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10-03-2016City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Michael Ignasiak, Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Council Chambers6:00 PMMonday, October 3, 2016 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Proclamation presented to PFC Michael Manley of the Atlantic Coast Young Marines reflecting the City of Edgewater’s encouragement and support of Red Ribbon Week during the week of October 23 - 31, 2016 which is a nationally recognized illicit drug awareness event. 3.a. Proclamations Presented Outside Chambers - None at this time 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. Page 1 City of Edgewater Printed on 9/23/2016 October 3, 2016City Council Meeting Agenda a.Engineering and Bidding Services for the Reclaimed Water Main Extension Phases 1, 2 and 3 QLH Proposal 2015-10-06 2016-R-31 Resolution for Application for Design Attachments: b.Capital Lease Agreement with American Capital for the FY2017 Light Duty Vehicles American Capital Lease 8792 8788 8789 8790 8801 8802 8803 Attachments: c.Revision of the Community Development Block Grant (CDBG) - FY2016/2017 Capital Improvement Project Applications 2016-9-22 CDBG FY16.17 Revised Capital Proj - YMCA Restroom Addition Edgewater_YMCA_Close Cnty LMI Map 2016-9-22 CDBG FY16.17 Revised Capital Proj 1 - ADA SW 30th Street 2016-4-13 1 30th Street Attachment A 2016-4-13 2 30th Street Attachment B CDBG-KOOK 386 Grant Decline Attachments: 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.Resolution No. 2016-R-32 - Adoption of Title VI - Non-Discrimination Plan and Assurance.olution 2016-R-32 FDOT - Title VI - NonDiscriminationPlan TITLE VI POLICY-attachment to Resolution Attachments: b.Resolution No. 2016-R-33 Purchasing Policy 2016-R-33 Purchasing Policy Purchasing Policy final updated oct 2016 revision strikethru-underline Attachments: 9. BOARD APPOINTMENTS Page 2 City of Edgewater Printed on 9/23/2016 October 3, 2016City Council Meeting Agenda a.Recreation & Cultural Services Board - Councilwoman Bennington’s appointment due to resignation of Debra Sopko. Glen Powers RCS Application Rose Hoffman RCS Application Muradian, Roberta 3-31-16 Golub, Gina - 2016 Reynolds, Jennifer - Board Application 2016 Attachments: b.Citizen Code Enforcement Board - Councilman Blazi’s appointment due to the expired term of Ed Corn who is not seeking reappointment Reynolds, Jennifer Rose Hoffman Taylor, Cathy Attachments: c.Planning and Zoning Board - Appointment due to the expired term of Pat Card, who is seeking reappointment. Request for reappointmentAttachments: 10. OTHER BUSINESS a.ITB 16-ES-002 - US Hwy #1 and SR #442 Landscape Beautification Project ESD Copy of Bid Tab 16-ES-002 - U.S. Hwy 1 and S.R. 442 FDOT Landscape Beautification Project - Bid Opening docs RJ Landscape Inc contract Attachments: b. Construction Engineering and Inspection Services (CEI) for the US 1 and SR 442 Landscape Beautification Project QLH Proposal CEI-US Hwy #1 and SR #442 FDOT Landscape Beautification Project Revised August 22, 2016 CPH Proposal CEI-US Hwy #1 and SR #442 FDOT Landscape Beautification Project Attachments: 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS Page 3 City of Edgewater Printed on 9/23/2016 October 3, 2016City Council Meeting Agenda 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick , 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 4 City of Edgewater Printed on 9/23/2016 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2070,Version:1 COUNCIL AGENDA ITEM SUBJECT: Proclamation presented to PFC Michael Manley of the Atlantic Coast Young Marines reflecting the City of Edgewater’s encouragement and support of Red Ribbon Week during the week of October 23 -31,2016 which is a nationally recognized illicit drug awareness event. City of Edgewater Printed on 9/22/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2109,Version:1 COUNCIL AGENDA ITEM SUBJECT: Engineering and Bidding Services for the Reclaimed Water Main Extension Phases 1, 2 and 3 DEPARTMENT:Environmental Services SUMMARY: At the September 6,2016,City Council Resolution No.2016-R-31 was approved which authorized staff to formally submit an application for financial assistance through the Florida Department of Environmental Protection Agency’s State Revolving Fund Program.This will provide funding for the design and permitting of the Reclaimed Water Main Extension proposed for three separate phases of construction.Staff anticipates sending an application for construction at the July SRF hearing,but the design of the project must be complete. Quentin L.Hampton Associates has provided a proposal in the amount of $336,538 to perform this work as outlined in the attached proposal BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable 444-5555-580.63-10 RECOMMENDED ACTION: A motion to authorize the City Manager to issue a Purchase Order to Quentin L.Hampton Associates in the amount of $336,538 for Engineering and Bidding Services for the Reclaimed Water Main Extension Projects. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ RESOLUTION NO. 2016-R-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FINANCIAL ASSISTANCE UNDER THE STATE REVOLVING FUND FOR POINT SOURCE WATER POLLUTION CONTROL FOR THE DESIGN OF THE RECLAIMED WATER MAIN EXTENSION PHASES I,II AND III;IDENTIFYING REVENUES PLEDGED FOR REPAYMENT OF LOAN FUNDS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater has made the following determinations: WHEREAS, City staff has recommended that the City of Edgewater apply for financial assistance under the State Revolving Fund Point Source Water Pollution Control Program administered by the Florida Department of Environmental Protection for design of the Reclaimed Water Main Extension Phases I, II and III; and WHEREAS, City Council concurs with staffs recommendations and desires to authorize the submission of an application for financial assistance for the Reclaimed Water Main Extension Phases I, II and III; and WHEREAS,Florida Department of Environmental Protection requires a resolution authorizing the local government to apply for assistance as part of the loan application; and NOW,THEREFORE,BE IT RESOLVED by the People of the City of Edgewater, Florida as follows: PART A. STIPULATIONS. Section 1. The City Manager of the City of Edgewater,Florida,is hereby authorized to submit an application to the Florida Department of Environmental Protection for financial assistance under the State Revolving Fund Point Source Water Pollution Control Program for the design of the Reclaimed Water Main Extensions. 2016-R-31 I 1 Section 2. The State Revolving Fund(SRF) loans are secured by a junior lien on and pledge of the net revenues of the water and sewer system. Section 3. The City Manager is authorized to provide assurances, execute the loan agreement, and represent the City of Edgewater in carrying out responsibilities under the loan agreement. PART B. SEVERABILITY AND APPLICABILITY. If any section,subsection,sentence,clause,phrase,or portion of this Resolution,or application hereof,is for any reason held invalid or unconstitutional by any Court,such portion or application shall be deemed a separate,distinct,and independent provision,and such holding shall not affect the validity of the remaining portions or applications hereof. PART C. CONFLICTING PROVISIONS. All resolutions, or parts thereof that are in conflict are hereby repealed. PART D. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. PART E. ADOPTION. During the September 6, 2016 Council meeting, a motion to approve was made by with Second by The vote on this resolution is as follows: AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power N Councilwoman Gigi Bennington 3SE:A1 T Councilman Dan Blazi N Councilman Gary Conroy PASSED AND DULY ADOPTED this 6th day of September,2016. 2016-R-31 2 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By:/ /4/4 41*j Robin L. Matusick Michael Isnasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater,Florida. Approved as to form and Edgewater at a meeting held on this 6th day of legality by: Aaron Wolf September, 2016 under Agenda Item No. City Attorney Doran Sims Wolfe&Ciocchetti 2016-R-31 3 BRAD T.BLAIS,P.E. Quentin L. Hampton Associates, Inc. TELEPHONE:(386)761-6810 DAVID A KING.P E. P FAX:(386)761-3977 ANDREW M.GIANNINI,P.E. Consulting Engineers EMAIL:glha©glha.corn KEVIN A.LEE,P E. P.O.DRAWER 290247 PORT ORANGE,FLORIDA 32129-0247 October 6, 2015 Brenda Dewees Email:bdweesPcityofedyewater.org City of Edgewater Hard Copy Mailed Only on Request P.O. Box 100 Edgewater, FL 32032 CITY OF EDGEWATER RECLAIMED WATER MAIN EXTENSION PHASES 1,2 AND 3 SCOPE OF SERVICES AND FEE ESTIMATE- Dear Ms. Dewees, We appreciate the opportunity to offer this proposal for professional services associated with the above referenced project. The enclosed Scope of Services and Fee Estimate details proposed design elements, permitting requirements and ancillary work necessary to prepare bid documents. Please review the enclosed and notify our office if acceptable. Do not hesitate to contact our office if you have any questions. Sincerely, QUENTIN L;, P ON ASSOCIATES, INC. Br. : .' E. tvin A. Lee, P.E. Preside t Project Manager BTB/KAL:bf cc: Randy Coslow, PE Enclosures: Scope of Services Figure 1,Vicinity Map EW113 RWM Extensions Phase 1_23 Proposal•Revised 10.6,15 CITY OF EDGEWATER RECLAIMED WATER EXTENSION PHASES 1, 2 AND 3 SCOPE OF SERVICES AND FEE PROPOSAL GENERAL- This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater (City) and Quentin L. Hampton Associates, Inc (QLH). BACKGROUND The attached figure shows the City's existing reclaimed water distribution system and three (3) proposed extensions.These extensions will expand the system west along SR 442 and north to the City's proposed Public Works Facility. The First phase will consist of approximately 6,000 If of 12" pipe to the proposed Public Works Facility at Dale Ave. The site plan for the Public Works Facility includes an 8 acre reclaimed storage pond with an outfall to adjacent wetlands for augmentation of fresh surface waters. Subsequent phases of the project will include extension of the existing reclaimed water main further west on SR 442. The second phase of reclaimed water main extensions would be from Willow Oak Dr. to Coral Trace. This 16" reclaimed main extension will serve existing and proposed developments with reclaimed water distribution systems. The third phase will extend the system west of 1-95 for future developments and additional wetland outfall/aquifer recharge. Project costs for all three (3) phases of the reclaimed main extensions are estimated to total $3,946,800. TASK 1-SURVEY AND GEOTECHNICAL Coordinate survey with sub-consultant of the topography within rights-of-way and property boundaries. A geotechnical sub-consultant will perform sub-surface investigations. TASK 2 -DESIGN PHASE The Engineer shall complete design and permitting for Phases 1, 2 and 3.Authorization for design shall be issued concurrently for all (3) phases, or individually. The Phase 1 project involves approximately 6,000 if of pipe and sitework at the City's proposed Public Works facility. Permitting for this project will require biological work to include jurisdictional surveys and off-site investigations for effluent discharge. The City will engage their biological sub-consultant independently for this work. Additional laboratory analysis of background water quality and/or effluent may also be required. The City has a contract laboratory who can accomplish sampling and testing. QLH will coordinate this work, City will contract directly with laboratory. The conceptual construction cost estimate for Phase 1 is approximately$1.1M. Phase 2 requires construction of approximately 10,000 if of 16" reclaimed water main to Coral Trace subdivision. The conceptual cost estimate is $1.5M. Phase 3 is an additional 6,000 If of 16" water main to serve(2) future subdivisions west of I-95.The conceptual cost EW113 RWM Extensions Phase 1_2_3 Proposal-Revised 10.6.15 estimate is approximately $1.OM. This connection will enable utilization of virtually all effluent from the City's water reclamation facility. Permit applications to FDEP (sewer) and SJRWMD (stormwater) will be prepared and submitted at the 90%deliverable. Permit application fees are not included in this proposal. If subsequent authorizations for phases 2 and/or 3 are issued more than 90 days from authorization for phase 1,the Engineer reserves the right to modify the fee proposal. TASK 3 - BIDDING PHASE Advertisement- QLH will assist the City in the advertisement for bids. QLH will distribute copies of the project documents to bidders, answer questions from bidders, issue addendums as necessary,attend the pre-bid conference and attend the bid opening. Bid Evaluation - QLH will evaluate all submitted bids for accuracy/completeness and prepare bid tabulation. The qualifications of the low bidder(s) will be evaluated. QLH will deliver the bid tabulation and a Recommendation of Award letter to the City. Documentation required for concurrence in award by the Bureau of Facility Funding will be prepared and submitted. TASK 4-CONTRACT ADMINISTRATION AND INSPECTION Contract administration and inspection are not included at this time. These items will be addressed in a future proposal. EXCLUSIONS: The scope of work does not include easement acquisition, title search services, groundwater monitoring/remediation, wetland/ecological assistance, laboratory testing and/or legal services,or any other task not identified in the scope. Cost-A breakdown of fees is included below: Phase 1 Phase 2 Phase 3 Task 1-Survey and Geotechnical 25,000 29,500 $ 20,000 Task 2- Design and Permitting 82,800 98,112 $ 65,376 Task 3 - Bidding Assistance 5,250 5,250 $ 5,250 Totals $113,050 132,862 $ 90,626 Total Phases 1, 2 and 3 336,538 Note: If bids for any phases are combined,a single fee will be charged for bid assistance. Prepared by: QUENTIN L. HAMPTON ASSOCIATES, INC. Consulting Engineers- October 6, 2015 EW113 RWM Extensions Phase 1_2_3 Proposal-Revised 10.6.15 o LAK 'C FINDLEY n 3R SR 44 v G N '3 o 41N f p3 0 0 A7 m 5 ft 1 N ltJ v Z R g , A 6('t 3 o s. a° 6 CD m 151 15Ap0° o QPtGE 0 v m Jr- vZ o 2. 0 0 v tp N 0 ° 71N 0 •OR• p I A i 0 Z i<< S 1011 Z KNpPp 0 OS1ER • 9A YELKCF 0 1. o 3 4 v 3 Rt0 1' n<— v 0 v_ I E c-1.=4,yz o PHASE 1: MI C51 N 3 T. 12"RWM n m 3 c„ to Public Works Facility m o o tis , t1G ROIi\ 8 Acre Reclaimed Reservoir 0MA T. EE m rt a0NC 01 o I:. v o ©Co•a CRELt. RANN c 1.'f'..,•.7„mos- g OYCE . 0 .= se'(IAA' LONE PINE A Oo3 z wp WILOWOOD z .c 16, CO O ' \m t0 mOT N FLYING M pv MpG t, ,R k C. P.A -F r ivA y12TH t,.n m .37 1oN,Z r \ LOOS r, CrUr; i; TIVr BAR ccW o \ OpK v i` t '•\` t4EGENT EATON ¢ % 7 t, IN .411 16TH 16TH rJ ": 41 7 33v ff w rY4' •PHASE 2: 71';` 1tS• 6;i+, TH %` 1ON 16"RWM Extension .WS r • •4.14 ,•+ 10 j • •• •• : r S441'PINE . Willow Oak Dr. to z v o t Xt 1;R,,,': ':. `i 'i• , ,Coral Trace z''1, r-9t ;V•• ;,+,4 t` E v `n z n o tt t• • tt;t`t Ai t tt 22ND Tic.-- ,- V.• m t • `t t ,i-;:t;t trIr ry LEEroi • • q• • , I i i r n D OAK 2lw'St$ (• cc.t• . Q!4.k5 `i m .„ i t 4 •`• • H x 0 t •,t•• • ` • Legendm • • t I. , Reuse k1 O POSSUM CAMP A.\3 4 i• Existing n EELS GRovi- t t:VAI; ; •, - Phase 1 PHASE 3: Phase 2 16"RWM Extension t LCoral Trace to W. of 1-95 Phase 3 t:•'•t:•L '4 t1t:t%;%.\ttt Oo:•raenf Pen S IEMEWI 10 Cost SMre G,sot Apple.VrmstProduNoMO••y.I00WI 10 Redamed Co•f sham'OVERALL ror 0D-70 FS m 0 t1 • M•7 • • • • . • • . • • • QUENTIN L.HAMPTON ASSOCIATES,INC. CITY OF EDGEWATER FIGURE 1CONSULTINGENGINEERSRECLAIMEDWATERFLORIDACERTIFICATEOFAUTHORIZATIONNUMBER:626 RECLAIMED WATER MAINFAX: 386.761.3977 MAIN EXTENSIONS P 0 DRAWER 290247 PORT ORANGE.FL 32129-0247 PHASES 1, 2 & 3 EXTENSIONS PHONE.386.761.6810 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2120,Version:1 COUNCIL AGENDA ITEM SUBJECT: Capital Lease Agreement with American Capital for the FY2017 Light Duty Vehicles DEPARTMENT: Finance SUMMARY: Vehicle Lease for the 2017 Light Duty Vehicles approved in the FY2017 and authorized by Council to order at the August 3,2016 Council meeting.Per the Purchasing Policy Section VII Quotations and Bid,Procedure for Soliciting for bids Lease Finance Agreements utilized for competitively bid items up to and including $750,000 shall require a minimum of three quotes.The total cost for placing these vehicles into service shall not exceed $371,828. Vehicles to be purchased:The bids received are as followed: Police K9 SUV Interceptor American Capital 2.015% Police SUV Interceptors (4)SunTrust 2.09% Police CID Vehicle Space Coast Credit 2.89% Police Inceptors (2)TD Bank N/R Leisure Services ¾ Ton Utility Truck Wells Fargo N/R W/S ½ Ton Pickup Bank of America N/R Stormwater 1 Ton Utility Truck Regions Bank N/R BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the City Manager to enter into a Capital Lease Agreement with American Capital not to exceed $371,828 and authorization for the City Manager to execute the Lease agreement documents and any required budget amendments. City of Edgewater Printed on 9/23/2016Page 1 of 2 powered by Legistar™ File #:AR-2016-2120,Version:1 City of Edgewater Printed on 9/23/2016Page 2 of 2 powered by Legistar™ Jason Marquardt- Executive Vice President 2015 Ogden Avenue, Suite 400, Lisle, IL 60532 (P) 630-512-0066 x118 jmarquardt@americancapital1.com www.americancapital1.com September 19th, 2016 John McKinney City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Dear John: Thank you for the opportunity to propose lease figures for your upcoming equipment acquisition. As you know, American Capital is a leader in providing equipment lease and finance options for Schools and Municipalities. Our expertise in the Education/Municipal Leasing Marketplace is noted by dozens of administrators ranging from Superintendents to Business Managers to Directors of Technology. The lease options listed below are based upon final credit approval and spread over like term market indexes. Your absolute satisfaction and positive relationship with American Capital is extremely important to us. If you have any questions, please ask. Our team looks forward to working further with the City of Edgewater. Regards, Jason Marquardt Executive Vice President Equipment Cost Term Payment Amount Rate Fees Being Charged $371,828.00 5 years, Annual Payments in Arrears $78,964.74/yr 2.015% $0 $371,828.00 7 years, Annual Payments in Arrears $57,840.72/yr 2.154% $0 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2122,Version:1 COUNCIL AGENDA ITEM SUBJECT: Revision of the Community Development Block Grant (CDBG)-FY2016/2017 Capital Improvement Project Applications DEPARTMENT: Finance SUMMARY: CDBG funds are federal dollars awarded to counties and cities from the Department of Housing and Urban Development (HUD).Recipients are provided with several choices of the types of activities that they may apply for and use CDBG grant funds toward.Eligible activities must meet HUDS national objective. Edgewater’s available 2016 / 2017 allocation is $80,333. The 2016/2017 allocation is to be split between ADA Sidewalks on 30th Street and the remainder will go toward the ADA Compliant Restroom at the YMCA which will allow for us to complete this project.The original proposal for the 2016/2017 allocation was to utilize these monies towards an eligible Public Service Activity with Kook 386 whom has declined the funding and the remainder to go towards the ADA Sidewalks on 30th Street. This proposed Capital Improvement Project revision will allow for the construction of two (2) ADA compliant restrooms in the southwest corner of the existing Southeast Volusia YMCA building at 148 West Turgot Ave to be constructed with CDBG funding.. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Approve the Revised FY2016/2017 Capital Improvement Project Applications for the construction of ADA Sidewalks on 30th Street and the two ADA compliant restrooms at the Southeast Volusia YMCA. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ County of Volusia FY 2016/17 Community Development Block Grant (CDBG) Program Capital Improvement Project Application Edgewater Applicant City/Town ADA COMPLIANT RESTROOM - YMCA Project Name 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 2 Application Checklist FY 2016/17 CDBG Capital Project - Jurisdiction Funding Application Checklist Applicant MUST place this checklist on top of submitted proposal arranged in the order below. (INCLUDE ONE (1) ORIGINAL) Applicant Information Project description/Location & Implementation Responsibility Project Timeframe Budget Certification of Construction Need (Required for existing structures or facilities) Conflict of Interest Statement Attached Maps and/or Photos Other Public Meeting Information and Council Approval 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 3 Applicant Information Name of City or Town: Edgewater Name and Title of CDBG Liaison: John McKinney, Assistant City Manager Email Address: jmckinney@cityofedgewater.org Phone Number: 386.424.2400 ext 1202 Project Manager Name and Title: John McKinney, Assistant City Manager Email Address: jmckinney@cityofedgewater.org Phone Number: 386.424.2400 ext 1202 Proposed Project Title: ADA COMPLIANT RESTROOM - YMCA Total Amount Requested: $66,601 Total Estimated Project Cost: $164,000 Additional Funds Available to Leverage, if applicable: $97,399 Source of Additional Funds, if applicable: CDBG Funding Physical Location of Proposed Project: 148 WEST TURGOT AVE Certifying Representative  Person authorized to sign contract, if project is selected  City Manager or Authorized City Official  Please sign in BLUE INK To the best of my knowledge and belief, data in this proposal are true and correct and the governing body of the applicant has duly authorized the document. Signature: Name: Tracey Barlow Date Signed Title: City Manager 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 4 Project Description Please attach additional pages if needed. Type of Project: Acquisition of Real Property Clearance/Demolition Public Facility Improvements (General) Senior Centers Neighborhood Facilities Parks, Recreational Facilities Flood/Drainage Improvements Code Enforcement Water/Sewer Improvements Non-Residential Historic Preservation Street/Sidewalk Improvements Planning ADA Accessibility Exact location/project address: 148 WEST TURGOT AVE If applicable please indicate the following: Address Start: Address End: Linear Feet: Summary of project: Construction of two (2) ADA compliant restrooms in the southwest corner of the existing Southeast Volusia YMCA building at 148 West Turgot Ave. Project Need and Justification: (Include demand and location of similar facilities) The City of Edgewater Leisure Services Department and the Southeast Volusia YMCA is requesting funds to design and add two ADA Compliant restroom facilities at the YMCA for patrons to utilize. The YMCA building has insufficient bathrooms in the Community rooms for disabled patrons. The project will consist of installing two modern up to 255 square foot in total restrooms built to meet current health and safety regulations and to be accessible to all YMCA visitors. The project requires standard site preparation, utilities, installations, and design and construction of the restrooms. Total project cost is $164,000. This project is located at the YMCA at 148 West Turgot Ave in Edgewater. Anticipated accomplishments and/or outcomes: Installation of the two restrooms will provide disable persons and others with an amenity that is not currently available in close proximity to the community rooms. 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 5 Describe the designated service area and beneficiaries: (Provide a detailed description and a map that clearly shows the project site and area that will benefit, include photos if applicable) The Southeast Volusia YMCA is located at 148 West Turgot Avenue in the zip code area of 32132. The facility houses the only City community center which services multiple southeast Volusia communities, including New Smyrna Beach and Oak Hill. The YMCA building is conveniently located in our Hawks Park Municipal Park Complex which is in close proximity to Edgewater Public Elementary School. The following demographic information is relevant to Edgewater Census Tracts encompassing the proposed project area: Total Population: 20,856 Disable Population: 3,848 Project Aerial - Attachment A Project map - Attachment B 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 6 Activity will meet a national objective by: (choose one of the two options) Area Benefit *Uses census tract data to demonstrate more than 50.42% of beneficiaries are LMI Limited Clientele Benefit (choose one of the two options) Will be income verified or Presumed low-income by HUD Number of persons to be assisted: (provide a projection, if area benefit use block group date, if limited clientele document group of persons and number served below) Area Benefit: (if applicable) Census Tract Block Group Total Population Low/Mod Population % Low/Mod Population Total Limited Clientele Benefit: (if applicable) Qualifying group Disable persons Number of persons served 3,848 Feasibility: (Explain future maintenance as a result of the project Future maintenance will be budgeted annually and completed by City staff assigned to the Leisure Services Department. Similar Projects: (Describe any past similar projects carried out, and the outcomes) Edgewater has completed several ADA compliant restroom projects throughout the city over the last several years; including Hawk's Park Amphitheater and Rotary Park. Each restroom facility has proven to be beneficial to each park patron and members of the community, providing appropriate restroom amenties in their respective areas. Citizen Participation: (Explain what input citizens had in identifying the need, identifying the project, or approving the project) 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 7 A public meeting was held on June 6, 2016, as part of the regularly scheduled City Council meeting. Individuals were informed of the City’s proposed use of funds and there was no objection to the proposed capital improvement project and the future modification of revising the FY16/17 allocations. (Attachment C). 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 8 Project Timeframe Implementation Responsibility: Subrecipient (City or Town Applying for funds) County of Volusia (If proposed project is being implemented by the County of Volusia please provide documentation showing the communication and planning done between the subrecipient and the County department) Forced Labor Contractor Proposed Timeframe (Please refer to application instructions and guidelines for a sample) Date Action Responsible Entity 12/1/2016 Bid package submitted to County for approval City 1/15/2017 Deadline for bid package approval County 1/30/2017 Advertise bid City 2/15/2017 Pre-bid meeting City 3/1/2017 Bid openng City 4/3/2017 On Council agenda for award City 4/5/2017 Notice to Proceed to Contractor City 8/5/2017 Project Completion City/County 2017 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 9 Budget (Applicants must either fill out the following budget, or attach an additional budget) Budget Categories Project Cost Estimate Sources of Funds CDBG Funds Applicant Funds Other AMOUNT AMOUNT AMOUNT Materials Costs Labor Costs Engineering Services 22,000 22,000 22,000 Other: Contractual Services 142,000 142,000 Other: Other: SOURCE TOTAL TOTAL PROJECT COST* 164,000 *Please note, due to the recently implemented grant-based accounting method used by HUD funds cannot be transferred between fiscal years. As a result, remaining program year balances that are less than $1,000 will revert to countywide funds. Description of Budget: (Explain the budget above. Include the resources that will be used for the project prior to reimbursement, any potential funding concerns, completeness of budget given, and estimates used. Backup documentation for the budget amounts should be available upon request. If project is to be implemented by the county, attach correspondence with relevant County of Volusia department stating the budget reasoning.) Staff utilized construction cost estimate from contractor to determine the anticipated project budget. Leveraged Funds: (Clearly explain what funds, if any, are being used to match CDBG funds for the project) Anticipated leverage funds will be budgeted under the General Fund for the fiscal year 2017 if required. Outstanding Balance: (Explain any remaining CDBG balances from prior year capital projects) As of the date of this application it has been determined there is $97,399 in prior year CDBG balances. 2017 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 10 Certification of Construction Need The purpose of this form is to differentiate between the two categories of public facility or infrastructure projects shown below: • Maintenance of a public facility or infrastructure, and • Necessary rehabilitation of a public facility or infrastructure. The jurisdiction that is implementing the proposed capital project must designate an employee to confirm which category, from the two listed above, of which the project best fits. The employee should have the knowledge and experience to make an informed determination and explanation regarding the proposed project, the facility, the past use, and the current condition. Jurisdictions should exercise reasonable judgment in choosing an employee to certify the construction need of a project. It is not the intent of the entitlement community, County of Volusia, to have the jurisdiction incur any additional costs or to hire outside experts. Due to the vast differences in the organization of different jurisdictions, specific employee positions cannot be defined. A certification completed by the CDBG contact(s) for the jurisdiction would not be appropriate. Please discuss potential certifications with Volusia County if you have any questions or concerns. Name of City or Town: Name and Title of Certifying Employee: Email Address: Phone Number: Proposed Project Title: ADA COMPLIANT RESTROOM - YMCA Project should be classified as: Maintenance Deferred Maintenance Rehabilitation New Construction (Form not needed) Reason for determination given: (Attach additional pages or documentation as needed) Certifying Employee Printed Name Certifying Employee Signature Date 2017 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 11 § 570.611 Conflict of Interest Please read and sign at the bottom of the next page, signifying that you have read and agree to adhere to the following policy. Also, please disclose any potential conflicts including any boards or committees currently serving on, any private companies owned by you or members of your Board of Directors, and any other potential conflicts. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §570.203, 570.204, 570.455, or 570.703(i)). (b) Conflicts prohibited. The general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such financial interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of subrecipients that are receiving funds under this part. (d) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section. (1) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: 2017 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 12 (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effect of the following factors, as applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; (ii) Whether an opportunity was provided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (vi) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vii) Any other relevant considerations. Name Conflicts/Potential n/a n/a Tracey T. Barlow John McKinney City Manager (or authorized official) CDBG Liason Signature Date Signature Date W TURGOT AV 1 4 8148 This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map.Date: 5/23/2016 . Proposed Expansion17 Feet H15 Feet W255 Sq. Feet(Approximate Dimensions) Edgewater YMCA 1 1 2 1 2 2 1 1 2 3 1 21 1 2 1 3 2 3 3 3 3 1 1 3 2 31 1 1244 082902 083209 083007 083009 082705 082704 082903 083005 083003 083006 083008 082802 082703082904 082703 F EC RRSR 44 S RI DGEWOOD AVS A X O N D R OLD MI SSI ON RDJ UNI PER DRPI NE TREE DRWI L L OW OAK DRKUMQUAT DRSABAL PAL M DRPIONEER TR ROYAL PAL M DRL I ME TREE DRVI CTORY PAL M DRW P A R K A V W INDIAN RIVER BLVDORANGE TREE DRVOLCO RDS A T L A N T I C A V AI R PARK RDHI BI SCUS DR26T H S T COW CREEK RDPAIGE AVI NDI A PAL M DRJULIA ST 3 0 T H S T GUAVA DRC A N A L S T1 0 T H S T TAMARI ND DRS RI V E RS I DE DRYUL E TREE DRL I VE OAK STSI L VER PAL M DRS MYRTL E AV16TH ST A T L A N TI C S H O R E LI N EINGHAM RDR A G IS R D M A S S E Y R DTATUM BL VD12TH ST J AMES ST35TH ST O POSSUM CAMP RD O LI V E R D R J U N G L E R D MANGO TREE DRBOLTON RDO A K T R N RI V E RS I DE DR28TH S TMI S S I ON DROAK LNA R B O R L NWIL D WO O D D R GLEN DR S C O R Y D RB STT I MAQUAN T RCHI SHOLM STC O N E L A K E D R LY T LE A V EELS GROVE RDSELLECK AVHOKE DR S M ITH S TESLINGER RDJOSEPHIN E STBURMA RDE A T O N R D LYNN RDGLEN CIRE 19TH AVTIFFANY DR FLYING M CT PEARL LAKE TRKNI TTLE CI RHAMMOND STG U L L C O V E LEE DR P E L I C A N D R O R AN G E AVT IC K LE T E R GLE NV IEW DR PINE AV MAY ST M O R R E L L R DLAKE DRE K N A P P A V M A D R E S T B E C K G R O V E R D CA NA L RDMAPL EWOOD DRLegend Census Tract w/Tract Number Blockgroups w/ Blockgroup Number Blockgroups Greater than 50.42% Low-Mod Income City Boundary EDGE WATER Date: 7/1/2014 County of Volusia FY 2016/17 Community Development Block Grant (CDBG) Program Capital Improvement Project Application Edgewater Applicant City/Town ADA Compliant Sidewalk - 30th Street (South Side) Project Name 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 2 Application Checklist FY 2016/17 CDBG Capital Project - Jurisdiction Funding Application Checklist Applicant MUST place this checklist on top of submitted proposal arranged in the order below. (INCLUDE ONE (1) ORIGINAL) Applicant Information Project description/Location & Implementation Responsibility Project Timeframe Budget Certification of Construction Need (Required for existing structures or facilities) Conflict of Interest Statement Attached Maps and/or Photos Other Public Meeting Information and Council Approval 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 3 Applicant Information Name of City or Town: Edgewater Name and Title of CDBG Liaison: John McKinney Email Address: jmckinney@cityofedgewater.org Phone Number: 386-424-2400, ext. 1202 Project Manager Name and Title: John McKinney, Assistant City Manager Email Address: jmckinney@cityofedgewater.org Phone Number: 386-424-2400, ext. 1202 Proposed Project Title: ADA Compliant Sidewalks - 30th Street Total Amount Requested: $13,732 Total Estimated Project Cost: $63,732 Additional Funds Available to Leverage, if applicable: $50,000 Source of Additional Funds, if applicable: General Fund Physical Location of Proposed Project: South side of 30th from Silver Palm Drive to India Palm Drive Certifying Representative  Person authorized to sign contract, if project is selected  City Manager or Authorized City Official  Please sign in BLUE INK To the best of my knowledge and belief, data in this proposal are true and correct and the governing body of the applicant has duly authorized the document. Signature: Name: Tracey Barlow Date Signed Title: City Manager 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 4 Project Description Please attach additional pages if needed. Type of Project: Acquisition of Real Property Clearance/Demolition Public Facility Improvements (General) Senior Centers Neighborhood Facilities Parks, Recreational Facilities Flood/Drainage Improvements Code Enforcement Water/Sewer Improvements Non-Residential Historic Preservation Street/Sidewalk Improvements Planning ADA Accessibility Exact location/project address: South side of 30th from Silver Palm Drive to India Palm Drive If applicable please indicate the following: Address Start: SE Corner of Silver Palm and 30th Street Address End: SW Corner of India Palm and 30th Street Linear Feet: 6000 Summary of project: Construction of a six (6) feet, ADA compliant sidewalk in the right-of-way, on the south side of 30th Street from Silver Palm Drive to India Palm Drive. Project Need and Justification: (Include demand and location of similar facilities) The location of sidewalk is in a heavily populated area, running the entire length of the Florida Shores Subdivision (west of the railroad tracks). The sidewalk leads to Indian River Elementary School (on the southeast side of 30th Street). Students either walk, ride their bikes, or travel by car to the school; there is no bus service for students in Florida Shores to the elementary school. Additionally, the sidewalk is in proximity to Whisle Stop Park and shopping facilities. The construction of sidewalk will complement an existing sidewalk on the north side of the same road. The current condition of the existing sidewalk on the south side of the roadway does not meet the needs of the disable population and poses potential safety issues for disable persons as well as other sidewalk users. Constructing the ADA sidewalk on the south side of 30th Street provides disable persons a safe travel route on the south side of the roadway, potentially eliminating the need to cross traffic to the north side of the road. 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 5 Anticipated accomplishments and/or outcomes: Installation of the sidewalk will provide disable persons and others with a safe travel route to amenities such as a school, park, and shopping plaza; where residents are able to access healthy food options, address their pharmaceutical needs, and minor home repair needs. Describe the designated service area and beneficiaries: (Provide a detailed description and a map that clearly shows the project site and area that will benefit, include photos if applicable) 30th Street is located in the zip code area of 32141, housing the only City park south of SR 442, Whistle Stop Park. The park is directly across the street from Indian River Elementary School. The following demographic information is relevant to Census Tract 830.06 and 830.07, which are immediately adjacent to the project area: Total Population: 6,518 Disable Population: 1,509 Project map - Attachments A and B Project photos - Attachment C 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 6 Activity will meet a national objective by: (choose one of the two options) Area Benefit *Uses census tract data to demonstrate more than 50.42% of beneficiaries are LMI Limited Clientele Benefit (choose one of the two options) Will be income verified or Presumed low-income by HUD Number of persons to be assisted: (provide a projection, if area benefit use block group date, if limited clientele document group of persons and number served below) Area Benefit: (if applicable) Census Tract Block Group Total Population Low/Mod Population % Low/Mod Population Total Limited Clientele Benefit: (if applicable) Qualifying group Disable persons Number of persons served 1,509 Feasibility: (Explain future maintenance as a result of the project Future maintenance will be budgeted annually and completed by City staff assigned to the Leisure Services Beautification Department. Similar Projects: (Describe any past similar projects carried out, and the outcomes) Edgewater has completed several ADA compliant sidewalk projects throughout the city over the last several years; including Old County Road, West Turgot Avenue, East Turgot Avenue, and East Ocean Avenue. Each sidewalk has proven to be beneficial to each community, providing safe travel routes and connectivity in their respective areas. Citizen Participation: (Explain what input citizens had in identifying the need, identifying the project, or approving the project) 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 7 A public meeting was held on March 8, 2016, with only one attendee. The individual was informed of the City’s proposed use of funds and did not object to the proposed capital improvement projects. Attendee did express interest to use allowable funds for a public service project (See Attchment D). 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 8 Project Timeframe Implementation Responsibility: Subrecipient (City or Town Applying for funds) County of Volusia (If proposed project is being implemented by the County of Volusia please provide documentation showing the communication and planning done between the subrecipient and the County department) Forced Labor Contractor Proposed Timeframe (Please refer to application instructions and guidelines for a sample) Date Action Responsible Entity 11/1/2016 Bid package submitted to County for approval City 11/8/2016 Deadline for bid package approval County 11/15/2016 Advertise bid City 11/29/2016 Pre-bid meeting City 12/13/2016 Bid openng City 1/2/2017 On Council agenda for award City 1/9/2017 Notice to Proceed to Contractor City 3/10/2017 Project Completion City/County 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 9 Budget (Applicants must either fill out the following budget, or attach an additional budget) Budget Categories Project Cost Estimate Sources of Funds CDBG Funds Applicant Funds Other AMOUNT AMOUNT AMOUNT Materials Costs Labor Costs Engineering Services Other: Contractual Services 63,732 13,283 50,000 Other: Other: SOURCE TOTAL TOTAL PROJECT COST* 63,732 *Please note, due to the recently implemented grant-based accounting method used by HUD funds cannot be transferred between fiscal years. As a result, remaining program year balances that are less than $1,000 will revert to countywide funds. Description of Budget: (Explain the budget above. Include the resources that will be used for the project prior to reimbursement, any potential funding concerns, completeness of budget given, and estimates used. Backup documentation for the budget amounts should be available upon request. If project is to be implemented by the county, attach correspondence with relevant County of Volusia department stating the budget reasoning.) Staff utilized construction cost from recent sidewalk contractual agreements to determine the anticipated project budget. Leveraged Funds: (Clearly explain what funds, if any, are being used to match CDBG funds for the project) Anticipated leverage funds will be budgeted under the General Fund for the fiscal year 2017. Outstanding Balance: (Explain any remaining CDBG balances from prior year capital projects) As of the date of this application it has been undetermined if there will be any remaining CDBG balances from prior year capital projects. No prior year balances are anticipated. 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 10 Certification of Construction Need The purpose of this form is to differentiate between the two categories of public facility or infrastructure projects shown below: • Maintenance of a public facility or infrastructure, and • Necessary rehabilitation of a public facility or infrastructure. The jurisdiction that is implementing the proposed capital project must designate an employee to confirm which category, from the two listed above, of which the project best fits. The employee should have the knowledge and experience to make an informed determination and explanation regarding the proposed project, the facility, the past use, and the current condition. Jurisdictions should exercise reasonable judgment in choosing an employee to certify the construction need of a project. It is not the intent of the entitlement community, County of Volusia, to have the jurisdiction incur any additional costs or to hire outside experts. Due to the vast differences in the organization of different jurisdictions, specific employee positions cannot be defined. A certification completed by the CDBG contact(s) for the jurisdiction would not be appropriate. Please discuss potential certifications with Volusia County if you have any questions or concerns. Name of City or Town: Edgewater Name and Title of Certifying Employee: Jason O’Keefe Email Address: jokeefe@cityofedgewater.org Phone Number: 386-424-2400, ext. 7202 Proposed Project Title: ADA Compliant Sidewalk - 30th Street (South Side) Project should be classified as: Maintenance Deferred Maintenance Rehabilitation New Construction (Form not needed) Reason for determination given: (Attach additional pages or documentation as needed) The proposed project is designated as a rehabilitation project because existing sidewalk on the south side of 30th Street was originally constructed over fifteen (15) years ago. Construction material from that time has since degraded causing safety issues. Additionally, construction guidelines have since changed and the project will proivde a sidewalk compliant to ADA construction standards. 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 11 Jason O’Keefe Certifying Employee Printed Name Certifying Employee Signature Date § 570.611 Conflict of Interest Please read and sign at the bottom of the next page, signifying that you have read and agree to adhere to the following policy. Also, please disclose any potential conflicts including any boards or committees currently serving on, any private companies owned by you or members of your Board of Directors, and any other potential conflicts. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §570.203, 570.204, 570.455, or 570.703(i)). (b) Conflicts prohibited. The general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such financial interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of subrecipients that are receiving funds under this part. (d) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section. 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 12 (1) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effect of the following factors, as applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; (ii) Whether an opportunity was provided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (vi) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vii) Any other relevant considerations. Name Conflicts/Potential n/a n/a Tracey Barlow John McKinney City Manager (or authorized official) CDBG Liason 2016 CDBG Jurisdiction Funding Application Capital Project Capital Improvement Application –Page 13 Signature Date Signature Date Company Name Street Address Address 2 City, ST ZIP Code 555.555.0125 555.555.0145 E-mail address September 2, 2016 City of Edgewater Office of City Manager 104 North Riverside Drive Edgewater, Fl. 32132 Dear Mr. McKinney: We would like to thank you and the City of Edgewater for the generous offer of the Community Development Block Grant. Unfortunately, KOOK386 does not yet have the resources to perform the tasks needed to meet the requirements, and must decline this award. Thank you for all your time and effort executed in the pursuit of this endeavor. As you know, the teens of this area are very special to KOOK386. We will continue to seek a better way for these kids, and are glad to know the City of Edgewater is on board with our mission. Respectfully; Michelle P. Tuck President, KOOK386, Inc. KOOK 386, INC. Bully-Free Teen Recreational Ctr 2006 Guava Drive Edgewater, FL 32132 386-314-5539 mptuckkook386@gmail.com https://www.facebook.com/KOOK386 386 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-R-32,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2016-R-32 - Adoption of Title VI - Non-Discrimination Plan and Assurance.olution DEPARTMENT: Finance SUMMARY: The Florida Department of Transportation (FOOT)is requiring all municipalities who receive federal funding through their Local Agency Program to develop and adopt a Title VI Nondiscrimination Plan. Attached is Resolution No.16-03 which seeks adoption of the City's newly written Title VI Nondiscrimination Plan.The Plan was developed utilizing standard language provided by the FOOT as well as similar plans from other agencies. If the City Council approves the Resolution and adopts the Title VI Nondiscrimination Plan,the City will continue to qualify for funding through the FDOT's Local Agency Program.This Resolution is necessary to receive funding for future projects.If adopted,the City will be required to provide the FOOT with an Assurance that certifies our programs,services and activities are being conducted in a nondiscriminatory manner. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No.2016-R-32 adopting the Title VI -Non-Discrimination Plan and authorize the City Manager to execute the Policy Statement for Title VI. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ #2016-R-32 1 RESOLUTION NO. 2016-R-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, ADOPTING A TITLE VI NON-DISCRIMINATION PLAN; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City of Edgewater is a recipient of federal funds from the U.S. Department of Transportation modal agencies including the Federal Highway Administration (FHWA) and Federal Transit Authority (FTA); and WHEREAS, all recipients of federal funding must comply with the requirements of Title VI of the civil Rights Act of 1964 and other nondiscrimination statutes, regulations and authorities; and WHEREAS, the City of Edgewater is required to demonstrate compliance with such federal laws by adopting a Title VI Plan and providing an Assurance to qualify for funding through the Florida Department of Transportation’s Local Agency Program. NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida as follows: PART A. STIPULATIONS. Section 1. The City of Edgewater hereby formally adopts the Title VI Nondiscrimination Plan established in Exhibit “A” which is attached hereto and incorporated herein. Section 2. The City of Edgewater will provide an Assurance as established in Exhibit “B” (attached hereto and incorporated herein) that certifies to the Florida Department of Transportation (FDOT) that the City’s programs, services and activities are being conducted in a nondiscriminatory manner. PART B. SEVERABILITY AND APPLICABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of #2016-R-32 2 the remaining portions or applications hereof. PART C. CONFLICTING PROVISIONS. All resolutions, or parts thereof that are in conflict are hereby repealed. PART D. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. PART E. ADOPTION. During the October 3, 2016 Council meeting, a motion to approve was made by _______________________________________ with Second by ______________________________________. The vote on this resolution is as follows: AYE NAY Mayor Michael Ignasiak _______ Councilwoman Christine Power _______ Councilwoman Gigi Bennington _______ Councilman Dan Blazi _______ Councilman Gary Conroy _______ PASSED AND DULY ADOPTED this 3rd day of October, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_________________________________ Robin L. Matusick Michael Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron Wolf City Attorney Doran Sims Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of October, 2016 under Agenda Item No. ______. 1 City of Edgewater, Florida Title VI Nondiscrimination Policy Including Limited English Proficiency Plan I. Policy Statement The City of Edgewater (“City”) values diversity and welcomes input from all interested parties, regardless of cultural identity, background or income level. Moreover, the City believes that the best programs and services result from careful consideration of the needs of all of its communities. Thus, the City does not tolerate discrimination in any of its programs, services or activities and henceforth implements this Title VI Nondiscrimination Policy (“Title VI Policy”) and Limited English Proficiency Plan (“LEP Plan”). Pursuant to Title VI of the Civil Rights Act of 1964 (“Act”) and other federal and state law and regulations, the City will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. The City will work to ensure environmental justices, as defined below, by identifying and addressing, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low-income populations. Environmental justice means: (a) To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low income populations; (b) To ensure the full and fair participation by all potentially affected communities in the decision- making process; (c) To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations. The responsibility for carrying out the City’s commitment to this program has been delegated to the Title VI Coordinator, as defined below, who will receive and investigate Title VI complaints. The Title VI Coordinator and/or his designee will participate in any yearly Title VI training that is made available and will disseminate pertinent Title VI information to relevant City staff. II.Public Notice Notices for Title VI Policy are displayed in City buildings, and information is provided on the City’s website under Departments, Human Resources, Title VI. The Title VI Policy statement posted in City buildings and on City website should read as follows: Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal Financial Assistance. Specifically, Title VI provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance” (42 U.S.C. Section 2000d). EXHIBIT "A" 2 The City of Edgewater is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. If you feel you are being denied participation in or being denied benefits of the services provided by the City of Edgewater, or otherwise being discriminated against because of your race, color, national origin, sex, age, disability, religion, income or family status, you may file a formal complaint with the City’s Title VI Coordinator: Title VI Coordinator Julie Christine, Human Resources Director 104 N. Riverside Drive Edgewater, FL 32132 386-424-2400 x1701 jachristine@cityofedgewater.org III.Complaint Procedures The City establishes a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, religion, age, disability, and family or income status may file a complaint with the City’s Title VI Coordinator: Title VI Coordinator Julie Christine, Human Resources Director 104 N. Riverside Drive Edgewater, FL 32132 386-424-2400 x1701 jachristine@cityofedgewater.org If possible, the complaint should be submitted in writing (see Attachment 1, Title VI complaint form) and contain the identity, address and contact information of the complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age disability or family status); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI Coordinator for assistance. All complaints shall be filed no later than sixty (60) calendar days from the date of the alleged discrimination. The Title VI Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter. Should the City be unable to satisfactorily resolve a complaint, the City will forward the complaint, along with a report detailing the circumstances to the appropriate District of the Florida Department of Transportation (FDOT). If more information is needed to resolve the case, the City may contact the complainant using any contact information provide by complainant on the complaint form. The complainant has thirty (30) business days from the date of initial contact to send requested information to the Title VI Coordinator. If the City does not receive the requested information within the thirty (30) business days, the City can administratively close the case. A case may also be administratively closed if the complainant no longer wishes to pursue the case. The City’s Title VI Coordinator shall report all Title VI discrimination issues directly to the 3 City Manager and is not required to obtain management or other approval to discuss discrimination issues with the City Manager. Upon completion of an investigation or the closing of a case, the Title VI Coordinator will supply the City Manager and complainant with a final report. The final report will summarize the allegations and the information regarding the alleged incident related findings and if additional action is required. If a Title VI violation is found to exist, remedial steps as appropriate and necessary will be taken immediately. If no violation is found and the complainant wishes to appeal the decision, he or she may contact the Florida Department of Transportation Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399. Complainant may submit complaint directly to the Florida Department of Transportation Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399. FDOT will serve as a clearing house, forwarding the complaint to the appropriate state or federal agency. IV. ADA/504 Statement Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate the disabled and ensure that their needs are equitably represented in City’s programs, services and activities. The City will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The City will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by the disabled community and disability service groups. The City encourages the public to report any facility, program, service or activity that appears inaccessible to those who are disabled. Furthermore, the City will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access facilities, programs, services or activities. Because providing reasonable accommodation may require outside assistance, organization or resources, the City asks that requests be made at least 15 calendar days prior to the need for accommodation. For accommodations at City Council meetings, individuals may call 386- 424-2400 for further information. For accommodations at other board meetings, individuals may contact the staff assigned to the board. A list of boards and commissions with contact information may be found on the City’s website under Your Government. Additional information is provided on the City’s website under Departments, Human Resources, Americans with Disabilities Act. Questions, concerns, comments should be made to the City’s ADA Officer: ADA Officer Brenda Dewees, Environmental Services Director 4 409 Mango Tree Drive Edgewater, FL 32132 386-424-2400 bdewees@cityofedgewater.org V. Limited English Proficiency Plan Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal aid recipients to take reasonable steps to ensure meaningful access to programs, services and activities by those who do not speak English proficiently. To determine the extent to which Limited English Proficiency (LEP) services are required and in which languages, the law requires the analysis of four factors: 1.The number or proportion of LEP persons eligible to be served or likely to be encountered by the City’s programs, services or activities. Using 2010 census data, the City of Edgewater (20,750 pop.), the City has determined that LEP individuals represent approximately 6% of the community. The Florida Department of Transportation, LEP Guidance references that 13,860 [approximately 2.8% of Volusia’s population] Spanish speaking residents are located in Volusia County. The City used other sources to verify this data, including the U.S. Department of Education's Annual Consolidated State Performance Report (CSPR). The CSPR includes a section on LEP students in grades K-12 and identifies the most commonly spoken languages by those students. The CSPR identifies Spanish, Creole, Portuguese, Arabic and Vietnamese as the most commonly spoken languages among Florida's LEP students. Given this information, the City reasons that a relatively small portion of its service population are LEP who are predominantly Spanish speaking. 2.The frequency with which LEP individuals come in contact with these programs, services or activities. The City has not received any requests for translation or interpretation of its programs, services or activities into Spanish or any other language. 3.The nature and importance of the program, service, or activity to people’s lives. All of the City’s programs are important; however, those related to safety as well as transportation is of critical importance to its public, as access to health care, emergency services, employment, and other essentials would be difficult or impossible with reliable transportation systems. In that spirit, the City must ensure that all segments of the population, including LEP persons, have been involved or have had the opportunity to be involved in the planning processes to be consistent with its nondiscrimination goals. 4. The resources available to the City and the likely costs of the LEP services. The City is fortunate to house within its jurisdiction a number of institutions of higher education and military facilities, some of which have extensive language services. If needed, the City will request assistance from these organizations who could perhaps offer competent language services at no cost. The analysis of these factors suggests that extensive LEP services are not required at this time. Nevertheless, the City believes that occasional Spanish language 5 assistance may be necessary for meaningful access by members of the public. The City understands that its community profile can change causing the four factor analysis to be reviewed. As such, the City will periodically examine its LEP Plan to ensure that it remains reflective of the community’s needs. Persons requiring special language services should contact the City’s Title VI Coordinator: Title VI Coordinator Julie Christine, Human Resources Director 104 N. Riverside Drive Edgewater, FL 32132 386-424-2400 x1701 jachristine@cityofedgewater.org VI. Public Involvement The City strongly encourages the participation and input from its public in planning for efficient, effective, safe programs and services. The City holds a number of public meetings, workshops and other events designed to gather public input. Persons wishing to participate or provide input may obtain more information on these forums, by dialing 386-424-2400 or visit cityofedgewater.org. VII. Data Collection Federal Highway Administration (FHA) regulations require federal-aid recipients to collect racial, ethnic and other similar demographic data on beneficiaries of or those affected by transportation programs, services and activities. The City accomplishes this through the use of census data, American Community Survey reports and other resources. The City may find it necessary to request voluntary identification of certain racial, ethnic or other data from those who participate in its public involvement events. This information assists the City with improving its targeted outreach and measures of effectiveness. Self- identification of personal data to the City will always be voluntary and anonymous. Moreover, the City will not release or otherwise use this data in any manner inconsistent with the federal regulations. VIII. Assurances Every three years, or commensurate with a change in City executive leadership, the City must certify that its programs, services and activities are being conducted in a nondiscriminatory manner. These certifications are termed ‘assurances’ and serve two important purposes. First, they document the City’s commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the City may be held liable for breach. The public may view the assurance on the City’s website or by contacting the Title VI Coordinator. Attachment 1 - Oct 2016 City of Edgewater Title VI Program Complaint of Discrimination Complainant(s) Name: Complainant(s) Address: Complainant(s) Phone Number: Complainant(s) Email: Complainant's Representative's Name, Address, Phone Number and Relationship (e.g. friend, attorney, parent, etc.): Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You: Names of the Individual(s) Whom You Allege Discriminated Against You (If Known): Discrimination Because Of: □Race □Color □National Origin □Sex □Age □Income □Family Status □Religion □Disability Date of Alleged Discrimination: Please list the name(s) and phone number(s) of any person, if known, that the City of Edgewater could contact for additional information to support or clarify your allegation(s). Please explain as clearly as possible how, why, when and where you believe you were discriminated against. Include as much background information as possible about the alleged acts of discrimination. Additional pages may be attached if needed. Complainant(s) or Complainant(s) Representatives Signature: Date of Signature: Send completed form to: Julie Christine, Human Resources Director 104 N. Riverside Drive Edgewater, FL 32132 Phone: 386-424-2400 Email:jachristine@cityofedgewater.org Attachment 2 Title VI/Non Discrimination Assurance Pursuant to Section 9 of US DOT Order 1050.2A, the City Edgewater assures the Florida Department of Transportation (FDOT) that no person shall on the basis of race, color, national origin, sex, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Florida Civil Rights Act of 1992 and other nondiscrimination authorities be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity. The City of Edgewater further assures FDOT that it will undertake the following with respect to its programs and activities: 1. Designate a Title VI Liaison that has a responsible position within the organization and access to the Recipient's Chief Administrator (City Manager). 2. Issue a policy statement signed by the City Manager (Appendix A of this assurance), which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Recipient's organization and to the general public. Such information shall be published where appropriate in languages other than English. 3. Insert the required contract clauses attached hereto in Appendix B of this assurance in every contract subject to the Acts and the Regulations 4. Develop a complaint process and attempt to resolve complaints of discrimination against sub- recipients. Complaints against the Recipient shall immediately be forwarded to the FDOT District Title VI Coordinator. 5. Participate in training offered on Title VI and other nondiscrimination requirements. 6.If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed ninety (90) calendar days. 7. Have a process to collect racial and ethnic data on persons impacted by your agency's programs. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal funds, grants, loans, contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding. The person whose signature appears below is authorized to sign this assurance on behalf of the Recipient. Dated: By: Michael Ignasiak, Mayor EXHIBIT "B" APPENDIX A TO TITLE VI/ NONDISCRIMINATION ASSURANCE City of Edgewater Florida Policy Statement for Title VI The City of Edgewater declares that it will not tolerate discrimination. That it will uphold all requirements and regulations of the Florida Department of Transportation, The Federal Highway Administration, the Federal Transit Authority as well as the United States Department of Transportation and the United States Government. The City of Edgewater abides by the requirements of Title VI of the Civil Rights Act of 1964 based on law, equality, morality and the desire to do what is right for our entire community. Tracey T. Barlow, City Manager REQUIRED CONTRACT CLAUSES APPENDIX B TO TITLE VI/ NONDISCRIMINATION ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b.cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2016-R-33,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2016-R-33 Purchasing Policy DEPARTMENT: Finance SUMMARY: Per Resolution 2015-R-27 the Finance Director shall review the Policy annually and submit recommendations to the City Manager for review.This update contains all of the staff recommendations and also includes language regarding the adoption and assurance of Title VI policy. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2016-R-33 Purchasing Policy, which complies with Florida Statutes. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ (Resolution/#2016-R-33) RESOLUTION NO. 2016-R-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, UPDATING/RESTATING THE CITY OF EDGEWATER’S PURCHASING POLICY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for managing a purchasing program for the City; WHEREAS, the City Manager requests that City Council update/restate the existing Purchasing Policy that the City of Edgewater approved during the Council meeting held on March 3, 2014 pursuant to the adoption of Resolution #2014-R-03 and on August 17, 2015 pursuant to the adoption of Resolution #2015-R-27. WHEREAS, in an effort to be consistent with current laws and policies, City Council wishes for the City of Edgewater to update/restate the existing City of Edgewater Purchasing Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby updates/restates the City of Edgewater Purchasing Policy and all purchases as provided for therein shall be procured in accordance with said policy, a copy of which is attached and incorporated herein as Exhibit “A”. Section 2. All conflicting purchasing policies are superseded by this policy. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. (Resolution/#2016-R-33) Section 4. This resolution shall take effect upon adoption. After motion by __________________________________ and second by _________________________________________, the vote on this resolution was as follows: AYE NAY Mayor Mike Ignasiak _______ Councilwoman Christine Power _______ Councilwoman Gigi Bennington _______ Councilman Dan Blazi _______ Councilman Gary Conroy _______ PASSED AND DULY ADOPTED this 3rd day of October, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:_____________________________ Robin L. Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 3rd day of October, 2016 under Agenda Item No. 8____. (Resolution/#2016-R-33) EXHIBIT “A” Purchasing Policy City of Edgewater, Florida Formatted: Centered August 1October 37, 20152016 Resolution No. 20152016-R-2733 FOREWORD The Finance Department prepared this "Purchasing Manual" to serve as the basis for purchasing policies and procedures for the City of Edgewater. The City Council of Edgewater, Florida, recognizes that some centralized purchasing is a necessary function of effective government and declares it shall be the responsibility of the Finance Department Director to consider opportunities to centralize some purchases of supplies, equipment, and services for various functions within the City. The purchasing function involves the procurement of materials, supplies, equipment, and services at best value, consistent with the quality needed to meet the required standards established and approved by the Edgewater City Council. Our goal is the promotion of the best interest of the City of Edgewater through intelligent action and fair dealings, resulting in obtaining maximum savings for the City. Rules and regulations are necessary for the proper operation of the purchasing function and it is essential all who are involved in the purchasing operation be well informed. This manual was developed to aid all employees, volunteers and Board Trustees directly or indirectly associated with the function of purchasing. All City Departments and Boards shall comply with this Purchasing Policy. Florida Statutes will prevail for all Items not expressly covered within this Purchasing Policy. All individuals required to submit a statement of financial interest with the Supervisor of Elections will do so in accordance with the requirements of the State of Florida. The objectives of the Finance Department are as follows: 1.To deal fairly and equitably with all vendors wishing to do business with the City of Edgewater. 2.Provide professional procurement services for all our customers within the City. 3.Assure adherence to all laws, regulations, and procedures related to City procurement. 4.Maximize competition for all procurements of the City. 5.Obtain maximum savings through innovative buying and application of value analysis techniques. 6.Purchase goods and services at the best value if not lowest price, consistent with quality performance, and delivery requirements from capable vendors meeting the City's requirements. Purchase goods and services at the best value if not lowest price, consistent with quality performance, and delivery requirements from capable vendors meeting the City’s requirements. TABLE OF CONTENTS SECTION TITLE PAGE I Requisitions 4 II Purchase Orders 7 III Solicitation and Approval Level Thresholds 8 IV Emergency Purchases 11 V Change Orders 12 VI Blanket/Inverted Purchase Orders 13 VII Quotations and Bids 14 VIII Competitive Procurements (ITB, RFP, RFI, RFQ) 2324 IX Professional Services (CCNA) 2425 X Procedures for Multiple Consultants under CCNA 27 XI Design-Build and/or Design-Build Operating Services 30 XII Evaluation of Proposals and Recommendation for Award 3334 XIII Bond and Bid Security 3637 XIV Contracts and Contract Processing 3738 XV Purchases Not Requiring Bids 3839 XVI Purchasing Cards 4142 XVII Vendor Complaints and Disputes (Protests) 4547 XVIII Capital Assets Tracking 4648 XIX Receipt of Goods and Materials 4849 XX Invoices 4950 XXI Vendor Evaluation 5051 XXII Conflicts of Interest 5052 XXIII Procedures for Federally Funded Projects 5152 XXIV Purchasing Policy Adoption 52 XXIV Purchasing Policy Adoption 54 Formatted: Right: -0.64" Exhibit A – Guidelines for Establishing Contract Duration Exhibit B – 23CFR 635.413 Exhibit C – Brooks Act, Section 40 USC 1101-1104 Formatted: Font: 12 pt SECTION I REQUISITION PURPOSE: The City of Edgewater currently utilizes the Sungard HTE procurement and inventory module for on-line procurements. Approved requisitions signify authority to charge a specific fund and cost center, and signify that the department has verified there are sufficient funds for the purchase. DEFINITION: A requisition is a written or computerized request to the Finance Department for the procurement of goods or services from suppliers. PURCHASING RESPONSIBILITIES: 1.To become acquainted with the needs of our customers by utilizing purchasing teams made up of department and Finance Department personnel. 2.To aid and cooperate with all departments in meeting their needs for operating supplies and equipment at the best value and least cost to the City of Edgewater. 3.To assist in the preparation or review of specifications for all requirements. 4.To locate the sources and availability of needed products. 5.To process all requisitions and purchases with the least possible delay, in accordance with City procedures. 6.To work with the supplier in correlating all the steps involved in completing a purchase, including purchase order follow-up and tracing. 7.To assist the department with any difficulty after the product has been delivered or service rendered. 8.To notify the user department of any changes in the use of the suggested vendor as proposed by the user department, and any other probable changes such as price or delivery. DEPARTMENT RESPONSIBILITIES: 1.Allow sufficient time for the Finance Department to process and/or place the order and for the supplier to deliver. 2.Advice the Finance Department if the requisition is a defined emergency as stated in Section III. 3. Write clear and accurate description of materials and equipment to be purchased and its intended purpose. Specifications should be typed and either e-mailed or hand carried to the Finance Department. 4. Prepare generic specifications for items requiring a technical or engineering background. 5. List anticipated requirements in advance, when possible. Involve the Finance Department at the time the need is determined or as early as possible. 6. Keep the Finance Department advised of any abnormal demands. PLAN AHEAD! 7. Under no circumstances is the City of Edgewater to be obligated by departments in any manner whatsoever without prior approval. 8. Cooperate with the Finance Department by reporting, in writing, the results of purchases -- either favorable or unfavorable. If you have complaints, REPORT THEM. 9. Advise the Finance Department of any known supplier(s). 10. List any quotes obtained by vendor name, individual contacted, and price obtained (by line item). Check with the Finance Department for additional sources. 11. Verify that all sources of funds identified on the requisition are properly coded. 12. Specify correct commodity code of items to be purchased. 13. Be sure funds are allocated and available in the referenced fund/account to support purchases. 14. Be sure the purchase is for a "public purpose", unless specifically exempted by City rules or regulations. WHEN PREPARED: Purchase Requisitions must be submitted to Finance, far enough in advance to permit the Finance Department to obtain competitive prices and to allow sufficient time for deliveries to be made. User Departments should take into account the time necessary to obtain Council award approval and administrative approvals in planning for their procurements. The Finance Department can assist you with this planning. SPECIAL SITUATIONS: Agencies should identify requisitions requiring special handling for the purchase of materials to prevent downtime but which are not strictly emergencies. These must be held to a minimum. These should only be used in cases of required purchases with a justification as to the urgent need. Competitive verbal pricing should be obtained wherever possible. WHO PREPARES: All requisitions shall be authorized by the Department Director or designated authority. Requisitions should originate in the department at the level where the purchase is to be used and routed to the designated approval authority prior to being sent to Finance Department. Requisitions not properly authorized will not be accepted by the on-line system. ROUTING: 1. For all purchases under $25,000, the requisitioning agency will enter the requisition into the on-line system for issuance of a purchase order. The Department will obtain quotes as: a. Quotes not required under $5,000 i. Estimates are encouraged ii. Preference given to local suppliers b. Three informal quotes $5001 - $14,999 c. Three formal quotes $15,000- $24,999 2. For all purchases $25,000 or greater, the requisitio ning Department will request a formal solicitation to be issued by the Finance Department, and then assure that City Council approval is obtained for award, either of the solicitation or other Council direction. 3. Upon receipt of the requisition in the Finance Department and dependent on the dollar amount, formal quotations, bids or proposals will be solicited. A purchase order or a contract will be issued upon completion of this process. 4. If the requisition is incomplete or not properly prepared, the Finance Department will notify the originating department. 5. For all purchases of capital goods or services, regardless of the dollar amount, the requisitioning Department will enter the requisition into the system assuring appropriate approvals are obtained, unless approved by the Finance Director and under $25,000. REVIEW OF SPECIFICATIONS-OTHER DEPARTMENTAL APPROVALS REQUIRED: Prior to issuance of bids or the processing of a requisition with specifications included, review of the items to be purchased and the specifications for certain commodities and services must be made by other departments within the City to assure open competitive bidding, compatibility, standardization, and up- to-date specifications. The following are mandated reviews: TYPE OF EQUIPMENT/SERVICE REQUESTED DEPARTMENT REVIEW Information Technology Equipment Information Technology Vehicles/Heavy Equipment Fleet Maintenance Telephone Systems (Internal System Only) Information Technology PLEASE ENSURE THE ABOVE APPROVALS ARE OBTAINED PR IOR TO SUBMITTAL TO THE FINANCE DEPARTMENT. SECTION II PURCHASE ORDERS PURPOSE: A purchase order authorizes the vendor to ship and invoice the materials and services as specified. Purchase orders will be written to be clear, concise and complete, preventing any misunderstanding and/or unnecessary correspondence with suppliers. DEFINITION: A legally binding document prepared by a purchaser to describe all terms and conditions of a purchase. WHEN ISSUED: Pre-numbered computer generated purchase orders will be issued upon receipt of a properly authorized requisition, after receipt of competitive bids, determination whether funds are available, and Council approval as necessary. No purchase orders will be issued after the fact unless it is a documented emergency situation. WHO ISSUES: Only the Finance Department shall issue purchase orders. The department will not enter into negotiations with any supplier for the purchase of supplies, services, materials or equipment. The Finance Department will transmit all purchase orders to the supplier. ROUTING OF ORDER: A standard purchase order form is used to make all purchases. Purchases over $5,000 require a copy of the purchase order to be provided to the vendor. The purchase order form for purchase s under $5,000 is sent to the vendor upon request by department. FOLLOW-UP AND TRACING: Departments should track order progress after placing the order. If a problem is incurred, the department should then contact the Finance Department for assistance. DIFFICULTIES AFTER RECEIPT OF SERVICE OR ITEM: Upon request from the department, the Finance Department shall handle with the vendor any problems or difficulties with outstanding orders or contracts and received items or services. See Section XIV of this manual for further details. PRE-PAYMENT PROCEDURES: On those items where prepayment is needed, the original documents showing that pre-payment is required will be forwarded to the Finance Department as the authorization to issue a check with a manual chec k request. These should be kept to a minimum. The purchasing card should be used for items that require pre-payment if under $5,000. REGISTRATION FEES AND TRAVEL: Registration fees and travel for seminars and conferences for in-City and out-of-City travel are handled via Travel Authorization forms as per City Policy and Procedures. These requests are processed through the Finance Department. UTILITY BILLS AND COMMUNICATION INVOICES: Payment for utilities (water, sewer, lights, etc.) and communication service will be made by the Finance Department and the expense allocated to the appropriate department fund. EMPLOYEE TESTING; Pre-employment or other such employee testing as required will be processed by the Human Resources Department and the expenses allocated to the appropriate department fund. DEBT SERVICES; All debt service payments will be paid by the Finance Department and the expenses allocated to the appropriate department fund. PURCHASE OF GOODS AND SERVICES $25,000 or Greater: All purchases of goods and services whose cumulative total shall exceed $25,000 or greater within a 12 month period will be competitively bid. USE OF FIELD PURCHASE ORDERS: The Field Purchase Order should be used as a payment tool/check request for all items under $5,000. Common uses include: Subscriptions, Memberships, Advertisement and Registrations requiring a check, Petty Cash Reimbursements and Employee Travel Reimbursement checks. Also, the Field Purchase orders should be used for items under $5,000 for vendors that do not accept the Purchasing Card. Invoices that are attached to FPO’s need no signatures. Approvals will be tracked by the financial software. SECTION III SOLICITATION AND APPROVAL LEVEL THRESHOLDS PURPOSE: To describe the various levels of the competitive process and to identify the levels of authority in the procurement function of the City. The procurement function is designed to maximize the purchasing value of public funds in procurement and to provide safeguards for maintaining a procurement system of quality and integrity. Threshold Levels: Informal quotes - $5,000 - $14,999 Written quotes - $15,000 - $24,999 Formal Solicitation - $25,000 or greater or cumulative over the life of the contract Even though quotes are not required for every threshold level, every effort will be made to obtain a minimum of 3 quotes / solicitations for each threshold level. In addition every effort will be made to obtain quotes / solicitations from local suppliers. Department/Division shall maintain documentation with their requisition on all quotes received or as to why competition was not obtained. All purchase prices must be considered fair and reasonable. Award (non-competitive) shall be made to the business offering the lowest quotation that is determined to be both responsive and responsible. Award based on the overall best value can be made if the department submits a statement to the Finance Department for approval describing the benefits to the City if award is made to other than low. The name of the business submitting a quotation, and the date and amount of each quotation, shall be recorded and maintained as public record. Types of formal solicitations used for competitive procurement are as follows: Request for Proposals (RFP) – A solicitation for response for a commodity and/or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined. Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the relative importance of price and other evaluation factors. Invitations to Bids (ITB) - A solicitation inviting potential contractors or vendors to submit sealed, written pricing for specific goods or services in conformance with specifications, terms, conditions and other requirements described in the bid invitation documents. Request for Information (RFI) - A solicitation for response from interested and prospective vendors/contractors to provide information to determine specifications, qualifications and/or capabilities to satisfy a need rather than a firm specification and in which the respondent may be given latitude in order to develop a product and/or service which will fulfill the need. Request for Qualification (RFQ) - A solicitation seeking responses for services for which the competitive award will be based on the qualifications of those responding; generally, but not limited to, used in procuring certain professional services, design build services, consulting and construction management services. The procurement of all goods, material, equipment, services and combinations of goods and/or services by or on behalf of the Council, including those transactions through which the Council shall receive revenue, in an amount equal to or in excess of the mandatory bid amount of $25,000 over the life of the contract, shall be formally competitively awarded based on the submission of bids (ITBs), proposals submitted in response to an request for proposal (RFP), proposals submitted in response to a request for information (RFI), proposals submitted in response to a request for qualifications (RFQ) or proposals submitted for competitive negotiations, except as otherwise provided herein, or by State or Federal law. Competitive bidding shall be the preferred method of procurement. If a department determines the use of an invitation to bid is not practicable based on 1) lack of time, 2) the award will be made on factors other than price and price - related factors, 3) a need to conduct discussions with the responding bidders about their bid and 4) there isn’t a reasonable chance of receiving more than one quote, must submit, in writing, a statement requesting solicitation by Request for Proposals. Departmental requirements are not to be split to avoid the competitive bidding thresholds. It is in the best interest of the City to combine requirements and competitively bid these requirements to ensure a fair and reasonable price. All Department Directors or their designee shall have the authority to authorize purchases of goods and services not to exceed $5,000 without any quotes. Authority is also given in case of an emergency for purchases under $25,000 when at least one vendor has been contacted and the purchase order is issued through the Finance Department within the next business day. The Finance Department will review the requisition to ensure a fair and reasonable price is received. The City Manager or designee shall have the authority to award and execute purchases of goods and services not to exceed $25,000 including change orders and amendments. The City Manager or designee is authorized to renew options on approved contracts, as long as it is per the terms, conditions and renewal period specified in the original contract and the total dollar amount for each contract or purchase order is within the Council approved budget. All purchases of goods and services, in excess of $25,000 shall be awarded by the Council, except as otherwise provided within this section. The City Manager or designee shall have the authority to approve all purchase orders, contracts, and Master Agreements up to $50,000 for projects, goods and services that are detailed in the adopted budget as long as award is to the lowest responsive, responsible bidder in a competitive environment. The City Manager or designee shall have the authority to approve and execute all change orders and amendments and to approve price escalation/de -escalation changes, according to the terms of the particular contract providing that the change does not exceed 10% (not to exceed $50,000 in total) of the latest approved contract value for contracts. Amendments to contracts greater than these amounts must be approved by City Council. The City Manager or designee shall have authority to award and execute purchase orders in any amount on current City cooperative purchasing agreements and contracts from GSA contracts, state agencies, or other units of government and non-profit organizations on capital items and projects that have been detailed and approved by City Council in the adopted budget or amended budget. The City may piggyback on active current agreements and contracts from other governmental entities when competitive bid procedures have been followed and the guidelines utilized by that entity are the same or more stringent than the City’s guidelines. All conditions of the agreement or contract must be met. The City may piggyback on previous City bids provided they were received within the previous 12 months and the department is not aware of any interest from other potential vendors. The City Manager or designee shall have the authority to settle individual claims under contract provided the settlement does not exceed ten percent 10% (not to exceed $50,000) of the latest approved contract value for contracts. All change orders issued which modify a contract, the original and revised total cost of which exceeds ten percent 10% (not to exceed $50,000), shall require Council approval, unless otherwise specified herein. It shall be prohibited for any City employee to order the purchase of any goods or services or make any contract change without the delegation of authority under this section other than through the Finance Department, unless utilizing an authorized procurement card. City employees will be held accountable for unauthorized purchases and appropriate disciplinary action will be taken pursuant to the City Policy and Procedures Manual. The Department committing the unauthorized purchase will document the incident with a memo to the City Manager explaining the details of the unauthorized purchase. These details must include a brief summary of what happened and the corrective action that the Director has taken to prevent unauthorized purchases in the future. The memo shall state any disciplinary action taken, if any, and request the City Manager approve the unauthorized purchase if under $25,000. Unauthorized purchases of $25,000 and greater shall be submitted to the Council for approval. Any purchase or contract made contrary to this section hereof shall not be binding on the City unless approved by the Council. In the purchase of, or contract for, goods or contractual services, the City shall give a preference of 3% percent of the bid price to local suppliers; provided, however, that this section in no way prohibits the right of the City Council to recommend award to the vendor that is the best interest of the City. The goods or services must be equal to or greater than the lowest responsive bidder. Local Preference shall only be given if not prohibited by any agreement and or grants associated with this award. Local is defined as a business holding a City of Edgewater Business Tax Receipt (BTR) and Certificate of Use (CU). The City Council has the right to award all contracts except as otherwise provided in the Code of Ordinances of the City. As to those contracts which the Council retains the right of award, the Council shall have authority to review, modify or set aside all previous administrative determinations, whether appealed or not, made in the course of the procurement. Additionally SECTION IV EMERGENCY PURCHASES PURPOSE: It is recognized that situations arise where formal solicitation is not possible. In order to expedite the provision of goods and services, the following procedure will be followed. DEFINITION: Emergency purchases include those supplies or services necessary because of certain emergency conditions occurring affecting the health, safety and welfare of the City and its citizens or in the event that the City may suffer a financial loss due to inaction. Poor planning will not constitute an emergency. AUTHORIZATION: Emergency purchases are approved per the spending authority levels outlined in this Policy and subject to review by the Finance Director. The City Manager may approve those exceeding $25,000 and return to the Council for confirmation of the purchase, unless an executive order has been issued that suspends all requirements during disaster related events. PROCEDURE: When an emergency exists, a requisition will be entered outlining the nature of the emergency and coded as such. In addition, the department should call the Finance Department to alert them to the need. A purchase order will be issued upon proper approval and processing of the requisition. The Finance Department may obtain additional price quotes prior to issuing a purchase order number. Standing procedures for emergency purchases are included in the emergency management plan. EMERGENCY PURCHASES - NIGHTS, WEEKENDS, OR HOLIDAYS: If an emergency occurs when the Finance Department is closed, the Department Head shall act to secure the necessary materials or service. The evidence of purchase such as sales ticket, bill, delivery slip, counter receipt, etc., which the supplier normally furnishes, will be submitted concurrently with the requisition by the department to the Finance Department on the next work day following the date of purchase. Such back-up documents will be submitted to Finance. Emergency Justification form must be forwarded to the Finance Department by the next business day. GENERAL INFORMATION: When emergency purchases are made, the department will make the purchase at the best possible price. A true emergency can occur as a result of parts and labor needed for repairs to vehicles or equipment, which must be kept in operating order. Emergencies due to negligence are to be avoided. Failure to anticipate normal needs, project deadline dates or a desire to expend excess or remaining budgeted funds prior to year-end do not constitute an emergency. NOTE: Emergency purchases are costly and should be kept to a minimum. They are usually made hurriedly, on a non-competitive basis, and at top prices. Most vendors charge a premium when supplies must be obtained immediately. SECTION V CHANGE ORDERS PURPOSE: Certain conditions surrounding purchases may change in the course of a procurement, which necessitates a clarification or modification to the purchase order to fulfill legal requirements. DEFINITION: A Change Order to a Purchase Order is an adjustment to funding source, addition or deletion of items, quantity, delivery time, or cost. PROCEDURE: The department requesting the Change Order shall submit to the Finance Department a Change Order Request indicating the original Purchase Order Number and the reason for the changes. Change Order requests listing a price change with no explanation for the increase or decrease will be returned to the originator. The Finance Department will modify the on-line system to reflect the change. If required, the vendor will be sent a hard -copy purchase order reflecting the change. Change Orders must be processed for all changes affecting the original purchase order such as quantity increases and those changes that increase 10% or more of the original unit price dollar value. Change orders will not be processed for decreases in the purchase order amount if payment is being finalized or if the decrease to the purchase order line item amount is less than 10%. If a decrease occurs, the department will receive only the amount invoiced. The same procedure applies if the increase is less than 10% of the original purchase order dollar amount. No Change Orders to cancel an item will be processed until the Finance Department has verified that a check has not already been issued for the item. Cancellations of all purchase orders at any dollar value will require a written change order to be emailed or faxed to contractor. Cancellations and Change Orders will be distributed in the same manner as the original purchase order. Construction and Professional Services Change Orders will be processed manually using the Professional Service/Construction Change Order form. The Finance Department will make the necessary corrections to the on-line system once approvals are obtained. SECTION VI BLANKET/INVERTED PURCHASE ORDERS PURPOSE: Blanket/inverted purchase orders allow multiple transactions to be made over a specified period of time, a practice aimed at reducing the number of small orders, utilizing short-term releases to satisfy demand requirements, while creating efficiencies of effort and decreasing costs. DEFINITION: A blanket order is a purchase order issued for the purchase of indeterminable miscellaneous items or materials, supplies, parts, etc., over a certain period of time (usually on an annual basis or as approved by the Edgewater City Council). Shipments are made, as requested by the department against the blanket order number for the term of the blanket purchase order. The blanket purchase order generally establishes a maximum dollar limit, the period covered, and terms and conditions. However, since the specific items to be purchased are unknown at the time of issuance of the blanket purchase order, no line item pricing may be shown. Blanket orders may be used as a payment tool for formal contracts. An inverted purchase order is used for payment on contracts where retainage is withheld from the invoices received. Inverted purchase orders use the dollar value of the contract as the quantity and receipts are issued against line items. HOW PREPARED: Requests for a blanket/inverted purchase order shall be made on a Requisition by the using agency indicating the types of items to be purchased and total amount to be encumbered, either in quarterly increments or for the entire year. Requests for Blanket purchase orders shall contain the following information: 1. Description and types of items to be purchased. 2. The period of time the order will remain valid. 3. The maximum dollar amount not to be exceeded. If it is apparent the amount will be exceeded, the department via a change order request must request an additional amount. Adequate funds must be available in the department budget. HOW USED: After the blanket purchase order is issued, the department is authorized to place orders, via telephone or in person, directly with the vendor, when needed. PROCEDURE: The person(s) listed as authorized by the blanket purchase order may request/place orders directly with the vendor as needed. Items may be picked up or delivered by the vendor. The Department Head or designee shall be responsible for receiving all items acquired using the on-line system. HOW PAID: The Finance Department will process payment of invoices for received materials or services to obtain any discounts. User agencies must indicate receipt of all goods and services, on-line, in a timely manner. Any invoices received by the Department should be forwarded to the Finance Department after receipt processing. HOW MONITORED: The Finance Department may actively monitor all or selected purchases or invoices to ensure adherence to City procedures. The Finance Department may cancel blanket purchase orders if misuse occurs. SECTION VII QUOTATIONS AND BIDS PURPOSE: Fair and open competition is a basic tenet of public procurement. Such competition reduces the opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically. DEFINITION: A request to suppliers to make offers to an organization. PROCEDURE FOR SOLICITING QUOTES:  Every effort should be made to obtain a minimum of three (3) quotations for each item or group of items required regardless of dollar amount.  Competitive quotes are not needed on items, excluding services, under $5,000in value.  Written or faxed quotes for purchases from $5,001 to $14,999 are to be obtained by the department and documentation maintained in the department file and the quote information entered into the on-line system. Finance Department may require a copy of the quote documentation. Services provided on-site require appropriate insurance. Please call the Finance Department for assistance. Capital outlay items may require other approvals prior to purchase. The department should contact Finance Department for assistance in creation of a vendor contact list.  Purchases of $15,000 but under $25,000 will be made by formal written quotations issued by the Finance Department. The Finance Department may coordinate with the department.  The City’s bidding service provider will notify all potential suppliers via fax or email of all solicitations exceeding $25,000 in value. Formal Invitations to Bid will be distributed to prospective suppliers, as feasible, and such Invitations to Bid will indicate the deadline for receipt of the bid. No bid will be considered if received after the deadline for receipt. Invitations to Bid, documented completely, shall be maintained with the purchase order. PROCEDURE FOR SOLICITING BIDS: The Finance Department shall request formal sealed bids on purchases exceeding, or expecting to exceed in a single year, $25,000. In cases where a "purchase" or contract may extend over multiple periods or years, the total cumulative amount to be paid over the duration of the contract term will be the determining amount of the requirement for requesting formal sealed bids . All advertisements and public notice time frames will be made in accordance with Florida Statutes. The Finance Department shall solicit bids from responsible prospective suppliers obtained from our subscription notification service, publications and catalogues, suggestions from the user Department, previous suppliers, etc. The Finance Department shall attempt to secure at least three (3) bids. A tabulation of all bids received with the recommended award(s) will be posted on the City’s website and will be available for public inspection in the main offices of the Finance Department during regular business hours for 72 hours after recommendation of award and in accordance with Florida Statutes. Where requirements are of a technical nature, a multi-step bid process may be used. The conventional multi-step process calls for submission of technical proposals and bid prices at the same time, but in separate sealed envelopes. The proposals are opened and evaluated. The bid price envelopes are then opened for those proposals that are found to be responsive and responsible and award is made based on price alone. The Finance Department’s bidding notification service maintains a "Vendor List" of prospective suppliers via use of a subscription notification service. A prospective bidder will be placed on the Vendor List by subscribing to the bidder notification service. Information is available in the Finance Department office about the subscription service. RESPONSIBILITY FOR SPECIFICATIONS: The preparation of specifications is the responsibility of the department with review (and authority to challenge) by the Finance Department. Specifications will permit competition except on non-competitive materials or services, (see “Purchases Not Requiring Bids”). At least fifteen (15) business days before the intended date of advertising, the requesting Department/Division shall send the appropriate request for bid/proposal/qualification including specifications/documentation to Finance for preparation of the solicitation document. This will allow time for review, verification and approval. In general, specifications should define the level of performance required rather than specific brand name. For the benefit of vendors and the department, specifications must be clear and concise. The Finance Department reserves the right to challenge specifications to allow open competition. ENGINEER’S ESTIMATES An engineer’s estimate is a prediction of quantities, cost, and/or price of resources required by the scope of an asset investment option, activity, or project. As a prediction, an estimate must address risks and uncertainties. Estimates are used primarily as inputs for budgeting, cost or value analysis, decision making in business, asset and project planning, or for project cost and schedule control processes. Cost estimates are determined using experience and calculating and forecasting the future cost of resources, methods, and management within a scheduled time frame. This work is accomplished by a licensed design professional typically engaged by the City for the project being competitively bid. PROCEDURE FOR ISSUING DEBT: Long-term debt may only be used for the costs of acquisition, construction or modification of capital facilities and for the refinancing or refunding of such debt. This limitation prohibits any debt being issued to finance operational costs of City departments. The legal, economic, financial and market conditions associated with the issuance of debt are dynamic, unpredictable and usually in a constant mode of change. Consequently, the decision to issue debt is best made on a case -by-case basis and only after careful and timely analysis and evaluation of all relevant factors. Some of the factors that should be considered include, but are not limited to, the following:  Current interest rates and other market considerations;  The financial condition of the City;  The types, availability and stability of revenues to be pledged for repayment of the debt;  Type of debt to be issued; and  The nature of the projects to be financed (i.e., approved schedule of improvements, non- recurring improvements, etc.). Capital improvements related to enterprise fund operations (e.g., water systems, wastewater systems, refuse disposal systems, etc.) shall be financed solely by debt to be repaid from user fees and charges generated from the respective enterprise fund operations, when practicable. Capital improvements not related to enterprise fund operations (e.g., roads, parks, public buildings, etc.) may be financed by debt to be repaid from available revenue sources (including ad valorem taxes) pledged for same, when practical. All capital improvements financed through the issuance of debt shall be financed for a period not to exceed the useful life of the improvements, but in no event to exceed 30 years. The City shall not construct or acquire a public facility if it is unable to adequately provide for the subsequent annual operation and maintenance costs of the facility. The City shall at all times manage its debt and sustain its financial position in order to seek and maintain the highest credit rating possible. In order to maintain a stable debt service burden, the City will attempt to issue debt that carries a fixed interest rate. However, it is recognized that certain circumstances may warrant the issuance of variable rate debt. In those instances, the City should attempt to stabilize debt service payments through the use of an appropriate stabilization arrangement. When refinancing current debt, the City will seek a savings (net of all issuance costs and any cash contributions to the refunding) as a percentage of the refunding debt of at least 3-5%. Lease Finance Agreements utilized for competitively bid items up to and including $750,000 shall require a minimum of three (3) quotations. Quotes are to be obtained by the Finance Director and shall be maintained in the department file. BID INVITATIONS: Notice of Bid will be advertised and posted in City Hall and on the City Website. The City uses an Internet bidding service for document fulfillment purposes. They send notification of Bids to potential vendors via email, fax or mail, depending on the vendor’s preference. METHOD OF SOURCE SELECTION: The City uses the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by this Purchasing Policy. The City may, as it deems necessary, conduct discussions with responsible proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. PRE-PROPOSAL CONFERENCE: The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with City staff regarding the Proposal with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective proposers must be present in order to submit a proposal response. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount as provided in Section 287.017, Florida Statutes, for a period of 36 months following the date of being placed on the convicted vendor list. DRUG-FREE WORKPLACE: In accordance with section 287.087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that furnishes a form certifying that it is a Drug Free Workplace shall be given preference in the award process. CONFLICT OF INTEREST: Proposers shall complete the Conflict of Interest Affidavit included with the RFP documentation. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. PROHIBITION OF GIFTS TO CITY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IMMIGRATION REFORM AND CONTROL ACT: Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately. BID BOND/DEPOSITS: By signing the proposal, Proposer acknowledges that it has read and understands the bonding requirements for the proposal, if applicable. Requirements for each solicitation are specified in the Proposal. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be in force throughout the final completion and acceptance of the project awarded. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner’s approval. INSURANCE REQUIREMENTS: By signing the Insurance Requirements included in a Proposal, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the City's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discusses these requirements with the Proposer’s insurance agent, as noted on the Insurance Check List, so that the Proposer can make allowances for any additional costs. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Proposer’s proposal. The specific insurance requirements for each solicitation are included as part of the proposal. DISPOSITION OF BIDS: Bids shall be opened in public at the time and place stated in the public notices and all bids received shall be read aloud stating the name of the proposer and any pertinent information related to the solicited bid . At no time shall a bid received not be read aloud. The City shall not bear the responsibility for proposals delivered to the City Clerk past the stated date and/or time indicated, or to an incorrect address by proposer’s personnel or by the proposer’s outside carrier. However, the City Clerk, or designee, shall reserve the right to accept proposals received after the posted close time only under the following condition: The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. All bids received and accepted will be made available for public inspection ten (10) days after opening, or upon recommendation of award, whichever occurs first. PROPOSAL, PRESENTATION, AND PROTEST COSTS: The City will not be liable in any way for any costs incurred by any proposer in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. ACCEPTANCE OR REJECTION OF PROPOSALS: The right is reserved by the City to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by the City to accept the proposal which in the judgment of the City is deemed the most advantageous for the public and the City. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the City contract, the City reserves the right to accept the proposal of any other proposer or to re -advertise using the same or revised documentation, at its sole discretion. REQUESTS FOR CLARIFICATION OF PROPOSALS: Requests by the Accounting TechnicianPurchasing Specialist to a proposer(s) for clarification of proposal(s) shall be in writing. Proposer’s failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its proposal. VALIDITY OF PROPOSALS: No proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the City prior to the time set fo r the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. AWARD OF BIDS: Awards of contracts and/or purchases shall be to the lowest, most responsive and most responsible bidder of goods or services, representing the best value to the City. In determining the lowest, most responsive and responsible bidder and that purchase or contract that will best serve the interests of the City, the Council, the City Manager, and purchasing agent, as appropriate, shall consider, but shall not be limited to, in addition to price, the following: 1. The ability, capacity and skill of the bidder to perform under the terms of the bid documents including past performance, if available. 2. Whether the bidder can perform the contract or provide the materials or service promptly, or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder as reflected in credit reports, Better Business Bureau reports or other records or reports. 4. The quality of performance of previous contracts and the providing of materials and/or services. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract, or the providing of materials or services. 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the materials or services. 7. The quality, availability, and adaptability of the supplies, equipment, or contractual services to the particular use required. 8. The ability and location of the bidder to provide future maintenance and service for the purchase and the financial impact upon the City to receive such future maintenance or service. If a bidder does not currently have a local project office, the evaluation committee shall consider the bidder establishing a local project office to satisfy this requirement 9. The number and scope of conditions attached to the bid. 10. Whether the bidder is in arrears to the city on a debt or is a defaulter on surety to the City; or, whether the bidders' taxes or assessments are delinquent. 11. The bidder has all current local and county Business Tax Receipts and licenses as required by law. ITBs are the least formal review process and the award of the contract is to the lowest priced, responsive, responsible bidder. The Finance Department coordinates with the requisitioning department to determine if the lowest price bid is responsive (i.e., complies with the City’s specification). A review of the bid is required to determine if it conforms to the requirements stated in the solicitation. If the lowest priced bid is found non-responsive, then the next low bidder will be evaluated and so on until a responsive contractor is found. When the lowest bidder is found non-responsive or not responsible, this determination must be in writing with the appropriate documentation. The Finance Department reserves the right to challenge any award recommendations of the user division/department. City Council will approve bid award recommendations wherein the award to each vendor exceeds $25,000, unless previously exempted or approved. The Finance Department is responsible for the drafting of the Council Agenda Request and assuring appropriate approvals are obtained... The Finance Department will then submit the Council Agenda Request to the City Manager. Award shall not be final until issuance of a purchase order or contract by the Finance Department. CHANGES IN FINALIZED BIDS: Any increase in unit price of any bid formally approved by the Edgewater City Council must be re-submitted to the Council for approval unless the increases were allowed by the bid or contract document. WAIVER OF IRREGULARITIES: The City Manager on behalf of the City Council shall have the authority to waive any and all irregularities in any and all formal bids. TIE BIDS: In the event of a tie (with each business certifying that it is a Drug-Free Workplace), both in individual scoring and in final ranking, the firm with the lowest volume of work on City projects within the last 5 years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the City’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. If neither vendor has performed in work in the last five years, the preference will be given to the Proposer within the city limits or principal office closest to City Hall. CONTRACTS: Whenever required, the successful bidder shall promptly execute a formal contract to be approved as to its form, terms and conditions, and signed by the proper authority. Contract time will be based on engineers’ estimates and will be mutually agreed upon by both the City and the successful bidder during contract negotiations. When required, such bidder shall also execute and deliver to the Finance Department a good and sufficient performance and/or payment bond in the amount specified in the Invitation for Bid. Any bidder who has a contract awarded to him/her and who fails to execute promptly and properly the required contract and bond, shall forfeit his/her certified check or bid bond. Upon the execution of the contract by the successful bidder, his/her certified check will be returned or his/her bid bond may be released. The certified checks of unsuccessful bidders shall then be returned. CITY’S RIGHT TO INSPECT: The City or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing. WARRANTY REQUIREMENTS: 1. For purposes of this warranty requirement, the term "goods" means any equipment, machines, tools, vehicles, hardware, supplies, component parts or other tangible personal property procured by the city, to which procurement this warranty requirement is made applicable through the specifications. The term "City" means the City of Edgewater, acting through its employees, departments, boards, council. 2. The successful bidder (also referred to herein as "vendor"), by s ubmitting the bid, furnishes the following warranty as provided below: a. Vendor warrants that the goods delivered are newly manufactured, free from defects in materials and workmanship and conform in every respect to City's specifications. Vendor also warrants that if, during the warranty period, all or any portion of the goods: (a) fail for any reason, (b) are discovered to be non-conforming, or (c) are defective in materials or workmanship, vendor will replace such failed, non-conforming or defective goods at no cost to city within the same time limit as the delivery period. This warranty shall run from date of official acceptance of the goods by city, which date is either the installation date or in - service date as shown on city records or the date of form al acceptance of the goods in writing by an authorized city official, whichever occurs first, and end one (1) year after the date of the official acceptance. This warranty shall be unconditional, except that it shall not apply to obvious abuse, misuse or damage caused by city. b. As between vendor and city, the express warranty given in subparagraph (b) (1) is in lieu of any other express warranties. Should this warranty fail of its essential purpose, City will continue to have recourse under applicable Florida law. This warranty is intended for the exclusive benefit of the City and does not create any warranties (express or implied) or causes of action in favor of any third parties. c. If a manufacturer of the goods or of component parts of the goods provides a special or independent warranty which is longer than the period provided for this warranty, or which provides terms more favorable to city than those contained in this warranty as to any other provision, the provisions of this warranty shall not be construed to diminish or conflict with the special or independent warranty given by such manufacturer. 3 The successful bidder, by submitting the bid, agrees to give the following indemnity with respect to the goods: Vendor shall defend, indemnify, and save harmless the City, its officers, agents and employees, from all suits, actions or claims of any character, type or description brought or made on account of any personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, arising out of or occasioned by any breach of any warranty, express or implied, as to the goods or the fault of subcontractors, in the performance of the contract, purchase order or price agreement; provided, howeve r, that this indemnity Formatted: Indent: Left: 0", Hanging: 0.25" shall not apply to any personal injury including (including death), property damage or other harm caused solely by the negligent use, misuse or abuse of the goods by city, or caused solely by any negligent act or omission of city unrelated to the use of the goods. In the event of joint or concurring responsibility of vendor and City, responsibility and indemnity, if any shall be apportioned comparatively in accordance with the laws of the state of Florida, without, however, waiving any governmental immunity available to the City under Florida law. This provision shall not be construed for the benefit of any third party, nor does it create or grant any right or cause of action in favor of any third party against city or vendor, this pro vision being solely intended to provide for indemnification of City from liability for damage to third persons or property as set forth in this paragraph. SECTION VIII COMPETITIVE PROCUREMENT PURPOSE: The City will make award to the proposal that meets the requirements and criteria set forth in the solicitation and whose award will, in the opinion of the City, are in the best interest of the City. Proposals shall be evaluated based on the requirements set forth in the solicitation. Criteria that will affect the price should be considered in the evaluation, and shall be objectively measurable, such as financial capability, references, discounts, transportation costs, past performance, total or life cycle costs and overall responsiveness of the submittal. No criteria should be used in the evaluation that is not set forth in the solicitation. Factors to be considered in determining whether the standard of responsibility has been met include whether, in the City's determination, a prospective ven- dor/contractor has: 1. appropriate financial, material, equipment, facility, and personnel resources, experience, knowledge, and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; 2. a satisfactory record of performance on similar projects; 3. a satisfactory record of integrity; 4. qualified legally to contract with the City; and 5. supplied all necessary information in connection with the inquiry concerning responsibility including but not limited to any licenses, permits, insurance, price sheets or required organizational papers. (1) appropriate financial, material, equipment, facility, and personnel resources, experience, knowledge, and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual require- ments; (2) a satisfactory record of performance on similar projects; (3) a satisfactory record of integrity; (4) qualified legally to contract with the City; and (5) supplied all necessary information in connection with the inquiry concerning responsibility including but not limited to any licenses, permits, insurance, price sheets or required organizational papers. The solicitation for Proposals shall state the relative importance of price and other evaluation factors. Award can be made to the most responsive, responsible offeror whose proposal is determined to be the most advantageous to the City in accordance with the evaluation criteria contained in the Proposal. Evaluation of Proposals (Procedure): The City’s procedure for selecting is as follows: 1. The City Manager shall approve an Evaluation Committee to review all proposals submitted in accordance with Statute. At a minimum there will be one member of the Finance Department as part of the evaluation committee. Plus there shall be a minimum of three members of the committee, but always an odd number. ITB’s that are solely priced based will be reviewed by the Purchasing Technician Specialist and Project Manager as described below and will not be subject to the Evaluation Committee process. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Accounting TechnicianPurchasing Specialist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Meetings shall be conducted in accordance with Florida’s Sunshine Law and the City Clerk shall publicly post prior notice of such meeting in the lobby of the City Hall at least one 1 day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the evaluation committee, the City Clerk will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the City Hall not less than 3 working days prior to the meeting. The City Clerk shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one 1 day in advance of all subsequent meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. SECTION IX PROFESSIONAL SERVICES CONSULTANT’S COMPETITION NEGOTIATION ACT (CCNA) PURPOSE: All requirements for CCNA Professional Services, as defined in Chapter 287.055, Florida Statutes shall be publicly advertised once in a newspaper of general paid circulation or as otherwise indicated in Florida Statutes. Allowable exceptions to public advertisement include: (a) Projects involving a public emergency, pursuant to Section IV of the Purchasing Policy. (b) When the basic construction of the completed project is estimated to be less thenthan $250,000 or defined as category five in Florida Statutes, Section 287.017, whichever is greater. (c) When the fee for professional services for a planning or study activity is estimated to be less than $25,000 or defined as category two in Florida Statutes, Section 287.017, or as may be amended, whichever is greater. The Project Manager for acquisition of professional and consultant services under an RFQ (Request for Qualifications) should suggest recommendations for appointment of evaluation committee members who have knowledge and interest in the project. The Evaluation Committee should consist of: Department Head or designee, Project Manager and a staff member outside the requesting Department. The City Attorney’s office may also provide a representative who shall participate in an advisory capacity as a non-voting member. The Finance Director or designee shall chair the meetings. The City’s policy and procedures concerning the evaluation process will be followed. The Evaluation Committee shall determine specific qualifications necessary for the project consultant and specify the form for submittal of qualifications by prospective consultants. For publicly announced requirements, the Department/Division/Office will provide the Finance Department a RFQ request and scope of services; evaluation criteria and the Finance Department will publish the notice in a newspaper of general circulation and shall indicate how interested consultants may apply for consideration. Trade journals or trade magazines may also be utilized for public advertisement for consultant services. Purchasing will administer the opening of the proposals and the selection/negotiation committee meetings. Florida Statutes require reasonable notice to the public, such as the evalua - tion/negotiating sessions with consultants. The notice will include the committee's name and purpose, location of meeting, date and time of meeting, and shall be posted 72 hours in advance of the meetings. A copy of the meeting notice shall be posted in City Hall. Part of the notice of public meeting shall include the statement: "Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, 48 hours in advance of the meeting”. The Chairman of the meeting will ensure a record of the meeting is maintained, either through a written or recorded method or in accordance with the Public Records Law of the State of Florida. The City shall make a finding that the firm or individual to be employed is duly qualified to render the required service. The Evaluation Committee shall review statements of qualification and performance data submitted in response to the public announcement and shall select, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified, if at least three (3) firms respond to the announcement. If there are less than three (3) firms responding and after due diligence and searching it is decided every effort was made to meet Florida Statute 287.055, the City will interview all respondents and proceed with the evaluation process. Consultant evaluation criteria shall include, but may not be limited to: approach to work, the ability of professional personnel; past performance and willingness to meet time; location of no more than 10 percent may be used; recent, current and projected workloads; and volume of work previously awarded to the firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such equitable distribution does not violate the principle of selection of the most highly qualified firms. The Evaluation Committee may conduct some type of public discussions with and may require public presentations by a minimum of two (2) firms pertaining to the firms' qualifications, approach to the project, and ability to furnish the required service. Each evaluation committee member will review the statement of qualifications submitted by each firm and will evaluate each firm’s qualifications utilizing the Professional Services Evaluation Form containing the specific evaluation criteria established for each RFQ which will approximately resemble the attached PSEF form. The scores of the committee members will be added to determine the ranking of the firms (first, second, third) public presentations by firms are not conducted, the ranking established during the “short list” phase, which includes discussion with the minimum of three (3) firms, will be the ranking order of the firms. The committee shall maintain the summary listing of the rank order of the firms being evaluated, present their recommendations of the three (3) most qualified firms to the Council, if at least three firms respond to the announcement, and request the Council to approve the ranking and to authorize staff to negotiate a contract with the top firm. The negotiating committee will consist of the same individuals as the evaluation committee to the extent possible. Upon Council direction, the negotiating committee shall negotiate a contract with the most qualified firm for professional services for compensation, which is determined to be fair, competitive and reasonable. Detailed discussions must be held by the firm and the City to clearly establish the scope of the project and the exact services to be performed by the Consultant. The committee shall negotiate a contract for professional services with the most qualified firm at a compensation, which the City determines is fair, competitive and reasonable. In making such determination, the City shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. Should the City be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City determines to be fair, competitive and reasonable, negotiations with that firm must be formally terminated. The City shall then undertake negotiations with the second most qualified. Failing accord with the second most qualified firm, the City must terminate negotiations. The City shall then undertake negotiations with the third most qualified firm. Should the City be unable to negotiate a satisfactory contract with any of the selected firms, the City shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with the prior requirements until an agreement is reached For all lump-sum or cost-plus fixed fee contracts of $150,000or defined as category IV in Florida Statutes Section 287.017, whichever is greater, the firm awarded the contract must execute a truth-in-negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting. Any contract requiring this certificate shall contain a provision that the original contract price and any additions shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract. SECTION X PROCEDURES FOR MULTIPLE CONSULTANTS UNDER COMPETITIVE CONSULTANT NEGOTIATION ACT (CCNA) PURPOSE: To set standards as to how scopes can be split between those services within the scope of practice as defined by the laws of Chapter 287.055, Florida Statutes. The Selection Process described below will be followed to select a consultant when awarding master agreements under continuing contracts when multiple qualified consultants are under contract with the City. Whenever possible, the objective is to distribute the work equally amongst the consultants under contract. Equal distribution of the work will be measured by the dollar value of the work awarded; such that each consultant gets (if work requirements permits) an equal share of the total dollars spent annually on the Master Agreements. 1. Selection Process: When dealing with multiple consultants under a CCNA Master Agreement, the Department, responsible for the project, will select only one of the consultants to solicit for a proposal when criteria items a. or b. apply. On projects where criteria a. or b. do not apply, the Department, responsible for the project, will prepare a scope of work document that Finance will use to solicit sealed proposals from the qualified consultants under contract with the City for the specified type of work. The following criteria items c. through g., in order of acceptance, will be used to determine which consultant will be awarded the work: a. Specific and unique technical expertise not available from any of the other consultants under contract. This criterion will not apply to all master agreements. b. Maintain project continuity. This criterion will not apply to all master agreements. c. Past performance on previous City work. d. Availability of resources to undertake assignment. e. Willingness to meet time and budget requirements. f. Distribution of dollars awarded to date under the Master Agreement with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most qualified firms. g. If the consultant does not choose to participate, the City will select another consultant using the criteria in paragraphs (a - f) above. When multiple sealed proposals are solicited, the Department responsible for the project shall evaluate the sealed proposals in accordance with the above criteria and select one of the consultants to perform the work. 2. Generating the Master Agreement: The Department, responsible for the project (User Department), must send a Request for Service/Proposal to the consultant selected (as provided herein) or Finance must send (as provided herein) a Request for Service/Proposal to the multiple consultants under contract. The request asks for a technical memorandum/scope of services and a fee proposal. The Request for Proposal must include: a. Statement of Work - The statement of work will provide each consultant with a complete description of the requirement enabling them to prepare a proposal with valid man-hours. The City may ask the consultant for solutions and to identify unacceptable conditions. b. Elements - The minimum required elements are the purpose and brief description of the project; description of the work/service to be performed; the location(s) where the work/service is to be performed; the basis for determining the award of the Master Agreement; a contact person for the City for questions or clarifications including the telephone number and the extension number; and what is the required delivery date or period of performance. Any questions or clarifications given must be forwarded to all consultants. c. Submittal - The User Department or Finance Department must indicate when the proposal is due back to the City. Be very specific of when and where the proposal is to be delivered, indicating that if the City does not receive the submittal on time, the City understands the consultant has chosen not to participate in the process for that particular project. d. Additional information - If additional information is available for the consultant’s review and consideration, please indicate the location of those documents and the contact person including telephone number and extension number. e. Meeting/Site Visit - If a meeting and/or a site visit are necessary to discuss the project, please indicate the location, time and date of the meeting. 3. The consultant shall submit the following in response to the City’s Request for Proposal: a. Detailed Scope of Work and Services – The Detailed Scope of Work and Services shall specifically address each aspect of the project and tell in detail how the consultant will accomplish the work. Provide a schedule that, as a minimum shall include a list of milestones and a schedule for completion. Each milestone task must be described in sufficient detail for the Department to evaluate the consultant’s understanding of the project and action plan for completion. b. Fee Proposal – The Fee Proposal shall include as a minimum the level of effort proposed to support the work. This should include a list of man-hours by staff position and the contracted hourly rate for that position. The hourly rate should match the hourly rate included in the Master Agreement, unless the hourly rate is negotiated to a lower rate. Any subcontracted effort must be included in the proposal and supported by a matching fee proposal. c. Acceptability of Proposal from the selected consultant - The proposal received from the selected consultant must be acceptable to the City. Criteria to consider when determining the acceptability may include understanding requirements, technical approach, innovative techniques or solutions, management approach, proposed fee and the ability to meet cost or time constraints. The User Department will determine the acceptability criteria for the Master Agreement. 4. If the proposal is found to be unacceptable as submitted, the City will continue to negotiate with the selected consultant until an acceptable resolution is obtained. a. If the proposal as submitted is not fully acceptable, but could become acceptable with relatively minor changes to the scope of services, proposed fee schedule or fee proposal, then the Department will enter into discussions with the consultant to refine the proposal making it acceptable. Based on those discussions, the consultant must submit a revised proposal, which the City finds fully acceptable. b. If the proposal as submitted is so unacceptable that it cannot be made acceptable without major modifications to either the technical scope of services, the proposed fee, or the proposed schedule, then the City has the option to formally terminate negotiations with the consultant and enter into negotiations with the next qualified consultant for the project, and so on, or re-solicit proposals. 5. The User Department must provide copies of all documentation to the Finance Department including: a. Request for scope of work and services and fee proposal; b. Originals of the consultant’s submittals; c. Determination of acceptability and recommendation for award (master agreement request form); d. Prepare Council Agenda Request (CAR) for awards greater than $15,000. d. SECTION XI PROCUREMENT OF DESIGN-BUILD AND/OR DESIGN-BUILD OPERATE SERVICES PURPOSE: Pursuant to § 287.055(9), Fla. Stat. (2007), the following procedures shall be followed in selecting firms when design-build or design-build-operate services are sought by the City. Definitions contained in § 287.055(2), Fla. Stat. (2007), have the same meaning in this part except "project". "Project" shall mean a fixed capital outlay project described in the public notice including individual facilities; grouping of facilities; and rehabilitation and renovation activities. 1. Selection of the Design-Criteria Professional Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at 0.5" + 0.63" Formatted: Indent: Left: 0.5", No bullets or numbering, Tab stops: Not at 0.5" A design criteria professional shall be selected and contracted with pursuant to § 287.055, Fla. Stat. (2007) or otherwise currently be under contract or employed by the City. The design criteria professional will not be eligible to render services under design-build or design-build-operate contracts executed pursuant to the design criteria package. The design criteria professional may be required to evaluate qualifications and proposals submitted by firms, review detailed working drawings for the project, and evaluate project construction for compliance with the design criteria package. 2. Design Criteria Package The design criteria professional shall prepare a design criteria package on behalf of the City. The purpose of the design criteria package is to provide sufficient information upon which firms may prepare proposals or upon which negotiations may be based. The firm to whom the contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. 3. Minimum Qualifications for Firms Providing Design-Build Services Firms seeking to provide design-build or design-build-operate services shall be: a. Certified under § 489.119, Fla. Stat. (2007), to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; and b. Certified under § 471.023, Fla. Stat. (2007), to practice or to offer to practice Engineering; or certified under § 481.219, Fla. Stat. (2007), to practice or to offer to practice architecture; or certified under § 481.319, Fla. Stat. (2007), to practice or to offer to practice landscape architecture. 4. Request for Qualifications a. The City shall give public notice of each instance in which professional services are being sought for a design-build or design- build-operate project, providing a general description of the project and requesting qualifications from firms. The notice shall be published in appropriate publications as determined based upon the type of project. b. A firm desiring to provide design-build or design-build-operate services for a project shall timely submit a letter of interest to the City, which shall include the following: qualifications, availability and past work. Along with its qualifications, the design-build firm shall file a sworn statement pursuant to § 287.133, Fla. Stat. (2007). 5. Qualification of Firms Formatted: Indent: Hanging: 0.44" The City shall determine the relative ability of each interested firm to perform the services required for the project based on the factors set forth in Section XI (3) above. After reviewing the letters of interest, the City shall select no less than three firms deemed to be most highly qualified to provide the required services and request those firms to provide proposals for the project. 6. Proposal Selection a. Only firms selected as most qualified will be notified by email by the City to submit sealed proposals. Firms not selected will be notified by email. b. Pursuant to the request for proposals, each selected firm shall timely submit its sealed proposal to the City for evaluation. The proposal shall be based on the criteria in the request for proposal and design- build or design-build-operate package. c. The City shall evaluate each firm's proposal based on price and technical and design aspects of the project. The evaluation process shall be based on criteria and procedures established prior to the solicitation of competitive proposals. d. Where further clarification of proposals or additional information is needed, the City shall require informational presentations by the selected firms. e. The City shall designate and rank not less than three firms, in order of preference, whose proposals the City deems to be most advantageous, having taken into consideration the evaluation criteria and the Proposer's responsiveness to the request for proposals. A notice of intended action shall be provided by email to the selected firms. 7. Competitive Negotiations a. The City shall begin contract negotiations with the designated firms in order of rank for fair, competitive and reasonable compensation. b. Should negotiations with the most highly ranked firm prove unsuccessful, as determined by the City or designee, negotiations with that firm shall cease and negotiations shall begin with the next most highly ranked firm. Negotiations shall continue in accordance with this section until an agreement is reached. The City or designee is authorized to award the contract. c. If a satisfactory agreement is not reached with any of the designated firms, the City will either: 1. Designate and rank additional responding firms, in order of preference, for competitive negotiations pursuant to (1) and (2) above; 2. Republish the request for qualifications, with any appropriate modifications; or 3. Abandon the process entirely. 8. Rejection of Proposals a. The City reserves the right to reject any and all proposals, provided such action is done in good faith, and is not arbitrary and capricious. b. If the City finds it necessary to reject all the proposals, a written statement to this effect shall be placed in the proposal file and the Proposers shall be notified. The City may then republish the request for qualifications, with any appropriate modifications. Any interested firm will have the opportunity to submit or resubmit its qualifications to the City for consideration. 9. Emergency Procurement of Design-Build Services If the City determines in writing that an immediate danger to the public health, safety, welfare or other substantial loss to the public requires emergency action, the City may proceed with the procurement of the design-build services without competition. 10. Reuse of Plans When the City reuses existing design criteria packages and resulting plans from a prior project, the requirements of this subpart shall not be applicable. 11. Alternative Procedure for Procurement of Design-Build or Design-Build- Operate Services In lieu of the policies contained herein, the City may engage in a qualifications - based selection process for design-build or design-build-operate services as set forth in section 287.055(9)(c). This alternative process would allow the Cit y to issue a request for qualifications without price, to rank the respondents and to begin negotiations with the top ranked respondent. The selected firm would then establish a guaranteed maximum price and guaranteed completion date. Should the City elect this alternative process, it shall be made clear in the original solicitation. SECTION XII EVALUATION OF PROPOSALS AND RECOMMENDATION FOR AWARD PURPOSE: Once the proposals have been opened, an Evaluation Committee or Technical Reviewer must evaluate them. The Finance Department must be present at each evaluation meeting and shall chair the Evaluation Committee. The Evaluation Committee is structured to provide the skills necessary for the particular project being evaluated. Certain procurement act ions may require a technical review, which may be conducted at the discretion of the Department Head. To the extent a Technical Review is needed, they shall comply with the Sunshine Law and Public Records requirements. Additional skills required for evaluation may include engineering, general business, legal, or information technology. The Evaluation Committee as a whole will meet to arrive at a recommendation for award. When the Department or Technical Reviewer responsible for the project prepares recommendation, the tabulation sheet must be included with the recommendation of award. Once all the steps above are completed, the contract will be prepared and the Council Agenda Request must be written, if necessary. Evaluation Committee meetings must comply with the State of Florida’s Sunshine and Public Records Laws. Reasonable notice of the date, time and place of the meeting must be given. The meeting should be recorded, when possible. If not recorded, minutes must be taken by the person chairing the meeting. At the meeting, the committee members must return all required forms such as the Conflict of Interest Statements and individuals or group evaluation forms and any other pertinent data as necessary for the evaluation of the project. 1. The evaluation process is a key function in the selection of a quality contractor/consultant. It is very important that this process be conducted in a professional and consistent manner; therefore team members need to be flexible and available for all meetings during the evaluation/review process, including demonstrations and presentations. City employees that are nominated to serve on an Evaluation Committee will follow these guidelines and procedures. The Evaluation committee shall review the proposals for references, responsiveness and responsibility of submittals. The Evaluation Committee evaluates the submittals against the established evaluation criteria stated in the solicitation. Evaluation Committee meetings are considered “open meetings” under the Government-in-the-Sunshine Law and must be open, notice posted and minutes taken. 2. For all Proposals, CCNA and special projects, if the procurement has a value of $250,000or more per year, then the Department Director must be a member. 3. For contracts awarded under the State of Florida’s Consultants’ Competitive Negotiation Act (CCNA): This formal evaluation process will identify the firms that best meet our requirements in accordance with the evaluation criteria stated in the solicitation. The Evaluation process requires a review of all proposals independently against the established evaluation criteria as stated in the solicitation. The Finance Department will supply the evaluation criteria as stated in the solicitation. The evaluation sheets shall include comments of the strengths, weaknesses and deficiencies of each proposal that support the staff recommendation. The Evaluation Committee shall evaluate statements of qualifications and performance and shall conduct discussions with and may require public presentations by no fewer than three most highly qualified firms (if more than three firms) selected in order of preference. Each evaluation committee member will review the statement of qualifications submitted by each firm and will evaluate each firm’s qualifications utilizing the Professional Services Evaluation Form containing the specific evaluation criteria established for each RFQ which will approximately resemble the attached PSEF form. The scores of the committee members will be added to determine the ranking of the firms (first, second, third). The evaluation sheets will be included in the backup of the agenda or a tabulation form displaying the scores of all committee members can be submitted instead of individual sheets. If public presentations by firms are not conducted, the ranking established during the “short list” phase, which includes discussion with the minimum of three (3) firms, will be the ranking order of the firms. 4. Request for Proposal (RFPs) (Non-CCNA): This process is similar to the above. It includes a price/cost evaluation that the Finance Department will provide as part of the overall evaluation. The method of award must be stated in the solicitation and may be of two types; low price technically acceptable or best value. For low price technically acceptable process, the evaluation process will start with the lowest proposal to determine if they are technically qualified. If not, then proceed to the next low until an acceptable proposal is found. A pass/fail or yes/no evaluation is required to determine if the proposal meets the technical requirements. For Best value process or an award to other than the lowest price, the team must evaluate all proposals and document the advantages of the recommended firm to support the best value recommendation. The documentation must specifically address why the recommended award is worth the added cost over the lowest (or lower) price(s). The evaluation sheets that support the best value justification will be part of the backup documents.  Method of evaluations: There are two approved methods of evaluations to be used: - Weight (points) system, can be a two-step process - Rating (adjectival) system can be a two-step process. 5. The Evaluation Committee Leader is responsible for ensuring the Evaluation Committee performs Past Performance or Reference checks, and guiding the team to a consensus recommendation. The Finance Department will monitor the evaluation process and provide guidance at the start of each formal evaluation. If requested, training on the evaluation process can be provided to the team with little or no previous evaluation experience. The Finance Department will review forms for completeness and compliance with the policy. Any forms that are not properly filled out or which lack appropriate comments or documentation to support the award recommendation may result in the delay of the award recommendation. Each team member must be thoroughly familiar with the contents of each proposal and the requirements of the evaluation criteria in the solicitation. Team members should evaluate each proposal on its own merits and in accordance with the requirements stated in the solicitation. At the Evaluation Committee meeting, team members will work towards reaching consensus and will submit a single recommendation for proceeding. The Evaluation Committee Leader, with assistance from the Finance Department Staff, will guide the team’s deliberations. 6. List the Strengths, Weaknesses and Deficiencies using the following guidelines: - Strengths: Those areas in which the proposal meets or exceeds the City’s requirements. - Weaknesses: Those areas where the proposal lacks soundness or effectiveness, which could prevent fully successful performance of the contract. - Deficiencies: Those areas where the proposal fails to meet the City’s requirements. These strengths, weaknesses and deficiencies can be used in the negotiations, presentations and discussions during the second step of the two -step process. The Finance Department is responsible for performing a cost or price analysis on each solicitation. The analysis will include a determination of fair and reasonable price for the recommended award. The price/cost proposal of the RFP should be evaluated by the Finance Department personnel using the following ratio: The lowest price proposal receives the maximum points or is rated highly acceptable. Divide the lowest vendor’s price by the next vendor’s price to receive a percentage and multiply this percentage by the weights to determine the next score. The lowest price proposal receives the maximum points or is rated highly acceptable. Divide the next vendor’s price by the lowest to receive a percentage and multiply this percentage by the weights to determine the next score. If the contract is based upon various hourly rates or level of effort, the Specialist must make some assumption based upon anticipated usage or historical data. This estimated cost must be analyzed using the above process or if developed in the RFP a way to utilize the rates as benchmark. Presentations and interviews must comply with the State of Florida’s Sunshine and Public Records Laws. The meeting should be recorded, when possible. If not recorded, minutes must be taken by the person chairing the meeting. If presentations are necessary, the details of the presentations must be discussed such as time for each presentations and the overall schedule. Once the information is collected and compiled, the ranking must be established. The Tabulation Form must be updated and posted in DemandStar. Once the short listed firms have been identified, staff must ensure compliance with the following process:  Notify the Consultants by fax or e-mail of the City’s determination. The firms must be notified within the next two (2) days of the Evaluation Formatted: Font: (Default) Arial, Font color: Black Committee meeting. The notification shall include details of the interviews/presentations including but not limited to the following: - Date and time of the interview/presentations. - Location of the meeting. - Time allotted for each firm. - Additional information if requested by the Evaluation Committee.  Finance will coordinate the schedule of the interviews/presentations with the Evaluation Committee meeting and when applicable will send invitations via e-mail.  Interviews/Presentations forms must be sent to the User Department requesting information for the evaluation of the firms.  Prior to the date of the interviews/presentations, staff must ensure that the evaluation forms and the sign-in sheet forms are completed and available for each member of the Evaluation Committee. There must be a sign-in form for each of the firms presenting. SECTION XIII BONDS AND BID SECURITY PURPOSE: The Finance Department is responsible for insuring that any required surety bonds are maintained. Before commencing work on the construction of a public building or repairs upon a public building or public work, the contractor shall deliver to the City a payment and performance bond which will be recorded in the public records of the City. The bonds must state the name and principal business address for both the principal and the surety and must contain a description of the project sufficient to identify it. Requirement for Bid Security: Bid security shall be required for all competitive sealed bidding for capital improvement construction contracts when the price is estimated to exceed $100,000 or when the City Manager or designee deem appropriate. Bid security shall be an original bond provided by a surety company authorized to do business in the State of Florida or the equivalent in the form of a cashiers or certified check. The City Manager may require bid security for other types of bids and Request for Proposals (RFPs). Amount of Bid Security shall be indicated in the Contract Documents. When the Invitation for Bids (IFBs) or RFPs requires security, noncompliance requires that the bid be rejected. As determined by the Finance Director or designee or mandated by Florida Statutes, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract: 1. (1) A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the contract. 2. (2) A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State of Florida or otherwise Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the contract. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds or in circumstances other than specified in this Section. SECTION XIV CONTRACTS AND CONTRACT PROCESSING PURPOSE: The City contracts for a varied number of services and products. Formal contracts attest to definitive detailed obligations of goods, services and/or payments of monies between the City and others, as approved by the City Council or as delegated by the City Council via formal action or ordinance. Contracts will be issued in conjunction with either a blanket or inverted purchase order, which will be used as the payment tool for the contract. DEFINITION: A written or oral agreement between two or more competent parties that defines a job or service to be performed and which is legally enforceable. WHEN PREPARED: Contracts are prepared after a recommendation of award of a bid, proposal or quotation is received, or in absence of competition, prior to approval by the City Council or City Manager, as appropriate. Contract time will be based on engineers estimates and mutually agreed upon by both the City and the successful bidder during contract negotiations. HOW PREPARED: The Finance Department will prepare and coordinate contract activity, including contract preparation; legal reviews; contract amendments; renewals; contract change order preparation, or review if prepared by the City’s consultant; change order processing; notice to proceed; pay request review and processing for inverted purchase orders, unless delegated, and any other activity as determined by the City Manager. PROCEDURE: All requests for contract preparation will be sent to the Finance Department. The dollar thresholds for procurements will be followed unless exempted by code, ordinance or prior Council approval. Contracts with no dollar value will be signed by the City Manager unless he wishes to have Council approve. A draft contract will be prepared by the Finance Department and sent for review to the Contractor, City Attorney and the requesting department. If required, the Finance Department will submit a Report to Council for the approval of the contract. All review comments will be routed to the Finance Department. The contract will be revised and routedand routed for signature from the following parties: Contractor Department Head Finance Director City Attorney City Manager Mayor The City Clerk will ensure the Mayor’s signature is obtained as required. The City Clerk will then sign and affix the City seal. The City Clerk will return the documents to Finance Department for distribution. Distribution of the original contract is as follows: Vendor, City Department, City Clerk and Finance Department. If multiple departments require the document, copies will be made and distributed to departments. If the contract involves the collection of revenue, the Finance Department receives two copies of the contract. The City Clerk will record and retain all officially approved and executed original contract documents. RESPONSIBILITY: The affected department will monitor the contract for compliance with terms and conditions of the contract. The Finance Department will monitor contracts for procedural, legal and statutory compliance, and to assist in dispute resolution. SECTION XV PURCHASES NOT REQUIRING BIDS PURPOSE: This section defines the limitations of purchasing without solicitation. Authorization for purchase of these items will follow the threshold approval authority as outlined in this Policy. SOLE SOURCE AND PROPRIETY SOURCE: The following criteria must be met in order to satisfy the sole source or proprietary source requirement: a. It is the only item that will produce the desired results (or fulfill the specific need) …or b. The item is available from only one source of supply … or c. The item is available from more than one vendor but due to extreme circumstances, only one vendor is suited to provide the goods or services. Sole source and proprietary source purchases are exempt from competitive requirements. However, all sole source requisitions exceeding $10,000 in value will be electronically advertised for a period of at least 5 business days. The steps to follow for sole source and proprietary source purchases are as follows: a. The User Department/Division and the Finance Department shall attempt to locate competition. Staff will also check for piggyback contracts. If no other sources are found, the User Department/Division shall submit to the Finance Department a completed sole source/proprietary source form, indicating the requisition number. b. A sole source or proprietary source form shall be used to justify and document the requirement. The form shall state why on ly one source can produce the desired results (or fulfill the specific need). c.The Finance Department will electronically post a description of all requisitions meeting the requirements for competitive pricing for a period of at least seven (7) business days after the receipt of a completed sole source form from the department. d.The Finance Director shall review and approve or disapprove, in writing; sole source/proprietary source designation. e.The User Department/Division shall be notified of disapproved requests and the purchase shall be made in accordance with standard procedures. f.When the Finance Director approves a sole or proprietary source, staff shall conduct negotiations on price, delivery, and terms. The price must be determined fair and reasonable. g.The Finance Department shall keep a log of sole/proprietary source purchases, which includes the vendor name, the amount, item description, justification, and the purchase order number. h. For those instances that services are needed involving multiple years (i.e. maintenance of equipment, warranty, etc.) the request must be combined to capture the project, as a whole, and the proper approval must be obtained. STANDARDIZATION DEFINITION: Standardization is the process of examining characteristics and needs for items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for that purpose. Proprietary purchases (usually components) maintain a degree of continuity to the original or existing decor, equipment, or programs. Where standardization is determined to be desirable by the Finance Director, the purchase of materials, supplies and equipment and certain contractual services may be made by negotiation. Compatibility to existing equipment will be an acceptable justification for waiver of bidding procedures provided the item meets the other criteria within the definition of sole source item (i.e.; available from only one source and only item that will produce the desired results). COOPERATIVE PURCHASING DEFINITION: An approach in which several organizations jointly buy selected items. They may form or utilize a centralized buying service that purchases specified types of items for all members of the group or cooperate informally. The resulting volume buying usually produces significant cost savings for group members. Formatted: Justified, Space Before: Auto, After: Auto, No bullets or numbering, Pattern: Clear The Finance Director shall have the authority to join with other units of government in cooperative purchasing ventures when the best interests of the City would be served and the same is in accordance with City Ordinances. Purchases in any amount may be made against established G.S.A, State of Florida, or other units of government and non-profit organizations including established and approved Cooperative Purchasing Associations (i.e., U.S Communities, The Cooperative Purchasing Network -TCPN, National Joint Powers Alliance - NJPA , The Interlocal Purchasing System - TIPS USA etc.) term contracts without bidding, provided they are in the best interest of the City. Purchases from the current City cooperative contracts, state term purchasing contracts, or state university system cooperative bid agreements, and non-profit organizations, and approved Cooperative Purchasing Associations will be an acceptable alternative procedure for bidding, providing all terms and conditions of the contract apply. OTHER NON-COMPETITIVE PURCHASES: The following items can be paid by PO, FPO, pre-payment procedures or paid directly by Finance  Governmental Contracts: Usage of other City resources, such as Environmental Services for parking lot improvements, may be exempt from bidding practices, unless competition is desired;  Resale: Items for resale, such as those being marketed by an enterprise function, shall be exempt from bid requirements;  Copyrighted Materials: The purchase of educational tests, textbooks, printed instructional materials, films, filmstrips, videotapes, disk or tape recording or similar licensed or copyrighted audio-visual materials and computer software, periodicals, and other copyrighted materials are exempt from competitive solicitation requirements. This exception applies when purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or a recognized educational institution;  Acquisition of Real Property, such as land, easements, rights-of-way, existing buildings, structures, or improvements, resulting from negotiations and approved by the City Council;  Court-ordered fines and judgments, resulting from litigation;  Exceptional disbursement as authorized by the City Council;  Court-ordered fees, resulting from the judicial process, processed by the Clerk of the Court, and recorded against the budget for such fees;  Cash transfers and investment transactions for fiscal management purposes, recorded against general ledger accounts;  Accrued or current liabilities already charged against the budget, recorded against general ledger accounts;  Debt service payments charged against budgetary accounts as authorized by the City Council;  Postage or other delivery services; Formatted: Font: 12 pt Formatted: Normal (Web), Justified Formatted: Font: (Default) Arial, 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: 12 pt  Utility refunds;  Employee deduction;  State or County license and permit renewals;  Auto Tags;  Refunds of current or prior year revenues charged against budgetary accounts;  Grant disbursements to federal, state, or local government agencies, or to private groups or agencies;  Insurance including but not limited to liability, property, medical, and workers compensation insurance or payments from any loss fund established for such purpose;  Dues and memberships in trade or professional organizations, subscriptions for periodicals, advertisements, copyrighted material, part-time, authorized hospitality expenses, and fees and costs of job-related travel, seminars, tuition registration and training as allowed by the City budget;  Legal services, expert witnesses, court reporter services, and all other related expenses of claims and/or litigation;  Consultant Services, other than those regulated by § 287.055, Fla. Stat.;  Title insurance, title commitments, title searches, and ownership and encumbrance searches; and  Transactions by Inter-local Agreement. SECTION XVI PURCHASING CARD PURPOSE: The purchasing card program is a delegation of procurement authority by the Finance Department to the Departments. Each Department Head must control the proper use of his or her Department’s cards. PURCHASING CARD ADMINISTRATION: Each Department Head shall determine who in their Department should have a City purchase card. The “Purchase Card Form” is used to apply for a purchase card. The application must be completely filled out and signed by the appropriate Department Head. Requests that exceed any of the established “Cardholder Controls” must have the City Manager’s approval. New cardholders will receive training and must sign a “Cardholder Agreement” signifying they understand and accept the responsibility associated with the purchase card. 1. MAKING CHANGES TO THE PURCHASING CARD: The “Purchase Card Form” is also used to make changes to the purchas ing card. Any changes to “Cardholder Controls” will require the Department Head’s signature approval. Any change to “Cardholder Controls” that exceed the established amounts must have the City Manager or designee’s signature of approval. Changes to fields other than “Cardholder Controls” can be made with only the cardholder’s and the approving official’s signatures. Formatted: None, Tab stops: 0.5", Left 2.TRANSFERING THE CARD BETWEEN DEPARTMENTS: The purchasing card can be transferred from one Department to another with the receiving Department Manager or Department Head’s approval. If an employee moves to a new Department, the losing Department is required to notify the Finance Department of the transfer by email. The Finance Department will verify approval of the card transfer with the receiving department. Once approval is received the card will be moved to the receiving department’s group. 3.LOSING THE CARD ACCOUNT: If an employee leaves the City or no longer requires a card, the Department Head is responsible for collecting the purchasing card. The card should be cut in half once and submitted to the Finance Department along with the “Purchase Card Form” marked to close the account. The Finance Department will contact the issuing Bank to close the account. If the card cannot be collected from the terminated employee, treat the card as a “Lost or Stolen” card and follow those procedures. 4.LOST OR STOLEN CARDS: If a card is lost or stolen, immediately notify the issuing Bank and the Finance Department. The cardholder must also notify his approving official. CARDHOLDER SPENDING LIMITS: 1. (1) The delegation of purchasing authority that the card provides to each cardholder sets the maximum dollar credit limit amount per month. Each time a cardholder makes a purchase with the card, the limit will be checked, and the authorization request will be declined should the purchase amount exceed the available credit amount. The maximum credit limit amount is set at $10,000 and cannot be exceeded without the approval of the City Manager or designee. Each cardholder’s credit limit is recommended by the cardholder’s supervisor on the “Purchase Card Request Form” and must be approved by the cardholder’s Department Head and by the Purchasing Card Program Administrator. Requests for a credit limit exceeding $10,000 must be justified in writing and approved by the City Manager or designee prior to submission to the Finance Department. 2. (2) The City’s single transaction limit for goods is set at $5,000. Single item purchases exceeding $1,000 but under $5,000, are allowed with supporting documentation. 3. (3) The single transaction purchase limit is defined as the total transaction dollar limit for a single transaction. The maximum single purchase limit is set at $5,000 and cannot be exceeded without prior coordination with the Finance Department and approved by the Finance Director. Each cardholder’s single purchase limit is recommended by the cardholder’s supervisor on the “Purchase Card Request Form” and must be approved by the cardholder’s Department Head and by the Finance Department Administrator (or designee). Finance in conjunction with the Department may change the single transaction limit based on operation. Requests for a single purchase limit exceeding $5,000 must be justified in Formatted: Font: Bold, All caps Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" writing and approved by the City Manager prior to submission to the Finance Department. 4. (4) The City’s Emergency Operation Center will designate personnel involved during declared emergency. Limits of designated cardholders will be increased as necessary for recovery efforts. The maximum credit limit amount is set at $250,000. Purchases made with emergency purchase cards must follow emergency purchasing procedures. 5. (5) The Finance Department may use the P-Card as a payment method to pay for any invoice ,. in any amount. Any payment over $50,000 will require the City Manager’s prior approval. 6. (6) Fleet may exceed single transaction limits of $5,000 on sole source/standardized items related to Fleet Maintenance items only, with supporting documentation. PURCHASING CARD USE: 1. (1) The purchasing card is to be used for CITY PURPOSES ONLY. The purchasing card may be used for all legitimate City purchases unless specifically prohibited in this section. The City is exempt from paying sales tax. 2. (2) The purchasing card has the cardholder’s name embossed on it and is to be used only by that cardholder only. No other person is authorized to use the card. 3. (3) Each transaction may be comprised of multiple items, but each item(s) cannot exceed the single item purchase dollar limit. Purchases will be denied if the authorized monthly purchase limit, the single purchase limit, or the daily transaction limit is exceeded. Purchases are not to be split in order to stay within the single transaction purchase limit. 4. (4) All items purchased over the counter to be paid by using the card must be immediately available. Back ordering is not permitted. 5. (5) All items purchased by telephone order or from the Internet that will not be confirmed with a written order and will be paid by using the card must be delivered by the vendor within the thirty (30) day billing cycle. The order should not be placed without this assurance. 6. (6) The purchasing card MAY NOT be used to purchase fuel, oil, personal items, telephone calls, or items listed on the “Do Not Buy List” 7. (7) The purchasing card MAY be used to purchase fuel when on overnight and or out of state travel. Fuel purchase may be made Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: First line: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" only for a city owned vehicle or rental vehicle ONLY. Employee must be on designated travel status. 8. (8) The purchasing card MAY NOT be used to make cash advances or to write VISA checks. (9) (10)9. The purchasing card cannot be used to purchase like items totaling over $25,000 annually. These items should be purchased using competitive purchasing procedures. The use of the purchasing card is not intended to replace effective procurement planning which enables volume discounts. (11)10. Cardholders must follow their department’s control of funds procedures to ensure that sufficient funds are available prior to making a purchase. (12) (13)11. The least expensive item that meets the City’s basic needs should be sought PURCHASING CARD TRAINING: 1. (1) Initial Training: Each cardholder will be provided with initial training prior to issuance of the purchasing card. The training will cover the proper use and restrictions of the purchasing card. 2. (2) Annual Training: Annual training will be provided at least once per year. Annual training will be mandatory for all cardholders and all approving officials. Cardholders missing the scheduled annual training will be given an opportunity to take makeup training. Failure to accomplish mandatory annual training will result in loss of card privileges. Approving Officials who miss the scheduled annual training will be given an opportunity to makeup training. Failure to accomplish mandatory annual training will result in loss of Approving Official authority and cardholder privileges for cardholders reporting to that official. PURCHASE CARD PROGRAM INTERNAL CONTROLS: 1. (1) The Finance Director will establish automated card restrictions as allowed by the issuing bank’s software. The Finance Director or designee will establish a City account allowing access to the issuing Bank’s database. This will allow the Card Administrator to view cardholder information and statements online. 2. The Finance Department will review each statement and supporting documentation. The Finance Department will contact cardholders directly and attempt to resolve any statement discrepancy found. If unable to resolve the issue with the cardholder directly, the Finance Department will elevate the problem to the Department Head for resolution. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 1.5" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: -0.06", Left + Not at 1.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" (2) The Finance Department will review each statement and supporting documentation. The Finance Department will contact cardholders directly and attempt to resolve any statement discr epancy found. If unable to resolve the issue with the cardholder directly, the Finance Department will elevate the problem to the Department Head for resolution. 3. Any (3) Any incident of improper unauthorized use of the card or non-compliance to City policy shall be immediately reported to the Personnel Director and employee Department Director. PURCHASE TRANSACTION DOCUMENTATION: All purchase transactions fall into one of two categories; face to face (i.e., over the counter) or remote (i.e., telephone, internet or fax). a) FACE-TO-FACE: The cardholder should get a receipt for any face-to-face transaction. The receipt serves to document both the order and receipt of goods/supplies. b) REMOTE: The cardholder must document the order when it is placed. Items purchased by telephone should be documented by keeping a log of orders (a phone log). A log entry is not required if the order is documented some other way, such as a fax back confirmation or a web page printout. When the goods are received, the packing slip must be matched to the log (or confirmation) showing the order. PREPARING TRANSACTIONS FOR PAYMENT: Transactions must be reviewed, substantiated, approved in the Online System and transaction documentation submitted to Finance for payment within five days of receipt. a) REVIEW: The cardholder shall review the transaction for correctness. Ensure all charges are legitimate and no sales tax was charged. b) SUBSTANTIATE: Each transaction should be documented with a receipt. Provide account numbers for each transaction in the City’s system. Print documentation from the City’s system and attach to transaction receipts and submit to Finance. c) APPROVE: The approving Director or designee (usually the cardholder’s immediate supervisor) or designee shall review each transaction and check all documentation. Any errors, sales tax issues or questionable purchases must be resolved before submitting to Finance. The Approving Official’s review of transaction certifies all transactions as legitimate expenditures of City funds. d) MISSING DOCUMENTATION: The cardholder is responsible for providing required documentation. If a receipt is lost, attempt to obtain a duplicate. If a duplicate cannot be obtained, prepare a statement that includes all the information normally found on the receipt and a brief explanation for the lost documentation. Continual abuse may result in loss of the card and Formatted: Indent: Left: 0.5", First line: 0" Formatted: None, Tab stops: 0.06", List tab + Not at 0" Formatted: Indent: Left: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.31", Left disciplinary action. e)DISPUTED CHARGES: If the cardholder questions a charge on the statement, the cardholder shall contact the vendor directly and attempt to reach resolution. If the cardholder reaches an agreement with the vendor, there is no dispute. If the vendor refuses to acknowledge the error or will not issue a credit, the cardholder must fill out the issuing bank’s “Purchase Card Disputed Charge Form” and send it to the Finance Department. The bank will then adjudicate the disputed charge. “DO NOT BUY LIST” The following items may not be bought using the purchasing card. A requisition and purchase order must be used. Telephone calls Cash advances Personal items (i.e., items for your own use) *IT will purchase any computer related equipment or equipment that interfaces with City computers. Exception to using the Purchasing Card for computer related equipment or software purchases are made by MIS to support operational requirements. SECTION XVII VENDOR COMPLAINTS AND DISPUTES (PROTESTS) PURPOSE: The City of Edgewater encourages prompt and fair handling of all complaints and disputes with the business community. In an effort to resolve disputed matters in an equitable manner, without fear of retribution on the part of the vendor, the following procedures are adopted: DEFINITION: A formal objection or disapproval issued by a vendor. PROCEDURE: The Finance Director or his/her representative shall post a tabulation of competitive sealed bids/quotes along with the intended award recommendations on the City’s bidding services website. All awards under $10,000 will not be subject to protest. For awards of $10,000 or greater, only rejected bidders or quoters who were the apparent lowest bidder/quoter and the second apparent lowest bidder or quoter shall have standing to protest a rejection of the bid, quote or contract award, respectively. All proposers responding to a RFP may protest the proposal selection. Pursuant to Florida Administrative Code, Chapter 120, any person allegedly adversely affected by the decision or intended decision of award must file a written notice of protest with the Finance Department within 72 hours after posting of the bid tabulation or after receipt of notice by the City of intended award. The nature of protest must be followed within 10 days of filing, by a formal written notice fully detailing all elements, which promulgated the protest. This notice must be delivered to the Finance Director or his/her representative and must contain the bid/quote/proposal number and the nature of the complaint. After notice is provided, the Finance Director will gather evidence and discern facts and make a recommendation to the City Manager. The City Manager will present his recommendations to the governing body that will make the final decision on the matter. All decisions of the governing body are final. Failure to observe any or all of the above procedures shall constitute a waiver of the right to protest a contract award. In the event of a timely protest, the procurement shall be halted unless the City determines award of a contract without delay is necessary to protect the interests of the City. In the event an award is needed without delay, the City Manager’s findings shall constitute final administrative action. SECTION XVIII CAPITAL ASSET TRACKING PURPOSE: Capital asset control entails tracking, compiling and maintaining an inventory of capital assets to control losses due to negligence or theft, to provide a basis for insurance claims and identify surpluses. Capital asset records are set up to comply with Florida Statute 274. DEFINITION: Capital assets are tangible items (e.g. land, buildings, building improvements, vehicles, machinery, equipment and infrastructure) or intangible items (e.g. easements, water rights) with original cost or value of $5,000 or more, with an estimated useful life of at least one (1) year following the date of acquisition. Capitalization thresholds are to be applied to individual items rather than groups of similar items (e.g. desks and tables), unless the effect of doing so would be to eliminate a significant portion of total capital assets. PROCEDURES: The Finance Department will coordinate the maintenance of the City’s Capital Assets Database. Purchasing will provide copies of each purchase order that contains a purchase of a Capital Asset to the appropriate Accounting personnel. The ordering (receiving) Department must notify the Finance Department when an item is received so proper identification may be affixed, and records can be updated. All Capital Asset equipment is assigned a permanent City of Edgewater identification number, and is physically tagged or otherwise marked by the Finance Department. Records are entered and maintained for each item, and include the following information: Capital Asset Item Number Item Description Serial Number Make and Model  Account Number  Location and Custodian  Payment Information: Vendor name, P.O. Number and Date of purchase  Purchase Price  Date of Last Inventory The copy of the purchase order provides much of the above information. Additional information is obtained upon physical tagging of the equi pment and through communication with the vendor and the Department. Finance is responsible for taking a biennial Inventory of property in their custody. The Capital Asset Property Coordinator(s) will distribute an inventory list to each Department biennially. This biennial inventory will validate all items and any item unaccounted for will require a Missing, Lost or Stolen Form to remove the item from inventory. The biennial inventory shall be compared with the property record, and all discrepancies shall be traced and reconciled. The results of the biennial inventory will be provided to the Finance Director in an executive summary format. SURPLUSING OF CAPITAL ASSETS: All capital assets that are obsolete, excess, or no longer needed by the owning Department/ are to be reported to the Finance Department for disposition. All items must be listed on a Request to Transfer/Declare Surplus form and submitted to the Finance Department. The Finance Department is responsible for approving the disposition of the capital assets. If the item is a transfer between Departments, the Request to Transfer/Declare Surplus Form requires both the transferring and receiving Department Director’s signatures. The Capital Asset Coordinator will verify ownership, description, and identification number of the equipment on the form and approve the transfer or surplus of the item. Upon approval, a copy of the form will be provided to Finance to update the computerized inventory. The Management Information Services Division must approve the transfer of information technology equipment. DISPOSITION OF PROPERTY: Non-capital items such as broken chairs, tables, calculators, desk accessories, books, tools, which are considered as “junk”, may be disposed of via the landfill or trash by the individual department(s). Capital Assets that have identification numbers can be disposed of as follows: 1) Assets with no salvage value: Transfer/Declare Surplus form addressed to the Finance Department, signed by the Department Director and containing the identification number, description, condition and recommended disposal method (i.e. landfill disposal) of each piece of equipment. Once approved, the requesting Department must dispose of property locally. 2) Property with salvage value: Disposal must be in accordance with Florida Statute 273, after the Department has screened to see if another Department can use the Property. 3) The Finance Department will prepare the list of disposal equipment, which will be part of the City Manager’s report to ensure that the list is recorded in the minutes of the City. SECTION XIX RECEIPT OF GOODS AND MATERIALS PURPOSE: Receiving of goods and materials confirms that the products received meet the purpose of procurement as intended. DEFINITION: The business function that is responsible for verifying that the goods received are the goods that the organization ordered. This involves inspecting and accepting incoming shipments. USER (ORDERING) DEPARTMENT The department is charged with the responsibility of inspecting all supplies to determine quality, quantity and conformance with specifications and the purchase order. The Finance Department shall have the authority to question, examine, or test the quality of materials requested or received by the department. PROCEDURE IN DEPARTMENTS Upon receipt of materials and after inspecting and/or testing, the department shall receive the item in the on-line system receipt-processing module. Any variation in quantity shall be noted on the system. If the quantity does not agree with the supplier's delivery ticket, the department shall notify the vendor of the discrepancy. If the materials delivered are not in conformance with specifications and are not acceptable by the department, they shall notify the vendor and file a complaint with the Finance Department by using the evaluation form and citing the reasons for withholding acceptance. The Finance Department will take immediate action to require replacement by the supplier or otherwise take action to supply the department with the needed materials. SECTION XX INVOICES PURPOSE: An invoice provides evidence of the purchase of goods and services and should include adequate detail to meet audit objectives. DEFINITION: An invoice is a document that itemizes charges for the purchase of supplies, materials, equipment or services that have been furnished. It is how the supplier informs the City of its obligations and should contain the same basic information as the purchase order. WHAT AN INVOICE SHOULD CONTAIN Purchase order number Date of order (if possible) Date of delivery Terms of payment (2% - 10 days, Net 30 days, etc.) Itemized list of materials or services rendered Delivery destination Quantities, prices, (both unit and total), terms and any other charges contained in the purchase order Delivery, freight charges, cartage and demurrage charges should be listed separately from the materials and supplies. Invoices should be submitted to the Finance Department. WHO RECEIVES INVOICES The purchase order details the remittance address for submittal of invoices. The Finance Department shall match the invoice with the on-line receipt. The Finance Department, after checking and reviewing the invoice, will prepare a voucher for payment. All invoices are to be charged to the City of Edgewater and shall be forwarded to the Finance Department. If received by the department, the original invoice must be forwarded to the Finance Department after proper receiving has been accomplished on the on-line system. The Department Director or designee shall approve each invoice that is sent to the Finance Department. Approval limits will be based on signature authorization cards as approved by the Director. The Finance Director or designee may grant certain exceptions as to the requirement for payment without an original invoice. The City does not accept two party invoices. SECTION XXI VENDOR EVALUATION PURPOSE: Vendor performance measurement is crucial to keeping good suppliers and terminating business relations with poor suppliers. DEFINITION: The Vendor Evaluation Form should be utilized to inform the Finance Department of excellent service provision, including services performed beyond the requirements or to report any difficulties due to poor service, poor performance, poor quality, or materials not meeting specification requirements. This shall not be utilized as an expediting tool. HOW TO PREPARE A properly prepared Vendor Compliment and Complaint Form must contain the following information: Date Vendor name, address, and phone number Department and contact person Purchase order number Department Director signature Brief statement of exactly what level of service provided the vendor’s performance of the services, or what the problem is, and why the product or service is unacceptable. All available documentation shall be attached DISTRIBUTION The Vendor Evaluation Form shall be forwarded to the Finance Department. Finance Department will send a copy to the vendor for their response. GENERAL INFORMATION The department shall be notified as to the vendor's response and any action to be taken by the Finance Department. SECTION XXII CONFLICTS OF INTEREST PURPOSE: The City wishes to minimize conflicts of interests. Therefore, the following will be adhered to: No official or employee of the City, or member of the City Council shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: Any member of his or her immediate family, His or her business or personal partner, or An organization, which employs, or is about to employ, any of the above has a financial or other interest in the firm selected or considered for award. No official or employee of the City, or member of the City Council shall either solicit or accept gratuities, favors, or anything of monetary value exceeding $25 from contractors, potential contractors, or parties to sub- agreements. Violations of these standards of conduct may result in disciplinary action as set forth in Chapter 113, Part III, Florida Administrative Code provided that such disciplinary action does not conflict with the jurisdiction of the State of Florida Commission on Ethics. SECTION XXIII PROCEDURES FOR FEDERALLY FUNDED PROJECTS 1.All federally funded projects will be advertised a minimum of three weeks. 2.When establishing a contract time for all federally funded projects, the guidelines established in Exhibit “A” shall be followed. Contract time extensions shall be subject to the concurrence of the FDOT Division Administrator and will be considered in determining the amount of Federal participation. Contract time extensions submitted for approval to the FDOT Division Administrator shall be fully justified and adequately documented. 3.Two engineering estimates (at 60% and 100% submittals) will be completed for each project. Unit price cost for each item will be utilized (when possible) and will utilize local contractor pricing. The 100% submittal will be certified by the responsible Professional Engineer. 4.The City of Edgewater will comply with 23 CFR 635.413 as shown in Exhibit “B” on all federally funded projects. The warranty will begin the day after substantial completion is awarded. 5.Federal guidelines will be followed for the fair, open and competitive selection of qualified consultants (Professional Services) in accordance the Brooks Act, Section 40 USC 1101-1104 as shown in Exhibit “C”. 6.LAP Simplified Acquisition and Small Purchase Process shall be in accordance with the LAP manual which outlines the current limits which indicate this process may be used if the construction project is less than $325,000 and the total contract amount for the professional service(s) is less than $150,000. 7.For federal-aid contracts, a small locality presence criterion of no more than 10 percent may be used. This criterion cannot be based on political boundaries and should be used on a project-by-project basis for projects where a need has been established. If a firm currently outside the locality criteria indicates as part of its proposal that it will satisfy the criteria in some manner, such as establishing a local project office, it should be considered to have met the locality criteria. The LAP Manual can be viewed by logging on to: http://www.dot.state.fl.us/projectmanagementoffice/LAP/LAP_TOC.shtm 8.There is no DBE/MBE preference for federally funded projects. While the use of DBE/MBE consultants is encouraged, there should be not be any DBE/MBE preference selection criteria in the selection process. 9.The City has issued a policy statement which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the City’s organization and to the general public. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Such information shall be published where appropriate in languages other than English 8. 9.10. The LAP Manual specifically addresses that no fewer than three firms are to be shortlisted to submit proposals. 10.11. In the event a bid is not read out loud, the name of the bidder and reason will publically announced at the letting. SECTION XXIIV PURCHASING POLICY ADOPTION The Purchasing Policy shall be adopted by City resolution. The Finance Director and Department Directors shall review the Policy annually and submit recommendations to the City Manager for review and approval. If a change in the Policy is recommended for approval by the City Manager, the Finance Director will prepare the necessary report to Council. Formatted: Font: 12 pt Formatted: Font color: Auto, Not Highlight Formatted: Justified Formatted: Font: 12 pt Approved by the City Council of the City of Edgewater at a meeting held on the 17th 3rd day of August October 2015 2016 under Agenda Item 8-i___. Resolution No. 20152016-R-2733 Formatted: Indent: Left: 3.5" EXHIBIT “A” FLORIDA DEPARTMENT OF TRANSPORTATION GUIDELINE FOR ESTABLISHING CONSTRUCTION CONTRACT DURATION July 2010 Formatted: Font: 12 pt, Not Italic Formatted: Centered Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Italic Formatted: Font: 12 pt Formatted: Centered 2 of 13 DISCLAIMER: The following documentation as a whole was derived from Federal Highway Administration’s Guide for Construction Contract Time Determination Procedures (TA 5080.15 dated 10/15/02) Purpose To provide guidelines for determining contract time for construction projects. Authority Sections 334.044(2) and 337.18, Florida Statutes Background A. Contract time is the maximum time allowed in the contract for completion of all work contained in the contract documents. Contract time often arises as an issue when there is too much time or too little time given in the contract. If too much time is allowed then the traveling public is being inconvenienced and the contractor does not appear to be aggressively pursuing the work. There may be a number of reasons for a project to appear dormant, such as weather limitations, concrete curing times, materials arriving late, etc. However, all too often the causes are traceable to excessive time originally established by the scheduling engineer to complete the project or poor contractor scheduling of construction operations. If not enough time is allowed then the contractor will submit claims for added cost and time to the contract. B. In many instances, the duration of highway construction projects is more critical today than it was in the past. Several of the reasons are listed below: 1. There are an increasing number of resurfacing, restoration, and rehabilitation type projects being constructed under traffic, resulting in an increase in the exposure of construction workers and motorists. 2. Traffic volumes on most highways are significantly greater and are continuing to increase, thereby creating a greater impact on the motoring public in both safety considerations and cost. 3. Proper selection of contract time allows for optimization of construction engineering costs and other resources. C. In addressing the need for completing critical construction projects where it is important to minimize traffic inconvenience and delay, many States have applied non- traditional contracting methods such as Bonuses and Incentive/Disincentive specifications for early completion. 3 of 13 Elements in Determining Contract Time A. The application of written procedures for determining contract time is important so that production rates and other considerations are applied uniformly throughout the State. This document should be used in conjunction with the procedures in the Construction Project Administration Manual (CPAM), Section 1.2 addresses how to classify projects based upon appropriate factors such as high traffic volumes, projects with incentive/disincentive clauses, etc. Experience and judgment should be used in the final determination for which projects are critical. These procedures also address the importance of geographical and weather differences throughout the State, which could affect contractor productivity rates. The fact that some types of work can or cannot be undertaken during certain times of the year should also be addressed. Where applicable, the affect of working under traffic also needs to be considered such as lane closure restrictions, holidays and special events. B. The reasonableness of the contract time included in contracts is important. If time is insufficient, bid prices may be higher and there may be an unusual number of time overruns and contractor claims. Contractors should be provided the ability to schedule work to maximize equipment and labor, and if contract time is too short, these efficiencies are more difficult to obtain resulting in higher prices. If the time allowed is excessive, there may be cost inefficiencies by both the Department and the contractor. The public may be inconvenienced unnecessarily and subjected to traveling on a roadway where safety is less than desirable for an extended period of time. In establishing contract time, the scheduling engineer should strive for the shortest practical traffic interruptions to the road user. If the time set is such that all work on a project may be stopped for an extended period (such as scheduled events) and the contractor can still complete the project on schedule, it means the contract time allowed was excessive. C. For most projects the essential elements in determining contract time include: (1) establishing production rates for each controlling item; (2) adopting production rates to a particular project; (3) understanding potential factors such as business closures, environmental constraints: and (4) computation of contract time with a progress schedule. Establishing Production Rates A. A production rate is the quantity produced or constructed over a specified time period. Estimating realistic production rates is important when determining appropriate contract completion time. Production rates may vary considerably depending on project size, geographic location, and rural or urban setting, even for the same item of work. Production rate ranges should be established in the State's written procedures based on project type (grading, structures, etc.), size, and location for controlling items of work. 4 of 13 B. In establishing production rates to be used for determining contract time, an accurate database should be established by using normal historical rates of efficient contractors. One method of establishing production rates is to divide the total quantity of an item on previously completed projects by the number of days/hours the contractor used to complete the item. Production rates based upon eight-hour crew days or per piece of equipment are recommended. Production rates developed by reviewing total quantities and total time are not recommended as they may result in misleading rates which tend to be low since they may include startup, cleanup, interruptions, etc. C. The most accurate data will be obtained from site visits or review of project records (i.e., field diaries and other construction documents) where the contractor's progress is clearly documented based on work effort, including work crew make up, during a particular time frame. A data file based on three to five years of historical data (time, weather, production rates, etc.) should be maintained. D. The production rates used should be based on the desired level of resource commitment (labor, equipment, etc.) deemed practical given the physical limitations of the project. Representatives of the construction industry are also usually willing to assist in developing rates and time schedules. Rates should be updated regularly to assure they accurately represent the statistical average rate of production in the area. E. Some jurisdictions apply production rate data taken from some of the published rate guides. This data may be useful as guidance; however, the relationship of these production rates to actual highway construction projects may be difficult to correlate. OTHER FACTORS WHICH INFLUENCE CONTRACT TIME A. In addition to production rates, the following items should be considered when determining contract time: 1. Effects of maintenance of traffic requirements on scheduling and the sequence of operations; 2. Curing time and waiting periods between successive paving courses or between concrete placement operations, as well as specified embankment settlement periods; 3. Seasonal limitations for certain items when determining both the number of days the contractor will be able to work as well as production rates; 4. Conflicting operations of adjacent projects, both public and private; 5 of 13 5. Time for reviewing false-work plans, shop drawings, post-tensioning plans, mix designs, etc.; 6. Time for fabrication of structural steel and other specialty items; 7. Coordination with utilities; 8. Time to obtain necessary permits; 9. The effect of permitting conditions and/or restrictions; 10. Restrictions for nighttime and weekend operations; 11. Time of the year of the letting as well as duration of the project; 12. Additional time for obtaining specialty items or materials with long-lead requirements; 13. Other pertinent items as determined by the Scheduling Engineer. In setting contract time it is recommended that the time is based on production rates per hour or per day on a working day basis, a conversion factor of 1.4 should be used and non work days should not be programmed into the scheduling software. If non-working days are calculated into the schedule such as holidays, keep in mind when granting day for day time. Adapting Production Rates to a Particular Project A. Before time durations for individual work items can be computed, certain project specific information should be determined and some management decisions made. The relative urgency for the completion of a proposed project should be determined. The traffic volumes affected as well as the effect of detours should be analyzed. The size and location of the project should be reviewed, in addition to the effects of staging, working double shifts, nighttime operations, and restrictions on closing lanes. The availability of material for controlling items of work should be investigated. For example, it might be appropriate to consider the need for multiple crews on a specific item to expedite the completion when there are exceptionally large quantities or when there is a large impact on traffic. B. Procedures to accelerate project completion should be considered when construction will affect traffic substantially or when project completion is crucial. This is especially important in urban areas with high traffic volumes. When accelerating contract time for time sensitive projects, production rates should be based on an efficient contractor wo rking more than eight hours per day, more than five days per week and possibly with additional workers. The development 6 of 13 and application of a separate set of production rates for critical projects is recommended. Computation of Contract Time - Develop a Progress Schedule A. The contract time for most construction projects can be determined by developing a progress schedule. A progress schedule shows the production durations associated with the chosen production rates for the items of work. The time to complete each controlling item of work included in the progress schedule is computed based on the production rates applicable to that project. Items should be arranged by chronological sequence of construction operations. Minor items that may be performed concurrently should be shown as parallel activities. B. In determining a progress schedule it should be remembered that the start and end dates for each controlling item need to be based on the earliest date for which work on that item will begin and how long it will take to complete. The earliest start date for each activity will be determined by the completion of preceding activities, and should allow for the fact that some activities can begin before the preceding activity is entirely completed. Additional time should be also allowed in the contract for initial mobilization. Contract Time Determination Techniques Contract time determination techniques generally fall into the categories of bar charts and critical path techniques. These techniques are described below: A. Bar Charts 1. Bar charts or Gantt charts are graphical representations of projects with specific completion dates and activities. Bars or lines are drawn proportional to the planned duration of each activity. 2. A brief description of the procedure used to develop a bar chart to determine contract time is as follows: a. The first step in developing a bar chart is to break a project down into separate activities or operations necessary for project completion. b. Once all the activities necessary to complete a project have been listed, the duration and completion date of each activity needs to be determined based on production rates. c. With this data established, the bar chart can be prepared. A line or bar is drawn on the chart showing the time when work will be performed for each activity. The resulting diagram will represent a 7 of 13 project, showing when each activity will be undertaken and completed. d. With bar charts, the progress of a project may be monitored for each activity by drawing a bar or line below the original scheduled performance to show the actual duration for each activity as it is completed. 3. Bar charts are advantageous in that they are simple to develop and easy to understand, and they offer a good method of determining contract time. Some disadvantages are that they do not show the interrelationship and inter- dependency among the various phases of work. Bar charts are difficult to properly evaluate when construction changes occur. Also, controlling items are shown in the same manner as minor items, thus making it more difficult to determine which items actually control the overall time progress of the project. The use of bar charts are not recommended for contract administration and project management of large or complex construction projects. C. Critical Path Method (CPM) The Critical Path Method (CPM) focuses on the relationship of the critical activities, specifically, those which must be completed before other activities are started. Working from the project's beginning and defining individual project tasks and the number of days to perform each task, a logical diagrammatic representation of the project is developed. A CPM depicts which tasks of a project will change the completion date if they are not completed on time. The evaluation of critical tasks allows for the determination of the time to complete projects. Because of the size and complexity of most projects, this method is most often applied using a computer software program. Within the CPM software, the ability to use a Program Evaluation Review Technique (PERT) provides a breakdown of each activity to boxes. This enables the user to view the connection of relationships to each activity. CPM software also has the ability to display the contract time in a bar chart view as well. 1. The first step in applying the CPM method is to break a project down into separate tasks or operations necessary for project completion. Each of these separate operations or processes is called an activity. The completion of an activity is called an event. 2. Once all the activities necessary to complete a project have been listed, the relationship of these activities to one another needs to be determined. In some instances, several activities can be undertaken concurrently, and at other times, certain activities cannot be undertaken until others have been completed. Generally, when determining the sequence of operations, some questions need to be asked such as: "What needs to be 8 of 13 done before proceeding with this activity" or "what can be done concurrently?" Every activity has a definite event to mark its relationship with others with respect to completing a task. 3. In working with this procedure, a diagrammatic representation of the project is developed showing the correct sequence and relationship of activities and events. Each activity is shown as an arrow leading to a node, which indicates the completion of an event or the passage of time. The start of all activities leaving a node depends on the completion of all activities entering a node. Therefore, the event represented by any node is not achieved until all activities leading to the node have been completed. The resulting diagram will be a schematic representation of a project, showing all the relevant activities and events in correct sequence. 4. An actual time can be set to each activity based on production rates and other appropriate factors. The time to complete each activity is then shown on each arrow to indicate the duration. The "early start" for each activity is the earliest point in time that an activity can start, provided that all activities before it have finished. This is not necessarily the point in time that it will start; however, it is the earliest time that it can start. The "early finish" for an activity is merely the duration of the activity after its early start. As is the case with the "early start," this is not necessarily the point in time that the work represented by the activity will be over, but is the earliest point in time that it can occur. A "finish" date in CPM is the first day after the physical completion of the activity. The completion time of a project is the sum of the longest time path leading to completion of the project. 5. The optimum time and cost for performing the project can be evaluated by assigning resources i.e. equipment, labor hours, and materials to each activity. The diagrammatic representation of the project then provides a means to evaluate the costs incurred with respect to the completion of specified activities. 6. Advantages of using the CPM include:  It is an accurate technique for determining contract time and verifying that the project can be constructed as designed and with identified construction sequences;  It is a useful tool for project managers in monitoring a project, especially when dealing with relationships of work items with respect to time; and  Activities responsible for delays can be identified and corrective measures to keep a project on schedule can be determined. 9 of 13 7. Disadvantages of using the CPM include:  The CPM requires experienced and knowledgeable staff to be used effectively;  They require regular updates to assure that the contractor's operation is accurately represented. Other Project Considerations Construction time on certain projects such as lighting or signalization may be governed by the long lead-time necessary to obtain materials. To minimize traffic disruption, the contract may specify a completion date several months after the notice to proceed, but the contractor should be limited to a relatively short on-site time. This may be accomplished by including in the contract a "conditional notice to proceed" clause which would allow a specified amount of time to purchase and assemble materials followed by issuance of a full work order which would be issued upon expiration of the assembly period or sooner, upon the contractor's request. Delayed or flexible notice-to-proceed dates may be appropriate for certain projects where the ultimate completion date is not critical. The contracting agency may wish to provide a notice-to-proceed window in order to increase the probability of a competitive bid where only a limited number of contractors are available to perform the work. Such projects may include:  Projects that consist of specialized work (seal coats, highway planting, pavement grooving or bridge painting) where a large number of these projects are being advertised within a short time period;  Projects with a very limited number of working days;  Building projects. This allows the contractor to schedule this contract with consideration of other work he/she may have in the same paving season. Net benefits include lower project inspection cost and a minimal disruption to traffic. An option that may be applicable to some projects is dividing a project into phases with each phase having its own completion date. This may be applicable when coordinating with other projects or activities in the area in order to meet tight deadlines. 10 of 13 BASIS OF PRODUCTION RATES: The production rates shown are divided into 3 categories: low, average and high. The low rate is typically used on projects where there are large numbers of intersections, driveways, high congested traffic and a large number of existing utilities which may interfere with the proposed construction. The average rate is typically used in projects where there are minimum existing utilities, low to medium traffic volume/congestion with minimal intersections and driveways. The high rate is typically used on rural and limited access facilities. SCOPE OF WORK DEFINITIONS: R.O.W. Preparation: Clearing and grubbing (Acres): The removal of top soil, trees, minor physical objects and other vegetation from the construction site using mechanical equipment. Excavation (C.Y.): The removal and transporting of in situ soils on the construction site using mechanical equipment. Embankment (C.Y.): The placing and compaction of soil on the construction site using mechanical equipment. Drainage Structures/Storm Sewers: Storm Sewers (L.F.): The excavation, installation, and backfilling of drainage or sewer pipes including structures. Box Culverts (C.Y.): The excavation, forming, reinforcing, pouring, finishing, stripping, and backfilling of cast in place concrete box culverts on the construction site. If using pre-cast units, then the units should be changed to L.F. and appropriate production rates substituted. Inlets & manholes (Each): The installation of pre-manufactured inlets manholes for drainage or sewer systems. Time is included in Pipe. Bridge Structures: (Note: The production rates on several items appear low since they must include time for the total scope of activities necessary to complete an item.) Cofferdams (S.Y.): The installation, dewatering and minor excavation associated with building a cofferdam system for a bridge construction site. Sheet Piling (S.F.): The installation of sheeting for retaining walls and deep excavations. Do not add to cofferdams. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt 11 of 13 Piling (L.F.): The installation of piling for bridge foundations. Footings (C.Y.): The layout, forming, reinforcing, placing, curing and removing forms for reinforced concrete bridge footings. Columns, Caps & Bents (C.Y.): The layout, forming, reinforcing, placing, curing and removing forms for reinforced concrete bridge columns, caps and bents. Wingwalls (S.Y.): The layout, forming, reinforcing, placing, curing and removing forms for reinforced concrete wingwalls for bridges. Bridge deck (total depth)(C.Y.): The layout, forming, reinforcing, placing, curing and removing forms for reinforced concrete bridge decks. The production rates have been set to include time for all components of the deck, including precast plank under slab, thus the full depth of the deck is used to calculate quantity. Bridge curbs/walks (L.F.): The layout, forming, reinforcing, placing, curing and removing forms for reinforced concrete bridge curbs and walkways. Bridge handrails (L.F.): The layout, forming, reinforcing, placing, curing and removing forms for cast in place reinforced concrete bridge handrails. Retaining walls (S.F.): The layout, excavation, forming, reinforcing, placing, curing and removing forms for cast in place reinforced concrete retaining walls. The time for precast proprietary wall systems in included in embankment. Base Preparations: Stabilized Roadbed (S.Y.): The placement, mixing and compaction operations involved in the stabilization of subgrade soils. Base material (S.Y.): The placement, mixing and compaction of flexible base material. Hot mix asphalt base (Ton): The laydown and compaction of hot mix asphalt concrete base course material. The production rates are taken from the graph for plant mix. Curb and gutter (L.F.): The layout and construction of new roadway curb and gutter using automated equipment or forms and hand finish. Concrete pavement repair (S.Y.): The removal and replacement of sections of unsatisfactory or failed Portland cement concrete pavement. Milling/planning (S.Y.): The removal of the surface level of existing pavements using automated milling or planning equipment. Formatted: Font: 12 pt 12 of 13 Plant mixed surfaces (Ton): The laydown and compaction of hot mix asphalt concrete surface course material. The production rate is taken from the graph for Plant Mix. Asphalt Friction Course (1 course) (Ton): The laydown and compaction of asphalt concrete friction course material. Cement Concrete paving (Rebar + curing) (S.Y.): The layout, reinforcing, placing, curing and jointing of Portland cement concrete pavement. Precast traffic barriers (L.F.): The layout and installation of precast concrete traffic barriers. If barriers are to be cast in place, then the units should be changed to C.Y. and the production rates adjusted accordingly. Permanent Signing and Traffic Signals: Small Signs (Each): The installation of small highway information and warning signs mounted on metal posts driven into soil along a highway. Overhead signs (Each): The installation of large highway information and directional signs mounted on metal frames over a highway. It is assumed that the footings and poles that support The frames are already in place. Major traffic signals (Each): The installation of automated traffic signals and their support systems at highway intersections. Pavement markings (L.F.): The application of paint or thermoplastic pavement marking materials to a highway pavement. Raised Pavement Markers (RPM) (Ea.): The application of adhesive and raise pavement markers. Seeding (S.Y.): The seeding of grasses, application of fertilizer and mulch, and cutting into soil. Final clean-up (Sta.): The removal of debris, dirt and other construction materials from a highway pavement and adjacent right of way at the end of a construction project. The time for this activity is included in “General Time”. Structure demolition (WKDAYS): The demolition and removal of the materials for large structures (multi-story buildings, retaining walls, towers underground tanks, etc.) from the right of way of new construction projects. Remove old structures (small) (WKDAYS): The demolition and removal of the materials for small structures (Single-story wood buildings, storage sheds, fences, road signs, Formatted: Font: 12 pt etc.) from the right of way of new construction projects. Time for this is included in clearing and Grubbing. Bridge demolition (WKDAYS): The demolition and removal of all materials for an existing bridge structure and related appurtenances (approaches, gates, signals, etc.). Erect temporary bridge (WKDAYS): The layout and construction of a temporary bridge structure and related appurtenances for a highway construction project. Remove temporary bridges (WKDAYS): The demolition and removal of all materials for a temporary bridges structure and related appurtenances for a highway construction project. PRODUCTION RATES The following Excel spreadsheet link is a compilation of statewide rates ranging from low to high. Although this list is extensive, it may not include a production rate relevant to a particular project. Other sources may need to be perused to achieve the required rates for a particular scope of work within that contract. Production Rates (Statewide) Formatted: Font: 12 pt Formatted: Left 14 EXHIBIT “B” 23 CFR 635.413 Code of Federal Regulations Title 23 - Highways Volume: 1 Date: 2012-04-01 Original Date: 2012-04-01 Title: Section 635.413 - Guaranty and warranty clauses. Context: Title 23 - Highways. CHAPTER I - FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER G - ENGINEERING AND TRAFFIC OPERATIONS. PART 635 - CONSTRUCTION AND MAINTENANCE. Subpart D - General Material Requirements. § 635.413 Guaranty and warranty clauses. The STD may include warranty provisions in National Highway System (NHS) construction contracts in accordance with the following: (a) Warranty provisions shall be for a specific construction product or feature. Items of maintenance not eligible for Federal participation shall not be covered. (b) All warranty requirements and subsequent revisions shall be submitted to the Division Administrator for advance approval. (c) No warranty requirement shall be approved which, in the judgment of the Division Administrator, may place an undue obligation on the contractor for items over which the contractor has no control. (d) A STD may follow its own procedures regarding the inclusion of warranty provisions in non-NHS Federal-aid contracts. (e) In the case of a design-build project, the following requirements will apply instead of paragraphs (a) through (d) of this section. (1) General project warranties may be used on NHS projects, provided: (i) The term of the warranty is short (generally one to two years); however, projects developed under a public-private agreement may include warranties that are appropriate for the term of the contract or agreement. (ii) The warranty is not the sole means of acceptance; (iii) The warranty must not include items of routine maintenance which are not eligible for Federal participation; and, Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt Formatted: Left Formatted: Font: 12 pt 14 (iv) The warranty may include the quality of workmanship, materials and other specific tasks identified in the contract. (2) Performance warranties for specific products on NHS projects may be used at the STD's discretion. If performance warranties are used, detailed performance criteria must be provided in the Request for Proposal document. (3) The STD may follow its own procedures regarding the inclusion of warranty provisions on non-NHS Federal-aid design-build contracts. (4) For best value selections, the STD may allow proposers to submit alternate warranty proposals that improve upon the warranty terms in the RFP document. Such alternate warranty proposals must be in addition to the base proposal that responds to the RFP requirements. [60 FR 44274, Aug. 25, 1995, as amended at 67 FR 75926, Dec. 10, 2002; 72 FR 45336, Aug. 14, 2007] Formatted: Left 14 EXHIBIT “C” BROOKS ACT United States Code (U.S.C.) Title 40 - Public Buildings, Property and Works Chapter 11, Section 1101 - 1104: Selection of Architects and Engineers § 1101. Policy (Formerly 40 U.S.C. § 541) The policy [of the Federal Government] is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. § 1102. Definitions (Formerly 40 U.S.C. § 542) In this chapter, the following definitions apply: 1. Agency head .- - The term "agency head" means the head of a department, agency, or bureau [of the Federal Government]. 2. Architectural and engineering services .- - The term "architectural and engineering services" means- - A. professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approv ed by a person licensed, registered, or certified to provide the services described in this paragraph; B. professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and C. other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. 3. Firm .- - The term "firm" means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to pr actice the profession of architecture or engineering. § 1103. Selection procedure (Formerly 40 U.S.C. § 543) a. In general .- - These procedures apply to the procurement of architectural and engineering services by an agency head. b. Annual statements .- - The agency head shall encourage firms to submit annually a statement of qualifications and performance data. c. Evaluation .- - For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the age ncy, together with statements submitted by other firms regarding the proposed project. The Formatted: Font: 12 pt, Font color: Auto Formatted: Font color: Auto Formatted: Font: 12 pt Formatted: Justified Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt 14 agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services. d. Selection. - - From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head. § 1104. Negotiation of contract (Formerly 40 U.S.C. § 544) a. In general .- - The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered. b. Order of negotiation .- - The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-1748,Version:1 COUNCIL AGENDA ITEM SUBJECT: Recreation &Cultural Services Board -Councilwoman Bennington’s appointment due to resignation of Debra Sopko. DEPARTMENT: Leisure Services SUMMARY: Due to the resignation of Mrs.Debra Sopko from the Recreation and Cultural Services Board,applications for a new Member were reviewed and discussed at the Board Meeting on April 14,2016.The Board recommends appointing Mr.Glen Powers.This recommendation went before council during the September 19,2016 Council meeting and was continued until October 3rd to be reconsidered. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to appoint Mr. Glen Powers to the Recreation and Cultural Services Board. City of Edgewater Printed on 9/22/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2073,Version:3 COUNCIL AGENDA ITEM SUBJECT: Citizen Code Enforcement Board -Councilman Blazi’s appointment due to the expired term of Ed Corn who is not seeking reappointment DEPARTMENT: Fire-Rescue/Code Division SUMMARY: During the September 8,2016 Citizen Code Enforcement Board meeting,the Board recommended appointing Jennifer Reynolds to replace Ed Corn who is not seeking reappointment. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to appoint Jennifer Reynolds to the Citizen Code Enforcement Board. City of Edgewater Printed on 9/22/2016Page 1 of 1 powered by Legistar™ CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive If oc.v; Edgewater,Florida 32132 cityclerk@cityofedgewater.org Phone:(386)424-2400 X 1102 FAX,(386)424-2410 ADVISORY BOARD APPLICATION Please choose the Board(s)lor which >ou wish to apply. If annlvinti for more liian tmc Board,vouf prcrcrciicc.I .yiiniher in order of vour CITV CLERK ..Animal Control Board .Library Board .Construction Board ot" Adjustments &Appeals .Firefighters Pension Board Veterans Park .Advisorv Committee [.Citizen Code F.nlbrcement Board * .Police Pension Board* .Recreation &Cultural Services Board .Planning &/.oning Board .School Scholarship Committee Veterans Park Advisory Committee j/-,|.Gpfry Members ofthe Boards with an asterisk (*)are required to file a Financial Disclosure Ibrrn within 30 days of'appointment. PERSONAL INFORMATION yjEiwSaihfi Jiflm'-gfKio I \)r-. BLisincss/Coll Phone Address ^YUH / Home Phone IZ-Maii .Address Occupation _Occupation 'Arc you aresident of lidgcwatcr?L/^•how long is your principal place ofeinployment in Hdgcwatcr? Are you currently serving on a City Board?Have you ever served on a City Board? If yes.when and which Hoard? REFERENCES -Please list three business and/or personal Name,address and phone Name,address and phone Name,address and phone EDUCATIONHigh SchoolCollegelJ/2St/<L(y\i'QCDcgrce(s).WORKEXPERIENCEOu,y^^^L/U-y^S!INTEREST/ACTIVITIESTCOMMUNITYIN\'OLVEMENTWHY DO YOUDESHHi:TOSERVEONTHIS/THESEBOARD(S)?.'/*/EXPERIENCE/QUALIFICATIONSRELATEDTO BOARD(S)APPLYINGFOR.A resumeor separatesheet withadditionalinformationmay beincludedwith yourapplication.Please returnapplication to the CityClerk'soffice.Iunderstandtheresponsibilitiesassociatedwithbeingaboardmember,and I haveadequatetime to serve ifappointed.•Applicant'^nyil^reDateOFFICEUSEONLY[)aicapplicationreceivedDateappointedto boardHoardappointedtoDateresigned from board CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive i-E.DGEWA2'ERI Edgewater, Florida 32132 ADVISORY BOARD APPLICATION cityclerk@cityofedgewater.org Phone: (386)424-2400 X 1102 FAX: (386)424-2410 Please choose the Board(s)for which you wish to apply. If applying for more than one Board,you must number in order of your preference. 0 Animal Control Board l. Citizen Code Enforcement Board * Library Board Police Pension Board* Construction Board of Recreation&Cultural Services Board Adjustments&Appeals Planning&Zoning Board Firefighters Pension Board School Scholarship Committee Veterans Park Advisory Committee Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name e. a0 (:) Q, Io Address 1Z1 ( 0 K,Ic_ Goal( Home Phone Business/Cell Phone sec- -(476q-2-LJ3(.p E-Mail Address bob rcu. I C10I . con( Occupation nu-1'I a (A. Are you a resident of Edgewater? fOb how long I Sciears Is your principal place of employment in Edgewater? Are you currently serving on a City Board? n0 Have you ever served on a City Board? n If yes, when and which Board? REFERENCES —Please list three business and/or personal 6ap) 6h i cluA 10/0D `J. kkx &e_ tep Loz-eo`74-1 Name, address and lone 38LP- x}2(0-8u4t, Dib . han r on 22 Foal rrin eve_ fts 3 -10 -3 06/1" Name, address and phone 111C \LV) 2!),(.04 IPA NiapeTAIN 1(1' 6 ep( 4,-(-\--)( 6 Name, address andp hone 1 EDUCATION High School NVOC-1 P ISh d\ Jp15rro2 College Degree(s) WORK EXPERIENCE ( . 7 fUJ- oma'fc ci INTEREST/ACTIVITIES re..Q I(1 COMMUNITY INVOLVEMENT Sno Yoh. ‘cti n RYLy- r WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? ._LfYI i n-itPaS-14 i,) Mc/ Corry-nu/07i171 EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR aValS QhiJoc4cAcclivn uok\ p'Lb c_ A resume or separate sheet with additional information may be included with your application. Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Applicant Si_' ; re Date OFFICE USE ONLY Date application received Date appointed to board Board appointed to Date resigned from board 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2094,Version:1 COUNCIL AGENDA ITEM SUBJECT: Planning and Zoning Board -Appointment due to the expired term of Pat Card, who is seeking reappointment. DEPARTMENT:Development Services/Planning & Zoning SUMMARY: Pat Card was originally appointed to the Planning &Zoning Board in 2004.His current term expired on October 1, 2016. Mr. Card has indicated that he would like to be reappointed for a three-year term. At their regular meeting of September 14,2016 the Planning and Zoning Board voted unanimously to send a favorable recommendation to City Council for the reappointment of Mr. Card to a three-year term. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to reappoint Pat Card to a three-year term on the Planning and Zoning Board,expiring on October 1, 2019. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2116,Version:1 COUNCIL AGENDA ITEM SUBJECT: ITB 16-ES-002 -US Hwy #1 and SR #442 Landscape Beautification ProjectESD DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid on August 2,2016 with the sole purpose and intent of obtaining bids from interested and qualified firms offering to provide services to complete the US Hwy #1 and SR #442 Landscape Beautification Project in accordance with the specifications stated. Two firms submitted proposals as follows: Green Construction Technologies, Inc.$1,249,413 R.J. Landscape Contractors, Inc.$815,064 The Project Manager and Purchasing Specialist reviewed the submittals for responsiveness and deemed all proposals as being responsible/responsive bidders. Per the Evaluation Criteria, award of contract shall be based on the lowest, compliant, qualified bid. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Authorize the City Manager to enter into an agreement with the lowest,compliant,qualified bidder,R.J.Landscape Contractors,Inc., for the US Hwy #1 and SR #442 Landscape Beautification Project in the amount of $815,064. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ Description Units Quantity Unit Cost Total Cost Unit Cost Total Cost ITEM (Common Name)Specification QTY.Unit Price TOTAL Unit Price TOTAL Trees Ligustrum 12'x12'54 1,200.00 64,800.00 1,400.00 75,600.00 Crape Myrtle - Lavender 65 Gal.30 600.00 18,000.00 750.00 22,500.00 Oleander - Pink 45 Gal.6 300.00 1,800.00 350.00 2,100.00 Palms Reclinata Palm 10-12' C.T.9 4,750.00 42,750.00 5,500.00 49,500.00 Carnarvon Gorge Palm 14' C.T.11 1,000.00 11,000.00 1,350.00 14,850.00 Canary Island Date Palm 12'-14' C.T.13 7,650.00 99,450.00 11,000.00 143,000.00 Canary Island Date Palm 10' C.T.8 6,500.00 52,000.00 9,500.00 76,000.00 Shrubs & Groundcovers Variegated Schefflera 7 Gal.332 25.00 8,300.00 40.00 13,280.00 Society Garlic 1 Gal.872 4.00 3,488.00 5.00 4,360.00 Shore Juniper 3 Gal.64 10.00 640.00 12.00 768.00 Bulbine 3 Gal.463 10.00 4,630.00 12.00 5,556.00 Beach Dune Sunflower 1 Gal.54 4.00 216.00 7.00 378.00 Muhly Grass 7 Gal.105 20.00 2,100.00 12.00 1,260.00 Nandina 'Firepower'3 Gal.364 10.00 3,640.00 25.00 9,100.00 Fountan Grass 7 Gal.200 20.00 4,000.00 45.00 9,000.00 Coontie 3 Gal.320 20.00 6,400.00 50.00 16,000.00 Rock CY 7 200.00 1,400.00 100.00 700.00 Steel Edging LF 700 9.00 6,300.00 20.00 14,000.00 Pensacola Bahia Sod SF 324,000 0.26 84,240.00 0.33 106,920.00 St. Augustine Sod SF 98,000 0.32 31,360.00 0.39 38,220.00 Mulch - Pine Bark CY 152 40.00 6,080.00 60.00 9,120.00 Relocation of Palms EA 18 4,000.00 750.00 13,500.00 Total of Landscaping Materials 456,594.00 625,712.00 Mobilization LS 1 19,000.00 20,000.00 20,000.00 MOT LS 1 39,000.00 36,790.00 36,790.00 Clearing & Grubbing LS 1 38,700.00 8,732.00 8,732.00 Asphalt Removal & Disposal LS 1 7,500.00 9,998.00 9,998.00 Plant Establishment LS 1 24,000.00 9,200.00 9,200.00 US #1 Medians Hunter PROS-06-PRS30-R 15 Strip Series EA 10 16.00 160.00 20.00 200.00 Hunter PROS-06-PRS30-R 15 Strip Series EA 23 16.00 368.00 20.00 460.00 Hunter PROS-06-PRS30-R 8 Series MPR EA 30 16.00 480.00 20.00 600.00 Hunter PROS-06-PRS30-R 10 Series MPR EA 31 16.00 496.00 20.00 620.00 Hunter PROS-06-PRS30-R 12 Series MPR EA 40 16.00 640.00 20.00 800.00 Hunter PROS-06-PRS30-R 15 Series MPR EA 98 16.00 1,568.00 20.00 1,960.00 Hunter PROS-06-PRS30-R 15 Series MPR EA 2 16.00 32.00 20.00 40.00 Hunter PROS-06-PRS30-R 10 Series VAN EA 1 16.00 16.00 20.00 20.00 Hunter PROS-06-PRS30-R 15 Series VAN EA 1 16.00 16.00 20.00 20.00 Hunter PROS-06-PRS30-R 12 Series MPR EA 1 16.00 16.00 20.00 20.00 Hunter PROS-06-PRS30-R 15 Series MPR EA 3 16.00 48.00 20.00 60.00 Hunter PROS-06-PRS40-R MP2000 EA 30 25.00 750.00 20.00 600.00 Hunter PROS-06-PRS40-R MP3000 EA 5 25.00 125.00 20.00 100.00 Hunter PROS-06-PRS40-R MP2000 EA 78 25.00 1,950.00 20.00 1,560.00 Hunter PROS-06-PRS40-R MP3000 EA 105 25.00 2,625.00 20.00 2,100.00 Hunter PROS-06-PRS40-R MP3000 EA 2 25.00 50.00 20.00 40.00 Hunter PCB25 Bubbler EA 80 5.00 400.00 16.00 1,280.00 Two Hunter PCB-25 Bubbler EA 13 5.00 65.00 16.00 208.00 Hunter PROS-06-PRS30-R w/Maxijet ARCHFR09H EA 11 20.00 220.00 30.00 330.00 Hunter PGP-04-CV-R 2.0 LA EA 58 20.00 1,160.00 45.00 2,610.00 Hunter PGP-04-CV-R 2.5 LA EA 231 20.00 4,620.00 45.00 10,395.00 Hunter PGP-04-CV-R 3.0 LA EA 60 20.00 1,200.00 45.00 2,700.00 Hunter PGP-04-CV-R 2.0 EA 5 20.00 100.00 45.00 225.00 Hunter PGP-04-CV-R 4.0 EA 125 20.00 2,500.00 45.00 5,625.00 Area to Receive Dripline Hunter PLD-10-12 SF 3,000 500.00 2.00 6,000.00 RJ Landscaping Greens Hunter ICV-FS 10" Purple Valve Box w/DC latching solenoid EA 55 200.00 11,000.00 300.00 16,500.00 Hunter ICV Jumbo Purple Valve Box w/DC latching solenoid EA 2 200.00 400.00 400.00 800.00 Hunter NODE-100 Install in Valve Box EA 3 200.00 600.00 270.00 810.00 Hunter NODE-400 Install in Valve Box EA 11 300.00 3,300.00 395.00 4,345.00 Hunter NODE-200 Install in Valve Box EA 10 250.00 2,500.00 350.00 3,500.00 Wilkins 975XL 1" Backflow Preventer EA 1 350.00 350.00 1,000.00 1,000.00 Point of Connection into 4" reclaimed Water Main Install 4" x 2" wet tap & Nibco T113 2" isolation valve EA 23 250.00 5,750.00 450.00 10,350.00 Future Point of Connection Install 2" Reclaimed Water Main from Median & Cap EA 1 400.00 400.00 2,790.00 2,790.00 Point of Connection 6" Potable Water Line EA 1 100.00 100.00 3,500.00 3,500.00 Point of Connection 8" Potable Water Line EA 1 100.00 100.00 4,500.00 4,500.00 Irrigation Lateral Line PVC Class 200 Purple LF 27,500 1.50 41,250.00 2.00 55,000.00 Irrigation Lateral Line PVC 2" Class 200 Purple LF 1,300 2.00 2,600.00 4.00 5,200.00 Irrigation Mainline PVC 4" Class 200 Purple LF 11,200 4.00 44,800.00 11.00 123,200.00 4" Directional Bore EA 14 3,950.00 55,300.00 9,525.00 133,350.00 SR #442 MEDIANS Hunter PROS-12-PRS30 15 Strip Series EA 4 20.00 80.00 45.00 180.00 Hunter PROS-12-PRS30 15 Strip Series EA 1 20.00 20.00 45.00 45.00 Hunter PROS-12-PRS30 8 Series MPR EA 4 20.00 80.00 45.00 180.00 Hunter PROS-12-PRS30 10 Series MPR EA 1 20.00 20.00 45.00 45.00 Hunter PROS-12-PRS30 10 Series MPR EA 1 20.00 20.00 45.00 45.00 Hunter PROS-12-PRS30 12 Series MPR EA 4 20.00 80.00 45.00 180.00 Hunter PROS-12-PRS30 12 Series MPR EA 10 20.00 200.00 45.00 450.00 Hunter PROS-12-PRS30 12 Series MPR EA 4 20.00 80.00 45.00 180.00 Hunter PROS-12-PRS30 15 Series MPR EA 2 20.00 40.00 45.00 90.00 Hunter PROS-12-PRS30 15 Series MPR EA 6 20.00 120.00 45.00 270.00 Hunter PROS-12-PRS30 15 Series MPR EA 4 20.00 80.00 45.00 180.00 Hunter PROS-12-PRS30 15 Series EA 6 20.00 120.00 45.00 270.00 Hunter PCB25 Bubbler EA 68 5.00 340.00 16.00 1,088.00 Two Hunter PCB-25 Bubbler EA 21 5.00 105.00 30.00 630.00 Hunter PGP-04 2.0 LA EA 22 20.00 440.00 45.00 990.00 Hunter PGP-04 2.5 LA EA 67 20.00 1,340.00 45.00 3,015.00 Hunter PGP-04 3.0 LA EA 30 20.00 600.00 45.00 1,350.00 Hunter PGP-04 4.0 EA 34 20.00 680.00 45.00 1,530.00 Hunter ICV-FS 10" Valve Box EA 11 20.00 220.00 320.00 3,520.00 Hunter ICC Controller wtr IC-600 PL EA 1 500.00 500.00 9,900.00 9,900.00 Connection from Existing Well to Point of Connection EA 1 500.00 500.00 5,500.00 5,500.00 New 4" Well and 5 hp Pump EA 1 7,900.00 39,000.00 39,000.00 1 1/2" Directional Bore EA 2 2,000.00 4,000.00 5,100.00 10,200.00 3" Directional Bore EA 2 3,500.00 7,000.00 4,000.00 8,000.00 3" Isolation Valve and Box with Connections EA 1 200.00 200.00 1,125.00 1,125.00 Irrigation Lateral Line PVC Class 200 SDR 21 LF 6,500 1.50 9,750.00 4.00 26,000.00 Irrigation Mainline PVC 3" Class 200 SDR 21 Gasket LF 2,400 3.00 7,200.00 9.00 21,600.00 Total of Irrigation 358,470.00 623,701.00 Grand Total of All Bid Items 815,064.00 1,249,413.00 BID OPENING September 16, 2016 3:00 P.M. U.S. #1 & S.R. #442 Landscape Beautification Project ITB 16-ES-002 Respondent Amount 1. Green Construction Technologies, Inc. 1 Original/1 USB– Bid Bond $1,273,151.85 2. R.J. Landscape Contractors, Inc. 1 Original/1 USB – Bid Bond $815,064.00 3. 4. 5. 6. 7. 8. 9. 10. Meeting opened: 3:02 pm Meeting closed: 3:08 pm City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2016-2118,Version:1 COUNCIL AGENDA ITEM SUBJECT: Construction Engineering and Inspection Services (CEI)for the US 1 and SR 442 Landscape Beautification Project DEPARTMENT: Environmental Services SUMMARY: City Staff acquired a landscaping grant from the Florida Department of Transportation (FDOT)in the amount of $500.00 in order to enhance the aesthetic appearance of US 1 and a portion of SR 442.On September 16, 2016,bids were opened for construction of this project.Authorization from City Council is also being requested on a separate agenda item to enter into a contract for the construction.Because this is a FDOT Grant,a qualified inspector with the appropriate FDOT training is required to be onsite.A proposal for these services was requested from Quentin L. Hampton Associates and CPH, Inc. as outlined below. QLH $32,575 CPH $58,265 BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable 331-5555 RECOMMENDED ACTION: A motion to authorize the City Manager to issue a Purchase Order to Quentin L.Hampton Associates, Inc. for the US 1 and SR 442 Landscape Beautification Project in an amount not to exceed $32,575. City of Edgewater Printed on 9/23/2016Page 1 of 1 powered by Legistar™ J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 1 of 6 SCOPE OF SERVICES US Hwy #1 and SR #442 FDOT Landscape Beautification Project FM# 435465-1-58-01 Construction Engineering and Inspection Services SECTION 1 GENERAL 1.1 Construction Engineering and Inspection (CEI) Services shall be provided for the project in accordance with the attached schedule. 1.2 The CEI ENGINEER will provide CEI Services during the construction contract and schedule. This project area runs approximately 3 miles along US Hwy #1 (Volco Road to Boston Road approximately 2 miles and 10th Street to Lamont Street approximately 1 mile) and approximately .5 mile near the intersection of I-95 and SR #442 in Edgewater, Florida. This project is partially funded by an FDOT grant. CEI services include notification of the Contractor of non-compliance; observation of materials at the job site; and provide a record of the Contractor’s activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the CEI ENGINEER is not responsible for the performance of the construction contract by the Contractor. The CEI ENGINEER will provide personnel to observe the Contractor’s work on a part time basis during the execution of the Construction Contract. 1.3 Through the on-site observations of the work including progress and field checks of material and equipment, the CEI ENGINEER will endeavor to provide protection for the CITY against defects and deficiencies in the work, but the furnishing of these services shall not make the CEI ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor’s failure to perform the construction work in accordance with the Contract Documents. 1.4 The CEI ENGINEER shall not be responsible for the acts or omissions of the Contractor or of any of the Contractor's, Sub-Contractors, Agents, Employees, or other persons performing any of the work under the construction contract, or of others. 1.5 The CEI ENGINEER shall provide qualified personnel to conduct the work as further described herein and as shown on the hourly breakdown provided as Exhibit A. The CEI ENGINEER will provide a Senior Project Engineer and a Project Administrator to manage and oversee the Construction Contract. Inspectors will be provided as required to observe construction activities. The attached hourly breakdown is provided as an estimated time and only actual hours worked will be billed to the project. J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 2 of 6 SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 General 2.1.1 The CEI ENGINEER agrees to perform professional engineering services in connection with the construction project as hereinafter stated. The improvements are located within FDOT right of way and being partially funded by FDOT through a JPA Agreement. 2.1.2 The CEI ENGINEER will serve as the CITY’s professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. 2.2 Construction Engineering and Inspection (CEI) Services 2.2.1 The CEI ENGINEER’s Senior Project Engineer will review the Contractor’s MOT for compliance with contract requirements. Quality Assurance testing is not anticipated based on review of the construction plans so no Geotechnical services have been included. 2.2.2 The CEI ENGINEER will attend the preconstruction meeting. The Design Engineer, Zev Cohen & Associates, Inc., will conduct the preconstruction meeting and will issue meeting minutes as a follow up to the meeting to all attendees in compliance with Section 3.1 of FDOT Construction Project Administration Manual (CPAM). 2.2.3 The CEI ENGINEER will review and approve the Contractor’s Quality Control Plan (QCP) which requires the Contractor to be responsible for materials sampling, testing, and inspection. The CEI ENGINEER has the primary function of performing Quality Assurance (QA) by ensuring the Contractor follows the approved QCP. We do not anticipate QA testing will be required. If any Quality Assurance testing is required it will be done as an additional service to the contract. When the Contractor does not follow the QCP then it will be documented in the Daily Work Report, discussed below, and remedied per procedure outlined in the CPAM. 2.2.4 The CEI ENGINEER will check shop drawings, catalog data, diagrams, illustrations, schedules, samples, test and inspection results and other data the Contractor is required to submit, but only as to conformance with the overall design concept of the project and compliance with the Plans, Specifications, and other Contract Documents. CEI ENGINEER will coordinate review and approval of the shop drawings by the Design Engineer and maintain a shop drawing log to keep track of the submittals. The Design Engineer will review submittals for conformance with the plans and specifications. 2.2.5 The CEI ENGINEER will assist the CITY in issuing all instructions to the Contractor and assist in the preparation of routine Change Orders as may be required. The CEI ENGINEER may, as a designated project representative by the CITY, require special inspection or testing of the work (whether or not fabricated, installed or completed). J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 3 of 6 The CEI ENGINEER will coordinate with the CITY and Design Engineer to respond to RFI’s from the Contractor. The Design Engineer will provide responses to issues related to changes or questions regarding design. 2.2.6 The CEI ENGINEER will conduct monthly progress meetings throughout the duration of the project. The project duration is anticipated to be 150 days for substantial completion of construction with 30 additional days for final completion. The meetings are anticipated to last for approximately one hour each. The CEI ENGINEER will issue meeting minutes as a follow up to the meeting to all attendees. 2.2.7 The CEI ENGINEER will on a weekly basis field review the Contractor’s work and report same on the FDOT Daily Work Report. Any QCP lapses by the Contractor will be reported on this form. 2.2.8 Based on the CEI ENGINEER’s on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, review of this information with the CITY Project Representative, review of supporting data, and information received from the CITY, the CEI ENGINEER will determine the amounts owing to the Contractor and recommend approval in writing of payments to the Contractor in such amounts. Such recommendations to constitute representations to the CITY, that are expressions of the CEI ENGINEER’s opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). The CEI ENGINEER will review the Contractor’s submittal of Certification Disbursement of Previous Periodic Payments to Subcontractors, FDOT Form No. 700-010-38. Should the Contractor not submit a fully completed Certification with each progress payment, then the CEI ENGINEER will not recommend payment to the Contractor by the CITY. 2.2.9 For the purposes of this Scope of Services, it is assumed that the construction of the City’s facilities will occur over a period of 150 days. The estimated CEI time for the project is shown on Exhibit C. The CEI ENGINEER will provide on-site inspection services which amount to approximately 12 hours per week during the anticipated 22 weeks of the City’s construction period. The on-site observation and inspection services include review of installed work and work in progress, as well as verification that the Contractor’s work is in compliance with plans, specifications, change orders and field directives. The CEI ENGINEER will also coordinate with City Personnel and Inspectors. The CEI ENGINEER will observe work and will selectively inspect delivered materials on-site (not including materials testing to be provided by others) as to compliance with the Contract Documents. If it is determined that, due to construction progress (or lack thereof) or other related matter s, that additional time and cost, or other changes than enumerated in this scope of services are required to adequately address the construction inspection or administration items, then the CEI ENGINEER is obligated to bring this situation to the CITY'S attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. The CEI ENGINEER will follow the FDOT’s CPAM for contract modifications, J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 4 of 6 including changes to the work or the contract time, and complete FDOT’s standard forms for same for submittal to FDOT under the terms of the LAP Agreement. 2.2.10 The CEI ENGINEER will, in conjunction with the CITY representatives conduct a substantial completion inspection of the in-place work to determine if the work is completed substantially in accordance with the plans, specifications and other contract documents. The CEI ENGINEER will prepare a “punch List” of items that are deficient or incorrect. The CEI ENGINEER will provide these services in accordance with the project closeout requirements of FDOT’s CPAM and the JPA agreement. 2.2.11 The CEI ENGINEER will assist the CITY in the review of Contractor provided record drawings/surveys and other as-built data for installed facilities and present any apparent discrepancies between the as-built conditions and the design conditions to the attention of the CITY. The CEI ENGINEER will coordinate with the Contractor regarding provision of the construction record drawings prior to final on-site inspections and punch list preparation. 2.2.12 The CEI ENGINEER will prepare a Final Estimate Package and Offer of Final Payment Package. SECTION 3 PAYMENT/TIME 3.1 Compensation paid to the CEI ENGINEER for services described herein and rendered by principals and employees assigned to the project are computed by multiplying Standard Classification Billing Rates for all classifications of employees directly engaged on the project, times the number of hours worked on the project. The estimated hours and cost associated with this proposal are provided in Exhibit A. The multiplier used for the rates is provided in Exhibit B. 3.2 The Engineering fee for the services described herein is estimated to be $58,265.00, inclusive of out-of-pocket expenses. Invoices will be submitted periodically, indicating the hours expended during the billing cycle. These fees are inclusive of out-of-pocket expenses. Out-of-pocket expenses will be specifically identified in periodic invoicing, and include such items as transportation and subsistence of principals and employees when traveling in connection with the project, toll telephone calls, cell phone calls, photocopies, blueprints and plots, etc. Payment will be made monthly without retention, based on invoices submitted which will indicate the hours expended and expenses incurred during that billing cycle. Invoice payments must be kept current for services to continue. If the CITY fails to pay any invoice due within 45 days of the date of the invoice, CEI ENGINEER may, without waiving any other claim or right against CITY, suspend services under this agreement until CEI ENGINEER has been paid in full all amounts due CEI ENGINEER and/or any of its consultants and subcontractors. J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 5 of 6 SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the CITY prior to the rendering of such services, the CEI ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the CITY. 4.1.1 Additional services due to significant changes in the scope of the project including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the CITY and services not otherwise provided for in this Agreement. 4.1.3 Preparing to serve and serving as an expert witness for the CITY in any protest, litigation, or other proceeding involving the project. 4.1.4 Provide surveying services if required or requested by the CITY. 4.1.5 Provide, through a subconsultant, soils investigation services if required or requested by the CITY, or if required by the any regulatory agency, recommended by the CEI ENGINEER and authorized by the CITY. 4.1.6 Review of the contractor’s weekly certified payrolls and interviews of employees as required for ARRA compliance. SECTION 5 GENERAL CONDITIONS 5.1 The CITY and the CEI ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body, which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CEI ENGINEER. SECTION 6 6.1 The CEI ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. J:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project.doc Page 6 of 6 CITY: City of Edgewater, Florida ATTEST By: Date: CEI ENGINEER: CPH, Inc. ATTEST By: David A. Terwilleger, P.E. Director of CEI Services Date: Construction Engineering and Inspection (CEI) ServicesSr. Project EngineerProject Administrator InspectorContract Support/Compliance SpecialistLandscape Architect2.2.2Attend preconstruction meeting444 2 42.2.3Review QCP220 1 32.2.4Review of Shop Drawings & Submittals48 7 72.2.5Review Contractor RFI's, and Requests for Change Orders and prepare responses or recommendations810 82.2.6Conduct Progress Meetings (Monthly for 5 months)816 82.2.8Review Payment Applications510 102.2.9Inspection during construction (12 hours per week for 22 weeks during construction)20 264 202.2.10Conduct Substantial Inspection with City and Contractor and prepare punch list and Completion Certificates888 8 122.2.11Review of Contractor provided As-Builts 21010 12.2.12Conduct a Final Inspection, prepare information for Certificate of Final Completion for project. Assist the City with preparation of close out documentation.416 24 845 104 286 68 55TOTAL LABOR COST $58,265.00RATEHOURSEXTENSIONSenior Project Engineer $150.00 45 $6,750.00Project Administrator $115.00 104 $11,960.00Inspector $100.00 286 $28,600.00Contract Support/Compliance Specialist $60.00 68 $4,080.00Landscape Architect $125.00 55 $6,875.00Total Labor Cost $58,265.00Edgewater ProposalUS Hwy #1 and SR #442 FDOT Landscape Beautification ProjectExhibit AJ:\Z6582-2016\Edgewater\US Hwy #1 and SR #442 FDOT Landscape Beautification Project\US Hwy #1 and SR #442 FDOT Landscape Beautification Project Exhibit A.xlsPage 1