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3-10-25 Final Agenda City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, March 10, 2025 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES * 1.A. Approve minutes of the Regular Commission Meeting held on February 24, 2025. 2-24-25 Regular City Commission Draft Minutes 5 - 42 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS * 3.A. Accept the 90-Day Calendar (March - May 2025) 90-Day Calendar (March - May 2025) 43 - 46 3.B. Speed Cameras 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. * 6.A. Declare the listed properties as surplus and authorize disposal of each in the most beneficial way to the City. Surplus and Disposal of Property 47 - 52 6.B. Approve Resolution No. 25-23 53 - 58 Page 1 of 316 Regular City Commission - 10 Mar 2025 Resolution No. 25-23 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS * 8.A. RESOLUTION NO. 25-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A THREE-YEAR CONTRACT FOR BANKING SERVICES WITH BANK OF AMERICA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE Resolution No. 25-16 59 - 65 8.B. RESOLUTION NO. 25-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE AGREEMENT FOR THE SARTOGA CIRCLE LIFT STATION SERVICE AREA TESTING, MONITORING, ISNPECTIONS AND REPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-18 67 - 133 8.C. RESOLUTION NO. 25-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF DUVAL COUNTY FOR TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES AT ANCHOR ACADEMY, SUBJECT TO THE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-19 135 - 146 8.D. RESOLUTION NO. 25-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARD MITIGATION GRANT PROGRAM CONTRACT MODIFICATION FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE AQUATIC GARDENS DRAINAGE PROJECT; AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY EXECUTE A CONTRACT WITH JAX UTILITIES MANAGEMENT, INC. FOR CONSTRUCTION OF THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-20 147 - 155 8.E. RESOLUTION NO. 25-21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DESIGN-BUILD CONTRACT WITH ACON CONSTRUCTION COMPANY FOR THE RENOVATION OF THE MARSH OAKS 157 - 164 Page 2 of 316 Regular City Commission - 10 Mar 2025 COMMUNITY CENTER; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-21 8.F. RESOLUTION NO. 25-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDERS WITH HANSON PROFESSIONAL SERVICES TO COMPLETE DESIGN OF THE CUTLASS DRIVE BOX CULVERT EXPANSION AND DITCH WIDENING PROJECT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-22 165 - 187 9. ACTION ON ORDINANCES * 9.A. ORDINANCE NO. 95-25-126, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO MODIFY THE CLASSIFICATION OF DOGS AS DANGEROUS, IN COMPLIANCE WITH STATE LAW, TO ADD DISTURBING THE PEACE PROVISION, TO AMEND THE RUNNING AT LARGE AND CITATIONS AND PENALTIES SECTIONS, TO ADD A NEW IMPOUND AND BOARDING FEES PROVISION; PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 95-25-126 189 - 200 * 9.B. ORDINANCE NO. 57-25-25, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING SECTION 13-2 CAMPING AND OBSTRUCTING PUBLIC STREETS/PUBLIC PLACES PROHIBITED; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ordinance No. 57-25-25 201 - 209 * 9.C. ORDINANCE NO. 20-25-178, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-25-178 211 - 316 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Page 3 of 316 Regular City Commission - 10 Mar 2025 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 4 of 316 Regular City Commission February 24, 2025 MINUTES Regular City Commission Meeting Monday, February 24, 2025 - 6:00 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: William B. Killingsworth, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Victor Gualillo, Police Chief (PC) Amanda Askew, Planning & Community Development Dir. (PCDD) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meetings held on January 27 and February 10, 2025. The Commission approved the minutes as submitted. DEFERRALS The Commission discussed deferring agenda items 9A and 9B. MOTION: Table agenda items 9A & 9B to a date certain, 45 Days from February 24, 2025 or three meetings from this date (Deferral of the reading and the hearing on both 9A and 9B to April 14, 2025). Motion: Candace Kelly Second: Bruce Bole Page 1 of 38 Agenda Item #1.A. 10 Mar 2025 Page 5 of 316 Regular City Commission February 24, 2025 Mayor Ford confirmed that a joint meeting between the Commission and ESC will take place before the final reading of the ordinances. Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: Kelly Hampton Ellen Glasser distributed a handout to the Commission (which is attached hereto and made a part of this official record as Attachment A). Nathan Loewen Ellis Leowen Jack McCarthy Emily McCarthy Colleen November distributed a handout to the Commission (which is attached hereto and made a part of this official record as Attachment B). Sarah Boren Joseph Salcido Brett Jackrel Joel Harris Tom Goelz Lenny Jevic Carolyn Zisser Jessica O'Regan Nancy Staats Kymberly Wolfson Erin Wolfson distributed a handout to the Commission (which is attached hereto and made a part of this official record as Attachment C). Katie Montalto Don Wolfson Shawna Rohrer Chelsea Harris Amber Rumancik Anne Marie Moquin Page 2 of 38 Agenda Item #1.A. 10 Mar 2025 Page 6 of 316 Regular City Commission February 24, 2025 Geoff Selhorst Mark Gabrynowicz Emily Miner Jackie Beckenbach Malaika Underwood distributed a handout to the Commission (which is attached hereto and made a part of this official record as Attachment D). Jim Wheatley Ty Rumancik Mitch Reeves Lynn Drysdale Julie Olsson Sarah Hummer Doug Essig The following individuals chose not to speak but submitted comment cards: Dan Giovannucci Karen Demush Ruth D. Bowman Laura Cruz No name The meeting recessed from 7:46 PM to 7:58 PM. 2-24-25 Attachment A 2-24-25 Attachment B 2-24-25 Attachment C 2-24-25 Attachment D 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Feb. - April 2025) MOTION: Approve the 90-Day Calendar. Motion: Jessica Ring Second: Bruce Bole The 90-Day Calendar was approved. Motion passed unanimously 5 to 0. 3.B. Speed Cameras CM Killingsworth expressed a preference to defer the discussion to allow staff to gather seven days' worth of data from the detection devices installed by the police. 3.C. Proposed Public Camping Legislation Page 3 of 38 Agenda Item #1.A. 10 Mar 2025 Page 7 of 316 Regular City Commission February 24, 2025 PC Gualillo reported as detailed in the agenda packet and answered questions from the Commission. There was a CONSENSUS to advance this item to a formal ordinance. 3.D. Proposed Dangerous Dog Legislation PC Gualillo reported as detailed in the agenda packet and answered questions from the Commission. There was a CONSENSUS to advance this item to a formal ordinance. Request for Summary Mayor Ford requested CM Killingsworth provide a brief update on the current situation with the baseball games and the farmers market. CM Killingsworth explained that the City has been monitoring traffic over the past six weeks, which has been largely influenced by both the farmers market and baseball activities. He noted discussions with the farmers market regarding reducing the number of vendors from 75 to 50-55, and also requested that baseball games be temporarily scheduled outside the 1:30-2:30 PM window to help alleviate traffic. He clarified that the request to the farmers market was not communicated to baseball, and that the previously mentioned locking of gates did not occur. Additionally, CM Killingsworth mentioned meeting with the president of the baseball organization to address ongoing issues, such as the lack of a contract since 2021, which is being worked on. His goal was to create an additional hour of reduced traffic to assess the impact, and an email was sent confirming this verbal agreement. Mayor Ford inquired whether it would be possible to expedite this process given its importance. CM Killingsworth responded that the farmers market needs time to reduce vendor numbers in an orderly manner. He emphasized that the traffic issues on Sunday mornings are unrelated to tennis or skateboarding and are primarily about managing parking spaces. Mayor Ford requested that PC Gualillo ensure the police cars are removed from the City Hall parking lot until the situation is resolved. Further discussion took place, with Kelly Hampton addressing questions from the Commission and staff. CM Killingsworth confirmed that once insurance is verified, baseball reservations will be reinstated. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole  Apologized to the Outdoor Kids School. Commissioner Grant  Reminded everyone of the Epson Tour being held at the AB Country Club.  Addressed the farmers market and baseball league, requesting that ABAA be provided with the necessary resources at Donner, approval for their fence as proposed, and Page 4 of 38 Agenda Item #1.A. 10 Mar 2025 Page 8 of 316 Regular City Commission February 24, 2025 assistance with permitting, including for the batting cage. CM Killingsworth responded that the contract issue will be resolved, staff is already providing support, and communication will be improved. There was a CONSENSUS to direct CM to work on a contract with the baseball league and and provide the Commission with a copy by the March 10, 2025 meeting. Commissioner Kelly  Discussed the importance of having an active recreation department.  Inquired about previous events and whether they could become a regular occurrence. Commissioner Ring  Expressed gratitude to Scott Williams for his dedication and hard work. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No 25-14. 6.B. Approve Resolution No 25-15. MOTION: Approve Resolution 25-14 and 25-15 (Approve Consent Agenda Items (6A & 6B) as written). Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXPENDITURES OF FUNDS FROM THE TREE CONSERVATION TRUST FUND FOR TREE PLANTINGS AND LANDSCAPING ON PUBLICLY OWNED LANDS AT TWO WELCOME SIGNS WITHIN THE CITY OF ATLANTIC BEACH; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE Page 5 of 38 Agenda Item #1.A. 10 Mar 2025 Page 9 of 316 Regular City Commission February 24, 2025 PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Adopt Resolution (No.) 25-17. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 5-25-71, Public Hearing and Final Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING PORTIONS OF PREVIOUS RESOLUTIONS REGARDING THE CREATION OF THE ARTS, RECREATION, AND CULTURE COMMITTEE; CHANGING THE TITLE OF CHAPTER 5 TO BEACHES, PARKS AND RECREATION WITH THE PURPOSE OF ESTABLISHING PROVISIONS GOVERNING THE ARTS, RECREATION, AND CULTURE COMMITTEE INCLUDING: PURPOSE; MEMBERSHIP; TERMS OF MEMBERSHIP; FILLING OF VACANCIES; REMOVAL OF MEMBERS; DUTIES AND RESPONSIBILITIES; CITY STAFF ADMINISTRATIVE SUPPORT; PROCEDURES AND RULES; ORGANIZATION OF OFFICERS AND LIABILITY TO CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Deferred to the April 14, 2025 meeting. 9.B. ORDINANCE NO. 95-25-124, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND THE NATURAL ENVIRONMENT, DIVISION 3. – PERMITS, SEC. 23-23.- PERMITS PROCEDURES, AND SEC. 23-25.- APPEALS; AMENDING DIVISION 6.-VIOLATIONS, ENFORCEMENT AND PENALTIES BY MOVING SEC. 23-52.-, ENVIRONMENTAL STEWARDSHIP COMMITTEE-INTENT, INTO A NEW DIVISION 7, ENTITLED ENVIRONMENTAL STEWARDSHIP COMMITTEE, AND RENUMBERING WITH NEW SECTIONS, OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Page 6 of 38 Agenda Item #1.A. 10 Mar 2025 Page 10 of 316 Regular City Commission February 24, 2025 Deferred to the April 14, 2025 meeting. 9.C. ORDINANCE NO. 95-25-125, Public Hearing and Final Reading AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS), ARTICLE III (PUBLIC PARKS), TO ADD A NEW SECTION 5-34 ESTABLISHING RULES AND REGULATIONS FOR CONDUCTING BUSINESS ACTIVITIES IN CITY-OWNED PARKS AND FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT, SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR INCORPORATION AND CODIFICATION IN THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. MOTION: Approve (Ordinance No.) 95-25-125. Motion: Bruce Bole Second: Candace Kelly Commissioner Ring recommended deferring this item. Commissioner Grant recommended deferring this item. Commissioner Bole Expressed support for deferring this item. Commissioner Kelly voiced support for the ordinance, highlighting its relevance to the goal of risk management. The public hearing was opened, the following speakers provided their comments to the public: Leanne Ken Caudle Lynn Coalson Joel Doug Essig Don Wolfson The public hearing was closed. Motion was withdrawn. Motion passed unanimously 5 to 0. MOTION: Defer (Ordinance No. 95-25-125) to April 14, 2025. Page 7 of 38 Agenda Item #1.A. 10 Mar 2025 Page 11 of 316 Regular City Commission February 24, 2025 Motion: Bruce Bole Second: Jessica Ring Commissioner Ring requested that the rules and regulations be included. CM Killingsworth explained that ordinances are typically kept general, with rules and policies developed by staff for implementation. CA Gabriel suggested presenting language for possible amendments or policy consideration at the April 14th meeting. Commissioner Bole encouraged providing input on this matter to the CM prior to the next meeting. CC Bartle inquired about the noticing process. CA Gabriel clarified that both the reading and public hearing are deferred, and the discussion is focused on incorporating additional information into the context of the bill. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed 5 to 0. 9.D. ORDINANCE NO. 75-25-29, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CREATING WITHIN CHAPTER 21, NEW ARTICLE VIII, REGULATION OF BICYCLES, ELECTRIC BICYCLES, AND PERSONAL MOBILITY DEVICES, OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Ordinance No. 75-25-29 on first reading. Motion: Bruce Bole Second: Jessica Ring Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Page 8 of 38 Agenda Item #1.A. 10 Mar 2025 Page 12 of 316 Regular City Commission February 24, 2025 Motion passed 5 to 0. 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing on Waiver Request (WAIV25-0001) Request for a waiver from Section 19-1 to allow a landscaping wall in city right-of- way at 386 7th Street. 10.B. City Attorney Procedural Reminders CA Gabriel explained the procedures as detailed in the agenda packet. 10.C. Disclosure of Ex Parte Communications, if any The Commission indicated that there were ex parte communications. 10.D. Swearing in of all persons who will speak CC Bartle administered the oath to all speakers. 10.E. City Staff Overview PCDD Askew gave a presentation (which is attached hereto and made part of this Official Record as Attachment E) and answered questions from the Commission. 2-24-25 Attachment E 10.F. Applicant Presentation Bryan Derr spoke to the Commission and answered questions. CM Killingsworth and PCDD Askew answered questions from the Commission. 10.G. Public Comments None. 10.H. Closing Comments/Rebuttal None. 10.I. Commission Deliberation and Action MOTION: Deny the petition (request) for a waiver (does not meet any of the waiver criteria). Motion: Candace Kelly Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly (Moved By) For Page 9 of 38 Agenda Item #1.A. 10 Mar 2025 Page 13 of 316 Regular City Commission February 24, 2025 Jessica Ring For Motion passed 5 to 0. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Killingsworth  Informed the Commission that a resolution for Aquatic Gardens will be presented at the next meeting and discussed timeline issues related to the contract.  He also mentioned ongoing collaboration with the Transportation Planning Organization regarding the roundabout project, ensuring it is included on the list of priority projects to be eligible for state and federal funding. The Commission expressed support for moving forward with a plan for design, emphasizing that citizens will have an opportunity to provide input on the design, including concerns about safety and other factors. 13. ADJOURNMENT The meeting adjourned at 9:53 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:_________________ Page 10 of 38 Agenda Item #1.A. 10 Mar 2025 Page 14 of 316 Attachment A to 2-25-25 Minutes Page 11 of 38 Agenda Item #1.A. 10 Mar 2025 Page 15 of 316 Page 12 of 38 Agenda Item #1.A. 10 Mar 2025 Page 16 of 316 Attachment B to 2-24-25 Minutes Page 13 of 38 Agenda Item #1.A. 10 Mar 2025 Page 17 of 316 Attachment B to 2-24-25 Minutes Page 14 of 38 Agenda Item #1.A. 10 Mar 2025 Page 18 of 316 Attachment B to 2-24-25 Minutes Page 15 of 38 Agenda Item #1.A. 10 Mar 2025 Page 19 of 316 Attachment B to 2-24-25 Minutes Page 16 of 38 Agenda Item #1.A. 10 Mar 2025 Page 20 of 316 Attachment B to 2-24-25 Minutes Page 17 of 38 Agenda Item #1.A. 10 Mar 2025 Page 21 of 316 Attachment B to 2-24-25 Minutes Page 18 of 38 Agenda Item #1.A. 10 Mar 2025 Page 22 of 316 Attachment B to 2-24-25 Minutes Page 19 of 38 Agenda Item #1.A. 10 Mar 2025 Page 23 of 316 Attachment B to 2-24-25 Minutes Page 20 of 38 Agenda Item #1.A. 10 Mar 2025 Page 24 of 316 Attachment B to 2-24-25 Minutes Page 21 of 38 Agenda Item #1.A. 10 Mar 2025 Page 25 of 316 Page 22 of 38 Agenda Item #1.A. 10 Mar 2025 Page 26 of 316 Attachment C to 2-24-25 Minutes Page 23 of 38 Agenda Item #1.A. 10 Mar 2025 Page 27 of 316 Attachment C to 2-24-25 Minutes Page 24 of 38 Agenda Item #1.A. 10 Mar 2025 Page 28 of 316 Attachment D to 2-24-25 Minutes Page 25 of 38 Agenda Item #1.A. 10 Mar 2025 Page 29 of 316 Attachment D to 2-24-25 Minutes Page 26 of 38 Agenda Item #1.A. 10 Mar 2025 Page 30 of 316 Attachment D to 2-24-25 Minutes Page 27 of 38 Agenda Item #1.A. 10 Mar 2025 Page 31 of 316 Page 28 of 38 Agenda Item #1.A. 10 Mar 2025 Page 32 of 316 Request for a waiver to allow a landscaping wall in the city right-of-way in front of property WAIV25-0001 386 7th St. Attachment E to 2-24-25 Minutes Page 29 of 38Agenda Item #1.A.10 Mar 2025Page 33 of 316 Site Context and Details Located on south side of 7th Street, one lot east of Sherry Dr. Zoned Residential, Single-Family (RS-1) 7th Street Attachment E to 2-24-25 Minutes Page 30 of 38Agenda Item #1.A.10 Mar 2025Page 34 of 316 Background June 2024: Stop work order issued for installing a landscaping wall without a permit November 2024: Code enforcement action initiated Status: Applicant installed a wooden wall (2.5 ft tall, 12ft perpendicular to the right-of-way, 16 ft along the eastern front) Existing Condition: Prior pavers (5 in tall) installed without a permit; new wall is not structurally necessary for soil retention Attachment E to 2-24-25 Minutes Page 31 of 38Agenda Item #1.A.10 Mar 2025Page 35 of 316 Site Context and Details Attachment E to 2-24-25 Minutes Page 32 of 38Agenda Item #1.A.10 Mar 2025Page 36 of 316 Site Context and Details Unpermitted 2.5’ tall wood landscaping wall Attachment E to 2-24-25 Minutes Page 33 of 38Agenda Item #1.A.10 Mar 2025Page 37 of 316 Site Context and Details View from behind unpermitted 2.5’ tall wood landscaping wall Right (west) side of driveway Attachment E to 2-24-25 Minutes Page 34 of 38Agenda Item #1.A.10 Mar 2025Page 38 of 316 Relevant Code Sections Section 19-1(c): Prohibits construction in city rights-of-way, including decorative walls, barriers, landscaping (except sod), and other obstructions Section 19-2: Permits can be issued if the construction benefits the public and does not conflict with public interest Section 24-66(e): Waivers require evidence that compliance is unreasonable, conflicts with the public interest, and a practical impossibility Attachment E to 2-24-25 Minutes Page 35 of 38Agenda Item #1.A.10 Mar 2025Page 39 of 316 Waiver Request Applicant seeks to maintain the unpermitted landscaping wall: Dimensions: 2.5 ft tall, 12 ft perpendicular, 16 ft along the front Attachment E to 2-24-25 Minutes Page 36 of 38Agenda Item #1.A.10 Mar 2025Page 40 of 316 Considerations Police and Public Works Departments oppose the request, citing safety concerns Safety zone requirement: Section 19-5(b)(1): Maintain a safety zone 2 ft from the edge of the pavement Proposed wall location conflicts with this requirement Staff analysis: Wall does not serve a structural purpose Previous unpermitted pavers were removed; replacement unnecessary Recommendation: Relocate wall outside of right-of-way if approved Attachment E to 2-24-25 Minutes Page 37 of 38Agenda Item #1.A.10 Mar 2025Page 41 of 316 Waiver Process Application Submission: Applicant submits a waiver request to the Community Development Board (CDB) CDB Review: CDB evaluates the request based on compliance with Section 24-66 Determines if the request meets the following criteria: Compliance is unreasonable Compliance conflicts with the public interest Compliance is a practical impossibility City Commission Review: Reviews CDB’s recommendation Holds a public hearing to discuss the waiver request Makes a final decision: Approve, Approve with Conditions, or Deny Implementation: If approved, applicant proceeds under and specified conditions Denial requires compliance with current regulations Public Hearing Date: February 24, 2025 Attachment E to 2-24-25 Minutes Page 38 of 38Agenda Item #1.A.10 Mar 2025Page 42 of 316 Agenda Item #3.A. 10 Mar 2025 Page 43 of 316 Agenda Item #3.A.10 Mar 2025 Page 44 of 316 Agenda Item #3.A.10 Mar 2025 Page 45 of 316 Agenda Item #3.A.10 Mar 2025 Page 46 of 316 Agenda Item #6.A. 10 Mar 2025 Page 47 of 316 Agenda Item #6.A. 10 Mar 2025 Page 48 of 316 Agenda Item #6.A. 10 Mar 2025 Page 49 of 316 Agenda Item #6.A. 10 Mar 2025 Page 50 of 316 Agenda Item #6.A. 10 Mar 2025 Page 51 of 316 Agenda Item #6.A. 10 Mar 2025 Page 52 of 316 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-23 authorizing the City Manager to execute a change order with ACON Construction Company for the replacement of the dune walkover at Ahem Street. SUBMITTED BY:Steve Swann,PE,City Engineer TODAY’S DATE:February 27,2025 MEETING DATE:March 10,2025 BACKGROUND:ACON Construction Company is currently rehabilitating and expanding the Atlantic Beach Lifeguard Station under a design-build with the City.As part of the overall project, the existing dilapidated dune walkoverwill be replaced with a new American with Disabilities Act (ADA)compliant walkover that will be six feet wide and extend to the front of the adjacent sand dunes at Ahem Street. The dune walkover replacement was not included in the initial design—buildcontract because of unknowns relating to the latest beach renourishment and dune replacement project and uncertainty where the new dune walkover would be located.After completion of beach renourishment and the design of the new lifeguard station,City staff surveyed the area and developed a design for a replacement walkover. Staff also applied for and obtained a Coastal Construction Control Line permit from the Florida Department of Environmental Protection for the demolition of the existing dune walkover and construction of the new ADA compliant walkover.Concurrently,staff applied for and received a $60,000 grant through the Florida Department of Environmental Protection’s Coastal Partnership Initiative (CPI)program.ACON Construction Company submitted a change order request in the amount of $125,366.50 to demolish the existing dune walkover and construct the new dune walkover. The CPI grant will cover almost 50%of the project cost. Staff recommends that the City Commission authorize the City Manager to a contract amendment with ACON Construction Company in the amount of $125,366.50 for the demolition of the existing dune walkover at Ahem Street and construction of a new ADA compliant walkover. BUDGET:$125,366.50 RECOMMENDATION:Commission review and vote on Resolution No.25-23 ATTACHMENTS:Proposed Resolution No.25—23 Exhibit A ACON Cons c on Company Change Order Request REVIEWED BY CITY MANAGER: Agenda Item #6.B. 10 Mar 2025 Page 53 of 316 Exhibit A ACON Construction C0.,Inc.AVAVAVAVAVAVAVAV 3653 Regent Boulevard.Suite401 .Jacksonville,Florida32224 -Telephone(904)565-9060Fax(904)565-9080 Feb 27,2025 City of Atlantic Beach (COAB) 800 Seminole Road Atlantic Beach,FL 32233 Attention:Mr.Steve Swann,P.E. City Engineer Reference:Lifeguard Station Project Beach Walkover Adder COJ DB Contract #71629—22 "Piggyback” Mr.Swarm, We are pleased to provide this proposal for the work on the subject project under the guidelines of the referenced contract. The scope of this project phase is to provide the build the walkover at the end of Ahern Street per the permit provided by COAB and the proposal provided by Hayward Construction as attached.We have included a contingency to be utilized by ACON as needed per the base contract.While the contract contingency can be 15%,budget constraint does not accommodate that amount so the $3500.00 contingency is suf?cient if no major issues arise. Our Guaranteed Maximum Price (GMP)for the project scope as stated is $125,366.50. The Guaranteed Completion Date (GCD)will be 120 days from receiving an NTP. Breakdowns follow this letter.Please contact me if you have any questions or need further information. ’._. Frank Anderson Construction Manager Since rely, Agenda Item #6.B. 10 Mar 2025 Page 54 of 316 Project Management Supervision Ad ministration Hatward Construction per Proposai Bond Adder LimitedContingency per Base Contract (Budget Restrained) Hrs Hrs Hrs Al Al L5 12 24 10 $110.00 $75.00 $75.00 $107,250.00 $2,000.00 $3,500.00 $1,320.00 $1,800.00 $750.00 $107,250.00 $2,000.00 $3,500.00 Subtotal DB Fee LS $8,746.50 $116,620.00 $8,746.50 Agenda Item #6.B. 10 Mar 2025 Page 55 of 316 HAYWARD CONSTRUCTIQN Gnnup,Lu: 12058 San Jose Boulevard #303 Jacksonville FL 32223 CGC1531691 Office (904)886-7122 Fax (904)8864992 E-mail:haywardconstruct@bellsouth.net PROPOSAL February 25,2025 Proposal Submitted to:ACON /Attn:Frank Anderson Work to be performed at following address:Ahearn Street,Atlantic Beach,Fl.32233 Phone #:904-813-4065 E-mail: We hereby propose to furnish all the materials and perform the labor necessary for the completion of: >Demo existing dune walkover and haul to dumpster. )>Construct one new dune walkover,per provided plans as follows: a 6’wide x 106.5'long with a handrail down both sides. Material 5 eci?cations: o 6"tip x 8”butt x 16'long wood piles with 8’embedment. o 2 x 10 SYP PT pile cap thru bolted with 34”SS hex bolts..2 x 8 SVD PT stringers nailed in place with 3 14"SS rings shank nails and H2.6 hurricane clips. 0 Piles treated at 2.5#CCA o 1 V2”Aluminum grabrail last 30'towards water. Structural signed and sealed drawings included. Total Price for above:$107,250 Payment Intervals:30%down payment when project commences Progress payments will be requested on balance W Note to Customers:***The proposal provided Is based upon current costs and amilabllity of materials.We may experience increases in mterial costs that are beyond our control.We willaddress this with you prior to beginningyour project if it is necessary. “Excludes any sod,surveys,as builts,electrical,plumbing,permitting and/or engineering fees” “Prices subject to change due to engineering requirements and/orunforeseen site conditions“ “Although every effort will be taken to prevent any damages when accessing the worksite; HCG is not responsible for any damage to landscape/sod,irrigation, utilities and/orexisting concrete/asphalt or pavers** Page 1 of 2 SCFEWS. 12* fanderson acconcci.com Agenda Item #6.B. 10 Mar 2025 Page 56 of 316 HAYWARD BDNSTRuchN Gnnup,LLB ACON IATTN:Frank Anderson February 26,2025 Ahearn Street Atl.Bch.Dune Walkover Pro osal —Pa e 2 of 2 Prices are based upon sand bottom,in the event there are adverse conditions,such as limerock,coquina.concrete, etc.,an additional charge will be required.Materials and workmanship installed or performed by Hayward Construction shall be guaranteed under normal conditions for a period of one year from the date of installation; excluding accidents and/or Acts of God.The above work will be performed in accordance with the drawings and/ orspeci?cations submitted by the owner for the above project and compieted in a timely and professional manner. Should any of the work not be performed or supervised by Hayward Construction Group,we cannot be held responsible for any damage and/or malfunction. Any alteration or deviation from the above speci?cations involving additional costs,wili be executed only upon written agreement from both parties,and will become an extra charge over and above the estimate.Ail agreements are contingent upon strikes,accidents and/or delays beyond our control.Owner will carry ?re,tornado/ stormdamageandotherinsurancenecessaryforthejoblistedabove.Worker’s Compensation and General Liabilit yInsurancefortheaboveestimatewillbecarriedbyHaywardConstructionGroup. *************$********************************************* ACCEPTANCEOF PROPOSAL The above estimate,specifications and conditions are satisfactory and are hereby accepted.The signing of this proposai authorizes Hayward Construction Group to commence work as speci?ed above. Date:Signature: Agenda Item #6.B. 10 Mar 2025 Page 57 of 316 RESOLUTION NO.25-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH ACON CONSTRUCTION COMPANY FOR THE REPLACEMENT OF THE DUNE WALKOVER AT AHERN STREET;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City awarded ACON Construction Company a design-build contract to rehabilitate and expand the Atlantic Beach Lifeguard Station;and WHEREAS,the existing dune walkover is in poor condition and will be replaced with an American with Disabilities Act (ADA)compliant dune walkover to aid in access to the beach;and WHEREAS,the City received a matching grant for construction of the dune walkover in the amount of $60,000 through the Florida Department of Environmental Protection’s Coastal Partnership Initiative program;and WHEREAS,staff completed the design of the new walkover and obtained a Coastal Construction Control Line permit from the Florida Department of Environmental Protection for the construction of the new dune walkover;and WHEREAS,the received a change order request from ACON Construction Company for $125,366.50 to demolish the existing dune walkover and construct the new dune walkover as described in Exhibit A attached hereto and made a part hereof. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to execute a contract modi?cation with ACON Construction Company for demolition of the existing dune walkover at Ahem Street and construction of a new ADA compliant dune walkover and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 2.This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach,Florida, 10thday of March 2025. Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Gabriel,City Attorney Agenda Item #6.B. 10 Mar 2025 Page 58 of 316 Agenda Item #8.A. 10 Mar 2025 Page 59 of 316 Agenda Item #8.A. 10 Mar 2025 Page 60 of 316 Agenda Item #8.A.10 Mar 2025 Page 61 of 316 Agenda Item #8.A.10 Mar 2025 Page 62 of 316 Agenda Item #8.A.10 Mar 2025 Page 63 of 316 Agenda Item #8.A.10 Mar 2025 Page 64 of 316 Agenda Item #8.A.10 Mar 2025 Page 65 of 316 Page 66 of 316 AGENDA ITEM:Resolution No.25-18 authorizing the agreement for Saratoga Circle lift station service area testing,monitoring,inspections and report. SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:February 26,2025 MEETING DATE:March 10,2025 BACKGROUND:The Public Utilities Department is working to reduce the in?ow and in?ltration into the City’s aging sewer system.Storrnwater runoff and groundwater are entering the sewer system through cracks,broken laterals and offset pipe joints,and this is resulting in higher ?ows and the need for treatment at the wastewater treatment plant.Testing in the Pahn Avenue lift station service area, which was identi?ed as one of the worst areas in the city for in?ow and in?ltration,has been completed and ?ndings reported . The next area for completion will be the Saratoga Circle service area.Staff received a proposal to perform smoke testing in the sewer system to identify the areas where stormwater can directly enter the sewer system,to perform nighttime ?ow monitoring to identity groundwater in?ltration,perform manhole inspections to identity any defects,and to provide a report of the ?ndings with recommendations and cost estimates,just as with the Palm Avenue Lift Station service area.The 2/5/2025 proposal from USSI,LLC, piggybacks the Tohopekaliga Water Authority Contract Agreement IFB-20-076 that is good through May 2025.The proposal includes the above—mentioned testing,monitoring,inspections and report for $32,091.61. BUDGET:Adequate funds are available in the Public Utilities Fund Account No.410-5506—535-6300.Project No.PU2505. RECOMlVIENDATION:Approve the agreement with USSI,LLC for Saratoga Circle lift station service area testing,monitoring,inspections and report in the amount of $32,091 .61,and authorize the City Manager to execute the agreement and associated purchase order. ATTACHMENTS: 1.Resolution No.25-18 2.Proposal from USSI,LLC 3.TOHO Water Piggyback Contract 4.Saratoga Circle Sewer Mains Map REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Agenda Item #8.B. 10 Mar 2025 Page 67 of 316 Jason R.Gabriel,City Attorney Resolution No.25-18 Donna L.Bartle,City Clerk Curtis Ford,Mayor RESOLUTION NO.25-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE AGREEMENT FOR THE SARTOGA CIRCLE LIFT STATION SERVICE AREA TESTING,MONITORING,ISNPECTION S AND REPORT;AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Public Utilities Department is having lift station service areas throughout the city tested for in?ow and in?ltration in the aging sewer system;and WHEREAS,the Palm Avenue lift station area has already been completed and reports and ?ndings for corrective actions are being implemented;and WHEREAS,the next lift station service area with a high in?ow and in?ltration problem is ready to be tested;and WHEREAS,the company,USSI,LLC,retumed a proposal to the Public Utilities Department in the amount of$32,091.61;and WHEREAS,the proposal piggybacks off of the Tohopekaliga Water Authority Contract Agreement IFB-20-076. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby appropriates funds from City’s Public Utilities Fund 410—5506-535-6300 for Project PU2505 in the amount of $32,091 .61 Section 2.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 10th day of March,2025. Approved as to form and correctness: Page 1 of 1 Attest: Agenda Item #8.B. 10 Mar 2025 Page 68 of 316 USSI,LLC 752 Commerce Drive Suite 15 Venice,FL 34292 US (888)645-9570 dion@ussiusa.com ADDRESS City of Atlantic Beach Attn:Steve Swann 800 Seminole Road Atlantic Beach,FL 32233 ACTIVIT QTY RATE AMOUN Smoke Testing Smoke Testin with Detailed Re ort of Defects LS -L &LS-E Manhole Inspections Manhole Ins ections LS -L &l:§:_E_) Midnight Investigation Monitor flows in sanitary sewer during low usage periods to identify flows that are not due to usage,likely resulting from inflow.(LS -L & LS-E Mobilization&Demobilization Mobilization&Demobilization TOHO Contract Per:Tohopekaliga Water Authority (TOHO)Contract Agreement IFB- 20-076 (LS -L &LS-E) 39,593 39,593 39,593 0.36 0.27 0.14 1,605.00 0.00 14,253.48 10,690.11 5,543.02 1,605.00 0.00 Accepted By Accepted Date $32,091 .TOTAL "a,notecnuem :1‘xnunu Risouncu1,:rumour.»rtcnxmo?v Estimate 2271 DATE 02/05/2025 EXPIRATIONDATE 03/05/2025 "$3.60 ts Ugé???i Agenda Item #8.B. 10 Mar 2025 Page 69 of 316 *** U 81 1:AL!" USSIUSA.COM USSI 752 COMMERCE DR.SUITE 15 VENICE,FL 34292 “PROTECTIN OUR NATURAL RESOURCES THROUGH ?‘ JC Agenda Item #8.B. 10 Mar 2025 Page 70 of 316 @1 C.‘OVTI'VNTS USSI 752 COMMERCE DR.SUITE 15 VENICE,FL 34292 USSIUSA.COM m '..W . O1.31- INVITATION TO BID USSI PROPOSAL AWARD CONTRACT Agenda Item #8.B. 10 Mar 2025 Page 71 of 316 @8[ SECTION 1 IWV1'1 KTIQN 1'0 J BID 941-926-2646 USSIUSA.COM USSI 752 COMMERCE DR.SUITE 15 VENICE,FL __.__..-_..___._._.- r1 Agenda Item #8.B. 10 Mar 2025 Page 72 of 316 x.i [N VITATION FOR BID Tor. Water 6AuthorityA! " ~4/5'43.\6)ISSUEDATE: MARCH I 1,202 TOHO WATER AUTHORITY IS A NON-SMOKING AGENCY. SMOKING IS STRICTLY PROHIBITED IN ALL FACILITIES AND ON ALL AUTHORITY PROPERTIES. SUBMITBID TO: CONTACTPERSON:Jiil Selby,Procurement Toho Water Authority Coordinator Procurement Services 1628 S.John Young Pkwy. Kissimmee,FL 34741 EMAILADDRESS:procurement@tohowater. com (Directions:From 192,take John Young Parkway south;turn right onto Mohawk Lane just south of RaceTrac;continue straight onto Toho Water Authority’s property to stop sign,then turn right; follow signs to Warehouse Building.) PHONE:(407)944-51 80 PRE-BID CONFERENCE:N/A DEADLINEFOR WRITTET‘I QUESTIONS:Friday,March 20,2020 at 5:00 pm. BID DUE=APRIL 2,2020 AT 2:00 P.M. (407)931- I QB FAX: BID N0:BID TITLE: IN-FLOW ABATEMENTSERVICES -a. lFB-20- Agenda Item #8.B. 10 Mar 2025 Page 73 of 316 SECTION 1 GENERAL TERMS AND CONDITIONS “*PLEASE READ CAREFUI.I.Y*“ BIDDER OR OFF EROR:THESE CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on all Bidders or Ot‘ferors and,except to the extent otherwise provided,are incorporated by reference in all contracts resulting from any written Request for Quotation(RFQ),Invitation for Bid (IFB) or Request for Proposal(RFP)issued,collectively the ("Request"),to whichthey are attached and response thereto (Bid)or (Proposal).Use of the term "bid"in these General Terms and Conditions and Instructions to Bidders or Ot‘ferorsis not intended to be restricted to an IFB and shall also affect written RFQ’sor RFP’s. These instructions are standard for all contracts for commodities or services issued through the Tohopekaiiga Water Authority (the "Authority")Procurement Services Division.The Authority may delete,supersede.or modify any of these standard instructionsfor a particular contract by indicating such change in the IFB Special Conditions,Technical Speci?cations,Instructions,Proposal Pages,Addenda, and Legal Advertisement. PART I -CONDITIONS OF BIDDING 1.1 C LARIF ICATION OF TERMS:If any Bidder or Ol’ferorhas questions about the specifications or other solicitationdocuments in connection with an RFQ,RFP or IFB,the prospective Bidderor Offeror must contact the buyer whose name appears on the face of the solicitationno later than ?ve (5)business days prior to the date set for the opening of Bid or Proposals or receipt of Preposals. Any revisionsto the solicitationwill be made only by addendum issued by the buyer.Noti?cations regarding speci?cations may not be consideredif received in less than ?ve (5)business days of the date set for openingof Bid or Proposals or receipt of Bids or Preposals. 1.2 USE OF AUTHORITY FORM AND TERMS AND CONDITIONS:Failure to submit a solicitation on the of?cial Authority form provided for that purpose or unauthorized modi?cation of or additionsto any portion of the solicitationdocuments may be a cause for rejection of the Bid or Proposal.The Authority reserves the right to decide.on a case-by-ease basis.in its sole discretion,whetherto rejeet any Bid or Proposal which has been modi?ed.The Authority shall not be responsiblefor any errors or omissions of the Bidder or O?‘eror. The solicitation shall be signed by a representative authorized to legally bind the ?rm submitting the Bid or Proposal.By signing the solicitation,the Bidder or Offeror agrees to the terms and conditions of the solicitation and certi?es that it has inspected the job site(s)and shall be deemed to be aware of the conditions under which the work must be accomplished.Claims,as a result of failure to inSpectthe job site.shall not be considered by the Authority. 1.3 EXCEPTIONS:For purposed of Bid or Proposal evaluation,Bidder or Offeror must indicate any exceptions,no matter how slight,from the General Terms and Conditions.Special Conditions, Speci?cations or Addenda in the space provided on the Bid or Proposal form.No exceptions by a Bidder or Offeror will be consideredor deemeda part of the Bid or Proposal submitted unless such exceptions are listed in the Bid or Proposal and referenced in the space provided on the Bidder or Offeror proposal form.If exceptions are not stated or referenced as required.it will be assumed that the product or service ?ully complies with the Authority’s terms,conditions,and speci?cations. Agenda Item #8.B. 10 Mar 2025 Page 74 of 316 1.4 1.5 1.6 1.7 By receiving a Bid or Proposal,the Authority does not necessarily accept any exceptions contained in the Bid or Proposal.All exceptions submitted are subject to review and approval by the Authority.If any Bid or Proposal contains material exceptions that,in the Authority’s sole opinion, make that Bid or Proposal conditional in nature,the Authority reserves the right to reject the Bid or Proposal in its entirety or that part of the Bid or Proposal which contains material exceptions. NO BID RESPONSE:Vendors electing not to submit a Bid or Proposal in response to this solicitation should complete the attached “No Bid”Response form. BID 0R PROPOSALS FIRM FOR ACCEPTANCE:Bidder or OITeror warrants.by virtue of bidding,that its Bid or Proposal and the prices quoted in its Bid or Proposal will be ?rm for acceptance by the Authority for a period of ninety (90)days from the date of Bid or Proposal opening unless otherwise stated in the solicitation. LATE BID 0R PROPOSAL &MODIFICATION OF BID OR PROPOSAL:Any Bid or Proposal modification received at the of?ce designated in the solicitation alter the exact time speci?ed for receipt of the Bid or Proposal or the modificatiOnis considered a late Bid or Proposal modi?cation and may not be considered. The Authority is not responsible‘l'or delays in delivery of the mail by the US.Postal Service,private carriers or the inter office mail system.It is the sole responsibility of the Bidder or Ol‘fcrorto ensure its Bid or Proposal reaches the Procurement Services Of?ce by the designated date and hour. a.The of?cial time used in the receipt of Bid or Proposals is that time stamped by the automatic time stamp machine in the Procurement Services Of?ce.Date/time stamps marked after the designatedtime of receipt will be rejected. b.Late Bid or Proposal modi?cations will be returned to the Bidder or Ot'feror UNOPENED,if solicitation number,acceptance date,and Bidder/Olferor return address is shown on the container. c.if the Authority closed its of?ce due to inclement weather.the time for Bid or Proposals opening or receipt of Bid or Proposals will be extended to the next business day,same time. d.Vendors may modify their Bid or Proposals prior to the date and time speci?ed for the bid opening.Facsimile modi?cation of Bid or Proposals shall not be accepted unless the solicitationallowed submittalby facsimile. WITHDRAWAL OF BID OR PROPOSALS:A Bidder or Offeror for a contract may request withdrawal of his or her Bid/Proposalunder the following circumstances: a.Bid or Proposals may be withdrawn on written requests from the Biddersor Offerors received at the address shown in the solicitationprior to the time of acceptance. b.Requests for withdrawalof Bid or Proposals alter opening of such Bid or Proposals but prior to award shall be transmitted to the Authority’s Procurement Services Division,in writing, accompanied by full documentation supporting the request.If the request is based on a claim of error.documentationmust show the basis of error.Such documentationmay take the form of supplier quotations,vendor work sheets,etc.If bid bonds were tendered with the Bid/Proposalthe Authority may exercise its right of collection. c.Bid or Proposals shall not be withdrawn after award of a contract or issuance of a purchase order.No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a Bidder/Offeror as a result of the breach or nonperfonnance of such contract or purchase order. 5| Agenda Item #8.B. 10 Mar 2025 Page 75 of 316 1.8 1.9 1.9.1 1.10 ERROR 1N BID OR PROPOSALS:When an error is made in extending total prices,the unit bid price will govern.Erasures in Bid or Proposals must be initialed by the Bidder or Offeror. Carelessness in quoting prices or in preparation of bid or otherwise,will not relive the Bidder or Offeror of its responsibilitiesto provide the good or service.Bidders or Offerors are cautioned to rechecktheir Bid or Proposal for possible errors.Errors discovered after publicopening cannot be corrected and the Bidder or Offeror will be required to perform if his or her Bid or Proposal is accepted. IDENTIFICATION OF BID ENVELOPE:The signed Bid or Proposal envelope and requested copies should be returned in a separate envelope or package,sealed and identi?ed with the following information: IFB No.and Title/Due Date Name of Bidder or Offeror Street City,State,Zip Code Attn:Procurement Services Please attach the label rovided Attachment C on the outside mailin acka e. If a Bid or Proposal is not addressed with the informationas shown above,the Bidder or Oli‘eror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the Bid or Proposal to be disquali?ed.Bid or Proposals may be hand delivered to the designated location in the of?ce issuing the solicitation.No other correspondence or other proposals should be placed in the envelope. PRICING a.Bidder or O?‘eror warrants by virtue of bidding that prices,terms and conditions quoted in its Bid or Proposal will be ?rm for acceptance for a period of ninety (90)days from the date of Bid or Proposal opening unless otherwise stated by the Authority or Bidder or Offeror. b.Prices should be stated in units of quantity as speci?ed in the Bid/Proposal l‘onn. Life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid or Proposal.This analysis may consider,in addition to purchase price,any proposed upward or downward escalator clauses proposed for the initialcontract term and any potential renewal terms;operating and related costs over the life of the item including maintenance,down time,energy costs,salvage value,etc. (1.Bid or Proposal priccs shall be for complete installation ready for the Authority’s use and shall include all applicable freight and,installation charges;extra charges not allowed. e.When an annual contract is not requested by the Authority and the Bid or Proposal is for products or services to be delivered on a one-time only or staggered basis,only ?rm pricin gshallbegivenconsideration.General terms such as "price in effect at time of delivery"shall not be considered. 9 OPENING:At the time ?xed Forthe opening of responses to a Bid or Proposal,all Bid or Proposals will be opened and the names of the Bidders or Offerors and the amount shall be read aloud and made readily available to the public.If a public opening of a Request for Proposal is held,only the names of the Bidders of Of‘ferorswill be read publicly. 5 Agenda Item #8.B. 10 Mar 2025 Page 76 of 316 1.12 1.13 1.14 1.15 TIE BID OR PROPOSALS:A Drug Free Workplace Statement must be completed,signed,and returned prior to award of Bid or Proposal.This form will be used whenever two or more Bid or Proposals that are identical with respect to price,quality,delivery,and service are received;a Bid or Proposal received from a business that certi?es that it has implemented a drug-free workplace program shall be given preference in the award process. TAX EXEMPTION:The Authority is exempt from Federal excise and State sales taxes.Tax exemption numberis {ES-801289768002 and is also stipulated on our Purchase Orders. N0 CONTACT POLICY:No Bidder or Offeror shall initiate or otherwise have contact related to the solicitation(RFQ,IFB or RFP)with an Authority representative,of?cer or employee,other than with the Procurement Services Division,after the date and time established for receipt of Bids or Proposals.Any contact initiated by a Bidder or Offeror with any Authority representative, of?cer or employee other than through the Procurement Services Division,concerning this solicitation is prohibited and may cause the disquali?cation of the Bidder or Offer-or from this [)I'OCurement pI‘OCBSS. LICENSES,PERMITS,AND FEES:All Bid or Proposals submittedshall have includeda list of any business and professional licenses.permits,or fees required by the Authority. PART II -DEF INITIONS/ORDER OF PRECEDENCE BIDDING DEFINITIONS:The Authority will use the following de?nitions in its these CONDITIONS AND INSTRUCTIONSTO BIDDERS OR OFFERORS and in its general conditions,special conditions,technical speci?cations,instructions to Bidders or Offerors, addenda,and any other document used in the bidding process: a.INVITATION FOR BID —(IFB)when the Authority is requestingBids from quali?ed Bidders .b.REQUESTFOR PROPOSAL —(RFP)when the Authority is requesting proposals from quali?ed Offerors. REQUESTFOR QUOTATION —-(RFQ)when the Authority is requesting quotes from quali?ed Bidders or O?‘erors. BID —a price and terms quote receivedin response to an IFB. PROPOSAL «a proposal received in response to an RFP or RFQ. BIDDER ——person or ?rm submitting a Bid. OFFEROR ~person or ?rm submitting a Proposal. RESPONSIVE BIDDER a person whose bid conforms in all materialrespects to the terms and conditionsincluded in the lFB. i.RESPONSIBLE BIDDER —a person who has the capability in all respects to perform in full the contract requirements,as stated in the IFB.and the integrity and reliability that will assure good faith performance. j.CONTRACTOR —a successful bidder or offeror who is awarded a purchase order,award contract,blanket purchase order agreement,or term contract to provide goods or services to the Authority. k.CONTRACT —a written agreement for the procurement or disposal of equipment,materials ,supplies,or services but not for public construction. 1.PUBLIC ENTITY CRIME and CONVICTED VENDOR LIST have the meanings set out i nSection287.133.Florida Statutes. PFearing 7| Agenda Item #8.B. 10 Mar 2025 Page 77 of 316 l) I”v 2.2 351 3.3 3.4 4.1 SPECIAL CONDITIONS:Any and all Special Conditions contained in this IFB that may be in variance or con?ict with these General Conditions shall have precedence over these General Conditions,except as otherwise provided.If no changes or deletions to the General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety. PART III -SPECIFICATIONS BRAND NAME OR EQUAL:When the technical speci?cations call for a brand name, manufacturer,make,model,or offeror catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level ot‘quality and features desired and acceptable to the Authority.In such cases,the Authority will be receptive to any unit that would be considered by quali?ed Authority personnel as an approved equal.In that the speci?ed make and model represent a level of quality and features desired by the Authority,the Bidder or Offeror must state clearly in its bid any exceptions from those speci?cations.It is the Bidder’s or Offeror's responsibilityto provide adequate information in its Bid or Proposal,to enable the Authority to ensure that the Bid or Proposal meets the required criteria.If adequate information is not submitted with the Bid or Proposal,it may be rejected.T he Authority will be the sole judge in determining if the item Bid or Proposal qualities as an approved equal. FORMAL SPECIFICATIONS:When a solicitationcontains a speci?cation which states no substitutes,no deviation there from will be permittedand the Bidder or Offcror will be required to furnish articles in conformity with that speci?cation. EQUIPMENTSTANDARDS:Any equipment delivered shall be standard new equipment,latest model,the best quality,and the highest grade work,except as otherwise speci?cally stated in the Bid or Proposal.Any part of nominal appurtenances which are usually provided in the manufacturer’s stock model shall be furnished. ANNUAL CONTRACT USAGE REQUIREMENTS:Whenever a Bid or Proposal is sought seeking a source of supply for an annual contract for products or services,the quantitiesor usage shown are estimates only.No guarantee or warranty is given or implied by the Authority as to the total amount that may not be purchased from any resulting contract.These quantities are for Bidder or Offerors information only and will be used for tabulationand presentation of Bid or Proposals PART IV -BIDDING AND AWARD PROCEDURES AWARD OR REJECTION OF BID OR PROPOSALS:The Authority reserves the right to accept or reject any or all Bid or Proposals and to waive minor irregularities or variations to speci?cations contained in Bid or Proposals,and minor irregularities in the bidding process.The Authority reserves the right to award the contract on a split order basis;lump sum basis,individua litembasis,or such combination as shall best serve the interest of the Authority.The Authority reserves the right to make an award to the responsive and responsible bidder whose product or service meet the terms,conditions.and speci?catiOns of the [PB and whose Bid or Proposal is considered to best the Authority’s interest.ln determining the responsiveness of the offer and the responsibilityof the Bidder or Of‘t‘eror,the following shall be considered: a.the ability,capacity and skill of the Bidder or Off‘erorto perform as required b.whether the Bidder or Offeror can perform promptly,or within the time Speci?ed,withou tdelayorinterference c.the character,integrity,reputation,judgment,experience and ef?ciency of the bidder d.the quality of past performance by the Bidder or Offeror Agenda Item #8.B. 10 Mar 2025 Page 78 of 316 4.2 4.3 4.4 4.5 9| 5'” the previous and existing compliance by the Bidderor Offeror with related laws,ordinances ,administrativerules and ordersand resolutionsand requirements of the Authority. the sufficiency of the Bidder‘sor Olfcror‘s ?nancial resources the availability,quality and adaptability of the Bidder's or Offeror’s supplies or services to the required use the ability of the Bidder or Ofi‘erorto provide future maintenance,service or parts 1.the numberand scope of conditionsattachedto the Bid or Proposal. '.=r(are If the [F8 or RFQprovides for a contract trial period,the Authorityreserves the right,in the event the selected Bidderor Offerors does not perform satisfactorily,to award for a trial period to the next ranked Bidder or O?'eror or to award a contract to the next ranked Bidder or Offeror,if that Bidder or Otteror has successfully provided senrices to the Authority in the past.This procedure to continue until a Bidder or Offer-oris selected or the contract is re-bid,at the sole option of the Authority. QUALIFICATIONS0F BIDDERS 0R OFFERORS:The Authoritymay make Such reasonabl einvestigationsasitdeemsproperandnecessarytodeterminetheabilityoftheBidderorOfferor to perform the work/fumish the item(s)and the Bidder or Offeror or shall fumish to the Authorityall such informationand data for this purpose as may be requested.The Authority reserves the right to inspect Biddcr’s or Offeror's physical facilities prior to award to satisfy questions regarding the Bidder’s or Offeror capabilities.The Authority further reserves the right to reject any Bid or Preposal if the evidence submitted by or investigations of such Bidder or Offeror is properly quali?ed to can-y out the obligations of the contract and to complete the workr'fumishthe item(s) contemplated herein. USE OF OTHER GOVERNMENTAL CONTRACTS:The Authorityreserves the right to reject any part of all of any Bid or Proposal received and utilize other available governmental contracts. is such action is in its best interest. PUBLIC ENTITY CRIMES:"A person or a?iliate who has been placed on the convicted vendor list following a convictionfor a public entity crime may not submita Bid or Proposal on a contract to provide any goods or services to a public entity,may not submit a Bid or Proposal on a contract with a publicentity for the construction or repair of a public building or public work,may not submit Bid or Preposals on leases of real property to a public entity,may not be awarded or perform works as a contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor IisL" PUBLIC RECORDS:Florida law provides that municipal records shall at all times is Open for personal inspection by any person.Section ”9.0!,F.S.,the Public Records Law.Sealed Bid or Proposals received by the Authority in connection with an lFB,RFP or RFQshall be deemed to be public records subjectto public inspection upon award,recommendation for award,or 10 days after bid opening.whichever occurs ?rst.However,certain exemptions to the public records law are statutorily provided for in Section 119.07,PS.If the Bidder or Ol’feror believes any of the informationcontained in its response is exempt from the Public Records Law,and then the Bidder or Offeror must in his or her response speci?cally identify the material which is deemed to be exempt and cite the legal authority for the exemption,otherwise,the Authority will treat all materials received as non-exempt.The Authority’s determinationof whether an exemption applies shall be ?nal,and the Bidder or Offeror agrees to defend,indemnify and hold harmless the Authority and the Authority’s of?cers,employees and agents,against any loss or damages. l‘a gt: Agenda Item #8.B. 10 Mar 2025 Page 79 of 316 Page 4.6 5.2 5.3 5.4 II] including but not limited to attorneys’fees,incurred by any person or entity as a result of the Authority’s treatment of records as public records. PROHIBITION OF INTEREST:No member,of?cer,agent,or employee of the Authority,either for himselfor as agent for anyone else or as a stockholderor owner in any other legal entity,shall participate in or bene?t directly or indirectly from any sale.purchase,lease,contract or other transactionentered into by the Authority.No contract will be awarded to a bidding ?rm in violation of the foregoing provision or in violation of Part III of Chapter 112,Florida Statutes.Any ?rm in which any member of the Board of Supervisors of the Authority or any of?cer or employee of the Authority or such individual's spouse or child is an of?cer,partner,director or proprietor or in which any such individual or any combination of them has a material interest as de?ned in Part II! of Chapter l 12,Florida Statutes,must disclose such interest and must fully comply with state law, includingthe Authority’s governing act and Part III of Chapter 163,Florida Statutes and may be precluded from obtaining an award.Bidders or Offerors must disclose any such af?liation or material interest.Failure to disclose any such affiliation or material interest will result in disquali?cation of the Bidder or Offcror and removal of the Bidder or Offeror from the Authority’s Bidder’sor Offcror'slist and prohibition from engaging in any businesswith the Authority. PART V —BONDS AND INSURANCE PERFORMANCE BOND/IRRECOVABLE LETTER OF CREDIT:If a performancebond or irrevocableletter of credit is required in the Special Conditions,the Contractor shall within??een (15)working days a?er noti?cation of award,furnish to the Authority 3 performance bond or an unconditionalirrevocable letter of credit payable to the Toho Water Authority,Florida in the face amount specified in the Special Conditions as surety for faithful performance under the terms and conditions of the contract.if the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the Authority thirty (30‘)days prior to the terminationdate of the existing performance bond.The performance bond must be executed by a surety company of recognized standing,authorized to do businessin the State of Floridaand having a resident agent.If a letter of credit is chosen,it must be in a form acceptable to the Authority,drawn on a local bank acceptable to the Authority and issued in favor of the Authority.If the Bidder or O?'eror wishesto use a non—localbank.he must have prior Authority approval of the requirements to draw against the letter of credit. BID SURETY:If Special Conditions require a bid security,it shall be submitted in the amount stated.A bid security can be in the form of a bid bond,postal money order,cashier’s check,or irrevocable letter of credit.Bid security will be returned to the unsuccessfulBiddersor Offerorsas soon as practicableafter opening of Bid or Proposals.Bid security will be returned to the successful Bidder or Offeror alter acceptance of the performance bond or irrevocable letter of credit,if required;acceptance of insurance coverage,if required;and full execution of contract documents ,if required;or conditions as stated in the Special Conditions. LETTERS 0F CREDIT:Generally,the Authority will require that the bank be rated A or better by a major rating agency.If the rating of the bank is downgraded below investment grade or if due to other circumstances,the Authority has concerns about the credit worthinessof an issuing bank, the Bidder or O?'eror may be required to replace the letter of credit with a letter of credit issuedby .a different bank acceptable to the Authority or with a performance bond or,in the case of Bid Security with a letter of credit issued by a different bank acceptable to the Authority or with a bid bond,postal money order,cashier's check. INSURANCE:lfthe Contractor is required to go on the Authority property to perform work or services as a result of lFB award,the Contractor shall assume full reSponsibilityand expense to Agenda Item #8.B. 10 Mar 2025 Page 80 of 316 6.1 6.2 6.3 6.4 6.5 6.6 I] obtain all necessary insuranceas required by the Authority or speci?ed in the Special Conditions. The Contractor shall provide to the Authority original certificates and coverage and receive noti?cation of approval»of those certi?cates by the Authority’s Risk Manager prior to engaging in any activities under this contract,The Contractor’s insurance is subject to the approval of the Authority’s Risk Manager.The certi?cates must list the Authority as ADDITIONAL INSURED and shall have no less than thirty (30)days written notice of cancellation or material change. Further modi?cation of the insurance requirements may be made at the sole discretion the Authority’s Risk Manager if circumstanceschange or adequate protection of the Authority is not presented. PART VI -PURCHASE ORDER AND CONTRACT TERMS CONFIDENTIALITY AND OWNERSHIP OF DATA:Any reports.information,intellectual property,data,drawings,speci?cation estimates and summaries given to or prepared or assembled by the Contractor under the Scope of Work of the contract.shall not be made available to any individualor organization by the Contractor without prior written approval of the Authority.All of these items shall become the property of the Authority upon payment of fees as required by the contract. OBLIGATIONS OF THE AUTHORITY AND CONTRACTOR:Authority:The Authority shall ?lmish to the Contractor all available information as listed in the solicitation that may be useful for the contract work.The Authority shall assist the Contractor in obtaining access to enter upon public and private property as required to perform the contract work.The Authority shall designate a representative who shall serve as the principal contact and give directionto the Contractor throughout the duration of the contract.Contractor:The Contractor represents that he has.or shall secure at his expense,all personnel,includingsubcontractorsrequiredto perform and complete the Scope of Work. PAYMENT TERMS:Unless otherwiseprovided in the solicitation payment will be made thirty (30)days a?er receipt of a proper invoice with complete supporting documentation,or thirty (30) days after receipt of all goods or acceptance of work,whichever is the latter. SAFETY STANDARDS:All manufactureditems and fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act of 1970 as amended.and be in compliance withChapter 442,Florida Statutes.Any toxic substance listed in Section 38F-41.03of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). OTHER GOVERNMENTAL ENTITIES:If the Bidder or Offeror is awarded a contract.as a result of this RFP,lFB or RFQ he or she will,if has suf?cient capacity or quantities available, provide to other governmental agencies so requesting,the products or services awarded in accordance with the terms and conditions of the RFP,lFB or RFQand resulting contract.Prices shall be F.O.B.delivered to the requesting agency. VERBAL INSTRUCTIONS PROCEDURE:No negotiations,decisions,or actions shall be initiatedor executed by the Contractor as a result of any discussions with any Authorityemployee. Only these communicationswhich are in writing from an authorizedAuthority representative may be considered.Only written communicationsfrom Contractors,which are assigned by a person designated as authorized to bind the Contractor.will be recognized by the Authority as duly authorizedexpressions on behalf of Contractors. Agenda Item #8.B. 10 Mar 2025 Page 81 of 316 ag 6.7 6.8 6.9 6.10 6.1} 6.12 :2] INDEPENDENTCONTRACTOR:The Contractor is an independent contractor under this Agreement.Personai serviccs provided by the Bidder or Offeror shall “be employees of the Contractor and subject to supervision by the Contractor,and not as of?cers,employees,or agents of the Authority.Personal policies,tax responsibilities,social security,health insurance,employee bene?ts,purchasing policiesunless otherwise stated in this FE and other similar administrativ eproceduresapplicabletoservicesrenderedunderthiscontractshallbethoseoftheContractor. INDEMNITY/HOLD HARMLESS AGREEMENT:The Contractor agrees to protect,defend, indemnify,and hold harmlessthe Authority and its of?cers,employees and agents from and against any and all losses.penalties,damages,settlements,claims,costs,charges for other expenses, litigation,whether in court or before.an administrative body,or liabilitiesof every and any kind includingattorney fees,in connectionwidr or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process.Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury,death,damage to property,defects in materials or workmanship,actual or alleged violationsof any applicable Statute,ordinance,administrativeorder,rule or regulatioa,or decree of any court shall be included in the indemnity hereunder. TERMINATTON FOR CAUSE:if,through any cause,the Contractor shall fail to ful?ll in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisiOnsof this Agreement,the Authority may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the Authority by reason of such default and termination.In the event of such termination,any completed services performed by the Contractor under this Agreement shall at the option of the Authoritybecome the Authority’s property and the Contractor shall be entitled to receiveequitable compensation for any work completed to the satisfaction of the Authority,not to exceed an amount equal to percentage of the contract price representing the percentage of the work completed satisfactorily.The Contractor,however,shail not be relieved oi‘liability to the Authority for damages sustained by the Authority by reasonof any breach of the Agreement by the Contractor and the Authority may withhold any payments to the Contractor for the purposeof setot‘funtil such time as the amount of damages due to the Authorityfrom the Contractor can be determined. TERMINATION FOR CONVENIENCE:The Authority reserves the right,in its best interest as determined by the Authority,to cancel contract by giving written notice to the Contractor thirty (30)days prior to the effective date of such cancellation. CANCELLATION FOR UNAPPROPRIATED FUNDS:The obligation of the Authority for payment to a Contractor is limited to the availabilityof fundsappropriatedin a current ?scal period and continuation of the contract into subsequent ?scal period is subject to appropriationof funds, unlessotherwise authorizedby law. RECORDS/AUDIT:The Contractor shall maintain during the term of the contract all books of account,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the Authority’s Auditors.The Contractor agrees to make available to the Authority’s Auditors during normal business hours all books of account,reports,and records relating to this contract for the duration,or“the contract and retain them for a minimum period of one (l)year beyond the last day of the contract term. Agenda Item #8.B. 10 Mar 2025 Page 82 of 316 6.13 6.14 6.15 6.16 6.17 6.18 6.19 7.1 7.2 13: LAWS/ORDINANCES:The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinancesrules and regulations as well as all resolutions or directives of the Authority that would apply to this contract. NON DISCRIMINATION:There shall be no discriminationas to race,sex,color,creed,age or national origin in the operations conductedunder this contract. ELIGIBILITY:If applicable.the Contractor must ?rst register with the Department of State of the State of Florida in accordance with Florida Statutes,prior to entering into a contract with the Authority. COPYRIGHTS OR PATENT RIGHTS:The Bidder or Offeror certi?es by submission of BidfProposal that there has been no violation of copyrights or patent rights in manufacturing, producing,or selling the product or services shipped or orderedas a result of this Bid or Proposal. The successful Bidder or Offeror shall,at its own expense defend any and all actions or suits charging such infringement and will save the Authority,its of?cers,employees,and agents hamless from any and all liability,loss,or expense occasionedby any such violation. INVOICES:Invoices for items ordered,delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract.All invoices shall show the lFB/RFP number and or purchaseorder number. DEFAULT:In case of failure to deliver goods or services in accordancewith the contract terms and conditions,the Authority after due oral and written notice,may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrativecosts. DELIVERY:In the appropriate space,the Bidder or Ot‘l'erorshall state the time of proposed delivery or project completion in number of calendar days.Unless otherwise speci?ed,calendar days shall be presumed.Unless otherwise speci?ed,quote the earliestdelivery possibleas this may be considered a factor in making award.Delivery expressed in calendar days may be given preferenceover such general terms as "stock immediately"and “as soon as possible."As time will be of the essence for any orders placed as a result of this bid,the Authority reserves the right to cancel such orders or any part thereof,without obligation if delivery is not made at the time(s) speci?edon the bid form. PART VII -DELIVERY PROVISION SHIPPING INSTRUCTIONS-CONSIGNMENT:Unless otherwise specified in the solicitatio nofeachcase,crate,barrel,package,etc.,delivered under the contract must be plainly stenciled or seeurely tagged,stating the Contractor’s name,purchase order number,and delivery address as indicated in the order.Where shipping containers are to be used,each container must be marked with the purchase order number,name of Contractor,the name of the item,the item number.and the quantity contained therein.Deliveries must be made within the hours of8:00 a.m.—5:00 pm. Deliveries at any other time will not be accepted unless Speci?c arrangements have been previousl ymadewithdesignatedindividualatthedeliverypoint.No deliveries will be accepted on Saturdays, Sundays and holidays unless previous arrangements have been made.It shall be the responsibility of the Contractor to insure compliance with these instructionsfor items that are drop shipped. RESPONSIBILITY FOR SUPPLIES TENDERED:The Contractor shall be responsiblefor loss or damage to materials or supplies covered by the contract until they are delivered at the designate dpoint,a physical inspection is made by the Authority and the material or supplies are accepted by Pu Agenda Item #8.B. 10 Mar 2025 Page 83 of 316 P G 7.3 7.4 7.5 7.6 7.7 the Authority.The Contractor shall bear all risk of toss or damage to rejected materials or supplies and for all materials and supplies prior to acceptance by the Authority.Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after noti?cation of rejection,unless public health and safety require immediate destruction or other disposal ot‘rej ected delivery.if rejected materialsare not removed by the Contractor within ten (10)days after date of noti?cation,the Authority may return the rejected materials or Suppliesto the Contractor at his or her risk and expense or dispose of them as its own property. TESTING AND INSPECTION:The Authority reserves the right to conduct any test/inspection it may deem advisable to assure that of supplies and services conform to the specifications. Inspectionand acceptance of materials or supplieswill be made after delivery at destinationsherein speci?ed unless otherwise stated.If inspection is made after delivery at destination herein speci?ed,the Authority will bear the expense of inspection except for the value of samples used in case of rejection.Final inspectionshall conclusiveexcept in regard to latent defects,fraud or such gross mistakes as to amount to fraud.Final insoectionand acceptance or rejection of the materials or supplies will be made as promptly as practicable,but failure to inspect and accept or reject materials or supplies shall not impose liability on the Authority for such materialsor supplies as are not in accordance with the speci?cations. COMPLIANCE:Delivery must be made as ordered and in accordancewith the solicitation or as directed by the Procurement Services Of?ce when not in con?ict with the bid/contract.The decision the Authority as to reasonable compliance with delivery terms shall be ?nal.Burden of proofof delay in receipt of goods by the purchaser shall rest with the Contractor.Any request for extension of time of delivery from that speci?ed must be approvedby the Procurement Services Of?ce.such extension applying only to the particular item or shipment affected.Should the Contractor be delayed by the Authority,there shall be added to the time of completiona time equal to the period of such delay caused by the Authority.However,the Contractor shall not be entitled to claim damages of extra compensationfor such delay or suspension. POINT OF DESTINATION:All materials shipped to the Authority must be shipped F.O.B. DESTINATION unless otherwise stated in the contract.The materials must be delivered to the "Ship To"address indicated on the purchase order. REPLACEMENT:Materialsor components that have been rejected by the Procurement Services Of?ce.in aeoordance with the terms of the contract,shall be replaced by the Contractor at no cost to the Authority. PACKAGING SLIPS 0R DELIVERY TICKETS:All shipments shall be accompanied by packing slips or delivery tickets and shall contain the following information foreach item delivered : a.purchase order number/contract number b.name of article and stock number c.quantity ordered d.quantity shipped e.quantity back ordered f.the name of the Contractor Contractors are cautionedthat failure to comply with these conditionsshall be considered suf?cient reason for refusal to accept the goods. Agenda Item #8.B. 10 Mar 2025 Page 84 of 316 7.8 8.1 8.2 8.3 8.4 8.5 SAMPLES:Evidence in the form of samples may be requested if brand being quoted upon is other than as speci?ed.The Authority reserves the right to request that such samples be ?rmished at the time of bid opening.The Authority also reserves the right to request samples a?er the date of bid opening.Requested samples must be furnished free of expense to the Authority and if not used in testingor destroyed,will,upon request,be returned at the Bidder’s or Offeror's expense. PART VII]-BlDD‘ER/OFFEROR/CONTRACTORREMEDIES PROTEST OF AWARD OR DECISION TO AWARD/EXHAUSTlON OF ADMINISTRATIVE PROCEEDING:Any protest must be made within three (3)days following posting of the bid/proposal award.Protest procedures are available from the Authority Procurement Services Department.Notice of decision or intended decision concerning a Bid or Proposal solicitation or award will be given by posting the Bid or Proposal tabulation or recommendedaward at the location where the Bid or Proposals were opened.The Bidder or Offer-or must exhaust this administrativeproceeding before bringing suit.Failure to ?le a protest within the time prescribedherein and to exhaust the remedy providedby the Authority for such bid protest shall constitute a waiver of the right to bring suit. DISPUTES:In the case of any doubt or differences of opinion as to the items to be furnishe dhereunder,the decision of the Authority’s Procarement Agent shall be ?nal and binding on both parties. N0 CONSEQUENTIALDAMAGES:Consequential damages shall not be available to a Contractor for breach of contract by the Authority. N0 DAMAGES REMEDY T0 OFFEROR 0R BIDDER:An Offeror or Bidder who is unsuccessful shall not have a damages remedy as a result of the rejection of the Bid or Offer but shall be limitedto the administrativeremediesprovided by the Authority and,after exhausting such remedies,the further remedy of declaratory relief or,in a proper case,injunction.Venue shall in all cases be in Osceola County,Florida. PERSONAL PRONOUNS AND TERMINOLOGY.The personal pronouns,are used interchangeablyregardless of sex and regardlessof the legal status or identiwof the entity or person to which the terms apply. OF SECTlONl g615 Agenda Item #8.B. 10 Mar 2025 Page 85 of 316 2.0 2.1 2.2 2.3 2.4 2.5 2.6 [6! SECTION 2 INSTRUCTIONS TO BIDDER INSTRUCTIONS TO BIDDER PURPOSE The purpose of these speci?cationsis to select a Contractor to provide in?ow abatement services for Toho Water Authority. PARTIES DEFINED A.The term “Authority”used in the bid documents refers to Toho Water Authority. The term “Contractor"refers to the person or ?rm to whom an award is made to perform the work underthis contract. 8.The term “Contractor”refers to the person or ?rm to whom an award is made to perform the work under this centract. C.The term “Successful Bidder"refers to the lowest,quali?ed,responsive and responsible Contractor to whom the Authority makes an award. PRE~BID CONFERENCE AND PRE-CONSTRUCTION MEETING There will be no pre-bid conference for this solicitation. CLARIF‘ICATION OF REQUIREMENTS Questionsregarding clari?cation or interpretation of this solicitation shall be addressed in writin via email no later than FRIDAY MARCH 20 2020 at 5:00 .m.to the Procuremen tServicesDepartmentatrocurementohowater.com.Phone calls will not be acce ted.However, unless modi?ed by a written addendum issued by the Procurement Services department,the speci?cations and conditions contained herein stand as stated.Verbal communications are neither authoritativenor binding.Any verbal interpretation in con?ict with these speci?cations as written should immediately be directed in writing to the Procurement Services department.Any interpretationprovided to any vendor in response to inquiries regarding this solicitationwhich may affect the outcome of this bid will be furnished in writing via addendumto all vendors on DemandStar at www.demandstar.comand on VendorLink at wwwm endorlink.com. EXAMINATION 0F BID DOCUMENTS It is the responsibilityof each Bidder before submitting a bid: a To examine thereughly the Bid Documents 0 To study and care?tlly correlate the Bidder‘s knowledge and observations of the Bid Documents and such other related data 0 To promptly notify the Authority of all con?icts,errors,ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related document sorconditions. BID OPENING AND INSTRUCTIONS FOR SUBMITTING BID A.The deadline for submitting bids and the location for opening bids is shown on the cover sheet.Bids will be opened publicly and read aloud immediately following the deadline for submitting bids.No bid shall be considered if it arrives after the scheduled due date and time.No exce tions will be made. Pas: Agenda Item #8.B. 10 Mar 2025 Page 86 of 316 2.7 2.8 2.9 17' B.EachBiddershall submit one (l )original and one (1 )copy of the bid submittal.The submittal shall also include a CD or memory stick containing the entire bid formatted to be ready with Microsoft software or Adobe PDF software. C.All bids must be submitted in a sealed package(s)and date and time stamped by an Authority representative on or prior to the due date and time speci?ed on the front page.No other form of submissionwill be accepted (i.e.,E—mail,Facsimile,etc.).Bid packages must be identi?ed on the outside as follows: Solicitation No.and Title/Due Date Name of Bidder Street City,State,Zip Code Attn:Procurement Services Please use th form rovided AttachmentG on the outside mailin acka e. D.Bids will be available for inspection during normal business hours in the Procurement Services Department within 30 days of the closing date,by appointment (Florida Statute 119.07l(l)(b)). E.A copy of the completed bid tabulation will be available on DemandStar at and on VendorLink at www.m vendorlinkcomwithin thirty (30) days after bid opening. SIGNATURE The Bidder shall sign the bid in the proper section with a manual signature of an authorized representative,and shall enter his title and date of the bid.Failure to properly sign the bid shall invalidate the bid and it shall not be considered for award.No erasures are permitted.if a correction is necessary,draw a single line through the entered ?gure and enter the corrected ?gure above it. Corrections must be initialedby the person signing the bid prior to submittal of the bid. IRREVOCABLE OFFER Any bid may be withdrawn up until the date and time set above for opening of the bid.Any hid not so withdrawn shall,upon opening,constitute an in-evocableoffer for a period of ninety (90)days to sell the Authority the goods or services set forth in the attached speci?cation until one (I )or more of the bids have been duly accepted by the Authority. RESERVED RIGHTS The Authority reserves the right to accept or reject any andfor all bids,or any part thereof and/or to waive irregularities and technicalities.Also,the Authority reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirementsof the Authority.Any solc response received by the ?rst submission date may or may not be rejected by the Authority depending on available competition and timely needs of the Authority.For each item or for all items combined,the bid of the lowest responsive,responsible bidder will be accepted,unless all bids are rejected. To be responsive,a bidder shall submit a bid that conformsin all materialrespects to the requirements set forth in the bid. To be a responsible,a bidder shall have the capability in all respects to perform fully the contract requirements,and the tenacity,perseverance,experience,integrity,reliability,capacity.facilities, Page wwwdemandslamom Agenda Item #8.B. 10 Mar 2025 Page 87 of 316 Page equipment,and credit which will assure good faith performance.Also,the Authority reserves the right to make such investigation as it deems necessary to make this determination.Such information may include but shall not be limited to:current ?nancial statements;veri?cation of availability of equipment and personnel,and past performance records. 2.10 CODE OF ETHICS 2.11 2.12 2.13 2.13 2.14 With respect to this bid,if any bidder violates or is a party to a violationof the Code of Ethics of the Authority per the Authority’s procurement regulations and]or the State of Florida per Florida Statutes, Chapter 12,Part ill,Code of Ethics for Public Officers and Employees,such bidder may be disquali?ed from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for the Authority. SHAM 0R COLLUSIVE BIDS The bids of any bidder or bidders who engage in collusive bidding shall be rejected.Any bidder who submits more than one bid in such a manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. AWARD Award will be made to the lowest responsive and responsiblebidder within ninety (90)days a?er the bid opening.Unless canceled or rejected,a responsive bid from the lowest responsible bidder shall be accepted as submitted.The Authority reserves the right to make an award in whole or in part at its discretion. RE-AWARD If for some reason the awarded vendor cannot ful?ll the bid requirements.a letter of cancellationwill be sent and that vendor will be removed from the bid.The Authority will then either contact the next vendor in line to see if they are still interested in an award of the bid to replace the cancelled vendor. The Authority reserves the right to re-bid. NOTICE OF AWARD Notice of award will also be posted on DemandStar at BID FORM See Submittal Requirements for complete details.No bid will be considered unless it is submitted upon the Bid Form supplied for this project.The blank spaces in the Bid Form shall be ?lled in correctly and completely for each and every item for which a description is given.All names must be typed or printed on or below the signature. Where prices are requested,the Bidder must state the price(s)for which he proposes to do each part of the work contemplated,and the total amount for all parts includedin my or all of the combinations of the work.The Bid Form must be completed and signed by an agent who is fully authorizedto bind the individualsubmitting the offer to sell.to the terms,conditions.and specificationscontainedherein as well as any addenda to this solicitation. 2.15 CONTRACT TERM/RENEWAL The initial contract period shall be for three (3)years to commence upon the issuance of purchase order or execution of the agreement.The contract may be renewed subject to written notice of www.demandstar.comand on VendorLink at wwwm vendorlink.com Agenda Item #8.B. 10 Mar 2025 Page 88 of 316 Pa S c 2.16 2.17 2.18 2.19 agreement for one (1)additional two (2)year period beyond the primarycontract period.Unit prices bid shall be held ?rm for the initial term and the two (2)year renewal period. ADDENDA TO THE SOLICITATION A.The Authority reserves the right to amend this solicitation at any time prior to the deadline for submitting Bids or Proposals.lf it becomes necessary to revise any part of this solicitation,notice of the revision will be posted on DemandStar at 'if,in the opinion of the Procurement Services Agent,the deadline for the Submissionof proposals does not provide suf?cient time for considerationof any Addendum, then such deadline may be extended at the discretion of the Authority. B.It shall be the responsibilityof each Bidder to contact the Procurement Services contact identi?ed on the cover page to this solicitationprior to submission of a bid or proposal hereunder in order to determine whether any addenda have been issued in connection with this procurement. Notwithstandingany provision to the contrary,the failure of any Bidder to receive any addenda shall neither constitute grounds for withdrawal of its proposal nor relieve such Bidder frOmany responsibilityfor incorporating the provisions of any addenda in its proposal. RECIEP’I‘0F ADDENDA Receipt of any addenda issued shall be acknowledgedon the addenda and returned with Bid.Failure to acknowledge your receipt 01'any addenda may result in your bid being considered non- responsive. LATE BIDS Bids or unsolicited amendments to bids arriving alter the closing date and time shall not be considered.Bids received after the bid submissiondeadline shall be returned to the Bidder unopened providing that su?icient bid identi?cation information is shown on the outside of the bid envelope. BID PRICES In the event there is a discrepancy between the unit prices and the extended totals,the unit prices shall govern.In the event there is a discrepancy between the prices written in words and written in ?gures,the prices written in words shall govern.In case of error in the Bidder’s extended summation, the computed total of the Authority shall govern.The total amount of the summationof Bid extension shall he the basis of awarding the contract to the lowest responsible Bidder. Should the lowest responsible bid exceed the funds budgeted for the project,the Authority reserves the right to negotiate with the lowest responsive and responsible Bidder in the best interest of the Authority. 2.20 CONTRACTUAL AGREEMENT An agreement will be required for this service and must be signed by the Bidder prior to execution by the Authority,whereupon the bidder becomesthe Contractor upon approval. 2.21 DISCLOSURE OF BID CONTENT All material submitted becomes the property of the Authority and may be returned only at the Authority's Option.The Authority has the right to use any or all ideas presented in any reply to this Bid.Selection or rejection of any Bid does not affect this right. 19 www.demandstar.com and on VendorLink at Agenda Item #8.B. 10 Mar 2025 Page 89 of 316 The Authority is governed by the Public Record Law,Chapter H9,Florida Statutes.Only trade secrets as de?ned in Section 812.08](l)(c),Florida Statutes or ?nancial statements required by the Authority as de?ned in l 19.071(1)(c),Florida Statutes (hereinafter “Con?dential Materials”),may be exempt from disclosure.If a respondent submits Con?dential Materials,the information must be segregated,accompanied by an executed Non-Disclosure Agreement for Con?dential Materials and each pertinent page must be clearly labeled “con?dential”or “trade”secret.The Authority will not disclose such Con?dential Materials,subject to the conditions detailed within the Agreement,whic hisattachedtothissolicitation.When such segregated and labeled materials are received with an executed Agreement,the Authority shall execute the Agreement and send the respondent a “Receipt for Trade Secret Information.” 2.22 ASSIGNMENT The successfulBidderwill not be permittedto assign its contract with the Authority,or to Subcontractany of the work requirementsto be perfon’ned,without obtaining prior written approval from the Autho?ty. 2.23 REFERENCES Each Bidder must submit with its Bid,five (5)references (See Attachment C,Reference Form). References shall be of similar scope of operations as the Authority to whom the Bidder has supplied the same services withinthe past three (3)years.References must be able to attest without reservationto the fact that the Bidder provided the contractedgoods/services without a signi?cant problem of any kind,and at any time during the contract period.Failure to provide this information may be cause for rejection of‘the Bid. END OF SECTION 2 20 Agenda Item #8.B. 10 Mar 2025 Page 90 of 316 SECTION 3 3.0 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 3.]INTRODUCTION AND INTENT The purpose of these speci?cations is to select a Contractor to provide in?ow abatement services for Toho Water Authority. 3.2 RESPONSIBILITIES OF CONTRACTOR The following tasks shall be performedby the Contractor within wastewater pumping station coliection basins designated by the Authority. A.lNSPECT‘lNGMANHOLES Inspect manhoies for damage,leakage or other operating or structural problems.This inspection should include documentationof adverse conditions (including a photograph)and GPS locatiOn.All data should be correlatedto the manholeasset number provided by the Authority. It is not intended that manhole inspections meet the standards of NASSCO’s MACP,but they must provide adequate information to indicate the need for follow up owner investigation and potential action.At a minimum,manhoie inSpectionsshall includethe following data attributes: Owner proVidedunique identi?er Date of inspection GPS XY coordinates Closest street address Ring &Cover material Chimney material Manhole type (“brick"or “pro—cast") Manholelined?(“yes”or “no” Liner Type (“none",“cementitious”,“epmry”,“other“) Steps (“yes”or “no" Downstream Pipe Material (NASSCO material codes) Pipe Size Outgoing Pipe Size incoming Manhole Depth (fractional feet) Frame Diameter (inches) Cover Diameter (inches) Ring &Caver Condition ManholeWall Condition Step Condition lnvert Condition Roots Present Corrosion Present Genera]Condition Comments Flows to Manhole ID Inspection results shail be provided by wastewater lift station basin and organized in a spreadsheet or database table.Resuits shall be provided electronically. 21]Page Agenda Item #8.B. 10 Mar 2025 Page 91 of 316 22w .SEALING MANHOLES CHlMNEYS The work covered under this section includes,but is not limited to all labor,equipment,materials, supervision and any other efforts required to seal the manhole chimney as outlined herein.The intent of the chimney seal is to prevent in?ow from the area beneaththe rim of the manhole,but above the cone.The chimney includes the ring,cement extensions,li?rings.brick or cement used to raise the manhole ring. The chimney seal shall be installed using ElastaScal®internal manhole sealing system or equivalent as approved by the Engineer (approval will be based on parameters below and installed experience in the southeastern UnitedStates)that speci?es a primer material to stick to the concrete,and a ?exible seal.The seal is to be of an aramid ?ber reinforced ?exible,but resistant materialto account for surface loading changes that create most chimney damage.The sealing materials shall have the following parameters: Primer coat: -Speci?c gravity >1.0 ->90 %solids as measured by ASTM D2369 °Elongation 650 +/-50 as measured by ASTM D412 -Adhesive strength >700 psi on steel or concrete as measured by Eclometer 109 -Tensile strength=3200 +/—50 psi as measured by ASTM D412 Tear resistance =325 +/~10 psi as measured by ASTM D624 Non?ammable as measured by ASTM D-93 in a Pensky-Martcns closed cup Temperature Range -65 to 200 F Minimal water absorptioncapacity (<0.5%) I I b I Top Coat: Speci?c grayity >1.0 >99 %solids as measured by ASTM D2369 As applied.solids greater than 70% Ultimate Elongation equal to or greater than 850%+/-50 as measured by ASTM D412 Elongation as applied equal to or greater than 325%+/-10 as measured by ASTM D412 Adhesive strength >700 psi on steel or concrete as measured by Eclometer 109 Tensile strength =2300 +/-50 psi as measured by ASTM D412 Tear resistance =345 +/—10 psi as measuredby ASTM D624 Non?ammable as measured by ASTM D-93 in a Penalty-Martens closed cup Temperature Range .65 to 200 F Kevlar®?ber (Aramid Fiber Reinforcer) Minimalwater absorption capacity (<0.5%) -Shore A Hardness equal to 75 +1—5 as measuredby ASTM 2240 O O Q I O I I 0'0 Neither material shall contain VOCs.The ?nal sealing system shall remain ?exible with time to account for surfaCeloading variations. KevlarTMis a registered Trademark of E1.DuPont Corporation Seal coat shall be resistant to damage after 14 days of immersion in: -Salt 0 Gasoline -Hydrogen sul?de -Antifreeze -Low pH age Agenda Item #8.B. 10 Mar 2025 Page 92 of 316 Primer and tap coat shall have,as a minimum,a ?ve (5)year warranty.This warranty shall dictate that any repairswithin the warranty periodshall include the labor and materials necessary to repair or recoat the manholechimney. installation -All loose mortar,concrete brick or other materials shall be removed by the Contractor as they would interfere with sea]performance and adhesion. -High pressure sandblast chimney and ring to create a dry,clean surface.Surface shall be clean from dust and moisture. -Mastic Primer coat shall be applied to clean chimney material and applied in accordance with manufacturer instructions.Coating shall cure for a minimumof 30 minutes or as speci?ed by the manufacturerprior to application of lining Lining material shall be applied on top of primer in accordance with manufacturer instructions. The primer and lining shall have a ?nished,dry thickness greater than 120 mils. The manhole shall be opened once to install primer and liner to minimizedisruptions to traf?c. NOTE:Concrete must be at least 28 days old with a compressivestrength of 3500 psi prior to applicationof sealant. NOTE:If the manhole chimney is in such a state of disrepair that it cannot accommodate the proper installationsealer,the Contractor shall make a notation in the comment section of the manhole inspection report to provide the Authority the opportunity to repair or replace it. .INSTALLATION OF RAIN DISHES The work covered under this section includes,but is not limitedto all labor,equipment,materials, superVisionand any other efforts required to install rain dishes in manholes.Dishes shall be effective in keeping out rain,sand.dirt chemical spills and other materials from entering manhole. The rain dish shall be In?ow DefenderTMmanhole in?ow dish or equivalent,as approved by the Engineer,consisting of the following: -The in?ow dish body shall be manufactured from high density polyethylenematerial,comply with UL Standard.94-H B,and meet all associatedASTM speci?cations related to Prime HDPE 250.Dish thickness shall be a uniform .125 inches thick.In?ow dish body to be fabricated with moldedribbing members in bowl area for structuralintegrity.in?ow dish to have smooth radius moldededges for additional strength and prevention of cracking. 'The gasket seal shall be made of closed cell neoprene material and have a pressure sensitive adhesive on one side for adhering to in?ow dish body,seating rim.Gasket to be .5 inches wide and shall have a minimumthicknessof .125 inches. o The li?strap shall be made from a woven nylon material,securely adhered to the in?ow dish body interior.with a corrosionresistant fastener assembly consisting of no less than two washers withthe largest being no smaller than 1.25 inches. -For proper abatement results.the in?ow dish.when installed,must seat fully ?ush within the manhole frame rim seat area.Frame must be cleaned of all dirt and debris prior to installation. -Manufacturer shall have ?ve-year warranty on manhole inflow dishes standard.Manufacture date molded into in?ow Dish Body.Gasket Seal does not need to be includedin the warranty. -To ensure proper ?t with manholes,in?ow dishes will be manufacturedto speci?c measurements ?eld obtained by contractor. Alternative in?ow dish manufacturer must provide engineer with their in?ow dish speci?cations and samples for review and acceptance. Page Agenda Item #8.B. 10 Mar 2025 Page 93 of 316 an installation 'Remove manhole cover.Contractor shall wipe all manholering ?ange area to remove soil and moisture from the interior of ring. 'Measure manhole interior to ?nd smallest diameter. 0 install appropriate rain dish. A list of manholes receiving rain dishes shall be provided to the Authority. .SMOKE TESTING The Contractor shall furnish all items(labor,equipment,materials and supervision)necessary to complete smoke testing of all assigned basins. Smoke Testing will be used to determine: -The sources of entry into the collection system of surface waters (surface in?ow)on both public and private property.This includes catch basins,storm sewer or inigation. -The sources of entry into the collection system of illegal connectionson both public and private property such as downspout connectionsor industrialconnections,yard drains,or cooling water -The sources of entry into the collection system due to broken or missing cleanouts -Lost manholes -Breaks in the main seWers or lateralsthat leach to the surface -Contractor shall document each case of improper entry or damage to the collection system and provide a report which will include the physical address,GPS coordinates,a detailed map indicating the breachpoint and include photographicproof of same to Authority. Preparations -Smoke testing of all collections systems may affect occupants of buildings connected to the line being tested.Such factors as defected in the sewer system of buildings,dry traps,defective wax beneath toilets,terminated vents or breaks,missing or unsealed cleanouts of any kind will cause smoke to enter the building.It is imperativeto avoid a public relations problem caused by panic or alarm if workers or residents suddenly see smoke in their building. -Adequatepreparation plus noti?cation of all residents by door hanger a minimum of 72 hours in advance of smoke testing shall be the responsibilityof the Contractor.All customer noti?cation material must be presented to the Authority Foracceptance prior to use. -It shall be the responsibilityof the Contractor to provide adequate noti?cation to the ?re department,police department and emergency services of the anticipatedsmoke testing schedule and to notify the departments at the start ot‘each day in an area to avoid the departments diverting their attentionto false alarms caused by smoke testing. -It shall be the responsibilityof the Contractor to insure that all operators who participate in the smoketesting be ?tlly trained and briefed in the handling of residents and business owners who discover smoke in their buildings or in their yards. -It shall be the responsibilityof the contractor to assure that all operators involved in smoke testing be trained that any smoke in a building is an indication of sewer gases from the sewer entering the building and to advise the homeowner that immediate actionto correct the problem is needed for the health and safety of the building occupants. Operation At the start of each operation,the smoke blower will be located over the manhole.(Smoke testing shall not be conducted on windy or wet days).The blower will be started and liquid smoke will be employed.Smoke bombs are not to be used.As soon as the liquid smoke has been blown into the manhole,the operators and recorders shall be instructed to move out according to pre- arranged plans to canvas the area affected by the smoke testing.Observers will look for smoke rising Page Agenda Item #8.B. 10 Mar 2025 Page 94 of 316 Pa 1!e from the ground that may indicate: -The sources of entry into the collectionsystem of surface waters (surface inflow)on both public and private property.This includes catch basins,storm sewer or irrigatiOn. -The sources of entry into the collection system of illegal connections on both public and private propeny such as downspout connectionsor industrialconnections,yard drains,or cooling water 'The sources of entry into the collection system due to broken or missing cleanouts -Lost manholes 'Brakes in the main sewers or laterals that leach to the surface Observers will pay particular attention to smoke rising around the foundation of the house where the service pipe likely enters the building. Recording Contractor shall employ electronic means to documenteach case of improper entry or damage to the collectionsystem.These electronic means shall embed the collected information directly into the ?le of each defect to avoid recording errors. As a minimum,smoke testing observations will include: -Wastewater li?station basin identi?er e The street address.GPS coordinates of observation -A digital photographillustrating the observation(minimum of 5 megapixel) Speci?c notes to permit follow-up activity (source,reason,location) Type of break (“lateral",“manhole”,“main”) Ring &Cover Break(“broken”,“alignment”,“missing“,“seating”) Lateral Break (“open”or “broken”) MaterialType of Cleanout Size of Cleanout(diameter) Private or Public 0.0... The contractor shall locate the observationsalong with the recorded information on a detailed map and report to the Authority.Locationsand call cuts for each defect shall be included on the map.Paint a mark on the street,using green temporary marking chalk,to assist the Authority in ?nding defects for followaup activity Reports will be provided to the Authority no later than 5 business days from the completion of any given section or basin.Reports will be proVidedin hardcopy and electronic format. Smoke Test Result Reporting Contractor shall document each case of improper entry or damage to the collection system and proVidebest case estimate as to the ?ow and cost incurred by the Authority as a result of the defect“To accomplish this,the observers will: -Record the type of defect 'Record the severity of the defect -Record the topography in?uencing the defect -Record the volumes of smoke emanating from the defect Contractor shall apply the recorded information to generate a detailed report to the Authority which will: 0 Estimate the amount of gallons entering the various defects per one-inch rain fall Agenda Item #8.B. 10 Mar 2025 Page 95 of 316 ‘x l 251 -Estimatethe amount of gallons entering the smoked area per one-inch rain fall -Estimatethe cost to process the in?ow entering the various defects per one-inch rain fall 0 Estimate the cost to process the in?ow entering the smoked area per one-inch rain fall Provide a detailed estimate of the percentage of in?ow and cost to process the in?ow,broken down into four categories: -Lift station -Chimney Sections 0 Ring and Cover -Laterals .INSTALLATION OF CLEANOUT CAPS The work covered underthis section includes,but is not limited to all labor,equipment,materials. supervisionand any other efforts required to replace cleanout caps where necessary within the Authority’s control. Minor cleanout repairs,limited to replacementof missing or broken cap,couplingor riser (limited to 12”below grade)can be performed by the Contractor provide the homeowner agrees and signs a release.It is expected that the Contractor will attempt to notify the homeowner and acquire approval to perform the repairs (limited to those identi?ed above). Where applicable,these locationsshall be correlatedto smoke test observation locations. lNSTALLA'l‘lON 0F CLEANOUT PLUG (Optional Activity) The Authority may elect to install Cleanout Plugs,in lieu ofCleanout Caps.The Authority’s representative will make this decision based on the potential for repeated damage to cleanout caps resulting in continued in?ow into the collection system. The work covered under this section includes,but is not limited to all labor,equipment.materials. supervisionand any other efforts required to install LDL®or equivalent plugs in the broken or open cleanouts within the Authority’s control during smoke testing. The plug shall be a LDL®Clean-Out Plug or equivalent consisting of the following: -Plug body shall be molded,one piece.synthetic urethane polymer material designed to align and seal cleanout. -Inner seal of plug shall consist of a pvc material fabricated with an internal tapered,beveled seat with a thickness of.l 87 in and overall height of 1.25 in. 'Plug will not permit gases to escape past it. -Plug will not permit sewage to flow past it. -Plug will be removable by utility crews from the surface using embedded hardware molded into the plug body with a corrosion resistant material -Retrieval hasp and hardware shall be made ofcorrosion resistant material and shall protrude at least one inch above the plug body and have a thickness of0.187 in. 'Plug shall have embedded steel to permit surface detection by metal detector. installation -Remove cleanout cap (broken or otherwise). -Contractor shall wipe all cleanouts to remove soil and moisture from the interior of cleanout stack.All loose materials shall be removed by Contractor as they would interfere with plug. -Contractor will scuff the interior of stack with a ?le hone. agcI) Agenda Item #8.B. 10 Mar 2025 Page 96 of 316 -Swab interior scuffed area with PVC cleaner. -Swab exterior of inner seal ring of plug with PVC cleaner. -Apply PVC glue to interior walls of cleanoutand exterior of inner seal ring of plug. -With surface tools,slide inner seal ring into appmpriate point in cleanuut.Align with depth gauge installationtool.Twist to glue in place. -Let cure for 60 seconds. -install plug. NOTE:if the clean-out stack is in such a state of disrepair that it cannot accommodatethe proper installation of the cleanout plug,the Contractor shall make a notation in the comment section of the smoke testing report to provide the Authority the opportunityto repair or replace it. Where applicable,these locations shall be correlated to smoke test observation locations. .REPORT The Contractor shall furnish all items (labor,equipment,materials and supervision)necessary to complete a project report.The project report will provide the Authority with a record ofwork completed and observations made throughout the project.A spreadsheet containing the following will be provided as part of the report: Manholes -Frame —type,size and general condition of frame and cover -Chimney —type,generalcondition and existence of liner in chimney 0 Barrel and invert —type,general condition -Pipes -type,sizes,number of pipes in manholes -Depth and conditions of manhole,noting any invasion of roots or corrosionin manhole structure Cleanouts (included for all requiring cap replacement) -Depth and condition of the cleanout,noting any invasion ofroots in service line or damage The Authority shall provide a map of the collection system within the projectarea.The map will label each manholeand sewer cleanout with a unique identi?er.This identi?ershall be used to referenceto work performedand observations made. .LIFT STATION BASIN iNFILTRATlON INV§§TIGATION Conduct ?eld investigation to determine the volume of in?ltration entering the collection system through structural defects.identify gravity mains For follow-up CCTV based on Upstream and downstream manhole water levels and estimatedflow rates.investigations should be performed during periods of low use ~as de?ned by the Authority’s diurnal curves. Methodologyto be used for the investigation shall be documented and followed.Observed data used to reach conclusions or make recammendationsmust be providedin the report.Recommendati onprovidedinthereportshouldbeprioritizeinorderofsigni?cant. 3.3 QUALIFICATIONSOF BIDDER 271 A.Only responsible Bidders who have knowledge and experience of,and are currently engaged in ln-Flow Abatement Sewices will be considered for award.All work shall be performed by skilled and properly licensed Contractors with a minimum of live (5)years ofexperience in the respective trade or service.Bidder may submit copies of any other licenses or certi?cates which further demonstratehis/her capabilities. Page Agenda Item #8.B. 10 Mar 2025 Page 97 of 316 B.Bidders must provide evidence of authorization to do business in the State of Florida via registration0n Sunbiz or covenant to obtain such authorization prior to award of Coutract. C.To demonstrate quali?cations to perform the Work,Bidders must be prepared to submit information including,but not limited to,?nancial data,previous experiencehistory, references,and evidence of authority to conduct business in thejurisdiction where the Project is located.This information must be received by TWA within ten days of Bidder receiving the written request by the Authority.Submittais requested pursuant to this paragraph is in addition to those required herein. D.in order to demonstrate competence to perform the work,Bidder shall at minimum, provide the following: 1.List ofpublic utility clients in Florida (a minimum of ?ve)where similar projects have been completed,including name,address,phone number and position of utility contact.The list shall note the work completed(smoke testing,manhole sealing,manhole inspection/chimney sealing and installation of cleanout caps with the speci?ed products used). 2.An example of the report provided to a public utility client as a result of perfomring the work. Five years of experience applying the speci?ed chimney seal product and examples of completed work. 4.Referenced projects work must include smoke testing,sealing manhole chimneys, installationof manhole inflow dishes,installation of cleanout caps and creation ofan asset inventory/condition report of the manholes. END OF SECTION 3 23;: C D: Agenda Item #8.B. 10 Mar 2025 Page 98 of 316 i'a gv. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 m SPECIAL TERMS AND CONDITIONS PRECEDENCE [N TERMS In the event of a con?ict.the Special Terms and Conditions shall take precedence. ALTERNATE BIDS NOT ACCEPTED Iftwo different bids are included in a single envelope,both will be rejected at the bid opening. INCURRED EXPENSES This IFB does not commit the Authority to award a contract,nor shall the Authoritybe responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submitted called for in this iFB,or any cost or expense hearted by the bidder prior to the execution of a contract agreement. BANKRUPTCY/INSOLVENCY At the time of bid submittal,the Successfui bidder shall not be in the process of or engaged in any type of proceedingsin insolvencyor bankruptcy,either voluntary or involuntary,or in receivership proceedings.If the Successfulbidder is awarded a contract for six (6)months or longer,and ?les for bankruptcy,insolvency or receivership,the Authority may,at its option,temtinate and cancel said contract,in which event all rights hereunder shall immediately cease and terminate. INDEPENDENTCONTRACTOR STATUS AND COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 The Contractor is and shall remain an independentContractor and is neither agent.employee,partner, or joint venture,of the Authority.Contractor acknowledgesthat it is responsiblefor complying with the provisions of the Immigration Reformand Control Act of 1986 located at 8 U.S.C..1324et.Seq,and regulations relating thereto,as either may be amended from time to time.Failure to comply with the above provisionsshall be comidered a material breach and shall be grounds for immediate termination of the contract,at the discretionof the Authority. INVOICE/PAYMENT Invoices for payment shall be emailed to the Toho Water Authority at The Authority will endeavor to make a payment on a correct invoice within 30 days a?er receipt of an invoice acceptable to the Authority.The Contractor shall submit invoices upon acceptance by the Authority.Invoices shall include,but are not limited to the following: Contractor‘sname Contractor’s address and phone number The Authority’s Purchase Order Number and Contract Number Date ofdelivery Itemized description and contract pricing 0.... CERTIFICATE OF INSURANCE Before performing any contract work.the Successful Bidder shall procure and maintain,during the iife of the contract,unless otherwise speci?ed,insurance listed below.The policies of insurance shall be primary and written on forms acceptable to the Authority and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum ?nancial AM Best accountsgayable’ SECTION 4 Agenda Item #8.B. 10 Mar 2025 Page 99 of 316 30| Company rating of no less than “A Excellent:FSC Vii."No changes are to be made to these speci?cations without prior written Speci?c approval by the Authority Procurement Services Department. A.Worker’s Com ensation:The Successful bidder will provide Worker’s Compensation coverage for all employees at the site location and in case any work is subcontracted.will require the successfulO?‘eror to provide Worker's Compensationfor all his employees.The limits will be statutory for Worker’s Compensationand $1,000,000.00 for Employer’s Liability. B.Com rehensive General Liabilit :The Successful bidder will provide for all operations including ,but not limited to Contractual and Products Completed Operations.The limits will not be less than $l,000,000.00. C.Com rehensive Automobile Liabili :The SuccessfulOfferor will provide coverage for all owned and non—ownedvehicles for limits not less than $1,000,000.00. D.Umbrella Lia bili :The Successful bidder will provide an umbrella in excess to the coverage in paragraphs B and C of not less than $1,000,000.00. E.Hazardous Materials Insu note:For the purpose of this section,the term “hazardous materials” includesall materials and substancesthat are now designated or de?ned as hazardous by Florida or Federal law or by the rules and regulations of Florida or any Federal Agency.If the work being performedinvolves hazardous materials,the need to procure and maintain any or all of the following coverage will be speci?cally addressed upon review of exposure.However,if hazardous materials are identi?ed while carrying out this contract,no further work is to be performedin the area of the hazardous material until the Authority has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendu mtothecontract. The Authorityshall retain the right to review,at any time,coverage from,and amount of insurance. The procuringof required policies of insurance shall not be construed to limit the Contractor liability or to ful?ll the indemni?cation provisions and requirement 3 of this Contract.The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfactionof this Contract and shall be solely responsible for the payment of all deductiblesand retentions to which such policiesare subject,whether or not the Authority is an insurEdunder this policy. Contract award will be subject to compliance with the insurance requirements.Certi?cates of insurance evidencing coverage and compliance with the conditions to this Contract,and showing the Authority’s proposal number,if any,and description of work,and copies of all endorsementsare to be furnished to the Authority’s Procurement Services Department prior to commencement of work,and a minimumof ten (10)calendar days a?er the expiration of the insurance contract when applicable.All insurance certi?cates shall be received by the Authority’s Procurement Services Department before the Contractor shall commenceor continue to work. All policies required by this Contract,with the exception of Professional Liability and Workers’ Compensation,or unless speci?c approval is given by the Authority,are to be written on an occurrence basis,shall name the Authority as additional insured as their interest may appear under this Contract. END OF SECTION 4 Agenda Item #8.B. 10 Mar 2025 Page 100 of 316 61M SECTION 2 PROPOSAL USSI 752 COMMERCE DR.SUITE 15 VENICE,FL 34292 USSIUSA.COM Agenda Item #8.B. 10 Mar 2025 Page 101 of 316 itémiDuc?ption Qty.I Unit mmPrice Exténded Prick SECFIDN 6 REVISED RID FDRM DATE:2020 Have you supplied all]the Suhmittal Requirements outlined below? One (1]completed original and two (2}copies ot‘the Bid submittaLplus CD.or memory stick [3]Any addenda pertaining to this solicitation El Drug Free Certi?cation -'List of ?ve (5)References [31 List ol’Possible Subcontractors»:Nozt:atlllmiexlfor this hide)? Certi ?catet's)of Insurance.(evidencing coverage as:required) [E Copy of proper professionallicenses or credentials including your local business tax receipt Bidder Quali?cationsper Section 3.4 All costs related:to t-heperl‘ormanceof all the work outlincdtexcliidifng permits and fees,shall be.included in the.bid I'ricin-.. l.”Mobilization&Demobilizalion 1‘@1500.00 gisoooo 2 indemni?cation 1 "$100.00 $100.00 3 General Re uirements.BondssPermits 1 $100.00 $100.00 4 Maintenanceol‘Tra?ic-l‘Lum Sum $100.00 $100.00 5 Smoke Tesli’n’r and Re :1 Fr aration.1600000 Linear Foot.$.34 $54,403.00 6 Seal Manhole Chimne 's 801.Each $330.90._....”964.330. 01117InsertDishesintoManholes801Egch7$35.50 $28.43550 8 Re ace Cleanot?C s 7 8a.6-inchcleanout riser i‘s 80‘Each $10.00 $800.00 781).4-inchcleanoutriseries 721 Each $5.00 $3,605.00 9 Install.Cleanout Pi 5 9a.6-inch cleanomriser i"*3 6'?$129.00 $0643.00 9b.4-inch cleanout:riser i'es 608 Each $86.00 $52,288.00 LS Basin R‘e rt [60‘000 Linear Feel.$25»$40,000.00 ll Lift Station Area In?ltration 80.1000 Linear Feet $.13 $10,400 Investi iation rII'O'I‘ALBASE BID 346470150 Total BaseBid in Words: Four Hundred Sixty Four Thousand Seven.Emmet!One DollarsAnd Fifty Cents Each Lump Sum 7 LumpSum , Lum Sum ‘____._. Myokj Agenda Item #8.B. 10 Mar 2025 Page 102 of 316 A.To accept the stipulation ofail Terms and Conditions and Speci?cations including delivery and other provisions. B.To enter into and execute a Contract if awardedon the basis of this Bid. C.To accomplishthe work in accordance with the Bid documents and Speci?cations. Failure of the Bidder to provide pricing for all unit priced items and/or the Base Bid and ALL requested Additive/(led native bid items,or alternate bids,may be cause for rejection of the bid as non-responsive. .Wedo not take exception to the Scope of Work [:lWetake exception to the Scope of Work as follows: :5,O GLOQ <3 PrintName:Eric McRoberts Title:Business Develo ment Telephone:941-725-2123 Fax:951.9 25-3912 Email:er|C@USSI U38 .60!“ Federal Tax ID:65-0891727 The Authority reserves the right to reject any or all bids.to waive inforrnalities,and to accept all or any part of any bid as they may deem to be in the best interest of the Authority. The UndersignedAgrees: A.To accept the stipulation of all Terms and Conditions and Speci?cations including delivery and other provisions .B.To enter into and execute a Contract il'awarded on the basis ofthis Bid. C.To accomplish the work in accordance with the Bid documents and Speci?cations. USSI LLCCompanyName Address:752 Commerce Drive Suite 15 State:FL END OF SECTION 6 age33 Signature:Date: Zip:City:Venice 34292 Agenda Item #8.B. 10 Mar 2025 Page 103 of 316 SECTION AW XRD USSI 752 COMMERCE DR.SUITE 15 VENICE,FL 34292 USSIUSA.COM Agenda Item #8.B. 10 Mar 2025 Page 104 of 316 STATE OF Ramon COUNTY OF 3mg?mg The foregoing instrument was executed before me by means of I ]physical presence or []online notarization this “'l day of QNK ,2020,by we \lkaAKa as Ci (3 of USSl,Li C.,a Floridalimited liability company,on hehalf of the company who is personally known to meOR has produced?mgnmyeggs LLciNSi asidenti?cation. Signature:94‘,W ASHLEYnmcom Print Name:u.MAkab‘wi Hot Publl -$ht afF '(WWW;,,59mg”-NOTARY PUBLIC,State of gum MyComm.ExplresFL-bzo.1024 My CommissionExpires:F 10 3034 IN WITNESS WHEREOF,the Partieef’igereto,by their duly authorizedrepresentatives, have executed this Agreement effective ting day of ,2020: t KI‘ti . TOHOPEKALlGA.WATER USSI,LLC AUTHORITY” B :f By: Print Name:DionVlasak Pri . Title:CEO Title Execu’t w D1 Attest:@f7?/ Print Name:Eric McRoberts Address:752 Commerce Drive Suite 15 Venice FL 34292 Attest: Print Name:A?thon J.Getter Title:GeneralCounsel Address:951 Martin Luther Kin Blvd. Kissimmee Florida 34741 12 (Stamp) Agenda Item #8.B. 10 Mar 2025 Page 105 of 316 II.I 1".I...l.-I-I.n..-|.I .I-IJ-'I.I II....I.II .-I_I r15 _|.I.II.I.I|.I_II.-.J...I.._“I..-.-Iurn-u H-I .m I l—‘II-ul.I‘m I-I—Fllll _ I-Iul—-I.I.__I__u___.H.—II I._.I.I_.1.. -I-rI-'fl'u?'l—l lr-IIII-l—l —'--+"l"'l'lu'. u—J-I -ln'll r.I---I--I.-.-.-_I II..I.-J-I-'-l Iu-.-_I'd——II.II-FI—lflu._I I--.-_|I_u-I r I'Irr-I'I I-I.-.-'-'I-'-rIl-'-'---'.-l Ilr'u-Hsr .IIJI-u J.-J..I-=_I.--I-.l- III-I.I_.._l.--I-._I—I-I...._g._..-...._I- .‘l'lF'Ill ----r.--.-I.I-r '--I-rI-I.I r hI.-.rI-I-I-I -I--.'l' -_-.IrI_I.I..Ii.I.-I-I-I u-I -—I.I.I..I..-I..I -i--.rIII-I--I r.r --I.IlI-.-.I I-I-II.-Hi I- r.-I.I.II.I.-I-.I1I...I._I.__.J l—IHHIJII --I-.I..--'l'l H'I'l-Ih I-'m 'II'HJI I.|._l-_I._h—I-.__n‘..1.I —|I-'ulul-'——l .I.-H 'I HII-Fldlu-I .IIr .I.u'I.I-I-r I I.-I-.II -I..._a._I._-_..._I.I_l._I lI—I. --rHH'I-H...l-IJ-.I.u'l'l-l -I.IIl-.-.-.-.I.I .._..ui_HI...I_...I.I_I.I_ I.1._r-__I_I-I_I__-I---"-I'i'—I-I-l?u- ——l—'J-I—-I-I-I-'l-J'I.-——'I-I-I ..I.-.I.I.- -I-II|.II.'-"-l_'l'l-I -_--_I_I."—P?hF—--.-_-'l-II- _I.I...I_I.-I._-I.- FIRST AMENDMENT to AGREEMENT for IN-FLOW ABATEMENT SERVICES (IFB-20-076) THIS FIRST AMENDMENT TO AGREEMENT FOR IN—FLOW ABATEMENT SERVICES (IFB-20-076)is made by and between Tohopekaliga Water Authority,an independent special district establishedand created pursuant to Chapter 189,Florida Statutes,by special act of the Florida Legislature,whose mailing address is 951 Martin Luther King Boulevard, Kissimmee,Florida 34741 (the “AUTHORITY or TOHO”)and USS],LLC,a Florida limited liabilitycompany,whose mailing address is 752 Commerce Drive,Suite 15,Venice,Florida 34292 (the “CONTRACTOR”).The AUTHORITY and the CONTRACTOR may individually be referred to as a “Party”and collectively as the “Parties.” WITNESSETH: WHEREAS,on May 27,2020,the Board of Supervisors (the “Board”)approved an agreement with the CONTRACTOR for the provision of in-flow abatement services (the “Services”)under Agreement IFB-20-076 (the “Original Agreement”);and WHEREAS,the AUTHORITY desires to continue receiving the Services provided by the CONTRACTOR under the Original Agreement;and WHEREAS,pursuant to Section 25,entitled “Modi?cations,”the Original Agreement may be modified by way of a written instrument,mutually accepted by the Parties;and WHEREAS,the Parties have agreed to enter into this First Amendment to amend the Original Agreement,as more speci?cally set forth herein. NOW,THEREFORE,in consideration of the mutual covenants,terms,and provisions contained herein,the Parties agree as follows: 1.The unit price list set forth in the Exhibit “B”to the Original Agreement shall be repealed and replaced with the revised Exhibit “B,”a copy of which is attached and incorporated herein by reference. 2.Section 30,entitled “Employment Eligibility Veri?cation (E-Verify),”shall b erepealedandreplacedtoreadasfollows: Agenda Item #8.B. 10 Mar 2025 Page 106 of 316 (ESECTION30.EMPLOYMENT ELIGIBLITY VERIFICATION -VERIF Y a) b) As a condition precedentto entering into this Agreement,and in compliance with Section 448.095,Florida Statutes,the CONTRACTOR and its subcontractors shall register with and use the E-Verify system to verify work authorizationstatus of all employees hired a?er January 1,2021. The CONTRACTOR shall require each of its subcontractorsto provide the CONTRACTOR with an af?davit stating that the subcontractor does not employ,contract with,or subcontract with any unauthorized alien.The CONTRACTOR shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the record retention requirementsof this Agreement. c)The CONTRACTOR or any subcontractor who has a good faith belief that d) g) a person or entity with which it is contracting knowingly violated Section 448.090),Florida Statutes,or the provisions of this section,shall terminate the contract with the person or entity. The AUTHORITY upon good faith belief that a subcontractor knowingly violated the provisions of this section,but the CONTRACTOR otherwise complied,shall promptly notify the CONTRACTOR and the CONTRACTOR shall immediately terminate the contract with the subcontractor. A contract terminated under the provisionsof this section is not a breach of contract and may not be considered as such.Any contract terminated under the provisions of this section may be challenged pursuant to Section 448.095(2),Florida Statutes.The CONTRACTOR acknowledges that upon termination of this Agreement by the AUTHORITY for a violation of this section by the CONTRACTOR,the CONTRACTOR may not be awarded a public contract for at least one (1)year.The CONTRACTOR further acknowledges that the CONTRACTOR is liable for any additional costs incurred by the AUTHORITY as a result of any contract for a violation of this section. Subcontracts.The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this section,including this subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts.The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Information on registration for and use of the E—VerifyProgram can be obtained via the intemet at the Department of Homeland Security website: The changes set forth herein shall become effective upon this First Amendment being executed by both Parties. Page 2 of 5 htt :l/www1dhs/ov/E— Agenda Item #8.B. 10 Mar 2025 Page 107 of 316 II‘-—'H_I'-'—'Hl F—J‘Ifl?HIT-If ‘I:--I-II-u-Ilr-nn-I-rqr-l—In-I-r-rr III "Hr—I...._...-_..._I.._._r|__|.._r .1.—._-..—|_I._a --'—I--—H's-l- Inf-Hu'lu'll "HI-I."I-II--. --'—lrl'|'l:I—.gin—ul- I'd-I All of the terms and conditions of the Original Agreement,not otherwise revised or amended in this First Amendment,and any subsequent amendment(s)shall remain in full force and effect.To the extent of any con?ict between this First Amendment and the Original Agreement,the terms of this First Amendmentshall prevail. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES ON FOLLOWING PAGE] Page 3 of 5 Agenda Item #8.B. 10 Mar 2025 Page 108 of 316 9-: LL— \\ ;,..,-,"in .1:;:;::l'y'h:nun?” IN WITNESS WHEREOF,the Parties hereto,by their duly authorized representatives, have executed this First Amendment effective the ,,day of _.,2022.. USSI,LLC,a Florida limimd liability TOHOPEKALIG WATER company A Bf.(By: Print Name: 7 :Print Name:Hector L uain a Title:6 Title:of Supervisors,Chain?n ‘ Attest: Arrest:‘PrintName:W'(i Print Name:Title:Board of Superwsors,Secretary Title:SL25 “I”;magggngddress:251Mm'Lumer?gBlvd. Address:35:3 damage“M Q {it-r 'simmeeFL 34741 ltZI‘CI FL '?gaga STATE or €l«‘.o’a COUNTY OF m The foregoing instrument wasmexecutedbeforemeby means of prhysicalpresence or [1online notariza?on,this Q}day ofm 2022 by W as 5343 y magE:of U881,m,a.Floridalimited ility company,on behalf of the company,who'is []personally knownto me 0R [241135producedW identi?cation Notary Public,State of H 53)A (Stamp) warmnunsr”*ééa“Hoary mu:State«Arm \mum 9 HH17484]W My .Expim Sep 12,2025BondedrnroughNotionalMauryAnn. Page 4 of5 Agenda Item #8.B. 10 Mar 2025 Page 109 of 316 'll'lll'".- ._..-| EXHIBIT “B” Revised Unit Price List Page 5 of 5 Agenda Item #8.B. 10 Mar 2025 Page 110 of 316 PP9 PP JD: It E "u' EXHIBIT B SECTION 6 REVISED BID FORM DATE:April 19,2022 Have you supplied all the Submittal Requirements outlined below? 1 605.00 $107.00 $107.00 $107.00 $.36 $353.10 S 37.98 $10.70 $5.35 $138.03 $92.02 $.27 $1,605.00 $107.00 $107.00 $107.00 $57,600.00 $282,833.00 $30,421.98 $856.00 $3,857.35 $9 248.01 $55,948.16 $43,200.00 El One (1)completed original and two (2)copies of the Bid submittal,plus CD or memory stick El Any addenda pertainingto this solicitation [Z]Drug Free Certi?cation [2]List of ?ve (5)References [3 List of Possible Subcontractors ot allowed for this bid.) {Z}Certi?cate(s)of Insurance (evidencing coverage as required) [Z]Copy of proper professional licenses or credentials including your local business tax receipt [3 Bidder Quali?cationsper Section 3.4 All costs related to the performance of all the work outlined,excluding permits and fees,shall be included gthepid riot-l l Mobilization&Demobilization 1 Lum Sum 2 Indemni?cation 1 Lum Sum 3 General Re uirements,Bonds,Permits 1 Lum Sum 4 Maintenance of Traf?c 1 Lum Sum 5 Smoke Testin and Re ort Pre aration 160,000 Linear Foot 6 Seal Manhole Chimne s 801 Each 7 Insert Dishes into Manholes 801 Each 8 Re lace Cleanout Ca 5 8a.6-inch cleanout riser i s 80 Each 8b.4-inch cleanout riser i es 721 Each 9 Install Cleanout Pi es 9a.6-inchcleanout riser i es 67 Each 9b.4-inch cleanout riser i s 608 Each 10 LS Basin Re ort 160,000 Linear Feet. 1l Li?Station Area In?ltration 80,000 Linear Feet Investi tion TOTAL BASE BID Total Base Bid in Words: $.14 $11,200.00 $497,090.50 Agenda Item #8.B. 10 Mar 2025 Page 111 of 316 The Undersigned Agrees: A.To accept the stipulation of all Terms and Conditions and Speci?cations including delivery and other provisions. B.To enter into and execute a Contract if awarded on the basis of this Bid. C.To accomplish the work in accordance with the Bid documents and Speci?cations. Failure of the Bidder to provide pricing for all unit priced items and/or the Base Bid and ALL requested Additive/Deductive bid items,or alternate bids,may be cause for rejection of the bid as We do not take exception to the Scope of Work [I We take exception to the Scope of Work as follows: The Authority reserves the right to reject any or all bids,to waive informalities,and to accept all or any part of any bid as they may deem to be in the best interest of the Authority. The Undersigned Agrees: A.To accept the stipulation of all Terms and Conditions and Speci?cations including delivery and other provisions. B.To enter into and execute a Contract if awarded on the basis of this Bid. C.To accomplish the work in accordance with the Bid documents and Speci?cations. Company Name: Address: City State:Zip: Print Name Telephone: Federal Tax ID: Signature:Date: Fax:Email: Title: non-responsive. Agenda Item #8.B. 10 Mar 2025 Page 112 of 316 @ J SECTION 4 CONTRACT USSI 752 COMMERCE DR.SUITE 15 VENICE,FL 34292 USSIUSA.COM Agenda Item #8.B. 10 Mar 2025 Page 113 of 316 m??-mn I'm-lb '-I'll-?i—I'H'I L:-.h I”u]m 1‘? M'Fm'?-.-| hm“.Hm I-L b III-? mu .- I-I-h-I'd-n I'l'.'I'-'--I I-I'Ili' 'HF I'll-rur-I'IHI "l'l I"I'-'- l-II-I _-.r--u..a.-I.r..|_|.|.l um.Ih?m?J-r—TI'I'IIII'II'I—u'h-?l -I.|----f.-i' -.?+?m?a??.?”? '-'l ll-hm -_.H.I'II a I.'H hf'i'FI—IPI'L-I III-l- I-i-I-I-Ii m‘d-Ilul'lhllhr-Ir'I-I-r-I-I H'lllI-I—II—l?-I ‘??HIL'I-?I-IIII'II.n-Inll-ihr-Ir?-Ill‘?-??H-E-hh l-l-I -'--1-'IF-l-l'l-l-m1.m.rilnwmlr‘:?l'hr m "—hl-r-‘I-I'I—I-I-u' mu?h?h-ln—wh rl—I-H-‘H-IHI—Iwn- huf- AMENDED AND RESTATED AGREEMENT Between TOHOPEKALIGA WATER AUTHORITY And USSI,LLC For IN-FLOW ABATEMENT SERVICES ([FB-20-076) THIS AMENDED AND RESTATED AGREEMENT FOR IN-FLOW ABATEMENT SERVICES (the “Agreement”)is made and entered into between Tohopekagli aWaterAuthority,an independent special district established and created pursuant to Chapter 189, Florida Statutes,by special act of the Florida Legislature,whose mailing address is 951 Martin Luther King Blvd.,Kissimmee,Florida 34741 (“Toho”)and USS],LLC,a Florida limited liabilit ycompany,whose mailing address is 752 Commerce Drive,Suite 15,Venice,Florida 34292 (the “Contractor”).Toho and the Contractor may be individually referred to as a “Party”and collectively as the “Parties.” RECITALS WHEREAS,on May 27,2020,T0110 and the Contractor entered into that certain agreement for the provision of in-flow abatement services,in accordance with the lFB-20-076 solicitation (the “Original Agreement”);and WHEREAS,the Original Agreement provided for an overall award of $500,000 for the term of the Original Agreement,which expires on May 12,2023,with the option for the Patties to extend the term for one additional 2-year period;and WHEREAS,on May I l,2022,Toho’s Board of Supervisors (the “Board”)approved the First Amendment to the Original Agreement,which provided,in part,revising the unit price list set forth in the Original Agreement;and WHEREAS,on December 14,2022,the Board approved Addendum #1 to the Original Agreement to increase the contract award by an additional $545,369.20 (Five Hundred Forty-Five Thousand,Three Hundred Sixty-Nine Dollars and 20/100)for a total not to exceed award amount of$l,045,369.20 (One Million,Forty—FiveThousand,Three Hundred Sixty-Nine Dollars 20/100) for the term of the Agreement;and WHEREAS,the Parties have agreed to extend the term of the Original Agreement for the one additional 2-year period,through May 12,2025;and Page 1 01'18 Agenda Item #8.B. 10 Mar 2025 Page 114 of 316 “.m-m.I—l-I-I-ILlIlI-ll-IullI-IIIII.m..- --'-'-Il-'--II-I'l "Hue—r-"- milks-M unplug—1.!- nil —-I"'I-II"—HFu-'—-.'Il-.-I-_-JL-Il-I 11:.imq-?u—FI—I‘h .?u hlmJanI-Iumuh II ma?a-I'm _-JIh-J.-Il liar-.-.m “aw-alum”— I “In IhJ—Ip-FI u. El?n-'1'”mi "HI-H -II'I"“I'll HUI-Ii“ ._HthHl-MhumI—JIIII- l-I-III'FH-J-NF'J'I- I Jh‘hd.__n.{EL-2::PHF'F-I-I-l-r-l-‘rll ??MrI-hm-r”IL-W .quM41:-mull-.-—I.|.-.In-.Iq.|.l-|.|.|.ll.-.ln.lrlnq-..I_H. Lila-lb“ r .l'hl'l-I—h-Ju'.H"-'-I---I ?m'imlh-nlrd-I.-.III.nu.Jun .''III '-I-H blah-rd“rim-.-IF-III'IIII.nluq “I!”|—I.'l-"—-_'..I_..?ll-E 'llIIEIIIl-IF-III'II'I'I-I.i III-urn" WHEREAS,the Parties acknowledge the potential confusion caused by the execution of the First Amendment and Addendum#1 to the Original Agreement;and WHEREAS,the Parties have agreed to enter into this Agreement to amend and restate the terms and conditions provided in the Original Agreement,the First Amendment,and Addendum #1,as set forth herein. NOW,THEREFORE,in consideration of the mutual covenants,terms,and consideration, as mutually deemed acceptable by the Parties,the Parties agree as follows: 1.RECITALS.The above recitals are true and correct and incorporatedas a material to form a material part of this Agreement. 2.TERM.The effective date of this Agreement shall be retroactive to May 13,2020,in accordance with the Original Agreement,and shall continue through May 13,2025,unless otherwise terminated by either Party. 3.SCOPE OF SERVICES.The Contractor shall provide those services and access,as set forth in Exhibit “A”(collectively the “Services”),based upon the unit prices,as set forth in Exhibit “B.”Copies of both Exhibit “A”and Exhibit “B”are attached and incorporated by this reference. 4.OBLIGATIONS OF CONTRACTOR.Obligations of the Contractor shall include, but not be limited to,the following: A.The Contractor shall provide and pay for all labor,tools,materials,permits, equipment,transportation,supervision,and any and all other items or services,of any type whatsoever,which are necessary to fully complete and deliver the Services required by Toho.The Contractor shall not have the authority to create,or cause to be ?led,any liens for labor and/or material on,or against,Toho,or any property owned by Toho.Any such lien,attachment,or encumbrance,until removed,shall preclude any and all claims or demand by the Contractor for any payment expected by virtue of this Agreement. B.The Contractor will ensure that all of its employees,agents,subcontractors, representatives,volunteers,and the like,fully comply with all of the terms and conditions set forth herein,when providing Services for Toho under this Agreement. C.The Contractor shall be solely reSponsible for the means,methods,techniques, sequences,safety programs,and procedures necessary to complete the work, properly and fully,as set forth in the Scope of Services. Page 2 of 18 Agenda Item #8.B. 10 Mar 2025 Page 115 of 316 h?h?anm—dm-?II-rIHLl-I --I —'-.'l-I-'I-'l-II'II-b -I--II|I'-a-I-I'I."It.I...I-I-I-I-‘u'"II‘I-l-I-II-l'lr I 'IIHff-II-II-IIIIIWHJ—I-Iu-ul?-Il Ill-HI-l'” 'I i-HII-II'I-rI-rI-I'I'HI-I-I-I-_-II-I'r'I—H-..run—w III-Illufl11:35:...-It‘l?h?I'I=I drain-I -m3.”IrrIIII l-LDLlIl-II!f:5:“:“:In-L'E'I T'.L"1.T .F':u:null-II """r"l'l'll-I"l'l“'l'-I-IIIl‘I-h-I-l ”If" 'L“:"'1r..::.:;.2:.= --=‘-I-—h— I-I'll-I'M“. hill—TIEJM '-I—III'..wwwllnll?lfl'1h H JIH‘J-JI-I-F-?l?-II‘mgr—.5"u-l-mrr-ru --I.-hq- III-I-I-I-I '—II-I-I-I--i fI-rI-II-l-I-I-I-I-I-h-I I-dlI-FI-I.lI-F JI_I.-_I.I!“'-??l??hn-i-'I=':.I-I.I.':-Im-I4:1“..511 .I .l .ulaud-.m-II-‘i-IIIII-Iq mu :-.-I...._|i_-..I_I..II_.I._'_II.I.I:H|.--..-.|.I-..... -II-.-I-l I-I'l-n' D The Contractor shall maintain an adequate and competent staff and shall remain authorized to do business in the State of Florida for the term of this Agreement, including renewals.The Contractor may subcontract the Services requested by Toho,with prior written approval from Toho;however,the Contractor shall remain fully responsible for the satisfactory completion of all subcontracted work. 5.STANDARD OF CARE. A.The Contractor has represented to Toho that it possesses a level of knowledge, A. experience,and expertise that is commensurate with ?rms in the areas of practice required for the Services provided under this Agreement.By executing this Agreement,the Contractor agrees that the Contractor will exercise that degree of care,knowledge,skill,and ability as any other similarly situated contractor possessing the degree of skill,knowledge,experience,and expertise within the local area,working on similar activities.The Contractor shall perform the requested Services in an ef?cient manner,consistent with Toho’s stated Scope of Services and industry standards. The Contractor covenants and agrees that it and its employees,agents, subcontractors,representatives,volunteers,and the like,shall be bound by the same standards of conduct as stated above. COMPENSATION. The amount paid under this Agreement for acceptable performance of Services,as more speci?cally described in Exhibit “A,”shall be based upon the unit rates set forth in Exhibit “B”and shall not exceed $1,045,369.20 (One Million Forty-Five Thousand,Three Hundred Sixty-Nine Dollars and 20/l00)for the term of the Agreement. Compensation for Services completed by the Contractor under this Agreement shall be paid in accordance with Section 218.70,Florida Statutes,Florida’s Prompt Payment Act. Services performed in accordance with this Agreement are subject to the annual appropriation of funds by Toho.Toho reserves the right,in its sole discretion,to forego use of the Contractor for any project that may fall within the Scope of Services,as set forth in Exhibit “A.”in the event Toho is not satis?ed with the Services performed by the Contractor,Toho will hold any amounts due until the Contractor has appropriately addressed the problem to Toho’s satisfaction,in its sole discretion. Page 3 of 18 Agenda Item #8.B. 10 Mar 2025 Page 116 of 316 7.TERMINATION FOR CONVENIENCE.Toho may terminate this Agreement, without cause,upon 30 days written notice to the Contractor prior to the effective date of such termination.The Contractor shall cease work in accordance with the directions set forth in the notice or,if the notice is silent,on the effective date of termination. 8.TERMINATION FOR CAUSE.Toho may terminate this Agreement,without further obligation,upon written notice to the Contractor,if the Contractor breaches any material term of the Agreement and such breach remains uncured for 30 days after receipt of said notice. 9.PAYMENT WHEN SERVICES ARE TERMINATED. A.In the event of termination of this Agreement by Toho,and not due to the fault of the Contractor,Toho shall compensate the Contractor for all authorized Services performed prior to the effective date of termination. B.In the event of termination of this Agreement due to the fault of the Contractor,or at the written request of the Contractor,Toho shall compensation the Contractor for all authorized Services completed prior to the effective date of termination,which have resulted in a usable product or otherwise tangible bene?t to Toho.All such payments shall be subject to an offset for any damages incurred by Toho resulting from any delay occasioned by early termination.The Contractor shall in no way construe this provision as Toho’s sole available remedy in the event of breach by the Contractor. 10.INSURANCE. A.The Contractor shall procure and maintain the following types of insurance,with the respective limits indicated below,and shall provide evidence of the same to Toho,in the form of Certi?cates of Insurance,prior to the start of any work hereunder: l)Worker’s Com ensation:The Contractor shall provide Workers’ Compensation coverage for all employees at the site location and,in the case any work is subcontracted,shall require the subcontractor to provide Workers’ Compensation coverage for all its employees.The limits shall be in accordance with the limits set forth in Florida Statutes and $1,000,000 (One Million Dollars)for Employer’s Liability. 2)Commercial General Liabili ':The Contractor shall provide for all operations including,but not limited to,Contractual and Products Completed Operations.The limits shall not be less than $1,000,000 (One Million Dollars). Page 4 of 18 Agenda Item #8.B. 10 Mar 2025 Page 117 of 316 3)Com rehensive Automobile Liabili ':The Contractor shall provide coverage for all owned and non-owned vehicles with limits not less than $1,000,000 (One Million Dollars). 4)Umbrella Liabili :The Contractor shall provide an umbrella policy in excess to the coverage provided for in the above paragraphs of not less than $1,000,000 (One Million Dollars). B.The Contractor shall name “Tohopekaliga Water Authority”as a certi?cate holder and as an additional insured,to the extent of the Services provided hereunder,on all required insurance policies,except for Workers’Compensation policies,and provide Toho with proof of the same. C.The Contractor,and any authorized subcontractor(s),shall provide Toho’s Procurement Services with a Certi?cate of Insurance evidencing such coverage for the duration of the Agreement,including renewals.The Certi?cate of Insurance shall be dated and include: 1)The name of the insured Contractor; 2)The speci?ed job by name and job number; 3)The name of the insurer; 4)The number of the policy; 5)The effective date; 6)The termination date; 7)A statement that the insurer will mail notice to Toho at least 30 days prior to any material changes in the provisions or cancellation of the policy;and 8)A waiver of subrogation in favor of Toho. 9)Coverage shall be primary and non-contributory. D.Receipt of certi?cates or other documentation of insurance or policies,or copies of policies,by Toho or by any of its representatives,which indicates less coverage than is required,does not constitute a waiver of the Contractor’s obligation to ful?ll the insurance requirements speci?ed herein. The Contractor shall ensure that any subcontractor(s),which hired to perform an of the duties contained in the Scope of Services of this Agreement,procure and maintain the same insurance,in accordance with the requirements set forth herein. in addition,the Contractor shall maintain proof of the same on ?le and make the same readily available to Toho upon request. I l TOHO OBLIGATIONS.At the Contractor’s request,Toho agrees to provide,at no cost to Toho,all pertinent information known to be available to Toho to assist the Contractor in providing and performing the Services required under this Agreement. Page 5 of18 Agenda Item #8.B. 10 Mar 2025 Page 118 of 316 12.APPLICABLE LAW,VENUE,JURY TRIAL.The laws of the State of F lorida shall govern all aspects of this Agreement.In the event it becomes necessary for either Party to initiate legal action regarding this Agreement,venue shall lie in Osceola County,Florida.Each Party Parties hereby waives their right to trial by jury in any action,proceeding or claim,arising out of this Agreement,which may be brought by either of the Parties hereto. In all respects,this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or rules thereof that may direct the applicationof the laws of anotherjurisdiction. 13.PUBLIC RECORDS COMPLIANCE. A.If the Contractor has questions regarding the application of Chapter 119,Florida Statutes,to the Contractor’s duty to provide public records relating to this Agreement,contact the custodian of public records at the following: Records Retention 951 Martin Luther King Blvd. Kissimmee,Florida 34741 (407)483-3822 B.The Contractor understands that by virtue of this Agreement all of its documents, records,and materialsof any kind,relating to the relationship created hereby,shall be open to the public for inspectionin accordance with Florida law.If Contractor shail act on behalf of Toho,as provided under Section 119.01 1(2),Florida Statutes, as amended,the Contractor,subject to the terms of Section 287.058(l)(c),Florida Statutes,as amended,and any other applicable legal and equitable remedies,shall: 1)Keep and maintain public records that ordinarily and necessarily would be required by Toho in order to perform the Services;and 2)Provide the public with access to public records on the same terms and conditions that Toho would provide the records and at a cost that docs not exceed the cost provided by Florida law;and 3)Ensure that public records that are exempt or con?dential and exempt from public records disclosure requirements are not disclosed,except as authorized by law;and 4)Meet all requirementsfor retaining public records and transfer,at no cost,to T0110all public records in possession of the Contractor upon terminationof this Agreement and destroy any duplicate public records that are exempt or con?dential and exempt from public records disclosure requirements.All Page 6 of 18 ublmecordsm new;tohnwater.com Agenda Item #8.B. 10 Mar 2025 Page 119 of 316 records stored electronicallymust be provided to Toho in a format that iscompatiblewiththeinformationtechnologysystemsofToho;and5)If the Contractordoes not comply with a public records request,Toho shallenforcethecontractprovisions,in accordancewith this Agreement. employee/employerrelationshipbetweenthe Parties.It is the Parties’intentionthat the Contractor , its employees,subcontractors,representatives,volunteers,and the like,will be an independen t contractor,and not an employee of Toho for the purposes including,but not limitedto,applicationofthefollowing,as amended:the Fair Labor StandardsAct minimum wage and overtimepayments;the Federal Insurance ContributionAct;the Social Security Act;the FederalUnemploymentTaxAct;the provisions of the InternalRevenueCode;the State of Floridarevenueandtaxationlaws;the State of Florida’s Workers’Compensation laws;the State of Florida l7.INDEMNIFICATION.To the fullestextent permitted by law,the Contractorshalldefend,indemnify,and hold harmlessToho,its of?cials,agents,and employees from and againstanyandallclaims,suits,judgments,demands,liabilities,damages,costs,and expenses (including,but not limitedto,attorneys’fees,paralegals’fees,consultants’fees,and costs at all administrative,pretrial,trial,and appellate levels)of any kind or nature whatsoever,arising directly or indirectlyoutoforcaused,in whole or part,by any act or omissionof the Contractoror its subcontractors(if any),anyone directlyor indirectly employed by them,or anyone for whose acts any of themmaybeliable. 18.SOVEREIGNIMMUNITY.Toho expressly retains all rights,bene?ts,andimmunitiesofsovereignimmunity,in accordance with Section 768.28,Florida Statutes,Notwithstandinganything set forth in any paragraph,section,or article of this Agreement to thecontrary,nothing in this Agreement shall be deemedas a waiver of the sovereign immunityor thelimitsofliability,which may have been or may be adopted by the Florida Legislature,and the capontheamountandtypeofliabilityofTohofordamages,attorney fees,and costs,regardless of thenumberornatureofclaimsintort,equity,or contract,which shall not exceed the dollar amount Page 7 of 18 Agenda Item #8.B. 10 Mar 2025 Page 120 of 316 l-I'ml?"Iiin- ma-“?mum-‘ IEEHT. IIill?m—“mm-iii--?£?u '" turf-“mm“ h III-III:.I-P??-hIll-I H unla-Page 8 of 18 for tort,as set by the Florida Legislature.Nothing in this Agreement shall inure to the bene?t of any third party for allowing any claim against Toho,otherwise barred under the Doctrine of Sovereign Immunity or operation of law. 19.BANKRUPTCY OR INSOLVENCY.If the Contractor shall ?le a Petition in Bankruptcy,or if the same shall be adjudged bankrupt or insolvent by any Court;or if a receiver of the property of the Contractor shall be appointed in any proceeding brought by or against the Contractor;or if the Contractor shall make an assignment for the bene?t of creditors;or proceedings shall be commenced on or against the Contractor’s operations of the premises,Toho may terminate this Agreement immediately notwithstanding the notice requirements of Section 7 hereof. 20.BINDING EFFECT.This Agreement shall be binding upon and inure to the bene?t of the Parties hereto,their heirs,personal representatives,successors,and/or assigns. 21.ASSIGNMENT.Assignment of this Agreement by the Contractor shall be subject to express written consent of Toho.Failure by Toho to provide such written consent shall deem any such assignment by the Contractor null and void. 22.SEVERABILITY.All clauses found herein shall act independentlyof each other.If any provision of this Agreement is held by a court of competentjurisdiction to be invalid,void,or otherwise unenforceable,the remaining provisions shall continue in full force without being impaired or invalided in any way. 23.WAIVER.Failure by the Parties to insist upon strict performance of any of the covenants,terms,provisions,or conditions of this Agreement,to exercise any right or option herein contained,shall not be construed as a waiver or a relinquishment of any such covenant, term,provision,condition,or right of election,which shall remain in full force and effect. 24.NOTICE.The Parties understand and mutually agree that written notice,mailed or delivered to the last known mailing address,shall constitute suf?cient notice to T0110and the Contractor.In the event of any change to the addresses indicated below,written notice shall be provided by such Party to the other of such change.All notices required and/or made pursuant to this Agreement to T oho and the Contractor shall be in writing and provided by way of nationally recognized courier or United States Postal Service,?rst class mail,postage prepaid,addressed to the following addresses of record: Toho:Toho Water Authority Attn:Procurement Services (Warehouse) 1628 S.John Young Parkway Kissimmee,Florida 34741 Agenda Item #8.B. 10 Mar 2025 Page 121 of 316 ?liin 'i-rlhhk.- “Hi—"$-J-mn??atlmUm'hl I'f-IIJIFI —III. .13 III'II-II mm?l??l H'I-i?h'“In-J i-IIl-rh rt“... PI_H. h “ml-l.- III-'F Contractor:USSl,LLC 752 CommerceDrive,Suite 15 Venice,Florida 34292 25.MODIFICATION.The covenants,terms,and provisions ofthis Agreement may bemodifiedbywayofwritteninstrument,mutually accepted by the Parties hereto.In the event of aconflictbetweenthecovenants,terms,and/or provisions of this Agreement and any writtenAmendment(s)hereto,the provisions of the latest executed instrumentshall take precedence. 26.ENTIRE AGREEMENT.This Agreement,including any documentsincorporatedherein,sets forth and constitutesthe entire agreement and understandingof the Parties with respect to the subject matter hereof.This Agreement shall supersede any and all prior agreements, negotiations,correspondence,undertakings,promises,covenants,arrangements,communications, representations,and warranties,whether oral or written,of any Party to this Agreement. 27.HEADINGS.All headings of the sections,exhibits,and attachments contained in thisAgreementareforthepurposeofconvenienceonlyandshallnotbedeemedtoexpand,limit,orchangetheprovisionscontainedinsuchsections,exhibits,and attachments. 28.ADMINISTRATIVE PROVISIONS.ln the event Toho issues a purchase order, memorandum,letter,or any other instrumentaddressing the Services,work,and materialsto beprovidedandperformedpursuanttothisAgreement,it is hereby speci?cally agreed andunderstoodthatanysuchpurchaseorder,memorandum,letter,or other instrumentis for Toho’sinternalpurposesonly,and any and all terms,provisions,and conditions contained therein,whether printed or written,shall in no way modify the covenants,terms,and provisions of thisAgreementandshallhavenoforceoreffectthereon. 29.CONFLICT OF INTEREST.The Contractor warrants that the Contractor has notemployedorretainedanycompanyorperson,other than a bona ?de employee working solely fortheContractor,to solicit or secure this Agreement,and that the Contractor has not paid or agreed to pay any person,company,corporation,individual,or firm any fee,commission,percentage,gift,or any other consideration,contingent upon or resulting from the award or making of thisAgreement.For breach or violation of this Section,Toho shall have the right to immediatelyterminatethisAgreement,without liability and without regard to the notice requirements set forthinSection7hereof. 30.PUBLIC ENTITY CRIMES.As required by Section 287.133,Florida Statutes,theContractorwarrantsthatitisnotontheconvictedcontractorlistforapublicentitycrimecommittedwithinthepast36months.The Contractor further warrants that it will neither utilizetheservicesof,nor contract with,any supplier,subcontractor,or consultant in connection with this Agreement for a period of 36 months from the date of being placed on the convicted contractorlist. Page 9 of 18 Agenda Item #8.B. 10 Mar 2025 Page 122 of 316 3 1.EMPLOYMENTELIGIBLITYVERIFICATION(E-VERIF Y) The Contractorshall require each of its subcontractorstoprovide the Contracto r with an af?davit stating that the subcontractordoes not employ,contract with,orsubcontractwithanyunauthorizedalien.The Contractorshall maintaina copy ofthesubcontractor’saf?davit as part of and pursuant to the record retentionrequirementsofthisAgreement. The Contractoror any subcontractorwho has a good faith belief that a person orentity,with which it is contracting,knowinglyviolatedSection448.090),FloridaStatutes,or the provisions of this section,shall terminate the contract with thepersonorentity. subcontractor. A contract terminatedunder the provisions of this section is not a breachof contractandmaynotbeconsideredassuch.Any contract terminatedunder the provisionsofthissectionmaybechallengedpursuanttoSection448.095(2),FloridaStatutes.The Contractoracknowledgesthat upon terminationof this Agreement by Toho foraviolationofthissectionbytheContractor,the Contractormay not be awarded apubliccontractforatleastoneyear.The Contractorfurtheracknowledgesthat theContractorwillbeliableforanyadditionalcostsincurredbyTohoasaresultoftheterminationofthecontractforviolationofthissection. Subcontracts.The Contractoror subcontractorshall insert in any subcontractstheclausessetforthinthissection,including this subsection,requiring the Informationon registration for and use of the E-Verify Program can be obtainedviatheinternetattheDepartmentofHomelandSecuritywebsite: Page 10 of 18 -'r’l ,,.',.n.,.lh..I.’W?‘.a..1 ,uy \i‘1;.htf ill UAW/[d h V (N {I11—V' Agenda Item #8.B. 10 Mar 2025 Page 123 of 316 further ensure that all subcontractorsituses in providing the Services nequired under thisAgreementwillcomplywithallequalopportunityemploymentlaws. Agreement,the Contractorshall keep all books,records,and accounts of all activitiesrelated tothisAgreement,in compliance with generally accepted accounting procedures.ThroughoutthetermofthisAgreement,books,records,and accounts relatedto the performance of this Agreement prescribed herein.All books,records,and accounted relatedto the performance of this AgreementshallbesubjecttotheapplicableprovisionsoftheFloridaPublicRecordsAct,Chapter 119,FloridaStatutes.Toho also has the right to conduct and audit within 60 days from the date ofexecutionofthisAgreementbybothPattiestodeterminewhethertheContractorhastheabilitytoful?ll its contractual obligations to Toho’s satisfaction.Toho has the right to terminate thisAgreementbaseduponits?ndings of such audit withoutregard to the terminationprovision setforthherein. listedbelowas Project Managers,each ofwho shall havethe responsibilityfor managingthe workperformedunderthisAgreement.The person or individualidenti?edby the Contractorto serveasitsProjectManagerforthisAgreement,or any replacement thereof,is subject to prior writtenapprovalbyToho.If Toho and the Contractorreplace their current Project Managerwith anotherindividual,an amendmentto this Agreement shall not be required.Notwithstandingtheforegoing,Toho will notify the Contractor,in writing,if the current Toho Project Manager is replaced withanotherindividual. A.Toho’s Project Managercontact informationis as follows: Tim Noyes,Asset Manager Engineering/Asset Management Toho Water Authority 951 MartinLutherKing Blvd. Page 11 of18 Agenda Item #8.B. 10 Mar 2025 Page 124 of 316 Kissimmee,Florida 3474] (407)944-5040 Eric McRoberts USSI,LLC 752 Commerce Drive,Suite 15 Venice,Florida 34292 (941)725-2123 36.SCRUT]NlZED COMPANIES. A.If this Agreement has a cumulative value that meets,or exceeds,$1,000,000 (One Million Dollars),then the Contractor must certify that it is not a “Scrutinized Company"pursuant to Section 287.135(2),Florida Statutes.A “Scrutinized Company”is a company that is: I)on the “Scrutinized Companies that Boycott Israel List,”created pursuant to Section 215.4725,Florida Statutes,or is engaged in a boycott of Israel; 2)on the “Scrutinized Companies with Activities in Sudan List"or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,”created pursuant to Section 215.473,Florida Statutes;or 3)engaged in business operations in Cuba or Syria. B.To ensure compliance with Section 287.135(5),Florida Statutes,certi?cation requirement,the Contractor must complete an “Af?davit of Non-Scrutinized Company Status,”a copy of which is attached and incorporated by reference as Exhibit “C.”The af?davit must be executed by an individualthat is authorized to bind the Contractor and shall be properly notarized. C.Pursuant to Section 287.135(3)(c),Florida Statutes,Toho may terminate this Agreement should the Contractor be found to: I)have falsi?ed its certi?cation of non-scrutinized company status;or 2)subsequent to the submittal of the attached af?davit,the Contractor engages in activities that make it a “Scrutinized Company.” 37.SIGNATORY.Each signatory below represents and warrants that he or she has the Page 12 of 18 PM.n..“x.”5:?ght,“ B.The Contractor Project Manager’s contact information is as follows _1. 3.n,“ a._ no :3u mo cs tolum'atmunn t’llC “SHIUbZLC’ Agenda Item #8.B. 10 Mar 2025 Page 125 of 316 III-nul- fullpower,and is duly authorized by their respective Party,to enter into and perform under thisAgreement.Such signatory further represents that he or she has fully reviewed and understand sthetermsandconditionssetforthinthisAgreement,includingexhibits,and fully intendsto abidebyandcomplywithallofthetermsandconditionssetforthherein. 38.COUNTERPARTS,ELECTRONICTRANSACTION,AND ELECTRONICSIGNATURES.This Agreement may be electronicallyexecuted by the Parties in counterparts,up to but not exceeding the number of Parties,each of which shall be deemed an original and allofwhich,taken together,shall constitute one agreement.Each Party may deliver its executedsignaturepagebyemailtransmissiontotheotherPartyattheemailaddressessetforthherein.Delivery shall be effective and complete upon completion of such email transmission.The PartiesagreethatelectronicsignaturesmaybeusedintheexecutionofthisAgreement,in accordancewithPartsIandllofChapter668,FloridaStatutes. [REMAlNDER OF PAGE INTENTIONALLYLEFT BLANK] [SIGNATURES ON PAGE THAT FOLLOWS] Page 13 of18 Agenda Item #8.B. 10 Mar 2025 Page 126 of 316 {It Ufa Lw_a?w,e Puts _5'“» GR»i‘KLLW414i kl 1H5/],. 3w "I 1’In USSI,LLC,a Floridahunted TOHOPEKALIGAWiggins]; ,i”liabilitycompany AUTHO 4?Cs{-7x ,..,3::Lt.’e-i1wph \j_,:j :3By: By: 7 (i;""'-"-’i-‘«;i ;1;- :3 PrintedName:Dim “mg Henry Thackenighaifman,6'3: 3 Title: Board of Supei‘yiéoxs ' '"frDate: Date:-x .-‘.V031“ Attest By: WilliamLane,cecreta Address:951 MartinLutherKingBlvd. Kissimmee,Florida34741 : ABy:ECM . “es STATE OF Elgg it”; COUNTYGEM notarizationthis l day of m 2023,by".‘V‘i.(7.5.”asjl",;of USS],LLC,a Floridalimitedliabilitycompany,on behalfof the company,who is[]personally knownto me or has [3 produced ”a 'LiC'EwACK‘;as identi?cation. (Kr-xv\0 ’$5.1)”D”.,‘3 t i u__._\._,LL_..___:‘__~"A':‘“\Notary Public PrmtedNameor Stamp:m.mm m''.<9;NotaryPublic-StaMyCommissmnNo.. 3'."mm 5."My CommissionExpires:Wm"MyCommeoIren 139‘"gig :-CHRIS-LEEucciomas-J}NotaryPublic-Stétéof Florlda3.;65‘:-CommissionaHH37am'gm‘“MyComm.Explfé'S'May12.2027 Page 14 of 18 (In: "n Agenda Item #8.B. 10 Mar 2025 Page 127 of 316 'I-I'l'l-Page 15 of 18 “A” IFB-20-076 Solicitation Agenda Item #8.B. 10 Mar 2025 Page 128 of 316 u'n'uu PP PP PP DP 10 ll EXHIBIT “B” Unit Price List Item /Deseri tion Q . Mobilization &Demobilization 1 Indemni?cation 1 General Re uirements Bonds,Permits 1 Maintenance of Traf?c 1 Smoke Testin and Re ort Pre aration 160,000 Sea]Manhole Chimne s 80] Insert Dishes into Manholes 801 Re lace Cleanout Ca 5 8a.6—inchCleanout riser i es 80 8b.4-inch Cleanout riser i es 721 Install Cleanout Pi es 9a.6-inch Cleanout riser i es 67 9b.4-inch Cleanout riser i es 608 LS Basin Re ort 160,000 Li?Station Area In?ltration 80,000 Investi ation TOTAL BASE BID Unit Lum Sum Lum Sum Lum Sum Lum Sum Linear Foot Each Each Each Each Each Each Linear Feet Linear Feet Unit Price $1,605.00 $ $ $ $ $ $ 996669699969 107.00 107.00 107.00 0.36 353.10 37.98 10.70 5.35 138.03 92.02 0.27 0.14 Extended Price $1,605.00 $107.00 $107.00 $107.00 $57,600.00 $282,833.00 $30,421.00 $856.00 $3,857.35 $9,248.01 $55,948.16 $43,200.00 $1 1,200.00 $497,090.50 Page 16 of 18 Agenda Item #8.B. 10 Mar 2025 Page 129 of 316 CONTRACTOR Name:USS! CONTRACTOR FElN:65-0891727 EXHIBIT “C” Contractor Certification Regarding Scrutinized Companies (Agreements of $1,000,000.00 or more) CONTRACTOR’S Authorized RepresentativeName:Dion Vlasak [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Phone Number:941-408-5091 Email Address:Dion@USSIUSA.COM Section 287.135,Florida Statutes,prohibits local governments from contracting with companies, for goods or services of One Million and 00/100 Dollars ($1,000,000.00)or more that are on Scrutinizcd Companies Lists enumerated in Section 287.135,Florida Statutes. Address:752 Commerce Drive Suite 15 Title:CEO City:Venice State:Florida Zip:34292 [SIGNATURES ON FOLLOWING PAGE] Page 17 01°18 Agenda Item #8.B. 10 Mar 2025 Page 130 of 316 EXHIBIT “C” As the person authorized to sign on behalf of the CONTRACTOR,I hereby certify that the company identi?ed above in the section entitled “CONTRACTORName”is not listed on the Scrutinized Companies Lists.I understandthat pursuant to section287.135,Florida Statutes,the submissionof a false certi?cation may subject the CONTRACTOR to termination of the Agreement,civil penalties,attomey’s fees,and/or costs. CERTIFIED BY:I Date:st l -£13 AuthorizedSignature Print Name: Print Title: The foregoing instrument was acknowledged before me by means of []physical presence or []online notarization,this (date)by name of of?cer or ent title of of?cer or a ent of name of com an or corporation acknowledgm‘g},a (company or corporation),on behalf of the (company or corporation). He/she is []personally known to me orMhas produced e of identi?cation as identi?cation. Notary Signature I\.PrintedName:k‘M" My CommissionNo.: NotaryPubii: My Commission Exp'raging"“Miss“: mates.CHRlS-LEEacconss5%Exit.NotaryPublic-State of FloridaaegisCommission1!NH37369) KNEE?“MyComm.ExpiresMay 12.1027 itb-20—076amended and restatedagreement ?nal 4 19 23 Page 18 of18 ,r a “.3”h ' “9+3 WL(ltd?~ Agenda Item #8.B. 10 Mar 2025 Page 131 of 316 tullloril3/ v( tlMB,"A W:«mm Biv 2 #9534 ‘fllrtf F '31—47 “4|‘I \‘n'.W 1,?awaie:3.0 ‘19:31 Matti”Luthc Kin;BML 1LiLaimmm,.‘-|34/”1 3910/)9"3—5300 'wwwtuhmmm mrr. Check all that a l Le al Administrative Assistant Notes: Check all that apply Executive Assistant to process: Document Processing Form (This form should remain with the document throughout processing) Date:5/9/2023 Requestor's Name:'JillSelby Department Procurement Extension:3831 We of Document:Approval of Amended and Restated Agreement lFB-20-076 lN-FLOW ABATEMENTSERVICESProjectNumberProjectName: ._To be Com leted b ProcessorRequestedProcessmg.Processed B :Initial Date: Board Signature:5/10/23BoardMeetingDate: 7NAgendaItemNo.: Executive Director’s Signature Notary Recording Fonrvard to County Clerk for Recording.Select the applicable County or Counties: DOsceola DOrange DPolk D Scan to Laser?che &Notify Requestor Return to Requestor E]Dispose of Original D Forward to Legal Administrative Assistant for Comments: Toll» “nu-r Worn-uha raw 1 rum-1m.«a u:”mufnaW2 ”m'xmt:an :Scus manna Agenda Item #8.B. 10 Mar 2025 Page 132 of 316 ulv—n L ‘ "nun". \Itl?lillzl?iL4. ’ ”mm.“- mun-In nun aw Agenda Item #8.B. 10 Mar 2025 Page 133 of 316 Page 134 of 316 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-19 approving a temporary constructioneasement from the School Board of Duval County for temporary non-exclusive easement for construction and related purposes at Anchor Academy,subject to the terms in the easement agreement;authorizing the mayor to execute the easement agreement. SUBMITTED BY:Steve Swann,PE,City Engineer TODAY’S DATE:February 26,2025 MEETING DATE:March 10,2025 BACKGROUND:The City of Atlantic Beach is constructing a water main across Anchor Academy property off of Wonderwood Drive.This water main is part of the project that will ultimately result in an emergency potable water connection with Naval Station Mayport.This water main project will be funded 70%through a Defense Community Infrastructure Program grant. The water main will be installed by trenching across the east side of the Anchor Academy property, connecting to an existing water main on Pioneer Drive and terminating at the property line of Naval Station Mayport.Construction activities on Anchor Academy property will require a temporary construction easement approved by the School Board of Duval County.The School Board of Duval County has approved the temporary construction easement to be executed by the Mayor.Following construction of the water main,the School Board of Duval County Willgrant a permanent easement for the water main. BUDGET:N/A RECOMMENDATION:Commission review and vote on Resolution No.25-19 ATTACHMENTS:Proposed Resolution No.25-19 Temporary Construction Ease nt Agreement BY CITY MANAGER: Agenda Item #8.C. 10 Mar 2025 Page 135 of 316 RESOLUTION NO.25-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF DUVAL COUNTY FOR TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES AT ANCHOR ACADEMY,SUBJECT TO THE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City is extending a watermain along Wonderwood Drive and crossing Anchor Academy property to the property line of Naval Station Mayport;and WHEREAS,as part of these improvements,temporary authorization for access to Anchor Academy property during construction is required;and WHEREAS,the City requested and the School Board of Duval County has agreed to grant to the City a temporary non-exclusive easement for the staging of construction equipment and construction activities and related purposes,subject to the terms therein. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves and accepts the Temporary Construction Easement Agreement with the School Board of Duval County as set forth in Exhibit A,attached hereto and made a part hereof. SECTION 2.The Mayor is hereby authorized to execute the attached temporary construction easement,Exhibit A,and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 3.This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach,Florida, 10thday of March 2025. Donna L.Battle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Gabriel,City Attorney Attest: Agenda Item #8.C. 10 Mar 2025 Page 136 of 316 Pre ared b and return to: Stephen Swann City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE #2 168330-0010 TENIPORARY CONSTRUCTION EASEMEN T AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Easement Agreement")is made this day of ,2024,by and between the SCHOOL BOARD OF DUVAL COUNTY,FLORIDA (the “Grantor”),whose address is 1701 Prudential Drive,Jacksonville,Florida 32207,and the CITY OF ATLANTIC BEACH,a body politic and corporate (the “Grantee”),whose business address is 800 Seminole Road,Atlantic Beach,Florida 32233. WITNESSETH:The District,for and in consideration of consideration of the sum of Ten and 00/100 dollars ($10.00)and other good and valuable consideration,the receipt and suf?ciency of which are hereby acknowledged,the parties intending to be mutually bound do hereby agree as follows: 1.Grant of Easement.Grantor hereby gives,grants,bargains and releases unto Grantee,a temporary easement (this "Temporary Easement")for the purpose of providing additional work space with the construction of improvements associated with a public utilities project to be undertaken by Grantee (the "Project"),said Temporary Easement being located in,upon,over and through the following described land in Duval County,Florida,described as follows (the "Easement Area"): See Exhibit A,attached hereto and incorporated herein by this reference. For the duration of this Easement Agreement,Grantee shall have the right of reasonable ingress and egress over Grantor's property to access the Easement Area. Grantee shall also have the right to add stabilizing materials to portions of Grantor's property utilized by Grantee for ingress and egress to the Basement Area;provided, however,that upon completion of the Project,Grantee shall remove all such stabilizing materials from Grantor's property and restore those portions of Grantor‘s property to substantially the same condition as it existed prior to the Project.Grantee shall complete the Project on or before eighteen (18)months after execution of this Easement Agreement.Prior to commencement of any work on the Project,Grantee NOTE TO CLERK:The property interest conveyed by this instrument is being transferredbetween two governmental entities.Accordingly,pursuant to Rule 123-4.014(10),FA C,no documentary stamp tax is due and payable in connection with this instrument. 1 Agenda Item #8.C. 10 Mar 2025 Page 137 of 316 shall obtain all necessary permits and approvals from jurisdictions with authority in accordance with all applicable laws,codes,rules and regulations.Nothing in this Easement Agreement shall be construed as a permit for the Project. 2.Term of Easement.This Easement Agreement shall automaticallyexpire and terminate upon the earlier of:substantial completion of the Project or that date that is eighteen (18)months after the date this Easement Agreement is executed; provided however that upon the written request of the Grantor,Grantee shall execute and deliver for recordation a termination of easement in respect hereof. 3.Indemni?cation.Grantee shall indemnify,defend and hold harmless Grantor and its respective members,of?cers,employees,agents and representatives (the "Indemni?ed Parties")from any and all losses,costs,liens,claims,causes of action,liability,damages and expenses (including,without limitation,court costs and reasonable attorneys'fees)arising from any personal injury or property damage incurred in connection with,or arising in any way from,the use of the Easement Area by Grantee,Grantee's representatives,contractors,or subcontractors unless such loss is caused or alleged to be caused solely by the negligence or fault of the Grantor.This indemnity does not alter,amend or expend the parameters of Section 768.28,Florida Statutes.If Grantee contracts with contractors or subcontractors in any way related to the Easement,Grantee shall require said contractors and subcontractors to comply with the indemnity requirements attached hereto as Exhibit B. 4.Insurance.During the term of this Agreement,Grantee shall maintain its status as a Florida self-insured entity.Upon request,Grantee will provide Grantor with a letter of self-insurance con?rming coverage for general and automotive liability and Florida workers'compensation.If Grantee contracts with contractors or subcontractors in any way related to the Easement,Grantee shall require said contractors and subcontractors to comply with the insurance requirements attached hereto as Exhibit C. 5.Successors and Assi us.The burdens of this Easement Agreement shall run with title to the Easement Area,and all bene?ts and rights granted hereunder shall be appurtenant to the interest of the parties hereto.This Easement Agreement shall be binding upon and inure to the bene?t of the parties and their respective successors and assigns. 6.Use'Com liance with Laws.Subject to the provisions hereof,Grantee shall have the right to use the Easement Area for the purpose stated in paragraph 1 above and for no other purpose without the prior written consent of Grantor (which consent may be withheld in Grantor's sole discretion).Grantee shall comply with all laws,rules and regulations,orders and decisions of all governmental authorities, respecting the use of and operations and activities on the Basement Area,including, but not limited to,environmental,zoning and land use regulations.Grantee shall not make,suffer or permit any unlaw?il use of the Basement Area,or any part thereof. Agenda Item #8.C. 10 Mar 2025 Page 138 of 316 7.Severabili .The invalidity of any provision contained in this Easement Agreement shall not affect the remaining portions of this Easement Agreement, provided that such remaining portions remain consistent with the intent of this Easement Agreement and do not violate Florida law,which law shall govern this Easement Agreement. 8.Construction.The parties acknowledge that each party has reviewed and revised this Easement Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Easement Agreement. 9.Notices.Any notice,demand,consent,authorization,request,approval or other communication (collectively,"Notice")that any party is required,or may desire,to give to or make upon the other party pursuant to this Easement Agreement shall be effective and valid only if in writing,signed by the parties giving such Notice,and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service,with con?rmed receipt,or by registered or certi?ed mail of the United States Postal Service,postage prepaid and return receipt requested,addressed to the other parties and sent simultaneously as follows (or to such other place as any party may by Notice to the other specify): As to the District:With copy to: The School Board of Duval County,Florida Of?ce of General Counsel 1701 Prudential Drive 117 West Duval Street,Suite 480 Jacksonville,Florida‘32207 Jacksonville,Florida 32202 Attn:Real Estate Director Attn:Real Estate Divisions As to COAB:With copy to: Atlantic Beach Public Utilities Department City of Atlantic Beach 902 Assisi Lane 800 Seminole Road Jacksonville,Florida 32233 Atlantic Beach,Florida 32233 Attn:Utility Director Attn:Finance Director Notices shall be deemed given when received or three (3)days after mailing,whichever occurs ?rst,except that if delivery is not accepted,Notice shall be deemed given on the date of such non-acceptance. 10.Modi?cation and Waiver.This Easement Agreement shall not be modi?ed or amended and no waiver of any provision shall be effective unless set forth in writing and signed by both parties. 11.Jurisdiction.This Easement Agreement shall be construed and enforced in accordance with the laws of the State of Florida.Any action or proceeding arising out of or relating to this Easement Agreement shall be brought in Duval County,Florida,either in the State or Federal courts.Both parties hereby waive any objections to the laying of venue in any such courts. [Signatures on following page] Agenda Item #8.C. 10 Mar 2025 Page 139 of 316 IN WITNESS WIIEREOF,Grantor has executed this Easement Agreement as of the day and year ?rst above written pursuant to the authority of Ordinance 2018-871-E and Section 122.430.1 (b),Jacksonville Ordinance Code. Signed,sealed and delivered in GRANTOR: Our presence as witnesses: THE SCHOOL BOARD OF DUVAL COUNTY,FLORIDA By: Print Name:Print: Its: Print Name: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me by means of L]physical presence or L]online notarization,this day of ,20204 by as the of The School Board of Duval County,Florida,who L]is personally known to me or L]has produced as identi?cation. Name: Notary Public,State of Florida My commission expires: Commission no.: (NOTARIAL SEAL) Form Approved: Of?ce of General Counsel Agenda Item #8.C. 10 Mar 2025 Page 140 of 316 Print: CITY OF ATLANTIC BEACH, a body politic and corporate Signed,sealed and delivered in GRAN TEE: Our presence as witnesses: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me by means of L]physical presence or L]online notarization,this day of ,20204 by ,as the of The School Board of Duval County,Florida,who L]is personally known to me or L]has produced as identi?cation. Name: Notary Public,State of Florida My commission expires: Commission no.: (N OTARIAL SEAL) Print Name: Print Name: Its: Agenda Item #8.C. 10 Mar 2025 Page 141 of 316 EXHIBIT A “Easement Area” MAP SHOWING SURVEYOF: A PORTIONOFLOT2,DIVISION2.ANDREWDEWEESGRANT DUVALCOUNTY,FLORIDA.mm mm;-25 marIn:1mm mm mzmmcrwrzmammmmnmvmmammmmwwmmvm MAWWWWMMWMGMMWMMMIM‘Mmmmmm Imwmmmwwmmntmmutwmzmz?mn:mmwwmcmmm hummmmmmmmmmnmmammmummmm 1967ummmmmwwmmmwwwmmwwmmuvu1WAW¢YDIMTEZTTO 4WM”WMWMMWWWLWSDWU‘AWNJGMJMMA’II'MPI'EIDHD mMMWMAmW?BmmAS/fmmWMWMWWWWMAM $51.95meHummrmwwwwmmmaImmumwmmmmwmmwmmm wWIILAmNRNFRTIOHM?'m 1)”meWWMYWQ’WUEAWNMMMWWWMAMNWMM mmvmnmwwmmmmmrmwmmmmmmwmmsmmmr WWWLEAWWZIM‘ETWMWWM i;meéwwr mug-m,Faraway-u magmas;IE a?mm?nann “WHO I SEWWA‘: 3mg:mew-mm Q}1 IE I ’ '3 ‘uuunlm //I”l Ennisfmmu /,E I m'mza / I mm /l l WWW-WITH / I ,mwgwm / >¢rmmgamm // I “'7qu /’/zII I I //// / mwummm \/ ’ amass-Hm-I I \/gamma:I s!g:IF\\—7// I ,GRAPHIC SCALE I ?llEl ‘5/0 2°;I 40 I 'I I,I ?y c??I Inch =40 feet ///./““006VIN“/a"“0?.I 0‘E minnows-m/‘mg1$""‘g‘30 \G“mmme/A /G‘3‘Muzak-aw /Q0 m m.may /airman mm hm“.mmmmmmwwzmzmmm.mamImmammmxmmumzmmmmmmwmmwwmwmmmmmammwmmmmmmmmmmmmummmmmuzmmmmmmmmwmuummmwm.xmanmwmsAammmmmmmmmmmmmmmmy: Amm?mmmmmwmw. “Wimmmmmwmnmwmmm?vumm THIS SURVEY MEETS THE STANDARDSor PRACTICEFOR PROFESSIONALsunvzvonsANDMAPPERSPURSUANTTO BRADSHAW-ms and ASSOCIATES.INC. CHAPTERS5.147.051 a:5.147.052 F.A.c.sumo mo MAPPING eonsuu'm‘rs..LICENSED BUSINESS No.6524AlbertDD'Q'W'YW "D 3520 Lens SPEEDWAYBY5KmST.AUGUSTINE.FLORIDA 32084 ''(904)629-2591 FAX;(904)829—6070vmmhmunm Agenda Item #8.C. 10 Mar 2025 Page 142 of 316 EXHIBIT B INDEMNIFICATION Grantee's contractors and subcontractors (the "Indemnifying Party/Parties")shall hold harmless,indemnify,and defend the City of Jacksonville and City's members,of?cers, of?cials,employees and agents (collectively,the "Indemni?ed Parties")from and against, without limitation,any and all claims,suits,actions,losses,damages,injuries,liabilities, ?nes,penalties,costs and expenses of whatsoever kind or nature,which maybe incurred by,charged to or recovered ?om any of the foregoing Indemni?ed Parties for: 1.General Tort Liabili ,for any negligent act,error or omission,recklessness or intentionally wrongful conduct on the part of the Indemnifying Parties that causes injury (whether mental or corporeal)to persons (including death)or damage to property, whether arising out of or incidental to the Indemnifying Parties'performance of the Easement Agreement,operations,services or work performed hereunder;and 2.Environmental Liabili ,to the extent this Agreement contemplates environmental exposures,arising from or in connection with any environmental,health and safety liabilities,claims,citations,clean-up or damages whether arising out of or relating to the operation or other activities performed in connection with the Agreement; and If an Indemnifying Party exercises its rights under this Agreement,the Indemnifyin gPartywill(1)provide reasonable notice to the Indemni?ed Parties of the applicable claim or liability,and (2)allow Indemni?ed Parties,at their own expense,to participate in the litigation of such claim or liability to protect their interests.The scope and terms of the indemnity obligations herein described are separate and apart from,and shall not be limited by any insurance provided pursuant to the Agreement or otherwise.Such terms of indemnity shall survive the expiration or termination of the Agreement. In the event that any portion of the scope or terms of this indemnity is in derogation of Section 725.06 or 725.08 of the Florida Statutes,all other terms of this indemnity shall remain in full force and effect.Further,any term which offends Section 725.06 or 725.08 of the Florida Statutes will be modi?ed to comply with said statutes. Agenda Item #8.C. 10 Mar 2025 Page 143 of 316 EXHIBIT C INSURANCE REQUIREMENTS Without limiting its liability under this Agreement,Grantee's contractors and subcontractors shall at all times during the term of this Agreement procure prior to commencement of work and maintain at its sole expense during the life of this Agreement insurance of the types and limits not less than amounts stated below Insurance Covera es Schedule Limits Worker's Compensation Florida Statutory Coverage Employer‘s Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Each Employee/Disease This insurance shall cover the Grantee's contractor or subcontractor (and,to the extent they are not otherwise insured,its subcontractors)for those sources of liability which would be covered by the latest edition of the standard Workers'Compensation policy,as ?led for use in the State of Florida by the National Council on Compensation Insurance (NCCI),without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03),those which are required by the State of Florida,or any restrictive NCCI endorsements which,under an NCCI ?ling,must be attached to the policy (i.e.,mandatory endorsements).In addition to coverage for the Florida Workers'Compensation Act,where appropriate,coverage is to be included for the Federal Employers'Liability Act,USL&H and Jones,and any other applicable federal or state law. Commercial General Liability $2,000,000 General Aggregate $2,000,000 Products &Comp.Ops.Agg. $1,000,000 Personal/Advertising Injury $1,000,000 Each Occurrence $50,000 Fire Damage $5,000 Medical Expenses Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability.Form (ISO Form CG 00 01)as ?led for use in the State of Florida. Automobile Liability $1,000,000 Combined Single Limit (Coverage for all automobiles,owned,hired or non-owned used in performance of the Agreement) Agenda Item #8.C. 10 Mar 2025 Page 144 of 316 I I I II |I II —A I I I I II I I .I I II.7 'II 1'-r‘ '«I I I '....II I II .I''"-- I H I - ' '.I .. I I I _:I II I I .|I I II I '‘' I I.'"TI II I ' '‘' .I ...II I z _, II :z A II -"I 'f '.E -Ii '‘ I I . I .-I.- III . I _ I I =I -I I II ‘"I I " : =I III I I -I.. I n I I rI II I I I I.I ' I II I I I I 54 I I I:..I 7 .,-II - IIII I I I r I I III I ._.I I I I I -I I II :‘‘I : I I I'-'II I II I I I I .. Such insurance shall be no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CAOOO1)as ?led for use in the State of Florida. Professional Liability $1,000,000 per Claim and Aggregate Any entity hired to perform professional services as a part of this Agreement shall maintain professional liability coverage on an Occurrence Form or a Claims Made Form with a retroactive date to at least the ?rst date of this Agreement and with a three year reporting option beyond the annual expiration date of the policy. Builders Risk/Installation Floater 100%Completed Value of the Project The Builder's Risk/Installation Floater policy shall include the SPECIAL FORM/ALL RISK COVERAGES.The Builder's Risk and/or Installation policy shall not be subject to a coinsurance clause.A maximum $10,000.00 deductible for other than Windstorm and hail.For windstonn and hail coverage,the maximum deductible applicable shall be 2% of the completed value of the project.Named insured's shall be:CONTRACTOR,the CITY,and respective members,of?cials,employees and agents,the ENGINEER,and the PROGRAM MANAGEMENT FIRM(S)(when program management services are provided).The City of Jacksonville,its members,of?cials,of?cers,employees and agents are to be named as a loss payee. Pollution Liability $1,000,000 per Loss $2,000,000 Annual Aggregate Any entity hired to perform services as part of this Agreement for environmental or pollution related concerns shall maintain Contractor's Pollution Liability coverage.Such Coverage will include bodily injury,sickness,and disease,mental anguish or shock sustained by any person,including death;property damage including physical injury to destruction of tangible property including resulting loss of use thereof,cleanup costs,and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs charges and expenses incurred in the investigation,adjustment or defense of claims for such compensatory damages;coverage for losses caused by pollution conditions that arises from the operations of the contractor includin gtransportation. Pollution Legal Liability $1,000,000 per Loss $2,000,000 Aggregate Any entity hired to perform services as a part of this Agreement that require disposal of any hazardous material off the job site shall maintain Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this Agreement. Agenda Item #8.C. 10 Mar 2025 Page 145 of 316 Additional Insurance Provisions A.Additional Insured.All insurance except Worker's Compensation and Professional Liability shall be endorsed to name the City of Jacksonville and City's members,of?cials,of?cers,employees and agents as Additional Insured. B.Waiver of Subro ation.All required insurance policies shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the City of Jacksonville and its members,of?cials,of?cers employees and agents. C.Contractor's/Subcontractor‘s Insurance Prima .The insurance provided by the Grantee's contractor or subcontractor shall apply on a primary basis to,and shall not require contribution from,any other insurance or self—insurancemaintained by the City or any City members,of?cials,of?cers,employees and agents. D.Carrier uali?cations.The above insurance shall be written by an insurer holding a current certi?cate of authority pursuant to chapter 624,Florida State or a company that is declared as an approved Surplus Lines carrier under Chapter 626 Florida Statutes.Such Insurance shall be written by an insurer with an AM.Best Rating of A-VII or better. E.Deductible or Self-Insured Retention Provisions.All deductibles and self-insured retentions associated with coverages required for compliance with this Agreement shall remain the sole and exclusive responsibility of the named insured Grantee. Under no circumstances will the City of Jacksonville and its members,of?cers, directors,employees,representatives,and agents be responsible for paying any deductible or self-insured retentions related to this Agreement. F.Contractor's/Subcontractor's Insurance Additional Remed .Compliance with the insurance requirements of this Agreement shall not limit the liability of the contractor or subcontractor,its employees or agents to the City or others.Any remedy provided to City or City's members,of?cials,of?cers,employees or agents shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise. G.Survival.Anything to the contrary notwithstanding,the liabilities of the Grantee under this Agreement shall survive and not be terminated,reduced or otherwise limited by any expiration or termination of insurance coverage. 10 Agenda Item #8.C. 10 Mar 2025 Page 146 of 316 .v I‘ ,, CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-20 authorizing the City Manager to execute a Hazard Mitigation Grant Program contract modi?cation for partial funding of the Aquatic Gardens Drainage project;authorizing the city manager to subsequently execute a contract with J ax Utilities Management,Inc,for construction of the project. SUBMITTED BY:Steve Swarm,PE,City Engineer TODAY’S DATE:February 26,2025 MEETING DATE:March 10,2025 BACKGROUND:The City of Atlantic Beach is constructing drainage improvements in Hopkins Creek adjacent to the Aquatic Gardens neighborhood,the Aquatic Gardens Drainage Project.The purpose of this project is to improve the hydraulic capacity of Hopkins Creek during heavy rainfall events. The original design for the drainage improvements included dredging the Aquatic Gardens stormwater pond and installing a sheet pile wall adjacent to the Atlantic Village shopping center.This project was selected by the Florida Division of Emergency Management (FDEM)for funding under the Hazard Mitigation Grant Program which provided reimbursement for up to 75%of the project cost. The City advertised this project for bids and received one bid from Jax Utilities Management,Inc.Although J ax Utilities Management,Inc.is a well-quali?ed ?rm,their bid was well over budget.Staff met with Jax Utilities Management,Inc.and the design engineer,Jones Edmunds Associates,to value engineer the project to reduce costs while providing a similar level of protection from severe rainfall events as the originally proposed project.The result of this effort was a modi?ed project that eliminated the sheet pile wall and pond dredging,but included ditch modi?cations,pond headwall modi?cations and the replacement of the culvert at the entrance to the shopping center off of Aquatic Drive. The value engineered project results in very similar performance as the originally conceived project.The value engineered cost from Jax Utilities Management,Inc.of $2,795,000 still exceeded available budget so the City requested a scope of work and budget increase from FDEM. FDEM noti?ed the City on February 19,2025,that the scope of work change and budget increase was approved by the Federal Emergency Management Agency.FDEM indicated that executing the contract modi?cation to incorporate these changes can sometimes take up to two months due to the agency internal programmatic and legal reviews process. To help expedite the initiation of construction by J ax Utilities Management,staff recommends that the City Commission authorize the City Manager to execute the HMGP contract modi?cation when received from FDEM.When the HMGP contract is ?llly executed,staff recommends that the City Commission authorize the City Manager to execute a contract with J ax Utilities Management,Inc.for construction of the Aquatic Gardens Drainage Project. Agenda Item #8.D. 10 Mar 2025 Page 147 of 316 BUDGET:$2,795,000 RECOMMENDATION:Commission review and vote on Resolution No.25—20 ATTACHMENTS:Proposed Resolution No.25-20 Exhibit A -J ax Utilitie agement,Inc.Quotefor Construction REVIEWED BY CITY MANAGER. Agenda Item #8.D. 10 Mar 2025 Page 148 of 316 Donna L.Battle,City Clerk Approved as to form and correctness: RESOLUTION NO.25-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARD MITIGATION GRANT PROGRAM CONTRACT MODIFICATION FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE AQUATIC GARDENS DRAINAGE PROJECT;AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY EXECUTE A CONTRACT WITH JAX UTILITIES MANAGEMENT,INC.FOR CONSTRUCTION OF THE PROJECT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City was awarded a Hazard Mitigation Grant Program (HMGP)grant for drainage improvements in Hopkins Creek adjacent to the Aquatic Gardens neighborhood,the Aquatic Gardens Drainage Project;and WHEREAS,the cost of the project exceeded available grant ?mding and the City requested and received approval ?om the Florida Division of Emergency Management (FDEM)for a scope of work change and budget increase to $2,934,751 for the Aquatic Gardens Drainage Project HMGP grant;and WHEREAS,this HMGP grant will fund 75%of the construction cost of the Aquatic Gardens Drainage Project;and WHEREAS,the scope of work change and budget increase requires a contract modi?cation with FDEM that may take up to two months for FDEM to develop;and WHEREAS,the City advertised a request for bids for construction of the Aquatic Gardens Drainage Project and the lowest quali?ed bidder was Jax Utilities Management,Inc.with a price of $2,795,000 for the work described in Exhibit A attached hereto and made a part hereof. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to execute a contract modi?cation for the Aquatic Gardens Drainage Project HMGP grant when received from FDEM. SECTION 2.The City Commission hereby authorizes the City Manager to execute a contract with Jax Utilities Management,Inc.in the amount of $2,795,000 for construction of the Aquatic Gardens Drainage Project and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 3.This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach,Florida, 10thday of March 2025. Curtis Ford,Mayor Attest: Agenda Item #8.D. 10 Mar 2025 Page 149 of 316 Jason Gabriel,City Attorney Agenda Item #8.D. 10 Mar 2025 Page 150 of 316 Subtotal $201,547.75 Project:Aquatic Drive -Channel &Box Culvert Date:10/2/ 2024 Contractor:Jax Utilities Management Design:Jones Edmunds QWM 9?de 9m 1974 Subtotal $12,453.55 Subtotal $71,060.40 Subtotal $19,739.00 Subtotal $439,008.16 Subtotal $49,347.49 Subtotal $192,939.84 Subtotal $51,374.15 www.jaxum.com 5465 Verna Blvd |Jacksonville FL |32205 Page 1 of 5 Mobilization General Conditions NPDES NPDESFee NPDES Reporting Survey &Asbuilt Surveying As Builts Testing Density Testing Erosion Control Rip Rap Silt Fence [regular] Floating Turbidity Barrier Inlet Protection MOT Maintenance of Traffic Demolition Demolish Box Culvert Demolish Curb Demolish Asphalt Demolish Inlets 8:Manholes Demolish Pipe Clearing Clear &Haul 1.00 LS 1.00 E A1.00 LS 1.00 LS 1.00 LS 1.00 LS 1,655.00 SY 805.00 LF 90.00 LF 6.00 EA 1.00 LS 62.00 LF 135.00 LF 350.00 SY 3.00 EA 166.00 LF 1.00 LS Proposal &Schedule of Values _.°Uco43123~ Agenda Item #8.D. 10 Mar 2025 Page 151 of 316 J1 Subtotal $499,094.14 Subtotal $65,536.40 Subtotal $43,845.00 Subtotal $184,978.44 1.00 LS 1.00 LS Subtotal $19,739.00 Subtotal $218,311.30 www.jaxum.com 5465 Verna Blvd |Jacksonville FL |32205 Page 2 of 5 Subtotal $718,030.68 5,930.00 SY 2,650.00 LF 5,550.00 SY 380.00 SY 380.00 SY 380.00 SY 95.00 SY 255.00 SY 1.00 LS 135.00 LF 100.00 LF 30.00 LF 125.00 LF 1.00 LS 32.00 LF 2.00 EA 1.00 EA 3.00 EA 3.00 EA 1.00 EA 1.00 EA 2.00 EA 24.00 LF 18.00 LF 12.00 LF 72.00 LF 54.00 LF Excavation Channel 8:Pond Dewatering Channel Excavation Grading Finish Grade Dress Out Grassing Site Sod Roadway 12"LBR40 Stabilization 8"Limerock Base Prime Limerock 3"Asphalt 2.5"Asphalt Striping &Signs Concrete Curb 18"Type “A"Curb &Gutter Handrail Handrail Sheetpiling Sheetpile Wall Temporary Sheetpile Wall Storm Drain Dewatering For Storm Trench Protection For Storm Type E Inlet 4—6'Deep Type F Inlet 6-8'Deep Inverts Top Adjustments 15"MES 24"I'U"Type Endwall Box Culvert Headwall 15"RCP 24"RCP 36"RCP Box Culvert Punch Out Storm Total Price $2,795,000.00 $7,994.70Subtotal Agenda Item #8.D. 10 Mar 2025 Page 152 of 316 I u I m .. n.- .le www.jaxum.com 5465 Verna Blvd |Jacksonville FL I 32205 Page 3 of 5 The items below are expressly EXCLUDEDfrom this proposal: General 1 Allengineering,design,and associated permits needed to perform the work are provided by the Owner/GeneralContractor. 2 Payment and performance bonds are excluded. 3 Special insurances i.e.builder’s risk,pollution,terrorism,excess liability and/orumbrella are excluded. 4 Owner or general contractor shall provide a verified benchmark,and 2 horizontal control points for the work. 5 Job trailer or leased construction office is excluded. 6 Temporary utilities,meters,etc.forjob trailers or otherwise are excluded. 7 No provision has been made for an offsite lay down yard. 8 Concrete wash out areas/clean-up are excluded. NPDES &Erosion Control 9 Maintenance of and removal of the erosion control measures after completion of the work is excluded and is the responsibility of the GC or the Owner. Maintenance of Traffic Demolition 10 Demolition and coring of existing structures/buildings is excluded. 11 If removal of septic tanks and drain fields is required to be done by a licensed plumber,it will be excluded. 12 Removal or relocation of existing boats,trash,vehicles,mobile homes,and buildings is excluded. Clearing 8:Earthwork 13 If clearing debris cannot be burned on site,it must be cut or chipped an hauled off site.Cutting,chipping,and hauling 14 clearing debris off site is excluded. 15 Removal,disposal,and replacement of unsuitable materials including,but not limited to, 16 muck,marl,silt,clay,organics,peat,rock,shell,coquina,hard pan,buried debris,trash,general debris,foreign objects, 17 pollution,contaminants,hazardous materials,or any other condition is excluded. 18 Site surcharging to facilitate consolidation of unsuitable materials and associated testing is excluded. 19 Dewatering and abatement of natural springs or wells is excluded. 20 All design,dewatering,excavation,and installation of retaining walls or pipe penetrations through walls are excluded. 21 All design,dewatering,excavation,and installation of pond liners or pipe penetrations through liners are excluded. Base &Paving Curbs &Concrete Fences Guardrail &Handrail Retaining Walls Brick Pavers Agenda Item #8.D. 10 Mar 2025 Page 153 of 316 :.‘w u Utilities 22 Water &sewer capacity fees are excluded. 23 Water meters,bypass piping,meterfees,etc.are excluded. 24 Dewatering and trench protection is included for typical utility installation. 25 Special dewatering measures and engineered dewatering and trench protection plans are excluded. 26 Relocation of existing utilities including,storm drain,water,sewer,gas,CATV is excluded. 27 Light pole holding,removal,or relocation is excluded. 28 Electric service to lift stations is excluded. 29 Electric,CATV,and telephone relocations and/or adjustments are excluded. 30 Electrical and lighting conduits,sweeps,pads,and associated work is excluded. 31 Electrical installation for construction trailer is excluded. 32 Electrical,irrigation,cable,gas main,and telephone sleeves are excluded. 33 Removal,relocation,or replacement of overhead electric and poles is excluded. Landscaping &Irrigation 34 Landscaping,landscape lighting,and irrigation is excluded. Wetland Mitigation &Creation 35 All wetland mitigation &creation is excluded. Special Features 36 A”special features e.g.:[trash cans,benches,wash stations,mailboxes,grills/picnic areas,dog waste stations,dog parks, playground equipment,water fountains,play courts,bicycle racks,docks,boat ramps,water features,entry signs,monuments,etc.]are excluded. www.jaxum.com 5465 Verna Blvd l Jacksonville FL |32205 Page 4 of 5 Agenda Item #8.D. 10 Mar 2025 Page 154 of 316 Terms &Conditions Acceptance &Disputes This proposal is offered for acceptance within thirty (30)days from the date shown above.After this date,the proposal is subject to confirmation by Jax Utilities Management,Inc.Upon the execution and delivery of this document to Jax Utilities Management,Inc.,this shall constitute a legal contract.Any contract or purchase order issued to Jax Utilities Management,Inc.shall include or reference this proposal.This contract shall be governed by the laws of the State of Florida and any disputes shall be settled by mediation and arbitration in Duval County,FL. Payment Monthly progress payments shall be paid the 10th of the month for all work performed and invoiced by the 25th of the prior month unless otherwise clarified herein.Final payment shall be due upon completion of all punch lists provided for work performed by Jax Utilities Management,Inc.All payments shall be made to Jax Utilities Management,Inc.,5465 Verna Blvd.Jacksonville,FL 32205. NTO's &Liens Recorded Notice of Commencement and any project information required by Jax Utilities Management,Inc.to issue a notice to owner shall be provided by the GC or Owner prior to commencement of work.If agreed payment terms are not adhered to,Jax Utilities Management,Inc.will pursue it's legal remedies including lien rights, suspension of the work,suspension of the contract time,and demobilizaiton until payment is made. All past due payments will accrue interest at the maximum rate allowable by law together with costs for collection of any late payments including,but not limited to,attorney/s fees. Changes in the Work Any work not specifically mentioned herein shall be considered a change in the work. Any change in work or work not covered according to this proposal shall be considered a change order and subject to additional pricing and approval prior to commencement of work.Where there is a variance between the plans and specifications and this proposal,the scope of work quoted herein will supersede the plans and specifications. Time &materials /force account work will be billed and paid for separately from the work performed herein. Any force account work shall be approved by the Jax Utilities Management,Inc.prior to commencement. No retainage shall be withheld from force account work and payment is due upon completion. Delays to the Work Jax Utilities Management,Inc.is not responsible for delays of the work schedule due to strikes,acts of God, terrorism,pandemics,government mandates,labor disputes,accidents,delays caused by the Owner or Owner‘s contractors or representatives,inclement weather,or any other incidents beyond the control of Jax Utilities Management,Inc. Acceptance: Date:Date: www.jaxum.com 5465 Verna Blvd |Jacksonville FL |32205 Page 5 of 5 Thank you for the opportunity to quote this project. Jax Utilities Management,Inc. Signed:Signed: Agenda Item #8.D. 10 Mar 2025 Page 155 of 316 Page 156 of 316 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-21 Authorizing the City Manager to execute a design-build contract with ACON Construction Company for the renovation of the Marsh Oaks Community Center. SUBMITTEDBY:Steve Swarm,PE,City Engineer TODAY’S DATE:February 27,2025 MEETING DATE:March 10,2025 BACKGROUND:Public Works is seeking approval to enter into a contract with ACON Construction Company for the renovation of the Marsh Oaks Community Center at 100 West 1StStreet. The proposed renovations include architectural design services,wind mitigation activities to meet the l40-mph wind (structural roof &wall framing,replacement of roof,doors &windows)and interior & exterior renovations to the building. ACON Construction company has a design-build construction contract with the City of Jacksonville that the City has an ability to piggy-back off of.ACON Construction Company is currently completing the renovation of the lifeguard station under this contract.The guaranteed maximum price provided by ACON Construction Company for the renovation work is $719,793.13 as described in Exhibit A. The renovation project is almost entirely grant funded.The City received a Hurricane Loss Mitigation Program (HLMP)grant through the Florida Division of Emergency Management in the amount of $220,000 for wind mitigation activities.The City obtained a commitment from the City of Jacksonville for $500,000 for building renovations. Wind mitigation activities must be initiated quickly and be completed by June 13‘,2025 to meet the HLMP grant deadline.Interior and exterior renovations will occur at a slower pace and will be glided Via community input through public meetings. Separate from this request is additional funding obtained via a Community Development Block Grant in the amount of $196,751 for the demolition and replacement of the parking area and landscaping.A request for bids for this portion of the project will be advertised later this year BUDGET:$719,793.13 RECOMMENDATION:Commission to review and approve Resolution No.25-21 directing the City Manager to modify the budget to add $719,793.13 for renovation expenses associated with the Marsh Oaks Community Center and enter into a contract with ACON Construction to complete the renovations. ATTACHMENTS:Proposed Resolution No.5— Exhibit A —A t enovations REVIEWED BY CITY MANAGER: Agenda Item #8.E. 10 Mar 2025 Page 157 of 316 Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: RESOLUTION NO.25-21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DESIGN-BUILD CONTRACT WITH ACON CONSTRUCTION COMPANY FOR THE RENOVATION OF THE MARSH OAKS COMMUNITY CENTER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,The City purchased the former assisted living facility located at 100 W.1StStreet with the intention of renovating the building and creating the Marsh Oaks Community Center;and WHEREAS,signi?cant renovations are required to bring this building up to current building codes and adapt it to a community center;and WHEREAS,grant funding in the amount of $916,751 for the renovation project will available in the City’s Fiscal Year 2024-25 budget prior to contract execution;and WHEREAS,the City will be “piggy—backing”and retaining the construction services procured in the ACON Construction Company contract with the City of Jacksonville,as authorized by Section 2- 336(6),City Ordinance Code;and WHEREAS,the City desires to contract with ACON Construction Company to provide design- build services for the project,including wind mitigation activities and interior &exterior renovations at a price not to exceed $719,793.13 with the remaining budgeted funding being reserved for parking lot renovation and landscaping. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to contract with ACON Construction Company for design-build services at the Marsh Oaks Community Center at a price not to exceed $719,793.13. SECTION 2.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this resolution. SECTION 3.This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach,Florida, 10thday of March 2025. Curtis Ford,Mayor Jason Gabriel,City Attorney Agenda Item #8.E. 10 Mar 2025 Page 158 of 316 ‘-A A VAACONConstructionCo.,Inc.A v 3653RegemBouievard.Suite401'Jacksonville.Florida32224-Telephone (904)565-9060Fax(904)565-9080 AYAVAY VA Jan 30,2025 City of Atlantic Beach (COAB) 800 Seminole Road Atlantic Beach,FL 32233 Attention:Mr.Steve Swarm,P.E. City Engineer Reference:Veterans Park Building Phase 1 Upgrades and Design COJ DB Contract #71629—22 ”Piggyback” Mr.Swann, We are pleased to provide this proposal for the work on the subject project under the guidelines of the referenced contract. The scope of this project is to harden the exterior of the building at 100 W 1StStreet and to provide limited renovations to the interior of the building for use in creating a community or senior center to activate the building.Allowances are provided in most cases as design work has not yet started,but time is ofthe essence.The design portion of the work will focus on bringing the building up to code and providing for the proposed ?nal building plans.The construction work proposed will enable the building to have a wide-open floor plan to facilitate the future buildout.Allowances will be exhausted to complete as much ofthe final design as is possible.A limited contingency is also included since the contract allowable contingency of $108,000 is well outside current available budget. Our Guaranteed Maximum Price (GMP)for the project scope as stated is $719,793.13. The Guaranteed Completion Date (GCD)will be 240 days from receipt of Notice to Proceed.The building hardening will be completed by June 1“,2025,if a contract is awarded by March 1“, 2025. Breakdowns follow this letter.Please contact me if you have any questions or need further information. Sincerely, Frank Anderson Construction Manager Agenda Item #8.E. 10 Mar 2025 Page 159 of 316 Subtotal Project Management Supervision Administration Architect and MEP Design Structural Engineering Enhancement for All Framing (*Hardening Item) Structural Roof and Wall Framing Enhancement Allowance (*Hardening Item) New Asphalt Shingle Roof (*Hardening Item) Fire Sprinkler Allowance HVAC &Plumbing Allowance New Openings Allowance (*Hardening Item) Electrical Allowance Repair Exteriors Allowance (UES Report)(*Hardening Item) Interior Renovation ACON Limited Contingency Hrs Hrs Hrs Al Al Al LS Al Al LS Al Al Al LS LS 40 600 30 $110.00 $75.00 $75.00 $50,925.00 $8,000.00 $100,000.00 $44,275.00 $25,000.00 $120,000.00 $32,000.00 $82,000.00 $35,725.00 $100,000.00 $20,000.00 $50,218.13 $4,400.00 $45,000.00 $2,250.00 $50,925.00 $8,000.00 $100,000.00 $44,275.00 $25,000.00 $120,000.00 $32,000.00 $82,000.00 $35,725.00 $100,000.00 $20,000.00 $669,575.00 $50,218.13Fee F .4 7 Agenda Item #8.E. 10 Mar 2025 Page 160 of 316 reamH-m naval-LgONSTRUCTION. ESTIMATE#DAT -—--—~xbol' DESCRIPTIO QTY AMOUN 35,650.00 A Plus ConstructionSen/ices.lnc. 96150 DowlingDr Yulee,FL 32097 9046120597 chas.aplus@yahoo.com ACON ConstructionCo inc 3653 Regent Blvd8-401 Fl Jacksonville,FL 32224 1122 07/23/2324 P.0.NUMBER Atlantic Beach Veterans Park Remove existing roofing system, and dispose of the debris into dumpsters Furnishand lnstall peel and stick secondary water barrier on entire roof deck Furnish and lnstall new ArchitecturalAsphalt Shingles Furnish and lnstall all accessories for all penetrations Furnish and lnstall new continuous ridge vent system LifetimeMaterialWarranty GAF Weather Stopper System Plus Warranty 10 year Workmanship Warranty Woodwork is additional.Additional $60.00 per sheet of 15/32 CDX or 7/16 083 plywood.$6.00 per LF of dimensional lumber. GAF Timberline HDZ Asphalt Shingles -50 Year,130MPH Rated GAF Seal-A-Ridge (25’) GAF Cobra Rigid Vent 3 Exhaust Ridge Vent w/Nails -11-1/2"(4') GAF ProStart Starter Shingle Strip (120') GAF WeatherWatch Ice &Water Shield AluminumDrip Edge —.040 Aluminum-3"(10’) BulletBoot Pipe Flashing 1 1/2" Estimate ADDRES 0601529403 0001330303 Agenda Item #8.E. 10 Mar 2025 Page 161 of 316 II-I-II -.— _:.LEE:‘ I 'I--unl—n 'I?-I'l'llul— -I'E"I 'I-II I L."HIP-511w.'I-l :.-_--::_—u-- -?-Lu—nul— --I- u I I." I If Ill '_'—i—-F-u u I u.--u I. Accepted Date DESCRIPTION Bullet Boot Pipe Flashing -2" Bullet Boot Pipe Flashing -3" Bullet Gooseneck Vent with Damper —10" Roof Accessories $ Install .040 AluminumKynar500 coated Pac-Clad Fascia Metal Pac-Clad Aluminum Fascia -.040 — Kynar 500 PAC—GLADTouch Up Paint (2 oz) Fascia Labor install AluminumK style seamless gutters and downspouts K-Styie .032 Seamless Aluminum Gutters -6" D Square .032 Aluminum Downspouts -4"x5" Accepted By $44,275.00TOTAL 4,025.00 4,600.00 AMOUQT Agenda Item #8.E. 10 Mar 2025 Page 162 of 316 009.9 30 Jan 2025 Architects,Inc. Arson Construction Company,Inc.Licensc#AA0001735 3653 RegentBlvd,#401 Stephen a.Laser,ABA,LEEMAPJacksonvdie,FL 32224 10609 Old St.Augustine Rond Jacksonville.Florida 32257 Attn:David Sypniewski,President scene-3595 Re:Concept Design Services for the City of Atlantic Beach Veterans Park Building 100 West I"Street Atlantic Beach,Florida Subject:Professional Fee Proposal David: VRL Architectsproposes to conceptualizea re-purposing of this existing building from a mid?eresidentialFacility to a community (Senior)center.We anticipatethe community center will include a large gathering hall,a warming kitchen,a few of?ces,chair &table storage and group restrooms.The functionalprogram will be con?rmed through meetings with the of?cials from the City of Atlantic Beach. VRL Architectswill prepare SchematicFloor Plans and building elevations based on approval from the City of Atlantic Beach.VRL Scope of Work will include two design meetings with the City of AtlanticBeach.VRL will follow up with Permit Documents to implement the Concept Drawings within the Contractor’s described budget of $720,000 includingconsultingdesignfees. Construction Administration will include reviewing Contractor’s submittalsas needed and site visits at the request of the Contractor and Owner. Mechanical,Electricaland Plumbing engineering will be provided by M.V.Cummings Engineers,Inc.the MEP Scope of Work to be as follows: Provide MEP &FA Design Services to Renovate Approximately4,5003fof ExistingBuilding. Revise ElectricalInterior Services as needed.Combine.Reuse as is or provide new service. a ReviseElectricalPower and Lighting to match new ?oor plan. 0 Provide Demolition Plans for MEP disciplinesper new Floor Plan. a Upgrade HVAC units and Revise ductwork to match new usage.Provide new HVAC units if required. Provide new sanitary and domestic water for Restrooms and Warming Kitchen. No Commercial Kitchen Hood Design Included in this scope. Provide Fire Alarm for Assembly area and surrounding areas as requiredby FBC. No Fire Sprinkler System Design to be provided Not Included. Agenda Item #8.E. 10 Mar 2025 Page 163 of 316 cl 0 Use existing Sanitary and Water Line service to Facility. 0 No Irrigation system to be provided. 9 Provide Energy Calculation &Forms for Permitting Purposes. 0 Shop Drawing Review is to be provided. a No Scheduled Construction Inspectionsto be provided. 0 Provide one MEP Substantial inspection,others are upon request on an Hourly Rate -(See Attachment B)or sum Quotedbasis with Pre-Approval. a As-Builts Finai Drawing update from contractors’mark-ups. o No Book Speci?cations,Specs to be on Plans. e No Photo Metrics Design nor printout to be provided. 6 No Parking Lot Lighting (New or Upgraded). Structural Engineering will be provided by Atlantic Engineering Services.The structural design will address the sustained design wind speed of 140 mph. The design team will coordinate with ACON Construction to con?rm materials and constructability as required. Compensation for the above outlined services will be as follows: Structural engineering (AE8)$8,000.00 MEP engineering (MV C)$17,925.00 Architectural Design and Project Management (VRL)$33 000.00 Total Lump sum Fee:$58,925.00 Additional Services will be invoiced in accordance with the following hourly rate schedule Title Hourly Rate PrincipalArchitect $250 Principal Engineer $300 Engineer $200 Production Chief $150 Designer Engineer $150 Construction Reviewer S190 CADD Technician $110 Clerical Engineer 3 $1 10 We are able to begin our work at this time.A signature below will constitute acceptance of this proposal. Sincerely, V]‘,Inc. Stephen F.Lzr 'u‘AIA,LEED AP Accepted for ACON Construction Company,Inc. J:\2407 City of Atlantic Beach VctcrzmsPark\AA\l.l 0wner\Agrccmcnls\29Jan 2025 Atlantic Beach Florida l’roposal. Agenda Item #8.E. 10 Mar 2025 Page 164 of 316 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-22 authorizing the City Manager to execute task orders with Hanson Professional Services to complete design of the Cutlass Drive box culvert expansion and ditch widening project. SUBMITTED BY:Steve Swann,PE,City Engineer TODAY’S DATE:February 27,2025 MEETING DATE:March 10,2025 BACKGROUND:As part of overall drainage improvements in the Hopkins Creek drainage ditch adjacent to the Aquatic Gardens neighborhood,Public Works intends to expand the box culvert at Cutlass Drive to improve hydraulic performance of the Hopkins Creek drainage ditch.As part of this project,the Hopkins Creek drainage ditch between Cutlass Drive and the Aquatic Gardens pond will be widened to provide additional storrnwater runoff storage capacity. Hanson Professional Services completed a feasibility study and 30%design of the improvements in 2024. To ?nalize the design and prepare this project for advertisement for bids,the City requested proposals from Hanson Professional Services for 100%design services.Hanson Professional Services submitted two proposals for this work,one for the culvert design and one for the ditch widening design,in the amount of $34,502 and $49,525,respectively.The proposals are attached as Exhibits A &B. The City will be reimbursed for 90%of the cost the design services for the culvert expansion Via a Hazard Mitigation Grant Program grant.90%of the construction costs will also be covered under this grant.The design services required for the ditch expansion are not reimbursable under this grant but the cost of construction will be covered 100%under a State Appropriation for $1,000,000. Staff recommends that the City Commission authorize the City Manager to execute contracts with Hanson Professional Services to complete the design of both the Cutlass Drive box culvert expansion and the Hopkins Creek ditch widening projects. BUDGET:$84,027 RECOMMENDATION:Commission review and approve Resolution No.25-22 ATTACHMENTS:Proposed Resolution No.25—22 Exhibit A —Proposal for Cutlass Drive box culvert ?nal design Exhibit B Proposal for Ho kins Creek ditch widening ?nal design REVIEWED BY CITY MANAGER: Agenda Item #8.F. 10 Mar 2025 Page 165 of 316 Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: RESOLUTION N 0.25-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDERS WITH HANSON PROFESSIONAL SERVICES TO COMPLETE DESIGN OF THE CUTLASS DRIVE BOX CULVERT EXPANSION AND DITCH WIDENING PROJECT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,as part of overall drainage improvements in the Hopkins Creek drainage ditch adjacent to the Aquatic Gardens neighborhood,Public Works intends to expand the box culvert at Cutlass Drive to improve hydraulic performance of the Hopkins Creek drainage ditch and widen the drainage ditch between Cutlass Drive and the Aquatic Gardens pond;and WHEREAS,Hanson Professional Services,a professional services provider contracted with the City to provide continuing engineering services,has completed a feasibility study and 30%design of the proposed improvements;and WHEREAS,the City will be reimbursed for 90%of the design cost and 90%of the eventual construction cost of the culvert expansion via a Hazard Mitigation Grant Program grant and 100%of the eventual construction cost of the ditch expansion not to exceed $1,000,000 via a state appropriation;and WHEREAS,Hanson Professional Services submitted proposals for the ?nal design work required for the culvert expansion and for the ditch widening,in the amounts of $34,502 and $49,525,respectively; and WHEREAS,funding in the amount of $84,027 for the ?nal design work will be available in the City’s Fiscal Year 2024-25 budget prior to task order execution. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to execute task orders with Hanson Professional Services for ?nal design work for both the culvert design and the ditch widening design in the amounts $34,502 and $49,525,respectively,and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 2.This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach,Florida, 10thday of March 2025. Curtis Ford,Mayor Jason Gabriel,City Attorney Agenda Item #8.F. 10 Mar 2025 Page 166 of 316 A50 January 10,2025 Mr.Steve Swann,PE City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Re:Cutlass Drive Drainage Improvements (Culvert Final Design Phase) Subject:Scope &Fee Proposal Dear Mr.Swann: Hanson Professional Services (Consultant)is pleased to present our scope of services and fee proposal for this project.This scope of work is to provide professional engineering services for drainage improvements in the Cutlass Drive area of Atlantic Beach. General Objective The general objective of this scope is to provide a ?nal design along with an opinion of probable construction cost to add an additional box culvert or drainage pipe under Cutlass Drive as outlined in the Cutlass Drive Drainage Improvements Memorandum dated November 20,2024 Project Description The improvements under this project will be limited to the area to be disturbed to construct the new box culvert/drainage pipe.The scope presented here is based on utilizing a box culvert/drainage pipe for the additional barrel (per the latest FDOT Standard Plans)and structural design for details to remove a portion of the existing headwall and construction of the new headwall after the construction of the additional box culvert/drainage pipe.No roadway or pedestrian improvements will be designed such as curb and gutter or sidewalk.The handrail on top of the existing upstream headwall will be modi?ed or replaced as needed.The roadway and sidewalk design will be limited to reconstruction to existing condition based on estimated limits of impact required to construct the additional box culvert/drainage pipe. Scope of Services The Scope of Services for this project involves the following tasks: Phase I —Design and Permitting Drainage Design I Plans Production Design phase services will include the preparation of 100%and ?nal construction plans for the drainage improvements. (a)Drainage Design/Analysis.The Consultant will perform modeling of a pipe option that would provide similar results as the proposed 4-foot by 6-foot box culvert.The 1of3 Agenda Item #8.F. 10 Mar 2025 Page 167 of 316 H a "H I I I 'V. I m. I I :“.. .II I... —E . I ‘I .. II . I I .I I I _ I I I I. l -II.I I ‘I _ :..II I n . -..II III..I I.I..II .I I. I ..__ III .I ._.. II II: 1.III "I a _I .II . = o.I,-I... v ' I ,. 'rol r I I I I V: V“ k I -' - I II..-.I .I II I II f __ II I I I I ..— results of this analysis will be used to compare the opinion of probable constructioncostsforeachtoidentifythecost-effective option,box culvert or pipe,to be used inthe?nal construction plans.The consultant will also produce the required documentation required in the HGMP grant that demonstrates an improvement inthehydraulicperformancefortheproposedhydrauliccondition. (b)Structural Design/Analysis.The Consultant will perform structural calculations anddevelopdetailsnecessaryfortheproposedboxculvertandheadwalls/wingwalls. (0)Plans.This effort will include ?nalizing plan sheets suf?cient for construction of theproposedimprovements.The index of drawings for the plan set will generallyinclude,but not necessarily be limited to the following: Key Sheet General Notes Roadway/Drainage Plan Structural Details Traf?c Control Plan/Notes Erosion &Sedimentation Control Notes/Details 7”?” 53097?’ Where applicable,informationmay be combined on drawing sheets. Geotechnical Services Geotechnical services to support the culvert design are included as part of this scope ofservices.See attached scope and fee from CSI for more details. Environmental Services The proposed improvements do not require any environmental services such as wetland?agging thus these services are not included as part of this scope. Utility Services The Consultant will contact the utility owners within the project limits and submitpreliminaryplanstocon?rm existing facilities and identify utility impacts anticipated bytheproposedimprovements.The Consultant will submit ?nal plans to con?rm/documentexistingfacilitycon?icts and address relocation requirements.Coordination of any potential adjustments will be completed.The effort to design utility adjustments is notincludedaspartofthisscopeandifrequestedbytheeffectedUAOshallbenegotiatedunderaseparatescopeofservices. Permitting Requirements The proposed improvements are expected to qualify for a SJRWMD General Permit.The Consultant will coordinate with SJRWMD and submit the General Permit Application.The Consultant will coordinate a pre-application meeting to con?rm thepermittingapproachearlyintheproject.The City Engineer will handle acquiring theUSACENationwidepermitandtheConsultantwillassistwithexhibits. Project Submittal Requirements 100%Design Plans:A PDF of half—sized(11”x 17")drawings will be furnished to theCityforreviewandcomment.Design documentation with calculations and an opinion ofprobablecostwillbeprovidedalongwiththedesignplans.The plans will be reviewed bytheCityandwrittencommentswillbeprovided.The City will provide written review comments within two (2)weeks from submittal. Final Signed and Sealed Design Plans:A PDF of digitally signed and sealed half-sized(11”x 17”)drawings will be furnished to the City for review and comment.Design 20f3 Agenda Item #8.F. 10 Mar 2025 Page 168 of 316 I I II I qI )- documentation with calculations and an opinion of probable cost will be provided along with the design plans.Draft Bid Documents and Project Speci?cations using City standard format will be included in this submittal.The plans will be reviewed by the City and written comments will be provided.The City will provide written review comments within two (2)weeks from submittal.Agreed upon revisions will be made and revised signed and sealed plans,Bid Documents,and Speci?cations will be issued. Subsurface Utility Engineering Based on previous data collection and utility coordination the only utility in con?ict with the proposed improvements is a water line running east-west along the southern side of Cutlass Drive crossing the existing box culvert.V\?th this being a City owned utility the Consultant will coordinate with the City for any test holes needing to be performed by the City to determine the location of the existing water line to coordinate how this water line will be handled during the construction of the new box culvert/drainage pipe. Meetings Consultant will schedule 100%plan review meeting to discuss review comments and relay any design information necessary to convey the intent of the plans. Consultant will conduct a pre-application meeting with SJRWMD staff to discuss applicable permitting/use of a general permit. Time Schedule Within ten (10)days after Notice to Proceed (NTP),Consultant will update the schedule provided with actual dates based on the NTP date.The schedule will follow the outline below Receive NTP Data Collection/Geotechnical Report Within 30 days after NTP Submit 100%Plans 60 days after completion of Geotechnical Report 100%Plans Review Comments (City)14 days after 100%Plans Submittal 100%Plans Review Meeting Within 10 days after receipt of City Comments Submit Final Bid Documents 21 days after 100%Plans Review Meeting Phase II —Construction Administration If Phase ll is authorized by the City,the speci?c construction administration services to be provided by the Consultant during the period of construction will be negotiated under a separate contract/scope of services. Fee Consultant will complete the scope of services described herein for a total lump sum amount of $34,502.00,as detailed in Exhibit A. 3of3 Agenda Item #8.F. 10 Mar 2025 Page 169 of 316 $34,502.00 TOTAL REIMBURSABLECOSTS PART IV -SUMMAR YTOTALAMOUNTOFCONTRACT(Lump Sum plus Reimbursables) (Items 5,6.8.9,10,11) EXHIBITA CONTRACTFEE SUMMARY CUTLASS DRIVE DRAINAGEIMPROVEMENTS PART I -GENERAL 1.Project Phase 2.Proposal Number Final Desi n Phase Culvert NA 3.Consultant Name 4.Date of Proposal Hanson Professional Services 1/10/2025 PART II -LABOR RELATEDCOSTS 5.Direct Labor Hourly Estimated Estimated Rate Hours Cost TOTALS Sr.Pro'ect Manager $84.00 0 $- Sr.Engineer $72.00 0 $- Engineer 5 45.00 0 $ Sr.Desi ner $54.00 0 $ Desi ner $36.00 0 $- Clerical $28.00 0 $ Total Direct Labor 0 $- 6.Overhead (Combined Fringe Benefit &Administrative) Overhead Rate 150%x Total Direct Labor $ 7.Subtotal:Labor +Overhead Items 5 &6 $ 8.Profit:Labor Related Costs Item 7 x 10%$ PART ill -OTHER COSTS 9.Miscellaneous Direct Costs MISCELLANEOUSDIRECT COSTS SUBTOTAL 10.SubcontractslMiscelIaneous Other (Lum Sum) CSIGEO (Geotechnical)$10,070.00 CSI (Structural Design)$24,432.00 SUBCONTRACTS/MISCELLANEOUSOTHER LUMP SUM SUBTOTAL $34,502.00 TOTAL LUMP SUM AMOUNT Items 5,6,8,9,and 10 $34,502.00 11.Reimbursable Costs Limitin Amount $0.00 Agenda Item #8.F. 10 Mar 2025 Page 170 of 316 CSI Civil Services,Inc. Consulting Engineers January 8,2025 Mr.Brian McKee,P.E. Hanson Professional Services Inc. 8075 Gate Parkway West Suite 204 Jacksonville,FL 32216 Re:Cutlass Drive Box Culvert Miscellaneous Structures Design Jacksonville,Florida BRIDGE °ROADWAY 0 CIVIL -WATER RESOURCES Jacksonville -Atlanta -Wes't Palm Beach -Augusta Page 1 of l 4601 Touchton Road |Building 300,Suite 3150 .JacksonviIle,FL 32246 -(904)641-1884 .Fax 645-0057 email:csi@civi|servicesinc.com .internet:www.civilservicesinc.com Dear Mr.McKee: Civil Services,Inc.(CSI)is pleased to present this structural design proposal and fee estimate for the subject project.We understand the project consists of the design of a single cell box culvert and headwalls at Cutlass Drive.We understand our task on this project includes the following: 0 Design of single cell box culvert (4'x 6']. 0 Design of box culvert headwalls and wingwalls as required All design criteria shall be based on the latest editions of the FDOT Structures Design Guidelines, FDOT Design Manual,and the AASHTO LRFDSpeci?cations for Structural Supports for Highway Signs,Luminaires and Traf?c Signals. Our fee to provide the structural design services on this project is $24,432.00. If you have any questions or concerns,please do not hesitate to contact us.We appreciate your selection of CS]for these services and look forward to serving as your structural consultant on this project. Sincerely, CIVIL SERVICES,IN C. Christop er E.Morse,P.E. President m:\proposals\2025 proposal sub\wj\cmlass dr culven_hanson\cutlass dr_2025-0]-08.docx Agenda Item #8.F. 10 Mar 2025 Page 171 of 316 DIRE 220 CONTRACI'FEE SUMMARY FOR ENGINEERINGDIVISION CITY OF JACKSONVILLE,FLORIDA PART I -GENERAL 1.Project 2.Proposal Number Cutlass Drive Box Culvert Design NA 3.Name of Consultant 4.Date of Proposal Civil Services Inc.1 8 2025 5.Direct Labor Hourly Estimated Rate Hours Estimated Cost Principal $216.33 Project Manager $195.00 Sr.Engineer $180.00 Design Engineer $96.00 Designer $78.00 Clerical $75.00 TOTA L MISCELLANEOUSDIRECTCOSTS SUB-TOTAL 0.0010.SUBCONTRACTS(Lump Sum) SUB-CONTRACTSUB-TOTAL 0.00TOTALLUMPSUMAMOUNTItems5689and1024432.0011.REIMBURSABLECOSTS (Limiting Amount) 000 48 80 84 OOCOOOO TOTAL CT LABO 6.Overhead (Combined Fringe Bene?t &Administrative) 7.SUBTOTAL:Labor +Overhead Items 5 8L 6 Hour $0.00 $1,560.00 $8,640.00 $7,680.00 $5,552.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 42. 0.00 24 432.00 $555 SS $555 TOTAL AMOUNT OF CONTRACT(Lump Sum Plus Reimbursables)$24,432.00 0.00 0.00 0.00 0.00 9.Miscellaneous Direct Costs Agenda Item #8.F. 10 Mar 2025 Page 172 of 316 CSIG'eo Geotechnical -CMT -CEI GEOTECHNICAL SCOPE OF WORK Cutlass Drive Box Culvert City of Atlantic Beach,Florida The geotechnical exploration will consist of ?eld exploratory borings,laboratory testing,and a geotechnical analysis of the collected data.Due to the limited site access,a Tripod will be used to perform the soil borings. PROPOSED GEOTECHNICAL EXPLORATION Field Ex loration -The proposed exploration for the culvert addition will consist of two (2)Standard Penetration Test (SPT)borings drilled to a depth of 30 feet each with continuous sampling.Muck probes Will be performed in the ditch in front of the box culvert.Soil samples will be classi?ed, containerized,and marked in the ?eld and returned to the laboratory for visual inspection and classi?cation by the geotechnical engineer using the Uni?ed Soil Classi?cation System (USCS). Laborato Testin -Laboratory classi?cation and index soil tests will be performed as necessary on selected soil samples obtained from the exploration.Speci?c tests to be performed are Moisture Content,Organic Content,Percent Fines,Atterberg Limits,and Environmental Corrosion testing. En ineerin /Su ort Services -A geotechnical engineer,registered in the State of Florida,will direct the geotechnical exploration and provide engineering analysis and evaluation of the site and subsurface conditions with respect to the planned construction.The results of the exploration will be presented in a report containing the following: 0 A brief discussion of the planned construction. 0 A graphical representation of the subsurface conditions encountered as well as the existing on-site conditions,such as topography,surface vegetation,encountered water tables,etc.,as they relate to the planned construction. An appendix that contains strati?ed soil boring pro?les and laboratory test data sheets. Written discussion of the subsurface conditions encountered. Evaluation of the subsurface soils and recommendations for the box culvert addition Recommendations for the required site preparation and earthwork construction. Agenda Item #8.F. 10 Mar 2025 Page 173 of 316 (SlGeo Geotechnicel(how‘s!Miami!CMT -CE!'CMT -CE! GEOTECHNICAL FEE ESTIMATE 2394 St.Johns Bluff Road,5 Suite 200 Jacksonville.Florida 32246 Geotechnical Exploration ‘6'(904)641'1993 Cutlass Drive Box Culvert City of Atlantic Beach,Florida Subtotal: Number Item Description Unit of Units Cost /Unit Field Investigation Mobilization-Tripod ea.1 ea.$1,900.00 lea. Tripod Mobilization from Hole to Hole ea.1 ea.$360.00 lea. Box Culvert Addition 2 Standard Penetration Test (SPT)Boring @ 30'ea.ft.60 0.$28.00 /?. Extra Samples ea.12 ea.$49.00 /ea. Muck Probes in the Ditch day 0.5 day $1,200.00 /day Temporary Casing ?.20 ft.$19.50 /ea. Boring Layouthtility Clearance/Dif?cult Access hr.3 hr.$124.00 lhr. Subtotal: Laboratory Testing Moisture Content ea.8 ea.$22.00 /ea. Percent Fines ea.8 ea.$54.00 /ea. Organic Content ea.4 ea.$54.00 lea. Attcrberg Limits ea.4 ea.$115.00 /ea. Environmental Corrosion Series ea.2 ea.$250.00 /ea. Subtotal: Engineering/Support Services Sr.Geotechnical Engineer hr.1 hr.$204.00 /hr. Geotechnical Engineer hr.4 hr.$164.00 lhr. Staff Geotechnical Engineer hr.8 hr.$124.00 lhr. CADD hr.4 in.$119.00 /hr. Clerical hr.1 hr.$68.00 fhr. Estimated Cost $1,900.00 $360.00 $1,680.00 $588.00 $600.00 $390.00 $372.00 $5,890.00 $176.00 $432.00 $216.00 $460.00 $500.00 $1,784.00 $204.00 $656.00 $992.00 $476.00 $68.00 $2,396.00 ESTIMATED FEE:$1 0,070.00 Agenda Item #8.F. 10 Mar 2025 Page 174 of 316 EXHIBIT B ANSO January 10,2025 Mr.Steve Swann,PE City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Subject:Scope &Fee Proposal Dear Mr.Swann: Hanson Professional Services (Consultant)is pleased to present our scope of services and fee proposal for this project.This scope of work is to provide professional engineering services for ditch improvements in the Cutlass Drive area of Atlantic Beach. General Objective The general objective of this scope is to provide a ?nal design along with an opinion of probable construction cost to increase the capacity of the ditch that runs north/south as Cutlass Drive as outlined in the Cutlass Drive Drainage Improvements Memorandum dated November 20.2024. Project Description The improvements under this project will be to increase the cross—sectional area of the existing ditch and transition it to match the proposed conditions to be constructed at the existing box culvert under Cutlass Drive.The intent will be to maximize the ditch cross section without adding any retaining walls/ditch slope hardening and leaving 10 feet of level area between the top of the eastern bank and the right-of-way to allow for maintenance and a future multi—use trail.The limits of the ditch improvement will be from Plaza to Cutlass box culvert northern headwall and from Cutlass box culvert southern headwall to just north of the Aquatic Garden pond,see Exhibit A. Scope of Services The Scope of Services for this project involves the following tasks: Phase I —Design and Permitting Drainage Design I Plans Production Design phase services will include the preparation of 100%and ?nal construction plans for the drainage improvements. (a)Drainage Design/Analysis.The Consultant will update the modeling performed for Cutlass Drive Drainage Improvements Memorandum dated November 20,2024 to 1of3 Re:Cutlass Drive North/South Ditch Improvements (Final Design Phase) Agenda Item #8.F. 10 Mar 2025 Page 175 of 316 u J x m .v r. re?ect the ?nal ditch cross section to demonstrate the expected reduction in the peak stages. (b)Plans.This effort will include ?nalizing plan sheets suf?cient for construction of the proposed improvements.The index of drawings for the plan set will generally include,but not necessarily be limited to the following: Key Sheet General Notes Typical Sections Roadway/Drainage Plan Special Details Cross Sections Erosion &Sedimentation Control Notes/Details QTWDDW? Where applicable,information may be combined on drawing sheets. Survey Services No additional survey services are required.The survey acquired for the Cutlass Drive Drainage Improvements Memorandum dated November 20,2024 and survey previously provided by the City will be used for the basis of the design. Geotechnical Services Geotechnical services to identify slope stability criteria are included as part of this scope of services.See attached scope and fee from CSI for more details. Environmental Services The proposed improvements do not require any environmental services such as wetland ?agging thus these services are not included as part of this scope. Utility Services The Consultant will contact the utility owners within the project limits and submit preliminary plans to con?rm existing facilities and identify utility impacts anticipated by the proposed improvements.The Consultant will submit ?nal plans to con?rm/document existing facility con?icts and address relocation requirements.Coordination of any potential adjustments will be completed.The effort to design utility adjustments is not included as part of this scope and if requested by the effected UAO shall be negotiated under a separate scope of services. Permitting Requirements The proposed improvements are expected to qualify for a SJRWMD General Permit. The Consultant will coordinate with SJRWMD and submit the General Permit Application.The Consultant will coordinate a pre-application meeting to con?rm the permitting approach early in the project.The City Engineer will handle acquiring the USACE Nationwide permit and the Consultant willassist with exhibits.The City willbe responsible for paying permit agency directly or reimburse Consultant for payment once invoice is generated by permitting agency and amount is known.Reimbursement of Consultant paying application fees is not included in the fee included with this scope. Project Submittal Requirements 100%Design Plans:A PDF of half-sized (11"x 17”)drawings will be furnished to the City for review and comment.Design documentation with calculations and an opinion of probable cost willbe provided along with the design plans.The plans will be reviewed by 20f3 Agenda Item #8.F. 10 Mar 2025 Page 176 of 316 II..II .I I I» I. -II I I I. I I _ I II |I ‘ A I I I. a ~V the City and written comments will be provided.The City will provide written review comments within two (2)weeks from submittal. Final Signed and Sealed Design Plans:A PDF of digitally signed and sealed half-sized (11”x 17”)drawings will be furnished to the City for review and comment.Design documentation with.calculations and an opinion of probable cost will be provided along with the design plans.Draft Bid Documentsand Project Speci?cations using City , standard format will be included in this submittal.The plans will be reviewed by the City and written comments will be provided.The City will provide written review comments within two (2)weeks from submittal.Agreed upon revisions will be made and revised signed and sealed plans,Bid Documents,and Speci?cations will be issued. Subsurface Utility Engineering Based on previous data collection and utility coordination no signi?cant impacts to utilities is expected.If through the additional coordination under this scope it is determined additional subsurface utility engineering is needed it will be negotiated at that time and will be addressed with an amendment to this scope of services. Meetings Consultant will schedule 100%plan review meeting to discuss review comments and relay any design information necessary to convey the intent of the plans. Consultant will conduct a pre-application meeting with SJRWMD staff to discuss applicable permitting/use of a general permit. Time Schedule Within ten (10)days after Notice to Proceed (NTP),Consultant will update the schedule provided with actual dates based on the NTP date.The schedule will follow the outline below. Receive NTP Data Collection/Geotechnical Report Within 30 days after NTP Submit 100%Plans 60 days after completion of Geotechnical Report 100%Plans Review Comments (City)14 days after 100%Plans Submittal 100%Plans Review Meeting Within 10 days after receipt of City Comments Submit Final Bid Documents 21 days after 100%Plans Review Meeting Phase II —Construction Administration lf Phase II is authorized by the City,the speci?c construction administration services to be provided by the Consultant during the period of construction will be negotiated under a separate contract/scope of services. Fee Consultant will complete the scope of services described herein for a total lump sum amount of $49,525.09,as detailed in Exhibit B. 3of3 Agenda Item #8.F. 10 Mar 2025 Page 177 of 316 ‘Jm53: a»... .22...., p. :13 ~.322:2232.8 I5E...33anu>55§z¥u>_.=:mLE~SK/S ~32n~z€a¢~éaYKNNNDCNQ.02tutu h EQEWM Mass magma435.3:uz—hmkkm tux—id as bx?Qmmnlbmn ll_\|J~ kxw>qbu ROM uz~hm~km 2°~tnzhh>su k0 MEI: ”El?n—u £01 .3. 5:1r mkzthADtltx mugétk? $53 hhoikzh 1-3; EOE 3."....a n;-..o...5.5: hzgsw: x205mm :6th 1/ Qzaczm .2 “(E—bx: u2~n~xm ¢p\\I I 5.8 \(llll! \WE QOM .322in u<n=ONmk<zk cumOmozn .2 DZEEDKG Q26.uz—z?mqu QtKDith m. n.m.in:in aNI-I'M/u _-.A maouwmE... 595 Eme>oEE_ :25 B thj Qxim 32:12:. 'D'V'!'tDD’EZ'SlUIQ 57m:um GENES 0W LEWIS A77VJJOID 37!!QUINN—7313 5H1 SI Hills 5"“.J0 queasy 77131110 5!“Agenda Item #8.F.10 Mar 2025 Page 178 of 316 MISCELLANEOUSDIRECT COSTS SUBTOTAL 10.SubcontractslMiscellaneous Other (Lump Sum) CSIGEO (Geotechnical)$8,186.00 EXHIBITB CONTRACT FEE SUMMARY CUTLASS DRIVE DRAINAGE IMPROVEMENTS PART I -GENERAL 1.Project Phase 2.Proposal Number Final Desi n Phase Ditch NA 3.Consultant Name 4.Date of Proposal Hanson Professional Services 1/10/2025 PART II -LABOR RELATED COSTS 5.Direct Labor Hourly Estimated Estimated Rate Hours Cost Sr.Project Manager $84.00 78 $6,520.42 Sr.En ineer $72.00 53 $3,839.62 Engineer $45.00 0 $- Sr.Designer $54.00 0 $- Designer $36.00 129 $4,644.00 Clerical $28.00 0 $- Total Direct Labor 260 6.Overhead (Combined Fringe Benefit &Administrative) Overhead Rate 150%x Total Direct Labor 7.Subtotal:Labor +Overhead Items 5 8.6 $37,510.08 8.Profit:Labor Related Costs Item 7 x 10% PART III -OTHER COSTS 9.Miscellaneous Direct Costs $ $ $ TOTALS 15,004.03 22,506.05 3,751.01 $49,525.09 TOTAL RElMBURSABLE COSTS PART IV -SUMMAR YTOTALAMOUNTOFCONTRACT(Lump Sum plus Reimbursables) (Items 5.6,8,9,10,11) SUBCONTRACTS/MISCELLANEOUSOTHER LUMP SUM SUBTOTAL $8,186.00 TOTAL LUMP SUM AMOUNT Items 5,6,8,9,and 10 $49,525.09 11.Reimbursable Costs (Limiting Amount) $78.00 Agenda Item #8.F. 10 Mar 2025 Page 179 of 316 ”33%. 8.39.2. mr?no? ww?wwd oo.m¢o.w EEU< >m .500 >¢<._<w own DUN $0.. on vm £2.52 >m mm:0I ..<._.O._. .ao3.33.amu..aa8.3%...uan. .ao86mewvs.aooodwu...amm -aooodmuwom .500$50....500mmao... moms“ES—h1093"ES; and"w"mks.8.3u"mks. .355.25.me anon.wcmanu_.m:u<.0£52 mk2m2m>omn=>=m0<z.<mn_mZZn—mmSPDO .aoa¢363....an...«16men2no.wa«$4355»mmNvdumi»an -mc.woo?vmm;aE86mmwE. -mo.aomm.Ro.~ammR.anan ama-wooodmuwvoodvodacm .500$50....500$50:.5009.30:.500mmzo...moms"Rammam:"EKGmoms“REMmeg".u.<...m 3.3aumks.3.3auPER85.uuES.8.3numks. 3:93....cm.oosmcm.3595.._m.5355.«039....5 63.inc...oom._."IPUZWJ.how-dunmNONB5.Ma.63.05.5.5 "Ohawn..."50¢“.<2 "”512POWBKLmmu_>..wm_mco_wm20.&CDmEmI 20....<m<n.mmn.mzjn..22.". mm".Dz<hMOmumv.10;".0m...<.2_...wm ...z<._....DwzooNEE... mn.<._.o._.bouncy—n. mcmr.wamc??-Nxmm... £32...wmmc??.F xmm... mxmmh.m._m:m0 w..cwEmwmcmE«8.2.... >..._>....0< NERD .w5<z mOk<Sme uxmmEDz mum ....z<.—.n.=m200 Agenda Item #8.F.10 Mar 2025 Page 180 of 316 thmEm>Omn=>= w0<Z_<mDm>_m_n_mwSHDO ”ms—<2hom?omn— mNONBEP mm.0362?rm monmw.mco?w?em:8ch >m<s=>5mEDOI"Each ”m-_<._.O._. 288. 95:.32:95 .Ngum... £30... £3.22.mam—:20.P xmmh £50... 3mm...629.1 .95ch mxw<._. 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E2803 onO E23202 ”ES“.623. com Eousoi o maow o 9.:mam.umoo 0 £35 =38. o memowmoon.cm?mo o wcmE ?g“. o 26E $03 0 memE$8 o $58 9:32 23?. 9.:2.5 $318 wm:_._mam:cacozuoamm o 33 o 0 3mm 0 20:510meEm: mNONB2—.”m._.<o mm533.2525 ”ms—<2m0h<s=hwm m._.Zm=>_m_>Omn=>__w0<z_<mom>_mommSHDOum==<zFUNSOw—n.wwo_>..wwEcwaQoicomch "ms—<2hz<._..=.._mzoo .500Pom—En—mDOmz<._._m_om=2 6mm.3.8 ©352.8 $55 xomco £55 xomco mEtaxomzu w._.zw_>=>_OO Agenda Item #8.F.10 Mar 2025 Page 185 of 316 CSIGeoGectechnical'CMT -CEI GEOTECHNICAL SCOPE OF WORK Cutlass Drive Ditch Embankment Slope Evaluation City of Atlantic Beach,Florida The geotechnical exploration will consist of ?eld exploratory borings,laboratory testing,and a geotechnical analysis of the collected data.Due to the limited site access,a Tripod will be used to perform the soil borings. PROPOSED GEOTECHNICAL EXPLORATION Field Ex loration -The proposed exploration for the ditch embankment will consist of four (4)SPT borings drilled to a depth of 15 feet each.Muck probes will be performed in the ditch.Soil samples will be classi?ed,containerized,and marked in the ?eld and returned to the laboratory for visual inspection and classi?cation by the geotechnical engineer using the Uni?ed Soil Classi?cation Systems (USCS). Laborato Testin -Laboratory classi?cation and index soil tests will be performed as necessary on selected soil samples obtained from the exploration.Speci?c tests to be performed are Moisture Content,Organic Content,Percent Fines,and Atterberg Limits. En ineerin /Su ort Services -A geotechnical engineer,registered in the State of Florida,will direct the geotechnical exploration and provide engineering analysis and evaluation of the site and subsurface conditions with respect to the planned construction.The results of the exploration will be presented in a report containing the following: 0 A brief discussion of the planned construction. 0 A graphical representation of the subsurface conditions encountered as well as the existing on-site conditions,such as topography,surface vegetation,encountered water tables,etc.,as they relate to the planned construction. An appendix that contains strati?ed soil boring pro?les and laboratory test data sheets. Written discussion of the subsurface conditions encountered. Recommendations for the required site preparation and earthwork construction. Preliminary evaluation of the ditch embankment slopes and,if necessary,provide suggested alternatives for stabilization.If a stabilization alternative is selected,detailed slope analysis and design recommendations will be provided under a supplemental agreement. Agenda Item #8.F. 10 Mar 2025 Page 186 of 316 (SIG-e.2394 St.Johns BluffRoad,8 Suite 200 Jacksonville.Florida 32246 tel (904)641-1993 Laboratory Testing Moisture Content Percent Fines Organic Content Atterberg Limits Subtotal: Engineering/Support Services Sr.Geotechnical Engineer Geotechnical Engineer Staff Geotechnical Engineer CADD Clerical ESTIMATED FEE: GEOTECHNICAL FEE ESTIMATE Geotechnical Exploration Geotechnical .GMT -CE'Cutlass Drive Ditch Embankment Slope Evaluation City of Atlantic Beach,Florida Number Item Description Unit of Units Cost /Unit Field Investigation Mobilization-Tripod ea.1 ea.$1,900.00 /ea. Tripod Mobilization from Hole to Hole ea.3 ea.$360.00 /ea. Ditch Embankment 4 SPT Boring @ 15'ea.?.60 ?.$28.00 /ea. Muck Probes in the Ditch day 0.25 day $1,200.00 /day Temporary Casing ?.10 Pr.$19.50 /ea. Boring Layout/Utility Clearance/Dif?cult Access hr.2 hr.$124.00 fhr. Subtotal: ea.6 ea.$22.00 /ea. ea.6 ea.$54.00 /ea. ea.2 ea.$54.00 /ea. ea.2 ea.$115.00 /ea. hr.1 hr.$204.00 /hr. hr.3 hr.$164.00 /hr. hr.7 hr $124.00 /hr. hr.3 hr.$119.00 /hr. hr.1 hr.$68.00 /hr. Estimated Cost $1,900.00 $1,080.00 $1,680.00 $300.00 $195.00 $248.00 $5,403.00 $132.00 $324.00 $108.00 $230.00 $794.00 $204.00 $492.00 $868.00 $357.00 $68.00 $1,989.00 $8,186.00 Subtotal: Agenda Item #8.F. 10 Mar 2025 Page 187 of 316 Page 188 of 316 Agenda Item #9.A. 10 Mar 2025 Page 189 of 316 Agenda Item #9.A. 10 Mar 2025 Page 190 of 316 Agenda Item #9.A. 10 Mar 2025 Page 191 of 316 Agenda Item #9.A. 10 Mar 2025 Page 192 of 316 Agenda Item #9.A. 10 Mar 2025 Page 193 of 316 Agenda Item #9.A. 10 Mar 2025 Page 194 of 316 Agenda Item #9.A. 10 Mar 2025 Page 195 of 316 Agenda Item #9.A. 10 Mar 2025 Page 196 of 316 Agenda Item #9.A. 10 Mar 2025 Page 197 of 316 Agenda Item #9.A. 10 Mar 2025 Page 198 of 316 Agenda Item #9.A. 10 Mar 2025 Page 199 of 316 Agenda Item #9.A. 10 Mar 2025 Page 200 of 316 Agenda Item #9.B. 10 Mar 2025 Page 201 of 316 Agenda Item #9.B. 10 Mar 2025 Page 202 of 316 Agenda Item #9.B. 10 Mar 2025 Page 203 of 316 Agenda Item #9.B. 10 Mar 2025 Page 204 of 316 Agenda Item 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