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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 Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 2 · 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 Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 3 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. Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 4 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 . . Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 5 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 . Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 6 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 . Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 7 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. Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 8 (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. Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 9 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. Contract for Planning Consulting Services Economic Development Strategic Plan, Finding of Necessity, and CRA Creation/Master Plan Page 10 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. Contract for Planning Consulting Services 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 ::.:':i~~~f."';}~.~.~,:;;!:?~(~,~~I~;;:;;;!:,~:};~'::c~~ig~~l:~;,:)?:. .... .. .' ..... BRADT.'BI:AI8,P.E:' , .~. .'. . :" '."': : '. ''';:.,.': ' .... :. : CtiniultlngE1lfii.neers" :;..... ':";::: '~:'" '.' '.'::: i'i.'.:' ,:. 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""".' ......~... '. ...... .... ; ".',,,," ..";. ..' ...' , ........." "","'; ". ./C .. .. . :'. . 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 I I .. . -...- ..- " .........._--1 I I I i I 1.000.37 sq ft ! I ... ........ 'r'''' -.. .-- .__L ........ .. ... ... - ....--.....---.--..-----. -..- I ";..>..,,..,. ; .:.., .:""-r'" '.'. I APPARATUS BAY ~ . i 1,1.':'.~~ .;-': , : I I I ; i ! i L_. 4,Z54.66 $l/ ft ADMIN U.'1"':..;.,1.~ " ',' 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 ~ ::J In (/) > Il.. o W Z J DV'S'BILrTY T~lAflGLt 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. 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UI r- eo N en -.,.. <0 "'" ~ ~ ~ ~ ~ ........ ~ "'" m ~ ...... ~ Co @ ........ <0 ~ -.,.. C1l In C1l ~ ~ "tJ (') ~ CD CD ~ ~ ~ 8 8 I\) ~ I\) 8 [$ " I\) 8 8 8 8 ::0 !' w 0 w UI 0 0 CD en CD 0 (:) 8 (:) 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 0 m 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