02-08-2010
V otinS! Order
Councilman Cooper
Mayor Thomas
Councilwoman Rogers
Councilwoman Bennington
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
FEBRUARY 8, 2010
6:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROV AL OF MINUTES - None at this time
3. PRESENT A TIONSIPROCLAMA TIONSIPLAQUES/CERTIFICA TESIDONA TIONS
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. APPROV AL OR CHANGESIMODIFICA TIONS 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.
a. Authorization of Task Assignment for the completion of the Comprehensive Economic
Development Strategy (CEDS) Report and Creation of the Community Redevelopment
Agency and Master Plan; authorizing Kimley-Hom and Associates for Task Item II - Item
III, not to exceed $55,000.
b. Authorization for the City Manager to execute a work order to Quentin L. Hampton
Associates in the amount of $19,225 for engineering services related to the replacement of lift
station number five.
c. Approval of Architectural and Engineering Services for design. bidding and grant for the
construction of a new fire station on the existing Fire Station 55 site. in the amount not to
exceed $145.997.
City Council Agenda
February 8, 2010
Page-2-
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. Resolution No. 2010-R-OI: Approving a Stipulated Settlement Agreement between the City
of Edgewater and the Department of Community Affairs.
b. 2nd Reading - Ordinance No. 2010-0-01; Amending the Comprehensive Plan to include
text creating a new Restoration Sustainable Community Development district Future Land
Use Category, the Future Land Use Map and Map Series ofthe Future Land Use Element and
other applicable Elements and Map Series.
c. 2nd Reading - Ordinance No. 2010-0-03; Amending and restating the previously adopted
development order approved pursuant to Section 380.06, Florida Statutes for the Restoration
Development of Regional Impact for real property generally located northwest of the
intersection ofl-95 and SR 442.
d. 2nd Reading - Ordinance No. 2010-0-02; An amendment of the City Charter by amending
Article V "Elections", by modifYing Section 5 .03( c) "Qualification of Candidates".
e. Resolution No. 2010-R-03; Amending the By-Laws of the Citizen Code Enforcement Board
f. Richard Stonecipher of Stonecipher Enterprises, owner of Earthquake Magoon's, located at
132 W. Park Avenue is requesting a Special Activities Permit for an Annual Bike Week
Oyster Roast to be held on March 5, 2010.
9. BOARD APPOINTMENTS - None at this time
10. OTHER BUSINESS
a. A ward the bid for the Eastern Shores Stormwater Improvements Project to Barracuda
Building Corporation and authorize the Mayor or City Manager to execute the Agreement.
b. Approval of the work order and purchase order to B&H Consultants, Inc. for the Contract
Administration Services and Inspection services for the Eastern Shores Project in the amount
not to exceed of $16,330 and approve the necessary budget amendment.
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
Note: All items for inclusion on the March 1.2010 agenda must be received by the City Clerk's office
no later than 12:00 pm, February 18.2010.
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 alXordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should
contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1/01, 5 days prior to the
meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
AGENDA REQUEST
c.A. #2010-010
Date: January 28,2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
ORDINANCE
OTHER
CONSENT February 8,2010 BUSINESS
Authorization of Task Assignment for the completion of the Comprehensive Economic Development
Strategy (CEDS) Report and Creation of the Community Redevelopment Agency (CRA) and Master
Plan.
BACKGROUND:
On September 28, 2009, the City Council authorized Resolution 2009-R-26 creating the CEDS
Strategy Committee in order to assist with the research and development of the CEDS Report. During
the November 16, 2009 City Council meeting Kimley-Horn and Associates Inc. was authorized to
serve as one of our Planning Consultants through a Continuing Services Agreement. As a requirement
of the Agreement, Kimley-Horn and Associates Inc. must submit a proposal and receive authorization
before commencing assignments/tasks. Listed below is a summary of the proposed fees for the
performance of tasks outlined in the attached Scope of Services for the Task Assignment regarding the
completion of the Comprehensive Economic Development Strategy (CEDS) Report and creation of the
Community Redevelopment Agency (CRA) and Master Plan.
Item II - Economic Development Strategic Plan
Task lA - Competitive Assessment
Task IB - Target Business/Industry Analysis
Task 1 C - Strategic PlanlImplementation Action Plan
Task ID - Economic Development Strategic Plan Report
Task IE - Meetings
Item II Total
$ 9,500
$ 5,000
$ 6,500
$ 7,500
$13,000
$39,500
Item III - Creation of a Community Redevelopment Area
Task lA - Previous Public PlanningNisioning Coordination
Task IB - Preliminary Finding of Necessity Report
Item III Total
$ 7,500
$ 8,000
$15,500
Item IV - Creation of a Redevelopment Master Plan
Tasks lA through IB - Organization and Set-Up
Tasks 2A through 2B - Public Kick-off Meeting
Tasks 3A through 3G - Creation of Redevelopment Master Plan
Task 4 - Compilation of Community Redevelopment Plan Document
Task 5 - Adoption $ 12,000
Tasks 6A through 6C - Ongoing Coordination, Assistance and Meetings
Item IV Total
$ 10,000
$11,000
$ 59,000
$ 38,000
$ 16,000
$146,000
The City presently has budgeted, to include a match contribution from V olusia County Economic
Development Department, for services of Task Item II - Item III totaling $55,000.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the approval of the Task Assignment for Kimley-
Horn and Associates Inc. for Task Item II - Item III as outlined in the attached Scope of Services and
not to exceed $55,000.
ACTION REQUESTED:
Motion to authorize the approval of Task Assignment for Kimley-Hom and Associates Inc. for Task
Item II - Item III as outlined in the attached Scope of Services and not to exceed $55,000.
~INANCIAL IMPACT: (Finance Director) ;jJo&tc, fi L ~
(SPECIFY IF BUDGET AMENDMENT IS RE~ED) . Y:S~_ -/0
PREVIOUS AGENDA ITEM:
If so, DATE: N/ A
YES NO X
-
AGENDA ITEM #
Respectfully submitted,
Concurrence:
~
.
" .. ~':)p~~
Robin L. Matusick
Paralegal
~-_n Kimley-Hom
~ U and Associates, Inc.
TO THE CONTINUING SERVICES AGREEMENT
FOR PLANNING CONSULTING SERVICES
BETWEEN THE CITY OF EDGEW A TER
AND KIMLEY-HORN AND ASSOCIATES, INC.
851 DUNLA WTON AVENUE, SUITE 302
PORT ORANGE, FL 32127-4234
PROJECT TITLE: ECONOMIC DEVELOPMENT STRATEGIC PLAN AND CREATION OF
THE COMMUNITY REDEVELOPMENT AGENCY AND MASTER
PLAN
I. PURPOSE
This is an attachment to the Continuing Services Agreement for Planning Consulting Services
between the City of Edgewater (City or Client) and Kimley-Horn and Associates, Inc. (KHA or
Consultant) dated November 16,2009 and made a part thereof. The purpose of this task
assignment is described in the following sections.
II. ECONOMIC DEVELOPMENT STRATEGIC PLAN
Proiect Understandin1!
The City of Edgewater recognizes that in order to enhance the economic sustainability of the
community it is necessary to improve economic development within the City. Therefore, the City
has proactively formed a Comprehensive Economic Development Strategy (CEDS) committee
for the purposes of identifying ways in which the City can attract businesses and industry.
Kimley-Horn and Associates, Inc. has been called upon to effectively facilitate the CEDS
Committee meetings and develop an economic development strategic plan that will assist the City
to both identify the economic development goals and develop an action plan to achieve those
goals.
Scone of Services
The Consultant's scope of services shall include the following tasks as outlined:
Task IA - Competitive Assessment
The Consultant will conduct an analysis of the competitive economic strengths and weaknesses of
the City in terms of its ability to attract, support, and sustain business and industry, including
identification and assessment of economic and quality of life attributes and assets that make the
City an attractive potential location for business and industry and shortcomings and liabilities that
limit economic growth. Factors to be considered in this analysis include:
· transportation and utility infrastructure
· sites for development
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Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
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· workforce characteristics
· existing business/industry mix
· community amenities
· public attitudes
· leadership
· public policies
Actions needed to take advantage of strengths and minimize and mitigate weaknesses will be
recommended. This assessment will include review and incorporate, as appropriate, materials
prepared by the City.
Task IB - Target Business/Industry Analysis
The Consultant will conduct an analysis and identify potentially promising business and industry
sectors and specific business/industry for which Edgewater is suitable and can become
competitive based on its existing community characteristics, strengths, and weaknesses and
prospects for improving its competitive potential. This will include review of business and
industry sectors and targets marketed in the East Central Florida region in general and in Volusia
County in particular and a review of existing business and industry sectors and targets already
found in South Volusia County and Edgewater. This analysis will result in a list and description
of businesses and industries considered particularly well suited to Edgewater, including specific
targets in leading edge industries, traditional manufacturing, distribution and logistics, and the
service industries, such as fmance, education, healthcare, destination retailing, and entertainment.
This analysis will include review and incorporation, as appropriate, of materials prepared by the
City.
Task Ie - Strategic Plan/Implementation Action Plan
The Consultant will prepare a long-range, 20-year strategic plan for economic development in
Edgewater and a five-year implementation action plan. The Strategic Plan will include goals and
recommendations for improving (needed) infrastructure, providing adequate siting opportunities,
improving workforce preparation, promoting small business development, focusing marketing
activities, and enhancing the appeal of Edgewater as a place to invest in and grow business and
industry. The Implementation Action Plan will identify specific actions to execute the Strategic
Plan during the first five years, including their priorities, responsibilities for implementation, cost
implications, and potential funding sources.
Task 1 D - Economic Development Strategic Plan Report
Results of Tasks IA through IC will be presented in a comprehensive report containing relevant
data, maps, analyses, and recommendations. This report will first be submitted in draft form in
both hard copy and electronic forms for review and comment by the City, the Comprehensive
Economic Development Strategy committee (CEDS), and stakeholders. A final report will be
submitted following receipt and consideration of comments received. Up to 25 copies will be
provided along with a CD of the report. Presentations of the report will be made to City officials
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Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
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and stakeholders as requested. An Executive Summary will be prepared in PowerPoint for this
purpose, which can later be used as a marketing tool by the City. This report will be prepared in a
format compatible with a Comprehensive Economic Development Strategy, as defined by the
U.S. Economic Development Administration.
Task 1 E - Meetings
The Consultant will serve as advisor and/or facilitator at up to ten meetings of the Comprehensive
Economic Development Strategy committee during the course of this strategic planning process.
Performance of this task includes preparation of or providing input to meeting agendas, providing
materials for discussion, and summarizing results of key discussions, along with presentation of
the previous tasks and the associated information and/or deliverables. Additionally, the
Consultant will attend one joint meeting with the City Council, Planning and Zoning Board, and
the Economic Development Board to present the Plan.
Ill. CREATION OF A COMMUNITY REDEVELOPMENT AREA
Pro;ecl Underslandin1!
The City of Edgewater initiated a process during which a redevelopment vision was created for a
portion of U.S. 1 and Park A venue. It is now desired to proceed with the creation of a
Community Redevelopment Area (CRA) such that the vision can become a reality. The first step
requires the preparation of a preliminary finding of necessity for consideration of creating a CRA
in the City of Edgewater for the area generally described as along Ridgewood A venue from the
northern city limits south to Turgot Avenue and along Park Avenue between the railroad
industrial area and the river.
Scone of Services
The Consultant's scope of services shall include the following tasks as outlined:
Task lA - Previous Public PlanninglVisioning Coordination
This task consists of providing support to city staff and coordinating consideration of appropriate
boundaries for the proposed community redevelopment area with prior public planning efforts by
the city in developing the Envision Edgewater program. The previous Envision Edgewater served
to receive public input on potential redevelopment within the City of Edgewater and will help
guide the determination of an appropriate study area boundary and analyses for Task I B. This
task includes summary field observations and analysis of existing development patterns to
identify a recommended CRA boundary.
Task I A Deliverable: Summary of and recommendations for an appropriate boundary for the
proposed Community Redevelopment Area based upon the analysis and results from Envision
Edgewater.
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Task I B - Finding of Necessity Report
Task 1 B includes the preparation of a finding of necessity report for the Edgewater CRA
boundary area recommended in Task lA to determine eligibility as a community redevelopment
area under Chapter 163 Part 1Il, Florida Statutes. Subtasks include:
a. Develop general intent and objectives for the Community Redevelopment Area.
b. Prepare a Finding of Necessity Report.
c. Present the Finding of Necessity Report to one (1) meeting each of the City of Edgewater
Planning and Zoning Board, Economic Development Board, and City Council.
Task IB Deliverable: 12 copies of the Finding of Necessity Report in hardcopy and PDF format.
IV. CREATION OF A REDEVELOPMENT MASTER PLAN
Project Understandin(!
Following the creation of the CRA, the vision as previously developed will need to be converted
into a Redevelopment Master Plan. This master plan will ultimately serve as the road map for
transforming Edgewater's downtown into the thriving area envisioned by residents and city
officials alike.
ScoDe of Services
STEP I - ORGANIZA nON AND SET-UP
Task IA - Organization Meetings with City Staff
The Consultant will prepare for and participate in one (1) initial meeting with City staff and
members of the CRA Board, with the intention of outlining the scope of services, defining the
project schedule, determining meeting locations, assigning tasks, identifying key issues, and
collecting relevant studies, plans, maps and data. The City shall furnish the Consultant with
copies of data, surveys and other materials and information required for development of the
Redevelopment Master Plan.
Task lA Deliverables:
.
Detailed meeting notes from the initial meeting held with City staff and the CRA Board
A refined project schedule
Written summary of any questions related to the data or any requests for additional data,
if necessary
.
.
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Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
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Task 18 - Public Outreach and Communications
The Consultant, working in conjunction with the City, will provide outreach materials regarding
important aspects and phases of the CRA and the Redevelopment Master Plan. Such public
outreach could include printed flyers, banners and signs as necessary in support of the ongoing
project. Additionally, the Consultant will create a website for the CRA that will be updated
throughout the Redevelopment Master Plan process and that will be made available for use by the
City once the project has been completed. The web page will include, but not be limited to, maps,
illustrations, meeting agendas and other relevant information necessary to inform the public about
various aspects of the CRA and the Redevelopment Master Plan. The web page will also include
a mechanism for the public to provide written comments and questions regarding the CRA and
the Redevelopment Master Plan as well as contact information for representatives from the City
and Consultant.
Task IB Deliverables:
.
Published CRA web page
Public outreach materials, as necessary
.
STEP 2 - PUBLIC KICK-OFF MEETING
Task 2A - Kick-Off Meeting Preparation and Facilitation
To publicly announce the Redevelopment Master Plan project, the Consultant, working with City
staff and the CRA Board, will hold a kick-off meeting, aimed at confirming the projects goals and
objectives and gathering public input in relation to the key issues, constraints and opportunities of
the CRA district. The foundation for this meeting will come from the visioning process results
completed in 2008, as well as the results of the Finding of Necessity study for the CRA district.
The meeting will be one-half day in length, held at the City of Edgewater City Hall. All meeting
materials will be provided by the Consultant.
In preparation for the kick-off meeting, the Consultant will hold one (1) meeting with City staff
and the CRA Board to discuss the proposed meeting agenda and activities.
Task 2A Deliverables:
.
Kick-off meeting materials, to include an agenda
Detailed meeting notes from the preparation meeting with City staff and the CRA Board
.
Task 28 - Kick-Off Meeting Documentation
The Consultant will compile a brief summary document of the kick-off meeting and will publish
a summary of the kick-off meeting on the CRA web site, along with applicable illustrations or
other documentation.
Task 2B Deliverables:
.
Brief summary document of the Kick-Off Meeting
Website update with Kick-Off Meeting summary information
.
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STEP 3 - CREATION OF REDEVELOPMENT MASTER PLAN
Task 3A - Existing Conditions Analysis
Taking into consideration the results of the Kick-Off Meeting, the Consultant will complete an
analysis of the CRA district's existing physical conditions, including the zoning and future land
use designations, the circulation pattern, open space allocations, and natural features. As much of
this work has already been completed during the visioning process of 2008, this analysis will
focus on detailing the conditions within the CRA district. Upon completion of this analysis, an
Existing Conditions Analysis diagram will be completed that shows the district's opportunities
and constraints.
Task 3A Deliverables: Existing Conditions Analysis diagram
Task 38 - Draft Redevelopment Master Plan
Based on the requirements of Florida Statute 163.362 and the findings of the Existing Conditions
Analysis, the Consultant will create a draft Redevelopment Master Plan that gives the general
locations of land uses and intensities, as well as areas targeted for redevelopment and
revitalization. As a part of this task, the Consultant will evaluate and identify residential and
commercial development needs, market prospects, and opportunities in the downtown Edgewater
CRA target area. This will include the following:
(a) Analysis of residential and commercial real estate market characteristics and trends in
and affecting Edgewater.
(b) Analysis of obstacles and opportunities to the assembly and redevelopment of existing
properties in the CRA target area.
(c) Identification of residential and commercial development opportunities in the CRA target
area, including recommendations for specific developments on key parcels or locations in
the area that can serve as catalysts for redevelopment.
(d) Identify public initiatives and incentives as may be needed to assemble property and
stimulate private investment.
The Redevelopment Master Plan will also highlight public realm enhancement areas, key
intersections, major gateways, existing and proposed circulation patterns, existing and proposed
open spaces and associated improvements, important view corridors and terminating vistas. It is
also likely that the Redevelopment Master Plan will identify improvement districts that are
targeted for specific types of redevelopment. The draft Redevelopment Master Plan will also
detail land uses, acreages, and approximate square footage and unit counts.
Task 3B Deliverables:
.
Draft Redevelopment Master Plan
Draft Redevelopment Master Plan Program
.
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Task 3C - Redevelopment Master Plan Review and Revisions
The Consultant will review the draft Redevelopment Plan and program with City Staff and the
CRA Board and revisions will be made based on feedback prior to public review.
After revisions have been made, the Consultant will review the draft Redevelopment Master Plan
and program with the public at the next City Council meeting. All comments and concerns
identified at the public meeting will be compiled and reviewed with City staff and the CRA Board
to determine what, if any, changes need to be made to the draft Redevelopment Master Plan.
Once any identified changes have been made, the Redevelopment Master Plan and program will
be considered final and any additional major changes will be considered additional work.
Task 3C Deliverables:
· Final Redevelopment Master Plan
· Final Redevelopment Master Plan Program
Task 3D - Transportation Evaluation
The Consultant will conduct a transportation evaluation in accordance with the following:
A. Existing Conditions - Using available data (obtained from the City, County, FDOT, and
others) KHA will identify the existing transportation conditions within the CRA boundary.
This will consist of daily traffic volumes, and bicycle and pedestrian facilities. KHA will
evaluate existing conditions and identify level of service conditions. In addition, KHA staff
will meet with City staff to review operating conditions within the CRA during morning and
afternoon peak periods in an effort to identify specific operational improvement needs and
opportunities.
B. Planned Improvements - KHA will review and document planned improvements by the City,
County, and FDOT within the CRA. Anticipated implementation phasing will be identified.
Where available, documentation for improvements will be reviewed and their relevant
findings will be documented and considered in the development of the Master Plan.
C. Future Conditions and Potential Mobility Strategies - KHA will evaluate near-term (2020)
and long-term (2030) transportation conditions within the CRA. Strategies to provide
mobility will be identified along with potential funding strategies.
Task 3D Deliverables:
.
Existing Conditions and Planned Improvements Technical Memorandum
Future Conditions and Mobility Strategies Technical Memorandum.
.
Task 3E - Tax Increment Revenue Analysis and Projections
The Consultant will develop estimates and projections of tax increment revenues for up to a 20-
year life of the CRAffIF district. These will include the following:
(a) Analysis and identification of baseline property values in the CRA.
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Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
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(b) Annual projections of residential and commercial development and redevelopment and the
estimated taxable values of such development above baseline values.
(c) Annual projections of County and City ad valorem tax revenues from development and
redevelopment.
(d) Analysis and identification of potential uses of tax increment revenues, including potential for
bonding.
Task 3F - Redevelopment Master Plan Documentation; Specific Plans and Improvements
When the Redevelopment Master Plan has been finalized, the Consultant will document aspects
of the plan for inclusion in the overall Community Redevelopment Plan. Documentation will
include descriptions and programs for each district and land use, as well as specific regulatory
mechanisms and strategies for redevelopment. The Consultant will also describe specific projects
and actions, called as Specific Plans and Improvements, which need to be taken in order to realize
the potential of the Redevelopment Master Plan. The Specific Plans and Improvements will
detail action items for implementing revitalization.
Task 3F Deliverables:
.
Documentation of the Redevelopment Master Plan
Documentation of the Specific Plans and Improvements as related to the Redevelopment
Master Plan
.
Task 3G - lIIustrative Renderings
The Consultant will prepare up to ten illustrative renderings related to the Redevelopment Master
Plan in order to more clearly demonstrate the effects of redevelopment. The illustrative
renderings could include perspective drawings, detailed plans, landscape plans, street sections and
other graphic illustrations.
Task 30 Deliverables:
.
Illustrative renderings as needed to illustrate the effects of the Redevelopment Master
Plan
STEP 4 - COMPILATION OF COMMUNITY REDEVELOPMENT PLAN DOCUMENT
Task 4 - Compilation of Community Redevelopment Plan Document
The Consultant will compile an outline for the Community Redevelopment Plan document and
develop a format for the Community Redevelopment Plan that is consistent with the website and
other marketing materials that have been produced for the CRA. Three (3) sample pages for the
document, including a Table of Contents, the Redevelopment Master Plan and a sample text page,
will be produced provided to City Staff and the CRA Board for review and comment. The
Consultant will make one (I) round of revisions to the format based on comments from staff and
CRA Board review.
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The Consultant will then produce and submit to City staff and the CRA Board a complete draft of
the Community Redevelopment Plan. The draft of the Community Redevelopment Plan will then
be reviewed with City staff and the CRA Board at a review meeting. A list of all changes
requested during that meeting will be produced and reviewed with the City's appointed project
manager prior to implementing the revisions. Once approval has been given, the requested
revisions will be made to the draft Community Redevelopment Plan.
Task 4 Deliverables:
.
An outline of the Community Redevelopment Plan document
Three (3) sample pages of the Community Redevelopment Plan document
A complete draft of the Community Redevelopment Plan .
A listing of requested revisions of City staff and the CRA Board
A revised draft of the Community Redevelopment Plan
.
.
.
.
STEP 5 - ADOPTION
Task 5 - Formal Presentations to the Planning and Zoning Board and the City Council
The Consultant will make a formal presentation of the Redevelopment Master Plan at one (1)
Planning and Zoning Board meeting and at one (1) City Council meeting. All comments,
questions, and suggestions will be summarized and consolidated into a series of action items for
revisions or responses. The Consultant will then make two (2) sets of revisions that may be
necessary as a result of the two meetings.
Task 5 Deliverables:
.
A listing of comments, questions and suggestions from the Planning and Zoning Board
meeting
A listing of comments, questions and suggestions from the City Council meeting
A fmal Community Redevelopment Plan document
.
.
STEP 6 - ONGOING COORDINATION, ASSISTANCE AND MEETINGS
Task 6A - Bi-weekly Meetings with City Staff/CRA Board
To provide a scheduled venue for the Consultant, City Staff, and the CRA Board to review work
to date, provide feedback, and schedule maintenance, the Consultant will attend twelve (12)
meetings with staff and/or the CRA Board, to be held at City Hall. The scheduling of these
meetings is to be at a mutually acceptable day and time.
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Task 68 - Monthly City Council Meetings
To ensure that the City Council and community are continuously updated on the progress of the
project, the Consultant will provide an update presentation at one City Council meeting a month,
for a total of six (6) meetings. To reduce costs the City Council will schedule the presentation
within the first hour of each meeting or at some other specific time slot.
Task 6C - General Coordination and Assistance
The Consultant will perform general coordination tasks, including meetings not specifically listed
in this scope of services, phone calls with and emails to the CLIENT, as well as any project
management tasks that may arise.
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope will be considered additional
services and can be performed at our then current hourly rates. Additional services we can
provide include the following:
1. Attendance at meetings, hearings and/or presentations beyond those specifically outlined
in the tasks above.
2. Preparation of an Economic Development Element for the Comprehensive Plan.
3. Assessment of how the results (independent of a separate element) may be incorporated
into the Comprehensive Plan.
4. Architectural, engineering, or landscape architectural services beyond those identified in
the tasks above.
5. Design development and construction document preparation for the project.
6. Prepare a boundary and topographic survey.
7. Traffic studies or analysis beyond those identified in the tasks above.
8. Capital improvement programming and construction phase services.
9. Comprehensive plan amendments.
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Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
Page II
INFORMA nON TO BE PROVIDED BY CLIENT
KHA will be entitled to rely on the completeness and accuracy of all information provided by the
Client. The Client will provide all information requested by KHA during the project, including
but not limited to the following:
I. Existing utilities within the CRA project limits.
2. Existing parcel data and historical property valuations within the project limits.
3. Relevant previous studies, maps and public comments prepared for the project.
4. Records of code enforcement and non-conformity determinations within the project limits.
V. SCHEDULE
Relative to the scope of services under item II above, the Consultant will submit a draft report to
the City for review and comment within four months from the effective date of the work order. A
final report will be submitted within two weeks after receiving comments on the draft. However,
given that the deliverables rely upon various meetings and feedback from the CEDS committee as
well as others, KHA will coordinate with the City throughout the project and reevaluate the
schedule on a monthly basis.
As it pertains to the scope of services under items III and IV above, upon kickoff for each specific
item, the Consultant will coordinate with the Client to develop a mutually agreed upon schedule.
VI. FEE AND BILLING
The Consultant will perform the Scope of Services for the following lump sum fees, including
expenses. The City at its discretion may authorize work on specific items at a time and, in doing
so, the City is responsible for reimbursing the Consultant for only those specific items that have
been authorized under a Work Order. The following is a budget estimate for each of the tasks:
Item II - Economic Development Strategic Plan
Task 1 A - Competitive Assessment
Task 1 B - Target Business/Industry Analysis
Task I C - Strategic Plan/Implementation Action Plan
Task 10 - Economic Development Strategic Plan Report
Task IE - Meetings
Item II Total
$ 9,500
$ 5,000
$ 6,500
$ 7,500
$13.000
$39,500
Item III - Creation of a Community Redevelopment Area
Task IA - Previous Public Planning/Visioning Coordination
Task IB - Preliminarv Finding of Necessitv Report
Item III Total
$ 7,500
$ 8.000
$15,500
Item IV - Creation of a Redevelopment Master Plan
Tasks lA through IB - Organization and Set-Up
$ 10,000
Contract for Planning Consulting Services
Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan
Page 12
Tasks 2A through 28 - Public Kick-off Meeting
Tasks 3A through 3G - Creation of Redevelopment Master Plan
Task 4 - Compilation of Community Redevelopment Plan Document
Task 5 - Adoption
Tasks 6A through 6C - Ongoing Coordination. Assistance and Meetings
Item IV Total
$ 11,000
$ 59,000
$ 38,000
$ 12,000
$ 16.000
$146,000
All permitting, application, and similar project fees will be paid directly by the Client.
Fees will be invoiced monthly based upon the percentage of services performed as of the invoice
date. Payment will be due within 25 days of your receipt of the invoice.
AGENDA REQUEST
Date: January 22,2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT February 8. 2010 BUSINESS
ITEM DESCRIPTION: Engineering Services for the replacement of Lift Station #5 located at
118 West Pine Bluff Street.
BACKGROUND: The existing lift station has been in place since 1963. This lift station is a
"dry pit" lift station with the pumps and electrical panel 13 feet below ground. There has been
corrosiveness of the cylinder, which has led to numerous patches of the cylinder itself. The
piping inside the cylinder is obsolete and any parts that need to be replaced must be fabricated.
This is both expensive and time consuming.
The intent is to replace the lift station with a wet-well mounted pump station to allow the
pumps, electrical panel and top of the wet-well to be above ground. This station replacement
must be designed and permitted through the Florida Department of Environmental Protection.
Quentin L. Hampton Associates has provided a fee estimate for the engineering services,
contract administration and inspection services in the amount of $19,225.
Money was budgeted in the Renewal and Replacement Fund for the engineering services
and Community Development Block Grant Funding up to $89,700 has been approved for the
construction phase. Bids over that amount have been funded in the Renewal and Replacement
Budget.
STAFF RECOMMENDATION: Approve the request for engineering services to replace lift
station #5 located at 118 West Pine Bluff.
ACTION REQUESTED: A motion to authorize the City Manager to execute a work order to
Quentin L. Hampton Associates in the amount of $19,225 for engineering services related to the
replacement of lift station number five.
FINANCIAL IMPACT: (Finance Director) $19.225
BUDGET MENDMENT IS REQUIRED)
;y\ <- '
J n McKinney, Finance Director
YES _NO XX
PREVIOUS AGENDA ITEM:
YES_NO XX
Respectfully submitted,
~/~~
renda L. Dewees
Director of Environmental Services
Concurrence:
~~~lA)~
Robin L. Matusick
Paralegal
P.O. #7230
WORK ORDER NO. 2007-15
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT: LIFT STATION #5 REPLACEMENT
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2007-15 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal (attached and incorporated herein as Exhibit
"A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall period of
one hundred fifty (150) days.
COMPENSATION:
Fees for services are at a not-to-exceed amount of nineteen thousand two hundred twenty-five
and 00/1 00 dollars ($19,225.00). Each invoice shall also be accompanied by a written concurrence
from the Director of Environmental Services.
(Agreement/Quentin Hampton- WorkOrder#2007-15)
CITY OF EDGEWATER, FLORIDA
Dated:
By:
Tracey T. Barlow
City Manager
WITNESSES:
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:
Mark A. Hampton, P.E.
President
Dated:
(AgreementlQuentinHampton- WorkOrder#2007-15)
RICHARD W. FERNANDEZ. P.E.
MARK A. HAMPTON. P.E.
BRAD T. BLAIS, P.E.
DAVID A. KING. P.E.
ANDREW M. GIANNINI. P.E.
Quentin 1. Hampton Associates, Inc.
Consulting Engineers
P.O. DRAWER 290247
PORT ORANGE, FLORIDA 32129-0247
TELELPHONE: (386) 761-6810
FAX: (386) 761-3977
EMAIL: qlha@qlha.com
January 7, 2010
Brenda DeWees, Environmental Services Director
City of Edgewater
P.O. Box 100
Edgewater, FL 32032
CITY OF EDGEWATER
LIFT STATION #5 REPLACEMENT
ENGINEERING SERVICES FEE ESTIMATE
Dear Brenda,
In accordance with your request, we are pleased to offer the enclosed fee estimate for the above
referenced project. The exisl:ing iift station IS in neeu of repiacement. Proposed services illclude
preparation of plans, specifications, permit applications and bid documents for construction of one (1) new
station and associated mechanical and electrical components. The fee estimate also includes bidding
assistance and construction phase services.
Design and construction phase services, and estimated fees are detailed below:
Survey Allowance
Lift Station Design and Permitting
Bidding Assistance
Printing Allowance
Design Phase Sub-total
Contract Administration
Part Time Inspection (30 hrs@$57.50/hr)
Construction Phase Services
Total Design and Construction Phase Services
$ 2,000
$ 10,000
$ 2,000
$ 500
$14,500
$ 3,000
$ 1,725
$4,725
$19,225
It is estimated that design and construction activities will require approximately 90 days and 150 days,
respectively. Survey and printing expenses will be billed at actual cost. Permit application fees will be paid
directly by the City. Part time inspection was estimated at 30 hours; if additional inspection time is required
it wi!1 be billed under the general inspection continuing services contract. It Florida Saies fax becomes due
on professional services, the City shall reimburse QLH for the additional sales tax cost.
Thank you for this opportunity to continue'to be of service. If you have additional questions, or require
further assistance, do not hesitate to contact our office.
Sincerely,
QUENTIN L.
S ClATES, INC
---'.-h.'
BTB/jm
EW47
~~
~.
Project Engineer
AGENDA REQUEST
Station 55
Date: February 8, 2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT xx
BUSINESS
ITEM DESCRIPTION:
Approval of Architectural and Engineering Services for design, bidding and grant coordination for the construction of a
new Fire Station on the existing Fire Station 55 site.
BACKGROUND:
The City of Edgewater, Fire Rescue Department had been awarded a grant for $1.14 million dollars from FEMA to rebuild
Fire Station 55. The station was built nearly fifty years ago by a group of highly dedicated, motivated and qualified
volunteers. Through the years the station has suffered from the inevitable ravages of time and a string of rough tropical
weather seasons. Despite routine maintenance the station has reached the point of replacement. The station was
originally designed for training space, meetings and socializing. It was never intended to house round the clock
personnel. Living quarters, a kitchen and office space was added through the years. The resulting changes as well as
the size of the newer fire apparatus has resulted in the department outgrowing the current station. Construction of the
new fire station will meet the new, more stringent wind load and electrical requirements. By meeting these new
requirements, firefighters will have the ability to remain at this station during most severe weather situations. The station
will be equipped to meet new safety standards that were simply not available during the original construction such as
venting of exhaust fumes from apparatus and drive through apparatus bays that will eliminate the need for backing up
large vehicles.
STAFF RECOMMENDATION:
Staff recommends approval of the work order and purchase order to Quentin L. Hampton Associates, Inc. for the design,
bidding and grant coordination for the construction of a new Fire Station 55.
ACTION REQUESTED:
A motion to approve the work order and purchase order to Quentin L. Hampton Associates, Inc. for the design, bidding
and grant coordination for the construction of a new Fire Station 55 in the amount not to exceed $145,997 and approve
the necessary budget amendment.
FINANCIAL IMPACT:
The cost for the initial design bidding, and grant coordination will be absorbed within the current position vacancies and
lease cost savings. .I .Il
(Finance Director) 1~!11 ( ~f Budget Amendment Required YES _x_ NO
PREVIOUS AGENlITEM: YES --=-r If so, DATE: AGENDA ITEM #
Concurrence:
Robin L. Matusick
Paralegal
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SCOPE OF SERVICES AND FEE PROPOSAL
FIRE STATION #55
CITY OF EDGEWATER, FLORIDA
PROPOSAL FOR ENGINEERING SERVICES
GENERAL
This Scope of Services and Fee Proposal is in conformance with the Continuing Services
Agreement between the City of Hdgewater (City) and Quentin L. Hampton Associates, Ine
(QLH) that was executed in October 2005.
TASK 1- PRELIMINARY DESIGN PHAS~
During this phase, QLH will prepare the site layout and coordinate schematic design
activities of the architectural sub-consultant, (Schwelzer-Waldroff). Additional preliminary
design activities include a Levell environmental assessment and geotechnical analysis. A
sub-consultant proposal from Bechtol Engineering and Testing is attached for both the
Level 1 assessment and geotechnical analyses.
TASK 2 - FINAL DESIGN PHASE
The final design phase includes all aspects of creating the final plans, specifications and bid
documents. It includes: site plan preparation, utility drawings, landscape/irrigation,
architectural, structural, mechanical and electrical plans. The Architect, Schweizer-
Waldroff, will complete all building related planMsheets and coordinate referenced sub-
consultants. QLH will supervise the architect's activities and prepare all design documents
related to the site, utilities, stormwater systems and driveway access features.
QLH will handle submissions to regulatory agencies including City of Hdgewater, FDOT,
SJRWMD, VCHD and FDEP. Application fees win be paid by the owner.
Construction cost estimates will be prepared by the design team during this phase.
Additional tasks to be performed by the architect are detailed on the attached Scope of
Services by Schweizer--Waldroff.
TASK 3 - BIDDING ASSISTANCE AND GRANT COORDINATION
Contract Documents - The design team will prepare complete contract documents
including construction plans; general and technical specifications; and bidding/contract
documents (per City standard documents). They will also prepare a final opinion of
probable cost for the project.
Advertisement - The design team will assist the City in the advertisement for bids. QLH
will disttibute copies of the project documents to bidders, answer questions from bidders,
issue addendums as necessary, attend pre-bid conference and attend the bid opening.
Ewn Proposal el
\
Bid Evaluation - The design team will evaluate all submitted bids for accuracy
/ completeness and prepare bid tabulation. The qualifications of the low bidder( s) will be
evaluated. This work also includes the evaluation of any alternate bid work or materials.
QLH will deliver the bid tabulation and a Recommendation of Award letter to the City.
Grant Coordination - The team's grants coordinator will confirm that the bid documents
comply with the terms of the grant agreement and verify that public advertisement and
bidding procedures are conducted in accordance with Federal guidelines.
TASK 4 - TECHNICAL SERVICES DURING CONSTRUCTION
Contract Administration - QLH will administer the construction contract and supervise
on~site. Inspection services and contract administration services include ~cheduling and
moderating of pre-construction conference, monthly coordination meetings, inspections
and close-out QLH staff will prepare meeting minutes, reply to RFI's, answer contractor
questions, review shop drawings, periodiC pay requests and coordinate with the architect
and other sub-consultants.
Architectural Support - The attached proposal from Schweizer-Waldroff details proposed
tasks to be completed by the project architect
Grant Compliance - QLH staff will conduct job-site interviews for Davis-Bacon wage rate
compliance and monitor pay requests and shop drawings. Grant reimbursement requests
will be processed in conjunction with monthlr pay requests.
Resident Project Representative - QLH will provide the services of an on~site resident
project representative to monitor construction progress and document activities. This task
win be bUled on an hourly basis against the established allowance.
Schedule - The design phase of thi~ project is estimated to take approximately 6 months
following the Notice to Proceed. Upon completion of design, the bidding/award process
will require approximately 2 months followed by a construction period of approximately
10 months.
Exclusions - the scope does not include LEED certification, legal services, survey, l;,md
acquisition, easements, off-site utilities or other items not specifically detailed herein.
Estimated Fees - QLH will complete tasks 1, 2, 3 and 4 for the following fees:
I Task 1- Preliminary Design II
I a) Site Layout (survey by others) II $5,640
I b) Levell Environmental Survey II $2,500
I c) Geotechnical Services Allowance (soU borings, etc.) II $4,000
I d) Schematic Deslfm rSchweizer-Waldroft) II $16,177
[I Sub-Total Task 1 II $28,317
'eN77 Proposal eJ
Task 2 - Final Desim and Site Plan Approval II
a) Site. Plan Preparation II $16,000 I
b) Utility DesiRIl II $10,420 I
c) Landscape and Irrigation DesiRIl $3,500 I
d) DesiRIl Development (Schweizer-Waldroff) $21,570 I
e) Construction Documents (Schweizer-Waldroff) $43,140 I
f} Permitting and Regulatory Approvals $10,500 I
Sub-Total Task 2 $105,130
Task 3 - Bidding Assistance and Grant Coordination
a) Grant Coordination $5,800
b 1 Plan Distribution and Bid Review (includes $1,000 printing allowance) $6,750
SUb-Total Task 3 $12,550
Task 4 - Technical Services During Construction II
a) Contract Administration II $20,000 I
b) Architectural Assistance During Construction (Schweizer-Waldroff) \I $21,510
c) Grant Compliance \I $7,500
d) LEED Administration and Modeling II $15,000
e) Resident Project Representative (1,000 hrs @ $57.50/br) II $57,500
Sub-Total Task 4 II $121.570
Total Tasks 1 -4 II $267.567
Prepared by:
QUBNTIN L. HAMPTON ASSOCIATES, INC.
-Consulting Engineers-
December 22, 2009
EW77 Proposal el
~
SCHWEIZER
WALDROFF
ARCHITECTS
lncOlporoted
December 21, 2009
Brad Blais
QLH
PO Drawer 290247
Port Orange. FL 32129-0247 "
Dear Brad:
SCHWEIZER-WALDROFF ARCHITECTS. INC. Is pleased to submit this letter. which will seNe as our
Proposal for Architectural ServIces for Edgewater Fire Station 55. The parties to this Agreement are
Brad Blais, project manager with QLH and Prime Consultant with the City of Edgewater, hereinafter
called the uOwnet'. and Schweizer Waldroff Architects hereinafter called the uArchltecf'. for the
architectural services stipulated below.
The Owner will provide the Architect full information regarding the project scope and program, which will
set forth the Owner's design objectives. constraints, criteria and budget.
It Is the Intent of this letter to describe the Professional services to be rendered by our firm and the
corresponding remuneration.
SCOPE OF SERVICES:
The Architect will provide the architectural services described below for the design and construction of
Edgewater Fire Station 55.
THE ARCHITECT'S BASIC SERVICES
A. Schematic Design Phase
Consult with the Owner and City of Edgewater to determine the program specifics. goals, schedule and
related budget
Prepare preliminary bUilding and zoning code reqUirements to evaluate their Impact on the project.
Prepare sketches and diagrams to study strategic alternatives for the project.
Develop Schematic Designs responding to the Concept Design alternatives.
Provide final revisIons within the original Scope of Services to the Schematic Design Drawings reflecting
the Owner's review for approval.
Provide renderings as required for public presentations.
The Architect shall prepare Schematic Design PrIcing Documents from which an estlmate of the cost of
construction shall be prepared. This estimate may vary as the project progresses due to Changes In the
Scope or Quality of Construction and/or changes in the 11me of Construction." The Architect shail
endeavor to advise the Owner of such variations but shall not be required to quantify the changes. The
estimate is considered neither a fixed limit of construction cost nor a guarantee of such costs. Nor is it a
detailed construction cost estimate or quantity survey.
B. Design Development Phase
Based on the Schematic Design Documents approved by the City of Edgewater and any adJustments
authorized by the OWner In the program, schedule or construction budget. the Architect will prepare for
145 Canal Stre~t - New Smyrna Beach, Florida 32168 . 386-426'()456 . fax 386-426-5018 - swansb.com
License #AA-0003143
DESIGN PROPOSAL cant.
page 2
approval by the Owner, Design Development Documents conSisting of drawings and other documents to
fix and describe the size and character of the Project as to architectural structural, mechanical and
electrical systems, materials and such other elements as may be appropriate.
The Architect shall advise the Owner of any adjustments to the preliminary estimates of Construction
Cost.
C. Contract Document Phase
Based on the approved Design Development Documents any further adjustments In the scope or quality
of the Project or in the construction budget authorized by the Owner, the Architect shall prepare for
approval by the City of Edgewater Contract Documents cl?nslstIng of Drawings and Specifications setting
forth in detail the requirement for the construction of the Project.
The Architect shall assist the Owner In the preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract and the form of Agreement between the Owner and the Contractor.
The Architect shall advise the Owner of any adjustments to previous preliminary estimates of
Construction Cost indicated by changes in requirement or general market conditions.
The Architect snail assist the Owner In connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdictIon over the Project.
In the event that outside consultants (Structural, Mechanical, and/or Electrical Engineers) are required for
specific design conditions, the consultants would be hired by the Architect and expenses relating to such
services shall be passed on to the Owner. The Architect shall coordinate the work of the consultants and
include any required drawings and specifications within the Architect's Contract Documents.
D. Bidding and Plan Review Phase
The architect will assist the owner in selecting a qualified General Contractor.
The Architect will assist the owner/contractor In securing the construction permit by addressing Plan
Review Comments and modifying the documents as required
E. Construction Administration Phase
The Architect will provide periodic site observations to review the progress of the Work and its compliance
with the Contract Documents.
Architect shall visit the site at Intervals appropriate to the stage of the Contracto(s operations and keep
the Owner informed about the progress and quality of the portion of the Work completed. The Architect
shall report to the Owner any known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor.
The Architect shall review and certify the amounts due to the Contractor and shall Issue certificates in
sum amounts.
The Architect shall collect lien waivers prior to each payout
The Architect shall review and approve Contractor submittals such as Shop Drawings, Product Data and
Samples.
The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval
and execution.
The Architect shall conduct Inspections to determine the date or dates of Substantial completion and the
date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's
review and records, written warranties and related documents and shall issue a 1Inal Certificate for
Payment based upon a final inspection indicating the Work compiles with the requirements of the
Contract Documents.
If the Owner requests, the Architect wiil execute any reasonable certifications regarding the project.
145 Canal Street . New Smyrna Beach, Florida 32168 . 386426.0456.. fax 386-426-5018
swansb.com
License #M-0003143
DESIGN PROPOSAL cant.
page 3
BASIS OF COMPENSATION
This fee Is a fIXed number based on 7.5% of the probable bulfding construction cost of $1,438,000 plus
LEED Administration fees. A significant change in the scope of work would require an adjustment to the
fee.
Compensation for the Architecfs Services will be based on a Stipulated Sum (fIXed fee) of $122,850 for
PRE-CONSTRUCTION SERVICES, CONSTRUCTION ADMINISTRATION and LEED
ADMINISTRATION. The fees will be divided as follows:
Schematic Design 15%
Design Development 20%
Construction Documents 40%
Biddingl Plan Review ~
PRE.CONSTRUCTION DESIGN FEE 80%
$16,177
$ 21,570
$ 43,140
$ 5.393
$ 86,280
$ 21.570
$107,850 (7.5% of $1 ,438,000)
CONSTRUCTION ADMIN. FEE 20%
TOTAL BAStC FEE
LEED ADMINISTRATIN FEE
ENERGY MODELING FEE
$ 10,000
SO 5.000
TOTAL FIXED FEE
$122,850
Fee Includes the following:
Architectural Design & Construct/on Documents (including coordinatlon of consultants)
Structural Engineering
MEP/FP Engineering
lEED Administration for LEED Certification
Energy Modeling for LEED Certification
Fee does not Include the following:
Civil Engineering
Landscape Architecture
Interior Design
Signalization
Geotechnical Engineering
Commissioning (Fundamental or Enhanced)
Grant Reporting for Green Purchasing, or other documentation.
Compensation for Additional Services will be performed at the rate as indicated:
Principal Architect $110.00
Architect $90.00
Intern Architect $80.00 .
Senior Draftsman $80.00
Drafting Technician $65.00
Administrative $60.00
Student Intern $45.00
Interiors Assistant $45.00
Interior Designer $90.00
145 Canal Street · New Smyrna Beach, Aorlda 32168 . 386-426-0456 . fax 386-426-5018
swansb.com
License #AA-0003143
DESIGN PROPOSAL cont.
page 4
Reimbursable expenses shall be actual out-of-pocket expenses incurred by the Architect, including but
not limited to long distance communication, project related travel, pOstage or messenger service, expense
of reproduction of drawings, specifications and other documents for Owner's use, Owner requested
reproduction, photographic reproduction and expense of renderings and models. For Reimbursable
Expenses as described above, a multiple of one point one (1.1) times the expenses Incurred by the
Architect, the Architecfs employees and consultants In the interest of the Project shall be applied.
Additional Services
Additional Services include but are not limited to the following:
Prepare field dimensions and measured drawings of eXisting conditions.
Making revisions In Drawings, Specifications or other documents when such revisions are:
inconsistent with approvals or Instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents;
due to changes required as a result of the Owner's fallure to render decisions In a timely manner;
Providing services made necessary by the default of the Contractor, by major deficiencies In the work of
the Contractor or by failure of performance of either the Owner or Contractor under the Contract for
Construction.
Providing services In connection with a public hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
CONTRACTUAL TERMS
Invoicing will be. rendered on a monthly basis. Invoices are due within 15 days or receipt.
The Owner may terminate this Agreement at any Phase upon at least seven (7) days written notice to the
Architect. In the.event of termination, the Architect shall be compensated for all services performed to
termination date, together with reimbursable expenses incurred to date.
If this Agreement meets with your approval, please sign a copy and return it to our office.
We look forward to working on this exciting project with you. Please contact us if you have any questions
regarding the extent of our services or our compensation methods.
Sincerely,
Schweizer Waldroff Architects
Accepted by
wv
,.
Scott Waldroff
12/21/09
Brad Blais
Date:
145 Canal Street . New Smyrna Beach, Florida 32168 . 386-426-0456 . fax 386-426-5018
swansb.com
License #AA-0003143
OPERATIONS
I
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1.000.37 sq ft !
I
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I APPARATUS BAY ~ .
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,
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4,Z54.66 $l/ ft
ADMIN
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2.863.17 sq ft lWO BAY
1'.0" ..... ~,~Oz..8Z sq ft : ~~~.~':ft'
i .' ,-
EDGEWATER FS 55
Area Study
Doc..2l109
TWO BAY
2,863.17 sq It
1,000.37 sq ft
4,254.66 sq ft
8117 sqft x $180lsf-$1,'161,060
THREE BAY
4.202.82 sq ft
1,000.37 sq ft
4,Z54.66 sq ft
9.458 sq ft x $180 1st - $1,702,440
Page 1 of 1
5 Cousins
From: J Danigel
Sent: Monday, January 25, 2010 4:43 PM
To: S Cousins
Subject: FW: Fire Station #55
-----Original Messagem--
From: Brad Blais [mailto:bblais@qlha.com]
Sent: Monday, January 25, 20104:23 PM
To: J Danigel; TT Barlow; Brenda DeWees; John McKinney
Subject: Fire Station #55
Jill-
Per our discussions, design phase costs for the referenced project are $146,000 and are represented by Tasks 1-
3 of the attached proposal. It is very common to issue a PO for design phase services and delay the construction
phase services until bids are received and construction contracts awarded.
Thanks,
Brad T. Blais, P.E.
Vice President
Quentin L. Hampton Associates, Inc.
PO Drawer 290247
Port Orange, FL 32129-0247
(386) 761-6810
1/26/2010
AGENDA REQUEST
Date: January 29.2010
PUBLIC
HEARING X
RESOLUTION
ORDINANCE 02/08/10
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2010-0-02
An amendment of the City Charter by
Amending Article V "Elections", by
modifying Section 5/03( c) "Qualification of
Candidates" .
BACKGROUND
In 2008 the City amended the election provision set for in the Charter by adopting the V olusia
County Election Schedule of even-year elections. The modification included appointing the
V olusia County Canvassing Board to conduct all canvassing for the City during even -year
elections. These revisions resulted in a conflict with State requirements where our qualifying
period would be after the County of Vol usia deadline to get names on the ballot for early voting.
Therefore the proposed Ordinance would require the City to follow the qualifying period of the
Florida Election Code for each even-year election.
Florida Statute 100.3605 allows the City to amend the qualifying dates set for in the Charter by
Ordinance.
RECOMMENDATION
Staff recommends approving Ordinance No. 2010-0-02; Amending Article V "Elections",
Section 5.03(c) "Qualification of Candidates" of the City Charter.
ACTION REQUESTED
Motion to approve Ordinance No. 20 I 0-0-02.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
1/25/1 0
AGENDA ITEM NUMBER: 8D
Respectfully Submitted By:
1!xA\N_H\l)n~ D
Bonnie Wenzel, City Clef
~. ~.
~UA010KJ
Robin Matuslck, P egal
ORDINANCE NO. 2010-0-02
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA PROVIDING FOR AMENDMENT OF THE CITY
CHARTER BY AMENDING ARTICLE V "ELECTIONS",
BY MODIFYING SECTION 5.03(c) "QUALIFICATION OF
CANDIDATES"; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY,
CONFLICTING ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council approved Ordinance #2008-0-07 which
modified the City Charter election provisions by adopting the V olusia County
election schedule for elections to be held in even-numbered years with elected
officials taking office in the month of December following the election; and
WHEREAS, the above modification resulted in the extension of the seated
mayor and council members terms for a period of one year and one month; and
WHEREAS, Ordinance #2008-0-07 also appointed Volusia County to
conduct all required canvassing activity for general elections conducted in even-
numbered years for the City of Edgewater; and
WHEREAS, the revisions to the Charter resulted in a conflict with State
requirements where our qualifying period would be after the County of Volusia
deadline to get names on the ballot for early voting; and
WHEREAS, pursuant to the authority contained in Section 100.3605
(Conduct of municipal elections), Florida Statutes (2009), the City may, by
ordinance change the dates for qualifying and for the election of members of the
governing body of the City and provide for the orderly transition of office resulting
from such date changes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
SECTION 1. CHARTER AMENDMENT
Article V "Elections", Section 5.03(c) of the City Charter is hereby amended by
ordinance pursuant to the authority contained in Section 100.3605 (Conduct of municipal
elections), Florida Statutes (2009), and shall read as follows:
Struck through passages are deleted.
Underlined passages are added.
1
2010-0-02
ARTICLE V. ELECTIONS
Sec. 5.01.
Electors.
Any person who is a resident of the city, who has qualified as an elector of this state, and
who registers in the manner prescribed by general law and ordinance of the city, shall be an
elector of the city.
Sec. 5.02.
Nonpartisan elections.
All city council elections shall be conducted on a nonpartisan basis without designation
of political party affiliation.
Sect 5.03.
Qualification of candidates.
(a) Any person seeking to become a candidate for city council shall file a notice of
intention to become a candidate with the city clerk. Any person seeking to become a candidate
must be in compliance with the requirements of Section 3.03 at the time of filing the notice of
intention. In addition to information required by the election laws of the State of Florida, such
notice of intention shall include the following information:
(1) The candidates name and address.
(2) A declaration that the candidate is a qualified elector of the city.
(3) A declaration as to which office the candidate is seeking election and in
the case of a council member, the district from which the candidate seeks
to be elected. No person shall be a candidate for mayor and council
member at the same time and no person shall be a candidate for more than
one council seat in the same election.
(b) Each notice of intention shall be signed by the person seeking to become a
candidate and shall include a sworn affidavit attesting to the accuracy of the information
contained therein.
(c) Such notice of intention shall be filed with the city clerk any time after noon on
the first day of qualifying, \vhich shall be the fiftieth day prior to the first primary election, but
not later than noon of the 16tfl day prior to the date of the first primary at the time and dates as
established by the Florida Election Code of each even-numbered year, unless otherwise set by
adoption of a resolution of the City Council. The city clerk shall post in city hall notification of
the date of the first primary election no later than 90 days prior to the date of the first primary.
(d) At the time of filing such notice of intention to become a candidate, the candidate
shall also comply with all other requirements of the election laws of the State of Florida
applicable to candidates for municipal office.
Struclc through passages are deleted.
Underlined passages are added.
2
2010-0-02
Sec. 5.04.
Conduct of elections.
Except as provided in this Charter and by ordinance, all elections shall be conducted in
accordance with the election laws of the State of Florida.
Sec. 5.05.
Regular and primary elections.
(a) Regular city election. If only two candidates qualify for the office of mayor or for
the office of council member from anyone district, then the candidate receiving the highest
number of votes at the regular city election shall be declared elected.
(b) Primary election. If more than two candidates qualify for the office of mayor or
for the office of council member from anyone district, then there shall be a primary election held
at the time required by the election laws of the State of Florida. If any candidate in the primary
election receives a majority of the votes cast for that office, such candidate shall be declared
elected without the necessity of running in the regular city election. If no candidate receives a
majority of the votes cast for that office, the two candidates receiving the highest number of
votes in the primary election shall be declared candidates for that office and shall run in the
regular city election. The candidate receiving the highest number of votes in the regular election
shall be declared elected. In the case of a tie vote in the primary election the candidates shall be
determined pursuant to the election laws of the State of Florida.
Sec. 5.06.
Public information.
Dissemination of information and education of the public regarding city issues shall be
deemed a public purpose for which city funds may be expended. Principles of fairness and the
Code of Ethics shall govern the form and content of such efforts.
SECTION 2. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of
Sections 1 of this Ordinance shall become and be made a part of the Charter of the City of
Edgewater, Florida, pursuant to the authority contained in Section 100.3065 (Conduct of
municipal elections), Florida Statutes (2009); that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be
changed to "Section" or other appropriate word.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption.
SECTION 4. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Struck through passages are deleted.
Underlined passages are added.
3
2010-0-02
SECTION 5. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, that holding in no way affects the
remaining portions of this Ordinance.
SECTION 6. ADOPTION
After Motion to approve by Councilman Cooper and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on January 25,2010, was 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
After Motion to approve by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
Struelc through passages are deleted.
Underlined passages are added.
4
2010-0-02
PASSED AND DULY ADOPTED this 8th day of February, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
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, Sims,Wolfe, Ansay,
Kundid & Birch
Struck through passages are deleted.
Underlined passages are added.
2010-0-02
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
February, 2010 under Agenda Item No._.
5
AGENDA REQUEST
Date: January 28,2010
PUBLIC
HEARING February 8, 2010 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution No. 20 I 0-R-03
Modifying the By-Laws of the Citizen
Code Enforcement Board.
BACKGROUND:
Following a periodic review of the By-Laws of the City's advisory boards, staff recommends
revisions in regard to vacancies and amendment procedures.
At the January 14,2010 Citizen Code Enforcement Board meeting, the Board voted unanimously
to approve the By-Laws as presented.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No, 2010-R-03, modifying the Citizen Code
Enforcement By-Laws.
ACTION REQUESTED:
Motion to approve Resolution 20 I 0-R-03, modifying the Citizen Code Enforcement By-Laws.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO X
AGENDA ITEM #
Respectfully submitted,
Concurrence:
(2tl1f;lv~~
Tabitha Russell
Citizen Code Enforcement Board Coordinator
~~~~-<'-;i~~
Robin L. Matusick
Paralegal
RESOLUTION #2010-R-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; APPROVING MODIFICATIONS
TO THE CITIZEN CODE ENFORCEMENT BOARD BY-
LA WS; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the fol1owing determinations:
1. During the January 14, 2010 Citizen Code Enforcement Board meeting, the Board
voted to recommend revisions to their existing by-laws relating to the vacancies, meetings and
amendment procedures.
2. The revised/modified by-laws are attached hereto and incorporated herein as Exhibit
"A".
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. The City of Edgewater hereby approves the revised/modified Citizen Code
Enforcement Board By-Laws which are attached hereto and incorporated herein as Exhibit "A".
Section 2. Al1 resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After Motion by
with Second by
, the vote on this
resolution was as follows:
AYE
NAY
Mayor Michael Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
Councilman Ted Cooper
1
#20 1 0-R-03
PASSED AND DULY ADOPTED this 8th day of February, 2010.
ATTEST:
Bonnie A. Wenzel
City Clerk
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, Sims,Wolfe, Ansay, Kundid & Birch
#201O-R-03
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Michael Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
February, 2010 under Agenda Item No. 8_.
2
EXHIBIT "A"
CITY OF EDGEW A TER
CITIZEN CODE ENFORCEMENT BOARD
BY-LA WS
CITY OF EDGEW A TER
CITIZEN CODE ENFORCEMENT BOARD
BY-LAWS
ARTICLE I: Official Name
The official name of the Board shall be the Citizen Code Enforcement Board of the City
of Edge water, Florida, hereinafter referred to as "CEB".
ARTICLE II: Purpose and Intent
The purpose and intent of these By-Laws is to set forth a uniform set of procedures
whereby the City of Edgewater Citizen Code Enforcement Board may regulate the
manner in which it elects officers, conducts meetings, and otherwise carries out its
functions. The By-Laws are to serve as a guideline in handling all affairs pertaining to
the Edgewater Citizen Code Enforcement Board.
ARTICLE III: Membership
A. Voting Members and Appointments
1. The CEB shall have seven (7) voting members. Each member shall be
appointed by City Council for a term of three (3) years and shall be subject
to removal as set forth by Council. The terms of the appointment shall be
staggered.
2. A quorum shall consist of five (5) members. All recommendations and
actions of the Board shall require an affirmative vote of a majority of the
members present.
3. Prior to appointment, prospective members shall submit a City
application, stating herein a brief synopsis of their education, experience
and reason for their interest in serving on the CEB.
4. To be eligible for appointment, a prospective member shall be a resident
of the City of Edgewater.
5. No member of the CEB shall receive compensation for their service,
provided, however, that members may be reimbursed for out-of-pocket
expenses as approved by the City.
6. The CEB shall provide a written recommendation to City Council for the
appointment of a vacant seat or re-appointment of a Board member; all
current applications shall accompany the request.
B. Vacancies
1. During the term of appointment, should a member of the CEB change
residence, to the extent he or she would not be eligible for appointment to
the CEB, the member shall forfeit the office and it shall be deemed vacant.
CEB By-Laws
2. If a CEB member is absent for three (3) consecutive regular meetings, or
is absent four (4) total meetings during any calendar year, said member
shall forfeit the office and it shall be deemed vacant.
3. City Council may remove any member of the CEB from office at any
time.
4. Any vacancy occurring during the unexpired term of office of any member
shall be filled by City Council. The vacancy shall be filled as soon as
practical after it occurs.
c. Voting Conflicts
1. No member of the CEB shall vote upon any matter which would inure to
his or her special private gain or loss, or any principle by whom he or she
is retained, or by any relative or business associate.
2. No member of the CEB shall appear for or represent any person in any
matter before the CEB other than him or herself. No past member shall
appear before the CEB except when representing him or herself for a
period of twelve (12) calendar months after his or her service has ended.
ARTICLE IV: Election of Officers
A. Chairman
1. The Chairman shall serve as the presiding officer at all meetings and
hearings of the CEB and appoint any committees that are deemed
necessary.
2. The Chairman shall be elected by a majority of the voting membership
at the annual organizational meeting in the month of September and the
term of office shall be one year. The Chairman shall be eligible for re-
election.
B. Vice-Chairman
1. The Vice-Chairman shall be elected by the CEB from among its regular
members in the same manner as the Chairman and shall be eligible for
re-election.
2. The Vice Chairman shall serve as acting Chairman in the absence of
the Chairman and at such times shall have the same powers and duties
of the Chairman.
3. In the event of death, resignation or removal from office of the
Chairman, the Vice Chairman shall perform the various duties until
such time the CEB shall elect a new Chairman and Vice Chairman.
CEB By-Laws 2
C. Other Presiding Officers
The members of the CEB may select an additional member to preside over the
meeting(s) in the absence of the Chairman and Vice Chairman.
D. Board Coordinator
1. The board coordinator shall be provided by the City and be a City
employee.
2. The board coordinator shall prepare and distribute agendas,
correspondence and minutes and shall establish and maintain files to
ensure they are properly kept. All recorded meeting tapes shall be
provided to the City Clerk.
3. Any correspondence prepared by a member of the CEB shall be
provided to the board coordinator for distribution to the CEB members.
E. Professional Support
The City shall provide separate legal counsel for the CEB. It is preferred that
legal counsel shall be an attorney other than the City Attorney, but the City
Attorney may provide legal assistance in the absence of the CEB Attorney. He or
she shall provide the necessary legal support to the CEB.
ARTICLE V: Meetin2s/Hearin2s
A. Regular Meetings
Regular scheduled meting of the CEB shall be held on the second Thursday of
each month.
B. Special Meetings
Special meetings or hearings of the CEB may be called by the Chairman.
C. Requirements
All meetings shall be open to the public, provide due public notice, follows
Roberts Rules of Order and the Florida Sunshine Laws.
ARTICLE VI: Powers and Duties
A. The CEB shall exercise the following powers and duties:
1. Adopt rules for the conduct of hearings.
2. Hold hearings and impose administrative costs, fines and various non-
criminal, civil penalties to provide for an equitable, expeditious and
effective process to achieve compliance and/or enforcement of the
laws; Code of Ordinances, and statues in force in the City.
3. Subpoena alleged violators and witnesses to the hearing. Subpoenas
may be served by any law enforcement officer of the City or as
otherwise permitted by law.
CEB By-Laws 3
4. Subpoena evidence to the hearing.
5. Take testimony under oath.
6. Issue orders having the force of law to command whatever steps are
necessary to bring violation into compliance with City codes or
ordinances. However, any orders that require the City to expend
money or directs City employees to perform work, i.e., demolition or
repair of a structure, must be approved by the City Manager or City
Council before becoming effective.
7. CEB members are prohibited from InItIatmg Code compliance
complaints that may be presented to them in a hearing at a later date.
B. Conduct of Hearing
1. Hearings shall be held once a month, but may be held more or less
often as the demand necessitates. Minutes shall be kept of all hearings
and all such hearings shall be open to the public. The City Manager or
his designee shall provide clerical and administrative personnel as may
be reasonably required for the proper performance of his or her duties;
At any hearing, the Board may continue any matter to a future hearing
date.
2. Each case before the Board shall be presented by a code compliance
officer, a member of the City Administrative Staff, the City Attorney,
any Assistant City Attorney, or any special counsel. If the City
prevails in prosecuting a case before the Board, it shall be entitled to
recover all costs incurred in prosecuting said case and such costs may
be added to the fine and become part of any lien.
3. The Board shall proceed to hear the cases on the agenda for the
respective hearing. All testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, however,
fundamental due process shall be observed and shall govern all
proceedings.
4. At the hearing, the Board shall advise the alleged violator of the section
of the code of which he or she is accused of violating and the nature of
the violation. The Board shall first seek to determine whether or not
the alleged violator admits the violation. If the alleged violator admits
the violation, the Board shall hear such testimony and evidence as he or
she deems necessary to determine the extent of the violation and
appropriate fine amount. If the alleged violator denies that a violation
has occurred, the Board shall hear first from the City and any City
witnesses and evidence, and the alleged violator shall have the right to
cross-examine City witnesses. At the close of the presentation of the
CEB By-Laws 4
City's case against the alleged violator, the alleged violator shall be
permitted to present his or her evidence, testimony of other witnesses
and his or her own testimony in his or her defense. The City shall have
the burden of proving the violation by a preponderance of the evidence.
5. At the conclusion of the hearing, the Board shall issue findings of fact
based on the evidence of record and conclusions of law, and shall issue
an order affording the proper relief consistent with the powers granted
herein. The order may include a notice that it must be complied with
by a specified date, that a fine may be imposed for noncompliance, and
the cost of repairs may be included along with the fine under the
conditions specified in Section 21-121.04, Code of Ordinance, City of
Edgewater, if the order is not complied with by the prescribed date. A
certified copy of such order may be recorded in the public records of
V olusia County and shall constitute notice to any subsequent
purchasers, successors in interest or assigns if the violation concerns
real property, and the satisfaction of the fine. A hearing is not required
for the issuance of such an order acknowledging compliance.
C. Appeals
An aggrieved party, including the City, may appeal a final administrative order of
the Board by certiorari to the Circuit Court of Volusia County. Such an appeal
shall not be a hearing de novo but shall be limited to appellate review of the
record created before the Board. An appeal shall be filed within thirty (30) days
for the execution of the order to be appealed.
ARTICLE VII: Amendments
The By-Laws may be amended at a regular or special meeting of the CEB, provided that
a written notice shall have been sent to each member at least thirty (30) days in advance
of the vote, v/hich notice shall contain the proposed amendment. that an affirmative vote
of the maiority of the members present is obtained and approved by City Council.
Adopted by the Board this
day of
,2009
Chairman
ATTEST:
Tabitha Russell, Board Coordinator
CEB By-Laws
5
AGENDA REQUEST
C.A. #201O-SA-100l
Date: January 28, 2010
PUBLIC
HEARING February 8, 2010 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Richard Stonecipher of Stonecipher Enterprises, owner of Earthquake Magoon's, located at 132
W. Park Avenue is requesting a Special Activities permit for an Annual Bike Week Oyster Roast
to be held March 5, 2010.
No outdoor amplified noise is proposed.
BACKGROUND:
The event is scheduled for March 5, 2010, with the hours of operation being from 12:00 p.m. to
7:00 p.m. The applicant will be responsible for any law enforcement and other expenses the City
incurs during this event. Property owners within 500-feet have been notified of the public
hearing.
STAFF RECOMMENDATION:
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow Earthquake Magoon's to have an Annual Bike Week Oyster
Roast to be held March 5, 2010, based on the following conditions:
1. Access must remain readily accessible to the rear of the building to allow emergency
vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration of
the permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Chapter 10, Health, Sanitation, Maintenance and Code
Enforcement, Article II, Noise of the Code of Ordinances;
5. No parking is permitted in public right-of-ways or in the site visibility triangle;
6. No off-site signs permitted.
ACTION REQUESTED:
Motion to approve the special activities permit to allow Earthquake Magoon's to have an Annual
Bike Week Oyster Roast to be held March 5, 2010 based on staffs recommendations.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO X
AGENDA ITEM #
Concurrence:
~J '~~'
~-r""'j UAPjf' Y' .)
Robin L. Matusick
Paralegal
~/P
;;:racetrtBarlOW
City Manager
Darren L ar
Development Services Director
SPECIAL ACTMTY PERMIT
EARTHQUAKE MAGOON'S
132 W. PARK AVENUE
EDGEW A TER, FLORIDA 32132
APPLICANT-Richard Stonecipher
FUNCTION: Bike Week Oyster Roast
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for Earthquake Magoon's Bike Week Oyster Roast,
to be held March 5, 20 I 0 with the hours of operation being from 12:00 p.m. to 7:00 p.m. (1 day at
$300.00 per day. Fee of $300.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.)
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the Development
Services Department for staff review. Applicant must obtain written permission from all property
owners granting authorization to use their property for this event, including use for parking
facilities. Applicant will supply adequate manpower for parking vehicles during the event.
5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of $200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event. (Including potable water, if necessary)
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on
site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Building Department. All signs shall be
removed within I day of the end of the event.
10. The proposed use is limited to a specific period of time listed on the Special Activity Application,
not to exceed two days.
II. The number of special activities at any given location or address shall not exceed one 10-day
period and two I-day charitable events/activity between the dates of January I st through June 30th;
and one 10-day period and two I-day charitable events/activity between the dates of July I sl
through December 31 Sl. A letter of authorization from property owner must be supplied to the
City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshal shall verify such compliance is obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at
all times and be readily available. The quantity of fire extinguishers to be determined by the Fire
Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections (800-375-
6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be eligible
for a special activity permit for a one-year period. A repeat offender is defined as a
sponsor/promoter who violates any of the conditions of the special activity permit more than one
time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit "A"
attached. )
2
27. A Special Activity requesting road closures will provide "road closure signs" and barricades.
28. A special activity with heavy/congested vehicular and!or pedestrian traffic will provide
"congested area ahead" signs along with an additional generated light system that will illuminate
the area of crossing/congestion.
29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder
shall comply with the City's determination. Special Activity permit is subject to revocation if
owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit "B", attached.)
30. No outdoor entertainment and no amplified public address system shall be permitted.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. Driveways must remain readily accessible to the rear of the building to allow emergency vehicle
access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit,
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REOUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed! Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, Development Services Director
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development
Services Director
3
21-38.03 - Site Triangle Requirements
EXHIBIT "A"
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
CORNER LOT
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EXHIBIT "B"
ARTICLE II - NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table I, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Catee:orv Time Sound Level Limit
(dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
AGENDA REQUEST
Date: January 22,2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS February 8. 2010
CONSENT
ITEM DESCRIPTION: A ward Bid for Eastern Shores Stormwater Improvements Project to
Barracuda Building Corporation for $545,749.05.
BACKGROUND: On February 23,2007, the City of Edgewater entered into an agreement with
the Florida Department of Environmental Protection for a grant funded by the Environmental
Protection Agency for storm water quality improvements in and around the Eastern Shores
Mobile Home Park. B&H Consultants was retained to provide engineering work and
construction documents. Twelve bids were received on January 12, 2010, with Barracuda
Building Corporation submitting the lowest bid at $545,749.05. Jim Shira of B&H Consultants
has reviewed the bid, along with staff, and find the bid to be complete.
STAFF RECOMMENDATION: Staff recommends awarding the bid to Barracuda Building
Corporation in the amount of$545,749.05.
ACTION REOUESTED: A motion to award the bid for the Eastern Shores Stormwater
Improvements Project to Barracuda Building Corporation and authorize the Mayor or the City
Manager to execute the agreement.
FINANCIAL IMPACT: (Finance Director) $545,749.05
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
JO~in!l~~
YES xX NC
.;.
PREVIOUS AGENDA ITEM:
Ifso, DATE:
YES NO
-
AGENDA ITEM #
~tfullY submitted,
~~/&t~
renda L. Dewees
Director of Environmental Services
Concurrence:
~T/I)~
Robin L. Matusick
Paralegal
Planning . Engineering . GIS Services
January 13,2010
Ms. Brenda Dewees
Environmental Services Director
P.O. Box 100
Edgewater, FL 32132-0100
Re: Bid Review - Eastern Shores Stormwater Improvements Project
Dear Brenda,
I've reviewed the twelve bids that were submitted for this project. In the interest of time,
I am submitting this report to you via email, and I've attached an Excel file that provides
a breakdown of the bids.
The Engineer's Estimate for the project, adjusted to reflect modifications made by
addendum, was $503,385.00. The low base bid, submitted by Barracuda Building Corp.
was $521,117.45 a difference of only 3.5% from the Engineer's Estimate.
There are several different permutations that need to be considered in the award of this
bid. Because the work is primarily along the side of Marion, Eaton and Dayton Streets, it
was felt that pavement repair would not be needed beyond the middle of each street and
the pavement repair line item on the bid form reflected that. However, because the
resulting "half and half' appearance might be objectionable to local residents, you asked
that we incorporate the Add-Alternate bid item to provide resurfacing of the "other" half
of the streets, resulting in a full width finished pavement surface. The first decision
therefore, is whether or not to accept the add-alternate and include that amount as part of
the award.
The bid documents allowed bidders to propose substitutions, and three of the bidders
included proposed reductions in their bid amounts based on the substitution of high
density polyethylene pipe (HDPE) for the specified reinforced concrete pipe (RCP).
Those reductions ranged from $26,257.00 to $70,116.00. Barracuda did not propose any
substitutions.
It is important to note that the bid submitted by Barracuda is still the lowest bid, even
taking into account the reductions that might be realized by accepting the substitutions.
827 W. Montrose Street. P.O. Box 121566 . Clermont, Florida 34712-1566
The following is a recap of the bids submitted by the three lowest bidders for each
permutation:
BASE BID
Barracuda Building Corp.
C&C Site Development
Masci Corp.
$521,117.45
$542,666.54
$575,440.09
BASE BID
WITH SUBSTITUTIONS
Barracuda Building Corp. $521,117.45
C&C Site Development $542,666.54
Support Construction, Inc. $547,129.71
BASE BID
WITH ADD-AL TERNA TE
Barracuda Building Corp. $545,749.05
C&C Site Development $588,365.34
Masci Corp. $593,661.09
BASE BID
WITH SUBSTITUTIONS AND ADD-ALTERNATE
Barracuda Building Corp. $545,749.05
Support Construction, Inc. $568,303.31
C&C Site Development $588,365.34
You can see that in each case, the bid submitted by Barracuda is the lowest. Barracuda
submitted all of the required supporting forms and documents with their bid, and there
were no mathematic errors on their bid form.
As noted above, if the City elects to accept the Add-Alternate, the resulting finished
pavement on Marion, Eaton and Dayton will be much more aesthetically pleasing, and
will help improve the overall appearance of the area.
My recommendation, assuming all of Barracuda's references are acceptable, is to award
this bid to Barracuda Building Corp. and to include in that award, their Add-Alternate
amount of$24,631.60. This will result in a total award amount of $545,749.05.
If you have any questions, please let me know.
Sincerely,
B&H Consultants, Inc.
I~u~
James W. Shira, P.E.
Vice President
SECTION 00500
SCOPE OF WORK AGREEMENT
THIS AGREEMENT is dated as of the day of in the year 2010 by and
between the City of Edgewater, Florida, a municipal corporation, hereinafter called the OWNER, and
, hereinafter called the CONTRACTOR.
OWNER and CONTRACTOR, in consideration or the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
BID #09-PW-011
EASTERN SHORES STORMWATER IMPROVEMENTS
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
This overall project includes provision of all material, labor and supplies necessary to
install approximately 4,330 total linear feet of reinforced concrete pipe in sizes ranging
from 15" diameter to 60" diameter, approximately 38 stormwater structures and one baffle
box. The work also includes restoration of approximately 3,800 square yards of pavement
anticipated to be removed or damaged during construction of the stormwater pipes
and/or structures. The work also includes miscellaneous work including, but not limited
to, sodding, seeding, and all other work necessary to provide a workmanlike finished
product.
ARTICLE 2. ENGINEER
B&H Consultants, Inc., who is hereinafter called ENGINEER and who is to act as Owner's representative,
assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work shall be Substantially Complete as follows:
3.1.1. The Work shall be Substantially Complete (All Work complete except for the placement of
permanent pavement markings on all final asphaltic concrete surfaces; The entire Work
shall be complete and ready for its intended use; Work to be completed shall include
final dressing and cleanup) in One Hundred Fifty (150) consecutive calendar days from
the effective date of Notice to Proceed as provided in paragraph 2.3 of the General
Conditions (Commencement of Contract Time; Notice to Proceed).
3.2 The Work shall be Finally Completed and ready for final payment in accordance with the General
Conditions (Final Payment and Acceptance) within One Hundred Eighty (180) consecutive
calendar days from the effective date of the original Notice to Proceed as provided in paragraph
2.03 of the General Conditions (Commencement of Contract Time; Notice to Proceed). Placing
of permanent pavement markings on all final asphaltic concrete surfaces shall not be
accomplished prior to thirty (30) calendar days after placement of the final surfaces. The
Changing of Contract Time will be suspended during the thirty (30) calendar day period provided
the Work is considered as Substantially Complete as provided in paragraph 3.1 above. The
Changing of Contract Time will resume on the 31st day.
3.3 As provided in paragraphs 3.1.1 and 3.2 above, the Work will be substantially completed on or
before ,20_ and completed and ready for final payment on or before
,20 .
3.4 CONTRACTOR recognizes that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in above, plus any
extensions thereof allowed in accordance with the General and Supplementary Conditions.
Contractor acknowledges that proving the actual loss and damages suffered by OWNER if the
Work is not completed on time is impracticable and not susceptible to exact calculation.
Accordingly, instead of requiring any such proof, CONTRACTOR agrees that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand
Dollars ($1,000.00) for each day that expires beyond the time specified in paragraph 3.3 above
for substantial completion and Two Thousand Dollars ($2,000.00) for each day that expires
beyond the time specified in paragraph 3.3 above for final completion (readiness for final
payment).
3.5 In addition to the liquidated damages, there shall be additional incidental damages paid by the
Contractor to the Owner for failure to timely complete the work. These may include, but not be
limited to, delay damage settlements or awards owed by Owner to others, inspection and
engineering services, interest and bond expense, delay penalties, fines or penalties imposed by
regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred
by Owner in connection with Contractor's failure to timely complete the work.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum Contract Price of
(words)
($
(numbers)
or unit prices presented on the Bid Form, Schedule of Bid Items attached to this Agreement.
4.2 The CONTRACTOR agrees that the Contract Price is a stipulated sum except with regard to
those items in the Bid which are subject to unit prices and agrees to perform all of the WORK as
described in the CONTRACT DOCUMENTS, subject to additions and deductions by Change
Order, and comply with the terms therein for the Total Base Bid stated in the attached Bid
Schedule of the Bid Form.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR'S properly submitted and approved Applications for
Payment as recommended by ENGINEER not later than the tenth day after the end of each
month for which payment is requested as provided in paragraphs 5.1.1 and 5.1.2 below. All such
progress payments will be on the basis of the progress of the Work measured by the Schedule of
Values established in paragraph 2.9 of the General Conditions (Finalizing Schedules) (and in the
case of Unit Price, Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
5.1.1 Progress payments will be made in an amount equal to the percentage indicated below,
but, in each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions (Review of Application for Progress
Payments).
Ninety percent (90%) of the value of Work completed, and ninety percent (90%) of the
value of materials and equipment not incorporated into the Work but delivered and
suitably stored and accompanied by documentation satisfactory to OWNER as provided
in paragraph 14.2 of the General Conditions; with the balance of the value of the Work
being retainage. At the sole discretion of the Owner, after fifty percent (50%) of the Work
is completed, further monthly progress payments may be made in full, with no additional
retainage, provided that: (a) Contractor is making satisfactory progress, and (b)
Contractor is in full compliance with the currently accepted progress schedule, and (c)
there is no specific cause for greater withholding. However, the Owner may
subsequently resume retaining ten percent (10%) of the value of Work completed and
materials delivered if, in the sole determination of the Owner, the Contractor is not
performing according to the Contract Documents or not complying with the current
progress schedule.
5.2 Final Payment - Upon final completion and acceptance of the Work in accordance with Paragraph
14.13 of the General Conditions (Final Payment and Acceptance), as supplemented, OWNER
shall pay Contractor an amount sufficient to increase total payments to 100 percent of the
Contract Price. However, not less than two percent ( 2% ) of the contract price shall be retained
until Record Drawings, specifications, addenda, modifications and shop drawings, including all
manufacturers instructional and parts manuals, are delivered to and accepted by the ENGINEER.
ARTICLE 6. INTEREST
All monies not paid when due as provided in Article 14 of the General conditions shall bear interest at the
rate of 6% simple interest per annum.
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance and furnishings of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in Section 00200 "Information Available to Bidders".
7.5 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)
all such additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to
the site or otherwise which may affect costs, progress, performance or furnishing of the Work or
which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident
thereto. CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the Work
at the Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.6 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at
the site that relates to the Work as indicated in the Contract Documents.
7.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.9 CONTRACTOR shall perform work with a value of not less than fifty percent (50%) of the
Contract Price with his own forces.
ARTICLE 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work are attached to this Agreement, made a part hereof and consist of the following:
8.1 This Agreement (Section 00500) (pages ...1.. to .Q., inclusive).
8.2 Exhibits to this Agreement (sheets _ to _' inclusive).
8.3 Performance Bond, Payment Bonds and Certificates of Insurance (Sections 00610, 00620 and
00650, respectively).
8.4 Notice of Intent to Award and Notice to Proceed (Sections 00840 and 00841, respectively).
8.5 General Conditions (Section 00700 - NSPE - ACEC Document 1910-8 (2002 Edition), as
modified and supplemented.
8.6 Supplementary Conditions (Section 00800).
8.7 Project Manual bearing the general title" BID #09-PW-011, EASTERN SHORES STORMWATER
IMPROVEMENTS, CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA - October 2009 and
consisting of Divisions 0 through 16, as listed in the Table of Contents thereof, including Invitation
to Bid (Section 00020) and Instructions To Bidders (Section 00100)
8.8 Drawings consisting of a cover sheet and the sheets bearing the following general title:
BID #09-PW-011
EASTERN SHORES STORMWATER IMPROVEMENTS
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
8.9 Addenda numbers _1_ to _3_, inclusive.
8.10 CONTRACTOR'S Bid (Section 00300) (Pages _ to _' inclusive).
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ to _'
inclusive).
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 (Definitions) of the General
Conditions shall have the meanings indicated in the General Conditions, as modified in the
Supplementary Conditions.
9.2 No assignment by a party hereto of any rights under, or interests in, the Contract
Documents will be binding on another party hereto without the written consent of the party sought
to be bound; and specifically, but without limitation, moneys that may become due, and moneys
that are due, may not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may
assign this contract to the State of Florida or any political subdivision, municipality, special district
or authority thereof without Contractor's consent and without recourse.
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and
legal representatives to the other party hereto, his partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the Contract
Documents.
9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner
that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may
be brought by either of the parties hereto against the other on any matters concerning or arising
out of this Agreement.
9.5 Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on his
behalf.
This Agreement will be effective on
,2010.
CONTRACTOR:
ATTEST:
BY:
(Signature)
WITNESSES:
NAME:
(Print)
TITLE:
OWNER:
APPROVED:
WITNESSES:
CITY OF EDGEWATER, FLORIDA
(City Manager)
FOR USE AND RELIANCE ONLY BY
THE CITY OF EDGEWATER, FLORIDA
APPROVED AS TO FORM AND LEGALITY
APPROVED BY CITY OF EDGEWATER
CITY COUNCIL AT A MEETING
HELD ON , 2010
this
day of
,2010
CITY ATTORNEY
BY:
END OF SECTION
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AGENDA REQUEST
Date: January 28,2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS February 8. 2010
ITEM DESCRIPTION: Approval of Construction and Inspection Services for the Eastern
Shores Project with B & H Consultants, Inc. in the amount not to exceed $16,330.00.
BACKGROUND: With the approval of the construction of the Eastern Shores Project, it will
be necessary for various on-site construction inspections from the engineer along with contract
administration tasks, such as reviewing shop drawings, pay requests, as-built drawings and
preparing the final certification forms to the St. Johns River Water Management District. B&H
Consultants prepared the construction documents, plans and permit applications. They have
prepared a proposal for $5,330 for contract administration and $11,000 for construction
monitoring and inspections for a total of $16,330. The Construction monitoring will be billed on
an actual cost basis.
STAFF RECOMMENDATION: Staff recommends approval of the work order and purchase
order to B&H Consultants, Inc. for the Contract Administration Services and Inspection services
for the Eastern Shores Project in the amount not to exceed of $16,330.
ACTION REQUESTED: A motion to approve the work order and purchase order to B&H
Consultants, Inc. for the Contract Administration Services and Inspection services for the Eastern
Shores Project in the amount not to exceed of $16,330 and approve the necessary budget
amendment.
FINANCIAL IMPACT: (Finance Director) $16,330
YES X NO
Jo
PREVIOUS AGENDA ITEM:
YES
NO X
Respectfully submitted,
~A /flllalU<)
Brenda L. Dewees
Director of Environmental Services
Concurrence:
Robin L. Matusick
Paralegal
P.O. #
WORK ORDER NO. 2007-10
AGREEMENT FOR ENGINEERING SERVICES
B & H CONSULTANTS, INC.
PROJECT: EASTERN SHORES - CONSTRUCTION PHASE SERVICES
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: B & H Consultants, Inc.
Execution of Work Order Number 2007-10 by the City, shall serve as authorization for
Engineer to provide additional professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform
the additional professional services as listed in the attached Proposal (attached and incorporated
herein as Exhibit "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall
period of six (6) months.
COMPENSATION:
The fee for services listed in Exhibit "A" are sixteen thousand three hundred thirty and
00/100 dollars ($16,330.00). There will be additional charges for reimbursable costs, including
but not limited to copies, report materials, postage and mileage.
Each invoice shall also be accompanied by a written concurrence from the Development
Services Director.
(AgreementlB&H-WorkOrder#2007-10)
Dated:
WITNESSES:
(Agreement/B& H - W orkOrder#2007 -10)
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
City Manager
B & H CONSULTANTS, INC.
By:
Dated:
2
James W. Shira, PE
Vice-President
Planning . Engineering . GIS Services
January 28, 2010
Ms. Brenda Dewees
Environmental Services Director
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
Re: Proposal for Eastern Shores Storm water Improvements Project
Construction Phase Services
Dear Ms Dewees,
As requested, B&H Consultants, Inc. (B&H) is submitting this fee proposal for
professional engineering and construction observation services to be performed during
the course of construction of the Eastern Shores Storm water Improvements Project.
The Scope of Services covered by this proposal is separated into two distinct parts with
Part I being Professional Engineering Services, and Part II being Construction
Observation services.
The Agreement for the referenced project between the City and the Contractor provides
that construction is to be complete within 180 days from Notice to Proceed and this
proposal is therefore based on a project duration of 180 days (6 months).
Scope of Services
Part I - Professional Engineering Services:
Review monthly pay requests, prepare payment recommendation memo:
Based on 6 pay request submittals: $2,340.00
Review Shop Drawings for pipe, structures and Baffle Box:
Based on maximum of 13 hours of review time: $1,690.00
Review As-Built Drawings, prepare and submit WMD Certification forms:
Based on maximum of 10 hours: $1,300.00
Total fee for Part I Services (includes no on-site monitoriD!!): $5.330.00
827 W. Montrose Street. P.O. Box 121566 . Clermont, Florida 34712-1566
Planning . Engineering . GIS Services
The hours shown for Part I services above are based on our anticipation of clear, legible,
mathematically correct submittals. If submittals are not satisfactory, and additional time
is required to review re-submittals, such additional time will be charged and billed at our
standard hourly rate.
This proposal also assumes that the Contractor will submit clear, legible As-Built
drawings signed and sealed by a licensed surveyor, and that all substantial deviations
from the contract drawings are clearly shown and annotated. Such As-Built drawings are
needed in order to prepare the certification of completion for submittal to SJRWMD.
Additional review and/or coordination time spent by B&H due to lack of adequate As-
Built drawings will be charged and billed at our standard hourly rate.
Part I services do not anticipate anyon-site time for the engineer. If such on-site time is
requested by the City, time will be charged portal to portal and will be billed at our
standard hourly rate.
Scope of Services
Part II - Construction Observation Services:
It is our understanding that the City plans to provide construction observation services
using City personnel. If the City requests that we provide a construction observer for
certain parts or phases of the project, we will do so, with adequate advance notice, at a
base hourly rate of $55 charged portal to portal.
Because we cannot predict the amount of time the City may want such service, we offer
the following as two possible scenarios:
1. B&H construction observer on site for 2 hours per day (S hours portal to
portal), for 2 days per week for 12 weeks of the 24 week construction
duration:
S hours/trip X 2 trips/week X 12 weeks = $6,600.00
Please note that in order for me to certify completion of the project to the SJR WMD, the
project must have been subject to .. ...on--site observation of the system by me or by my
designee under my direct supervision... "I The construction observation time described
above would be insufficient for this purpose, and my certification of completion would
rely on on .. ...my review of as-built plans certified by a registered professional or land
surveyor... "
I As Built Certification Form 40C-1.I81 (13)
827 W. Montrose Street. P.O. Box 121566 . Clermont, Florida 34712-1566
Planning . Engineering . GIS Services
Alternatively, we,ekly construction observation could be provided which would be
sufficient in scope to allow certification of completion. For this purpose, we would
propose the following schedule:
2. B&H construction observer on site for 2 hours per day (S hours portal to
portal), for 2 days per week for 20 weeks of the 24 week construction
duration:
S hours/trip X 2 trips/week X 20 weeks = $11,000.00
If the constructed project contains "substantial deviations" from the approved
construction drawings, a complete set of As-Built drawings will be needed for
examination and for submittal to SJR WMD accompanying the cerification of completion
form.
To summarize, we can provide construction observation sufficient to allow certification
of completion for a fee of$II,OOO. We will monitor the progress and will be in charge of
making sure that any "substantial deviations" are noted and annotated on the As-Built
drawings.
Or, if the City prefers to provide the bulk of the construction observation services,
including monitoring for "substantial deviations" and coordinating with the Contractor to
make sure any such deviations are noted and annotated on the As-Built drawings, we can
provide supplementary observation services at the hourly rate of $55 portal to portal.
SPECIFICALL Y EXCLUDED FROM SCOPE OF SERVICES
The following services are excluded from this proposal:
· Environmental, Wetland or Surface Water monitoring of any type,
· Geotechnical investigation services,
· Surveying services,
· Any other services not specifically defined in the above Scope of Services.
827 W. Montrose Street. P.O. Box 121566 . Clermont, Florida 34712-1566
Planning . Engineering . GIS Services
We are able to begin work on this project immediately upon our receipt of your notice to
proceed. If this proposal is acceptable to you, please provide us with a written notice to
proceed indicating a start date.
If you have any questions on this proposal, please let me know.
Sincerely,
B&H Consultants, Inc.
I~ C/.~
James W. Shira, P.E.
Vice President
827 W. Montrose Street. P.O. Box 121566 . Clermont, Florida 34712-1566
MAR 1 (items due 2/18 at noon)
MAR 15 (items due 3/4 at noon)
APR 5 (items due 3/25 at noon)
APR 19 (items due 4/8 at noon)
MAY 3 (items due 4/22 at noon)
MAY 17 (items due 5/6 at noon)
JUNE 7 (items due 5/27 at noon)
JUNE 21 (items due 6/10 at noon)
JULY 5 (items due 6/24 at noon)
JULY 19 (items due 7/8 at noon)
TENTATIVE AGENDA ITEMS
F:\Council Agenda's\Tentative Agenda List\201O\03-01-10.docx