2009-R-37
RESOLUTION NO. 2009-R-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, VOLUSIA COUNTY, FLORIDA,
AUTHORIZING CONSTRUCTION OF THE NEW WATER
SUPPLY WELLS PROJECT AND AWARDING BID #09-PW-
009 TO MCMAHAN CONSTRUCTION; AUTHORIZING
EXECUTION OF THE AGREEMENT AND ASSOCIATED
DOCUMENTS RELATED TO CONSTRUCTION;
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, the City has determined that the construction of new water supply wells are in
the best interest of the citizens of Edgewater; and
WHEREAS, bids were solicited for construction of four new water supply wells that are a
requirement of the City's Consumptive Use Permit with the St. Johns River Water Management
District (Bid #09-PW-009); and
WHEREAS, the City of Edge water conducted bidding process where competitive bids were
solicited and received, opened and publicly read; and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has authorized
funding of the construction project with ARRA funds with eight-five percent (85%) of the
construction and technical services project costs being eligible for principal forgiveness.
WHEREAS, the City finds that McMahan Construction Company, Inc., is the lowest and
best responsive bidder.
NOW, THEREFORE, BE IT RESOLVED by the People ofthe City ofEdgewater,
Florida as follows:
PART A. STIPULATIONS.
Section 1.
City Council hereby determines that construction of the new Water Supply
Wells Project is in the best interest of the citizens of the City of Edgewater.
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Section 2.
The City of Edgewater conducted the process wherein competitive bids were
solicited and received (Bid #09-PW-009), opened and publicly read.
Section 3.
The City Council finds that McMahan Construction Company, Inc., is the
lowest and best responsive bidder.
Section 4.
The City Council hereby awards, contingent upon funding approval by the
Florida Department of Environmental Protection (FDEP), Bureau of Water Facilities Funding, an
agreement to McMahan Construction Company, Inc. in the amount of$899,950.00 to construct the
New Water Supply Wells Project in accordance with the bid documents prepared by Quentin L.
Hampton Associates, Inc.
Section 5.
City Council hereby authorizes the City Manager and/or Mayor to execute the
agreement and all associated documents relating to this Project (including construction and technical
services).
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.
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PART E. ADOPTION.
During the December 14, 2009 Council meeting, a motion to approve was made by
Cou\(llh~m(\11 &nr'\'tj1on with Second byCoU.t\~i\WOl'.\OJ\ Rcacrs . The vote on this resolution is as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
PASSED AND D UL Y ADOPTED this 14th day of December, 2009.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
1-nnr'\\. l'O , I i l) () N 110 D
Bonnie Wenzel U
City G!erk
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RObi~ L. Matusick Y')
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day
of December, 2009 under Agenda Item No.
8-L
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