To:                   Mayor Allen Green

Vice Mayor Mary Martin

Councilman Dennis Kennedy

Councilman Robert Pohlmann

Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:         Agenda Commentary for Regular City Council Meeting of

                        February 24, 2009


Date:               February 18, 2009



The Town Center CRA will be meeting before the Regular City Council Meeting.  The purpose of the meeting is to review the Riverwalk Park Plan that has been developed by Gladding Jackson.  The meeting is scheduled to begin at 5:30 p.m.


A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 CITIZEN PARTICIPATION (Agenda)


Item 4 -           Request from Susan MacKenzi and Andrew Kidd Regarding Lakeside Jazz Fest


The Lakeside Jazz Festival has requested the City of Port Orange waive the fees associated with the Lakeside Pavilion.  It is my understanding that they desire to use the funds that would normally be paid to assist in providing an additional concert with the Marine Band.


C.                CITIZEN PARTICIPATION (No-Agenda – 15 Minutes)

D.                CONSENT AGENDA


Item 5 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.


Item 6 -           River Oaks Stormwater Improvements – Quentin L. Hampton Associates, Inc.


Quentin L. Hampton Associates, Inc., submitted a proposal for engineering fees associated with the preliminary work on the River Oaks stormwater improvements project.  As you will see on the attached proposal, total cost of preliminary work is $56,220. This includes investigation work (analyze/development various scenarios for improvements), engineering design, permits, surveys, biological, and geotechnical consulting fees.  This does not include engineering fees associated with the bidding and construction phase.  Funds are available in Account No. 41518005416397, Project No. DIP043.  Staff recommends approval to have Quentin L. Hampton Associates, Inc., proceed with the preliminary design work for the River Oaks stormwater improvements for a total cost not to exceed $56,220.


Item 7 -           City Cost Participation – Change Order No. 1 to the Rains Drive Sewer Cost Participation Project in the Town of Ponce Inlet to Extend Gravity Sewer System within the Lighthouse Shores Area


This is a change order submitted at the request of the Town of Ponce Inlet staff to cost participate with them on a Capital Improvement Project within the Lighthouse Shores area in conjunction with their upcoming potable water system improvement project.  They are requesting our concurrence to cost participate with them on the cost of installing the sanitary sewer system portion and our pro-rata share of restoration costs.  Approximately 35 existing single family homes will be provided with sanitary sewer service with this project.  J.D. Weber Construction is the general contractor for the Rains Drive sewer project and has agreed to this conceptual proposed change order which commissions them to extend gravity sewer within the Lighthouse Shores area, vicinity map additionally attached.  By cost participating with this project, both municipalities will take advantage in sharing the restoration costs, which are quite expensive in a developed area such as this. 


The City’s Engineering Consultant, Quentin Hampton and Assoc., completed a conceptual design and has submitted the conceptual cost estimate for our share of the costs, attached.  This cost estimate is based on unit prices from the Rains Drive Sewer Extension project.  We have evaluated this engineering cost estimate and found the estimate to be fair and reasonable and in-line with current industry pricing within our area. 


The $4,500.00 sewer connection fee per residential unit is based on construction cost (excluding engineering and inspection fees) divided by 35 sewer services to be installed.  The City will recuperate these fees via the Town of Ponce Inlet existing sewer ordinance.  The Town requires mandatory sewer connection within one (1) year of notice of sewer availability.  Funds are currently available in City Cost Participation Project, #UCP001.  


Staff recommends that Council approve change order #1 to the Rains Drive Sewer cost participation project in an amount of $178,361.00 for the construction, construction management, and utility inspection for the Lighthouse Shores sewer system extension, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary; and establish the sewer connection fee of $4,500.00 per each residential lot to be served.


Item 8 -           Bid Award – Construction Services Contract for RWP Sludge Press Building Structure Update



The Reclaimed Water Plant processes approximately 1000 tons of biosolid “sludge” each month.  Meeting this demand requires daily press operations rotated through five separate presses.  The very nature of the working environment is highly corrosive.  Last year, Council authorized and staff oversaw the complete refurbishment of the five presses, which was the first phase of our sludge operations refurbishment.


The next phase is to address the significantly deteriorated condition of the existing metal roof structure that houses press operations.  The 20-year old structure has been refurbished at least twice.  This project will entirely replace the decaying metal structure and replace it with appropriate corrosion resistant materials.  Additionally, the bid includes odor control enhancements intended to help the plant to be a “good neighbor” to the surrounding community.


On February 10, 2009, six firms submitted bids and the apparent low bidder was Aagaard McNary at a cost of $349,705.11.  Subsequent evaluation of the bids conducted by the City’s Engineering Consultant, Quentin L. Hampton, found Aagaard McNary’s bid prices to be fair and consistent within current industry standards.  In addition, references for previous projects were contacted to confirm the ability of both the contractor and their subcontractors to perform the specified work.  As such, City staff has found Aagaard McNary to be the most responsive, responsible, apparent low bidder.    Funding for this project is available from account SSP002 Sewer Plant Replacement.  Therefore, we are requesting that Council award a contract to Aagard McNary in the amount of $349,705.11.     


Staff recommends that Council approve award of a contract to the firm of Aagaard McNary for Bid B09-08 RWP Sludge Press Building Structure Upgrade, in an amount of $349,705.11, and authorize the Mayor and City Manager to execute the associated contract documents.


Item 9 -           Bid Award – Trailwood Drive Swale Replacement


Staff, along with Quentin L. Hampton Associates, Inc., advertised and received 19 bids for the Trailwood Drive Swale Replacement; and a certified Bid Tabulation sheet from Quentin Hampton’s is attached for your review.  As shown, ThadCon Inc. is low bid vendor with a bid of $79,362.30.  Quentin Hampton’s has evaluated all bids and determined ThadCon’s bid is error free and that ThadCon is well qualified to perform this work as outlined in the bid package.  Funds are available in Account No. 41518005416397, Project No. DIP002.


Staff recommends that Bid No. 09-07, Trailwood Drive Swale Replacement, be awarded to low bid vendor, ThadCon Inc., for a total cost not to exceed $79,362.30.


Item 10 -        Amkus Extrication Equipment


The Department is trading in some of their old extrication equipment and accessories that cannot be upgraded or reconditioned for a credit toward this purchase.  The end result will be four new extrication units with full accessories.  This will give Port Orange an extrication tool on all first run units, ensuring each fire-rescue district has full extrication capabilities.  Monies were approved in the FY08 BER carryover for this equipment  Staff recommends that Council approve the purchase of extrication equipment from First Due Rescue, the sole source vendor for Amkus, in the amount of $49,999.


Item 11 -        The Pavilion at Port Orange Transportation Improvements Cost Allocation Agreement


Through the Development of Regional Impact (DRI) development order, certain transportation impacts and improvements were identified and are more specifically set forth in the DRI DO.  The owner/developer has placed on deposit with the City the cash funds for distribution by the City for the City, County, and FDOT proportionate share cost of the total off-site Phase I mitigation costs for the identified transportation improvement needs impacted by the Pavilion.  This agreement identifies these improvements and the amount to be allocated to roadway segments and intersections.  Staff recommends that Council approve the Transportation Improvement Cost Allocation Agreement between Port Orange Town Center, LLC; the Pavilion at Port Orange, LLC; the City of Port Orange; County of Volusia; and the Florida Department of Transportation and authorize the Mayor, City Manager, and the City Attorney to execute the agreement.


E.                 PUBLIC SAFETY


Item 12 -        Wrecker Service Bid


This item has been before City Council on two occasions.  I have conducted two protest hearings related to the bid and the recommendation on bid award.  The City Council has several options.  Those are:


1.      Waive the bid irregularities and award the bid to one of the companies.

2.      Determine that the storage facilities that Universal Towing proposes to use comply with the specifications and award the bid to Universal Towing.

3.      Determine that the equipment inspections that occurred at Daytona Wrecker are non-substantial and award the contract to Daytona Wrecker.

4.      Determine that Fryer’s employee was not an employee of the wrecker company and award the contract to Fryer’s.

5.      Determine that the A & A employee did not meet the requirement of being convicted of a felony and award the contract to A and A.


In my review of the technical specifications, I have determined that none of the contractors met the bid requirements.  All would require some type of bid waiver from the City Council in order to award the bid.  Therefore, I continue to recommend to the City Council that all bids be rejected and the City be authorized to rebid the contract.


F.                 ADMINISTRATION


Item 13 -        Bus Benches


The City requested proposals from qualified professional firms interested in providing bus bench design, installation, removal, maintenance and advertising at specified locations throughout the City.  Proposals were received from two firms. A selection committee including Vice-Mayor Mary Martin, Assistant City Manager Shannon Lewis, Assistant to the City Manager Donna Steinebach and Principal Planner Tim Burman reviewed and ranked each proposal.  Proposals were ranked according to revenue potential to the City, qualifications and design.


The selection committee ranked the firms as follows:


1.      Waverly Media, LLC

2.      Martin Southeast Media, LLC


Staff requests authorization to enter into contract negotiations with Waverly Media, LLC as the highest ranked firm, conditioned upon use of recycled plastic benches applying the same revenue-generating formula as indicated in their proposal.


Staff recommends that Council approve the final ranking of firms responding to RFP #09-03 as presented, and to authorize staff to enter into contract negotiations with Waverly Media, LLC.


City Manager’s Comments:  I have looked at the letter that was provided to the City by one of the vendors.  Shannon Lewis was staff person assigned to develop the specifications for the project.  The letter provided by one of the vendors protested Ms. Lewis being designated as the project manager.  One of the companies that participated in the bidding process listed Ms. Lewis as a reference.  Ms. Lewis did not give the company permission to use her name as a reference.  Her knowledge of that company came from her experience in another city.  There is nothing in the record that would indicate that Shannon or any other member of the interview panel violated any ethical standard. 


What are the options available to the City Council?


1.      The Council can accept the Committee’s recommendation and authorize the City to negotiate a contract.

2.      The Council can determine that it desires to interview and rank the firms.

3.      The Council can determine that it is in the best interest of the City to reject the bid and to advertise.


Although I have determined that no violation has occurred and the Committee acted appropriately, I would recommend the City Council reject the bid and instruct the staff to readvertise.


G.                COUNCIL COMMENTS


Item 14 -        Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.


Item 15 -        City Council Committee Reports


At this time, Council Members may discuss various committees to which they have been assigned.