the City.
✓ HR Helpline— Offers full online suite of HR support coupled with live support from a Florida based HR
legal team at no cost to the City.
FLC has taken a firm stand against fraudulent claims and has been successful settling difficult claims. On
difficult claims, a nurse case manager is assigned to attend doctor's visits with the injured worker to ensure
proper care is given with the focus on retuning the employee back to work.
RECOMMENDED ACTION
Move to award the Workers' Compensation and Property, Liability and Casualty Insurance to Florida League of
Cities for one (1) year term. 25 of 124
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SE]BASTI►N
HWA O `rUXM MAND
ulty oz beuastian, r-ionua
Subject: Resolution Adopting Amendments to the Agenda No. (1.04(2-
Fiscal Year 2010 -11 Budget.
N
4A1' $n, Submittal by:
ty Manager
Department Origin:
Administrative Services:
City Attorney:
City Clerk:
i
Date Submitted: August 17, 2011
For Agenda of: Auizust 24, 2011
Exhibits:
• Resolution No. R -11 -16
• 3rd Quarter Comparison of Actual to Budget
• Capital Project Status Reports as of June 30, 2011
• Schedule of Investments as of June 30, 2011
• 3`d Quarter Accomplishments
SUMMARY
Pursuant to City financial policies, budget reviews and adjustments are presented to the City Council
quarterly. Capital project status reports, investment reports and accomplishments are also included.
This report was reviewed by the Budget Committee on August 17, 2011.
There are no changes to the General Fund budget which require budget amendment approval by the City
Council. In accordance with the Annual Budget Resolution, the City Manager may approve budget
transfers within a Department and make adjustments necessary to "implement programs, projects and
expenditures authorized by the City Council ". Accordingly, the City Manager approved minor
adjustments between expenditures by General Fund Departments but did not modify the total
expenditures budget during this quarter. For the Discretionary Sales Tax Fund, budget adjustments were
made following City Council actions on July 27'h to spend $60,000 for a new phone system, on April
13'h and May I l th for a net change of ($72,399) in funding between the Middle Stonecrop and Potomac
Road Crossing projects and on May 251h to provide $9,195 in additional funding for the Highway 512
Corridor project. For the Recreation Impact Fee Fund, budget adjustments were made to do a $63,000
project at the Easy Street Park that was approved by City Council May 25'h. City Council also approved
on May I Ph an increase for the Barber Street football field expansion project by $48,660. In addition a
budget adjustment was made to close the Skate Park Office project with a reduction of $2,456.
The effect of all the above amounts on the budgets for all the City's Funds are identified in Exhibit "A"
attached to the Resolution.
RECOMMENDED ACTION
Move to approve R- 11 -16.
27 of 124
RESOLUTION NO. R -11 -16
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2010 AND ENDING SEPTEMBER 30, 2011 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian adopted Resolution No. R -10 -31 on September 22, 2010 approving the
City's 2010 -11 budget, also referred to as the Annual Budget Resolution; and
WHEREAS, the City of Sebastian adopted Resolution No. R -11 -07 on March 23, 2011 regarding revenues
and expenditures for the three (3) months ended December 31, 2010; and
WHEREAS, the City of Sebastian adopted Resolution No. R -11 -13 on May 25, 2011 regarding revenues
and expenditures for the three (3) months ended March 31, 2011; and
WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended June 30, 2011
has indicated that adjustments are necessary; and
WHEREAS, the City Council and City Manager have previous approved these adjustments in accordance
with the Annual Budget Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year
beginning October 1, 2010 and ending September 30, 2011 be amended, a copy of which is attached hereto
and more particularly identified as Exhibit "A ", the revised appropriations set out therein are hereby made to
maintain and carry on the government of the City of Sebastian, Indian River County, Florida.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall become effective immediately upon its adoption.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
was as follows:
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea Coy
Councilmember Richard H. Gillmor
Councilmember Eugene Wolff
and, upon being put to a vote, the vote
The Mayor thereupon declared this Resolution duly passed and adopted this 24`h day of August 2011.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. Maio, MMC
City Clerk
Mayor Jim Hill
Approved as to form and content for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
28 of 124
FUND TITLE
GENERAL
Revenues
Expenditures
LOCAL OPT [ON GAS TAX
Revenues
Expenditures
DISCRETIONARY SALES TAX
Revenues
Expenditures
RIVERFRONT REDEVELOPMENT
Revenues
Expenditures
RECREATION IMPACT FEE
Revenues
Expenditures
STORMWATER UTILITY FEE
Revenues
Expenditures
LAW ENFORCEMENT FORFEITURE
Revenues
Expenditures
DST DEBT SERVICE FUND
Revenues
Expenditures
STORMWATER DEBT SERVICE FUND
Revenues
Expenditures
GOLF COURSE
Revenues
Expenses
AIRPORT
Revenues
Expenses
BUILDING
Revenues
Expenses
TOTAL BUDGET
EXHIBIT "A"
29 of 124
FY 2011
AMENDED
BUDGET BEFORE
3RD QUARTER
BUDGET AFTER
ADJUSTMENTS
ADJUSTMENTS
ADJUSTMENTS
$ 10,504,831
$ -
$ 10,504,831
10,504,831
-
10,504,831
1,975,892
-
1,975,892
1,975,892
-
1,975,892
2,728,324
(3,204)
2,725,120
2,728,324
(3,204)
2,725,120
977,096
(230,464)
746,632
977,096
(230,464)
746,632
590,833
175,116
765,949
590,833
175,116
765,949
1,138,977
-
1,138,977
1,138,977
-
1,138,977
10,250
-
10,250
10,250
-
10,250
1,020,411
-
1,020,411
1,020,411
-
1,020,411
439,999
-
439,999
439,999
-
439,999
1,297,884
-
1,297,884
1,297,884
-
1,297,884
395,070
-
395,070
395,070
-
395,070
465,740
-
465,740
465,740
-
465,740
$ 21,545,307
$ (58,552)
$ 21,486,755
29 of 124
CITY OF SEBASTIAN, FLORIDA
COMPARISON OF ACTUAL TO BUDGET
END OF 3RD QUARTER
FISCAL YEARS 2009, 2010 AND 2011
LOCAL OPTION GAS TAX FUND
TOTAL REVENUES 474,383 754,800
62.8% 2,877,973
FY2009
392,753
623,521
FY2010
BEGINNING CASH RESERVES 172,834 140,000
123.5% 226,792
FY2011
1.392,655
Description
3rd Qtr YTD
BUDGET
°A,
3rd Qtr YTD
BUDGET
%
3rd Qtr YTD
BUDGET
°k
GENERAL FUND SUMMARY
264,463
264,463
100.0%
OTHER EXPENDITURES 192,937 239,016
80.7% 238,220
324,100 73.5%
209,996
250,000
84.0%
TAXES
6,605,966
7,934,958
83.3%
6,095,373
7,531,430
80.9%
5,438,164
7,179,708
75.7%
LICENSES AND PERMITS
22,439
55,200
40.7%
24,434
51,400
47.5%
18,013
44,650
40.3%
INTERGOVERNMENTAL REVENUES
1,248,201
2,054,617
60.8%
1,247,794
1,723,105
72.4%
1,217,860
1,836,540
66.3%
CHARGES FOR SERVICES
217,652
327,301
66.5%
227,151
289,147
78.6%
199,138
286,550
69.5%
FINES AND FORFEITS
37,941
59,600
63.7%
51,201
55,000
93.1%
61,821
65,500
94.4%
MISCELLANEOUS REVENUES
255,729
490,759
52.1%
132,705
423,190
31.4%
175,609
338,124
51.9%
TRANSFER FROM OTHER FUNDS
595,490
949,080
62.7%
573,666
848,909
67.6%
552,545
753,759
73.3%
TOTAL REVENUES
8,983,418
11,871,515
75.7%
8,352,324
10,922,181
76.5%
7,663,150
10,504,831
72.9%
BEGINNING CASH RESERVES
5,619,935
5,074,000
110.8%
5,534,856
6,131,749
90.3%
4,962,399
5,068,245
97.9%
TOTALSOURCES
14,603,353
16,945,515
86.2%
13,887,180
17,053,930
81.4%
12,625,549
15,573,076
81.1%
CITY COUNCIL
39,707
54,065
73.4%
33,259
52,117
63.8%
33,183
49,708
66.8%
CITY MANAGER
197,098
269,986
73.0%
183,912
254,480
72.3%
167,670
234,642
71.5%
CITY CLERK
213,288
297,087
71.8%
220,834
296,444
74.5%
197,320
272,792
72.3%
LEGAL
147,257
194,494
75.7%
71,879
125,340
57.3%
66,291
125,785
52.7%
ADMINISTRATIVE SERVICES
426,818
578,543
73.8%
363,515
492,658
73.8%
358,822
478,562
75.0%
MANAGEMENT INFO SERVICES
185,731
266,344
69.7%
178,860
266,913
67.0%
229,771
248,908
92.3%
POLICE DEPARTMENT
3,571,457
4,826,931
74.0%
3,458,183
4,675,788
74.0%
3,572,000
4,807,989
74.3%
PUBLIC WORKS
3,136,551
4,319,990
72.6%
2,574,798
3,694,008
69.7%
2,303,734
3,385,604
68.0%
PLANNING DEPARTMENT
271,811
382,856
71.0%
296,560
437,156
67.8%
287,688
348,734
82.5%
NON - DEPARTMENTAL
638,295
679,131
94.0%
576,771
627,277
91.9%
469,209
552,107
85.0%
TOTAL EXPENDITURES
8,828,013
11,869,427
74.4%
7,958,571
10,922,181
72.9%
7,685,688
10,504,831
73.2%
ENDING CASH RESERVES
5,775,340
5,076,088
113.8%
5,928,609
6,131,749
96.7%
4,939,861
5,068,245
97.5%
TOTAL USES
14,603,353
16,945,515
86.2%
13,887,180
17,053,930
81.4%
12,625,549
15,573,076
81.1%
Property tax collections are lower than
last year due to the decline in taxable values. Licenses and Permits are
primarily fees
charges for planning
and zoning activities. Intergovernmental Revenues
appear significantly under budget but
most of these revenues are from the
State and represent
only 8 months collections at this point.
Charges for
Services budget comparisons should improve over the summer
and end up close to budgeted
amounts. Fines and Forfeits include
collection of
Code Enforcement liens, which have increased over prior years. Miscellaneous Revenues
continues to be low versus budget because of limited investment
returns. Total Sources includes the amount of actual and estimated cash reserves.
For the 2011 Annual Budget, we did not anticipate using
any cash
reserves.
Spending by all the Departments are
at or below 75% of budget (three - fourths of the fiscal year) except Management
Information Services and
Planning Department because of payouts to the terminated Directors. The Non - departmental category
is over 50% of budget because the City's total
annual contribution to the CRA Fund was made in the first quarter.
LOCAL OPTION GAS TAX FUND
TOTAL REVENUES 474,383 754,800
62.8% 2,877,973
3,167,006 90.90/0
392,753
623,521
63.0%
BEGINNING CASH RESERVES 172,834 140,000
123.5% 226,792
152.559 148.7%
1.392,655
1.401.543
99.4%
TOTAL SOURCES 647,217 894,800
72.3% 3,104,765
3,319,666 93.5%
1 785,408
2,025,064
88.2%
DEBT SERVICE 150.000 300,000
50.0% 1,256,960
1,256,960 100.0%
264,463
264,463
100.0%
OTHER EXPENDITURES 192,937 239,016
80.7% 238,220
324,100 73.5%
209,996
250,000
84.0%
TRANSFERS TO OTHER FUNDS 166,115 215.784
77.0% 136,217
1.585.946 8.6%
1,341.795
1.461,429
91.8%
TOTAL EXPENDITURES 509,052 754,800
67.4% 1,631,397
3,167,006 51.5%
1,816,254
1,975,892
91.9%
ENDING CASH RESERVES 138,165 140,000
98.7% 1,473.368
152,559 965.8%
(30,846)
49,172
-627%
TOTAL USES 647,217 894,800
72.3% 3,104,765
3,319,565 93.5%
_
1,785,408
2,025,064
88.2%
We have seen some decline in gas taxes. Tax collections represent only 8 months receipts and are about 4% lower than last year at this point. The
Refinancing of the Paving Loan provided funds for additional paving work and lowered the
annual debt service requirement by extending the
maturity
dates. A correction was made to FY2011 Budget for paving loan expenditures carried forward from last year.
DISCRETIONARY SALES TAX FUND
TOTAL REVENUES 1,611,377 2,478,000
65.0% 1,609,211
2,510,445 64.1%
1,623,719
2,349,593
69.1%
BEGINNING CASH RESERVES 2,411,939 2,626,000
91.8% 1,404,945
1,904,156 73.8%
1,379,094
1,292,080
106.7%
TOTAL SOURCES 4,023,316 5,104,000
78.8% 3,014,156
4,414,601 68.3%
3,002,813
3,641,673
82.5%
TRANSFERS TO OTHER FUNDS 1,226,581 3,392,957
36.2% 1,514,600
3,392,656 44.6%
1,626,970
2,725,120
59.7%
TOTAL EXPENDITURES
°
44.6%
59.7%
ENDING CASH RESERVES 2,796,735 1,711,043
163.5% 1,499,556
1.021,945 146.7%
1,375,843
916,553
150.1%
TOTAL USES 4,023,316 5,104,000
78.8% 3,014,156
4,414,601 68.3%
_
3,002,813
3,641,673
82.5%
Tax collections are being received at a little higher than last year.
Collections flow through the State, so the amounts received are for only 8 months at
this point. Transfers to Other Funds were adjusted to add 60,000 for a phone system, $9,195 to the 512 Corridor improveNrof *24D reduce the
Potomac road crossing project by $72,399.
CITY OF SEBASTIAN, FLORIDA
COMPARISON OF ACTUAL TO BUDGET
END OF 3RD QUARTER
FISCAL YEARS 2009, 2010 AND 2011
FY2009 FY2010 FY2011
Description jr % _ r r o tr o
RIVERFRONT REDEVELOPMENT FUND
TOTAL REVENUES
526,891
554,092
95.1%
432,239
440,535
98.1%
300,087
300,382
99.9%
BEGINNING CASH RESERVES
16,404
293,774
5.6%
984,638
267,250
368.4%
682,591
676,714
100.9%
TOTAL SOURCES
543,295
847,866
64.1%
1,416,877
707,785
200.2%
982,678
977,096
100.6%
OPERATING EXPENDITURES
89,916
168,100
53.5%
78,616
140,402
56.0%
138,483
120,727
114.7%
CAPITAL OUTLAYS
TRANSFERS TO OTHER FUNDS
-
45,000
-
60,000
0.0%
75.0%
539,544
65,026
540,520
466,400
99.8%
13.9%
-
340,872
-
625,905
0.0%
54.5%
TOTAL EXPENDITURES
134,916
228,100
59.1%
683,186
1,147,322
. o
db,lZj
765,949
o
ENDING CASH RESERVES
408,379
619,766
65.9%
733,691
(439,537)
- 166.9%
503,323
230,464
218.4%
TOTAL USES
543,295
847,866
64.1%
1,416,877
707,785
200.2%
982,678
977,096
100.6%
Operating expenditures exceeds the FY2011 budget because payments include facade /sign grants that were designated in prior year budgets.
Transfers were adjusted for $13,500 for Presidential Street design $225,000 U.S. #1 improvements and $25,000 Gateway Enhancements, less a
$2,595 reduction to the Parking Study.
RECREATION IMPACT FEE FUND
774,718
1,032,957
75.0%
776,898
1,035,869
75.0%
748,168
997,557
75.0%
TOTAL REVENUES
20,941
135,000
15.5%
26,531
56,247
47.2%
27,572
30,791
89.5%
BEGINNING CASH RESERVES
1,325,089
1,300,000
101.9%
1,033,393
884,464
116.8%
1,106,310
913,393
121.1%
TOTAL SOURCES
1,346,030
1,435,000
93.8%
1,059,924
940,711
112.7%
1,133,882
944,184
120.1%
TRANSFERS TO OTHER FUNDS
-
229,000
0.0%
23,279
291,232
8.0%
85,123
765,949
11.1%
TOTAL EXPENDITURES
-
300
o
675
300
o
db,lZj
765,949
11. o
ENDING CASH RESERVES
1,346,030
1,206,000
111.6%
1,036,645
649,479
159.6%
1,048,759
178,235
588.4%
TOTAL USES
1,346,030
1,435,000
93.8%
1,059,924
940,711
112.7%
1,133,882
944,184
120.1%
Additional appropriations were made for $63,000 Easy Street Park improvements, $2,456 Skate Park Office project,
$48,660 Barber Street Football
Fields and $61,000 for the Powerline Road project.
-22.6%
230,239
214,358
107.4%
1,405,050
1,542,409
91.1%
TOTAL USES
STORMWATER UTILITY FUND
1,244,931
79.3%
1,121,861
1,251,227
89.7%
2,304,899
2,561,988
90.0%
TOTAL REVENUES
802,347
897,200
89.4%
810,955
877,344
92.4%
796,834
843,200
94.5%
BEGINNING CASH RESERVES
1,161,570
1,141,387
101.8%
1,012,003
651,397
155.4%
588,841
601,040
98.0%
TOTAL SOURCES
1,963,917
2,038,587
96.3%
1,822,958
1,528,741
119.2%
1,385,675
1,444,240
95.9%
OTHER EXPENDITURES
8,705
3,500
248.7%
-
100
0.0%
-
100
0.0%
TRANSFERS TO OTHER FUNDS
714,476
1,542,635
46.3%
722,905
1,020,454
70.8%
704,157
1,138,877
61.8%
TOTAL EXPENDITURES
723,181
1,546,135
46.8%
722,905
1,020,554
70.80/6
704,157
1,138,977
61.8%
ENDING CASH RESERVES
1,240,736
492,452
252.0%
1,100,053
508,187
n/a
681,518
305,263
223.3%
TOTAL USES
1,963,917
2,038,587
96.3%
1,822,958
1,528,741
119.2%
1,385,675
1,444,240
95.9%
Stormwater fee collections are only slightly ahead of
last year and may decline due to property owners
receiving credits allowed
by the Ordinance for
stormwater facilities they made to their properties.
LAW ENFORCEMENT FORFEITURE FUND
TOTAL REVENUES
11,395
11,000
103.6%
20,537
10,200
201.3%
993
10,250
9.7%
BEGINNING CASH RESERVES
24,206
23,000
105.2%
51,947
20,970
247.7%
73,160
52,609
139.1%
TOTAL SOURCES
35,601
34,000
104.7%
72,484
31,170
232.5%
74,153
62,859
118.0%
EXPENDITURES
6,535
15,500
42.2%
4,836
-
0.0%
1,600
-
0.0%
ENDING CASH RESERVES
29,066
18,500
157.1%
67,648
31,170
217.0%
72,553
62,859
115.4%
TOTAL USES
35,601
34,000
1043%
72,484
31,170
232.5%
74,153
62,859
118.0%
These funds are used for the DARE Program, for vehicle towing charges pending reimbursement and to provide drug investigation monies
DISCRETIONARY SALES TAX BOND FUND
TRANSFER FROM OTHER FUNDS
774,718
1,032,957
75.0%
776,898
1,035,869
75.0%
748,168
997,557
75.0%
MISC. REVENUES
672
1,974
34.0%
6,057
1,000
605.7%
2,077
22,854
9.1%
TOTAL REVENUES
775,390
1,034,931
74.9%
782,955
1,036,869
75.5%
750,245
1,020,411
73.5%
BEGINNING CASH RESERVES
211,353
210,000
100.6%
338,906
214,358
158.1%
1,554,654
1,541,577
100.8%
TOTAL SOURCES
986,743
1,244,931
79.3%
1,121,861
1,251,227
89.7%
2,304,899
2,561,988
90.0%
OPERATING EXPENDITURES
-
300
0.0%
675
300
225.0%
675
300
225.0%
DEBT SERVICE
1,034,256
1,034,631
100.0%
890,947
1,036,569
86.0%
899,174
1,019,279
88.2%
TOTAL EXPENDITURES
1,034,256
1,034,931
99.9%
891,622
1,036,869
86.0%
899,849
1,019,579
88.3%
ENDING CASH RESERVES
(47,513)
210,000
-22.6%
230,239
214,358
107.4%
1,405,050
1,542,409
91.1%
TOTAL USES
986,743
1,244,931
79.3%
1,121,861
1,251,227
89.7%
2,304,899
2,561,988
90.0%
Debt service to date includes the annual principal and one semi - annual interest payment. The second interest payment will bg Qug fJ¢t2Wr 1 will be
paid in September.
CITY OF SEBASTIAN, FLORIDA
COMPARISON OF ACTUAL TO BUDGET
END OF 3RD QUARTER
FISCAL YEARS 2009, 2010 AND 2011
Debt service to date includes the semi- annual principal and interest payments for November 1st and May 1st, plus bank fees.
GOLF COURSE FUND
CHARGES FOR SERVICE 1,194,420
1,613,050
FY2009
1,103,473
1,483,200
FY2010
1,140,619
1,261,474
FY2011
MISC. REVENUES 1,228,986
Description 3rd
Qtr
36,255
°
r tr
25,266
36,410
LAatrym
TOTAL REVENUES 2,423,406
3,296,083
STORMWATER UTILITY BOND FUND
1,139,728
1,595,913
71.4%
1,165,885
1,297,684
89.8%
BEGINNING CASH RESERVES 767,043
766,000
100.1%
TRANSFER FROM OTHER FUNDS
79
875
9.0%
328,680
438,240
75.0%
329,158
438,877
75.0%
MISC. REVENUES
330,101
440,135
75.0%
394
120
328.3%
108
1,122
9.6%
TOTAL REVENUES
330,180
441,010
74.9%
329,074
438,360
75.1%
329,266
439,999
74.8%
BEGINNING CASH RESERVES
20,541
20,470
100.3%
85,876
20,686
415.1%
182,951
182,932
100.0%
TOTAL SOURCES
350,721
461,480
76.0%
414,950
459,046
90.4%
512,217
622,931
82.2%
DEBT SERVICE
441,010
441,010
100.0%
438,360
438,360
100.0%
440,077
439,911
100.0%
TOTAL EXPENDITURES
441,010
-441,010
100.0%
438,360
438,360
100.00/6
440,077
439,911
100.0%
ENDING CASH RESERVES
(90,289)
20,470
441.1%
(23,410)
20,686
- 113.2%
72,140
183,020
39.4%
TOTAL USES
350,721
461,480
76.0%
414,950
459,046
90.4%
512,217
622,931
82.2%
Debt service to date includes the semi- annual principal and interest payments for November 1st and May 1st, plus bank fees.
GOLF COURSE FUND
CHARGES FOR SERVICE 1,194,420
1,613,050
74.0%
1,103,473
1,483,200
74.4%
1,140,619
1,261,474
90.4%
MISC. REVENUES 1,228,986
1,683,033
73.0%
36,255
112,713
32.2%
25,266
36,410
69A%
TOTAL REVENUES 2,423,406
3,296,083
73.5%
1,139,728
1,595,913
71.4%
1,165,885
1,297,684
89.8%
BEGINNING CASH RESERVES 767,043
766,000
100.1%
542,988
764,318
71.0%
(335,946)
(367,001)
91.5%
TOTAL SOURCES 3,190,449
4,062,083
78.5%
1,682,716
2,360,231
71.3%
829,939
930,883
89.2%
PERSONAL SERVICES 261,244
386,301
67.6%
244,426
350,023
69.8%
228,454
340,270
67.1%
OPERATING EXPENSES 766,724
995,642
77.0%
666,785
922,790
72.3%
692,507
956,539
72.4%
CAPITAL OUTLAY 87,577
98,744
88.7%
-
10,000
0.0%
-
-
0.0%
DEBT SERVICE 500
304,990
0.2%
7,875
313,100
2.5%
-
1,075
0.0%
TOTAL EXPENDITURES 1,116,045
1,785,677
62.5%
919,086
1,595,913
57.6%
920,961
1,297,884
71.0%
ENDING CASH RESERVES 2,074,404
2,276,406
91.1%
763,630
764,318
99.9%
(91,022)
(367,001)
24.8%
TOTAL USES 3,190,449
4,062,083
78.5%
1,682,716
2,360,231
71.3%
829,939
930,883
89.2%
Shortfalls in actual revenues required the use of Cash
Reserves
to meet total expenditures over the past couple of years.lt is normally our intent to
maintain Cash Reserves and pro shop inventory exceeding liabilities
but at
the end of 2010, we would not have enough cash on hand to
pay off
accrued compensated absenses and refund prepaid
memberships and customer credits.
2010 was the last year of
debt service on the Bonds
and we
are hopeful that we can begin to correct this.
and required grant matching funds over the past several years. It is normally our intent to
maintain Cash Reserves and fuel inventory exceeding liabilities but at the end
of each year,
we have not had enough cash on hand to pay off
accrued
compensated absenses and other liabilities.
AIRPORT FUND
LEASE REVENUES
267,977
30,000
n/a
268,127
371,219
72.2%
281,898
345,855
81.5%
MISC. REVENUES
15,161
30,000
50.5%
26,877
17,000
158.1%
12,760
49,215
25.9%
TOTAL REVENUES
283,138
60,000
Na
295,004
388,219
76.0%
294,658
395,070
74.6%
BEGINNING CASH RESERVES
84,081
155,000
54.2%
10,346
65,784
15.7%
(7,625)
(96,942)
7.9%
TOTAL SOURCES
367,219
215,000
170.8%
305,350
454,003
67.3%
287,033
298,128
96.3%
PERSONAL SERVICES
176,058
232,065
75.9%
171,630
231,369
74.2%
164,743
230,275
71.5%
OPERATING EXPENSES
122,963
156,495
78.6%
128,380
134,717
95.3%
131,884
156,245
84.4%
CAPITAL OUTLAY
-
20,000
-
5,923
3,946
0.0%
290,000
-
0.0%
DEBT SERVICE
-
-
0.00/0
-
8,550
0.0%
-
8,550
0.0%
TOTAL EXPENDITURES
299,021
408,560
73.2%
305,933
378,582
80.8%
586,627
395,070
148.5%
ENDING CASH RESERVES
68,198
(193,560)
-35.2%
(583)
75,421
-0.8%
299,594
96,942
211.1%
TOTAL USES
367,219
215,000
170.8%
305,350
454,003
67.3%
287,033
298,128
96.3%
Cash Reserves have been used to meet total expenditures
and required grant matching funds over the past several years. It is normally our intent to
maintain Cash Reserves and fuel inventory exceeding liabilities but at the end
of each year,
we have not had enough cash on hand to pay off
accrued
compensated absenses and other liabilities.
BUILDING FUND
TOTAL REVENUES
305,701
536,207
57.0%
290,345
489,334
59.3%
314,556
465,740
67.5%
BEGINNING CASH RESERVES
1,008,089
1,035,000
97.4%
795,913
779,429
102.1%
554,519
504,899
109.8%
TOTAL SOURCES
1,313,790
1,571,207
83.6%
1,086,258
112681763
85.6%
869,075
970,639
89.5%
PERSONAL SERVICES
285,370
398,841
71.5%
280,097
379,674
73.8%
264,757
367,626
72.0%
OPERATING EXPENSES
90,737
137,366
66.1%
83,743
109,660
76.4%
71,204
98,114
72.6%
TOTAL EXPENDITURES
376,107
536,207
70.1%
363,840
489,334
74.4%
335,961
465,740
72.1%
ENDING CASH RESERVES
937,683
1,035,000
90.6%
722,418
779,429
92.7%
533,114
504,899
105.6%
TOTAL USES
1,313,790
1,571,207
83.6%
1,086,258
1,268,763
85.6%
869,075
970,639
89.5%
Ending Cash Reserves have steadily declined due to the economic slump. However, Beginning Cash Reserves for 2011 wer82Ii&IA Qlijher than
anticipated.
CITY OF SEBASTIAN, FLORIDA
COMPARISON OF ACTUAL TO BUDGET
END OF 3RD QUARTER
FISCAL YEARS 2009, 2010 AND 2011
33 of 124
FY2009
FY2010
FY2011
Description
3rd Qtr YTD
BUDGET
%
3rd Qtr YTD
BUDGET
%
3rd Qtr YTD
BUDGET
%
GENERAL FUND DETAIL ON DEPARTMENTS
CITY COUNCIL
Personnel
17,080
22,755
75.1%
17,081
22,742
75.1%
17,069
22,761
75.0%
Operating
22,627
31,310
72.3%
16,178
29,375
55.1%
16,114
26,947
59.8%
Totals
39,707
54,065
73.4%
33,259
52,117
63.8 /°
33,183
49,708
66.8%
CITY MANAGER
Personnel
189,213
263,099
71.9%
179,550
250,455
71.7%
164,627
229,734
71.7%
Operating
7,885
6,887
114.5%
4,362
4,025
108.4%
3,043
4,908
62.0%
Totals
197,098
269,986
73.0%
183,912
254,480
72.3%
167,670
234,642
71.5%
CITY CLERK
Personnel
181,414
252,302
71.9%
174,208
240,794
72.3%
173,348
243,373
71.2%
Operating
31,874
44,785
71.2%
46,626
55,650
83.8%
23,972
29,419
81.5%
Totals
213,288
297,087
71.8%
220,834
296,444
74.5%
197,320
272,792
72.35T
LEGAL
Personnel
78,308
81,636
95.9%
0
0
0.0%
0
0
0.0%
Operating
68,949
112,858
61.1%
71,879
125,340
57.3%
66,291
125,785
52.7%
Totals
147,257
194,494
75.7%
71,879
125,340
57.3%
66,291
125,785
52.7%
ADMINISTRATIVE SERVICES
Personnel
350,798
499,528
70.2%
290,515
408,939
71.0%
286,190
397,517
72.0%
Operating
76,020
79,015
96.2%
73,000
83,719
87.2%
72,632
81,045
89.6%
Totals
426,818
578,543
73.8%
363,515
492,658
73.8%
358,822
478,562
75.0%
MANAGEMENT INFO SERVICES
Personnel
152,238
213,637
71.3%
146,887
206,855
71.0%
197,136
203,713
96.8%
Operating
29,036
45,997
63.1%
30,673
39,435
77.8%
32,635
45,195
72.2%
Capital Outlay
4,457
6,710
66.4%
1,300
20,623
6.3%
0
0
0.0%
Totals
185,731
266,344
69.7%
178,860
266,913
67.0%
229,771
248,908
92.3%
POLICE DEPARTMENT
Personnel
3,245,293
4,352,783
74.6%
3,136,747
4,250,025
73.8%
3,194,012
4,381,821
72.9%
Operating
292,184
438,548
66.6%
289,685
398,892
72.6%
333,910
389,533
85.7%
Capital Outlay
33,980
35,600
95.4%
31,751
26,871
118.2%
44,078
36,635
120.3%
Totals
3,571,457
4,826,931
74.0%
3,458,183
4,675,788
74.0%
3,572,000
4,807,989
74.3%
PUBLIC WORKS
Personnel
2,113,976
2,910,076
72.6%
1,872,385
2,563,799
73.0%
1,595,517
2,345,644
68.0%
Operating
1,003,597
1,387,914
72.3%
683,422
1,113,664
61.4%
705,122
1,027,160
68.6%
Capital Outlay
18,978
22,000
86.3%
18,991
16,545
114.8%
3,095
12,800
24.2%
Totals
°
0
• 0
PLANNING DEPARTMENT
Personnel
260,044
366,446
71.0%
267,015
372,436
71.7%
258,337
312,127
82.8%
Operating
11,767
16,410
71.7%
29,545
64,720
45.7%
29,351
36,607
80.2%
Totals
271,811
382,856
71.0%
296,560
437,156
67.8%
287,688
348,734
82.5%
NON - DEPARTMENTAL
Personnel
7,640
5,000
152.8%
12,167
15,000
81.1%
12,079
15,000
80.5%
Operating
630,655
674,131
93.6%
564,604
612,277
92.2%
457,130
537,107
85.1%
Transfers to Other Funds
0
0
0.0 "/0
0
0
0.0%
0
0
0.0%
Totals
638,295
679,131
94.0%
576,771
627,277
91.9%
469,209
552,107
85.0%
TOTAL EXPENDITURES
Personnel
6,596,004
8,967,262
73.6%
6,096,555
8,331,045
73.2%
5,898,315
8,151,690
72.4%
Operating
2,174,594
2,837,855
76.6%
1,809,974
2,527,097
71.6%
1,740,200
2,303,706
75.5%
Capital Outlay
57,415
64,310
89.3%
52,042
64,039
81.3%
47,173
49,435
95.4%
Transfers to Other Funds
0
0
0.0%
0
0
0.0%
0
0
0.0%
Totals
8,828,013
11,869,427
74.4%
7,958,571
10,922,181
72.9%
7,685,688
10,504,831
73.2%
ENDING CASH RESERVES
5,775,340
5,076,088
113.8%
5,928,609
.6,131,749
96.7%
4,939,861
5,068,245
97.5%
TOTAL USES
14,603,353
16,945,515
86.2%
13,887,180
17,053,930
81.4%
12,625,549
15,573,076
81.1%
33 of 124
CAPITAL PROJECT STATUS REPORT
6/30/2011
GENERAL CAPITAL PROJECTS
FUND 310
Current Prior Year Balance
Project - _... Year.- .. ._ .Year .._..... _.To-Date... _ -- -_ __ --. __._to- _ - . _ ✓, -
Number Description Budget Expenditures Expenditures Exoenditures Encumbrances Complete Complete
C1011 Police Vehicle Replacement 2010 CLOSED
Cl 105 Police Vehicle Replacement 2011
C 1106 Munis Upgrade CLOSED
C1107 MIS Broadcasting Equipment
C 1 108 Excavation Equipment
C1109 Telephone System
CAPITAL IMPROVEMENT PROJECTS
FUND 320
Project
Numbe Description
C0721 Hardee Park Improvement (Zone A)
C0824 Periwinkle Stormwater Park Enhancements CLOSED
C0921 Schumann Park Improvements
C1021 Splash Park Canopy (RIF) CLOSED
C1022 Skate Park Office (RIF) CLOSED
C 1121 Barber Street Field Expansion
Cl 122 Riverview Park Pavilion
C1123 Bark Park Amenties
C 1124 Lift Station - Riverview Park
Cl 125 Riverview Park Irrigation Fountains
C1126 Riverview Park Street Parking
C 1127 Parking Study (CLOSED)
CI 128 Waterfront Renovations
Cl 129 Easy St Park Improvements
TRANSPORTATION CAPITAL PROJECTS
FUND 330
Project
Number Description
C0735
Powerline Road
C0834
512 Corridor (DST - FDOT Grant)
C1031
2010 Bank Note Road Improvements
Cl 131
US I Improvements
C1132
Gateway Enhancement
POOOI
Road Paving
P0002
Sidewalk/Bikepath Program
STORMWATER IMPROVEMENT FUND
FUND 363
211,447.98
29,610.45
181,837.53 211,447.98 -
-
100.00%
276,500.00
271,255.06
- 271,255.06 -
5,244.94
98.10%
22,551.94
22,551.94
- 22,551.94 -
-
100.00%
80,000.00
77,720.47
- 77,720.47 -
2,279.53
97.15%
200,000.00
-
- 128,774.51
71,225.49
0.00%
60,000.00
2,567.99
- - -
60,000.00
0.00%
850,499.92
300,865.51
181,837.53 482,703.04
5,244.94
56.76%
AIRPORT PROJECTS
FUND 455
Current Prior Year Balance
Project Year Year To -Date to %
Number Description Budeet Expenditures Expenditures Expenditures Encumbrances Complete Complete
C3502 Construct Access Road (828081.00 Grant) CLOSED 937,898.59 - 937,898.59 937,898.59 - - 100.00%
C0951 Construct Hangars (1,160,000 grant) 1,450,000.00 604,556.33 3,690.00 608,246.33 672,436.47 169,317.20 41.95%
C1152 Install Security Cameras 43,000.00 - - - - 43,000.00 0.00%
2,387,898.59 604,556.33 941,588.59 1,546,144.92 672,436.47 169,317.20 0.00%
34 of 124
Current
Prior
Year
Year
Balance
Balance
Year
Year
To -Date
Year
to
%
Budge
Exl&nditures
Expenditures
Expenditures
Encumbrances
Complete
Comyllete
50,000.00
33,137.23
14,294.78
47,432.01
994,189.49
2,567.99
94.86%
5,511.39
-
5,511.39
5,511.39
-
-
100.00%
204,460.00
2,990.00
142,653.11
145,643.11
2,100.00
56,716.89
71.23%
20,802.38
20,802.38
-
20,802.38
-
-
100.00%
52,456.30
36,931.10
15,525.20
52,456.30
-
-
100.00%
183,690.00
15,460.75
-
15,460.75
164,655.49
3,573.76
8.42%
40,330.00
380.48
54,131.00
380.48
-
39,952.52
0.94%
75,000.00
1,450.00
2511614.61
1,450.00
-
73,550.00
1.93%
100,000.00
42,188.99
99.02%
42,188.99
19,770.00
38,041.01
42.19%
25,000.00
6,755.78
6,755.78
-
18,244.22
27.02%
113,500.00
1,964.25
1,964.25
11,535.75
100,000.00
1.73%
27,404.44
27,404.44
27,404.44
-
-
100.00%
250,000.00
256,589.01
256,589.01
(6,589.01)
102.64%
63,000.00
-
-
63,000.00
0.00%
1,21 1,154.51
446,054.41
177,984.48
624,038.89
198,061.24
389,057.38
51.52%
AIRPORT PROJECTS
FUND 455
Current Prior Year Balance
Project Year Year To -Date to %
Number Description Budeet Expenditures Expenditures Expenditures Encumbrances Complete Complete
C3502 Construct Access Road (828081.00 Grant) CLOSED 937,898.59 - 937,898.59 937,898.59 - - 100.00%
C0951 Construct Hangars (1,160,000 grant) 1,450,000.00 604,556.33 3,690.00 608,246.33 672,436.47 169,317.20 41.95%
C1152 Install Security Cameras 43,000.00 - - - - 43,000.00 0.00%
2,387,898.59 604,556.33 941,588.59 1,546,144.92 672,436.47 169,317.20 0.00%
34 of 124
Current
Prior
Year
Year
Balance
Balance
Year
Year
To -Date
Year
to
%
Budget
Expenditures
Expenditures
Expenditures
Encumbrances
Complete
Complete
1,222,250.00
26,779.23
152,132.60
178,911.83
994,189.49
49,148.68
14.64%
288,723.00
3,688.11
23,989.37
27,677.48
263,742.39
(2,696.87)
9.59%
1,250,461.00
1,211,550.68
13,025.64
1,224,576.32
1,400.00
24,484.68
97.93%
250,000.00
11,878.07
-
11,878.07
2,729.32
235,392.61
4.75%
25,000.00
-
-
-
-
25,000.00
0.00%
89,554.57
50,000.00
8,336.00
8,336.00
-
81,218.57
9.31%
59,019.00
C1602 Road Crossing Repairs
54,131.00
54,131.00
-
4,888.00
91.72%
3,185,007.57
1,253,896.09
2511614.61
11505,510.70
1,262,061.20
417,435.67
47.27%
AIRPORT PROJECTS
FUND 455
Current Prior Year Balance
Project Year Year To -Date to %
Number Description Budeet Expenditures Expenditures Expenditures Encumbrances Complete Complete
C3502 Construct Access Road (828081.00 Grant) CLOSED 937,898.59 - 937,898.59 937,898.59 - - 100.00%
C0951 Construct Hangars (1,160,000 grant) 1,450,000.00 604,556.33 3,690.00 608,246.33 672,436.47 169,317.20 41.95%
C1152 Install Security Cameras 43,000.00 - - - - 43,000.00 0.00%
2,387,898.59 604,556.33 941,588.59 1,546,144.92 672,436.47 169,317.20 0.00%
34 of 124
Current
Prior
Year
Balance
Project
Year
Year
To -Date
to
%
Number Description
Budeet
Expenditures
Expenditures
Expenditures
Encumbrances
Complete
Complete
C4604 Middle Stonecrop Improvements (closed)
191,861.73
-
191,861.73
191,861.73
-
(0.00)
100.00%
C4606 Collier Creek Improvements (DEP GRANT $500,000)
4,925,102.11
8,090.00
4,907,797.11
4,915,887.11
11,215.00
(2,000.00)
99.81%
C0961 Potomac Road Crossing
182,000.00
18,281.57
34,509.99
52,791.56
124,260.93
4,947.51
29.01%
P0003 1/4 Round Swale Rehab (DST)
2,147,720.00
415,595.60
1,654,139.20
2,069,734.80
11,886.60
66,098.60
99.47%
C1601 Stormwater Master Plan
50,000.00
15,690.00
-
15,690.00
11,810.00
22,500.00
31.38%
C1602 Road Crossing Repairs
61,040.00
61,039.80
-
61,039.80
-
61,040.00
100.00%
7,557,723.84
518,696.97
6,788,308.03
7,307,005.00
159,172.53
152 586.11
99.02%
AIRPORT PROJECTS
FUND 455
Current Prior Year Balance
Project Year Year To -Date to %
Number Description Budeet Expenditures Expenditures Expenditures Encumbrances Complete Complete
C3502 Construct Access Road (828081.00 Grant) CLOSED 937,898.59 - 937,898.59 937,898.59 - - 100.00%
C0951 Construct Hangars (1,160,000 grant) 1,450,000.00 604,556.33 3,690.00 608,246.33 672,436.47 169,317.20 41.95%
C1152 Install Security Cameras 43,000.00 - - - - 43,000.00 0.00%
2,387,898.59 604,556.33 941,588.59 1,546,144.92 672,436.47 169,317.20 0.00%
34 of 124
1 •
I
QUARTERLY INVESTMENT REPORT
FOR THE QUARTER ENDED
JUNE 305, 2011
Prepared by
Administrative Services Department
35 of 124
As of June 30, 2011, the total available funds of the City were $12,359,025. $2,356,804 was held in an
interest bearing checking account and $10,568,198 was invested in the SBA and other investment
vehicles. The investments consist of the following:
Investment Type
Amount
State Board of Administration (SBA) $ 3,986,379
US Government Treasury and Agency Bonds 6,015,842
Total Investments
10.002,221
The details of each investment types are presented on the following pages.
36 of 124
CITY OF SEBASTIAN
SCHEDULE OF INVESTMENTS
6/30(2011
STATE BOARD OF ADMINISTRATION
37 of 124
cashsba0630
7/27/2011
CURRENT
INVESTMENT ALLOCATION
PERCENT
BALANCE
General Fund + Performance Deposits
58.31%
2,324,425.69
Local Option Gas Tax Fund
0.00%
-
Discretionary Sales Tax Fund
4.33%
172,4I9.06
Riverfront Redevelopment Fund
0.00%
-
Recreation Impact Fee Fund
8.82%
351,513.17
Stormwater Utility Fund
10.89%
434,080.61
Law Enforcement Forfeiture Fund
1.23%
48,866.86
Stormwater Projects Fund
0.00%
-
Building Department Fund
7.00%
279,211.95
Cemetery Trust Fund
9.43%
375,861.87
Sub -Total
100%
3,986,379.21
37 of 124
cashsba0630
7/27/2011
INSTITUTION
PNC Bank
TOTAL
CIT- Y-OF- SEBASTIAN -
SCHEDULE OF INVESTMENTS
6/30/2011
CERTIFICATES OF DEPOSIT
DA'Z'E OF PRINCIPAL
PURCHASE BALANCE
12/15/09 S -
S -
CURRENT
INVESTMENT ALLOCATION PERCENT BALANCE
General Fund 100.00% S
TOTAL $ -
Note: The last remaining Certificate of Deposit was cashed in at maturity on June 15, 2011.
cashsba0630
7/27/2011
MATURITY
YIELD DATE
2.956% 06/15/11
38 of 124
SCHEDULE OF INVESTMENTS
6/30/1011
CUSTODIAL ACCOUNT
General
YIELD TO
DATE OF
PURCHASE
MATURITY
CUSIP
ASSET. NAME
MATURITY
PURCHASE
PRICE
DATE
NUMBER
Stormwater Revenue
U.S. Treasury Note
0.5082%
11/30/10
$ 997,460.94
10/12/12
912828PD6
U.S. Treasury Note
0.4315%
12/08/10
1,004,852.34
05/31/12
912828NE6
U.S. Treasury Note
0.7917%
03/31/11
997,362.43
02/28/13
912828QK9
FNMA Note
0.5840%
12/08/10
1,012,840.00
07/30/12
31398AT77
FHLMC Note
0.6578%
12/08/10
999,434.17
12/28/12
3137EACQO
FHLB Note
0.8641%
03/31/11
1,003,892.22
03/27/13
313372RK2
TOTAL
$ 6,015,842.10
General
S 2,248,008.61
Local Option Gas Tax
50,060.95
Discretionary Sales Tax
602,478.99
DST Bond Reserve Account
1,012,840.00
Riverfront Community Redevelopment Agency
533,217.04
Recreation Impact Fee
666,322.76
Stormwater Revenue
200,243.79
Building
200,243.79
Cemetery Trust
502,426.17
TOTAL
cashsba0630
$ 6,015,842.10
39 of 124
f.MM zw ftYJdllfRi
To: Mayor and City Council
Thru: Al Minner, City Manager
From: Kenneth W. Killgore, Director of Finance
Date: August 17, 2011
Re: 3rd Quarter Accomplishments Fiscal Year 2011
Enclosed please find the 3rd Quarter Accomplishments for City Departments as assembled and edited by the Administrative
Services Department for the three months ended June 30, 2011.
CITY CLERK
Legislative Support Matters
• Prepared agenda packets and minutes for six Regular City Council meetings for a total of 17.25 hrs.
• 10 ordinances passed on first reading, two defeated at first reading, one adopted
• Five Council resolutions adopted
• Two official documents recorded w /Clerk of Court
• Coordinated with recipients for preparation and presentation of five proclamations
• Placed four courtesy meeting ads in the Press Journal
• Placed two legal notices in Press Journal
• Provided monthly City calendars and revisions to Council, city staff and press
• Provided monthly regional and county board meeting calendars to Council
• Prepared travel for three Council members to attend Annual FLC Conference
• Coordinated attendance of clergy for Council meeting invocations
• RPM created new electronic Council agenda format
Records Management Program
• Responded to 55 public records requests
• 56 boxes of records that reached retention or were scanned & 10 bags of duplicate and OSA records destroyed by
Shred -It Recycling - 40 trees saved
• Scanned into Laserfiche - 19 sets of minutes, 28 agenda packets, 5 Resolutions, 2 Ordinances, 16 agreements and
80 Cemetery files — 15 other documents
• 130 Building Contractor Files and Permit Folders with Plans scanned by the Building Dept.
Election Matters
• Quarterly reports received from one candidate and one committee in April
• Entered into Interlocal Agreement between SOE & City
Board Matters
• Provided secretarial services, prepared agendas and minutes for Treasure Coast Regional League of Cities meetings
in May in Port St. Lucie
• City Clerk and Deputy Clerk attended and recorded four Charter Review Committee meetings
• Filled 16 board vacancies
• Prepared five Certificates of Appreciation for presentation to board members by Mayor 40 of 124
• RPM attended and recorded three Natural Resources Board meetings
City Clerk attended and recorded one Budget Review Advisory Board meeting
• Deputy Clerk attended and recorded one Budget Review Advisory Board meeting
• RPM attended and recorded one Budget Review Advisory Board meeting
Cemetery Matters
• Certificates of Interment Rights issued for I8 locations for a total of $23,500.00
Community Matters
• Responded to 48 a -mails to the general City of Sebastian e-mail address or forwarded to appropriate departments
• RPM coordinated and worked at Annual Earth Day April 23
• All Participated in Community Shredding Day — May 21
PersonnellEducational Matters
• RPM attended FRMA Annual Conference to retain Records Management Certification
• All attended Records Webinar — April 1 I
• Clerk — FLC 2011 Legislative Update Webinar —May 31
ADMINISTRATIVE SERVICES
Finance
• Went through a request for proposal process for selection of a firm to conduct the required annual financial audit.
• Presented the 2 °d Quarter 2011 Budget Amendment to the City Council.
• Worked with departments to draft: the FY2012 Operating Budget and updates the Capital Improvements Program.
• Attended reviews by City Manager of budget request and updated drafts based on his direction.
• Conducted reviews of FY2012 Operating Budget and Capital Improvements Program with the Budget Committee.
• Handled normal processing of payroll, accounts payable and cashiering.
Human Resources
• Initiated discussions with collective bargaining representatives.
• Coordinated the quarterly employee investment meetings with ICMA.
• Recruited, interviewed, and hired replacements for vacant positions.
MIS
• Processed 758 work orders.
• Successfully rolled -out Sophos antivirus to all computers and servers.
• Managed to keep the network and all systems up and operational during restructuring.
Capital Projects
• Monitored and completed required grant paperwork on Airport and other grants.
• Monitored and approved payments on major contracts.
41 of 124
POLICE DEPARTMENT
Admiwistration
• Conducted interviews for reserve officers.
• Continued review of agency policies as per accreditation standards.
• Had mock assessment for accreditation.
• Assisted other agency in mock assessment for accreditation.
• Administration attended 7 City Council and Special Meetings.
• Attended over 50 law enforcement related meetings and 10 public meetings and/or speaking engagements.
• 43 incident reports processed/dispersed to proper agencies and entered it1lp IMC, .
Incidents Arrest
• Burglary 38 13
• Theft/Vehicle 17 3
• Thefts % 23
• Fraud 11 1
• Murder 0 0
• Drug/Narc /Equip 4 17
• Motor Vehicle Theft 3 0
• Domestic Violence 40
• DUI 10
• Special Detail: 23
• Calls for Service: 14,229
• Self - Initiated: 10,705
• Dispatched: 3,524
• Building Checks: 2,665
• Area Checks/Directive Patrol: 2,471
• Arrest Reports ( Juveniles) ................................... ............................... 13
• Arrests Reports ( Adults) ..................................... ............................... 122
• Accident Reports/Driver Exchanges processed, dispersed and entered into IMC.. 97
( 69 —Accidents 28 — Driver Exchanges)
• Traffic Citations processed and entered into IMC ....... ............................... 217
• (Civil — 160; Criminal — 27; Citation Arrests — 22; Voided - 8)
• Parking Citations processed, followed up and entered into IMC ..................... 24
• Warning Citations processed, followed up and entered into IMC ...................1,059
• Subpoenas signed, processed and distributed ............ ............................... 329
April — 97; May — 148; June - 84
• Fingerprinting Service: April-38; May-35; June-11 .................. 84
• Supplements ................................................... ............................... 75
• Traffic Enforcements ...................................... ............................... 1,084
• Red Notices ................................................. ............................... 76
• Public Record Requests: April — 128; May — 135; June — 100 .......... 363
Road Patrol
• Officers were dispatched to 3,524 calls for service, and self-initiated 10,705 events.
• 122 adult and 13 juvenile arrests were made.
• Officers issued 217 citations, 24 parking citations, and 1,059 written warnings.
• Officers completed 403 offense reports, 75 supplemental reports, 135 arrest reports, and 69 crash reports.
SSecial Operations
Citations Warnings Incidents Arrests
• Traffic Homicides (0)
• Boat Officers 8 16 10 2
• K -9 Officers (41/38/46/31) 193 140 16 12
• 15 K -9 Usage /Activity Reports:
• 360 K -9 Training hours
• 8 K -9 Demonstrations
• 2 K -9 Felony and 1 Misdemeanor Apprehensions
• 10 K -9 Narcotic Searches
42 of 124
Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to
deter crime and to maintain the community policing philosophy. Officers and sergeants maintain their skills by attending
mandatory and advanced training throughout the year.
Community Policinw Trainine
• Attended 18 business contacts/meetings. Such as numerous financial institutions, Chamber of Commerce, Substance
Awareness Council and other local businesses.
• Assisted road patrol duties to handle calls for service and covering shift shortages.
• Officer Marcinik completed approximately 64 hours on backgrounds for applicants.
• Officer Marcinik conducted 3 hours of car seat education to the public.
• Officer Marcinik also had 40 hours of community problem solving/intervention. This activity is responding to
various neighborhood issues and helping with crime prevention.
• Officer Marcinik had 5 hours of Recruiting. This includes phone calls and walk -in inquiries.
• Officer Marcinik gave 1 department tour. This was for a scout group.
• Officer Marcinik conducted a security survey for a resident.
Community Volunteer Unit
• The Community Service Volunteers worked a total of 1,984.5 hours during this quarter.
• 65 bank deposit details were made. This service is done for City Hall saving time for the employees by not having to
leave their assigned duties.
• 2 traffic control detail was assigned. These consist of directing traffic at city events, road closures, etc.
• 596 house watches/close patrols were completed.
• 119 vehicle transports were made consisting of taking the vehicles to different locations for repairs etc.
• 224 business checks were made. These business checks are done and help the patrol officers keep an eye on the
business community which cuts down on crime.
• 175 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime.
• 47 Airport checks were made. Again the visibility helps to deter crime.
• 69 special details were assigned.
• 7 miscellaneous assists for law enforcement personnel.
• 153 paper runs ie: State Attorneys Office, Sheriff's Office, etc. The volunteers pick up and deliver packages such as
council packages, State Attorney packets and what ever other items are needed.
• Assisted with traffic control on 2 traffic crash scene.
• 0 warning for handicapped parking ticket issued and 0 warning for other parking issued.
• 47 citizen contacts.
• 362 Miscellaneous jobs.
Training Unit
• Processed numerous schools for the department which totaled 270 course hours of training.
• Setting up and maintaining FDLE mandatory re- training for officer's certifications.
• Completed mandatory 40 hour training for all sworn members.
Investigations
• 50 cases were assigned. Numerous vehicle burglaries, residential burglaries, frauds, sexual battery, thefts, possession
of narcotics, stolen vehicle.
• 13 felony arrests were made.
• 16 cases being cleared.
• 7 cases were inactivated due to no leads.
• 43 reports/supplements were completed.
• 219 active cases are assigned.
• Detective Mills and Acosta attended Hostage Negotiator conference in June 2011.
Communications Division
• 14,229 calls entered into C.A.D. (IMC) of that
a 3,524 were dispatched calls for service
■ 1,530 were Code Enforcement Initiated calls
■ 8,401 were Officer Initiated calls
a 767 were Volunteer Initiated calls
■ 7 were initiated by civilians
• Total 911 calls received 2,066 of that:
a 1,436 were from cell phones
572 were residential and/or business land lines
43 of 124
• 58 were computer phones
■ 744 calls were transferred to other agencies
■ 149 hang -ups
■ 81 TDD used
• Incoming Admin Lines answered on black phones only are 7,425 of that:
■ 1,469 were transferred out of dispatch
■ 778 were abandoned
• Unknown total calls received on the Siemens phones.
• Equipment Repairs: Radio, Net Clock & 911 Phones
• Training attended:
• 2 Dispatchers attended FDLE Regional Work Group Meeting
• 1 Dispatcher terminated and I dispatcher resigned.
During this quarter as in all quarters, Communications /Records assisted the Citizens of Sebastian with house watch
requests and cancellation services, citation sign off's, information, phone numbers and other services by contacting
other Agencies and/or Departments for them. Communications takes and dispatches all non - emergency and
emergency phone calls, as well as requests for Law Enforcement, Code Enforcement and Volunteer services.
Communications assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to
citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any
other agency requests they may have as well as sending teletype messages to DHSMV, FCIC/NCIC and other Law
Enforcement Agencies regarding cases our agency is working. We also provide services to non - residents by
answering questions, giving phone numbers, referring them to the proper agency, etc. We also assist other agencies
with information and/or requests they may have.
Alarm Assessments
• $880.00 in alarm permits
• $50.00 in false alarms fines
• 130 alarm responses by officers.
• 35 New permits issued.
Code Enforcement Division
• Issued 358 written warnings. This range from grass and weeds too high, trailers parked in front of the property line,
trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc.
• 376 Code Violations.
• 441 Code Services.
• 561 re- inspections. 299 of the violations were complied with, 49 were not complied with, 120 were posted for
abatement, 81 abated by vendors.
• 304 Closed cases.
• 23 Liens filed. 45 releases of liens.
• 217 violation letters sent. For various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc.
In an attempt to gain compliance.
44 of 124
PUBLIC WORKS DEPARTMENT
Engineering
• Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents.
• Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth
Management.
• Reviewed for approval numerous FEMA / FIRM flood map revisions (in conjunction with Growth Management).
• Handled 6 new pool construction inspections.
• Handled 10 new home construction inspections.
• Handled 8 new home drainage permits.
• Handled 44 new fence permits.
• Set elevation for'' /. round project driveway pipes.
• Set elevation and grade for 7 road crossing pipes
• Coordinate with Growth Management on 1 FEMA applications.
• Designed 9 catch basins
• Miscellaneous - Worked with FPL on the installation of new street lights.
Traffic Division
• Regulatory signs - 26
• Warning signs &Rl -la -20
• Street signs — 20
• Temp signs — 154
• Specialty Signs — 59
• Pavement Markings — 480 ft
• Arrows — 20
• Legends (only, school, stop) - 3
• RPMs — 27
• Beacon Maintenance — 20 hours
• Straighten Posts — 203
• Painting/Gallons — 21
Roads and Maintenance
• Build the sign at Barber St.. sports complex.
• Edge and weed eat sidewalks, curb and gutter on Main St; Fleming St. Powerline Rd. and Orange ay.
• Set up stage in Fellsmere.
• Help replant the tree at City Hall at fell over in the storm.
• Haul stumps for the Airport.
• Haul mulch for Parks.
• Build catch basin for Milton ay.
• Install new side board on unit 14.
• Mark elec. for the shed at the airport:
• Build catch basin for Genesee Avenue
• Placed Dirt on edge of roads throughout the city.
• Repair potholes throughout the city.
• Repair sidewalk at the Golf Course.
• Install new light pole across from Chillen and Grillen.
• Trim trees at the airport.
• Install new bollards around the two light poles by Chillen and Grillen on Indian River Dr.
• Cut pepper trees out of the ditch at Faith Terrace and South Wimbrow dr.
• Build four new water coolers for the Golf Course.
• Clean up tree trimmings after the ditch cutting crew.
• Pick up tree trimming at the Fire Station.
• Repair Main St. dock.
• Remove palm tree from the rear ditch at 901 Devon St. and dead pines from Blossom dr. right of way.
• Repair street light by Squid Lips.
• Clean up city right of way on Valencia St. in Orange Heights.
• Trim trees off the roads throughout the city.
• Work on striping project.
45 of 124
• Get the well head repaired at 401 Tulip dr.
• Clean concrete off UsI after the concrete truck.
• Repair in front of the driveways on Degan PI.
• Repair the sidewalk at Perwinkle dr.
• Help set up for the Easter egg hunt.
• Help the City Garage take and pick up vehicles.
• Haul concrete for Jack.
• Cut all bridge approaches throughout the city.
• Clean up glass on the road at Carnation Dr.
• Clean up the alleyway at 282 Delaware Ave.
• Cut all ditches on Indian River Dr.
• Repair sidewalks on North Barber St.
• Clean up after the Barber St project.
• Clean up after the paving company left Asphalt on the road at Easy St. and S Wimbrow.,
• Edge road and the bridges back for the stripping company.
• Cut around the guardrails throughout the city.
• Build catch basin for Herndon St.
• Help Parks install fence at Bryant Ct.
• Weed eat ditch at Nupack and 512.
• Weed eat and mow ditch at the Golf course.
• Install bricks at the clock.
• Fill and grade parking lot and fix the walking trail at Hardee Park.
• Remove trash from the Cemetery.
• Weed eat along the railroad tracks at Schuman Dr.
• Weed eat the ditch at Empress Dr. and Dahl Ave.
• Edge and weed eat curb and gutter on Fleming St.
• Haul dirt from the Fisherman Landing.
• Help Parks with elec at Blossom Park.
• Remove pepper trees from the ditch bank between Melrose Ave.and Autumn Ter.
• Clean up the big building.
• Install new catch basin grates on Ponoka St.
• Pick up dead animals throughout the city.
• Repair parking stops throughout the city.
• Edge, weed eat and mows along the seawall.
• Sand and repair pavilions at Riverview Park.
• Repair the retention ponds at main St Boat ramp.
• Help Golf Course with an elec problem.
• Mow and clean up trash in the retention ponds on Day Dr. and Schumann Dr.
• Cut along the seawall on Layport Dr. and Wimbrow Dr.
• Cut trees off the Island for the fireworks.
• Training on the Bucket truck.
• Repair the corner at Palm Ave and Fleming St.
• Repair school crossing lights.
• Dirt on the edge of roads throughout the city.
• Weed eats ditches, Curb, gutter and sidewalks on Indian River Dr and all the side streets for the 4n' of July.
• Check elec. in the park for the 4th of July.
• Set up for the 4h of July.
• Build new barricades for the 4's of July.
• Replace the rope at Riverview Park Flag pole.
• Finish elec. at Blossom Park for the new fountain.
• Cut new board for Hardee Whir.
• Sweep streets throughout the city 200 miles, 7 dumps and 12 loads of water.
46 of 124
Parks asd Recreation
• Installed 4140 new shrubs at Main St. Boat Ramp & P. D. to replace shrubs killed by frost.
• Set up stage and prepped Riverview Park for 4 Concerts in the Park
• Set up stage for High School Graduation, Fellsmere Day & Fellsmere Elementary
• Replaced pump, repaired irrigation and removed dead trees on U.S. 1 medians damaged by traffic accidents.
• Installed new pitcher rubbers, home plates on all baseball fields, prepped fields for playoffs, repaired 2 scoreboards,
irrigation, wiring & capacitors for lights, fences, 2 rims and removed graffiti on: playground & press boxes at the
Barber St. Sports Complex.
• Repaired resident's fence and screen enclosures behind Barber St. Sports Complex.
• Set up for Earth Day and Memorial Day ceremony.
• Set up and ran Easter Egg Hunt.
• Repaired fence around playground, irrigation heads, playground and replaced fountain pump at Riverview Park
• Installed new playground, swing set, benches and picnic tables at Hardee Park.
• Replaced 4 basketball nets, repaired water fountain, fence and lights at Schumann Tennis Park.
• Installed split rail fence around Bryant Court Park
• Installed mulch and repaired turf damage done by hogs at Friendship Park.
• Started renovation and enlarging north football field at BSSC.
• Set up for Special Olympics torch run and Friendly Tennis Club picnic at Friendship Park.
• Added mukh and repaired irrigation at Boys & Girls Club.
• Cleaned fountain, installed new dog waste dispenser and picnic table at Easy St. Park.
• Repaired pump & gazebo at Garden Club Park
• Roto tilled walking trail at Filbert & George St. Parks
• Removed 4 dead trees from Periwinkle Park.
• Replaced 6 parking stops at Main St. Boat Ramp lot.
• Repaired fence and removed dead trees at Community Center.
• Mowed fire breaks, repaired stairway & hand rail and removed metal shed from Stormwater Park
• Moved old Skate Park shed to airport for equipment storage.
• Repaired fence & gate at Blossom Park
• Continued regular maintenance.
Cemetery
• The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging.
• Fertilized and applied weed killer.
• Made necessary irrigation repairs.
• Installed all necessary memorial plaques.
City Garage
• The Fleet Maintenance Staff completed 146 repair work orders and 28 Preventative Maintenance services.
• In addition to the in -house vehicle /equipment work orders, 40 vehicle and equipment repairs were scheduled and
completed by outside vendors. These repairs were needed due to a large backlog of overdue vehicle repairs and PM
services.
• The Fleet staff has completed the first phase of exchanging the obsolete repair parts inventory for good/useable repair
parts (deleted $380 of obsolete inventory in exchange for $502 of useable repair parts).
• The use of governmental contacts and purchasing programs has been expanded, by the City joining the US Communities
Purchasing Program. This gives the City access to the following Fleet/Rental Contracts and purchasing programs:
• Hertz Equipment Rental ...Backup equipment rental for emergencies and hurricanes (rental contract FEMA
approved) and to reduce future Capital Equipment expenses.
• Autozone... Contract to purchase auto /light truck repair parts.
• The Fleet Management Division has completed the following projects in the past quarter:
• (2) Safety Meetings... April 4 & June 9, 2011
• (1) Mechanic training course (Fuel System Service) 6/18/2011
• Repaint Program (Ford Factory Warranty) on 4 Police Cars (31,32,62,63) Saving to City $7800.
• Annual Aerial Inspection Program, (Bucket Truck, Forklift, Scissor Lift).
• Fuel Costs as of July 1, 2011:
• $3.45 per gallon gasoline, a decrease of 1.15% over the past 30 days
• $3.53 per gallon of diesel fuel, a decrease of 4.5% over past 30 days
47 of 124
Facilities Maintenance
• Quarterly testing of sprinkler systems at City HAIL and PD and Lopresti hangar
• Replaced burned out condenser fan motor on roof top # 1 at PD.
• Prepared 2011 -2012 budget package.
• Emptied MIS directors office, shampooed carpet and repainted.
• Moved Barbara Brookes into M.I.S. directors office, repainted and shampooed carpet in her old office
• Set up and broke down council chambers for various meetings
• Assisted Admin Services and Appraisal Co on Appraisals of city buildings
• Updated, callout list-for fire and security alarms with MIS and Complete alarm
• Annual Inspection and testing of elevators at C.H. and School
• Renewed elevator licenses for city hall and school
• Annual recertification of all city fire extinguishers
• Repaired Freon leak on R.T. U. #2 City Hall
• Replaced blower wheel, shaft and bearings on R.T. U. #I City hal ]
• Pumped septic tank at Riverview Park for 4"' of July
• Repainted A.V. room City Hall
• Installed new air conditioner in Cemetery office
• Repaired Freon leak in north wall pack A.C. at Community Center.
• Rewaxed the floor at the Community Center
• Repaired roof Leak at Golf Course
• Completed 41 work orders
Stormwater
• Driveway replacements 4I
• Pipe replacements 2595 LF
• Catch basins built and installed 10
• Road crossings repaired —8
• Cut back Mowing with long arm —
• Units land 2, north of 512
• Unit 17 retention areas
• Golf course perimeter cut back
• Completed the slip lining of three major pipe crossings — Airport Dr East , Main Street and Tulip Drive
• Supervised contractor with drainage project on Potomac
48 of 124
COMMUNITY DEVELOPMENT
Planning and Zoning
• Submitted request for FY2012 operating budget.
• Site Plan Reviews (major, minor and administrative)
• Subdivision and PUD Reviews
• Annexations
• Land Use and Zoning changes
• FEMA:
• Flood zone determinations
• LOMR (Letter of Map Revision) Applications
• Code Amendments:
• Land Development
• Comprehensive Plan
• Discussions/Workshops
• Zoning Applications
• Variances
• Conditional use permits
• Overlay District waivers
• Special events/Temporary use permits
• Accessory Structures (over 500 sq. ft.)
• Model home permits (new & renewals)
• Sign permits
• Release of Unity of Titles
• Abandonment of Easements
• ROW Dedications
• Residential /Commercial Inspections:
• Final tree inspections
• Land clearing permits
• Tree Removal permits
• Dewatering
• Erosion & Sediment
• 5' Code Enforcement Nuisance
• Final P &Z (New Construction)
• Fill/Excavation
• Comprehensive Plan
• Recycle Bins
Building Department
• Jn the third quarter of this fiscal year I 1 new single - family homes were issued building permits. This number is
slightly less than the 13 homes that were permitted in the previous quarter. This steady flow of new homes has kept
the building department busy and has provided much needed additional revenue to the department. Other permits of
significance were 1 new commercial building for the new Sebastian Junior Charter School, 3 commercial alterations
and 3 residential additions. In all, 484 building permits were issued in the third quarter. Over all permitting activity
has decreased slightly with 54 less permits than the second quarter.
• Total number of inspections for the second quarter was 1344 for an average of 22 inspections per working day. The
number of inspections this quarter has increased slightly from second quarter mainly due to the increase in
residential permitting activity in the second and third quarters.
• The building department brought a case to the Construction Board involving a disciplinary action against a state
licensed Solar Contractor. The complaint involved repeated code violations for doing work without permits in the
city and letting issued building permits with code violations expire. This action was taken as a last resort after many
repeated attempts to resolve these issues with the contractor. The Construction Board ruled to temporarily suspend
permitting privileges and assess administrative fines as provided for by the City Code of Ordinances. The
Construction Board's findings were forwarded to the State Licensing Board as required by State Statute. The
Building Department has been instrumental in helping two affected parties in the city to obtain the necessary
documentation from the contractor that would allow the homeowners to pull their own permits and gain code
compliance on their properties while the contractor remains on suspension.
49 of 124
• The following list of Business Tax Receipts were issued in the third quarter: New Businesses -37, Renewals -8,
Transfers -4, Duplicates -0, Home Based Businesses -17, Commercial Businesses -19, Insurance Companies -5,
Solicitor Permits -23. Business Tax Receipts have decreased slightly as compared to the previous quarter.
Airport
• Conducted operations at the Airport in accordance with FAA and FDOT compliance.
• Submitted capital improvement plans.
• Submitted FY2012 operating budget request.
• Monitored and executed tenant lease agreements
• Responded to questions and complaints from Airport users and other parties.
• Did mowing, herbicide treatments and lighting system maintenance.
• Cleared and maintained runway approaches and performed daily inspections.
• Supervised runway maintenance and Scrub Jay mitigation/habitat conservation.
Economic Development
• Coordinated activities of the Airport, Building Department and Planning and Zoning
• Began review of established policies and procedures
• Considered best management practices to accomplish the department's goals and objectives.
GOLF COURSE
• Total revenue for 3`d quarter: $288,057.
• Golf Rounds for 3'd quarter: 10,890, an increase of 392 over fiscal 09 -10 3`d quarter.
• Green Fee revenue for 3`d quarter: $103,790, an increase of $127 over fiscal 09 -10 3'd quarter.
• Cart Fee revenue for 3rd quarter: $145,708, an increase of $781 over fiscal 09 -10 3rd quarter.
• Golf shop revenue for 3`d quarter: $17,537.
• Driving range revenue for 3`d quarter: $9,962, an increase of $302 over fiscal 09 -10 3`d quarter.
• Discount Card revenue for 3`d quarter: $295, an increase of $140 over fiscal 09 -10 3`d quarter.
• Club Rental & Club Storage revenue for 3`d quarter: $718, an increase of $181 over fiscal 09 -10 3`d quarter.
• Computerized golf handicap revenue for 3`d quarter: $140.
• Rents & Royalty revenue for 3`d quarter. $7,682.
■ Professional golf lesson revenue for 3`d quarter: $571.
• Annual Membership /Initiation revenue for 3`d quarter: $1,622.12.
• Charity, Corporate and special Golf Tournaments for 3`d quarter included Sebastian River Middle School Band (20
players), Harris Corporation (112 players), Sebastian River Chamber of Commerce (100 players), Brevard Rugby
(132 players), Sebastian River High School Athletic Fundraiser (24 players), Sebastian Oriels (72 players), Eagles
Nest Benefit Tournament (114 players) and The No Name Bar Tournament (52 players).
• Charity, Corporate and special Golf Tournaments scheduled for 4`h quarter include Sebastian River High School
Touchdown Booster Club Tournament, North Indian River County Republican Club Golf Tournament and Sandy's
Grille Golf Tournament.
• Donated rounds of golf and/or golf course merchandise to numerous charitable fundraisers and events. By donating
to worthy causes, SMGC provides key support to numerous community endeavors.
• In June, started summer junior golf clinics, which were conducted each Thursday afternoon. Averaged 22 juniors
per session.
50 of 124
MY OF
SEBASTIM
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
Subject: Bid Award & Agreement for
Design -Build construction services for
Airport Wind Turbine Facility
Submittal by:
City Manager
Agenda No. l 1 • 11-5
Department Origin: Municipal
Airport Director: J. Griffin
Admin. Services: D. Krueger
Finance Director: K. Killnor-e-
City Clerk: S.A. Maio
City Attorney: R. A. (
Date Submitted: 17 August 2011
For Agenda of: 24 August 2011
Exhibits: 1. Bid package w /Supplement; 2. Bid Results; 3. FDOT approval;
3. Picture & Warranty; 4. Design-Build Services Agreement
EXPENDITURE BUDGET REMAINING: APPROPRIATION
REQUIRED: $52,371.92 $201,816 1 REQUIRED: -0-
SUMMARY
On January 14, 2009, City Council approved a Joint Participation Agreement (JPA) with the
Florida Department of Transportation (FDOT) that would provide grant funding for the purpose of
constructing a hangar at the Sebastian Municipal Airport (SMA). Ahrens Enterprises was
subsequently awarded the bid for construction of Hangar "B" and, as part of that contract, a 6kw
vertical wind turbine facility was included. The product submission by Ahrens proved to be
substandard and, subsequently, was rejected. A $34,710 credit for that portion of the project was
returned to the city by Ahrens. Airport staff published a bid for a 6kw wind turbine facility at the
airport. That bid closed in May. The low bidder's product proved to be deficient in its payback
time and did not meet the power requirements of the bid. That bid was rejected as a
recommendation. Staff moved to the next lowest bid, AFCO Constructors (hereinafter AFCO) of
Boca Raton, FL. AFCO's bid of $52,371.92 is for a 7.5kw system at the airport site. P &Z approved
the project on June 16, 2011.
RECOMMENDED ACTION
1. Award AFCO the contract for the Design -Build of a Wind Turbine Facility at the
Sebastian Municipal Airport.
2. Authorize the expenditure of $52,371.92 to AFCO for Design -Build services for
construction of a Wind Turbine Facility at Sebastian Airport.
51 of 124
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST -- SEBASTIAN, FL 32958
PHONE 772 -228 -7013 -- FAX 772 - 228 -7078
i iffing,cityofsebastian.org — www.sebastianairport.org
NOTICE OF INVITATION TO BID
SEALED BIDS FOR A LICENSED CONTRACTOR TO PROVIDE
ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET,
SEBASTIAN, FLORIDA 32958, UNTIL 2 :00 PM ON FRIDAY, MAY
13, 2011. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS:
BID: AIRPORT WIND TURBINE FACILITY
BID OPENING: FRIDAY MAY 13, 2011, beginning at 2:00 P.M.
The City of Sebastian is seeking bids from licensed contractors to provide DESIGN
BUILD SERVICES FOR INSTALLATION OF A VERTICAL WIND
TURBINE FACILITY at the Sebastian Municipal Airport located in the City of
Sebastian.
The Contractor shall be able to be properly licensed in die City of Sebastian and
shall provide proof of insurance to conduct its business, Midi all licenses, permits, &
certificates as may be required by all local, State of Florida, and Federal Agencies.
The Contractor shall submit a current license from the State of Florida or must be
capable of obtaining the appropriate licenses and certificates to perform die project
in the City of Sebastian.
The successful bid contractor will demonstrate their ability to design, permit, and
install a vertical wind turbine system capable of providing, NO LESS THAN, a 6
kwli, system that will backfeed into the power grid. All necessary Florida Power &
Liglit (FPL) approvals and meter connections are the responsibility of the
52 of 124
contractor. This proposed system will be used for security street lighting for Hanger
"B" new construction at the airport.
Any person or affiliate who has been placed on the convicted vendor list following
conviction for a public entity crime may not submit a bid as proscribed by Section
287.133, F.S.
All questions concerning this bid should be directed to Joe Griffin, Airport
Director, City of Sebastian, 202 Airport . Drive East, Sebastian, FL 32958; phone:
772- 228 -7013; e-mail: Jgrilfin@cityofscbastian.org All comments need to be
submitted by May 1, 2011.
There is a mandatory pre bid conference scheduled to begin at 10:00 A.M. on
Wednesday, May 4, 2011, at the Airport Administration Building, 202 Airport
Drive East, Sebastian, FL 32958. The meeting will be followed by a field visit and
further explanation of scope of work.
Bids duly submitted will be publicly opened and read aloud at the date and time
specified above in the City Hall Council Chambers. The City reserves the right to
reject any and all bids, or to accept any bid or portion thereof deemed to be in the
best interest of the City, and to waive any non - substantial irregularities.
BY: ,Joe Griffin
Airport Director
City of Sebastian
53 of 124
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST — SEBASTIAN, FL 32958
PHONE 772 - 228 -7013 -- FAX 772 - 228 -7078
1griffinr4cltvofsebasdan.gM -- www.sebastianairport.org
BID SUPPLUVIENT #1
NOTICE OF INVIrI'ATION TO BID
SEALED BIDS FOR A LICENSED CONTRACTOR TO PROVIDE
FUR A VElt f1UAL WIND TURBINE FACILITY WILL BE
ACCEPTED BY THE CITY OF. SEBASTIAN, 1225 MAIN STREET,
SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM ON FRIDAY, MAY
13, 2011. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS:
BID: AIRPORT WIND TURBINE FACILITY
BID OPENING: FRIDAY MAY 13,201 L beginning at 2:00 P.M.
The City of Sebastian is seeking bids from licensed contractors to provide DESIGN
BUILD SERVICES FOR INSTALLATION OF A VERTICAL WIND
TURBINE FACILITY at the Sebastian Municipal Airport located in the City of
Sebastian.
The Contractor shall be able to be properly licensed in the City of Sebastian and
shall provide proof of insurance to conduct its business, with all licenses, permits, &
certificates as may be required by all local, State of Florida, and Federal Agencies.
The Contractor shall submit a current license from the State of Florida or must be
capable of obtaining the appropriate licenses and certificates to perform the project
in the City of Sebastian.
The successful bid contractor will demonstrate their ability to design, permit, and
install a vertical wind turbine system capable of providing, NO LESS THAN, a 6
kwh, system that will backfeed into the power grid. All necessary Florida Power &
Light (PPL) approvals and meter connections are the responsibility of the
54 of 124
contractor. This proposed system will be used for security street lighting for Hanger
"B" new construction at the airport
Any person or affiliate who has been placed on the convicted vendor list following
conviction for a public entity crime may not submit a bid as proscribed by Section
287.133, F.S.
All questions concerning this bid should be directed to Joe Griffin, Airport
Director, City of Sebastian, 202 Airport Drive East, Sebastian, FL 32958; phone:
772 - 228 -7013; e-mail: jgtiffn@cityofsebastian.ortr All comments need to be
submitted by May 1, 2011.
There is a mandatory pre -bid conference scheduled to begin at 10:00 A.M. on
Wednesday, May 4, 2011, at the Airport Administration Building, 202 Airport
Drive East, Sebastian, FL 32958. The meeting will be followed by a field visit and
further explanation of scope of work.
Bids duly submitted will be publicly opened and read aloud at the date and time
specified above in the City Hall Council Chambers. The City reserves the right to
reject any and all bids, or to accept any bid or portion thereof deemed to be in the
best interest of the City, and to waive any non - substantial irregularities.
BY: Joe Griffin
Airport Director
City of Sebastian
55 of 124
aNOf
HOME. OF PEUCAN ISLAND
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST — SEBASTIAN, FL 32958
PHONE 772 - 228 -7013 —FAX 772 - 228 -7078
iRdffin a.ciriofsebastian.or¢ — www.sebastianairport.org
MEMORANDUM
TO: Bid Participants
RE: Airport Wind Turbine Bid
DATE: 4 May 2011
Thank you for participating in the City's pre -bid conference for construction of an
Airport Wind Turbine Facility.
This project is a Design - Build. The attached Bid Supplement #1 will provide
(mostly) administrative guidelines for bid submittal. The project is located next to
new Hangar construction at the Sebastian Municipal Airport. A site plan is
enclosed in the package. I have provided the complete soil boring report from the
hangar project.
A successful proposal will include the design -build of a vertical wind turbine
facility that has a minimum (no less than) 6kw capability. The `footprint' of the
facility must be within the designated area depicted on the site plan. The overall
height of the facility cannot exceed 19 feet. The turbine(s) must "backfeed" to the
FPL system. Permits are the responsibility of the contractor. Proposals must
include a pro -forma (spreadsheet) indicating the rate of return on the City's
investment in the project. The useful life of the turbine(s) must also be included.
The `questions' deadline is Friday, May 6, 2011. Please submit questions by e-
mail: iizriffin(a7cityofsebastian.org
Joe Griffin
Airport Director
56 of 124
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REPORT OF
GEOTECHNICAL EXPLORATION
PROPOSED AIRCRAFT HANGAR `B"
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST
SEBASTIAN, FLORIDA
FOR
AHRENS COMPANIES
1461 IENETIC ROAD
LAKE PARK, FLORIDA 33403 -1911
PREPARED BY
NUTTING ENGINEERS OF FLORIDA, INC.
615 SW BILTMORE STREET
PORT ST. LUCIE, FLORIDA 34983 58 of 124
ORDER NO. 253.2
Based on current site elevations, we estimate that one to two feet of fill may be required to bring
the site up to construction grade; however, the final building pad elevation shall be determined
by a professional architect, civil engineer, or other qualified party.
NE should be notified in writing by the client of any changes in the proposed construction along
with a request to amend our foundation analysis and/or recommendations within this report as
appropriate.
GENERAL SUBSURFACE CONDITIONS
Soil Survey Maps
As part of the geotechnical exploration, we have reviewed available Soil Conservation Service
(SCS) survey maps for Indian River County. These SCS maps provide qualitative information
about potential general shallow soil conditions in the project vicinity. This information was
derived from approximately 6 ft. deep manual auger borings, aerial photo and surface feature
interpretation at some point in the past (mid 1980's to early 1970's). The SCS data may or may
not reflect actual current site conditions. As indicated in the Indian River County Soil Survey
Map the soils at this site consist of Myakka sand. This series can be described as nearly level,
poorly drained, deep, sandy soil that has a dark colored layer, weakly cemented with organic
matter, above a depth of 30 inches. It is in broad, flatwoods in the eastern part of the survey area.
These soils were naturally formed in deep sandy marine sediment. We note that the maximum
depth of the survey is six feet.
Estimated Wet Season Water Table
Review of test borings indicate that that a dark reddish brown to black zone exists within the
borings from 30 inches to 36 inches below the existing ground surface. In some locations this
zone is more clayey in nature with fine roots. The reddish brown sands contain some colloidal
organics within them.
Based on review of all of the information above while utilizing the soil science method for water
table determination, the estimated wet season water table can be estimated at approximately 30
inches below the existing grade.
We note that this estimate is based upon using the United States Department of Agricultural Soil
Conservation Service method of wet season water table estimation. 711us method does not take
into account any recent drainage designs in the area, possible public well draw down zones, as
well as other factors that may have changed or will change the long -term wet season water table.
If these factors are an important aspect for the design, discussions need to be held with all
interested parties including representatives of the St. Johns Water Management District, in order
to better estimate the wet season water table.
Nutting
�U
of Florida Inc1 Established 1967
59 of 124
Subsurface Exploration
NvTnNG ENGINEERS OF FLORIDA, INC. was requested to perform six Standard Penetration Test
(SPT) borings (ASTM D -15$6) to depths of twenty feet below land surface. The locations of the
test borings are indicated on the individual test boring reports presented in the Appendix of this
report. The boring locations were identified in the field using approximate methods; namely, a
measuring wheel and available surface controls. As such the soil boring locations should be
considered to be approximate.
Test Boring Results
In general, the soil boring locations evaluated recorded a surface layer of loose to medium dense
light gray to brown sand in the upper two and a half to three feet underlain by medium dense dark
reddish brown to black sand with some colloidal organics (hardpan) to a depth of five feet. From
five to eight feet loose to medium dense brown sand and clayey sand was encountered. Below
eight feet medium dense to loose light brown and light gray sand was encountered to a depth of
twenty feet, the maximum depth explored. Please see the enclosed soil classification sheet in the
Appendix of this report for additional important information regarding these descriptions, the
field evaluation and other related information.
Note: Substantially different subsurface conditions may exist at other areas of the site. Buried
debris may or may not be identified or adequately delineated by soil borings. Test pit excavation
can provide more insight into such conditions and rock lithology if present. Such conditions may
be revealed during site development activities (e.g. proof rolling, utility & foundation excavation
activities) or other related activities. Should additional assurance be desired by the client, further
subsurface investigation could be performed.
Groundwater Information
The immediate groundwater level was measured at the boring location at the time of drilling.
The groundwater level was encountered at approximately four feet below the existing ground
surface at the time of drilling.
The immediate depth to groundwater measurements presented in this report may not provide a
reliable indication of stabilized or more long term depth to groundwater at this site. Water table
elevations can vary dramatically with time through rainfall, droughts, storm events, flood control
activities, nearby surface water bodies, tidal activity, pumping and many other factors. For these
reasons, this immediate depth to water data should not be relied upon alone for project design
considerations.
NU
r Nkrr x 4
of Rorlda Inca Established 1467
60 of 124
ANALYSIS AND RECOWAENDATIONS
The borings performed for this project revealed that the site may be prepared using conventional
site preparation and compaction techniques as described herein. Once the site is successfully
prepared in accordance with the recommendations presented in this report, the site may be
developed with the proposed hangar "B" using a shallow foundation system designed for an
allowable soil bearing pressure of 2,500 pounds per square foot. Once plans are finalized for the
proposed construction, a copy should be provided to Nutting Engineers for review to determine
whether additional details or changes to our recommendations are warranted. All work should be
completed in accordance with applicable building codes, other regulations as appropriate, and
good standard local practice.
We recommend a minimum width of 20 inches for continuous footings and 24 inches for
individual footings, even though the soil bearing pressure may not be fully developed in all cases.
We recommend that the bottom of footings be at least 12 inches below the lowest adjacent
finished grade.
It is our opinion that the floor slab system may be constructed as a slab on grade. We recommend
that a vapor barrier be placed between the soil and concrete. We also recommend that the
reinforcing steel mesh be placed at the approximate center of the slab for tensile support.
Settlement Analysis
We performed a settlement evaluation based upon a hypothetical improved soil profile following
completion of the compaction using a moderately sized vibratory compactor for the construction.
This method should improve the soils to provide an allowable bearing capacity of 2,500 pounds
per square foot. It was estimated that upon proper completion, long -term total settlements should
be on the order of less than approximately one inch. Differential settlements should be
approximately one -half of the total settlement. Distortions that occur along wall footings should
not be more than 1 in 500. Most of this settlement should occur upon the application of the dead
load during construction.
Site Preparation
The surf cial organic soils, debris from the clearing operations, remnants of the existing
construction, any unsuitable soils as determined by the Geotechnical Engineer will need to be
completely removed within the construction area and to a lateral distance of at Ieast 5 feet beyond
the footprint limits and potentially further based upon depth. A Nutting Engineer's representative
should be present to observe that the stripping operations are performed as we have discussed
herein.
'
Nutting
•., :
of Florida {nc I Established 1967
61 of 124
Upon approval by the geotechnical engineer, the stripped surface (no fill added at this time)
should then be thoroughly soaked with water and compacted with at least 20 overlapping passes
of a vibratory compactor having a minimum dynamic force of 5 tons operated no faster than at a
slow walking pace. The roller coverage's should be equally divided into two perpendicular
directions. The compaction operations must be observed by a representative of Nutting
Engineers.
In addition, the surface should also be compacted until a density equivalent to at least 95 percent
of the modified Proctor maximum dry density (ASTM D -1557) is achieved to a depth of at least
12 inches below the compacted surface.
Any structural fill needed to bring the site to construction grade may then be placed in lifts not
exceeding twelve inches in loose thickness. Each lift should be thoroughly compacted until
densities equivalent to at least 95 percent of the Modified Proctor maximum dry density are
uniformly obtained. Fill should consist of granular soil, with less than 10% passing the No. 200
sieve, free of rubble, organics (5% or less) clay, debris and other unsuitable material.
The fill should have ASTM designation (D -2487) of GP, GW, SP, or SW, with a maximum
particle size of no more than 3 inches or as otherwise approved by Nutting Engineers.
Following site and building pad construction as discussed above, the foundation area should be
excavated and the footings formed.
The bottom of foundation excavations should be compacted after excavation to develop a
minimum density requirement of 95 percent of the maximum modified Proctor dry density, for a
minimum depth of two (2) feet below the bottom of the footing depth, as determined by field
density compaction tests. The floor slab area should also be compacted in the same manner.
Pavements
Pavement areas should be compacted to a minimum of 98 percent of the modified Proctor
maximum dry density to a depth of at least 12 inches below the subgrade level. We recommend
that stabilized subgrade having a minimum Limerock Bearing Ratio (LBR) of 40 be placed to a
depth of approximately one foot below the base course. The base course will range from
approximately 6 to 8 inches, and should have a minimum LBR of 100. Based on the soil borings
performed, material will need to be imported to the site in order to prepare the base and sub -base
course. A professional civil engineer should also provide details concerning the pavement
design.
tj' F
:I �TI� � I. 6
of Florida Inc Established 1967
62 of 124
GENERAL INFORMATION
Our client for this geotechnical evaluation was:
Mr. Allan Ball
Ahrens Companies
1461 Kenetic Road
Lake Park, Florida 33403
The contents of this report are for the exclusive use of the client and the client's design team for
this specific project exclusively. Information conveyed in this report shall not be used or relied
upon by other parties or for other projects without the expressed written consent of Nutting
Engineers of Florida, Inc. This report discusses geotechnical considerations for this site based
upon observed conditions and our understanding of proposed construction for foundation
support. Environmental issues including (but not limited to), soil and/or groundwater
contamination, environmental issues related to fill, methane, and other environmental
considerations are beyond our scope of service for this project. As such, this report should not be
used or relied upon for evaluation of environmental issues.
Benefit may be realized by the performance of exploratory test pits on the site to develop
additional subsurface information. The client may wish to consider performance of test pits on
this project to supplement information already developed.
Prior to initiating compaction operations, we recommend that representative samples of the
structural fill material to be used and acceptable in -place soils be collected and tested to
determine their compaction and classification characteristics. The maximum dry density,
optimum moisture content, gradation and plasticity characteristics should be determined. These
tests are needed for compaction quality control of the. structural fill and existing soils, and to
determine if the fill material is acceptable.
If conditions are encountered which are not consistent with the findings presented in this report,
or if proposed construction is altered or moved from the location investigated, this office shall be
notified immediately so that the condition or change can be evaluated and appropriate action
taken.
The vibratory compaction equipment may cause vibrations that could be felt by persons within
nearby buildings and could potentially induce structural settlements. Additionally, preexisting
settlements may exist within these structures that could be construed to have been caused or
worsened by the proposed vibratory compaction after the fact. Pre - and post conditions surveys
of these structures along with the vibration monitoring during vibratory compaction could be
performed to better evaluate this concern. The contractor should exercise due care during the
performance of the vibratory compaction work with due consideration of potential impacts on
Nuking
7
of Florida Inca Established 1967
63 of 124
existing structures. If potential vibrations and impacts are not considered tolerable, then alternate
foundation modification techniques should be considered.
Nutting Engineers of Florida, Inc. shall bear no liability for the implementation of recommended
inspection and testing services as described in this report if implemented by others. Nutting has
no ability to verify the completeness, accuracy or proper technique of such procedures if
performed by others.
Excavations of five feet or more in depth should be sloped or shored in accordance with OSHA
and State of Florida requirements.
The Geotechnical Engineer warrants that the findings, recommendations, specifications, or
professional advice contained herein, have been presented after being prepared in accordance
with general accepted professional practice in the field of foundation engineering, soil mechanics
and engineering geology. No other warranties are implied or expressed.
We appreciate the opportunity to provide these services for you. If we can be of any further
assistance, or if you need additional information, please feel free to contact us.
Sincerely,
77G 7E 7/ OFF RIDA, INC.
r
A/1
E. Gw rek, P.E. Richard C. Wohlfarth, E. #50858
leer Director of Engineering
Appendix: Boring Location Plan
Test Boring Results
Limitations of Liability
Soil Classification Criteria
REP AHRENS SEBASTIAN AIRPORT HANGAR B CEG
:r Nuttin
of Florida Inc EstabBshed 1967
64 of 124
Huning 1310 Neptune Drive BORING NUMBER B -1
Boynton Beach, F133426 PAGE I OF 1
Engineers Telephone: 581- 738 -4 900
o1RwW°Encl�na"hed1967 Fax: 561- 737 -9975 ..
PROJECT NUMBER 253.2
CLIENT Ahrens Companies PROJECT NAME Sgbastian Municipal Airport Aircraft Hanger" "
PROJECT LOCATION 202 Airport Drive East Sebastian, FL
DATE STARTED 1/31/11 COMPLETED 1/31/11 SURFACE ELEVATION REFERENCE @ Road Crown
DRILLING METHOD Standard Penetration Boring GROUND WATER LEVELS:
LOGGED BY T. Simmons CHECKED BY C. Gworek SAT TIME OF DRILLING 4.0 ft
APPROXIMATE LOCATION OF BORING 19'W, of E. corner of proposed Hanger B
t�
♦ SPT N VALUE
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10 20 30 40
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Blows
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20 40 60 80
Grass at surface, light gray brown quartz line SAND
SS
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7
Light gray quartz fine SAND
SS
2
13.14-11.14
25
Q Dark brown quartz fine SAPID with brittle colloidal organics (hard
pan)
5
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Sllghty silty tan quartz fine SAND
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Disclalmer Nutting Engineers of Florida Inc. accepts no liability for the consequences of the independent intemretation of drilling logs by others.
1310 Neptune Drive BORING NUMt3tt2 li -1
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Boynton Beach
PACE 1 OF 1
Engineers Telephone: 561 735
.r3la - -4900
otRaowunclFsuduheeiev Fax. 561- 737 -9975
PROJECT NUMBER 25342.
CLIENT Ahrens Companies PROJECT NAME Sebastian Municipal Airoort Aircraft Hanger"
PROJECT LOCATION _02 Airport Drive Fast, Sebastian, FL
DATE STARTED 1/31/11 COMPLETED 1/31/11 SURFACE ELEVATION REFERENCE _0 Road Crown
DRILLING METHOD Standard Penetration Boring GROUND WATER LEVELS:
LOGGED SY T. Simmons CHECKED BY C. Gworek —V- AT TIME OF DRILLING 4.0 ft0.0 ft
APPROXIMATE LOCATION OF BORING 10'S. of N. corner of pmposed Hanger B
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10 20 30 40
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MATERIAL DESCRIPTION
Blows
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13 FUM CONTENT (x) 0 1
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fragments 55
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Nutting 1310 Neptune Drive BORING NUMBER 8-3
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Boynton Beach, R 33426 PAGE 1 OF 1
Engineers Telephone: 561 - 736 -4900
d%,11&1- 1r.,uuw"1967 Fax: 561 - 737 -9975
'"�"°M1t0�G in14 ant PROJECT NUMBER 253.2
CLIENT Ahrena Companies _ PROJECT NAME Sebastian Municipal Airpor t Aircraft Hamer "f
. � PROJECT LOCATION 202 Airport Drive East Sebastian FL
ff DATE STARTED 1131111 COMPLETED 1/91 /11 SURFACE ELEVATION REFERENCE Road Crown
DRILLING METHOD Standard Penetration Boring GROUNDWATER LEVELS:
LOGGED BY T. Simmons CHECKED BY C. Gworek -.AT TIME OF DRILLING 4.0 ft1
rB
APPROXIMATE LOCATION OF BORING 65' S & 10' E of N. corner ofpronoeedHanw
w A SPT N VALUE A
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x PL MC LL
L 2 w MATERIAL DESCRIPTION Blowa F---- �--I
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t9 D FINES CONTENT (%) O
0 2040 G0 80
Grass at surface, gray brown quartz fine SAND
SS 2-4-7.7
Light gray quartz fine SAND 1
Dark brown quartz fine SAND with little colloidal organics (hard SS
10-11-13-15 24
pan) 2
SZ
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'± Light brown quartz tine SAND
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Light gray quartz tine SAND SS 3-3.2-3 5 A i
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Nutting 1310 Neptune Drive BORING NUMBER B -4
Boynton Beech, Fl 33426 PAGE 1 OF 1
0 Engineers Telephone: 561 - 736 -490D
9femuokkclb1a?A1MdIr7 Fax: 561- 737 -9975
PROJECT NUMBER 253.2
CLIENT _Ahrens Companies PROJECT NAME Sebaatian Municipal Airport Aircraft Haneer"
PROJECT LOCATION 202 Airport Drive East. Sebastian, FL
DATE STARTED 1/31/11 COMPLETED 1 131 /11 SURFACE ELEVATION REFERENCE @ Road Crown
DRILLING METHOD Standard Penetration Boring GROUND WATER LEVELS:
LOGGED BY T. Simmons CHECKED BY C. Gwarek .V- AT TIME OF DRILLING 4.0 R
APPROXIMATE LOCATION OF BORING 65'N. & 20'W. of S. coxrer of proposed Hanger B
W
♦ SPT N VALUE
x
a
10 20 30 40
PL MC LL
w F*
Q
MATERIAL DESCRIPTION
a
Blows
o
cr
z
20 40 60 60
❑ FINES CONTENT WO
i 0
20 40 60 80
!
Grass at surface, light gray quartz tine SAND
(N
SS
1
2'3-4 6
7
Light gray brown quartz fine SAND
r�
SS
Dark brown quartz fine SAND with little colloidal organics {hard
pan)
2
5-9-9-6
18
3
3
5.6 -6-5
12
Brown slightly clayey quartz fine SAND
5.7-7-6
14
Light tan quartz fine SAND
fS4
6.6 -6.6
1a
a
6-6-7-B
13
:A
Light gray quartz fine SAND
t
SS
2-2 -3
5
3
A
Light gray brown quartz tine SAND
15
7
i
Light brown quartz One. SAND
20 1
S5
8
1.2.4
6
Bottom of hole at 20.0 feet.
WW v1 I--
]iscfalmer Nutting En 'neers of Florida Inc. accepts no liability for the consequences of the independent interpretation of drilling Woes by others.
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KU4nEj BORING NUMBER B -5
BeachD,
Boynton FI 33428 PAGE i OF 1
Engineers
Telephone: 561- 736 -4900
C 91 ftd"InLIEw°dB0 Fa 561- 737 -975
ft 'P.W"'" PROJECT NUMBER 263.2
CLIENT Ahrens_ Companies PROJECT NAME Sebastian Municipal Airport Aircraft Hanger "
PROJECT LOCATION 202 Airport Drive East, Sebastian FL
DATE STARTED 1/31111 COMPLETED 1/31111 SURFACE ELEVATION REFERENCE @ Road Crown
DRILLING METHOD_ Standard Penetration Boring GROUND WATER LEVELS:
LOGGED BY T. S' mono CHECKED BY C. Gworek -VAT TIME OF DRILLING 4.0 ftl
APPROXIMATE LOCATION OF BORING 10'N. of S, corner of proposed Hammer B
A SPT N VALUE
10 20 30 40
PL .0 LL
W¢
O
MATERIAL DESCRIPTION
Blows
+ p
cc
„w1
Z
20 40 60 80
❑FINES CONTENT (K)❑
0
rn
20 40 60 80
Grass at surface, light gray quartz fine SAND, trace limestone
fragments
88
1
1 3 6 7
8
Light gray quartz line SAND
Darl brown quartz fine SAND with little colloldal organics (hard pan)
SS
2
9.10.8-6
18
A.
Reddish brown quartz fine SAND
5
SS
3
5.4.3-3
7
S�
2-1-2 -3
3
-A Slightly silty light gray quartz fine SAND
_
A
SS
6
3466
9
10
S3
D
fine SAND
6
4339
6
A
quartz fine SAND
SS
q
quartz One SAND
f15uartz
7
2
A:
S.S, 8
4.4.4
8
Bottom of hole at 20.0 feet.
)fsClafiner Nutting Engineers of Florida, Inc. accepts no liabilit vW ui icy+
y for the consequences of the independent interpretation of drilling loan by others.
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Nutting B
Boynton N
Telephone: 561 -736 -4900 P
of Flodda Mc.) bmbhW 1967 Fax: 561 - 737 -9975
ftypro"LfOirCamaAN -M PROJECT NUMBER 253.2
CLIENT Ahrens Companies PROJECT NAME Sebastian Municipal Airport Aircraft Hanger "
PROJECT LOCATION 202 Aimort Drive East, Sebastian FL
DATE STARTED V31111 COMPLETED 1 /31/11 SURFACE ELEVATION REFERENCE Road Crown
DRILLING METHOD Standard Penetration Boring GROUND WATER LEVELS:
f LOGGED BY T. Simmons CHECKED BY C. Gworek -VAT TIME OF DRILLING 4.0 ft-
APPROXIMATE LOCATION OF BORING 10'E. of W comer of proposed Hanger B
W A
A SPT N VALUI; A
U W
W 1
10 20 30 40
PLF-- MSC— {L
Lu
Q o M
MATERIAL DESCRIPTION a
a B
Blows ?
? P
o a
a: z
z 2
20 40 60 80
❑ FINES CONTENT 1x313
0 2
20 40 60 80
Grass at surface, light gray brown quartz fine SAND
5S 2
2.5-7.8 1
12 :
:A
Light gray quartz fine SAND I
2S 8
8 8 11 16 1
19 A
A
DArk brown quartz fine SAND with little colloldal organics (hard 2
pan)
Q
t 5 S
S5 1
12-9.7-7 1
16
A
S5 4
4.3.4.4 7
7 A
Slightly silty
la quartz fine SAND 4
A
SS 3
3-4.3.4 7
7 A
Light gray quartz One SAND 5
j 10
SG 3
3-3-4-4 7
7 A
A
L
3
i
SS L
3
3
Li ht gray brown quartz fine SAND
15 7
7
i
i
i
f7icr-faimar Nuttine Eneineers of Florida. Inc, accepts no liability for the consenuences of the independent interpretation of drilling logs by others.
MUTATIONS OF ►LIABLILITY
We warranty that the services performed by Nutting
Engineers of Florida, Inc. are conducted in a manner
consistent with that level 'of care and skilt ordinarily
exercised by members of the profession In our area
currently practicing under similar conditions at the time our
services were performed. No other warrantfes,
expressed or Implied, are made. While the services of
Nutting Engineers of Florida, Inc. are a valuable and
Integral pert of the design and construction teams, we do
not warrant, guarantee or insure the quality,
completeness, or satisfactory performance of designs,
construction plans, specifications we have not prepared,
nor the ultimate performance of building site materials or
a ssem blylconstructlon.
SUBSURFACE EXPLORATION
Subsurface exploration is normally accomplished by test
borings; test pits are sometimes employed. The method of
determining the boring location and the surface elevation
at the boring Is noted in the report. This Information is
represented In the soft boring logs andlor a drawing. The
location and elevation of the borings should be considered
accurate only to the degree Inherent with the method used
and may be approximate.
The soil boring log includes sampling information,
description of the materials recovered, approximate
depths of boundaries between soil and rock strata as
encountered and immediate depth to water data. The log
represents conditions recorded specifically at the location
where and when the boring was made. Site conditions
may vary through time as will subsurface conditions. The
boundaries between different soil strata as encountered
are indicated at specific depths; however, these depths
are in fact approximate and dependent upon the frequency
of sampling, nature and consistency of the respective
strata. Substantial variation between soil borings may
commonly exist in subsurface conditions. Water level
readings are made at the time and under conditions stated
on the boring logs. Water levels change with time,
precipitation, canal level, local well drawdown and other
factors. Water level data provided on soli boring logs shall
not be relied upon for groundwater based design or
construction considerations.
LABORATORY AND FIELD TESTS
Tests are performed in general accordance with specific
ASTM Standards unless otherwise indicated. All criteria
Included in a given ASTM Standard are not always
required and performed. Each test boring report indicates
the measurements and data developed at each specific
test location.
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ANALYSIS AND RECOMNMNDATIONS
The geotechnical report Is prepared primarily to aid in the
design of site work and structural foundations. Although
the information in the report is expected to be sufncient for
these purposes, it shall not be utilized to determine the
cost of construction nor to stand alone as a construction
specification. Contractors shall verify subsurface
conditions as may be appropriate prior to undertaking
subsurface work.
Report recommendations are based primarily on data from
test borings made at the locations shown on the test
boring reports. Soil variations commonly exist between
boring locations. Such variations may not become evident
until construction. Test pits sometimes provide valuable
supplemental Information that derived from soil borings. If
variations are then noted, the geotechnical engineer shall
be contacted in writing immediately so that field conditions
can be examined and recommendations revised If
necessary.
The geotechnical report states our understanding as to the
location, dimensions and structural features proposed for
the site. Any srgnfficant changes of the site
improvements or site conditions must be
communicated In writing to the geotechnical engineer
immediately so that the geotechnical analysis,
conclusions, and recommendations can be reviewed and
appropriately adjusted as necessary.
CONSTRUCTION OBSERVATION
Construction observation and testing is an important
element of geotechnlcal services. The geotechnical
engineer's field representative (G.E.F.R.) is the "owner's
representative" observing the work of the contractor,
performing tests and reporting data from such tests and
observations. The geotechnlcal engfneer's rlelef
representative does not direct the contractor's
constructlon means, methods, operations or
personnel. The G.E.F.R. does not interfere with the
relationship between the owner and the contractor and,
except as an observer, does not become a substitute
owner on site. The G.E.F.R. is responsible for his/her
safety, but has no responsibility for the safety of other
personnel at the site. The G.E.F.R. is an Important
member of a team whose responsibility is to observe and
test the work being done and report to the owner whether
that work is being carried out In general conformance with
the plans and specifications. The enclosed report may be
relied upon safely by the named client
71 of 124
SOIL AND ROCK CLASSIFICATION CRITERIA
SAND /SILT
N -VALUE
(bpi)
REI.AT11"
UENSrrY
0-4
Very Loose
5-10
Loose
11 -29
Medium
30 -49
Dense
>50
Very dense
100
Refusal
a �7
CLAY /SMTY CLAY
N -VALUE
(bpf)
UNCONFINED COMP.
STRENGTH (tsfi
CONSISTENCY
<2
<0.25
V. Soft
2 -4
035 -0.50
soft
3-9
0.50 -1.00
Medina
9 -15
I.00 -2.00
Soft
16 -30
2.00 --4.00
V. Stiff
>30
>4.00
Hstd
N-VALUE
Olt 0
RELATIVE
HARDNESS
ROCK CHARACTERISTICS
N? 100
Hard to v. hard
Local rock fbimations vary in hardness from soft to very hard within short verti-
cal and harizontal distances and often contain vertical solution holes of 3 to 36
inch diameter to varying depths and horizontal solution Ratures. Rack may be
brittle to split spoon impact, but mora resistant to excavotion.
255 N < 100
Madium hard to hard
5<N:_ <25
Soft to medium hard
PARTICLE SIZE DESCRIPTION AlODIBIERS
Boulder
>12 in.
0 -5%
Vighttraee
Cobble
3 to 12 in.
6 -10%
Traca
Gravel
4.16 tam to 3 in.
11-201/16
little
Sand
0.074 min to 4.76 mm
21-35%
Some
Silt
0.005 mat to 0.074 nun
>35%
And
Clay
<0.005 mm
GP
Poriy orod.d gwoh, grow-1• lid
rN.n.ey not. or no Ipar
Major Dlvislorm
Group
symbols
Typical names
Laboratory desittkaflon criteria
cw
w.u- gr.a.aoardr growl -rord
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72 of 124
BIDDER QUALIFICATION QUESTIONNAIRE
Submitted by
Name of Bidder
General Contractor's License #
( ) An Individual
( ) A Partnership
( ) A Corporation
Federal Identification #
Principal Office Address:
(1) How many years has your organization been in business as a contractor under your
present name?
(2) How many years experience in construction work has your organization bad as a
contractor?
As a Subcontractor?
(3) List below the requested information concerning projects your organization has
completed in the last five (5) years for the type of work required in this project. (Use
additional sheets if necessary). Include the type of work similar to the work included in
this contract if possible.
Project Contract Required Actual Name/Address/Tel
Title Amount Completion Date Completion Date of Owner
73 of 124
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
(5) Has any officer or partner of your organization ever been an officer or partner of some
other organization that failed to complete a construction contract? If so, state name of
individual, name of other organization, and reason therefore.
(6) Has any officer or partner of your organization ever failed to complete any construction
contract handled in his own name? If so, state name of individual, name of owner and
reason therefore.
(7) Give below any information which would indicate the size and capacity of your
organization, including number of employees, equipment owned by your organization,
etc., which are available for utilization on this Contract.
(8) What is your bonding capacity?
(9) What amount of your bonding capacity has been used as of the date of this bid?
74 of 124
(10) How many applications for performance and payment bonds have you made in the last
three (3) years?
(11) How many of these applications were not approved?
(12) Have any claims been filed against your surety bond company in the last five (5) years? If
so, describe the nature of the claims and give the names of the surety companies, dates of
each claim, identifying numbers of each claim, amounts of each claim, and the status of
each claim. (Use additional sheets if necessary.)
(13) Have your company been in disputes or litigations in the last five (5) years over
construction projects which are completed or still pending for completion? If so, describe
the nature of the disputes or litigations and state the Owner's Name, Address, Telephone,
and amount of disputes or litigations. (Use additional sheets if necessary.)
75 of 124
1, the undersigned, do hereby declare that the foregoing statements are true and
correct, all as of the date hereinafter set forth, and that those examining this document
have my permission to contact any or all of those parties listed in this questionnaire.
Incorrect or misleading statements in this questionnaire shall be grounds for a
determination of nonresponsibility with respect to such contractor.
(SIGNATURE OF BIDDER)
(TYPE OR PRINT COMPANY NAME)
(TYPE OR PRINT ADDRESS)
76 of 124
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby, certifies
that
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
b. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
Date:
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Signature
77 of 124
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form sworn statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including
proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal.
If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will
ship commodities and receive payment from the resulting Agreement, it is your
responsibility to see that copy(ies) of the form are executed by them and are included
with your quote, bid, or proposal. Corrections to the form will not be allowed after the
quote, bid, or proposal opening time and date. Failure to complete this form in every
detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -
133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes,
requires the Florida Department of General Services to maintain and make available to
other political entities a "convicted vendor" list consisting of persons and affiliates who
are disqualified from public and purchasing process because they have been found guilty
of a public entity crime. A public entity crime is described by Section 287.133, Florida
Statutes, as a violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity in Florida or with an
agency or political subdivision of any other state or with the United States, including, but
not limited to, any bid or Agreement for goods or services to be provided to any public
entity or with an agency or political subdivision and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or
transact any business in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for category two (currently $10,000) with any person or affiliate on the
convicted vendor list for a period of 36 months from the date that person or affiliate was
placed on the convicted vendor list unless that person or affiliate has been removed from
the list pursuant to Section 287.133(3)(f), •Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide
goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement
with the Contract/Agreement officer or Purchasing Director, as applicable. The attached
statement or affidavit will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer oaths and properly
executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS.
NON - INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION
OF YOUR QUOTE OR BID.
78 of 124
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by
(name of entity
submitting sworn statement) whose business address is
and (if
annlicable) its Federal Employer Identification (FEK is
Number of the
_ (If the entity has no FEIN, include the Social Security
individual signing this sworn statement:
3. My name is (please print
name of individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or with the United
States, including, but not limited to, any bid or Agreement for goods or services to
be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
S. I understand that "convicted" or "conviction" as defined in Paragraph
287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a
public entity crime, with or without an adjudication of guilt, in any federal or state
trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or polo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime;
or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
79 of 124
The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima
facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state
or of the United States with the legal power to enter into a binding Agreement and
which bids or applies to bid on Agreements for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement. (Please indicate which
statement applies.)
Neither the entity submitting this sworn statement, nor any officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who
are active in management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989,
AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a
hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer did not place the person or affiliate on
the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing
officer determined that it was in the public interest to remove the person or
affiliate from the convicted vendor list. (Please attach a copy of the final order.)
80 of 124
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of General
Services.)
Date:
STATE OF FLORIDA
COUNTY OF
(Signature)
The foregoing instrument was acknowledged before me this day of
2011 by ,
(title) on behalf of (name of partnership), a partnership. He /she
is personally known to me or has produced as identification
and did () did not () tape an oath.
Name:
My Commission Expires:
Commission Number:
81 of 124
REFERENCES
Proposer shall provide a minimum of three references, for which they are currently
providing this type of service /commodity within the State of Florida.
1. Company Name
Phone Number
or business relationship.
2. Company Name
Phone Number
or business relationship.
FAX Number
Contact Name and Title
Address
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Page 1 of 1
Joseph Griffin
From: Notz, Nicole [Nicole. Notz@dot.state.fl. us]
Sent: Monday, August 15, 2011 3:40 PM
To: Joseph Griffin
Cc: Olkuch, Birgit
Subject: RE: JACIP - Document Upload
Attachments: RE: Wind Turbine
Joe,
As stated in the attachment, the wind turbine is approved for the price of 52,371.92. Any Tax credits from the
state given back to the airport under title XIV, 196.175, or annual federal grants need to be reimbursed to the
state at the JPA percentage of 80/20.
Thank you,
NLCo- Note
FDOT Aviation
(954) 777 -4497
From: jgriffin @cityofsebastian.org [ mailto :jgriffin @cityofsebastian.org]
Sent: Monday, August 15, 20112:05 PM
To: becky @pantherinternational.com; Olkuch, Birgit; Notz, Nicole; johnk @pantherinternational.com
Subject: JACIP - Document Upload
The below document was submitted by Joe Griffin.
Airport: Sebastian Municipal Airport
Project Description: Construct Hangars
Item - Segment: 416287 -1
Contract 4: APF00
UPIN: PFL0006024
Please click the link below to view the document.
http: / /www. florida- aviation - database. com /Facil it/JACIP /defau.1t.aspx?
section = projects &upin= PFL0006024 &UAID= FL000088
Thank you,
JACIP Support Team
JPM -1 -v 1
84 of 124
8/17/2011
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IYHANUFACTUUG
5 Mw Lmmw ZARRANTY
Presented By:
Timothy Widmann
To:
• This warranty covers the complete unit provided, along with all manufacturing, fabrication, and
any work performed by A &W Manufacturing. Said work is covered for the limit of 5 years for any and all
defects that would be considered normal issues, as well as any and all craftsman issues. Hardware, and
pre - manufactured product supplied by us is replaced by use, but is not covered by warranty due to the unit
not being manufactured by A &W Manufacturing. All assembly, construction, and installation work
provided by A &W Manufacturing is also covered. Outside companies doing work in part are responsible
for covering any labor they provide.
• All warranty is backed by
o Meridian Merchant Management of New York.
Provided and presented by:
Timothy Widmann
CEO /President
A &W Manufacturing
i
A&W Manufacturing
11210 Sedgefield Ave
Spring HiII,FI 34608
352 - 346 -2899
86 of 124
aTYaF
HOME OF PELICAN ISLAND
SEBASTIAN AIRPORT WIND TURBINE FACILITY PROJECT
DESIGN -BUILD SERVICES AGREEMENT
THIS AGREEMENT made this 25th day of August, 2011, by and between the CITY OF
SEBASTIAN, (hereinafter "City ") a municipal corporation of the State of Florida, 1225 Main
Street, Sebastian, Florida, 32958, ( "CITY ") and AFCO Constructors, Inc., a Florida corporation,
whose address is 1804 NW Madrid Way, Boca Raton, FL 33432 (hereinafter
"DESIGNBUILDER "). This document contains thirty -eight (38) pages.
WHEREAS, the CITY desires to engage a Florida licensed contractor who has special and
unique competence and experience in providing design -build construction services necessary to
complete the Project hereunder; and,
WHEREAS, the DESIGN /BUILDER represents that it has such competence and
experience in providing these services; and,
WHEREAS, the CITY in reliance on such representation has selected the
DESIGNBUILDER in accordance with its procedure for selection of DESIGN /BUILDER; and,
WHEREAS, the CITY and the DESIGNBUILDER desire to reduce to writing their
understanding and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
1.0 EMPLOYMENT OF DESIGNBUILDER
The CITY hereby agrees that it engages the DESIGNBUILDER and the
DESIGNBUILDER hereby agrees to perform services for the CITY in accordance with this
Agreement for DESIGNBUILD SERVICES FOR A VERTICAL WIND TURBINE FACILITY
AT THE SEBASTIAN MUNICIPAL AIRPORT. This Agreement is not an exclusive agreement
and the CITY may employ other contractors, professional or technical personnel to furnish
services for the CITY as the CITY in its sole discretion finds is in the public interest. The
Agreement shall not be construed to create a contractual relationship of any kind between the
CITY and Subcontractor(s), or, between any person or firm other than the CITY and
DESIGNBUILDER.
The DESIGN /BUILDER shall not sell, transfer, assign or otherwise dispose of the
Contract or any portion thereof, or of his right, title of interest therein or his obligations
thereunder, or moneys due or to become due under this Contract.
2.0 CONTRACT DOCUMENTS
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Z"_�
The Contract Documents which comprise the entire agreement between CITY and
DESIGNBUILDER are incorporated herein and made a part hereof, and consist of the following:
a. This Design -Build Services Agreement for a Vertical Wind Turbine Facility at the
Sebastian Municipal Airport;
b. Bid Documents for Design -Build Services for the Airport Wind Turbine Facility at the
Sebastian Municipal Airport including Notice of Invitation to Bid and Bid Supplement
#1;
c. AFCO Proposal Package dated May 12, 2011 with Proposal Price Form Summary of
Costs, Affidavits, Certification and Design Criteria;
d. Any other documents referenced in these Contract Documents.
2.1 INTENT. The intent of the Contract Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, tools and equipment, temporary facilities and
systems, and transportation necessary for the proper execution of the Work, to require new
material and equipment unless otherwise indicated, and to require complete performance of the
Work in spite of omission of specific reference to any minor component part and to include all
items necessary for the proper execution and completion of the Work by the
DESIGNBUILDER. Performance by the DESIGNBUILDER shall be required to the extent
consistent with the Contract Documents and reasonably inferable from them as being necessary
to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT. Except as specifically stated herein, the
Contact 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 Contact 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 Contact Documents.
2.3 AMENDMENTS. The parties may modify this Agreement at any time by written
agreement. Neither the Contract Documents nor any term thereof may be changed, waived,
discharged or terminated orally, except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination is sought.
2.4 CONSTRUING TERMS. This Agreement shall not be construed against the
party who drafted the same, as both parties have obtained experts of their choosing to review the
legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY. This Agreement
shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the
Contract Documents, or otherwise involving the Project, 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.
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2.6 TERM. This Agreement shall commence on the day it is executed by both
parties and the term of the Agreement shall extend until the Project is complete unless terminated
in accordance with the terms hereunder.
3.0 THE WORK
3.1 Subject to and in accordance with the terms and provisions of the Contract
Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY.
3.2 The DESIGNBUILDER agrees to provide all the professional design services,
labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities
and systems, scaffolding and tools necessary for the proper design, construction and completion of
the Work described in the Contract Documents.
3.3 The DESIGNBUILDER shall remain fully liable to CITY for the adequacy of the
Plans and Specifications and other documents, the ultimate and acceptable design and construction
of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is
done in house by the DESIGNBUILDER, by joint venture, or by retention of a design professional
by the DESIGNBUILDER.
3.4 The Plans and Specifications prepared by DESIGNBUILDER, DESIGNER, and
Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall
be vested with all rights of ownership thereto. Any use by the CITY of such Plans and
Specifications for other projects unrelated to this Project shall be at the CITY's sole risk.
4.0 COMPENSATION
CITY shall pay DESIGNBUILDER, in the manner set forth herein, Fifty Two Thousand
Three Hundred Seventy One Dollars and Ninety Two Cents ($52,371.92) "Contract Price" for
performance of the Work, which shall comprise total compensation to DESIGNBUILDER. The
agreement of the parties hereto is that the DESIGNBUILDER shall bear all costs and expenses of
any kind, type or nature for Work specified in the Contract Documents and such additional work as
may be reasonably inferred therefrom, and deliver to CITY at the Contract Price, the Project as
specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to
the CITY and all governmental authorities having jurisdiction thereof.
5.0 TIME OF COMMENCEMENT AND COMPLETION
5.1 Following execution of this Agreement and verification of compliance with all
submittals required of DESIGNBUILDER hereunder, CITY shall issue a Notice to Proceed to
begin the Work.
5.2 CITY shall promptly and diligently assist DESIGNBUILDER pursue the
acquisition of all required permits to allow construction of the Project in the manner proposed by
DESIGNBUILDER under the Contract Documents.
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3
5.3 The time of Substantial Completion of the Work shall be Thirty -Five (35) days
following issuance of the Notice to Proceed.
5.4 The Work shall be completed, ready for final payment within thirty-five (35) days
after the actual date of Substantial Completion. In no event shall the Work to be performed under
the Contract Documents be considered completed until all construction items required by the
drawings, plans and specifications have been fully completed and approved by the CITY and all
governmental authorities having jurisdiction thereof, and a Certificate of Final Inspection and
DESIGNBUILDER's Release have been issued.
5.5 LIQUIDATED DAMAGES. The CITY and DESIGNBUILDER recognize that
time is of essence of this Agreement and that CITY will suffer financial loss if the Work is not
completed within 35 days, plus any extensions thereof allowed in accordance with the Contract
Documents. They also recognize the delays, expense and difficulties involved in proving, in a legal
or arbitration proceeding, the actual loss suffered by CITY if the Work is not completed on time.
Accordingly, instead of requiring any such proof, CITY and DESIGNBUILDER agree that as
liquidated damages for delay (but not as a penalty) DESIGNBUILDER shall pay CITY fifty dollars
($50) for each day that expires after the time specified for Substantial Completion until the Work is
substantially complete.
6.0 DESIGNBUILDER'S DUTIES AND STATUS
6.1 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY
6.1.1 The DESIGNBUILDER recognizes the relationship of trust and confidence
established between it and the CITY by the Contract Documents. It covenants with the CITY to
furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only
materials which shall be new and of the best of the kind of grades specified to insure that all
workmanship shall be to the best of the recognized standard known to the various trades, to furnish
efficient business administration and supervision, to keep at all times an adequate supply of workers
and materials at the site, and to prosecute the completion of the Work in the best and soundest way
and in the most expeditious and economical manner consistent with the interests of the CITY.
6.1.2 The DESIGNBUILDER hereby represents and warrants to CITY that
DESIGN/BUILDER is skilled and experienced in the design and construction of projects of the
type depicted in the Proposal Documents, and that the DESIGNBUILDER by careful examination
has satisfied itself as to the general area in which the improvements are to be located, including, but
not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and
structures, local utilities, available labor supply and cost, all local governmental requirements, and
available equipment supply and cost as well as all other items which in the DESIGNBUILDER's
judgment could in any manner affect the timely performance of the Work.
6.2 DESIGN WORK
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6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals
(hereinafter collectively called "DESIGNER ") to provide design services (including, without
limitation, engineering, architectural, and other professional design services) for the preparation of
Drawings, Specifications and other design submittals for the construction and compilation of the
Work in accordance with the Contract Document.
6.2.2 The DESIGNER and other design professionals shall be engaged solely by
DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other
design professionals, and any modifications thereof, shall be in writing. Copies of these agreements
shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be
responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and
independent contractors (including, without limitation, the DESIGNER, other design professionals
and all Subcontractors), and their agents and employees, and all other persons or entities performing
the obligations of DESIGNBUILDER under the Contract Documents.
6.2.3 DESIGNBUILDER shall carefully review the Contract Documents and other
information relative to the Design Criteria, shall carefully evaluate existing conditions related to the
Work (utilizing such tests and measurements as DESIGNBUILDER deems advisable), shall
carefully evaluate the site and related field conditions and shall report promptly to CITY any errors,
inconsistencies or omissions. It shall be the DESIGNBUILDER's sole responsibility to evaluate
any additional topographical surveys, soil tests, drainage plans and any other engineering reports,
plans or tests that, in its professional opinion, are required to insure that sufficient information is
available for the completion of the Work. Any additional work, regardless of its nature and scope,
required as a result of said surveys, tests, reports or plans in order to complete the Work shall be
performed at DESIGNBUILDER's sole cost and expense. However, it is understood that
DESIGNBUILDER cannot be held liable for any unknown or hidden hazards that could not have
been reasonably discovered by a DESIGNBUILDER similarly situated in the design/build industry.
6.2.4 DESIGNBUILDER shall provide design documents sufficient to establish the size,
quality and character of the Project, the architectural, structural, mechanical and electrical systems
of the Project, and the materials and such other elements of the Project as are required by the
Contract Documents. The design documents may be prepared in a series of design submissions. In
the process of preparing the interim design documents, DESIGNBUILDER and CITY shall meet
and review the status and progress thereof based upon an agreed upon schedule. At such meetings,
DESIGNBUILDER shall identify any deviations from the Contract Documents and any previously
reviewed design submissions. Minutes of each meeting shall be maintained by
DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons
designated by CITY. The design documents and all interim design submissions shall be subject to
CITY's written approval.
6.2.5 After CITY has approved the design documents in writing, DESIGNBUILDER shall
provide construction documents setting forth in detail the requirements for the construction of the
Project. The construction documents shall include Drawings and Specifications and be consistent
with the approved design documents. In the process of preparing the construction documents,
DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an
91 of 124
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agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER.
Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY.
The construction documents shall be subject to the written approval of CITY and no construction
Work shall be performed prior to receipt of such written approval.
6.2.6 CITY's review and approval of design documents and the construction documents is
intended to assure they are compatible with the Design Criteria and other expectations of CITY
with respect to the Project. CITY's review and approval of any design documents or construction
documents shall not be construed or deemed to either transfer any design liability from
DESIGNBUILDER to CITY or to otherwise release DESIGNBUILDER from liability in
connection with the design of the Project.
6.2.7 Upon receipt of CITY's written approval of the construction documents,
DESIGNBUILDER shall prepare and file all applications and accompanying documentation
required to obtain the building permit and other governmental permits and approvals required for
construction of the Project.
6.2.8 DESIGNBUILDER shall obtain from each of DESIGNBUILDER's design and
engineering professionals and furnish to CITY certifications with respect to the documents and
services provided by such professionals as follows:
A. That the documents and/or services to which such certifications relate (i) are
consistent with the Design Criteria set forth in the Contract Documents, except to the extent
specifically identified in such certificate, (ii) comply with applicable practice standards and
standards of care, and (iii) comply with all applicable laws, ordinances, codes, rules and regulations
governing the design of the Project; and
B. That CITY and its consultants shall be entitled to rely upon the accuracy of
the representations and statements contained in such certifications.
6.3 BEFORE CONSTRUCTION
6.3.1 Before undertaking each part of the Work, DESIGNBUILDER shall carefully study
and compare the Proposal Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. DESIGNBUILDER shall promptly report in writing to CITY any
conflict, error or discrepancy which DESIGNBUILDER or any of his Subcontractors or Suppliers
may discover and shall obtain a written interpretation or clarification from CITY before proceeding
with any Work affected thereby.
6.3.2 Within ten (10) days after the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), DESIGNBUILDER shall submit to CITY for review a
Preliminary Progress Schedule indicating the starting and completion dates of the various stages of
the Work and a proposed schedule of Shop Drawing submissions, and within ten (10) days after
completion of final design, a proposed Schedule of Values of the Work on the form approved by
CITY, and a Iisting of manpower and cash flow projections through the Contract Time.
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s
6.3.3 The Schedule of Values shall include prices of items not exceeding the Contract
Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis
for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at
the time of submission that an appropriate amount of direct costs, supplemental costs,
administrative expenses, contingencies and profit have been allocated to each item of Work.
6.3.4 CITY will review and return the schedules submitted in accordance with this Article
and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable
schedules within the time periods required, and if none are required, at least ten (10) days before
submission of the first Application for Payment.
6.4 PRE- DESIGN AND PRE- CONSTRUCTION CONFERENCE
6.4.1 No later than five (5) days after the effective date of the Agreement, a conference
will be held for the review of the Design Criteria and to establish procedures and schedules for the
design phase of the Project, to review any required professional liability insurance coverage
required with respect to the design Work and to establish a working understanding among the
parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design
professionals engaged by DESIGNBUILDER shall attend the conference.
6.4.2 Pre - Construction Conference - Prior to commencement of Work at the site, a
conference will be held for review of the schedules, to establish procedures for handling Shop
Drawings and other submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work and to the management of all aspects of
the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its
Subcontractors and Suppliers, as CITY directs, to attend the conference.
6.4.3 Unless otherwise stated at the Pre - Construction Conference or a Project Meeting, the
CITY's Project Manager as assigned in writing by CITY will be the single authorized
representative of CITY assigned the duty of, and authorized to, transmit or receive communications
between DESIGNBUILDER and CITY for the remaining term of the Agreement.
6.5 DUE DILIGENCE
6.5.1 Before ordering any material or doing any work, DESIGNBUILDER shall verify all
measurements and conditions at the existing site and ensure the accuracy and suitability of same.
No additional compensation will be allowed or paid on account of any difference between actual
dimensions and measurements indicated in the Proposal Documents. Any differences which may
be found shall be submitted to the CITY for instructions before proceeding with the Work.
6.5.2 DESIGN /BUILDER shall purchase all materials in accordance with the accepted
Work Schedule so as to avoid delays and substitutions when such materials are to be
incorporated in the Work; said materials are to be stored in designated locations in a manner
secure from all identifiable risks.
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6.6 STAGING AREAS The DESIGNBUILDER and CITY shall identify the
preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the
responsibility of DESIGNBUILDER to restore the staging areas to an agreed -upon state.
7.0 DESIGN APPROVALS
7.1 The DESIGNBUILDER shall timely submit to the CITY, for review and approval,
Preliminary Design documents including, but not limited to, elevations, sections and an outline of
specifications that are based on and comply with the Design Criteria and the Proposal Documents.
7.2 The DESIGNBUILDER shall timely submit to the CITY, for review and approval,
Design Development documents including, but not limited to, elevations, miscellaneous details and
an updated set of specifications which are based on and comply with the Design Criteria, the
Proposal documents and the CITY - approved Preliminary Design documents.
7.3 The DESIGNBUILDER shall timely submit to the CITY, for review and approval,
Final Plans and Specifications that shall be based on compliance with the Design Criteria, the
Proposal Documents and the previously approved Design Development documents.
8.0 PLANS, SPECIFICATIONS AND RELATED DATA
8.1 INTENT OF PLANS AND SPECIFICATIONS
8.1.1 The Contract Documents are complementary; what is called for by one is as binding
as if called for by all. If, during the performance of the Work, DESIGNBUILDER or any member
of DESIGNBUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the
Contract Documents, DESIGNBUILDER shall report it to CITY in writing at once and before
proceeding with the Work affected thereby. The CITY upon receipt of any such notice will
promptly investigate the circumstances and give appropriate instructions to the
DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER
after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected
by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising
therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract
Documents, the documents shall be given preference in the following order: Change Orders,
Design Criteria, Design/Build Agreement, Notice to Proceed, Approved Plans and Specifications,
Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package,
Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and
Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the
discovery by the DESIGNBUILDER of such gaps, conflicts, errors and discrepancies and without
the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising
therefrom.
8.1.2 DESIGNBUILDER shall ensure that the Contract Documents, which includes any
Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of
DESIGNBUILDER or any Subcontractor, are in compliance with and complementary to the
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Design Criteria. If during the performance of the Work, DESIGNBUILDER or any member of
DESIGNBUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the
Design Criteria and the remaining Contract Documents, the DESIGNBUILDER shall report it to
CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon
receipt of any such notice will promptly investigate the circumstances and give appropriate
instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the
DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly
or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall
bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between
the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless
modified in writing.
8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings
shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or
specified shall be the same as similar parts that are shown or specified. Large -scale details shall
take precedence over smaller scale drawings as to shape and details of construction. Specifications
shall govern as to materials and workmanship. Drawings and specifications are intended to be fully
complementary and to agree. The specification calling for the higher quality material or
workmanship shall prevail. In the event of any discrepancies between any drawings and the figures
thereon, the figures shall be taken as correct.
8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or
part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the Specifications or Drawings as being required to
produce the intended result shall be supplied whether or not it is specifically called for. When
words having a well -known technical or trade meaning are used to describe Work, materials or
equipment, such words shall be interpreted in accordance with such meaning. Reference to
standard specifications, manuals or codes of any technical society, organization or association, or to
the code of any governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual or code in effect at the time of opening of Proposals
except as may be otherwise specifically stated. However, no provision of any referenced standard
specification, manual or code (whether or not specifically incorporated by reference in the Contract
or Proposal Documents) shall change the duties and responsibilities of CITY or
DESIGNBUILDER, or any of their agents or employees from those set forth in the Contract or
Proposal Documents.
8.2 SHOP DRAWINGS AND SAMPLES
8.2.1 After checking and verifying all field measurements and conditions, and after
complying with applicable procedures specified in the General Requirements, DESIGNBUILDER
shall submit to CITY for review and approval in accordance with the accepted schedule of Shop
Drawing submissions, two (2) copies for use by CITY, plus additional copies as required by
DESIGNBUILDER of all Shop Drawings, which shall have been checked by and stamped with the
approval of DESIGNBUILDER and identified as CITY may require.
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8.2.2 DESIGNBUILDER shall also submit to CITY for review and approval, with such
promptness as to cause no delay in the Work, all samples required by the Contract Documents. All
samples shall have been checked by and stamped with the approval of DESIGNBUILDER,
identified clearly as to material, manufacturer, any pertinent data such as catalog numbers, and the
use for which it is intended.
8.2.3 DESIGNBUILDER's stamp of approval on any Shop Drawing or sample shall
specifically indicate in writing, or if not indicated in writing, shall constitute a representation that
DESIGNBUILDER has either determined and verified all quantities, dimensions, field
construction criteria, materials, catalog numbers, specified performance criteria, and similar data or
assumes full responsibility for doing so, and that DESIGNBUILDER has reviewed or coordinated
each Shop Drawing or sample with the requirements of the Work and the Contract Documents.
8.2.4 At the time of each submission, DESIGNBUILDER shall in writing call CITY's
and DESIGNER's attention to any deviations that the Shop Drawings or samples may have from
the requirements of the Contract Documents, and, in addition, shall cause a specific notation to
be made on each Shop Drawing submitted of each such variation.
8.2.5 DESIGNER's and CITY's review and approval of Shop Drawings or samples shall
not relieve BUILDER from responsibility for any variation from the requirements of the Contract
Documents unless DESIGNBUILDER has in writing called DESIGNER's and CITY's attention to
each such variation at the time of submission and CITY has given written approval of each such
variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing
or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER
from responsibility for errors or omissions in the Shop Drawings or from responsibility for
verifying dimensions, measurements, field conditions, and compliance with the Design Criteria.
8.2.6 Where a Shop Drawing or sample is required by the Specifications, no related Work
shall be commenced until the submittal has been returned by CITY and noted "Approved" or"
Approved As Corrected ".
8.2.7 All costs incurred in connection with CITY's review and return of a particular Shop
Drawing or sample submission after CITY's second time review shall be borne by
DESIGNBUILDER, including any consultants' charges to CITY for the same. CITY shall be
entitled to deduct these costs from the Contract Price by issuing a Change Order.
8.2.8 In reviewing Shop Drawings or samples, CITY shall be allowed seven (7) business
days from the date CITY receives the submittal or resubmittal from DESIGNER BUILDER to
return the submittal in accordance with this Article, unless otherwise provided in the Contract
Documents, or where the construction schedule will conflict. CITY's review and return of a Shop
Drawing or sample within the time allowed shall not justify an increase in Contract Price or an
extension in Contract Time. Any delay in connection with DESIGNBUILDER's submittal and any
resubmittal of a particular Shop Drawing or sample shall represent delays under the control of
DESIGNBUILDER and shall not justify an increase in Contract Price or an extension in Contract
Time.
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8.3 RECORD COPY OF DOCUMENTS AT JOB SITE. One (1) complete set of all
Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings, samples and
project information shall be maintained at the job site as a record copy, in good order and
annotated to show all changes made during the construction process, and shall be available to the
CITY at all times. A final copy thereof, along with "as- built" record drawings, operations and
maintenance manuals, test results and certifications, and information/data sheets, shall be
delivered to the CITY upon the completion of the Work.
8.4 SAMPLING AND TESTING. Except as otherwise provided, sampling, testing
and certification of all materials, and the laboratory methods and testing equipment, required
under the Specifications shall be in accordance with the latest standards or tenets of the American
Society for Testing Materials. The testing of samples and materials shall be made at the expense
of the CITY, except where indicated otherwise. The DESIGNBUILDER shall furnish any
required samples without charge. The CITY shall be given sufficient notification of the placing
of materials to permit testing and certification. As an exception to the above, when the
DESIGN /BUILDER represents a material or an item of work as meeting Specifications and
under recognized test procedures it fails, any re- testing shall be at the DESIGNBUILDER's
expense.
8.5 EQUIPMENT AND /OR MATERIAL APPROVAL DATA
8.5.1 The DESIGN /BUILDER shall furnish one (1) copy of complete catalog data for
every manufactured item of equipment and all components to be used in the Work, including
specific performance data, material description, rating, capacity, material gauge or thickness,
composition, testing results and certification, brand name, catalog number and general type. This
submission shall be compiled by the DESIGNBUILDER and submitted to the CITY for review
and written approval before any of the equipment is ordered.
8.5.2 Each data sheet or catalog in the submission shall be indexed according to
specification section and paragraph for easy reference.
8.5.3 After written approval is received by the DESIGNBUILDER, submission shall
become a part of the Contract and may not be deviated from except upon written approval of the
CITY.
8.5.4 Catalog data for equipment approved by the CITY does not in any case supersede
the Contract Documents. The acceptance by the CITY shall not relieve the DESIGNBUILDER
from responsibility for deviations from Plans or Specifications, unless it has called the CITY's
attention, in writing, to such deviations at the time of submission, nor shall it relieve
DESIGN /BUILDER from responsibility for errors of any sort in the items submitted. The
DESIGNBUILDER shall check the work described by the catalog data with the Contract
Documents for deviations and errors.
8.5.5 It shall be the responsibility of the DESIGN /BUILDER to insure that items to be
famished fit the space available. It shall make necessary field measurements to ascertain space
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requirements, including those for connections, and shall order such sizes and shapes of
equipment that the field installation shall suit the true intent and meaning of the Plans and
Specifications.
8.5.6 Where materials or equipment requiring different arrangement of connections
from those shown is approved, it shall be the responsibility of the DESIGNBUILDER to install
the material or equipment to operate properly, and in harmony with the intent of the Plans and
Specifications, and to make all changes in the Work required by the different arrangement of
connections at its own expense.
9.0 MATERIALS AND WORKMANSHIP
9.1 MATERIALS FURNISHED BY THE DESIGNBUILDER. All materials and
equipment used in the Work shall meet the requirements of the respective Specifications, and
shall not be used until it has been approved in writing by the CITY. Wherever the specifications
call for an item of material or equipment by a manufacturer's name and type, and additional
features of the item are specifically required by the specifications, the additional features
specified shall be provided whether or not they are normally included in the standard
manufacturer's item listed.
9.2 STORAGE OF MATERIALS. Materials and equipment shall be stored so as to
ensure the preservation of their quality and fitness for the Work. When considered necessary,
they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground,
and/or they shall be placed under cover. Stored materials and equipment shall be located so as to
facilitate prompt inspection. DESIGNBUILDER shall submit for review and approval by CITY
a storage plan prior to construction.
9.3 REJECTED WORK AND MATERIAL. All material, equipment or work which
do not conform to the requirements of the Contract Documents, are not equal to samples
approved by the CITY, or are in any way unsatisfactory or unsuited to the purpose for which they
are intended, shall be rejected. Any such rejected item shall be removed within ten (10) days after
written notice is given by the CITY, and the work shall be re- executed by the
DESIGN /BUILDER. The fact that the CITY may have previously overlooked such defective
work shall not constitute an acceptance of any part of it. Should the DESIGNBUILDER fail to
remove rejected work or materials within ten (10) days after written notice to do so, the CITY
may remove them and may store the materials and equipment.
9.4 MANUFACTURER'S DIRECTION. Manufactured articles, materials and
equipment shall be applied, installed, erected, used, cleaned, and conditioned as directed by the
manufacturer unless herein specified to the contrary.
9.5 SKILL AND CHARACTER OF WORKERS. Any person employed must have
sufficient knowledge, skill and experience to perform properly the work assigned to them.
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9.6 CUTTING AND PATCHING. The DESIGNBUILDER shall do all necessary
cutting and patching of the Work that may be required to properly receive the work of the various
trades or as required by the Plans and Specifications to complete the Work. DESIGNBUILDER
shall restore all such cut or patched work in a manner meeting the approval of the CITY. Cutting
of existing structures that could endanger the Work, adjacent property, workers or the public
shall not be done unless approved by the CITY and under its surveillance.
9.7 CLEANING UP.
9.7.1 The DESIGNBUILDER shall, at all time, keep the premises free from
accumulation of waste materials or rubbish caused by its employees or work. During and at the
completion of the Work, DESIGNBUILDER shall remove all rubbish, tools, scaffolding and
surplus materials and shall leave the work "broom clean" or its equivalent, unless more exactly
specified, and shall ensure that all debris and other unsightly objects are removed and disposed of
in a satisfactory manner. At no additional expense to the CITY, the DESIGNBUILDER will
restore to their original conditions or better, as nearly as practicable, those portions of the site not
designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or
damaged during the prosecution of the Work. Final payment will be withheld until such clean up
and repairs are completed
9.7.2 The Work will be considered complete only after all debris and unused material
due to or connected with the Work have been removed and the surrounding area left in a
condition satisfactory to the CITY. In the event the CITY finds that the DESIGNBUILDER has
not complied in keeping the job site clean, the CITY may, after twenty -four (24) hours written
notice to the DESIGNBUILDER 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 DESIGN /BUILDER.
9.8 CITY'S OWNERSHIP OF MATERIALS. Any and all materials, whether
structural or natural, found within the limits of the project remain the property of the CITY
unless CITY ownership is specifically conveyed to the DESIGN /BUILDER. However,
ownership of any and all spoil material removed vests with DESIGN /BUILDER at the time of
excavation. All material, equipment and work become the sole property of the CITY as installed.
These provisions shall not be construed as relieving the DESIGNBUILDER from the sole
responsibility for all materials and work for which payments have been made, for the restoration
of damaged work, or as a waiver of right of the CITY to require the fulfillment of all the terms of
the Contract.
9.9 GUARANTEES
9.9.1 The DESIGN /BUILDER shall warrant all equipment furnished and work
performed by him for a period of one (1) year from the date of final written acceptance of the
Work by CITY.
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9.9.2 Such guarantee shall in no way limit or relieve the DESIGN /BUILDER of liability
from subsequent claims of beach of contract due to substandard materials or workmanship, nor
shall such warranty period shorten the statute of limitations for bringing a breach of contract or
other action based upon any such deficiencies.
9.9.3 All equipment and material warranties or guarantees shall be drawn in favor of the
CITY and the originals thereof furnished to the CITY for review and acceptance prior to final
payment.
10.0 CONSTRUCTION LAYOUT TO BE PERFORMED BY DESIGNBUILDER
10.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS. Adequate
field notes and records shall be available for review by the CITY as the Work progresses and
copies shall be available if necessary. Any inspection or checking of the DESIGN /BUILDER's
field notes or layout work by the CITY and the acceptance of all or any part thereof, shall not
relieve the DESIGNBUILDER of his responsibility to achieve the lines, grades and dimensions
shown in the Plans and Specifications. Prior to final acceptance of the project, the
DESIGNBUILDER shall mark in a permanent manner on the surface of the completed Work all
control points shown on the Plans.
10.3 FURNISHING OF STAKE MATERIALS. The DESIGNBUILDER shall
furnish all stakes, templates and other materials necessary for establishing and maintaining the
lines and grades necessary for control and construction of the Work.
10.4 LAYOUT OF WORK
10.4.1 Utilizing the control points furnished by the CITY, the DESIGNBUILDER shall
establish all horizontal and vertical controls necessary to construct the Work in conformance with
the Plans and Specifications. The Work shall include performing all calculations required and
setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes,
and other reference marks or points necessary to provide lines and grades for construction of all
items.
10.5 SPECIFIC STAKING REQUIREMENTS. Stakes to establish lines and grades
shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and
grades shown on the Plans.
10.6 COORDINATION WITH CITY. 'The CITY's recorded subdivision plats are
not guaranteed to be correct. The distance, bearing and curve information shall be established by
the DESIGN /BUILDER's surveyor to control alignment throughout construction. All surveying
activities will be coordinated with the CITY's surveyor as needed for proper completion of all
work on the site. Primary control monuments, originally set by the CITY, that are disturbed or
destroyed during construction shall be accurately replaced by the DESIGN/BUILDER's surveyor
to the satisfaction of the CITY's surveyor.
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10.7 LOCATION OF EXISTING UTILITIES AND PIPING
10.7.1 All existing underground utilities, such as telephone, cable television and
electrical cables must be located by the DESIGNBUILDER prior to starting work in accordance
with established local procedures, and DESIGNBUILDER shall contact the Utilities in
accordance with established local procedures prior to commencing any work within the project
area. There may be other utilities within the project area.
10.7.2 The cost of substantiating the location of utilities shall be borne by the
DESIGNBUILDER and included in the bid price. The DESIGNBUILDER shall be responsible
for the repair and/or replacement of utilities that it damages during the course of construction.
10.7.3 Utilities deemed to require relocation shall be identified by the
DESIGNBUILDER prior to commencing work. The DESIGNBUILDER shall notice the CITY
of the conflict and seek direction from the CITY prior to proceeding with work. Directions from
the CITY may be to proceed despite conflict, place work order on hold and commence work at a
different location, or relocate utilities under separate contract with the utility or a change order to
be directed by the CITY.
11.0 PROGRESS AND COMPLETION OF WORK
11.1 DESIGNBUILDER'S OBLIGATION
11.1.1 DESIGNBUILDER shall supervise and direct the Work, using
DESIGNBUILDER's best skill and attention. DESIGNBUILDER shall be solely responsible
for and have control over construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under this Contract, unless the Contract Documents
give other specific instructions concerning these matters.
11.1.2 DESIGNBUILDER shall enforce strict discipline and good order among
DESIGNBUILDER's employees and other persons carrying out the Work. DESIGNBUILDER
shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.
11.1.3 DESIGNBUILDER currently holds and shall maintain at all times during the
term of this Contract all required federal, state and local licenses necessary to perform the Work
required under the Contract Documents.
11.1.4 DESIGN /BUILDER shall be responsible to the CITY for the acts and omissions
of DESIGNBUILDER's employees, Subcontractors and their agents and employees, and other
persons performing portions of the Work under a contract with DESIGNBUILDER.
11.1.5 DESIGNBUILDER shall indemnify, defend and hold CITY harmless from all
claims arising out of or related to its performance of the Work except for acts arising solely from
the active negligence of the CITY.
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11.2 SCHEDULE OF COMPLETION. The DESIGNBUILDER's schedules are
subject to the approval of the CITY, which shall not be unreasonably withheld, and shall reflect a
logical sequence of the various components of work and the anticipated rates of production
necessary to complete the Work on or before the completion date. DESIGNBUILDER shall
submit timely progress reports, and invoices therewith, on a no less than monthly basis.
11.3 PROPERTY OF OTHERS
11.3.1 Public Ownership. The DESIGNBUILDER shall be responsible for the
preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or
right -of -way, and shall use every precaution necessary to prevent damage or injury thereto. It
shall use suitable precautions to prevent damage to pipes, conduits and other underground
structures, and shall protect carefully from disturbance or damage all monuments and property
marks until a land surveyor has witnessed or otherwise referenced their location and shall not
remove them until so directed by the CITY in writing.
11.3.2 Private Ownership. Mail and newspaper boxes, sprinkler systems, docks,
ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and/or
relocated by the property owners. However, should such items not be removed or relocated by
the start of construction, the DESIGNBUILDER shall remove the objects, in a manner which
does not damage or injure the objects at no extra cost to the CITY, which interfere with the
construction of the Project and relocate the same as shown in or implied by the Plans. Otherwise,
the DESIGNBUILDER shall not enter upon private property for any purpose without obtaining
permission from the property Owner thereof. Where extensive intrusions upon private property
are required for construction, the CITY and DESIGN /BUILDER shall cooperate to obtain
permission and/or a Temporary Construction Easements from the landowner.
11.4 EXISTING UTILITIES AND FACILITIES.
11.4.1 Protection. All utilities and all structures of any nature, whether below or above
ground, that may be affected by the Work but are not required to be disturbed or relocated by the
very nature of the project, shall be protected and maintained by the DESIGNBUILDER and shall
not be disturbed or damaged by him during the progress of the Work; provided that, should the
DESIGNBUILDER disturb, disconnect or damage any utility or any structure, all expenses of
whatever nature arising from such disturbance or the replacement or repair and testing thereof
shall be borne by the DESIGNBUILDER.
11.4.2 Crossinp, Public Facilities. When new construction crosses highways, railroads,
streets or similar public facilities under the jurisdiction of state, county, CITY, or other public
agency or private entity, the DESIGN /BUILDER shall secure written permission prior to the
commencement of construction of such crossing. The DESIGNBUILDER will be required to
furnish evidence of compliance with conditions of the permit from the proper authority before
final acceptance of the Work by CITY.
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11.5 CONDITION AND STREETS. DESIGN /BUILDER shall maintain streets and
local roads utilized during construction in a manner addressing impacts of the Project to the
condition of the same
11.6 CHANGES IN THE WORK. The CITY may order changes in the Work through
additions, deletions or modifications without invalidating the Contract; however, any change in
the scope of work shall require the written approval of the CITY. Compensation and time of
completion affected by the change shall be adjusted at the time of ordering such change. The
DESIGN /BUILDER shall do such changes in the Work and furnish such materials, labor and
equipment as may be required for the proper completion of construction of the work
contemplated. Changes in the Work not covered by the specifications or special provisions shall
be done in accordance with specifications issued for this purpose. Changes in the Work required
in an emergency to protect life and property shall be performed by the DESIGN /BUILDER as
required. Each change order shall address impacts, if any, to the contract time and the contract
price. In the absence of a written order, no claim for changes in the Work shall be considered.
11.7 EXTENSION OF CONTRACT TIME.
11.7.1 No extension of time shall be valid unless given in writing by the CITY. No
monetary compensation shall be given for delay under any circumstances.
11.7.2 A delay beyond the DESIGN /BUILDER's control occasioned by a natural
disaster or other significant event may entitle the DESIGN /BUILDER to an extension of time in
which to complete the Work as determined by the CITY provided, however, the
DESIGNBUILDER shall immediately give written notice to the CITY of the cause of such
delay.
11.7.3 "Rain day" extensions shall be granted upon written request of the
DESIGN /BUILDER to the CITY's Project Manager when said Project Manager determines that
weather conditions make it counterproductive to work on said days. "Rain day" requests must be
submitted at the end of each work week or be waived, and the cumulative "rain day" extensions
granted shall be processed as a Change Order with each pay submittal.
11.7.4 In the event that the CITY suspends the Work, the DESIGN /BUILDER shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the DESIGN /BUILDER will not be granted an extension of
time to complete the Work if the suspension was caused by a fault of the DESIGNBUILDER.
11.8 CORRECTION OF WORK
11.8.1 DESIGN /BUILDER shall, at no cost to the CITY, promptly correct Work failing
to conform to requirements of the Contract Documents, whether observed before or after
completion of the Work and whether or not fabricated, installed or completed, and shall correct
any Work found to be not in accordance with the requirements of the Contract Documents within
a period of one (1) year from the date of completion of the Work or by the terms of an applicable
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special warranty required by the Contract Documents. The provisions of this Paragraph apply to
the Work done by Subcontractors as well as to the Work done by direct employees of
DESIGNBUILDER.
11.8.2 Nothing contained in this Paragraph shall be construed to establish a period of
limitation with respect to other obligations DESIGNBUILDER might have under the Contract
Documents. Establishment of the time period above relates only to the specific obligation of
DESIGN /BUILDER to correct the Work, and has no effect on the time within which the
obligations of the Contract Documents may be enforced, nor to the time within which
proceedings may be commenced to establish DESIGNBUILDER's liability with respect to
DESIGNBUILDER's remaining contractual obligations.
12.0 PUBLIC HEALTH AND SAFETY
12.1 PROTECTION OF PERSONS AND PROPERTY
12.1.1 The DESIGNBUILDER shall conform to, and abide by, a project
safety/security /risk management plan that describes the DESIGNBUILDER's plans and
procedures to protect the safety and property of property owners, passers -by and all other aspects
of the Work. The plan shall be submitted by CONSULTANT and describes measures and
precautions to be taken during working hours and non - working hours.
12.1.2 Safety Precautions and Programs. The DESIGNBUILDER 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 failure of DESIGNBUILDER or any subcontractor
hired by the DESIGNBUILDER to comply with the Act constitutes a failure to perform. The
DESIGNBUILDER 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 DESIGNBUILDER or
any and all subcontractors.
12.1.3 Safety of Persons and Property. The DESIGNBUILDER shall take all
reasonable precautionary measures for the safety of, and shall provide all reasonable protection to
prevent damage, injury or loss to, all employees on the Work and all other persons who may be
affected thereby; all the work materials and equipment to be incorporated therein, whether in
storage on or off the project site, under the care, custody or control of the DESIGNBUILDER or
any of his subcontractors; and other property on the project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
12.1.4 The DESIGN /BUILDER shall be held fully responsible for such safety and
protection until final written acceptance of the Work.
12.1.5 Temporary provisions shall be made by the DESIGNBUILDER to insure the
proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches,
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which shall not be obstructed except as approved by the CITY. This includes all provisions
necessary for compliance with any regulatory requirements (such as NPDES) relating to erosion
and turbidity control with such measures being indicated on a specifically dedicated project
plan/drawing.
12.1.6 The DESIGNBUILDER acknowledges that, in executing the Project, it will
operate machinery and equipment that may be dangerous to the adjacent property owners and the
general public. The DESIGN /BUILDER will be required to conduct excavations for the Project
that may be hazardous to person and property. The DESIGNBUILDER shall develop and
implement a job safety and security plan that will adequately protect all property and the general
public.
12.2 TRAFFIC CONTROL.
12.2.1 DESIGN /BUILDER shall carry on the Work in a manner that will cause the least
possible obstruction and interruption in traffic, and the least inconvenience to the general public
and the residents in the vicinity of the work. All safety precautions, traffic control, and warning
devices necessary to protect the public and workmen from hazards within the right -of -way shall
be enacted by DESIGNBUILDER in strict accordance with The State of Florida Manual of
Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and
Utility Operations Specifications for Road and Bridge Construction, latest edition. Where such a
plan is needed, DESIGN /BUILDER shall submit and obtain approval of their traffic control plan
by the CITY.
12.2.2 Road Closure and Detours. Local traffic shall be maintained within the limits
of the Project for the duration of the construction period. Closing to through travel will not be
permitted without specific authorization of the CITY. No road or street shall be closed to the
public except with the permission of the CITY and proper governmental authority. When the
closing of roads are permitted, it shall require forty-eight (48) hours notification to the CITY.
Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs
and "Detour" routes shall be indicated and maintained by the DESIGNBUILDER when the job
is located in a public or private street.
12.2.3 Provision of Access. The DESIGNBUILDER shall provide such aid as may
be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the
construction areas. On completion of Work within any area, the DESIGNBUILDER shall
remove all debris, excess material, barricades and temporary Work signs, leaving walkways and
roads in said area clear of obstructions.
12.3 OPEN TRENCHES AND EXCAVATIONS. The DESIGNBUILDER shall
fully comply with Florida Statutes and OSHA regulations with regard to open trenches and
excavations during construction. The DESIGNBUILDER shall place construction hazard
fencing along any open trenches and excavations during the work -day, and shall leave no open
trenches or excavations over -night unless properly fenced and with the specific approval of the
CITY.
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12.4 PLACEMENT OF HEAVY EQUIPMENT. The DESIGNBUILDER shall not
leave construction equipment parked in front of or on a residential lot overnight or on weekends
without advance specific permission. At the close of work each day, the equipment shall be
driven to and stored in a designated area so that the equipment will not become an "attractive
nuisance" to neighborhood children. All equipment left unattended during the course of working
day, such as during lunch hours or work breaks, shall not be left in a condition or location which
would create a safety hazard to the general public. Keys shall be removed from machines during
those times.
12.5 TEMPORARY FACILITIES AND CONTROLS. The DESIGNBUILDER shall
provide controls for sanitary facilities, environmental protection and safety controls on site
acceptable to the Florida Department of Health and Rehabilitative Services, Department of
Environmental Protection, and St. Johns River Water Management District.
12.5.1 Sanitary Provision. The DESIGNBUILDER shall provide and maintain such
sanitary accommodations adequate for the use of his employees and those of his subcontractors,
which shall be made available when the first employees arrive on site of the Work, shall be
properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved. The DESIGNBUILDER shall maintain the sanitary facilities in a
satisfactory and sanitary condition at all times and shall enforce their use. DESIGNBUILDER
shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the
CITY or an adjacent property. The CITY shall have the right to inspect such facilities at all times
to determine whether or not they are being properly and adequately maintained. Following the
period of necessity for such accommodations, they and all evidence affixed thereto shall be
removed.
12.5.2 Water and Electric Supply. The DESIGNBUILDER shall make all necessary
applications and arrangements, and pay all fees and charges for water and electrical service
necessary for the proper completion of the Project up to the time of final acceptance. The
DESIGNBUILDER shall provide and pay for any temporary piping and connections.
12.5.3 Noise and Vibration Control. The DESIGNBUILDER shall provide adequate
protection against objectionable noise and vibration levels caused by the operation of
construction equipment, and shall submit a plan to the CITY for review prior to initiation and
implementation of the plan.
12.5.4 Dust Control. The DESIGN /BUILDER shall provide for adequate protection
against raising objectionable dust clouds caused by moving construction equipment, high winds
or any other cause, and shall submit a plan to the CITY for review prior to initiation and
implementation of the plan.
12.5.5 Water Control. The DESIGNBUILDER shall provide for satisfactory disposal
of surplus water and shall submit a plan to the CITY for review prior to initiation and
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implementation of the plan. Prior approval shall be obtained from the proper authorities for the
use of public or private lands or facilities for such disposal.
12.5.6 Pollution, Siltation and Erosion Control. In accordance with current NPDES
standards, the DESIGNBUILDER shall provide for and take sufficient precautions to prevent
pollution of private and public lands. Erosion control features shall be constructed concurrently
with other work and at the earliest practicable time. The DESIGN /BUILDER shall conform to
the plan established by CONSULTANT'S plan for Erosion and Turbidity Control, including
location of erosion control and turbidity control devices, marked on a plan set as needed for
clarity.
13.0 CITY AND DESIGNBUILDER RELATIONS
13.1 CONSTRUCTION REVIEW.
13.1.1 All work done shall be subject to the construction review of the CITY. Such
construction review may include mill, plant, or shop inspection, and any material furnished under
the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of
the Work and shall be furnished with such information and assistance by the DESIGNBUILDER
and the DESIGNER as is required to make a complete and detailed review.
13.1.2 Any and all technical questions which may arise as to the quality and
acceptability of materials furnished, work performed, or work to be performed, interpretation of
Contract Documents and all questions as to the acceptable fulfillment of the Contract on the part
of the DESIGNBUILDER shall be referred to the designated representative of the CITY who
will resolve such questions. The CITY may appoint inspectors. The DESIGNBUILDER will be
held strictly to the true intent of the Contract Documents in regard to quality of materials,
workmanship, and the diligent execution of the Work.
13.2 TECHNICAL DECISIONS. All claims or conflicts of a technical nature shall be
presented to the designated representative of the CITY for resolution. In making the
determination, CITY shall be provided free access to consult with DESIGNER. Any material
changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that
they be reviewed and initialed by DESIGNER.
13.3 SUSPENSION OF WORK. The CITY shall have the authority to suspend the
Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to
include but not be limited to, unsuitable weather or such other conditions as are considered
unfavorable for prosecution of the Work, failure on the part of the DESIGNBUILDER to carry
out the provisions of the Contract or to supply materials meeting the requirements of the Plans
and Specifications, or the action of a governmental agency, by serving written notice of
suspension to the DESIGN /BUILDER. The DESIGNBUILDER shall not suspend operations
under the provisions of this Paragraph without the CITY's permission.
13.4 LIMITATION TO RESPONSIBILITY
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13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract
Documents nor any decision or determination made by CITY or its representatives in good faith to
exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to
DESIGNBUILDER, any Subcontractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
13.4.2 Whenever in the Contract Documents the terms "as ordered ", "as directed ", "as
required ", "as allowed ", "as approved" or terms of like effect or import are used, or the adjectives
"reasonable ", "suitable ", "acceptable ", "proper" or "satisfactory" or adjectives of like effect or
import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is
intended that such requirement, direction, review or judgment will be solely to evaluate the Work
for compliance with the Contract Documents (unless there is a specific statement indicating
otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its
representative any duty or authority to supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibility contrary to the provisions of this Article.
13.4.3 CITY will not be responsible for DESIGNBUILDER's means, methods, techniques,
sequences or procedures of construction, or the safety precautions and programs incident thereto,
and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work
in accordance with the Contract Documents.
13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of
any Subcontractor, any Supplier, or of any other person or organization performing or furnishing
any of the Work.
13.5 FIELD TESTS AND PRELIMINARY OPERATION. The DESIGNBUILDER
shall perform the work of placing in operation all material and equipment installed under this
Contract, and shall make adjustments necessary for proper operation. The DESIGNBUILDER
shall notify the CITY when work is considered to be complete, in operating condition, and ready
for inspection and tests. The CITY will require such tests as it reasonably deems necessary to
determine if the Work functions properly. Arrangements for testing laboratory services will be
coordinated with the CITY. The cost of the initial testing, and retesting when materials and
workmanship fail to meet specified requirements, will be bourn by DESIGNBUILDER.
13.6 EXAMINATION OF WORK. The CITY may request an examination of work
of the DESIGNBUILDER at any time before acceptance by the CITY of the Work, and
DESIGNBUILDER shall remove or uncover such portions of the work as may be directed. After
examination, the DESIGNBUILDER shall restore said portions of the Work to the standard
required by the Specifications. Should the work thus exposed or examined prove acceptable, the
uncovering or removing and the replacing of the covering or making good of the parts removed
shall be paid for as extra work unless CITY had not been provided a reasonable opportunity to
examine the same prior to it being covered, but should the work so exposed or examined prove
unacceptable, the uncovering, removing and replacing shall be at the DESIGN /BUILDER's
expense.
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13.7 DESIGN /BUILDER'S SUPERINTENDENT. A qualified superintendent, who
is acceptable to the CITY, shall be maintained on the project and give sufficient supervision to
the Work until its completion. The superintendent shall have full authority to act on behalf of the
DESIGN /BUILDER, and all communications given to the superintendent shall be considered
given to the DESIGN /BUILDER. In general, such communications shall be confirmed in writing
and always upon written request from the DESIGNBUILDER.
13.8 CITY'S RIGHT TO CORRECT DEFICIENCIES. Upon failure of the
DESIGNBUILDER to perform the work in accordance with the Contract Documents, including
any requirements with respect to the Schedule of Completion, and after five (5) days written
notice to the DESIGN /BUILDER, the CITY may, without prejudice to any other remedy it may
have, correct such deficiencies. The DESIGNBUILDER shall be charged all costs incurred to
correct the same.
13.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK.
13.9.1 This Agreement may be terminated by the CITY without cause provided at least
thirty (30) days written notice of such termination shall be given to the DESIGN /BUILDER.
13.9.2 In the event of any default by the DESIGN /BUILDER, the CITY shall have the
right to immediately terminate the Contract upon issuance of written notice of termination to the
DESIGNBUILDER stating the cause for such action.
13.9.3 It shall be considered a default by the DESIGNBUILDER whenever it shall:
(a) Declare bankruptcy, become insolvent or assign assets for the benefit of creditors.
(b) Disregard or violate the provisions, or otherwise commit a material breach, of the
Contract Documents or CITY's written instructions, or fail to prosecute the Work according to
the agreed schedule of completion including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workers or subcontractors,
or proper materials, or fail to make prompt payment therefore.
13.9.4 In the event of termination, the CITY may take possession of the Work and of
all materials thereon and may finish the Work by whatever method and means it may select.
13.10 RIGHTS OF VARIOUS INTERESTS. Wherever work being done by the
CITY's forces or by other contractors is contiguous to work covered by the Contract, the
respective rights of the various interests involved shall be established by the CITY, to secure the
completion of the various portions of the Work in general harmony.
13.11 SEPARATE CONTRACTS. The CITY may let other contracts in connection
with the Work of the DESIGNBUILDER. The DESIGN /BUILDER shall cooperate with other
Contractors with regard to storage of materials and execution of their work. It shall be the
DESIGNBUILDER's responsibility to inspect all work by other contractors affecting its work
and to report to the CITY any irregularities that will not permit it to complete work in a
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satisfactory manner. Failure to notify the CITY of such irregularities shall indicate the work of
other contractors has been satisfactorily completed to receive DESIGN /BUILDER's work. It shall
be the responsibility of the DESIGNBUILDER to inspect the completed work in place and
report to the CITY immediately any difference between completed work by others and the Plans.
13.12 SUBCONTRACTS AND PURCHASE ORDERS. Prior to signing the Contract
or at the time specified by the CITY, the DESIGN /BUILDER shall submit in writing for approval
by CITY the names of the subcontractor and suppliers proposed for the Work. Subcontractors
and suppliers may not be changed except at the request or with the approval of the CITY. The
DESIGN /BUILDER is responsible to the CITY for the acts and omissions of its subcontractors
and suppliers, and their direct or indirect employees, to the same extent as it is responsible for the
acts and omissions of its employees. The Contract Documents shall not be construed as creating
a contractual relation between any subcontractors or suppliers and the CITY. The
DESIGNBUILDER shall bind every subcontractor and supplier by the terms of the Contract
Documents.
13.13 WORK DURING AN EMERGENCY. The DESIGNBUILDER shall perform
any work and shall furnish and install materials and equipment necessary during an emergency
endangering life or property. In all cases, it shall notify CITY of the emergency as soon as
practicable, but shall not wait for instructions before proceeding to properly protect both life and
property.
13.14 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party
to the others shall affect or modify any of the terms or obligations contained in any of the
Contract Documents, and none of the provisions of the Contract Documents shall be held to be
waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or
modification thereof in writing, and no evidence shall be introduced in any proceeding of any
other waiver or modification.
13.15 NIGHT, SATURDAY AND /OR SUNDAY WORK. Night, Saturday, and
Sunday work will be permitted.
13.16 UNAUTHORIZED WORK. Work done without lines and grades having been
established, work done without proper inspection, or any changes made or extra work done
without written authority will be done at the DESIGNBUILDER's risk and will be considered
unauthorized, and, at the option of the CITY, may not be measured and paid for.
13.17 USE OF COMPLETED PORTIONS OF THE WORK. The CITY shall have
the right to use, occupy, or place into operation any portion of the Work that has been completed
sufficiently to permit safe use, occupancy, or operation, as determined by CITY. If such use,
occupancy, or operation increases the cost of or delays the Work, the DESIGN /BUILDER shall
be entitled to extra compensation, or an extension of time, or both, as reasonably determined by
CITY. However, if DESIGNBUILDER has failed to complete the Work in accordance with the
time requirements of the Agreement, no compensation (including set -offs to liquidated damages)
shall be allowed for such use or occupancy.
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13.18 DESIGNBUILDER'S RESPONSIBILITY FOR WORK. Until acceptance of
the Work by the CITY, it shall be under the charge and care of the DESIGN /BUILDER, and he
shall take every necessary precaution against injury or damage to the Work by the action of the
elements or from any other cause whatsoever, whether arising from the execution or from the
non - execution of the Work. The DESIGN /BUILDER shall rebuild, repair, restore and make
good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the CITY, before its
completion and acceptance.
14.0 MEASUREMENT AND PAYMENT
14.1 DETAILED BREAKDOWN OF CONTRACT. The DESIGN /BUILDER shall
submit a complete breakdown of the contract amount showing the schedule values assigned to
each part of the Work as provided for in other sections of this agreement, including an allowance
for profit and overhead within ten (10) days of the execution of the Contract by the parties.
14.2 REQUEST FOR PAYMENT
14.2.1 The DESIGNBUILDER may submit to the CITY not more than once each month
a request for payment for work completed. The DESIGNBUILDER shall furnish the CITY all
reasonable facilities and access required for obtaining the necessary information relative to the
progress and execution of the Work. In addition to each month's invoice, an updated project
schedule shall be submitted.
14.2.2 Each request for payment shall be computed from the work completed to date on
all items listed in the detailed breakdown of the contract amount less previous payments and back
charges. If payment is requested on the basis of materials and equipment not incorporated in the
project but delivered and suitably stored at the site or at another location agreed to in writing, the
payment request shall also be accompanied by a bill of sale, invoice or other documentation
warranty that the CITY has received the materials and equipment free and clear of all liens,
charges, security interests and encumbrances, all of which shall be satisfactory to the CITY. No
payments shall be made for materials stored on site without approval of the CITY.
14.2.3 An amount of 10% of each monthly pay request shall be retained until final
completion and written acceptance of the Work by the CITY. For these purposes approval of
final design and construction documents shall be deemed as final completion of design work and
retainage for that portion of the project shall be released. Payment of any outstanding portion of
the retainage shall be included in the DESIGNBUILDER's final pay request. Any deviation in
the release or partial release of the 10% retainage shall be at the sole discretion of the CITY.
14.2.4 Any request for payment shall be accompanied by claim releases for work done
and thereby releases DESIGNBUILDER from the previous application.
14.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
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14.3.1 CITY shall review the request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump -sum contract.
14.3.2 Within ten (10) calendar days from the date of receipt of a request for payment
the CITY shall do one of the following:
(a) Approve the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment as the CITY shall
decide is due the DESIGNBUILDER, informing the DESIGNBUILDER in writing of the
reasons for paying the amended amount.
(c) Disapprove the request for payment, informing the DESIGNBUILDER in writing
of the reasons for withholding payment.
14.4 CITY'S RIGHT TO WITHHOLD PAYMENT. The CITY may withhold payment
in whole or in part on a request for payment to the extent necessary for any of the following
reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if, in the opinion of
the CITY, there is sufficient evidence that the Work has not been satisfactorily completed, or
based upon tests and/or inspections the work is defective or has been damaged requiring
correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by CITY of a
potential filing of a claim or lien against the DESIGNBUILDER or CITY.
(d) Failure of the DESIGNBUILDER to make payments to subcontractors, material
suppliers or labor.
(e) Damage to another contractor.
(f) The CITY has had to correct a defect in the Work, or there are other items
entitling the CITY to a set -off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
14.5 PAYMENT FOR UNCORRECTED WORK. Should the CITY direct, in
writing, the DESIGNBUILDER not to correct work that has been damaged or that was not
performed in accordance with the Contract Documents, an equitable deduction from the contract
amount shall be made to compensate the CITY for the uncorrected work.
14.6 PAYMENT FOR REJECTED WORK AND MATERIALS. The removal of
work and materials duly rejected and the re- execution of work by the DESIGNBUILDER shall
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be at the expense of the DESIGN /BUILDER, and the DESIGNBUILDER shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re- execution of that work. In the event that CITY incurs
expenses related thereto, DESIGN /BUILDER shall pay for the same within thirty (30) days after
written notice to pay is given by the CITY. If the DESIGNBUILDER does not pay the expenses
of such removal, after ten (10) days written notice being given by the CITY of its intent to sell
the materials, the CITY may sell the materials and shall pay to the DESIGNBUILDER the net
proceeds therefrom after deducting all the costs and expenses that are incurred by the CITY. If
the proceeds do not cover the expenses incurred by the CITY, such additional amounts may be
set -off against any payments due DESIGN /BUILDER.
14.7 CHANGE ORDERS
14.7.1 If conditions require a change in the scope of work or additional work varying
from the original Contract Documents, such change shall be effected by the DESIGN /BUILDER
when the CITY issues a written Change Order. The Change Order shall set forth in complete
detail the nature of the change, any impact on the project schedule, the change in the
compensation to be paid the DESIGNBUILDER and whether it is an addition or a reduction of
the original total contract cost. Should additional or supplemental drawings be required, they will
be furnished by DESIGN /BUILDER.
14.7.2 Compensation to be paid to the DESIGNBUILDER for accomplishing the work
of a Change Order shall be established in one of the following ways:
(a) By lump sum proposed by the DESIGNBUILDER and accepted by the CITY.
(b) By unit prices established and agreed to.
(c) By other methods as may be mutually agreed upon.
(d) By force account wherein the DESIGNBUILDER provides the labor and
materials at DESIGN /BUILDER'S direct cost plus 15% for overhead and profit. When the force
account method is used, the DESIGNBUILDER shall provide full and complete records of all
costs for review by the CITY.
14.8. CLAIMS
14.8.1 Claims arising from changes, additional costs or revisions made by the
DESIGNBUILDER at the CITY's request, or due to the actions of the CITY or its agents, shall
be presented to the CITY before work starts on the changes or revisions.
14.8.2 If the DESIGNBUILDER deems that extra compensation is due, the
DESIGNBUILDER 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 DESIGNBUILDER a method acceptable to the CITY for
keeping strict account of actual cost, then the DESIGNBUILDER hereby waives its request for
such extra compensation. The CITY is not obligated to pay the DESIGNBUILDER if the CITY
is not notified as described above. Such notice by the DESIGNBUILDER and the fact that the
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CITY has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
14.8.3 The DESIGNBUILDER may refuse to perform additional work requested by
the CITY, or the CITY may suspend work, until an appropriate agreement is executed by the
parties.
14.9 CANCELLED ITEMS OF WORK
14.9.1 The CITY shall have the right to cancel those portions of the contract relating to
the construction of any item provided therein. Such cancellation, when ordered by the CITY in
writing, shall entitle the DESIGNBUILDER to the payment of a fair and equitable amount
covering all costs incurred by him pertaining to the canceled items before the date of cancellation
or suspension of the Work. The DESIGNBUILDER shall be allowed a profit percentage on the
materials used and on construction work actually done, at the same rates as provided for "Change
Orders ", but no allowance will be made for anticipated profits.
14.9.2 Acceptable materials ordered by the DESIGNBUILDER or delivered on the site
before the date of such cancellation or suspension shall be purchased from the
DESIGNBUILDER by the CITY at actual cost and shall thereupon become the property of the
CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall
pay any applicable delivery or cancellation charges.
14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any
part thereof shall be suspended by the CITY, the DESIGNBUILDER will then be entitled to
submit a payment request for all work done.
14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work
performed by the CITY removing construction materials, equipment, tools and supplies, cleaning
up, or in correcting deficiencies in shall be paid by the DESIGNBUILDER.
14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT
14.12.1 Termination by CITY for Cause. Upon termination of the contract by the
CITY for cause, including abandonment or termination by DESIGNBUILDER, the CITY may
enter into an agreement with others for the completion of the Work under this Agreement. No
further payments shall be due the DESIGNBUILDER until the Work is completed and accepted
by the CITY. If the unpaid balance of the contract amount shall exceed the cost of completing the
Work including all overhead costs, DESIGNBUILDER shall be paid up to the amount of the
excess balance for the work done prior to termination. If the cost of completing the Work shall
exceed the unpaid balance, the DESIGN /BUILDER or its Surety shall pay the difference to the
CITY. All work done, tracings, plans, specifications, maps, computer programs and data
prepared by the DESIGN /BUILDER under this Agreement shall be property of the CITY.
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14.12.2 Termination by CITY Without Cause. In the event the CITY without cause
abandons, terminates or suspends this Agreement, the DESIGNBUILDER shall be compensated
for services rendered up to the time of such termination and any work done or documents
generated by the DESIGNBUILDER shall remain the property of the CITY.
14.13 RELEASE OF CLAIMS. The DESIGNBUILDER shall deliver, with each
request for payment, a completed Affidavit and Release of Claim on a form supplied by CITY.
Also, a Claimant's Sworn Statement of Account executed by each supplier or subcontractor who
has notified the CITY of his right to file a Claim, or who is listed in the DESIGNBUILDER's
Affidavit and Release of Claim as an unpaid potential Claimant, must be attached to each request
for payment. If the completed forms are not supplied with the request for payment, the CITY will
notify DESIGN /BUILDER of the outstanding claims of record and, if said completed forms are
not supplied within thirty (30) days, the CITY shall make joint payments to the
DESIGNBUILDER and outstanding claimants.
14.14 FINAL COMPLETION. The Contract will be considered complete when all
work has been finished, the final construction review is made by the CITY, as -built plans and
documentation has been submitted, and the Project accepted in writing by the CITY.
14.15 ACCEPTANCE AND FINAL PAYMENT,
14.15.1 When it is determined, as a result of a joint inspection of the Work by the
DESIGNBUILDER and CITY, that there is Final Completion of the Work in accordance with
the terms of the Contract Documents, the DESIGNBUILDER may submit the
DESIGN /BUILDER's final request for payment. The DESIGN /BUILDER'S final request for
payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made.
14.15.2 As a condition for Final payment, a DESIGN /BUILDER's Final Affidavit must
be received by the CITY along with conditional final releases of Claim for labor, materials and
equipment incurred in connection with the Work. Thereafter, CITY will release the
DESIGNBUILDER except as to the conditions of the performance bond, any legal rights of the
CITY, required guarantees and satisfaction of all warranty work, and shall authorize payment of
the DESIGNBUILDER's final request for payment.
14.16 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT. The
making of the final payment by the CITY to the DESIGNBUILDER shall not relieve the
DESIGNBUILDER of responsibility for faulty materials or workmanship, or from the obligation
to perform warranty work.
15.0 INSURANCE
15.1 LIABILITY INSURANCE
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15.1.1 DESIGNBUILDER shall purchase and maintain the liability insurance described
herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's
performance of the Work and DESIGNBUILDER's other obligations under the Contract
Documents, whether such performance is by DESIGNBUILDER, by any Subcontractor or
Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable.
15.1.2 The liability insurance shall include liability insurance applicable to all of
DESIGNBUILDER's obligations under the Contract Documents. DESIGNBUILDER agrees to
pay on behalf of CITY, and to provide and pay a legal defense for, all such claims applicable to
DESIGNBUILDER's obligations under the indemnification provisions herein.
DESIGNBUILDER accepts as adequate compensation for the contractual liability insurance the
amount contained in the Contract Documents.
15.1.3 Liability insurance coverage shall include as a minimum each of the following types
of insurance:
A. General Liability policy with limits for not less than $1,000,000 for each occurrence
and not less than $1,000,000 aggregate with the following coverage:
(1)
Comprehensive Form.
(2)
Premises - Operations.
(3)
Explosion and Collapse Hazard.
(4)
Underground Hazard.
(5)
Products/Completed Operations Hazard.
(6)
Contractual Insurance.
(7)
Broad Form Property Damage Including Completed Operations.
(8)
Independent Contractors.
(9)
Personal Injury [with Employment Exclusion deleted.]
B. Automobile Liability policy with limits for not less than $1,000,000 for each
occurrence and not less than $1,000,000 aggregate with the following coverage:
(1)
Comprehensive Form Including Loading and Unloading.
(2)
Owned.
(3)
Hired.
(4)
Non - Owned.
15.2 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the
event the DESIGNBUILDER subcontracts the design services, then the DESIGNER shall provide
and maintain a professional liabilities /errors and omissions insurance policy having minimum limits
of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall
delete any design/build exclusion that could adversely affect coverage because of the design/build
format of the Contract Documents. Coverage shall be provided for full resultant damages. Such
professional liability insurance certificates shall be provided to the CITY prior to commencement of
design Work.
15.3 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY.
DESIGNBUILDER shall obtain full Worker's Compensation Insurance coverage for no less than
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the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for
each employee for all persons whom it employs or may employ in carrying out the Work under the
Agreement. This insurance shall be in strict accordance with the requirements of the most current
and applicable state Worker's Compensation laws.
15.4 GENERAL REQUIREMENTS
15.4.1 DESIGNBUILDER shall not commence or continue to perform any Work unless
it, at its own expense, has in full force and effect all required insurance, and until all insurance
Certificates and Endorsements have been filed evidencing the specific insurance coverage required,
nor shall any payment for Work performed become due and payable until such Certificates and
Endorsements have been filed. The DESIGNBUILDER shall not permit any Subcontractor,
Supplier or other person or organization to perform Work on the Project unless the Worker's
Compensation Insurance requirements have been complied with by such Subcontractor, Supplier or
other person or organization.
15.4.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in
effect for the full Warranty Period, even as extended. Should any coverage approach expiration
during the period in which it is to remain in full force and effect, it shall be renewed prior to its
expiration.
15.4.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business
in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A"
Best's Rating and a Class XI or better financial category in accordance with the most current A. M.
Best Company ratings.
15.4.4 At the time indicated in the Contract Documents, as evidence of specified insurance
coverage, DESIGNBUILDER shall provide certificates of insurance evidencing the specific
policies issued, the limits of coverage afforded, and the specific endorsements provided, all in
accordance with forms prescribed by CITY. No alteration or substitution of said insurance
certificate forms will be allowed, unless approved by CITY in writing.
15.4.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy
to CITY of each insurance policy purchased by DESIGNBUILDER pursuant to this Article within
thirty (30) days of the request.
15.4.6 All the policies of insurance required of DESIGNBUILDER in the Contract
Documents shall be endorsed to include CITY, each of its directors, officers, employees,
representatives, agents or volunteers as additional insureds. The insurance afforded to these
additional insureds shall be primary insurance. If the additional insureds have other insurance
which might be applicable to any loss, the amount of insurance provided under
DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the
other insurance.
15.4.7 All the policies of insurance so required of DESIGNBUILDER in this Article shall
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be endorsed to expand coverage as required in this Article.
15.4.8 Deductible /self - insured retention amounts shall be subject to approval by CITY,
and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense
including attorney's fees (and attorney's fees on appeal) shall not be included within the policy
coverage but shall remain the responsibility of insurer.
15.4.9 Nothing contained in these insurance requirements is to be construed as limiting the
liability of DESIGNBUILDER or DESIGNBUILDER's insurance carriers. It is to be understood
that CITY does not in any way represent that the insurance (or the limits of insurance) specified in
this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are
merely minimums.
15.4.10 Umbrella Liability Insurance shall not be more restrictive than the underlying
insurance policy coverages.
15.4.11 All the policies of insurance (or the certificates or other evidence thereof) required
to be purchased and maintained by DESIGNBUILDER in accordance with the Contract
Documents will contain a provision or endorsement that the coverage afforded will not be canceled
or materially changed or renewal refused until at least thirty days' prior written notice has been
given to CITY by certified mail.
15.5 CITY'S INSURANCE. CITY shall have the option of purchasing and
maintaining its own insurance without prejudice to its rights hereunder. Further, if
DESIGN /BUILDER fails to obtain or renew insurance or fails to maintain insurance in a form
required by the Contract Documents, or if any insurance company DESIGNBUILDER has
procured insurance from declares bankruptcy, is declared bankrupt, or if the Insurer loses its "A"
policyholder's rating or if its financial size category rating falls below CIass XI in the most
current A. M. Best's rating, CITY may procure insurance at DESIGN /BUILDER's expense in the
coverage amounts required by the Contract Documents and shall be entitled to deduct CITY'S
resultant costs from the Contract Price by issuing a Change Order. In lieu of procuring insurance
at DESIGNBUILDER's expense, CITY has the option to stop or suspend the Work or terminate
DESIGNBUILDER's services as provided in the Contract Documents. CITY's actions under this
paragraph shall not entitle DESIGN /BUILDER to an increase in Contract Price or an extension
of Contract Time.
15.6 OBJECTION TO INSURANCE
15.6.1 Neither CITY's review of the coverage afforded by or the provisions of the policies
of insurance purchased and maintained by DESIGNBUILDER, nor CITY's decisions to raise or not
to raise any objections about either or both, shall in any way relieve or decrease the liability of
DESIGNBUILDER. If CITY elects to raise an objection to the coverage afforded by or the other
provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such
additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any
deficiencies in the policies of insurance at once.
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15.6.2 CITY's authority to object to insurance shall not in any way whatsoever give rise to
any duty on the part of CITY to exercise this authority for the benefit of DESIGNBUILDER or any
other party.
16.0 PUBLIC CONTRACT REQUIREMENTS
16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGNBUILDER
warrants that he has not employed or retained any company or person, other than a bona fide
employee working solely for the DESIGNBUILDER, 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 DESIGN /BUILDER, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this paragraph, the CITY shall have the
right to terminate the Agreement without liability and, at its discretion, deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift
or consideration.
16.2 INTEREST OF MEMBERS OF CITY AND OTHERS. No officers, members
or employees of the CITY and no member of its governing body, and no other public official of
the governing body of the locality or localities in which services for the facilities are situated or
carried out, who exercises any functions or responsibilities in the review or approval of the
undertaking or carrying out of this project, shall participate in any decision relating to this
Agreement which affects his personal interest, or have any personal or pecuniary interest, direct
or indirect, in this Agreement or the proceeds thereof.
16.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING. The
DESIGNBUILDER agrees that no Federal appropriated funds have been paid or will be paid by
or on behalf of the DESIGNBUILDER to any person for influencing or attempting to influence
any officer or employee of any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of any
Federal contract, the making of any Federal Grant, the making of any Federal loan , the entering
into of any cooperative agreement and the extension, continuation, renewal, amendment or
modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other
than Federal appropriated funds have been paid by the DESIGNBUILDER 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 this Project, the undersigned shall complete and submit Standard Form -
"Disclosure Form to Report Lobbying" in accordance with its instructions. Further,
DESIGNBUILDER agrees to not lobby the governing body of CITY as to performance and
other matters related to this Agreement.
16.4 INTEREST OF DESIGNBUILDER. The DESIGN /BUILDER 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 DESIGNBUILDER further covenants that in the performance of this
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Agreement, no person having any such interest shall be employed. The DESIGNBUILDER shall
not undertake any professional work which conflicts with his duties as the CITY's
DESIGN /BUILDER without the prior written consent of the CITY during the term of this
Agreement. Any work where the DESIGNBUILDER 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.
16.5 PUBLIC ENTITY CRIMES. The DESIGN /BUILDER has filed the sworn
statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as
defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime
subsequent to July 1, 1989, in accordance with the provisions of said statute.
DESIGN /BUILDER has a continuous obligation to inform CITY if the status of compliance
under this statement changes.
16.6 DRUG -FREE WORKPLACE. The Agreement documents also consist of the
"Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be
signed and instituted.
16.7 COMPLIANCE WITH GRANTS. DESIGN /BUILDER shall perform the Work
in conformance with the terms and conditions of any and all grants obtained by CITY for the
funding of the Project.
16.8 BOND. The DESIGN /BUILDER shall provide Bonds in the form prescribed by
State Law, and generally as shown in these Documents, for Performance and Payment, each in
the amount of 100% of the total contract amount.
16.9 PERMITS & FEES All CITY, state, county, FDOT, FAA, St. John's River
Water Management District permits, utility permits, impact fees, and any /all other permits, and
or fees, necessary for the prosecution of the Work shall be drafted, applied for, paid for, and
secured by the DESIGNBUILDER, except for DESIGN /BUILDER's licenses and registrations.
DESIGN /BUILDER shall secure a building permit if required by the CITY's Building Official.
16.10 LAWS TO BE OBSERVED
16.10.1 The DESIGN /BUILDER shall give all notices and comply with all state and
local laws, ordinances, permit requirements and regulations in any manner affecting the conduct
of the Work, and all such orders and decrees as enacted by bodies or tribunals having any
jurisdiction or authority over the Work, and shall indemnify and save harmless the CITY and its
agents and representatives against any expense, claim or liability arising from, or based on, the
violation of any such law, ordinance, regulation, permit requirements, order or decree, whether
by himself or his employees.
16.10.2 DESIGN /BUILDER shall comply with all applicable federal laws that in any
way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC
§7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593,
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Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination
Act (PL 85 -624), The Safe Water Drinking Act Section 1424(e) (PL 93 -523, as amended), The
Wild and Scenic Rivers Act (PL 90 -542, as amended), The Demonstration Cities and
Metropolitan Development Act of 1966 (PL 89 -754), Section 306 of The Clean Air Act, Section
508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-
352), The Age Discrimination Act (PL 94 -135), Section 13 of The Federal Water Pollution
Control Act (PL 92 -500), Executive Order No. 11246, Executive Order No. 11625, Executive
Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the
Occupational Safety and Health Act and applicable regulations, and the Americans with
Disabilities Act (PL 101 -336), and shall indemnify and save harmless the CITY and its agents
and representatives against any expense, claim or liability arising from, or based on, the violation
of any such law or regulation, whether by himself or his employees.
16.10.3 The DESIGNBUILDER shall keep himself fully informed of all existing and
pending state and national laws and municipal ordinances and regulations in any manner
affecting those engaged or employed in the Work, or in any way affecting the conduct of
tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency
is discovered in the Plans, Specifications, or Contract Documents for this work in relation to any
such law, ordinance, regulations, order or decree, he shall forthwith report the same to the CITY
in writing. He shall at all times himself observe and comply with and cause all his agents,
subcontractors and employees to observe and comply with decrees; and shall protect and
indemnify the CITY, its officers, employees and agents against any expense, claim or liability
arising from or based upon violation of any such law, ordinance, regulations, orders or decree,
whether by himself or his employees.
16.10.4 All building construction work alterations, repairs or mechanical installations
and appliances connected therewith shall comply with the applicable building rules and
regulations, restrictions and reservations of record, local ordinances and such other statutory
provisions pertaining to this class of work.
16.10.5 The failure of the DESIGNBUILDER to adhere to any law or regulation
pertaining to furnishing services under this Agreement shall constitute a material breach of this
Agreement.
17.0 MISCELLANEOUS
17.1 ADDRESSES FOR NOTICES. All notices given under or in connection with
any of the Contract Documents shall be delivered in person or by e -mail, telegraph, or registered
or certified mail to the parties at the address as either party may by notice designate.
17.2 WRITTEN NOTICE. Written notice shall be considered as served when
delivered to the designated representative of the DESIGNBUILDER and receipt acknowledged
or sent by registered mail to the individual, firm, or corporation to the business address stated in
the Proposal unless a notice of address change has been delivered. It shall be the duty of each
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party to advise the other parties to the Agreement as to any changes in his business address until
completion of the Agreement.
17.3 TAXES. DESIGN /BUILDER shall pay all sales or other taxes of any type that
may be incurred in connection with the Work hereunder, and shall reimburse the CITY for any
such taxes paid by the CITY. However, DESIGN /BUILDER agrees to cooperate with any direct
purchase program that CITY, in its sole discretion, decides to implement, and will provide for
direct invoicing of the CITY by its suppliers with the invoiced amount and the tax savings
thereupon being processed as a deduction from the Contract Price.
17.4 NO WAIVER OF LEGAL RIGHTS. Neither the payment for, nor acceptance
of the whole or any part of the Work by the CITY or representatives of the CITY, nor any
extension of time, nor the withholding of payments, nor any possession taken by the CITY, nor
the termination of employment of the DESIGN /BUILDER shall operate as a waiver of any
portion of the Contract or any power therein reserved or any right therein reserved or any right
therein provided, nor shall the waiver by the CITY of any of the DESIGN /BUILDER'S
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the DESIGN /BUILDER under this Agreement.
17.5 RIGHT TO WORK PRODUCT. No reports, data, programs or other material
produced in whole or in part under this Agreement shall be subject to copyright by the
DESIGN /BUILDER in the United States, or in any other country. The CITY, or its assigns and
agents, shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in
whole or in part, any reports, data, designs, specifications, programs, other material and/or any /all
intellectual property prepared under this Agreement. All tracings, plans, specifications, reports,
maps, permit applications, computer programs /AutoCAD, and data prepared or obtained under
this Agreement shall remain the property of the CITY. Any use of any plans and specifications
by the CITY, except the use reasonably contemplated by the CITY at the time the CITY entered
this Agreement, will be at the CITY's risk and DESIGNBUILDER, its officers, directors and
employees will be held harmless from such use.
17.6 NON - AGENCY DESIGNBUILDER shall perform all Work under this Agreement
as an Independent Contractor and shall not be considered an agent of CITY, nor shall
DESIGNBUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents
of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER,
any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses,
fees and profits, if any, in performing the Work.
17.7 COMPUTATION OF TIME. When any period of time is referred to in the
Contract Documents by days, it shall mean calendar days, unless otherwise stated, and be computed
to exclude the first and include the last day of such period. If the last day of any such period falls
on a Saturday or Sunday or on a Holiday, such day shall be omitted from the computation.
17.8 PARTIAL INVALIDITY. If any provision of this contract is held by a court of
competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not
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affect the other parts of this Proposal if the rights and obligations of the parties contained herein are
not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that
end, this contract is declared severable.
17.9 CONSEQUENTIAL DAMAGES. In no event shall DESIGNBUILDER be
entitled to recover from CITY any indirect, incidental, or consequential damages in any proceeding
arising out of or relating to this Agreement or breach thereof.
17.10 SURVIVABILITY. All representations, indemnities, warranties and guarantees
required by the Contract Documents, including the Warranty Period shall survive Final Payment
and termination or completion of this Agreement.
17.11 DISPUTE RESOLUTION. Prior to initiating litigation as to any issue related to
this Agreement, a party must offer in writing, absent exigent circumstances, to mediate the disputed
issues with a certified mediator. If the offer to mediate is not accepted within one week, the offer to
mediate shall be deemed rejected and the parties may proceed with available legal remedies.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTEST:
THE CITY OF SEBASTIAN
Sally A. Maio, MMC, City Clerk Al Minner, City Manager
(SEAL)
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
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-------------------------------------- - - ---- DESIGNBUILDER
AFCO
Aldo J. Ferrera
President
STATE OF FLORIDA
COUNTY OF
Sean-Paul Ferrera
Vice - President
Sworn to, subscribed, and acknowledged before me on this _day of August, 2011, by Aldo J.
Ferrera and Sean -Paul Ferrera, who ARE: [ ] personally known to me or [ ] who have
produced (type of identification) as identification.
Notary Public -State of Florida
seal
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