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10-05-2015 Cit of Ed ewater 104 N. Riverside Drive Y g Edgewater, FL 32132 Ciiy aF VDGEWATER Meeting Agenda City Council Michael Ignasiak, Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Monday, October 5,2015 6:00 PM 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. APPROVAL OF MINUTES -None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS -None at this time 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three(3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. AR-2015-108 Authorization for the City Manager to execute contracts with Cloer and 4 Sons Inc. and Samsula Waste Inc. for Green Waste Disposal. Attachments: Cloer contract Samsula Waste contract RFP 15-ES-007-Green Waste Disposal -Opening Documents City of Edgewater Page 1 Printed on 10/2/2015 City Council Meeting Agenda October 5,2015 b. AR-2015-121 Requesting authorization for the City Manager to execute a contract for 5 the Construction of a Water Main under 1-95 with DBE Management Services, Inc., dba DBE Utility Services. (ITB 15-ES-010) Attachments: BID TAB Schedule of Values and Engineers Estimate 2015-09-16 DBE Management, Inc contract C. AR-2015-123 East Thomas Street Septic Tank Elimination and Stormwater 2 Improvements Engineering Services Attachments: Scope of Services/Fee Proposal 8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS-None at this time 9. BOARD APPOINTMENTS-None at this time 10. OTHER BUSINESS a. AR-2015-121 Tentative Events Schedule Funding 6 b. AR-2015-123 Discussion regarding Employee Service Recognition Policy 1 Attachments: Employee Service Recognition Policy C. AR-2015-124 Kennedy Park Handicap Parking 0 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN City of Edgewater Page 2 Printed on 10/2/2015 City Council Meeting Agenda October 5,2015 Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Brown, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. City of Edgewater Page 3 Printed on 10/2/2015 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File #: AR-2015-1084, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Authorization for the City Manager to execute contracts with Cloer and Sons Inc.and Samsula Waste Inc.for Green Waste Disposal. DEPARTMENT: Environmental Services SUMMARY: The City broadcast Request for Proposals RFP 15-ES-007 - Green Waste Disposal on July 8, 2015. The following two (2) firms submitted proposals: Cloer and Sons,Inc. Samsula Waste Inc. The Evaluation Committee met on August 19,2015 and reviewed the submitted proposals.Based on the stated evaluation criteria,the committee unanimously recommended the contract be awarded to Cloer and Sons Inc.for Green Waste Disposal. After additional review,staff determined with would be in the best interest of the City to execute contracts with multiple vendors and therefore recommends City Council authorize the City Manager to execute contracts with Cloer and Sons Inc.and Samsula Waste, Inc.for Green Waste Disposal BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to authorize the City Manager to execute contracts with Cloer and Sons Inc.and Samsula Waste Inc.for Green Waste Disposal. City of Edgewater Page 1 of 1 Printed on 9/25/2015 powered by LegistarTM CONTRACTOR SERVICES AGREEMENT GREEN WASTE DISPOSAL Request for Proposal (RFP)#15-ES-007 THIS AGREEMENT is made and entered into this day of , 2015, by and between Cloer and Sons, Inc. , duly authorized to conduct business in the State of Florida and whose address is, hereinafter, called "CONTRACTOR" and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 32132, hereinafter called "CITY". SECTION 1. AGREEMENT. The terms of this Agreement, together with the incorporation of the terms and conditions of the Request for Proposals (RFP #15-ES-0007), and any exhibits, schedules and attachments hereto, and any and all amendments relating to same, and any and all submittals from CONTRACTOR, constitute the entire Agreement between CITY and CONTRACTOR. This Agreement is the final, complete and exclusive expression of the terms and conditions of the parties' Agreement. Any and all prior agreements, representations,negotiations, and understandings made by the parties, oral or written, expressed or implied, are hereby superseded and merged herein. SECTION 2. TERM OF AGREEMENT. The term of this agreement is for three (3) years from the date of award with two (2), one (1) year renewal options. Renewal options may be exercised at the discretion of the City based on performance of the company and adherence to the terms and conditions set forth in the RFP documents. The City retains the sole right to determine whether the renewal option shall be granted. SECTION 3. COMPENSATION. The City will pay Contractor the monthly amount invoiced pursuant to the pricing stipulated on the Proposal Form and based on actual quantities delivered based on either cubic yard or tonnage. SECTION 4. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause; further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. SECTION 5. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipts requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice,to-wit: For City: For Contractor: Robin L. Matusick, Paralegal David Cloer ' Owner (Name, Title) City of Edgewater Cloer and Sons, Inc. (Company) 104 N. Riverside Drive PO Box 1446 (Address) Edgewater, FL 32132 Edgewater, 17132132 (City, State, Zip) (386)424-2400 41203 (386)478-4599 (Phone) SECTION 6. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 7. CONTROLLING LAW, VENUE, ATTORNEY'S FEES. This Agreement is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Agreement shall be in the County of Volusia, Florida and any trial shall be non jury. Each party agrees to bear its own costs and attorney's fees relating to any dispute arising under this Agreement. SECTION 8. MODFICATIONS TO AGREEMENT. This Agreement and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. SECTION 9. SEVERABILITY. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force and effect. SECTION 10. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. SECTION 11. NON-WAIVER. No indulgence, waiver, election or non-election by CITY under this Agreement shall affect CONTRACTOR's duties and obligations hereunder. IN WrJrNESS WHEREOF, the parties hweto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER Tracey T.Barlow,City Manager Robin L.Matusick,Paralegal Dated: WITNESSES: FIRMS Dated: Attachments: A.RFP#15-ES-007 B.fka Response to RFP C.Scope of Service Approved by the City Council of the City of Edgewater at a meeting held on this day of ,2015 under Agenda Item No. . CONTRACTOR SERVICES AGREEMENT GREEN WASTE DISPOSAL Request for Proposal(RFP)#15-ES-007 THIS AGREEMENT is made and entered into this day of , 2015, by and between Samsula Waste, Inc. dba Samsula Demolition , duly authorized to conduct business in the State of Florida and whose address is, hereinafter, called "CONTRACTOR" and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 32132,hereinafter called"CITY". SECTION 1. AGREEMENT. The terms of this Agreement, together with the incorporation of the terms and conditions of the Request for Proposals (RFP #I 5-ES-0007), and any exhibits, schedules and attachments hereto, and any and all amendments relating to same, and any and all submittals from CONTRACTOR, constitute the entire Agreement between CITY and CONTRACTOR. This Agreement is the final, complete and exclusive expression of the terms and conditions of the parties' Agreement. Any and all prior agreements,representations, negotiations, and understandings made by the parties, oral or written, expressed or implied, are hereby superseded and merged herein. SECTION 2. TERM OF AGREEMENT. The term of this agreement is for three (3) years from the date of award with two (2), one (1) year renewal options. Renewal options may be exercised at the discretion of the City based on performance of the company and adherence to the terms and conditions set forth in the RFP documents. The City retains the sole right to determine whether the renewal option shall be granted. SECTION 3. COMPENSATION. The City will pay Contractor the monthly amount invoiced pursuant to the pricing stipulated on the Proposal Form and based on actual quantities delivered based on either cubic yard or tonnage. SECTION 4. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause; further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. SECTION 4. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipts requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice,to-wit: For City: For Contractor: Robin L. Matusick, Paralegal Charles Y. McDonald, President(Name, Title) City of Edgewater Samsula Waste, Inc. dba Samsula Demolition. (Company) 104 N. Riverside Drive 363 SR 415 (Address) Edgewater, FL 32132 New Smyrna Beach, FL 32168 (City, State,Zip) (386)424-2400 #1203 (386)423-6769 (Phone) SECTION 5. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 6. CONTROLLING LAW, VENUE, ATTORNEY'S FEES. This Agreement is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Agreement shall be in the County of Volusia, Florida and any trial shall be non jury. Each party agrees to bear its own costs and attorney's fees relating to any dispute arising under this Agreement. SECTION 7. MODFICATIONS TO AGREEMENT. This Agreement and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. SECTION 8. SEVERABILITY. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force and effect. SECTION 9. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. SECTION 10. NON-WAIVER. No indulgence, waiver, election or non-election by CITY under this Agreement shall affect CONTRACTOR's duties and obligations hereunder. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER Tracey T. Barlow, City Manager Robin L. Matusick,Paralegal Dated: 17 WIT FIRMS r By: - Dated: Attachments: A. RFP#15-ES-007 B. Firm Response to RFP C. Scope of Service Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2015 under Agenda Item No. Cay of EDGEWATER BID OPENING August 12, 2015 3:00 P.M. Green Waste Hauling and Disposal RFP 15-ES-007 Sign In Sheet Arrival Time Printed Name Signature a� Company 4,21 K' G J of' vJ--f'(�`c.J '<���3'�'l��—JC�•c.J(f1C � �?�2 l�!� �O� -F- 21 '.S1 Pa ►— �rvs -- Cit}n[ -E-DGEWAT;[R Inc.1951 BID OPENING Cep August 12, 2015 CL'Use- J. os P- ,,. 3:00 P.M. Green Waste Mauling and Disposal RFP 15-ES-007 Price Per Price Per or Despondent Cubic Yard Cubic Yard 'Total Price (Cam acted ncom acted Per Ton oil 1. .team S� c� U k1 Ie-- r, U -WUjoa-, �04) 2• r cQ CjoeC 3. 4. F 5. 6. 7. 8. 9. 10. 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File #: AR-2015-1215, Version: 3 COUNCIL AGENDA ITEM SUBJECT: Requesting authorization for the City Manager to execute a contract for the Construction of a Water Main under I-95 with DBE Management Services,Inc.,dba DBE Utility Services.(ITB 15-ES-010) DEPARTMENT: Environmental Services SUMMARY: The City broadcast an Invitation to Bid,ITB 15-ES-010-Construction of Water Main under I-95 on August 10,2015. Bid proposals were submitted by the following six(6)firms: DBE Management Services,Inc.,dba DBE Utility Services $138,700.00 Gator Boring and Trenching,Inc. $153,833.30 Affordable Development/Driveways,Inc. $169,281.52 Rohl Networks,LP $183,050.00 TD Landmark Construction,Inc. $200,000.00 Blue Goose Construction $231,396.00 Per the Purchasing Policy,the Project Manager and Purchasing Technician reviewed the submittals for responsiveness and it was determined all were responsive bids. Per the terms of the ITB,award of contract shall be based on the lowest,compliant,qualified bid. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to authorize the City Manager to execute the contract with DBE Management Services,Inc.,dba DBE Utility Services for the Construction of a Water Main under I-95. City of Edgewater Page 1 of 1 Printed on 9/25/2015 powered by LegistarTM BID TABULATION:ITB 15-ES-010 Construction of Water Rank Order: Main Crossing 1-95 1 2 3 4 5 6 ID ITEM QTY UNIT DBE Utility Rohl Blue Goose Services Gator Boring&Trenching Affordable Development Networks TB Landmark Construction Mobilization/Demobilization,MOT, 1 Trench Safety,Video Taping& 1 LS Construction Pictures $10,000.00 $9,370.00 $16,707.00 $8,500.00 $14,176.00 $32,500.00 2 Survey Layout&As-Built Drawings 1 LS $3,000.00 $2,749.60 $2,592.00 $2,500.00 $6,500.00 $2,800.00 18"HDPE DR11,Directional Drill(incl. 3 Pigging,Pressure Test,&Bacteriological 800 LF Test) $135.00 $147.80 $153.4411 $182.00 $175.00 $220.50 4 16"Gate Valves&Valve Boxes 2 EA $3,600.00 $5,360.40 $5,037.04 $6,150.00 $5,900.00 $4,668.00 5 Fittings Shown on Plans 1 LS $3,500.00 $6,622.13 $10,392.56 $10,400.00 $14,850.00 $7,360.00 a.(2)18"Fuseable MJ Adapter b.(2)18x16 MJ DIP Reducer c.(2)18x16 Fuseable MJ Reducer(as an ALTERNATE for a.&b.) d.(2)16"MJ DIP 45deg Bends e.(2)16"x2"MJ DIP Tapped Plug or Cap w/Threaded 2"Plug _ _ _ _ _ 6 Fittings NOTShown on Plans,Field 0 LBS Approved $0.00 $4.34 $2.843 $1,250.00 $6.85 $0.00 7 Restoration(e.g.Fence Repair,Backfill/Re- 1 LS Grade,Seed&Mulch) $7,000.00 $6,130.77 $6,763.00 $3,750.00 $12,674.00 $3,000.00 8 CONTRACT PRICE: $138,700.00 $153,833.30 $169,281.52 $183,050.00 $200,000.00 $231,396.00 STATED BID: $138,700.00 $153,833.30 $169,281.52 $183,050.00 $200,000.00 $231,396.00 *Unit price for Item 2 incorrectly listed as *Unit prices for Items 2 and 6 require prescision smaller than$0.01/unit.Item 2 Total Price and Contract Price $148.8while Item 2 Total Price and based on a greater level of precision than the$153.441 Contract Price based on$147.80.The on submitted Schedule of Values.The corrected unit corrected unit price is shown. price is shown. CONSTRUCTION CONTRACT ITB 15-ES-010—CONSTRUCTION OF WATER MAIN UNDER I-95 CITY OF EDGEWATER VOLUSIA COUNTY,FLORIDA THIS AGREEMENT is made and entered into this 15th day of September 2015, by and between DBE Manauemw 113c..dba QBfAfflfly Servicesduly authorized to conduct business in the State of Florida and whose address isl, 3 r„h Pi.H.Loxshat&.. :�334 9 hereinafter, called "CONTRACTOR" and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 321.32, hereinafter called "CITY". WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows: ARTICLE I. SCOPE OF WORD. The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required to complete the construction of and all appurtenant work thereto, as described as the ITB 15-ES-010—CONSTRUCTION OF WATER MAL_N UNDER I-95 document: All work shall be in strict compliance with the drawings and specifications, including any and all Addenda, and together with all Contract Documents hereinafter enumerated and made a part thereof. It is understood and agreed that said labor, materials, tools, equipment and service shall be fumished and said work performed and completed subject to the approval of the Owner. ARTICLE II. CONTRACT PRICE. The Owner shall pay the Contractor for performance of the work in accordance with the Contract Documents in current funds as follows:. 138,700.00 Figures One hundred thirty eight thousand, seven hundred dollars In Words Payment will be made at the unit prices listed in the attached Bid Proposal for the actual completed quantity of each item, subject to additions and deductions as provided for in Section 12 of the General. Conditions thereof. ARTICLE III. CONTRACT TIME. The Contractor agrees to commence work within Thirty (30) DAYS after the date of the Notice to Proceed letter and shall substantially complete the work within Ninety (90) consecutive calendar days thereafter, (60 days to substantial completion plus 30 days to final). ARTICLE IV. INSPECTION BY CONTRACTOR. The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same; the Contractor agrees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under- ground obstructions and nature thereof the nature of the ground water conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and ITB 15-ES-©10-CONSTRUCTION OF WATER MAIN UNDER 1-95 16 ARTICLE V. INSPECTION BY CONTRACTOR. The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same: the Contractor agrees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under- ground obstructions and nature thereof, the nature of the ground water conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and the prices of the Contract, all costs pertaining to the work and thereby provide for the satisfactory completion thereof and determination of the Contract prices herein agreed upon, and that this Contract price is based upon these inspections and examination. ARTICLE VI. LIQUIDATED DAMAGES. If the work is not completed within the time specified in Article III of this Contract,the Contractor shall pay the Owner, as liquidated damages, the sum of Five Hundred ($500) DOLLARS far each consecutive calendar day thereafter until the work is completed,and as outlined in the ITB. ARTICLE VII. COMPONENT PARTS OF THE CONTRACT. This Contract consists of the following Contract Documents, all of which are hereby made a part hereof as if herein set out in full and all of which are familiar to the Contractor: 1. Invitation to Bid—ITB #1 5-ES-0 1 a 2. Bid Proposal 3. Bid Bond Form 4. Public Entity Crime Affidavit 5. Construction Contract h. Performance/Payment Bond 7. Certificate of Compliance Ike: Insurance 8. Warranty of Title 9. Addenda Nos. ARTICLE VIII. SEVERABILITY. Should any term, covenant, condition, provision or sentence or part thereof of this Contract, including all Contract Documents which comprise the entire agreement, be held invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions shall nevertheless remain in full force and effect. ARTICLE IX. CONSTRUCTION. The headings and subheadings used throughout the Contract Documents are for convenience only and have no other significance in the interpretation of the body of the Contract Document. ARTICLE X. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United. States mail, return receipts requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice. to-wit: ITB 15-ES-014—Revised Construction Contract -Addendum#1 For City: For Contractor: Robin L. Matusick, Paralegal Dustin Erne , President (Name, Title) City of Edgewater QBE Management loc.,dbe DBE Utility Services. (Company) 104 N. Riverside Drive 15803 77th Place N. (Address) Edgewater, FL 32132 Laxahatchee, FL 33470 (City, State, Zip) (386)424-2400 41203 561-508-3708 (Phone) AR'T'ICLE XI. RIGHTS AT LAW RETAINED, The rights and remedies of City, provided for under this Contract, are in addition and supplemental to any other rights and remedies provided by law. ARTICLE XII, CONTROLLING LAW, VENUE, ATTORNEY'S FEES. This Contract is to be governed, construed, and interpreted by, through and under the Laws of Florida. Venue for any litigation between the parties to this Contract shall be in the County of Volusia, Florida and any trial. shall be non jury. Each party agrees to bear its own costs and attorney's fees relating to any dispute arising under this Contract. ARTICLE XIII. MODFICATIONS TO AGREEMENT. This Contract and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. ARTICLE XIV. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A Jt]RY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. ARTICLE XV NON-WAIVER. No indulgence, waiver, election or non-election by City under this Contract shall affect Contractor's duties and obligations hereunder. ARTICLE XVI. ASSIGNMENT. This Contract, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Contract shall run to the Edgewater City Government and its successors. ARTICLE XVII. INDEPENDENT CONTRACTOR. It is the intent of the parties hereto that Contractor shall be legally considered an independent contractor and that neither Contractor nor its employees shall under any circumstances be considered employees or agents of the City and that the City shall be at no time legally responsible for any negligence on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, Contractor or corporation. ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES. The agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Contract or to rely upon the provisions of this Contract. ARTICLE XIX. WARRANTY OF TITLE OF CONTRACTOR. Contractor warrants to the City that all goods and materials furnished under the Contract will be new unless otherwise specified and that Contractor possess good, clear, and marketable title to said goods and there are no pending ITB 15-ES-010—Remised ConstrucUon Contract -Addendum#1 liens, claims or encumbrances whatsoever against said goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. If at any time there shall be evidence of any claim for which, if established, the City might become liable, and which may be chargeable to the Contractor, or if the Contractor shall incur any liability to the City, or the City shall have any claim or demand against the Contractor, of any kind or for any reason, whether related to or arising out of this Agreement or any other agreement between the Contractor and the City, and whether or not reduced to judgment or award, the City shall have the right to retain out of any payment due the Contractor, or which may become due to the Contractor, under this Contract or any other Contract between the Contractor and the City, an amount sufficient to indemnify the City against such claim, and/or to compensate the City for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost of defense or collection with respect thereto, including, but not limited to, reasonable attorneys' fees, expert consultant fees, and expert witness fees. Should any claim develop after final payment has been made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims, or that the latter may have incurred in collecting said monies from the Contractor. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER Tracey T. Barlow, City `'tanager Robin L. Matusick, Paralegal Dated: WITNESSES: DBE Management Inc., dba. DBE Utility Services (Firm Name) By: Dustin Ertle t C,,`� c (Authorized Officer) Dated: 9116/2015 Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2015 under Agenda Item No. ITB 15-E5-010—Revised Construction Contract -Addendum#1 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File #: AR-2015-1232, Version: 2 COUNCIL AGENDA ITEM SUBJECT: East Thomas Street Septic Tank Elimination and Stormwater Improvements Engineering Services DEPARTMENT: Environmental Services SUMMARY: City staff applied for and subsequently received a St.Johns River Water Management District Cost-Share Grant to eliminate septic tanks and improve stormwater quality in the area of East Thomas Street, 2nd Street, 3rd Street and 4d' Street. This grant funds 33% of the construction of the project and embraces the direction City Council gave staff through Resolution #2014-R-22 to improve the water quality of the Indian River Lagoon. This project is estimated to cost $876,600 for the construction and Quentin L. Hampton Associates has provided a proposal to perform the design elements, permitting and ancillary work necessary to prepare bid documents as outlined in their proposal attached to this agenda item. The scope of work is for a not to exceed price of$92,055 and is necessary to move forward with the construction and obtain this grant funding. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: A motion to approve Quentin L. Hampton Associates to perform the engineering work as outlined in their proposal at a cost of$92,055 and authorize the City Manager to execute the documents. City of Edgewater Page 1 of 1 Printed on 10/2/2015 powered by LegistarTM BRAD T.BLAIS,P.E. Quentin L. Hampton Associates Inc. TELEPHONE:(386)761-6810 DAVID A.KING,P.E. FAX:(386)761-3977 ANDREW M.GIANNINI,P.E. Consulting Engineers EMAIL:glha@glha.com KEVIN A.LEE,P.E. P.O.DRAWER 290247 PORT ORANGE,FLORIDA 32129-0247 September 2, 2015 Brenda Dewees Email: bdwees@cityofedgewater.org City of Edgewater Hard Copy Mailed Only on Request P.O. Box 100 Edgewater, FL 32032 CITY OF EDGEWATER EAST THOMAS STREET SEPTIC TANK ELIMINATION AND STORMWA TER IMPROVEMENTS -SCOPE OF SERVICES AND FEE ESTIMATE- Dear Ms. Dewees, We appreciate the opportunity to offer this proposal for professional services associated with the above referenced project. The enclosed Scope of Services and Fee Estimate details proposed design elements, permitting requirements and ancillary work necessary to prepare bid documents. Please review the enclosed and notify our office if acceptable. Do not hesitate to contact our office if you have any questions. Sincerely, QUENTIN L. HAMPTON ASSOCIATES, INC. An ew . iar nini, P.E. Kevin A. Lee, P.E. Project Manager Project Engineer AMG/KAL:bf Enclosures: Scope of Services and Fee Estimate (Exhibit'A') Engineer's Opinion of Probable Cost Surveyor Cost Proposal EW112 East Thomas St.Septic Tank Elimination-SW Imp.Update 9.2.15 CITY OF EDGEWATER EAST THOMAS STREET SEPTIC TANK ELIMINATION AND STORMWATER IMPROVEMENTS SCOPE OF SERVICES AND FEE PROPOSAL GENERAL - This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater (City) and Quentin L. Hampton Associates, Inc (QLH). BACKGROUND There are 32 existing homes and residential lots on East Thomas Street and intersecting 2nd, 3rd and 4th Streets. These homes are served by septic tanks and are east of US-1 located near the River. This project scope includes approximately 2,350 LF of 8" gravity sewer, stormwater improvements and paving the unpaved roads. The City was selected for a cost share grant from the SJR WMD for this project. TASK 1-SURVEY AND GEOTECHNICAL Coordinate survey with sub-consultant of the topography within rights-of-way and finish floor elevations of houses to be served by sewer. A geotechnical sub-consultant will perform sub-surface investigations. TASK 2 - DESIGN PHASE The Engineer shall complete design and permitting for the septic tank elimination and stormwater improvements in the East Thomas Street area. Plans, specifications, and permit applications will be prepared. The project includes approximately 2,350 LF of gravity sewer, 400 LF of storm pipe, 1,250 LF of roadside swales, 850 LF of exfiltration trench, one (1) baffle box, and restoration including paving the unpaved roadways. Interim plans and specifications will be submitted at 60% and 90% completion levels. Permit applications to FDEP (sewer) and SJRWMD (stormwater) will be prepared and submitted at the 90% deliverable. The permit fees are not included in this proposal. TASK 3 - BIDDING PHASE Advertisement- QLH will assist the City in the advertisement for bids. QLH will distribute copies of the project documents to bidders, answer questions from bidders, issue addendums as necessary, attend the pre-bid conference and attend the bid opening. Bid Evaluation - QLH will evaluate all submitted bids for accuracy/completeness and prepare bid tabulation. The qualifications of the low bidder(s) will be evaluated. QLH will deliver the bid tabulation and a Recommendation of Award letter to the City. Documentation required for concurrence in award by the Bureau of Facility Funding will be prepared and submitted. EW112 East Thomas St.Septic Tank Elimination-SW Imp.Update 9.2.15 TASK 4- CONTRACT ADMINISTRATION AND INSPECTION Contract administration and inspection are not included at this time. These items will be addressed in a future proposal. EXCLUSIONS: The scope of work does not include easement acquisition, title search services, groundwater monitoring/remediation, wetland/ecological assistance, and/or legal services, or any other task not identified in the scope. Cost- QLH will complete tasks 1, 2, and 3 for the following fees: Task 1 - Survey and Geotechnical Allowance $15,140 Task 2 - Design Phase $72,320 Task 3 - Bidding Phase 1 $4,595 Task 4- CEI Services (not included at this time) F— $0 F_ TOTAL 1 $92,055 Prepared by: QUENTIN L. HAMPTON ASSOCIATES, INC. -Consulting Engineers- September 2, 2015 PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF QUENTIN L. HAMPTON ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. EW112 East Thomas St.Septic Tank Elimination-SW Imp.Update 9.2.15 EXHIBIT 'A' CITY OF EDGEWATER EAST THOMAS ST SEPTIC TANK ELIMINATION QLH ESTIMATED ENGINEERING FEES Task Project Project Engineering Production CAD Clerical Total Task Description Manager Engineer Intern Supervisor Technician hours No. hours hours hours hours (hours) ( ) ($) Hourly Rate $175 $140 $100 $75 $75 $50 See Below 1 Survey and Geotechnical 0 6 0 8 8 2 $2,140 Survey Allowance (Cory) $10,000 Geotechnical Allowance $3,000 Sub-total Task 1 $15,140 2 Design Phase Field Investigations 0 4 8 0 0 0 $1,360 Prepare Plans and Specs 24 80 40 40 160 40 $36,400 60% Design Review 8 16 8 4 24 8 $6,940 90% Design Review 8 16 8 4 24 8 $6,940 Permit Applicatiosn and RAI Responses 8 8 16 24 8 24 $7,720 Final Design 16 24 24 8 40 16 $12,960 Sub-total Task 2 $72,320 3 Bidding Phase Prepare bidding documents 1 4 0 0 0 8 $1,135 Attend Pre-Bid 4 0 0 0 0 4 $900 Address Bidder Questions and Prepare Answers for Addenda 0 4 4 0 4 8 $1,660 Review Bids and Investigate Bidders 2 0 0 0 0 2 $450 Bid Award Recommendation 2 0 0 0 0 2 $450 Sub-total Task 3 $4,595 4 CEI Services (not included at this time) Sub-total Task 4 $0 Total $92,055 S:\EW\EW112 E Thomas St Septic Tank Elimination&SW Imp\Administratio n\Proposal\As Submitted\EW112 Fee Estimate 082715_kaI CITY OF EDGEWATER E THOMAS ST SEPTIC TANK ELIMINATION AND STORMWATER IMPROVEMENTS OPINION OF PROBABLE COSTS ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL 1 Gravity Sewer a. 8" Gravity Sewer Pie 2,400 LF $75 $180,000 b. Manholes 9 EA $5,000 $45,000 2 Stormwater Improvements a. 15" Storm Pie 400 LF $50 $20,000 b. Exfiltration Trench incl pipe, rock and fabric 850 LF $90 $76,500 c. Draina a Structure 9 EA $3,000 $27,000 d. Baffle Box 1 EA $50,000 $50,000 e. Swales 1,250 LF $10 $12,500 3 Roadway and Restoration a. Asphalt, base and sub rade 4,900 SY $55 $269,500 b. Soddinq and landscaping 1 LS $50,000 $50,000 Construction Estimate Subtotal $730,500 Contingency @ 20% $146,100 Total Estimated Construction Costs $876,600 Engineering, CA&Inspection @ 15% $131,490 TOTAL ESTIMATED PROJECT COST $1,008,090 Estimated annual debt service plus O+M = $1,008,090 (A/P, N=20, 1=3%) + $1,000 _ $68,745 per Year Cost per Pound of Pollutant Removed TN = $68,745/1,498#TN _ $45.89 per#TN TP = $68,745/257#TP _ $267.50 per#TP Prepared By: Quentin L Hampton Assoc,Inc February,2015 DANIEL W. CORY SURVEYOR, LLC Professional Surveyors & Mappers Telephone: 386/427-9575 300 Canal Street FAX: 386/427-1783 New Smyrna Beach, Florida 32168 September 2, 2015 John Mischle, Production Manager Quentin L. Hampton Associates, Inc. P.O. Drawer 290247 Port Orange, FL 32129-0247 Re: East Thomas Street Septic Tank Elimination and Stormwater Improvements Edgewater, FL Dear John, In accordance with your request and subsequent discussion, this revised proposal for professional surveying services is submitted for your consideration and approval. Scope of services: Prepare a Topographic Survey of a portion of E. Thomas Street and all of 2nd Street, 3rd Street & 4th Street, Edgewater. The linear footage of the project is approximately 2750 feet. Limits and scope of Topographic Survey are defined in e-mails dated August 31, 2015 and September 1, 2015. Observable, above-ground evidence of utilities will be located along with underground utilities marked in response to "Call Sunshine" request. Any information from As-Built drawings obtained from utility providers will be shown on the survey. Elevations will be measured at 50-foot cross sections and extending approximately 10 feet beyond right of way. The foot prints of the structure fronts and floor slab elevations along the route will be included. Deliverables: Signed and sealed survey drawings and associated cad file in QLHA cad standards. Fee: This scope of services can be completed for a lump sum cost of$9,875. Schedule: Deliverables are estimated to be available 3.5 to 4 weeks from notice to proceed, weather permitting. The surveying and mapping services rendered will meet the Minimum Technical Standards for Florida Surveyors and Mappers per Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statues. Elevations will be based on the North American Vertical Datum of 1988 (NAVD 88). We appreciate the opportunity to submit this proposal, and if this is acceptable, please indicate by signing below. If you have any questions or require additional information, contact me at 386-427-9575 or jell@corysurveyor.com. As to CONSULTANT As to CLIENT Daniel W. Cory Surveyor, LLC Quentin L. Hampton Associates, Inc a Signature: Jeffrey W. Cory Professional Surveyor & Mapper Name: 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File #: AR-2015-1216, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Tentative Events Schedule Funding DEPARTMENT: Finance SUMMARY: The purpose of the Special Events Coordinator is to provide support for events that promote the City's resources and community to attract visitors to our City and engage our Citizens. For FY2016 a part time Special Events Coordinator was funded to assist and support City sponsored events. Logistical support for each event is handled by Leisure Services. All additional costs for events are based on receiving Business / Community sponsorships. The tentative event schedule has grown from 8 major events to 15. The new tentative schedule includes more than two events per month some months; a portion of the events are City Events created and executed by the Special Events Coordinator, some events belong to other organizations where the City is a partner simply providing the venue, promotional and coordination support by the Special Events Coordinator and logistical support from Leisure Services . This new tentative schedule has exceeded the budgeted staff time to effectively execute the level of events expected as approved by Council May 4, 2015. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Consensus for potential funding sources for the tentative events schedule. City of Edgewater Page 1 of 1 Printed on 10/2/2015 powered by LegistarT" 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File M AR-2015-1231 , Version: 1 COUNCIL AGENDA ITEM SUBJECT: Discussion regarding Employee Service Recognition Policy DEPARTMENT: Human Resources SUMMARY: At the September 28, 2015 City Council meeting, Council provided comments/suggestions for inclusion in the Employee Service Recognition Policy (formerly titled Retirement Recognition Policy). Recommended changes have been made to this policy and are presented in an underlined and strikethrough format. BUDGETED ITEM: ❑ Yes ® No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve the Employee Service Recognition Policy. City of Edgewater Page 1 of 1 Printed on 10/2/2015 powered by LegistarTM EDGE WATER City of Edgewater ADNHNISTRATIVE Subject: D^*'"ement Employee Service Recognition Policy POLICIES AND PROCEDURES PURPOSE: It is recognized that celebrations honoring retiring employees are a valid means of employee recognition and add value to the organization. At the same time,City of Edgewater employees are accountable to the public for the appropriate use of their work time. The following procedures below will apply to all retirement recognitions held during work hours. APPLICABILITY: This policy affects all non-public safety employees Exhibit A police personnel Exhibit B fire personnel PROCEDURES: Supervisory approval is required in all cases prior to employees attending retirement recognitions during work hours. Each Department Director may allow employees to attend a City of Edgewater employee retirement recognition held during work hours; PROVIDED,the department,division or unit maintains adequate staffing to conduct the function of the respective department,division or unit. Employees who have received prior approval to attend retirement recognitions held during work hours may use a total of no more than two (2)hours of work time for the purpose of travel to and from, and attendance at the recognition. Any additional time will be charged to annual or personal leave, or to compensatory time, if applicable. No reimbursement for travel expensed incurred due to attendance at a retirement recognition will be allowed. It is permissible,subject to availability,to use City funds to purchase a recognition cake,flowers, refreshments, plaque,certificate,or other monetary gift for the retiree in recognition of the employee's career of public service. The total City expenditure for a retirement recognition event cannot exceed the limits outlined in this policy. The employee's department will be responsible for providing funds for retirement events. City funds may not be used for any additional purchases in connection with retirement recognitions. No funds may be solicited or received from contractors,vendors or customers for such recognitions. Solicitation of funds from employees for such recognitions is permissible as long as compliance with City of Edgewater Personnel Policies and Procedures Manual. • Formatted:Font:(Default)Times New Roman,11 pt,No underline Formatted:Normal,Indent:Left: 0" Date: 10 /05 /15 Page 1 of 3 200.03 RetiFeme^'^+Employee Service Recognition Policy F,DGEWATER City of Edgewater ADNHNISTRATIVE Subject: D^*'"ement Employee Service Recognition Policy POLICIES AND PROCEDURES MINIMUM ELIGIBILITY years The following general�^ employees will be eligible to be recognized for consecutive service provided to the City of Edgewater upon separation in good standing: a) Twenty(20)years of service Formatted:Numbered+Level:1+ b) Ten(10)years of service and minimum age of 62 Numbering style:a,b,c,...+start at:1+ c) Ten(10)years of service and separation due to disability or death Alignment:Left+Aligned at: 0.54"+indent d) Extraordinary service provided whereas the City Council requests special recognition at: 0.79" RECOGNITIONS BASED ON CONSECUTIVE YEARS OF SERVICE For employees with 10 but less than 15 years of consecutive service, a recognition cake, refreshments, service recognition identification card and a certificate of appreciation will be provided. Total amount of City funding not to exceed$75. For employees with 15 but less than 20 years of consecutive service, a recognition cake, refreshments, service recognition identification card and certificate of appreciation will be provided. Total amount of City funding not to exceed$100. For employees with 20 but less than 25 years of consecutive service, a recognition cake, refreshments, service recognition identification card and a plaque of appreciation,to be presented at the council meeting, will be provided. Total amount of City funding not to exceed$150. For employees with 25 but less than 30 years of consecutive service, a recognition cake, refreshments, service recognition identification card,a plaque of appreciation,to be presented at the council meeting,and a nominal gift will be provided. Total amount of City funding not to exceed$200. For employees with 30 or more consecutive years of service, a recognition cake, refreshments, service recognition identification card, a plaque of appreciation, to be presented at the council meeting, and nominal gift will be provided. Total amount of City funding not to exceed$250. In lieu of the above recognition, the employee may choose to forgo the recognition and donate the corresponding dollar amount to a charity of their choice. The venue for the recognition event will be determined based upon the retiring employee's work location and availability. The respective Department Director, working in conjunction with the Human Resources department,will be responsible for the coordination of the event. ADDITIONAL INFORMATION,REQUIREMENT AND RESPONSIBILITIES Date: 10 /05 /15 Page 2 of 3 200.03 RetiFeme^'^'Employee Service Recognition Policy EDGEWATER City of Edgewater ADNHNISTRATIVE Subject: D^*'"ement Employee Service Recognition Policy POLICIES AND PROCEDURES Department Directors shall be responsible to ensure that the retirement recognition adheres to this policy. Changes to this policy will be authorized by approval of the City. Questions or comments about this policy should be directed to the Human Resources Director. It shall be the responsibility of the Human Resources Director to monitor and update this policy. Submitted by: Donna Looney, Human Resources Director Date Approved: Tracey T.Barlow, City Manager Date Date: 10 /05 /15 Page 3 of 3 200.03 Retie.*Employee Service Recognition Policy 04 N. Riverside Drive is City of Edgewater Edgewater, FL 321321 R Legislation Text File M AR-2015-1240, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Kennedy Park Handicap Parking DEPARTMENT: Leisure Services Dept. SUMMARY: Staff was directed to look at the feasibility to changing 3 single vehicular parking spaces on the east side of Kennedy Park to 3 handicap yehicular parking spaces. Currently there is a total of 4 vehicular spaces on the east side 1 handicap space and 3 regular spaces. Attached are costs and drawing associated with changing parking area. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Staff seeks direction from City Council on this subject. City of Edgewater Page 1 of 1 Printed on 10/2/2015 powered by LegistarTM