2016-R-44 RESOLUTION 2016-R-44
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, AMENDING THE 2016-2017
FISCAL YEAR BUDGET AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater, by Resolution 2016-R-29, adopted an operating
budget for Fiscal Year 2016-2017; and
WHEREAS, the budget adjustment increase revenues and expenditures by $233,794
between Funds 442 and 444 to provide funding for the Variable Frequency Drives; and
WHEREAS,the budget adjustments will allow the City of Edgewater to adjust the Fiscal
Year 2016-2017 budget.
NOW, THEREFORE,be it resolved by the City Council of Edgewater, Florida.
Section 1. Amended Budget: The City Council of the City of Edgewater amends the
Fiscal Year 2016-2017 budget by an increase of$233,794 in total.
Section 2. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
#2016-R-44
After motion to approve was made byr,-)ctP
with Second by ate► Z,�� 1� n YU . The vote on this
resolution is as follows:
AYE NAY
Mayor Michael Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Daniel Blazi �•
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 5th day of December, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
41110" 14 Z-7-TS
By:
Robin L. Matusick Michael Ignasia
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 5`h day
and legality by: of December, 2016 under Agenda Item No.
Aaron R. Wolfe, Esquire
City Attorney
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8 Q.
Doran, Sims,Wolfe&Ciocchetti
2
#2016-R-44
QLH
Quentin L.Hampton Associates
November 17, 2016
Randy Coslow, P.E. Email: rcoslow(acityofedgewater.org
City of Edgewater Hard Copy Mailed Only on Request
P.O. Box 100
Edgewater, FL 32032
•
CITY OF EDGEWATER
WATER TREATMENT PLANT HIGH SERVICE PUMP VFD UPGRADES
RECOMMENDATION OF AWARD
Dear Randy,
Bids were received for the referenced project on Tuesday, November 15, 2016. One
responsive bid was received from Chinchor Electric from Enterprise, Florida with a base bid
of $340,291.00, plus Alternate 1 of $10,400.00 for a total bid amount of $350,691.00. A
second submittal received from Infinity Industrial Controls was deemed non-responsive due
to lack of the required documents, bid bond and taking exception to some of the project
scope.
We have reviewed Chinchor's bid package and all documents have been submitted as
required. Our firm has worked with Chrnchor Electric on other projects and it is our opinion
that Chinchor Electric is qualified to complete this project. Therefore,we recommend award
of this project to Chinchor Electric for the total bid amount of$350,691.00
If you have any questions, please do not hesitate to contact us.
Sincerely,
QUENTIN L. HAMPTON ASSOCIATES, INC.
Kevin A. Lee, P.E.
Project Manager
KAL:bf
cc: Brenda DeWees,City of Edgewater—bIeweesc cityofedgewater.org
Pat Drosten, City of Edgewater—pdrostenC cityofedf;ewatgr,Org
EW115 Award Recommendation 11.17.16 P.O.Drawer 290247,Port Orange,FL 32129-0247
Phone(386)761-6810 Fax(386)761-3977
wWW.glha.com
QLH
Quentin L.Hampton Associates
November 17, 2016
Randy Coslow, P.E. Email: rcoslov:0acityofedgetivater.org
City of Edgewater Hard Copy Mailed Only on Request
P.O. Box 100
Edgewater, FL 32032
CITY OF EDGEWATER
WATER TREATMENT PLANT HIGH SERVICE PUMP VFD UPGRADES
IMPACT FEE ELIGIBILITY
Dear Randy,
Bids were received for the above referenced project on November 15, 2016. The lowest
bidder was Chinchor Electric with a total bid amount of$350,691.00. This project consists
of replacing one (1) existing VFD and installing two (2) new VFDs for the WTP high service
pumps. This project will allow the City to meet existing and future water demands including
additional customers in the future.
The VFDs will improve the reliability of the City's distribution system and allow the City to
meet anticipated future demands. Additionally, by installing the two (2) new VFDs,
efficiencies in electrical usage will be realized providing reserve capacity at the WTP.
By increasing the number of pumps powered by VFDs, increasing reliability of the system,
and reducing electrical use;the two (2) new VFDs make 2/3 of the project eligible for funding
with impact fees previously collected. These improvements will allow the City to serve new
facilities and increased demand upon the water distribution system.
Sincerely,
QUENTIN L. HAMPTON ASSOCIATES, INC.
Kevin A. Lee, P.E.
Project Manager
KAL:hf
cc: Brenda DeWees,City of Edgewater- bdeweesOcityofectgewater.org
P.O.Drawer 29C247,Port Orange,FL 32129-0247
EW115 Impact Fee Elig 11.17.16 Phone(386)761-6810 Fax(386)761.3977
www.qlha.com
CONSTRUCTION CONTRACT
ITB 17-ES-001 —VARIABLE FREQUENCY DRIVES (VFD'S)AT WATER TREATMENT
PLANT
CITY OF EDGEWATER
VOLUSIA COUNTY,FLORIDA
fi, T
THIS AGREEMENT is made and entered into this day of'�,,
'4r._ , 201/
by and between Chinchor Electric, Inc. duly authorized to conduct business in the
State of Florida and whose address is PO Box 4311, Enterprise, FL 32725, 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".
WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows:
ARTICLE I. SCOPE OF WORK. 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 in the
ITB 17-ES-001 — VARIABLE FREQUENCY DRIVES (VFD'S) AT WATER TREATMENT
PLANT 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 furnished 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:
$ 350, 691.00
Figures
Three hundred fifty thousand and six hundred ninety-one dollars
In Words
Payment will be made at the unit prices listed in the attached ITB for the actual completed quantity of
each item, subject to additions and deductions as provided for in the ITB.
RETAINAGE. The City shall have the right to withhold retainage from Compensation paid to a
Contractor Should the City decide that retainage shall be withheld from Compensation,the amount to be
retained from each payment to the Contractor shall be:
A. % of the total contract price.
B. % of each payment of a milestone payment based on a Project milestone
schedule.
C. No retainage will be taken.
The City shall have the right to withhold retainage from Compensation paid to a Contractor. Should the
City decide that retainage shall be withheld from Compensation, the amount to be retained from each
payment to the Contractor shall be stated in the Work Order. The retainage shall be included with the
final payment after all Work or Services for the Work Order have been approved and accepted by the
City and all disputed invoices have been resolved by the parties.The City shall never be required to pay
an amount that would leave unpaid from the contract price or Compensation an amount less than the
amount City would need to have in order to pay another consultant to complete the Work or Services
should Contractor fail to complete the Work in a Work Order remaining incomplete as of that date.
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 complete the work within One Twenty 120)
consecutive calendar days thereafter.
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
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 V. 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 ($500.00) DOLLARS for each consecutive calendar day thereafter until the work is
completed, and as outlined in the Supplemental General Conditions.
ARTICLE VI. 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 #17-ES-001
2. Bid Proposal
3. Bid Bond Form
4. Public Entity Crime Affidavit
5. Construction Contract
6. Performance/Payment Bond
7. Certificate of Compliance
Re: Insurance
9. Addenda
10.Construction Specifications •
ARTICLE VII. 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.
ITB 17-ES-001—VFD'S AT WATER TREATMENT PLANT 23
ARTICLE VIII. 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 IX. 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 Timothy I. Chinchor, Vice Pres. (Name,Title)
City of Edgewater Chinchor Electric, Inc. (Company)
104 N.Riverside Drive P.O. Box 4311 (Address)
Edgewater,FL 32132 Enterprise, FL 32725 (City, State, Zip)
(386)424-2400 #1203 (386) 774-1020 (Phone)
ARTICLE X. 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 XI. 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 XII. 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 XIII. 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.
ARTICLE XIV NON-WAIVER. No indulgence, waiver, election or non-election by City
under this Contract shall affect Contractor's duties and obligations hereunder.
ARTICLE XV. 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 XVI. 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 XVII. 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 XVIII. 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
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: CIT OF EDGEW ER
Tr•ce .Barlow,City Manager
./i I. 0. AI I ..mss •�,!__,�+
Robin L.Matusick, Paralegal
Dated: LCnrt 5 'Q)ly
WITNESSES: J
Chinchor Electric, I
(Firm Name)
MD (Ant fiver)
,t.4 A .1‘5•0—L,.*L- Dated: 1/1/7"/4
i
Approved by the City Council of the Ci of
Edgewater at a meeting held on this 5/31
day of-4: 41-1...46e),) ,2016 under
Agenda Item No, .
ITB 17-ES-001-VBD'S AT WATER TREATMENT PLANT 26
of
rDGlTERl
December 13, 2016
Timothy I. Chinchor, Vice President
Chinchor Electric, Inc.
PO Box 4311
Enterprise, FL 32725
Re: City of Edgewater- Construction Contract#ITB 17-ES-001
Variable Frequency Drives(VFD's) at Water Treatment Plant
Dear Mr. Chinchor:
This will confirm that during the City Council meeting held on December 5, 2016 Council
approved the above-referenced Agreement. Enclosed please find a fully executed original
document for your records/files.
Do not hesitate to contact myself or Jordan Church at the number listed below if you have any
questions regarding same.
Sincerely,
Maaui.L'. ✓,�1ati�ccl
Robin L. Matusick
City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Copy to: Finance (copy on laserfiche)
Environmental Services(copy on laserfiche)
Bob Polizzi, Water Treatment Plant
Office of the City Clerk/Paralegal
P.O. Box 100•Edgewater.FL 32132-0100
(386)424-2400.Option#1&Ext. 1102•Fax(386)424-2410
ww w.cityofecigewater.orq
(Letter/Ltr-2016-095)