HomeMy WebLinkAbout2025 02 10 City Commission Regular Meeting Agenda Packet.pdfCITY COMMISSION
REGULAR MEETING AGENDA
MONDAY, FEBRUARY 10, 2025 - 6:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
1
CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
200. Not Used
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
CONSENT AGENDA
300. Wastewater Treatment Plant Belt Filter Press Refurbishment
Charter Trailer Rebuild Quote
GSM Quote
Andritz Quote
301. Capital Improvement Plan (CIP) - Roadway Resurfacing
Winter Springs FY 2025 pricing.pdf
IFB-603616-19 Time Extension Middlesex Paving, LLC..pdf
IFB-603616-19__Middlesex_.pdf
2025 CPI_ Resurfacing_2025.pdf
302. Multiple Storm Sewer Pipelining Projects
Pipelining Projects Summary.pdf
City_of_Winter_Springs_-_1170_Howell_Creek_Drive_-_36_CIPP.pdf
City_of_Winter_Springs_-_1202_Winter_Springs_Blvd_-_30_CIPP.pdf
City_of_Winter_Springs_-_1162_Howell_Creek_Drive_-_30_CIPP.pdf
City of Winter Springs - 1215 Deer Run - 36 CIPP.pdf
City of Winter Springs - 699 Brown Bear Ct and Northern Way - 15 CIPP.pdf
303. Intent to Award Contract - ITB 11-24-07 PH Gee Creek Erosion Control Counter Measures
ITB 11-24-07 PH Gee Creek -Cathcart Construction Bid Submittal Docs.pdf
ITB 11-24-07 PH Gee Creek Erosion Control Construct Co Bid.pdf
ITB 11-24-07PH Erosion Control Countermeasures - CFE Corp .pdf
ITB 11-24-07 PH Erosion Control Carr & Collier.pdf
2
ITB 11-24-07 PH Gee Creek Erosion Garcia Civil.pdf
ITB 11-24-07 PH Gee Creek Bid Log & Register.pdf
304. Fiscal Year (FY) 2026 Budget Calendar
Budget Calendar for FY2026.pdf
305. Surplus Assets
Surplus Assets 02.10.25.pdf
306. Municipal Services Agreement, Winter Springs Senior Center Inc.
Municipal Services Agreement - Winter Springs Senior Center, Inc. - 2025 Revisions -
3.pdf
307. Approval of the Minutes from City Commission Meetings held in January 2025.
2025 01 13 City Commission Regular Meeting Minutes.pdf
2025 01 15 City Commission Workshop Meeting Minutes.pdf
2025 01 27 City Commission Regular Meeting Minutes.pdf
PUBLIC HEARINGS AGENDA
400. Second Reading of Ordinance 2025-03: Revising Section 14-3 of the City Code Regarding
Criminal History Background Screening
Ordinance No 2025-03 - Criminal History Checks.pdf
Legal Advertisement Affidavit
REGULAR AGENDA
500. Review of the Bicycle and Pedestrian Advisory Committee & Parks and Recreation
Advisory Committee
Ordinance 2010-06 Establishing Bicycle and Pedestrian Advisory Committee.pdf
Bicycle & Pedestrian Advisory Commitee Staff Analysis.pdf
Ordinance 2010-07 Establishing Parks and Recreation Advisory Committee.pdf
Parks & Recreation Advisory Committee Analysis.pdf
501. Resolution 2025-02: Updating the Retention Policy of Official Meeting Recordings and
Formal Agenda Documents for Periods of Time Exceeding the Minimum State
Requirement for Retention
Resolution 2025-02 Records Retention.pdf
Resolution 2008-24 Retention of Minutes.pdf
502. Matters Related to Boards & Committees
503. New Business
3
REPORTS
600. City Manager Kevin A. Sweet
601. City Attorney Anthony A. Garganese
602. City Clerk Christian Gowan
603. Seat Four Commissioner/Deputy Mayor Cade Resnick
604. Seat Five Commissioner Mark Caruso
605. Mayor Kevin McCann
606. Seat One Commissioner Paul Diaz
607. Seat Two Commissioner Victoria Bruce
608. Seat Three Commissioner Sarah Baker
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be
advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in
attendance at this Meeting, and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the
City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a
physically handicapped person to attend the meeting, directed to the chairperson or director of such
board, commission, agency, or authority" - per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board, agency, or commission with respect to
any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and
that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based" - per Section
286.0105 Florida Statutes.
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CONSENT AGENDA ITEM 300
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Wastewater Treatment Plant Belt Filter Press Refurbishment
SUMMARY
The Utility Department is requesting City Commission approve the expense to rebuild
the belt filter press, Model TP17.93s using Charter Machine Company. The Utility
Department is seeking permission from the Commission to allow the formal bid
procedure to be waived in the best interest of the City due to this very specialized
piece of equipment. The belt filter press was originally purchased from Charter
Machine Company, and they are the most qualified vendor to perform this
refurbishment.
The belt filter press, which is trailer mounted, is used at the City’s wastewater
treatment plants to remove water from liquid wastewater residuals and produce a
non-liquid material referred to as “cake.” Dewatering wastewater solids reduces the
volume of residuals, improves operation, and reduces costs for subsequent storage,
processing, transfer, end use, or disposal of biosolids. The City currently owns one belt
filter press which is transported from the East to West wastewater treatment plant on
an as needed basis.
Charter Machine Company has provided the scope of work for this belt filter press
refurbishment to include shipment to their factory in New Jersey to perform the
rebuild. The belt filter press will be dismantled and all rollers (gravity and press
sections) except for drive rolls will be removed and replaced, all drive rolls to be
recoated, all rollers to have new bearings, seals and recoated housings, wash tubes
shall be rebuilt with new nozzles, gaskets, seals, perforated roller shall be replaced
with a new one, new set of belts, side seals, scraper blades, gravity box seals, and
evaluation of repairs needed for the breaker control panel.
The belt filter press is vital to the maintenance of the Wastewater plant operations and
the optimization of biosolids management. This refurbishment will ensure the
longevity of the belt filter press and increase its functionality and performance.
FUNDING SOURCE
Total refurbishment up to $298,210 will be funded via a line code transfer from
Construction in Progress GL# 410-36-3600-560650 within the FY25 budget which has
been re-prioritized based on timing and need.
5
RECOMMENDATION
Staff recommends the City Commission approve the scope of work and to waive the
formal bid process for the refurbishment of the belt filter press and authorize the City
Manager to execute a purchase order to Charter Machine Company in the amount of
$271,100 plus a 10% contingency due to the unknown breaker control panel status
and possible additional repair or replacement cost, for a total of $298,210.
Additionally, staff requests authorization for the City Manager and City Attorney to
prepare and execute any and all applicable contract documents consistent with this
Agenda item.
6
Dewatering Equipment Machines
Division
A GEC Subsidiary
55 Wester Ave. Metuchen N.J. 08840 (732) 548-4400 Fax: (732) 494-4596
WWW.CHARTERMACHINE.COM
DATE: January 3, 2025
TO: Todd Petrie
Veolia North America
PROPOSAL: Charter Machine Company (CMC)
Proposal No – 250103-C2
PROJECT: Winter Spring FL Trailer Rebuild
SUBJECT: Belt Filter Press Rebuild Proposal
(Full Factory Rebuild with Charter labor to give 15+ years of reliable service)
Item 1
One (1) Rebuild of Charter Machine Company Belt Filter Press, Model TP17.93s with
a 1.7 meter total belt width. The existing belt filter press which is trailer mounted is to be
shipped back to the NJ Charter factory for the rebuild. The press shall be power washed
and cleaned by owner or contractor PRIOR to being shipped. The press will be
dismantled as needed for replacement of New parts. The following is a scope of work to
be completed at the Charter facility.
- All rollers in press (gravity and press sections) except for drive rolls will be removed
and replaced with new industry standard nylon coated rollers. NOTE: Charter
Machine does not recommend SS clad rollers due to longevity issues
associated with the stress cracks from the SS flexing during operation and
then water intrusion under the cladding destroys the rollers from the inside
out and not noticeable until they break. Charter uses a hot dip nylon process
that is the industry standard for roller coatings and should last easily over
10+ years unless there is a very abrasive dewatering material like sand or
lime.
- All drive rolls to be recoated with buna N rubber.
- All rollers to have new bearings, seals and recoated housings.
- Wash tubes shall be rebuilt with new nozzles, gaskets, seals.
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- Perforated roller shall be replaced with a new one.
- New set of belts, side seals, scraper blades, gravity box seals.
- **Repair of damaged control panel. NOTE: There is $5,000 included in the costing
to cover the wire damage and evaluation of the control panel. However, the reason
for the wires burning is probably from a short in one or both of the discharge
conveyor motors. The motors will have to be checked for damage and figure out if
new wires need to be pulled and motors need to be replaced. Charter will perform
a full check out and give a report to the city before performing any other work above
the wire fix in the panel. Any additional repairs/replacements shall be quote at an
adder of time and materials.
The press will be rebuilt to a fully working condition and will include all warrantees the
same as a new press for only the components that were replaced by Charter. During the
rebuild, Charter will be allowed to replace components that are no longer available and/or
are not rebuildable with new versions to maintain and/or increase functionality and
performance.
Charter has not inspected this unit prior to this quote so if there are any frame issues that
need to be fixed, they will be quoted separately during the rebuild.
Charter Machine Company will supply the above parts in approximately 10 to 14 weeks
after acceptance of a purchase order. The owner and/or Contractor shall be responsible
for unloading any and all shipments.
Charter Machine Company shall furnish all labor (dependent on factory load for
employee availability), tools and materials necessary to disassemble the equipment and
install all new components listed above to completion and ready for operation. Charter
Machine Company shall be responsible for coordinating all improvements with the owner.
Final Information and Pricing for Factory Rebuild.
We propose to furnish the above described equipment for the Total Lot Net Selling Price of
$ 263,000.00 U.S.D. , F.O.B. shipping point, with full truck freight allowed back to the
owner in FL.
*******************************************************************************************************
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Gearbox option
Item 2
One (1) New Gearbox and Drive Motor for Charter Machine Company Belt Filter
Press, Model TP17.93s with a 1.7 meter total belt width. Same price for gravity section
and pressure section drives installed at NJ factory.
Final Pricing Information for One (1) Gearbox/Motor Assembly.
We propose to furnish the above described equipment for the Total Lot Net Selling Price of
$ 8,100.00 each U.S.D. , for install at NJ factory only.
*******************************************************************************************************
Additional service may be requested at a rate of $175 per hour, plus all travel and living
expenses.
Please Note:
Except as otherwise noted herein, the following are not included in our offering:
Local, state or federal taxes, permits, or other fees, anchor bolts, wiring, new conduit or
plumbing between items, local motor disconnects or lockouts, polymer for startup or
operation, platforms, walkways, or handrails.
Warranty:
Our equipment components shall be warranted against defects in workmanship and
materials for a period of eighteen (18) months after delivery or twelve (12) months after
start-up, whichever comes first except where noted above. This warranty is based upon
compliance with Charter Machine Company’s handling, storage, installation, startup,
operating and maintenance procedures.
Our standard payment terms are as follows:
50% - upon receipt of purchase order, Net 15 days
40% - upon delivery and before work begins, Net 15 days
10% - upon return delivery, Net 15 days
Other terms and conditions apply per the attached sheet. Late payments shall be subject
to a 1.5% per month finance charge.
Early shipments of embedded metal work can possibly be made however there will be an
additional charge of the lowest ground freight rate available to the purchaser.
Early shipments and partial shipments will be invoiced as shipped on a prorated basis to
be determined by CMC.
Unless otherwise specified this proposal is offered for acceptance for (120) one hundred
twenty days and is subject to review thereafter. Delays in shipments caused by slow
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return of submittals or other delays caused by the contractor, owner, owner’s agents or
engineer may result in additional charges of 1% per month.
Submittal Schedule (if required):
Approval submittals for the electrical control panel can be forwarded approximately 4-6
weeks after our receipt and acceptance of your purchase order with a scope and
description of the control panel.
Delivery Schedule:
Shipment of the equipment and/or parts can be made approximately 10-12 weeks after
our receipt of approval and your release to manufacture (depending on factory load and
man power scheduling).
These lead times are based upon typical Engineering and Shop loading, which may vary
to some degree.
Offering Basis:
Please note that our offering, as described herein, is based upon Charter Machine’s
standard model. Should the contents of any addenda (or other applicable documents)
have an effect on our offering, we must reserve the right to modify that offering (and
pricing) accordingly. We request your assistance in keeping us abreast of all changes to
the contract documents.
We wish you success on this project and look forward to the opportunity of working with
you.
Very truly yours,
Charter Machine Company
Christopher Boyd
Director Of Sales
732-425-7489
ChrisB@CharterMachine.com
Purchase order issuer acknowledges that they have read and understood the Charter
Machine scope of supply listed in this quote. Any changes need to be clarified before a
purchase order is verified.
X__________________________ (sign) __________________(print) ______ (date)
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14
GSM Engineered Fabrics LLC2015 Gateway Park CourtKingsport TN 37663United States(423) 348-0954
Quote
#QUO4023
11/4/2024
Quotes are valid for 30 days. Major credit cards accepted with a 4% transaction fee. This order is subject to and shall be governed exclusively by GSM's Standard Terms and Conditions, which can be viewed by contacting sales@gsmfiltration.com.
1 of 2
Terms Net 30 Notes
Mobile Belt Press RefurbishmentLead Time Pending on receipt of order
Incoterm FOB
Location Customer's Site
Sales Rep Eric Helin
Email eric@gsmfiltration.com
Shipping Best Way
Bill To Ship To
Winter Springs, FL14055 Riveredge DriveSuite 240Tampa FL 33637United States
Winter Springs, FL. - Plant #11000 Casselberry Lane1000 West State Road 434Winter Springs FL 32708United States
Item Quantity Rate Amount
Mobilization cost associated with transporting dewatering equipment from customers site to GSM service center in Kingsport, Tn. and back to customers' site. This is only an estimate based on recent quotes and is subject to change depending on availability and fuel cost.
1 $8,500.00 $8,500.00
The following items are only related to components associated with the gravity belt table section of the mobile unit. The gravity wear strips were in good condition and had recently been replaced, the plow chicanes were also in good condition so not needing to be replaced at this time.
Refurbishment of the rollers: This would include stripping the existing coatings off the rollers, applying 10ga. stainless-steel cladding to the tension and deflection / idler rollers, along with coating the drive roller with Buna-Nitrile of a shore hardness of 85 or greater. All exposed journal shafts with be coated with belzona for protection.Tension roller stainless-steel cladding = $ 4,032Idler/deflection roller stainless-steel cladding = $ 3,646Drive roller Buna coating = $ 2,536
1 $10,214.00 $10,214.00
Refurbishment of the bearing assemblies which includes journal shaft repairs if needed, stripping and coating of pillow block with rilsan, installing all new internal bearing components and seals along with new stainless-steel fasteners.
6 $946.00 $5,676.00
Rebuild shower pipe assembly. Includes new 2.5mm nozzles, nozzle gaskets, retainers, brushes, valve seal kit.1 $779.00 $779.00
GSM 62-400P - 67" wide by 357" long with heat sealed and doped edges. 8 clips/in.Gravity table beltPart# 050-036-7546
1 $632.00 $632.00
******* SEW EuroDrive gear unit with motor for the gravity table section. This is just an option, the one currently on the equipment is operating, one can be purchased at a later date. ******* GSM would change out the fluids if elected not to purchase new gear unit.
1 $3,687.00 $3,687.00
The following items are only related to components associated with the BFP tower squeeze section of the mobile unit.
Refurbishment of the rollers: This would include stripping the existing coatings off the rollers, applying 10ga. stainless-steel cladding to the rollers, along with coating the drive roller with Buna-Nitrile of a shore hardness of 85 or greater. The exposed shaft journals would be coated with belzona for protection.Includes (2 ea.) doctor rollers, (2 ea.) steering / tracking rollers, (7 ea.) smaller idler or deflection rollers, (6 ea.) tower squeeze section rollers of various sizes cladded with 10 ga. stainless-steel. The drive roller will be covered with Buna Nitrile. Total of 18 rollers.
1 $75,228.00 $75,228.00
15
GSM Engineered Fabrics LLC2015 Gateway Park CourtKingsport TN 37663United States(423) 348-0954
Quote
#QUO4023
11/4/2024
Quotes are valid for 30 days. Major credit cards accepted with a 4% transaction fee. This order is subject to and shall be governed exclusively by GSM's Standard Terms and Conditions, which can be viewed by contacting sales@gsmfiltration.com.
2 of 2
Item Quantity Rate Amount
Refurbishment of perforated roller, applying new outer skin and support rings.1 $15,729.00 $15,729.00
Refurbishment of the bearing assemblies which includes journal shaft repairs if needed, stripping and coating of pillow block with rilsan, installing all new internal bearing components and seals. New stainless-steel fasteners.
38 $946.00 $35,948.00
Rebuild shower pipe assembly. Includes new 2.5mm nozzles, nozzle gaskets, retainers, brushes, valve seal kit.2 $779.00 $1,558.00
GSM 62-400P - 67" wide by 678.5" long with heat sealed and doped edges. 8 clips/in.Upper and Lower Press BeltsPart# 050-016-7546
2 $1,420.00 $2,840.00
Miscellaneous components showing wear or needing replaced. Tension shaft bushings, UHMW headbox ramp blades, doctor /scraper blades, hydraulic lines, fittings, gauges, regulators, belt breakage switches, belt tracking switches, E-stop switch,
1 $3,049.00 $3,049.00
Electrical control panel repair work of burnt terminal strip.1 $6,448.00 $6,448.00
******* SEW EuroDrive gear unit with motor for the belt press. This is just an option, the one currently on the equipment is operating, one can be purchased at a later date. *******
1 $4,280.00 $4,280.00
Service Job with Labor 1 $24,640.00
Subtotal $199,208.00
Tax Total $13,944.56
Total $213,152.56
16
QUOTATION
Customer: 136557
Veolia Water North America
2301 Regional Water Lane
TAMPA FL 33619
Contact:
Fax:
Todd Petrie
Copy to:
Your inquiry:VIA EMAIL
Our quote no:21161338
Supplier:Andritz Separation Inc.
Contact:
Phone:
Fax:
E-mail:
Stormi L Abbott
+1 817 375 4444
stormi.abbott@andritz.com
Date:01/17/2025
Sales
Responsible:
MR. LUKE MARKERT
Page 1 of 7
Dear Todd Petrie,
We thank you for your inquiry and are pleased to quote as follows:
1.Scope of supply
Should you choose to place an order, please provide the following information:
1. Shipping Address for Delivery
2. Billing Address for Invoice
3. Shipping Terms: If a specific carrier is preferred, please list as FCA, Origin Collect with preferred carrier.
Otherwise, list as FCA, Origin Prepaid & Add.
4. Reference this quote number.
Freight is excluded.
Delivery of product(s) to be determined from receipt of approved purchase order and any clarifications.
**ANDRITZ HAS A $250 USD MINIMUM ORDER AMOUNT**
Please note currency is in US Dollars
Andritz Inc Standard Terms & Conditions apply
Returned goods require pre approval and are subject to restocking and inspection fees.
Item Product ID No.S/W*Quantity Unit Unit Price Amount
10 CHARTER BELT PRESS & GBT 129999901 1 PC 321,190.00 321,190.00
REFURBISHMENT QUOTE
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
17
Our quote no:21161338
Page 2 of 7
Item Product ID No.S/W*Quantity Unit Unit Price Amount
ANDRITZ Separation will provide the
components and labor listed in the quote to
refurbish the Trailer mounted 1.5M Belt Press
& GBT
Refurbished Parts:
Rollers:
18 Belt Press and 4 GBT rollers
Belt Press and GBT rollers will be stripped,
and recoated drive roller will be Buna N
rubber coated all other rollers 10 ga. Stainless
Steel Cladded
Belt Press perforated roller will be cleaned
and repaired new perforated skin and end
plates
Belt Press and GBT refurbished bearing
housings strip and recoat
New Parts:
New bearing housing internal components
bearings, seals, and 316 stainless steel
hardware for the Belt Press and GBT rollers
New spray bar nozzle, gaskets, retaining
rings, and seal kits for the Belt Press and
GBT
New UHMWPE doctor blades for the
discharge end of press Belt Press
New UHMWPE headbox strip for Belt Press
Electrical switches no cake, belt
misalignment, belt breakage and emergency
trip cord switch for the Belt Press
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
18
Our quote no:21161338
Page 3 of 7
Item Product ID No.S/W*Quantity Unit Unit Price Amount
Filter Belts for the Belt Press
Site Work:
Labor & Expenses for 2 technician’s working
through the weekends 12 hr. shifts to remove
and install new/reconditioned parts listed
above. One visit to remove parts to be
refurbished and one visit to install refurbished
and new parts.
Additional time required due to delays outside
of ANDRITZ control or request for additional
work will be charged per the attached service
rate sheet
Not in Scope:
Customer will be responsible for loading and
unloading the delivery trucks.
Customer will be responsible for power
washing and cleaning of the equipment prior
to work.
Customer will be responsible for
disconnecting (and reconnection) of all utilities
such as sludge line, water and electrical
service
Customer will be responsible for removal of
any walkways or handrails
Option:
Belt Drive SEW Eurodrive motor and gearbox
for the Belt Press and GBT
Price $4,096.00 each
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
19
Our quote no:21161338
Page 4 of 7
Item Product ID No.S/W*Quantity Unit Unit Price Amount
________________________________________
Items total 321,190.00
Total Amount USD 321,190.00
* S = Spare Parts, W = Wear Parts
Technical contact: Larry Conley /Phone: +1 817 239 5688 / larry.conley@andritz.com
Terms and Conditions
2 .Delivery Time:
after receipt of order and any clarifications.
3 .Terms of delivery:
Our terms of delivery are FCA ORIGIN PREPAID & ADD, according to INCOTERMS 2020.
4 .Terms of Payment:
Within 30 days Due net
(1% default interest per month for delayed payment).
5 .Validity of quotation:
This quotation is valid to 02/16/2025.
Other Terms:
6 .**********
COVID-19 pandemic delays, disrupts, or prevents Andritz’s performance, or increases shipping or
freight costs, Andritz shall be entitled to change order containing an appropriate adjustment in
the contract price and/or delivery schedule. Furthermore, in the event that developments related
to the pandemic, whether initiated prior to or after the date of this proposal, quotation, or order,
including but not limited to travel advisories, steps taken to protect the health and safety of
employees, Government orders, and temporary facility shutdowns, increase the cost or time for
delivery, Andritz shall be entitled to adjust the price and delivery dates herein to reflect these
impacts. Andritz’s delivery date and prices (including freight) are estimates only based on
Andritz’s standard delivery dates and prices and do not account for the present and future
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
20
Our quote no:21161338
Page 5 of 7
schedule impacts of the COVID-19 pandemic. Nothing in this proposal, quotation, or order, or
any contract based hereon, shall be construed as a waiver of these rights.
**********
The crisis in Russia/Ukraine is impacting the complete global supply chain, including but not
limited to, raw material shortages, extended delivery times, unavailability/restricted availability of
transport as well as unforeseeable price increases. The Parties therefore agree that the price and
delivery times in this order confirmation are indicative only. In case the crisis leads to any
impacts on the delivery time or to a price increase of more than 5% of the order value after the
date of the order confirmation, we reserve our right to adapt the prices and/or the delivery times
accordingly. Nothing in this order confirmation can be construed as a waiver of such right. Of
course, we will stay in close contact with you, being stipulated that we are doing our best effort to
overcome this significant cost pressure and hurdles in the supply chain.
**********
TERMS APPLICABLE
This quotation or acknowledgement and Seller's sale of Products and /or provision of Services described in Buyer's purchase order issued in whole or in part in response to this quotation or in response to which this acknowledgement is issued are expressly limited
to and expressly made conditional on, Buyer's acceptance of the Terms and Conditions of Sale and/or Service listed below, which are the exclusive terms and conditions upon which Andritz Separation Inc. or the applicable Andritz entity supplying the same
("Seller") will accept a purchase order for the sale of new, used and refurbished products, equipment, parts and/or the provision of services ("Products" and "Services"). These Terms and Conditions of Sale and/or Service control, supersede and replace any and
all other additional and/or different terms and conditions of Buyer, and Seller hereby objects to and rejects all such terms and conditions of Buyer without further notification, except to the extent Seller expressly agrees to such conditions in writing. Seller's
commencement of work under the Purchase Order or Buyer's acceptance of delivery of or payment for any Products or Services covered by this Agreement, in whole or in part, shall be deemed Buyer's agreement to the foregoing. The term "this Agreement" as
used herein means this quotation or acknowledgment or Buyer's purchase order, together with any attachment thereto, any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or incorporated therein by
reference), and these Terms and Conditions of Sale and/or Service.
7 .DELIVERY OR PERFORMANCE
Delivery or performance dates are good faith estimates and do not mean that "time is of the essence." Buyer's failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in
delivery or performance. Installation of any Product shall not be Seller's responsibility unless specifically provided for in this Agreement. Upon and after delivery, risk of loss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be
made on the terms agreed to by the parties as set forth in this Agreement, according to INCOTERMS 2010.
8 .WARRANTY
(a) Products Warranty.
(i) New Equipment Warranty. In the case of the purchase of new equipment the Seller warrants to Buyer that the new equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the
new equipment to Buyer and shall expire on the earlier to occur of 12 months from initial operation of the new equipment and 18 months from delivery thereof (the "Warranty Period").
(ii) Parts and Used or Reconditioned Machinery or Equipment Warranty. In the case of parts or used or reconditioned machinery or equipment, and unless otherwise indicated, Seller warrants to Buyer that the parts or the used or reconditioned machinery or
equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the parts or the used or reconditioned machinery or equipment to the buyer and shall expire 6 months from delivery
thereof (the "Warranty Period").
(iii) If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, at its option, either deliver to Buyer, on the same terms as the original delivery
was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnished pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion
of such repair or replacement, with no further extension. Seller will have no warranty obligations for the Products under this Paragraph 3(a): (i) if the Products have not been stored, installed, operated and maintained in accordance with generally approved industry
practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the
Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered
expendable; or (vi) for expenses incurred for work in connection with the removal of the defective articles and reinstallation following repair or replacement.
(b) Services Warranty. Seller warrants to Buyer that the Services performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications. If any failure to meet this warranty appears within 12 months from the date of
completion of the Services, on the condition that Seller be promptly notified in writing thereof, Seller as its sole obligation for breach of this warranty will correct the failure by re-performing any defective portion of the Services furnished. Seller does not warrant the
accuracy of, or performance results of, any conclusions or recommendations provided, nor that any desired objective will result from the Service provided and Seller shall not be liable for any loss of use or any production losses whatsoever.
c) Seller further warrants to Buyer that at delivery, the Products manufactured by it will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of their
existence.
(d) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE
ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(e) The remedies provided in Paragraphs 3(a), 3(b) and 3(c) are Buyer's exclusive remedy for breach of warranty.
(f) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of being so passed on.
9 .LIMITATION OF LIABILITY
Notwithstanding any other provision in this Agreement, the following limitations of liability shall apply:
(a) In no event, whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies be liable for loss of profits, revenue or business opportunity, loss by
reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts, claims of customers, cost of money or loss of use of capital, in each
case whether or not foreseeable, or for any indirect, special, incidental or consequential damages of any nature resulting from, arising out of or connected with the Products, Services, or this Agreement or from the performance or breach hereof.
(b) The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense resulting from, arising out of or connected with the Products, Services or this
Agreement or from the performance or breach hereof, together with the cost of performing make good obligations to pass performance tests, if applicable, shall in no event exceed the contract price.
(c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract, warranty, tort (including negligence), strict liability,
indemnity, or otherwise. The remedies provided in this Agreement are Buyer's exclusive remedies.
(d) All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products, Services or this Agreement or from the performance or breach hereof shall terminate on
the third anniversary of the date of this Agreement.
(e) In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced (unless such discovery or repair is normally discoverable by tests expressly
specified in the scope of work under this Agreement) or caused by the use of goods by the Buyer against the advice of Seller. If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement,
the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise.
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
21
Our quote no:21161338
Page 6 of 7
10 .CHANGES, DELETIONS AND EXTRA WORK
Seller will not make changes in the Products unless Buyer and Seller have executed a written Change Order for such change. Buyer, without invalidating this Agreement, may make changes by altering, adding to or deducting from the general scope of the
Services by written Change Order. Any such Change Order will include an appropriate adjustment to the contract price and delivery schedule. If the change impairs Seller's ability to satisfy any of its obligations to Buyer, the Change Order will include appropriate
modifications to this Agreement. Seller shall be entitled to a Change Order adjusting the contract price, delivery schedule and/or any affected obligations of Seller if after the date of this Agreement a change in applicable law should require a change in the Products
or Services or in the event and to the extent that an act or omission of Buyer, or any error or change in Buyer-provided information, affects the Seller's performance hereunder.
11 .TAXES
Seller's prices do not include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or use of the Products or Services shall be billed to and paid by
Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities.
12 .SECURITY INTEREST
Seller shall retain a purchase money security interest and Buyer hereby grants Seller a lien upon and security interest in the Products until all payments hereunder have been made in full. Buyer acknowledges that Seller may file a financing statement or comparable
document as required by applicable law and may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Seller's interest in the Products.
13 .SET OFF
Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise.
14 .PATENTS
Unless the Products or any part thereof are designed to Buyer's specifications and provided the Product or any part thereof is not used in any manner other than as specified or approved by Seller in writing, (i) Seller shall defend against claims made in a suit or
proceeding brought against Buyer by an unaffiliated third party that any Product infringes a device claim of a United States or Canadian patent issued as of the effective date of this Agreement and limited to the field of the specific Products provided under this
Agreement; provided Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense of such claims; (ii) Seller shall satisfy any judgment (after all appeals) for damages entered against Buyer on such claims so long
as such damages are not attributable to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using any Product or a part thereof, then Seller will, at its option: (a) obtain for Buyer the right to continue using such Product or part;
(b) eliminate the infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the purchase price that Seller has received for such Product or part. The foregoing states Seller's entire
liability for patent infringement by any Product or part thereof.
15 .SOFTWARE LICENSE, WARRANTY, FEES
The following Software Terms and Conditions apply to any embedded or separately packaged software produced by Seller and furnished by Seller hereunder:
(a) Seller hereby grants to Buyer a non-exclusive, non-transferable, non-sub-licensable license to the Software, and any modifications made by Seller thereto only in connection with configuration of the Products and operating system for which the Software
is ordered hereunder, and for the end-use purpose stated in the related Seller operating documentation. Buyer agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, except Buyer may create a single
copy for backup or archival purposes in accordance with the related Seller operating documentation (the "Copy"). Buyer's license to use the Software and the Copy of such Software shall terminate upon any breach of this Agreement by Buyer. All copies of the
Software, including the Copy, are the property of Seller, and all copies for which the license is terminated shall be returned to Seller with written confirmation after termination.
(b) Seller warrants that, on the date of shipment of the Software or the Products containing the Software to Buyer: (1) the Software media contain a true and correct copy of the Software and are free from material defects; (2) Seller has the right to grant the
license hereunder; and (3) the Software will function substantially in accordance with the related Seller operating documentation.
(c) If within 12 months from the date of delivery of the Software or Products containing the Software, Buyer discovers that the Software is not as warranted above and notifies Seller in writing prior to the end of such 12 month period, and if Seller determines that it
cannot or will not correct the nonconformity, Buyer's and Buyer's Seller-authorized transferee's exclusive remedies, at Seller's option, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of a pro rata share of the
contract price or license fee paid.
(d) If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seller, Seller shall: (i) defend against any claim in a suit or proceeding brought by an unaffiliated third party against Buyer that the Software
violates a registered copyright or a confidentiality agreement to which Seller was a party, provided that Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense and settlement of such claims (including the
sole authority to select counsel and remove the Software or stop accused infringing usage); (ii) Seller shall satisfy a final judgment (after all appeals) for damages entered against Buyer for such claims, so long as such damages are not attributable to willful conduct
or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using the Software, Seller may at its option: (a) obtain for Buyer the right to continue using such Software; (b) eliminate the infringement by replacing or modifying the Software, or (c) take
back such Software and refund to Buyer all payments on the purchase price that Seller has received. However, Seller's obligations under this Paragraph shall not apply to the extent that the claim or adverse final judgment relates to: (1) Buyer's running of
the Software after being notified to discontinue; (2) non-Seller software, products, data or processes; (3) Buyer's alteration of the Software; (4) Buyer's distribution of the Software to, or its use for the benefit of, any third party; or (5) Buyer's acquisition of confidential
information (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a third party who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the confidential
information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5. In Seller's discretion and at Seller's own expense, with regard to any actual or perceived infringement claim related to the Software, Seller may: (i) procure the right to
use the Software, (ii) replace the Software with a functional equivalent, an/or (iii) modify the Software. Under (ii) and (iii) above, Buyer shall immediately stop use of the allegedly infringing Software.
(e) This warranty set forth in subparagraph (c) above shall only apply when: (1) the Software is not modified by anyone other than Seller or its agents authorized in writing; (2) there is no modification in the Products in which the Software is installed by anyone
other than Seller or its agents authorized in writing; (3) the Products are in good operating order and installed in a suitable operating environment; (4) the nonconformity is not caused by Buyer or a third party; (5) Buyer promptly notifies Seller in writing, within the
period of time set forth in subparagraph (c) above, of the nonconformity; and (6) all fees for the Software due to Seller have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
(f) Buyer and its successors are limited to the remedies specified in this Paragraph.
(g) Any subsequent modifications or enhancements to the Software made by Seller are, at Seller's option, subject to a fee.
16 .SITE RISKS
(a) Concealed Conditions. The parties acknowledge and agree that increased costs or schedule extensions due to any concealed conditions at the job site shall be to Buyer's account. Buyer shall hold Seller harmless for increased costs and grant any
necessary schedule extensions if any concealed or hazardous conditions are found.
(b) Environmental Remediation. Buyer acknowledges that Seller is not an expert in environmental remediation and shall not be directed by change order or otherwise to perform any environmental remediation as part of the Services, including but not
limited to asbestos and lead paint removal. If any environmental remediation becomes necessary, Buyer will contract directly with a qualified third party to perform such work.
17 .TERMINATION
(a) Buyer may terminate this Agreement upon breach by Seller of a material obligation hereunder and Seller's failure to cure, or to commence a cure of, such breach within a reasonable period of time (but not less than 30 days) following written receipt of notice of
the same from Buyer.
(b) Buyer may only terminate this Agreement for Buyer's convenience upon written notice to Seller and upon payment to Seller of Seller's termination charges, which shall be specified to Buyer and shall take into account among other things expenses (direct and
indirect) incurred and commitments already made by Seller and an appropriate profit; provided, that in no event shall Seller's termination charges be less than 25% of the contract price.
(c) Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment is not received within 30 days of due date. In the event of the bankruptcy or insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding
brought by or against Buyer, Seller shall be entitled to terminate any order outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its cancellation charges.
18 .CONFIDENTIALITY
Buyer acknowledges that the information that Seller submits to Buyer in connection with this Agreement and the performance hereof includes Seller's confidential and proprietary information, both of a technical and commercial nature. Buyer agrees not to disclose
such information to third parties without Seller's prior written consent. Seller grants to Buyer a non- exclusive, royalty-free, perpetual, non-transferrable license to use Seller's confidential and proprietary information for the purpose of the installation, operation,
maintenance and repair of the Products that are the subject hereof only. Buyer further agrees not to, and not to permit any third party to, analyze, measure the properties of, or otherwise reverse engineer the Products, fabricate the Products or any parts thereof
from Seller's drawings or to use the drawings other than in connection with this Agreement. Buyer will defend and indemnify Seller from any claim, suit or liability based on personal injury (including death) or property damage related to any Product or part thereof
which is fabricated by a third party without Seller's prior written consent and from and against related costs, charges and expenses (including attorneys' fees). All copies of Seller's confidential and proprietary information shall remain Seller's property and may
be reclaimed by Seller at any time in the event Buyer is in breach of its obligations under this Paragraph.
19 .END USER
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
22
Our quote no:21161338
Page 7 of 7
If Buyer is not the end user of the Products sold hereunder (the "End User"), then Buyer will use its best efforts to obtain the End User's written consent to be bound to Seller by the provisions hereof. If Buyer does not obtain such End User's consent, Buyer shall
defend and indemnify Seller and Seller's agents, employees, subcontractors and suppliers from any action, liability, cost, loss, or expense for which Seller would not have been liable or from which Seller would have been indemnified if Buyer had obtained
such End User's consent.
20 .FORCE MAJEURE
(a) Force Majeure Defined. For the purpose of this Agreement "Force Majeure" will mean all events, whether or not foreseeable, beyond the reasonable control of either party which affect the performance of this Agreement, including, without limitation, acts of
God, acts or advisories of governmental or quasi-governmental authorities, laws or regulations, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, insurrections, riots, epidemics, pandemics, outbreaks of infectious disease or other threats
to public health, lightning, earthquakes, fires, storms, severe weather, floods, sabotage, delays in transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or loading or unloading facilities,
inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub-suppliers, thefts and explosions.
(b) Suspension of Obligations. If either Buyer or Seller is unable to carry out its obligations under this Agreement due to Force Majeure, other than the obligation to make payments due hereunder, and the party affected promptly notifies the other of such delay,
then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of its obligations, and the delivery schedule will be adjusted to
account for the delay.
(c) Option to Terminate. If the period of suspension or reduction of operations will extend for more than four (4) consecutive months or periods of suspension or reduction total more than 6 months in any 12 month period, then either Buyer or Seller may terminate
this Agreement.
(d) Strikes On-Site. Notwithstanding anything herein to the contrary, in the event a strike, lockout, labor, union or other industrial disturbance at Buyer's site affects, delays, disrupts or prevents Seller's performance of this Agreement, Seller shall be entitled to a
Change Order containing an appropriate adjustment in the contract price and delivery schedule.
21 .INDEMNIFICATION AND INSURANCE
(a) Indemnification. Seller agrees to defend and indemnify Buyer from and against any third-party claim for bodily injury or damage to tangible property ("Loss") arising in connection with the Products or the Services provided by Seller hereunder, but only to the
extent such Loss has been caused by the negligence, willful misconduct or other legal fault ("Fault") of Seller. Buyer shall promptly tender the defense of any such third-party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim,
provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyer's sole expense. Where such Loss results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity obligation shall be limited
to the proportion of the Loss that Seller's Fault bears to the total Fault.
(b) Insurance. Seller shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence and in the aggregate covering claims for bodily injury (including death) and physical property damage arising out of the Products or Services.
Seller shall also provide workers' compensation insurance or the like as required by the laws of the jurisdiction where the Services will be performed, and owned and non-owned auto liability insurance with limits of $1,000,000 combined single limit. Seller will
provide a Certificate of Insurance certifying the existence of such coverages upon request.
22 .GENERAL
(a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state, and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall not be
liable for failure of the Products to comply with any other specifications, standards, laws or regulations.
(b) This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consent of the other party shall
be void.
(c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products, Services and any prior course of
dealings or usage of the trade not expressly incorporated herein.
(d) This Agreement may be modified, supplemented,or amended onlyby a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure by
Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit, or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof.
(e) All terms of this Agreement which by their nature should apply after the cancellation, completion or termination of this Agreement shall survive and remain fully enforceable after any cancellation, completion, or termination hereof.
(f) (i) If Seller's office is located in the United States, this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Georgia. (ii) If Seller's office is located in Canada, this Agreement and the performance hereof
will be governed by and construed according to the laws of the Province of New Brunswick.
(g) (i) In the circumstances of f(i) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled by arbitration, to the exclusion of
courts of law, administered by the American Arbitration Association ("AAA") in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed and to which the parties declare they will adhere (the "AAA Rules"), and
judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Atlanta, Georgia by a
panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement of the two party appointed arbitrators. All arbitrators must be persons who are
not employees, agents, or former employees or agents of either party. In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will
be appointed by the AAA in accordance with the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the AAA
in accordance with the AAA Rules. (ii) In the circumstances of f(ii) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled under the
auspices of the Canadian Commercial Arbitration Centre ("CCAC"), by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time the Agreement is signed and to which the parties
declare they will adhere (the "CCAC Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The
arbitration shall be conducted in Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral tribunal and will be appointed by mutual agreement of
the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the dispute to
arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to
arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules.
(h) In the event this Agreement pertains to the sale of any goods outside the United States or Canada, the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement.
(i)The parties hereto have required that this Agreement be drawn up in English. Les parties aux présentes ont exigé que la présente convention soit rédigée en anglais.
Please do not hesitate to contact us if you require further information.
Yours sincerely
Andritz Separation Inc.
Date/ SignatureAknowledgement of order
ANDRITZ Separation Inc.Remit to:Wire instructions:
1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Abp
Arlington, TX 76001 USA Dept: 0312 New York Branch
P.O. Box 120312 SWIFT: NDEAUS3N
Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001
Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786
23
CONSENT AGENDA ITEM 301
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Capital Improvement Plan (CIP) - Roadway Resurfacing
SUMMARY
City Staff has prepared a proposal for the Capital Improvement Plan, approved by the
Commission, for the resurfacing of roads throughout the City. The total cost for
resurfacing by Middlesex Paving, LLC is $904,906.43. The procurement of the
pavement resurfacing contract was executed through a piggy-back contract between
Middlesex Paving, LLC and Seminole County.
FUNDING SOURCE
The total cost for resurfacing by Middlesex Paving, LLC is $940,906.43. Funding for this
project is budgeted in the Transportation Improvement Fund for FY 2025 within CIP
Resurfacing.
RECOMMENDATION
Staff requests the Commission approve the 2025 Capital Improvement Plan (CIP) for
resurfacing by Middlesex Paving, LLC totaling $940,906.43 and authorize the City
Manager and City Attorney to negotiate and execute agreements related to the
agenda item.
24
Middlesex Paving LLC
Pricing for Winter Springs FY 2025 Resurfacing
Road Name Road Length Avg. Road Width Number SY Tons Milling Cost -SY Paving Cost - Ton Total
(Ft.)(Ft.)#165 $7.65 $141.60
1 Eagles Nest Circle 985 20 2200 182 $16,830.00 $25,700.40 $42,530.40
2 Golfpoint Drive 315 20 700 58 $5,355.00 $8,177.40 $13,532.40
3 South Greenleaf Ct 900 20 2000 165 $15,300.00 $23,364.00 $38,664.00
4 Winter Springs Boulevard 700 18 1400 116 $10,710.00 $16,354.80 $27,064.80
5 Conesus Lane 632 20 1405 116 $10,748.25 $16,413.21 $27,161.46
6 Saranac Drive 402 20 894 74 $6,839.10 $10,443.71 $17,282.81
7 Wolverine Lane 1,222 20 2716 224 $20,777.40 $31,728.31 $52,505.71
8 Chokecherry Drive 907 20 2000 165 $15,300.00 $23,364.00 $38,664.00
9 Fox Den Court 355 20 790 65 $6,043.50 $9,228.78 $15,272.28
10 Chokecherry Drive 522 24 1392 115 $10,648.80 $16,261.34 $26,910.14
11 Turkey Hollow Circle 520 20 1156 95 $8,843.40 $13,504.39 $22,347.79
12 Cheoy Lee Circle (Black Base)340 20 756 62 $5,783.40 $8,831.59 $14,614.99
13 Maple Leaf Loop 172 20 382 32 $2,922.30 $4,462.52 $7,384.82
14 Highlands Glen Circle 708 20 1574 130 $12,041.10 $18,387.47 $30,428.57
15 Holiday Lane 876 20 1947 161 $14,894.55 $22,744.85 $37,639.40
16 Sailfish Road 1,010 20 2244 185 $17,166.60 $26,214.41 $43,381.01
17 West Panama Road 1,076 22 2630 217 $20,119.50 $30,723.66 $50,843.16
18 Murphy Road 1,925 24 5133 423 $39,267.45 $59,963.71 $99,231.16
19 North Alderwood Street 808 23 2065 170 $15,797.25 $24,123.33 $39,920.58
20 Brookside Drive 1,465 20 3256 269 $24,908.40 $38,036.59 $62,944.99
21 Central Winds Parkway 2,075 22 5072 418 $38,800.80 $59,251.10 $98,051.90
22 Blumberg Boulevard 1,600 20 3555 293 $27,195.75 $41,529.51 $68,725.26
$0.00 $0.00 $0.00
Totals 45267 3735 $346,292.55 $528,809.09 $875,101.64
MOT (Not to excess $1500 per day)14 Days $1500.00 per day $21,000.00
Mobilization (5% of Total Paving Cost)$44,805.08
Grand Total $940,906.73
Additional Cost:
25
December 11, 2024
Middlesex Paving, LLC.
10801 Cosmonaut Boulevard
Orlando, Florida 32824
Re: Time Extension for IFB-603616-19/BJC– Pavement Management Program for
Seminole County
To Whom It May Concern:
Pursuant to Seminole County Purchasing Code Section 3.554(4), this notice shall serve as
authorization to extend the above agreement from December 25, 2024 through March
25, 2025 as approved by the Seminole County Board of County Commissioners. Current
pricing, terms and conditions shall remain the same.
Please remember to keep this office up to date with a current certificate of insurance with
the above contract number referenced on the certificate as required in the original,
contract agreement.
Appropriate County departments and divisions will be notified of this Contract extension
action.
Thank you for your interest in doing business with Seminole County. If you have any
questions or need further assistance, please contact our office.
Sincerely,
Rachel Horne
Procurement Analyst I
cc: Public Works-Roads & Stormwater
County Comptroller’s Office
County Attorney’s Office
Commission Records
File
1301 East Second Street Sanford FL 32771 Telephone (407) 665-7116 Fax (407) 665-7956
www.seminolecountyfl.gov/purchasing
26
_________________________________________
First Amendment to IFB-603616-19/BJC
Page 1 of 2
FIRST AMENDMENT TO TERM CONTRACT
FOR PAVEMENT MANAGEMENT PROGRAM SERVICES
(IFB-603616-19/BJC)
THIS FIRST AMENDMENT is made and entered into this _____ day of
________________, 20_____, and is to that certain Agreement made and entered into on the 26th
day of December, 2019, between MIDDLESEX PAVING LLC, whose principal address is
10801 Cosmonaut Boulevard, Orlando, Florida 32824, in this Amendment referred to as
“CONTRACTOR”, and SEMINOLE COUNTY, a charter county and political subdivision of the
State of Florida, whose address is Seminole County Services Building, 1101 E. 1st Street, Sanford,
Florida 32771, in this Amendment referred to as “COUNTY”.
W I T N E S S E T H:
WHEREAS, CONTRACTOR and COUNTY entered into the above referenced Agreement
on December 26, 2019, to provide Pavement Management Program services in Seminole County;
and
WHEREAS, the parties desire to amend the Agreement in order to revise the Scope of
Services and Fee Structure, and to enable both parties to continue to enjoy the mutual benefits the
Agreement provides; and
WHEREAS, Section 21 of the Agreement provides that any amendments will be valid only
when expressed in writing and duly signed by the parties.
NOW, THEREFORE, in consideration of the mutual understandings and agreements
contained in this First Amendment, the parties agree to amend the Agreement as follows:
1. Exhibit A of the Agreement is deleted and replaced by the new Scope of Services and
Fee Structure attached to this First Amendment as Exhibit A.
27
_________________________________________
First Amendment to IFB-603616-19/BJC
Page 2 of 2
2. Except as modified by this First Amendment, all terms and conditions of the original
Agreement remain in full force and effect for the term of the Agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment for the purposes
stated above.
ATTEST: MIDDLESEX PAVING LLC
_____________________________ By: ____________________________________
Witness ROBERT W. PEREIRA, II
______________________________ President, Managing Member
Print Name
Date: __________________________________
______________________________
Witness
______________________________
SEMINOLE COUNTY, FLORIDA
_____________________________ By: ____________________________________
Witness TAMMY ROBERTS,
______________________________ Procurement Administrator
Print Name
Date: ____________________________________
______________________________
Witness
______________________________
Print Name
For the use and reliance of Within the authority delegated by the County
Seminole County only. Manager pursuant to Section 3.554, Seminole
County Administrative Code.
Approved as to form and
legal sufficiency.
______________________________
County Attorney
GLK/lpk
5/3/23
T:\Users\Legal Secretary CSB\Purchasing 2023\IFB-603616 1am (Middlesex).docx
Attachment:
Exhibit A – Scope of Services and Fee Structure
28
IFB-603616-19/BJC – Pavement Management Program
EXHIBIT A
Scope of Services
Seminole County Specification Hierarchy: All requirements set forth by this IFB contract shall adhere
to the rules and conditions described in Seminole County’s General Conditions for Road, Bridge & Utility
Construction http://www.seminolecountyfl.gov/fs/purchasing/pdf/800roads.pdf. In addition, the attached
Supplemental Specifications for this contract shall take priority to the County’s General Condition as they
are specific to the pay items and basis of payment for this contract. Bidder must be Florida Department
of Transportation (FDOT) Prequalified in the following categories:
Hot Plant-mixed Bituminous Courses
Flexible Paving
PAY ITEM NOTES
GROUP I – Asphaltic Concrete
Superpave Asphaltic Concrete
Included in the price of asphalt will be cost of all work and materials associated with the following
items:
105 Quality Control; 300 Tack, Prime and Sand. (Section 334).
Basis of payment shall be under:
Items No. 334-1-xx Superpave Asphaltic Concrete - per ton.
Asphalt Concrete Friction Course
Included in the price of asphalt will be cost of all work and materials associated with the following
items:
105 Quality Control; 300 Tack, Prime and Sand. (Section 337).
Basis of payment shall be under:
Items No. 337-7-xx Asphalt Concrete Friction Course - per ton.
Miscellaneous Asphalt Pavement
Included in the price of miscellaneous asphalt will be the cost of all work and materials associated
with the following items:
105 Quality Control. (Section 339).
Basis of payment shall be under:
Item No. 339-1 Miscellaneous Asphalt Pavement - per ton.
Notes:
104 Erosion Control; 107 Litter Removal and Mowing; 110 Clearing and Grubbing; shall be
included in the bid price for top lift of asphalt, and included in one of the items listed above.
Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice
to the Engineer/CCEI.
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IFB-603616-19/BJC – Pavement Management Program
GROUP II – Sand and Seal
Prime and Tack Coats for Base Courses
The pay item for Prime and Sand shall be a maintenance pay item only. Basis of payment shall be
per square yard. The application of Prime and Sand or Tack on paving projects shall be included in
the bid price of the asphalt under the 334 and 337 pay items. (Section 916).
Basis of payment shall be under:
Item No. 2-1 Prime and Sand - per square yard.
Asphalt Membrane Interlayer
The pay item for Asphalt Membrane Interlayer includes cost of all work, materials, equipment, and
incidentals associated with the application of asphalt binder material covered with a single application
of aggregate, as specified in Section 341.
Basis of payment shall be under:
Item No. 341-1-1 Asphalt Membrane Interlayer - per square yard.
GROUP III – Milling Existing Asphalt
Milling Existing Asphalt Pavement (Contractor)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of the Contractor. (Section 327).
Basis of payment shall be under:
Item No. 327-70A Milling Existing Asphalt Pavement - per square yard.
Milling Existing Asphalt Pavement (Yankee Lake)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County, to be delivered by the Contractor to 501 Yankee Lake Rd, Sanford.
(Section 327).
Basis of payment shall be under:
Item No. 327-70B Milling Existing Asphalt Pavement (Yankee Lake) - per square yard.
Milling Existing Asphalt Pavement (Oviedo Yard)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
property of Seminole County, to be delivered by the Contractor to 1620 N. County Rd 426, Oviedo.
(Section 327).
Basis of payment shall be under:
Item No. 327-70C Milling Existing Asphalt Pavement (Oviedo Yard) - per square yard.
Milling Existing Asphalt Pavement (5 Points Yard)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County, to be delivered by the Contractor to 4170 S. Orlando Dr. Sanford.
(Section 327).
Basis of payment shall be under:
Item No. 327-70D Milling Existing Asphalt Pavement (5 Points Yard) - per square yard.
Milling Existing Asphalt Pavement (Relocate)
The basis of payment for milling shall be determined by multiplying the contract unit bid price (per
square yard-inch) by the required mill depth (inches) from the individual project bid solicitation. The
ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied
by the individual project thickness in inches. The milling material under this pay item will become the
property of Seminole County and is to be delivered by the Contractor to any location specified that is
within 5 miles of the project limits. (Section 327).
Basis of payment shall be under:
Item No. 327-70E Milling Existing Asphalt Pavement (Relocate) - per square yard.
Note:
Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice
to the Engineer/CCEI.
GROUP IV
Temporary Retroflective Pavement Markers (RPM)
Price for Temporary RPM shall include layout, materials and application of temporary RPM to
supplement temporary lane lines. Payment shall be based on final measurements of RPM’s.
(Section 102).
Basis of payment shall be under:
Item No. 102-78 Temporary Retroflective Pavement Markers - each.
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
Temporary Pavement Markings
Price for Temporary Pavement Markings shall include layout, materials and application of paint and/or
removable tape. Payment shall be based on final measurements of removable tape, painted stripes,
or painted messages. (Section 102 & 710).
Basis of payment shall be under:
Item No. 102-911-2 Removable Tape (White/Black) - 6" - per foot.
Item No. 102-912-2 Removable Tape (Yellow) - 6" - per foot.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, Solid - per foot.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Message - each.
Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Arrow - each.
GROUP V – Miscellaneous Items
Liquidated Damages (LD)
This item (LD) is a project specific item to be used with a predetermined number of contract days for
time of completion. All pertinent project information, including identification of roadway type
(major/minor) and number of contract days shall be included in the bid solicitation documents. Any
project exceeding the allowable contract days will be subject to LD’s as determined by the
Engineer/CCEI.
End of Project punch list NOT completed within 30 days will be subject to LD’s as determined by the
Engineer/CCEI.
Time and weather shall be tracked and documented according to guidelines set by the FDOT
Standard Specifications and amended in these contract documents.
General Conditions Sub-Section 3.2 is amended to include Article 5-2 of the 2019 FDOT Standard
Specifications for Road and Bridge Construction regarding governing order of documents.
General Conditions Sub-Section 6.2.3: Work hours of 7:00 AM to 6:00 PM are amended to: 8:30 AM
to 4:30 PM Monday thru Friday for daytime work, and 8:00 PM to 6:00 AM Sunday thru Thursday for
nighttime work, and can be superseded by the bid solicitation documents as required. Any work
performed outside of the hours stated in the bid solicitation will NOT be accepted or paid for without
prior approval or authorization of the Engineer/CCEI.
General Conditions Sub-Section 6.42 and 6.43: Work suspensions, contractor vacations, and
holidays are NOT included in the computation of contract time and will not be considered for time
extensions.
General Conditions Sub-Sections 11.9.2 and 12.1.1.1.3: No days have been included in the
Construction time estimate for utility adjustments. Time extensions will be granted, on a day for day
basis, for delays caused by utility adjustments by others only if no other work can be completed during
such time. Time extensions may be granted, on a day for day basis, for delays caused by the effects
of rains or other inclement weather conditions only after 5 (five) weather days and if no other work
can be completed during such time. Time extension due to weather shall be reviewed and approved
by the Engineer/CCEI on a case-by-case basis. Time extensions granted under these sub-sections
shall not be applied to MOT days specified in item 102-1 of the bid solicitation documents.
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
It is noted that Sub-Section 6-1.3 of the 2019 FDOT Standard Specifications regarding material
certifications, shall apply to this contract and shall not be superseded by the General Conditions.
Payment for LD is set at a rate of (-) $500.00 for each day for minor streets/roads.
Payment for LD is set at a rate of (-) $1000.00 for each day for major roads.
A roadway is determined to be a minor street/road if it has an ADT less than 4,000 vehicles per day;
otherwise it is considered a major road.
Basis of payment shall be under:
Item No. 5-1 Liquidated Damages LD (For Major Roads) – per day.
Item No. 5-2 Liquidated Damages LD (For Minor Streets/Roads) – per day.
Mobilization Charge
These items are intended to be used for two types of mobilization. Routine mobilization on projects
shall include all labor, equipment, and material specified in Section 101. The price bid for routine
mobilization shall not exceed 5% of the contract total. Emergency mobilization is also included to
address special 24-hour emergency circumstances only. (Section 101).
Basis of payment shall be under:
Item No. 101-1 Mobilization Charge - each.
Item No. 101-2 Mobilization Charge for 24-hour emergency response - each.
Maintenance of Traffic (MOT)
The price for MOT shall be on a per day basis and shall be for a time not exceeding the MOT days
specified in item 102-1 in the bid solicitation documents. Items included in this pay item will be the
Arrow Board, required signs, channelizing devices, flaggers and other miscellaneous items typically
required to maintain traffic.
Time extensions that may be granted for delays due to utility adjustments and/or inclement weather
conditions will NOT be applied to the MOT days specified in item 102-1 the bid solicitation documents.
NO compensation will be made for time that exceeds the MOT days specified in item 102-1 of the bid
solicitation documents. The price bid for MOT shall not exceed $1500 per day. (Section 102).
Basis of payment shall be under:
Item No. 102-1 Maintenance of Traffic – per day.
Traffic Control Officer
The use of a Traffic Control Officer is defined in Section 102-7, as approved by the Engineer/CCEI.
Payment shall be per hour (2 hour minimum) and based on the hours worked by the officer as
recorded by the Engineer/CCEI. (Section 102).
Basis of payment shall be under:
Item No. 102-14 Traffic Control Officer – per hour.
Portable Changeable Message Sign (PCMS)
The use of PCMS shall be at the discretion and approval of the Engineer/CCEI. Payment shall be
based on the number of signs certified as installed/used on the project as recorded by the
Engineer/CCEI. (Section 102).
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
Basis of payment shall be under:
Item No. 102-99 Portable Changeable Message Sign – each day.
Rework Existing Asphalt Pavement
This item is intended to make corrections to existing asphalt surfaces using indirect heat primarily to
facilitate drainage and eliminate ponding on existing asphalt roadways.
Basis of payment shall be under:
Item No. 324-1 Rework Existing Asphalt Pavement – per square yard.
Manhole and Water Valve Ring Adjustment
The price of this item is for removal/replacement/installation of a manhole riser ring or water valve
cover to match the final asphalt surface. (Section 425).
Basis of payment shall be under:
Item No. 425-6 Water Valve or Similar Cover Adjustment - each.
Item No. 425-7 Manhole Ring Adjustment - each.
Asphaltic Concrete Curb
The price of this item is for the installation of asphalt curb. Maximum cross-sectional area of 0.5
square feet. (Section 525).
Basis of payment shall be under:
Item No. 525-1 Asphaltic Concrete Curb – per linear foot.
GROUP VI
FOB – Items
Price for all items in this group will either be picked up at the asphalt plant by the County or delivered
by the contractor where needed for Job Site items. (Section 320; 334 & 337).
Basis of payment shall be under:
Item No. 6-1 SP-12.5 Asphaltic Concrete, Traffic C – per ton.
Item No. 6-2 SP-9.5 Asphaltic Concrete, Traffic C – per ton.
Item No. 6-3 Asphaltic Concrete Friction Course, Traffic C, FC-12.5 (PG 76-22) – per ton.
Item No. 6-4 Asphaltic Concrete Friction Course, Traffic C, FC 9.5 (PG 76-22) – per ton.
Item No. 6-5 Asphalt Milling Material – per ton.
Item No. 6-6 Tack Type RS-1/RS-2 – per gallon.
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
GROUP VII
Regular Excavation
The price for this item includes the grading excavation and removal of all materials.
(Section 120).
Basis of payment shall be under:
Items No. 120-1 Regular Excavation - per cubic yard.
Embankment
The price for this item includes all materials required to build an embankment.
(Section 120).
Basis of payment shall be under:
Item No. 120-6 Embankment- per cubic yard.
Flowable Fill
This item is intended to fill voids, stabilize shoulders on roadway or other location that may require a
method of permanently addressing areas of concern, includes all labor, equipment and materials.
(Section 121).
Basis of payment shall be under:
Item No. 121-70 Flowable Fill – per cubic yard.
Type-B Stabilization
The price for Stabilized Sub-grade includes all labor, equipment and materials that will be required to
construct and test a 12” Stabilized Sub-grade as specified by (Section 160).
Basis of payment shall be under:
Item No. 160-4 12” Type-B Stabilization LBR 40 – per square yard.
Base
The price for road base shall include all labor, equipment and materials that will be required to
construct road base Group (1, 6, & 9). Base groups 1 and 6 shall consist of limerock (LBR 100) only.
Base group 9 shall consist of limerock (LBR 100) or 6” Type B-12.5, as specified by the bid
documents. (Section 285).
Basis of payment shall be under:
Item No. 285-xxx Base Group- x - per square yard.
Performance Turf, Sod
The price for this item includes all work necessary to prepare the surface and place sod in areas
indicated in the bid solicitation. (Section 570).
Basis of payment shall be under:
Item No. 570-1-2 Performance Turf, Sod – per square yard.
Amendment 1
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IFB-603616-19/BJC – Pavement Management Program
Shoulder Rework
The price for this item includes the grading and mixing of roadway shoulders according to FDOT
Design Standard Index 105. Sodding of shoulder rework area is included in this item.
Basis of payment shall be under:
Item No. 577-70 Shoulder Rework - per square yard.
NOTES:
Performance Bond, Payment Bond and Materials and Workmanship Bonds will be required for
this project.
Amendment 1
36
IFB-603616-19/BJC - Pavement Management Program
Name of Bidder:Middlesex Paving, LLC.
Mailing Address:One Spestacle Pond Road, Littleton, MA 01460
Street Address:10801 Cosmonaut Blvd.
City/State/Zip:Orlando, Florida 32824
Phone Number:(407) 206-0077 FAX Number:(407) 206-3558
E-Mail Address:dsocci@middlesexco.com & jmeier@middlesexco.com
costs, including but not limited to:
General Administrative Overhead, fringe and benefits and profit, all documentation
required for operation, delivery / transportation of unit(s) to the County's delivery
address, indirect costs, i.e., insurance, ect., and indirect labor costs.
Group I - Asphalt Subtotal:33,646,080.00$
Group II - Sand and Seal in-place Subtotal:177,150.00$
Group III - Milling Subtotal:1,331,400.00$
Group IV - Striping Subtotal:117,390.00$
Group V - Miscellaneous Items Subtotal:171,750.00$
Group VI - Asphalt Materials (materials only)Subtotal:436,800.00$
Group VII - Earthwork Subtotal:2,152,800.00$
TOTAL BID:
Performance/Payment/Material-Workmanship Bonds Costs:238,750.00$
(Do not include in Unit Costs)
Part 4
Price Submittal
38,033,370.00$
Prusuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to
provide and furnish any and all of the labor, material, tools, equipment, incidentals and
transportation services necessary to complete all of the Work required in connection with the
Bid Documents for the amount hereinafter set forth. Bidder declares that the only persons or
parties interested in this bid as principals are those named herein; that this bid is made without
collusion with any person, firm or corperation; and he proposes and agrees, if the bid is
accepted, that he / she will accept to enter into an Ageement with the COUNTY in the form set
forth in the Purchase Order and solicitation Documents. The cost of the units shall include all
Amendment 1
37
Group I: Asphalt Concrete and Friction Course in-place
Pay Item
No.Item Description 0-50 Tons/Job 0-50 Tons/Job +20 51-400 Tons/Job 51-400 Tons/Job +20%401-2000 Tons/Job 401-2000 Tons/Job +20%2001-4000 Tons/Job 2001-4000 Tons/Job 20%Over 4000 Tons/Job Over 4000 Tons/Job +20%Sum of Extended Costs
334-1-12 Superpave Asphaltic Estimated 50 Tons Estimated 50 Tons Estimated 300 Tons Estimated 300 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Concrete
Traffic Level B $ 450.00 /Ton $ 540.00 /Ton $ 200.00 /Ton $ 240.00 /Ton $ 130.00 /Ton $ 156.00 /Ton $ 128.00 /Ton $ 153.60 /Ton $ 125.00 /Ton $ 150.00 /Ton 1,863,480.00$
Total: $ 22,500.00 Total: $ 27,000.00 Total: $ 60,000.00 Total: $ 72,000.00 Total: $ 234,000.00 Total: $ 280,800.00 Total: $ 486,400.00 Total: $ 583,680.00 Total: $ 750,000.00 Total: $ 900,000.00
334-1-13 Superpave Asphaltic Estimated 100 Tons Estimated 100 Tons Estimated 600 Tons Estimated 600 Tons Estimated 2,600 Tons Estimated 2,600 Tons Estimated 6,000 Tons Estimated 6,000 Tons Estimated 18,000 Tons Estimated 18,000 Tons
Concrete
Traffic Level C $ 450.00 /Ton $ 540.00 /Ton $ 200.00 /Ton $ 240.00 /Ton $ 120.00 /Ton $ 144.00 /Ton $ 118.00 /Ton $ 141.60 /Ton $ 115.00 /Ton $ 138.00 /Ton 3,906,000.00$
Total: $ 45,000.00 Total: $ 54,000.00 Total: $ 120,000.00 Total: $ 144,000.00 Total: $ 312,000.00 Total: $ 374,400.00 Total: $ 708,000.00 Total: $ 849,600.00 Total: $ 2,070,000.00 Total: $ 2,484,000.00
334-1-52 Superpave Asphaltic Estimated 50 Tons Estimated 50 Tons Estimated 300 Tons Estimated 300 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Concrete
Traffic Level B $ 500.00 /Ton $ 600.00 /Ton $ 250.00 /Ton $ 300.00 /Ton $ 155.00 /Ton $ 186.00 /Ton $ 150.00 /Ton $ 180.00 /Ton $ 145.00 /Ton $ 174.00 /Ton 2,182,800.00$
(PG 76-22)
Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 75,000.00 Total: $ 90,000.00 Total: $ 279,000.00 Total: $ 334,800.00 Total: $ 570,000.00 Total: $ 684,000.00 Total: $ 870,000.00 Total: $ 1,044,000.00
334-1-53 Superpave Asphaltic Estimated 100 Tons Estimated 100 Tons Estimated 600 Tons Estimated 600 Tons Estimated 2,600 Tons Estimated 2,600 Tons Estimated 8,000 Tons Estimated 8,000 Tons Estimated 20,000 Tons Estimated 20,000 Tons
Concrete
Traffic Level C $ 500.00 /Ton $ 600.00 /Ton $ 250.00 /Ton $ 300.00 /Ton $ 155.00 /Ton $ 186.00 /Ton $ 145.00 /Ton $ 174.00 /Ton $ 140.00 /Ton $ 168.00 /Ton 5,475,600.00$
(PG 76-22)
Total: $ 50,000.00 Total: $ 60,000.00 Total: $ 150,000.00 Total: $ 180,000.00 Total: $ 403,000.00 Total: $ 483,600.00 Total: $ 1,160,000.00 Total: $ 1,392,000.00 Total: $ 2,800,000.00 Total: $ 3,360,000.00
334-1-57 Superpave Asphaltic Estimated 80 Tons Estimated 80 Tons Estimated 300 Tons Estimated 300 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Concrete
Traffic Level C $ 650.00 /Ton $ 780.00 /Ton $ 325.00 /Ton $ 390.00 /Ton $ 200.00 /Ton $ 240.00 /Ton $ 180.00 /Ton $ 216.00 /Ton $ 175.00 /Ton $ 210.00 /Ton 2,692,200.00$
High Polymer
Total: $ 52,000.00 Total: $ 62,400.00 Total: $ 97,500.00 Total: $ 117,000.00 Total: $ 360,000.00 Total: $ 432,000.00 Total: $ 684,000.00 Total: $ 820,800.00 Total: $ 1,050,000.00 Total: $ 1,260,000.00
337-7-82 Asphalt Concrete Estimated 100 Tons Estimated 100 Tons Estimated 400 Tons Estimated 400 Tons Estimated 2,000 Tons Estimated 2,000 Tons Estimated 6,000 Tons Estimated 6,000 Tons Estimated 8,000 Tons Estimated 8,000 Tons
Friction Course
Traffic Level C $ 500.00 /Ton $ 600.00 /Ton $ 250.00 /Ton $ 300.00 /Ton $ 175.00 /Ton $ 210.00 /Ton $ 175.00 /Ton $ 210.00 /Ton $ 165.00 /Ton $ 198.00 /Ton 3,444,000.00$
FC-9.5 (PG 76-22)
Total: $ 50,000.00 Total: $ 60,000.00 Total: $ 100,000.00 Total: $ 120,000.00 Total: $ 350,000.00 Total: $ 420,000.00 Total: $ 1,050,000.00 Total: $ 1,260,000.00 Total: $ 1,320,000.00 Total: $ 1,584,000.00
337-7-83 Asphalt Concrete Estimated 100 Tons Estimated 100 Tons Estimated 600 Tons Estimated 600 Tons Estimated 2,600 Tons Estimated 2,600 Tons Estimated 8,000 Tons Estimated 8,000 Tons Estimated 20,000 Tons Estimated 20,000 Tons
Friction Course
Traffic Level C $ 500.00 /Ton $ 600.00 /Ton $ 250.00 /Ton $ 300.00 /Ton $ 160.00 /Ton $ 192.00 /Ton $ 150.00 /Ton $ 180.00 /Ton $ 145.00 /Ton $ 174.00 /Ton 5,659,200.00$
FC-12.5 (PG 76-22)
Total: $ 50,000.00 Total: $ 60,000.00 Total: $ 150,000.00 Total: $ 180,000.00 Total: $ 416,000.00 Total: $ 499,200.00 Total: $ 1,200,000.00 Total: $ 1,440,000.00 Total: $ 2,900,000.00 Total: $ 3,480,000.00
337-7-85 Asphalt Concrete Estimated 50 Tons Estimated 50 Tons Estimated 300 Tons Estimated 300 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Friction Course
Traffic Level D $ 500.00 /Ton $ 600.00 /Ton $ 250.00 /Ton $ 300.00 /Ton $ 165.00 /Ton $ 198.00 /Ton $ 155.00 /Ton $ 186.00 /Ton $ 150.00 /Ton $ 180.00 /Ton 2,263,200.00$
FC-12.5 (PG 76-22)
Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 75,000.00 Total: $ 90,000.00 Total: $ 297,000.00 Total: $ 356,400.00 Total: $ 589,000.00 Total: $ 706,800.00 Total: $ 900,000.00 Total: $ 1,080,000.00
337-7-92 Asphalt Concrete Estimated 80 Tons Estimated 80 Tons Estimated 300 Tons Estimated 300 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Friction Course
Traffic Level C $ 650.00 /Ton $ 780.00 /Ton $ 325.00 /Ton $ 390.00 /Ton $ 215.00 /Ton $ 258.00 /Ton $ 205.00 /Ton $ 246.00 /Ton $ 205.00 /Ton $ 246.00 /Ton 3,054,600.00$
FC-9.5 High Polymer
Total: $ 52,000.00 Total: $ 62,400.00 Total: $ 97,500.00 Total: $ 117,000.00 Total: $ 387,000.00 Total: $ 464,400.00 Total: $ 779,000.00 Total: $ 934,800.00 Total: $ 1,230,000.00 Total: $ 1,476,000.00
337-7-93 Asphalt Concrete Estimated 80 Tons Estimated 80 Tons Estimated 400 Tons Estimated 400 Tons Estimated 1,800 Tons Estimated 1,800 Tons Estimated 3,800 Tons Estimated 3,800 Tons Estimated 6,000 Tons Estimated 6,000 Tons
Friction Course
Traffic Level C $ 650.00 /Ton $ 780.00 /Ton $ 325.00 /Ton $ 390.00 /Ton $ 210.00 /Ton $ 252.00 /Ton $ 200.00 /Ton $ 240.00 /Ton $ 200.00 /Ton $ 240.00 /Ton 3,024,000.00$
FC-12.5 High Polymer
Total: $ 52,000.00 Total: $ 62,400.00 Total: $ 130,000.00 Total: $ 156,000.00 Total: $ 378,000.00 Total: $ 453,600.00 Total: $ 760,000.00 Total: $ 912,000.00 Total: $ 1,200,000.00 Total: $ 1,440,000.00
339-1 Miscellaneous Asphalt Estimated 50 Tons Estimated 50 Tons Estimated 200 Tons Estimated 200 Tons
Pavement
$ 350.00 /Ton $ 420.00 /Ton $ 250.00 /Ton $ 300.00 /Ton 81,000.00$
Total: $ 17,500.00 Total: $ 21,000.00 Total: $ 50,000.00 Total: $ 60,000.00
33,646,080.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP I
Amendment 1
38
Group II: Sand and Seal in-place
Pay Item
No.Item Description 0-1000 SY/Job 0-1000 SY/Job +20%1001-2000 SY/Job 1001-2000 SY/Job +20%2001-3000 SY/Job 2001-3000 SY/Job +20%Over 3000 SY/Job Over 3000 SY/Job +20%Sum of Extended
Costs
2-1 Prime and Sand Estimated 500 SY Estimated 500 SY Estimated 1500 SY Estimated 1500 SY Estimated 2500 SY Estimated 2500 SY Estimated 3500 SY Estimated 3500 SY
$ 5.00 /SY $ 6.00 /SY $ 2.50 /SY $ 3.00 /SY $ 1.50 /SY $ 1.80 /SY $ 0.75 /SY $ 0.90 /SY 15,150.00$
(Section 916)Total: $ 2,500.00 Total: $ 3,000.00 Total: $ 3,750.00 Total: $ 4,500.00 Total: $ 3,750.00 Total: $ 4,500.00 Total: $ 2,625.00 Total: $ 3,150.00
341-1-1 Asphalt Membrane Estimated 500 SY Estimated 500 SY Estimated 1500 SY Estimated 1500 SY Estimated 2500 SY Estimated 2500 SY Estimated 3500 SY Estimated 3500 SY
Interlayer
$ 50.00 /SY $ 60.00 /SY $ 25.00 /SY $ 30.00 /SY $ 15.00 /SY $ 18.00 /SY $ 10.00 /SY $ 12.00 /SY 162,000.00$
(Section 341)Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 37,500.00 Total: $ 45,000.00 Total: $ 37,500.00 Total: $ 45,000.00 Total: $ 35,000.00 Total: $ 42,000.00
177,150.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP II
Amendment 1
39
Group III: Milling Existing Asphalt Pavement in-place
Pay Item
No.Item Description 0-1000 SY/Job 0-1000 SY/Job +20%1001-2000 SY/Job 1001-2000 SY/Job +20% 2001-3000 SY/Job 2001-3000 SY/Job +20%Over 3000 SY/Job Over 3000 SY/Job +20%Sum of Extended
Costs
327-70-A Milling Existing Asphalt Pvmt.Estimated 1,000 SY Estimated 1,000 SY Estimated 2,000 SY Estimated 2,000 SY Estimated 8,000 SY Estimated 8,000 SY Estimated 30,000 SY Estimated 30,000 SY
(Contractor's Plant)
Milled Material becomes $ 15.00 /SY Inch $ 18.00 /SY Inch $ 8.50 /SY Inch $ 10.20 /SY Inch $ 5.75 /SY Inch $ 6.90 /SY Inch $ 4.25 /SY Inch $ 5.10 /SY Inch 246,600.00$
property of the Contractor
Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 17,000.00 Total: $ 20,400.00 Total: $ 46,000.00 Total: $ 55,200.00 Total: $ 127,500.00 Total: $ 153,000.00
327-70-B Milling Existing Asphalt Pvmt.Estimated 1,000 SY Estimated 1,000 SY Estimated 3,000 SY Estimated 3,000 SY Estimated 10,000 SY Estimated 10,000 SY Estimated 40,000 SY Estimated 40,000 SY
(Yankee Lake Yard)
Milled Matlerial delivered to:$ 15.00 /SY Inch $ 18.00 /SY Inch $ 8.50 /SY Inch $ 10.20 /SY Inch $ 5.50 /SY Inch $ 6.60 /SY Inch $ 4.75 /SY Inch $ 5.70 /SY Inch 342,600.00$
501 Yankee Lake Rd.
Sanford FL, 32771 Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 25,500.00 Total: $ 30,600.00 Total: $ 55,000.00 Total: $ 66,000.00 Total: $ 190,000.00 Total: $ 228,000.00
327-70-C Milling Existing Asphalt Pvmt.Estimated 1,000 SY Estimated 1,000 SY Estimated 4,000 SY Estimated 4,000 SY Estimated 12,000 SY Estimated 12,000 SY Estimated 50,000 SY Estimated 50,000 SY
(Oviedo Yard)
Milled Material delivered to:$ 15.00 /SY Inch $ 18.00 /SY Inch $ 8.50 /SY Inch $ 10.20 /SY Inch $ 5.75 /SY Inch $ 6.90 /SY Inch $ 4.75 /SY Inch $ 5.70 /SY Inch 426,600.00$
1620 N. County Rd 426
Oviedo, FL 32765 Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 34,000.00 Total: $ 40,800.00 Total: $ 69,000.00 Total: $ 82,800.00 Total: $ 237,500.00 Total: $ 285,000.00
327-70-D Milling Existing Asphalt Pvmt.Estimated 1,000 SY Estimated 1,000 SY Estimated 2,000 SY Estimated 2,000 SY Estimated 6,000 SY Estimated 6,000 SY Estimated 20,000 SY Estimated 20,000 SY
(5 Points Yard)
Milled Material delivered to:$ 15.00 /SY Inch $ 18.00 /SY Inch $ 8.50 /SY Inch $ 10.20 /SY Inch $ 5.75 /SY Inch $ 6.90 /SY Inch $ 4.75 /SY Inch $ 5.70 /SY Inch 193,800.00$
4170 S. Orlando Drive
Sanford FL, 32773 Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 17,000.00 Total: $ 20,400.00 Total: $ 34,500.00 Total: $ 41,400.00 Total: $ 95,000.00 Total: $ 114,000.00
327-70-E Milling Existing Asphalt Pvmt.Estimated 1,000 SY Estimated 1,000 SY Estimated 2,000 SY Estimated 2,000 SY Estimated 4,000 SY Estimated 4,000 SY Estimated 10,000 SY Estimated 10,000 SY
(Relocate)
Milled Material delivered to:$ 15.00 /SY Inch $ 18.00 /SY Inch $ 8.50 /SY Inch $ 10.20 /SY Inch $ 5.50 /SY Inch $ 6.60 /SY Inch $ 4.75 /SY Inch $ 5.70 /SY Inch 121,800.00$
Location within 5 miles of
Project Limits Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 17,000.00 Total: $ 20,400.00 Total: $ 22,000.00 Total: $ 26,400.00 Total: $ 47,500.00 Total: $ 57,000.00
1,331,400.00$
Company Name: Middlesex Paving, LLC.
Road Construction Products & Related Materials
IFB-603616-19/BJC - Pavement Management Program Services
TOTAL FOR GROUP III
Amendment 1
40
Group IV: Temporary Pavement Marking in-place
Pay Item No.Item Description Estimated
Qty.Units Unit Cost Unit Cost +20%Sum of Extended Cost
102-78 Temporary Retroreflective Pavement Markers 2,000 EA 4.50$ 5.40$ 10,800.00$
102-911-2 Removable Tape, White/Black, Solid, 6"1,000 LF 2.50$ 3.00$ 3,000.00$
102-912-2 Removable Tape, Yellow, Solid, 6"1,000 LF 2.50$ 3.00$ 3,000.00$
710-11-121 Temporary Pavement Markings, Paint, White, Solid, 6"20,000 LF 0.75$ 0.90$ 18,000.00$
710-11-123 Temporary Pavement Markings, Paint, White, Solid, 12"4,000 LF 2.00$ 2.40$ 9,600.00$
710-11-125 Temporary Pavement Markings, Paint, White, Solid, 24"2,000 LF 4.00$ 4.80$ 9,600.00$
710-11-221 Temporary Pavement Markings, Paint, Yellow, Solid, 6"30,000 LF 0.75$ 0.90$ 27,000.00$
710-11-224 Temporary Pavement Markings, Paint, Yellow, Solid, 18"2,000 LF 3.50$ 4.20$ 8,400.00$
710-11-160-B Temporary Pavement Markings, Paint, White, Message, "SCHOOL"20 EA 150.00$ 180.00$ 3,600.00$
710-11-160-C Temporary Pavement Markings, Paint, White, Message, "MERGE"5 EA 150.00$ 180.00$ 900.00$
710-11-160-E Temporary Pavement Markings, Paint, White, Message, "RIGHT"10 EA 150.00$ 180.00$ 1,800.00$
710-11-160-F Temporary Pavement Markings, Paint, White, Message, "TRIAL"5 EA 150.00$ 180.00$ 900.00$
710-11-160-G Temporary Pavement Markings, Paint, White, Message, "XING"5 EA 150.00$ 180.00$ 900.00$
710-11-160-H Temporary Pavement Markings, Paint, White, Message, "LEFT"10 EA 150.00$ 180.00$ 1,800.00$
710-11-160-J Temporary Pavement Markings, Paint, White, Message, "TURN"5 EA 150.00$ 180.00$ 900.00$
710-11-160-K Temporary Pavement Markings, Paint, White, Message, "LANE"5 EA 150.00$ 180.00$ 900.00$
710-11-160-L Temporary Pavement Markings, Paint, White, Message, "ONLY"10 EA 150.00$ 180.00$ 1,800.00$
710-11-160-P Temporary Pavement Markings, Paint, White, Message, "RXR"20 EA 150.00$ 180.00$ 3,600.00$
710-11-170 Temporary Pavement Markings, Paint, White, Arrow (Single)50 EA 150.00$ 180.00$ 9,000.00$
710-11-170-A Temporary Pavement Markings, Paint, White, Arrow (Turn & Thru)10 EA 150.00$ 180.00$ 1,800.00$
710-11-180 Temporary Pavement Markings, Paint, White, Yeild Line 10 LF 7.50$ 9.00$ 90.00$
117,390.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP IV
Amendment 1
41
Group V: Misc. Items - LD's, Mobilization, MOT, Traffic Control Officer, PCMS, Rework Exist. Asph., Utility Valve & MH Adjust, Asph. Curb
Pay Item No.Description Quantity Quantity +20%Sum of Extended Cost
5-1 Liquidated Damages LD (For Major Roads)Estimated 1 Each per Project Estimated 1 Each per Project
(For use on Projects having a defined number of contract days for time of -1,000.00 ED -1,000.00 ED Do Not Include this Item in Bid Total
completion as advertised in the individual bid solicitation for that Project.)Total: -$1,000.00 Total: -$1,000.00
5-2 Liquidated Damages LD (For Minor Streets/Roads)Estimated 1 Each per Project Estimated 1 Each per Project
(For use on Projects having a defined number of contract days for time of -$500.00 ED -$500.00 ED Do Not Include this Item in Bid Total
completion as advertised in the individual bid solicitation for that Project.)Total: -$500.00 Total: -$500.00
101-1 Mobilization Charge (not to exceed 5% of contract total) Estimated 1 Each per Project Estimated 1 Each per Project
Includes all Labor, Equipment and Materials.Not to Exceed 5% of Contract Total Not to Exceed 5% of Contract Total Do Not Include this Item in Bid Total
101-2 Mobilization Charge for 24-hour Emergency Response. Estimated 1 EA per Responce Estimated 1 EA per Responce
Includes all Labor, Equipment and Materials $ 15,000.00 /EA $ 18,000.00 /EA 15,000.00$
102-1 Maintenance of Traffic Estimated 30 ED Estimated 30 ED
Includes all Labor, Equipment and Materials. $ 1,500.00 /ED $ 1,500.00 /ED 45,000.00$
(not to exceed $1500 per day)
102-14 Traffic Control Officer Estimated 100 HR Estimated 100 HR
2 Hours Minimum + Travel Time $ 95.00 /HR $ 114.00 /EA 9,500.00$
102-99 Portable Changeable Message Sign Estimated 1,000 ED Estimated 1,000 ED
$ 35.00 /ED $ 42.00 /EA 35,000.00$
324-1 Rework Existing Asphalt Pavement Estimated 800 SY Estimated 800 SY
Using Indirect Heat $ 45.00 /SY $ 54.00 /EA 36,000.00$
425-6 Water Valve or Similar Cover Adjustment Estimated 25 EA Estimated 25 EA
$ 125.00 /EA $ 150.00 /EA 3,125.00$
425-7 Manhole Ring Adjustment Estimated 25 EA Estimated 25 EA
$ 225.00 /EA $ 270.00 /EA 5,625.00$
525-1 Asphaltic Concrete Curb Estimated 500 LF Estimated 500 LF
$ 45.00 /LF $ 54.00 /EA 22,500.00$
171,750.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP V
Amendment 1
42
Group VI: Asphalt Materials - FOB @ Plant and FOB to Job Site
Pay Item No.Description FOB
Plant
FOB
Plant
FOB
Job Site
FOB
Job Site Sum of Extended Cost
6-1 SP-12.5 Hot Mix Asphaltic Concrete Estimated 1000 Tons Estimated 1000 Tons Estimated 200 Tons Estimated 200 Tons
Traffic Level C $ 75.00 /Ton $ 90.00 /Ton $ 95.00 /Ton $ 114.00 /Ton 112,800.00$
(Section 334)Total: $ 75,000.00 Total: $ 90,000.00 Total: $ 19,000.00 Total: $ 22,800.00
6-2 SP-9.5 Hot Mix Asphaltic Concrete Estimated 1000 Tons Estimated 1000 Tons Estimated 200 Tons Estimated 200 Tons
Traffic Level C $ 80.00 /Ton $ 96.00 /Ton $ 100.00 /Ton $ 120.00 /Ton 120,000.00$
(Section 334)Total: $ 80,000.00 Total: $ 96,000.00 Total: $ 20,000.00 Total: $ 24,000.00
6-3 Asphalt Concrete Friction Course Estimated 200 Tons Estimated 200 Tons Estimated 200 Tons Estimated 200 Tons
Traffic Level C $ 125.00 /Ton $ 150.00 /Ton $ 150.00 /Ton $ 180.00 /Ton 66,000.00$
FC-12.5 (PG 76-22) (Section 337)Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 30,000.00 Total: $ 36,000.00
6-4 Asphalt Concrete Friction Course Estimated 200 Tons Estimated 200 Tons Estimated 200 Tons Estimated 200 Tons
Traffic Level C $ 125.00 /Ton $ 150.00 /Ton $ 150.00 /Ton $ 180.00 /Ton 66,000.00$
FC-9.5 (PG 76-22) (Section 337)Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 30,000.00 Total: $ 36,000.00
6-5 Asphalt Milling Material Estimated 500 Tons Estimated 500 Tons Estimated 500 Tons Estimated 500 Tons
$ 40.00 /Ton $ 48.00 /Ton $ 60.00 /Ton $ 72.00 /Ton 60,000.00$
Total: $ 20,000.00 Total: $ 24,000.00 Total: $ 30,000.00 Total: $ 36,000.00
6-6 Tack Type RS-1/RS-2 Estimated 1000 Gallons Estimated 1000 Gallons
$ 10.00 /Gal $ 12.00 /Ton 12,000.00$
(Section 300)Total: $ 10,000.00 Total: $ 12,000.00
436,800.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP VI
Amendment 1
43
Group VII: Earthwork
Pay Item
No.Description 0-50 CY/Job 0-50 CY/Job +20%51-100 CY/Job 51-100 CY/Job +20%101-500 CY/Job 101-500 CY/Job +20%Over 500 CY/Job Over 500 CY/Job +20%Sum of Extended
Cost
120-1 Regular Excavation Estimated 50 CY Estimated 50 CY Estimated 100 CY Estimated 100 CY Estimated 500 CY Estimated 500 CY Estimated 800 CY Estimated 800 CY
$ 150.00 /CY $ 180.00 /CY $ 75.00 /CY $ 90.00 /CY $ 50.00 /CY $ 60.00 /CY $ 35.00 /CY $ 42.00 /CY 81,600.00$
Total: $ 7,500.00 Total: $ 9,000.00 Total: $ 7,500.00 Total: $ 9,000.00 Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 28,000.00 Total: $ 33,600.00
120-6 Embankment Estimated 50 CY Estimated 50 CY Estimated 100 CY Estimated 100 CY Estimated 500 CY Estimated 500 CY Estimated 800 CY Estimated 800 CY
$ 150.00 /CY $ 180.00 /CY $ 100.00 /CY $ 120.00 /CY $ 50.00 /CY $ 60.00 /CY $ 45.00 /CY $ 54.00 /CY 94,200.00$
Total: $ 7,500.00 Total: $ 9,000.00 Total: $ 10,000.00 Total: $ 12,000.00 Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 36,000.00 Total: $ 43,200.00
121-70 Flowable Fill Estimated 50 CY Estimated 50 CY Estimated 100 CY Estimated 100 CY
$ 400.00 /CY $ 480.00 /CY $ 300.00 /CY $ 360.00 /CY 60,000.00$
Total: $ 20,000.00 Total: $ 24,000.00 Total: $ 30,000.00 Total: $ 36,000.00
160-4 12 " Type B Stabilization Estimated 500 SY Estimated 500 SY Estimated 2000 SY Estimated 2000 SY Estimated 3000 SY Estimated 3000 SY Estimated 4000 SY Estimated 4000 SY
LBR 40
$ 35.00 /SY $ 42.00 /CY $ 32.00 /SY $ 38.40 /CY $ 28.00 /SY $ 33.60 /CY $ 25.00 /SY $ 30.00 /CY 318,600.00$
Total: $ 17,500.00 Total: $ 21,000.00 Total: $ 64,000.00 Total: $ 76,800.00 Total: $ 84,000.00 Total: $ 100,800.00 Total: $ 100,000.00 Total: $ 120,000.00
285-701 Base Group 01 Estimated 500 SY Estimated 500 SY Estimated 1000 SY Estimated 1000 SY Estimated 1500 SY Estimated 1500 SY Estimated 2000 SY Estimated 2000 SY
(4" Limerock LBR 100)
$ 35.00 /SY $ 42.00 /CY $ 25.00 /SY $ 30.00 /CY $ 22.00 /SY $ 26.40 /CY $ 22.00 /SY $ 26.40 /CY 143,400.00$
Total: $ 17,500.00 Total: $ 21,000.00 Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 33,000.00 Total: $ 39,600.00 Total: $ 44,000.00 Total: $ 52,800.00
285-706 Base Group 06 Estimated 500 SY Estimated 500 SY Estimated 1000 SY Estimated 1000 SY Estimated 1500 SY Estimated 1500 SY Estimated 2000 SY Estimated 2000 SY
(8" Limerock LBR 100)
$ 45.00 /SY $ 54.00 /CY $ 42.00 /SY $ 50.40 /CY $ 38.00 /SY $ 45.60 /CY $ 38.00 /SY $ 45.60 /CY 237,000.00$
Total: $ 22,500.00 Total: $ 27,000.00 Total: $ 42,000.00 Total: $ 50,400.00 Total: $ 57,000.00 Total: $ 68,400.00 Total: $ 76,000.00 Total: $ 91,200.00
285-709-A Base Group 09 Estimated 500 SY Estimated 500 SY Estimated 1000 SY Estimated 1000 SY Estimated 1500 SY Estimated 1500 SY Estimated 2000 SY Estimated 2000 SY
(10" Limerock LBR 100)
$ 60.00 /SY $ 72.00 /CY $ 55.00 /SY $ 66.00 /CY $ 50.00 /SY $ 60.00 /CY $ 50.00 /SY $ 60.00 /CY 312,000.00$
Total: $ 30,000.00 Total: $ 36,000.00 Total: $ 55,000.00 Total: $ 66,000.00 Total: $ 75,000.00 Total: $ 90,000.00 Total: $ 100,000.00 Total: $ 120,000.00
285-709-B Base Group 09 Estimated 500 SY Estimated 500 SY Estimated 2000 SY Estimated 2000 SY Estimated 3000 SY Estimated 3000 SY Estimated 4000 SY Estimated 4000 SY
(6'' Type B-12.5)
$ 75.00 /SY $ 90.00 /CY $ 65.00 /SY $ 78.00 /CY $ 60.00 /SY $ 72.00 /CY $ 55.00 /SY $ 66.00 /CY 681,000.00$
Total: $ 37,500.00 Total: $ 45,000.00 Total: $ 130,000.00 Total: $ 156,000.00 Total: $ 180,000.00 Total: $ 216,000.00 Total: $ 220,000.00 Total: $ 264,000.00
570-1-2 Performance Turf, Sod Estimated 500 SY Estimated 500 SY Estimated 1000 SY Estimated 1000 SY Estimated 1500 SY Estimated 1500 SY Estimated 2000 SY Estimated 2000 SY
$ 20.00 /SY $ 24.00 /CY $ 18.00 /SY $ 21.60 /CY $ 15.00 /SY $ 18.00 /CY $ 14.00 /SY $ 16.80 /CY 94,200.00$
Total: $ 10,000.00 Total: $ 12,000.00 Total: $ 18,000.00 Total: $ 21,600.00 Total: $ 22,500.00 Total: $ 27,000.00 Total: $ 28,000.00 Total: $ 33,600.00
577-70 Shoulder Rework Estimated 500 SY Estimated 500 SY Estimated 1000 SY Estimated 1000 SY Estimated 1500 SY Estimated 1500 SY Estimated 2000 SY Estimated 2000 SY
$ 30.00 /SY $ 36.00 /CY $ 25.00 /SY $ 30.00 /CY $ 22.00 /SY $ 26.40 /CY $ 18.00 /SY $ 21.60 /CY 130,800.00$
Total: $ 15,000.00 Total: $ 18,000.00 Total: $ 25,000.00 Total: $ 30,000.00 Total: $ 33,000.00 Total: $ 39,600.00 Total: $ 36,000.00 Total: $ 43,200.00
2,152,800.00$
Company Name: Middlesex Paving, LLC.
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
TOTAL FOR GROUP VII
Amendment 1
44
Totals: Group I thru VII
Group No.Group Description Totals
Group I Asphalt Concrete and Friction Course in-place 33,646,080.00$
Group II Sand and Seal in-place 177,150.00$
Group III Milling Existing Asphalt Pavement in-place 1,331,400.00$
Group IV Temporary Pavement Marking in-place 117,390.00$
Group V Misc. Items - LD's, MOB, MOT, Traffic Control Officer, PCMS, Valve & MH Adjust, Asph. Curb 171,750.00$
Group VI Asphalt Materials - FOB @ Plant and FOB to Job Site 436,800.00$
Group VII Earthwork 2,152,800.00$
38,033,370.00$
Company Name: Middlesex Paving, LLC.
TOTAL GROUP I THRU VII
IFB-603616-19/BJC - Pavement Management Program Services
Road Construction Products & Related Materials
Amendment 1
45
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47
48
49
50
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55
56
57
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60
61
62
63
CONSENT AGENDA ITEM 302
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Multiple Storm Sewer Pipelining Projects
SUMMARY
See attached Summary of pipelining projects totaling $539,457.83.
FUNDING SOURCE
Budgeted in Road Improvement Fund which holds 3rd Generation Sales Tax Funds
under City-Wide Storm Water Rehabilitation.
RECOMMENDATION
See attached Suggested Actions for each project.
64
Multiple Pipelining Projects
1. 1170 Howell Creek Drive
Suggested Action: Staff requests for approval by the City Commission to expend
$118,140.00 for the installation of pipelining by Flo-Tech Environmental, beginning at 1170
Howell Creek Drive and extending over 285 - linear feet.
Summary: This area of Howell Creek Drive ROW has experienced repeated depressions
in the ground surface area caused by the degradation of the existing 36-inch storm sewer
pipe. Upon video inspection of the existing 36-inch storm sewer pipe it was noted that there
are notable weep holes resulting in cracking and the general degradation of the nearly 50-
year-old concrete pipe. To address this condition Staff requests approval by the City
Commission for the installation of pipelining beginning at 1170 Howell Creek Drive and
extending over 285 - linear feet. The pipelining process consists of installing a resin
impregnated felt tube pipe liner into the host pipe and cure in-place in accordance with
ASTM F-1216. Services include Pre and Post Video Inspection. Through Flo-Tech's piggyback
contract with the City of Cape Coral we can expedite this needed repair.
2. 1202 Winter Springs Boulevard
Suggested Action: Staff request for approval by the City Commission to expend
$140,259.02 for the installation of pipelining by Flo-Tech Environmental, beginning at 1202
Winter Springs Boulevard and extending over 404 - linear feet.
Summary: This area of the Winter Springs Boulevard ROW has experienced repeated
depressions in the ground surface area caused by the degradation of the existing 30-inch
storm sewer pipe. Upon video inspection of the existing 30-inch storm sewer pipe it was
noted that there are notable weep holes resulting in cracking and the general degradation of
the nearly 50-year-old concrete pipe. To address this condition Staff requests approval by
the City Commission for the installation of pipelining beginning at 1202 Winter Springs
Boulevard and extending over 404- linear feet. The pipelining process consists of installing a
resin impregnated felt tube pipe liner into the host pipe and cure in-place in accordance
with ASTM F-1216. Services include Pre and Post Video Inspection. Through Flo -Tech's
piggyback contract with the City of Cape Coral we can expedite this needed repair.
3. 1162 Howell Creek Drive
Suggested Action: Staff requests for approval by the City Commission to expend
$111,040.52 for the installation of pipelining by Flo -Tech Environmental, beginning at 1162
Howell Creek Drive and extending over 318- linear feet.
Summary: This area of the Howell Creek Drive ROW has experienced repeated
depressions in the ground surface area caused by the degradation of the existing 30-inch
storm sewer pipe. Upon video inspection of the existing 30-inch storm sewer pipe it was
noted that there are notable weep holes resulting cracking of and the general degradation
65
of the nearly 50-year-old concrete pipe. To address this condition Staff requests approval by
the City Commission for the installation of pipelining beginning at 1162 Howell Creek Drive
and extending over 318 - linear feet. The pipelining process consists of installing a resin
impregnated felt tube pipe liner into the host pipe and cure in-lace in accordance with ASTM
F-1216. Services include Pre and Post Video Inspection. Through Flo-Tech's piggyback
contract with the City of Cape Coral we can expedite this needed repair.
4. 1215 Deer Run
Suggested Action: Staff requests for approval by the City Commission to expend
$94,068.77 for the installation of pipelining by Flo-Tech Environmental, beginning at 1215
Deer Run and extending over 225 - linear feet.
Summary: This area of 1215 Deer Run ROW has experienced repeated depressions in
the ground surface area caused by the degradation of the existing 36-inch storm sewer pipe.
Upon video inspection of the existing 36-inch storm sewer pipe it was noted that there are
notable weep holes resulting in cracking and the general degradation of the nearly 50-year-
old concrete pipe. To address this condition Staff requests approval by the City Commission
for the installation of pipelining beginning at 1215 Deer Run and extending over 225 - linear
feet. The pipelining process consists of installing a resin impregnated felt tube pipe liner
into the host pipe and cure in-place in accordance with ASTM F-1216. Services include Pre
and Post Video Inspection. Through Flo -Tech's piggyback contract with the City of Cape
Coral we can expedite this needed repair.
5. 699 Brown Bear Court
Suggested Action: Staff requests for approval by the City Commission to expend
$75,949.52 for the installation of pipelining by Flo-Tech Environmental, beginning at 699
Brown Bear Court and extending over 387 - linear feet down Northern Way.
Summary: This area of Brown Bear Court and Northern Way ROW has experienced
repeated depressions in the ground surface area caused by the degradation of the existing
15-inch storm sewer pipe. Upon video inspection of the existing 15-inch storm sewer pipe it
was noted that there are notable weep holes resulting in cracking and the general
degradation of the nearly 50-year-old concrete pipe. To address this condition Staff
requests approval by the City Commission for the installation of pipelining beginning at 699
Browm Bear Court and extending over 387 - linear feet down Northern Way. The pipelining
process consists of installing a resin impregnated felt tube pipe liner into the host pipe and
cure in-place in accordance with ASTM F-1216. Services include Pre and Post Video
Inspection. Through Flo-Tech's piggyback contract with the City of Cape Coral we can
expedite this needed repair.
66
City of Winter Springs - 1170 Howell Creek
Drive - 36" CIPP
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States
Kevin Monser
kmmonser@winterspringsfl.org
(407) 327-6567
Reference: 20250114-154106561
Quote created: January 14, 2025
Quote expires: February 13, 2025
Quote created by: Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
67
Comments from Luis Ferre
Project Owner: City of Winter Springs
Project/Contract: Number: N/A
Project Name: SW Relining FY24 (Stormwater Relining FY24)
Project General Contractor: N/A
Project County: Seminole
Region: Central
Job-site Address: 1170 Howell Drive, Winter Springs, FL 32708
Onsite Point of Contact: Kevin Mosner
Maps/Plans Provided: [Yes]
Technical Specifications: ASTM F1216-22, NASSCO PACP
Certified Payroll Applicable: [No]
Heavy Construction Wage Applicable: [No]
Deliverables Instruction: NASSCO certified PACP report will be provided along with video logs as final
deliverables
Billing Instructions: Include PO# in each invoice.
AP / Billing contact email: kmmonser@winterspringsfl.org
Scope of Work: 36" CIPP, 285 LF.
Install a resin impregnated felt tube pipe liner into the host pipe, and cure in place, in accordance with
ASTM F-1216. Includes pre / post video inspection.
Exclusions: root removal, baffle removal / reinstatement, grout repairs, joint sealing, heavy cleaning,
asphalt cutting, grounds restoration, paving, excavation.
Flotech Environmental is a certified SBE, DBE, MBE, CBE company.
68
Products & Services
Item & Description Quantity Unit
Price
Total
36" CIPP (15mm)285 $404.00 $115,140.00
36" Pipe Diameter By-Pass / Pumping / Dewatering Where
Needed
1 $0.01 $0.01
MOT: Local Roads 1 $0.01 $0.01
Mobilization Price for MOB where the SOW is priced
greaterthan$25,000
1 $3,000.00 $3,000.00
One-time subtotal $118,140.02
Total $118,140.02
LF.
LS
LS
LS
69
Purchase terms
Above pricing is based on project information and plans as provided by Client, and assumed site conditions.
Assumptions:
The work area for which the services are requested are in suitable condition to allow for the activities which
are usual and customary for the services requested without undue risk to the Contractors equipment or
personnel, unless otherwise described by the Owner in writing.
Change Orders:
Should it be found during initial investigation and/or during the course of performance that conditions are
different than those which are typical and customary and outside of the assumptions listed above, the
Contractor may negotiate a reasonable change in terms.
Disclaimer:
Cleaning and CCTV inspection work shall conform to current NASSCO-PACP standards:
If in the course of normal cleaning operations damage results from preexisting and unforeseen conditions
such as broken pipe, the Contractor will not be held responsible. If, during the inspection operation, the
television camera will not pass through the entire manhole section, the Contractor shall set up his
equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to
pass through the entire manhole section, the inspection shall be considered complete, noted as Survey
Abandoned and no additional inspection will be required.
An hourly standby rate of $770 will apply for any issues that delay production outside of Flotech
Environmental's control.
Cancellation Notice:
Cancellations prior to 2:00 PM for our crews will result in a charge for the 4 hour minimum at the
corresponding hourly rate, with the exception of immediate weather conditions impeding our ability to work
or jeopardizing our crew’s safety.
Payment:
Flotech will invoice at the completion of each weekly billing period and payment must be made within Thirty
(30) days from the date of the invoice. Should payment not be received within 30 days of service, service may
be interrupted until payment is received. Any balance remaining after 30 days will be assessed a 1.5%
monthly finance charge. In the event of any action to collect unpaid invoices, Client and/or managing
corporation, and/or entity shall be liable to Flotech or its assignee for all costs of collection, including but not
limited to attorney’s fees and costs, including any costs of litigation relating to such collection and including
the collection amount.
ACCEPTANCE OF PROPOSAL / SIGN & RETURN:
70
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification
email.
Kevin Monser
kmmonser@winterspringsfl.org [sig|req|signer1 ]
Questions? Contact me
Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
Flotech Environmental, LLC
657 South Dr.
Suite 401
Miami Springs, FL 33166
United States
71
City of Winter Springs - 1202 Winter Springs
Blvd - 30" CIPP
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States
Kevin Monser
kmmonser@winterspringsfl.org
(407) 327-6567
Reference: 20250109-165614701
Quote created: January 9, 2025
Quote expires: February 8, 2025
Quote created by: Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
72
Comments from Luis Ferre
Project Owner: City of Winter Springs
Project/Contract: Number: N/A
Project Name: SW Relining FY24 (Stormwater Relining FY24)
Project General Contractor: N/A
Project County: Seminole
Region: Central
Job-site Address: 1202 Winter Springs Blvd, Winter Springs, FL 32708
Onsite Point of Contact: Kevin Mosner
Maps/Plans Provided: [Yes]
Technical Specifications: ASTM F1216-22, NASSCO PACP
Certified Payroll Applicable: [No]
Heavy Construction Wage Applicable: [No]
Deliverables Instruction: NASSCO certified PACP report will be provided along with video logs as final
deliverables
Billing Instructions: Include PO# in each invoice.
AP / Billing contact email: accountspayable@winterspringsfl.org & kmmonser@winterspringsfl.org
Scope of Work: 30" CIPP, 404 LF.
Install a resin impregnated felt tube pipe liner into the host pipe, and cure in place, in accordance with
ASTM F-1216. Includes pre / post video inspection.
Exclusions: root removal, baffle removal / reinstatement, grout repairs, joint sealing, heavy cleaning,
asphalt cutting, grounds restoration, paving, excavation.
Flotech Environmental is a certified SBE, DBE, MBE, CBE company.
73
Products & Services
Item & Description Quantity Unit
Price
Total
30" CIPP (10.5mm)404 $339.75 $137,259.00
30" Pipe Diameter By-Pass / Pumping / Dewatering Where
Needed
1 $0.01 $0.01
MOT: Local Roads 1 $0.01 $0.01
Mobilization Price for MOB where the SOW is priced greater
than $25,000
1 $3,000.00 $3,000.00
One-time subtotal $140,259.02
Total $140,259.02
LS
LS
LS
74
Purchase terms
Above pricing is based on project information and plans as provided by Client, and assumed site conditions.
Assumptions:
The work area for which the services are requested are in suitable condition to allow for the activities which
are usual and customary for the services requested without undue risk to the Contractors equipment or
personnel, unless otherwise described by the Owner in writing.
Change Orders:
Should it be found during initial investigation and/or during the course of performance that conditions are
different than those which are typical and customary and outside of the assumptions listed above, the
Contractor may negotiate a reasonable change in terms.
Disclaimer:
Cleaning and CCTV inspection work shall conform to current NASSCO-PACP standards:
If in the course of normal cleaning operations damage results from preexisting and unforeseen conditions
such as broken pipe, the Contractor will not be held responsible. If, during the inspection operation, the
television camera will not pass through the entire manhole section, the Contractor shall set up his
equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to
pass through the entire manhole section, the inspection shall be considered complete, noted as Survey
Abandoned and no additional inspection will be required.
An hourly standby rate of $770 will apply for any issues that delay production outside of Flotech
Environmental's control.
Cancellation Notice:
Cancellations prior to 2:00 PM for our crews will result in a charge for the 4 hour minimum at the
corresponding hourly rate, with the exception of immediate weather conditions impeding our ability to work
or jeopardizing our crew’s safety.
Payment:
Flotech will invoice at the completion of each weekly billing period and payment must be made within Thirty
(30) days from the date of the invoice. Should payment not be received within 30 days of service, service may
be interrupted until payment is received. Any balance remaining after 30 days will be assessed a 1.5%
monthly finance charge. In the event of any action to collect unpaid invoices, Client and/or managing
corporation, and/or entity shall be liable to Flotech or its assignee for all costs of collection, including but not
limited to attorney’s fees and costs, including any costs of litigation relating to such collection and including
the collection amount.
ACCEPTANCE OF PROPOSAL / SIGN & RETURN:
75
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification
email.
Kevin Monser
kmmonser@winterspringsfl.org [sig|req|signer1 ]
Questions? Contact me
Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
Flotech Environmental, LLC
657 South Dr.
Suite 401
Miami Springs, FL 33166
United States
76
City of Winter Springs - 1162 Howell Creek
Drive - 30" CIPP
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States
Kevin Monser
kmmonser@winterspringsfl.org
(407) 327-6567
Reference: 20250114-155740858
Quote created: January 14, 2025
Quote expires: February 13, 2025
Quote created by: Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
77
Comments from Luis Ferre
Project Owner: City of Winter Springs
Project/Contract: Number: N/A
Project Name: SW Relining FY24 (Stormwater Relining FY24)
Project General Contractor: N/A
Project County: Seminole
Region: Central
Job-site Address: 1162 Howell Creek Drive, Winter Springs, FL 32708
Onsite Point of Contact: Kevin Mosner
Maps/Plans Provided: [Yes]
Technical Specifications: ASTM F1216-22, NASSCO PACP
Certified Payroll Applicable: [No]
Heavy Construction Wage Applicable: [No]
Deliverables Instruction: NASSCO certified PACP report will be provided along with video logs as final
deliverables
Billing Instructions: Include PO# in each invoice.
AP / Billing contact email: kmmonser@winterspringsfl.org
Scope of Work: 30" CIPP, 318 LF.
Install a resin impregnated felt tube pipe liner into the host pipe, and cure in place, in accordance with
ASTM F-1216. Includes pre / post video inspection.
Exclusions: root removal, baffle removal / reinstatement, grout repairs, joint sealing, heavy cleaning,
asphalt cutting, grounds restoration, paving, excavation.
Flotech Environmental is a certified SBE, DBE, MBE, CBE company.
78
Products & Services
Item & Description Quantity Unit
Price
Total
30" CIPP (12mm)318 $339.75 $108,040.50
30" Pipe Diameter By-Pass / Pumping / Dewatering Where
Needed
1 $0.01 $0.01
MOT: Local Roads 1 $0.01 $0.01
Mobilization Price for MOB where the SOW is priced greater
than $25,000
1 $3,000.00 $3,000.00
One-time subtotal $111,040.52
Total $111,040.52
LF
LS.
LS
LS
79
Purchase terms
Above pricing is based on project information and plans as provided by Client, and assumed site conditions.
Assumptions:
The work area for which the services are requested are in suitable condition to allow for the activities which
are usual and customary for the services requested without undue risk to the Contractors equipment or
personnel, unless otherwise described by the Owner in writing.
Change Orders:
Should it be found during initial investigation and/or during the course of performance that conditions are
different than those which are typical and customary and outside of the assumptions listed above, the
Contractor may negotiate a reasonable change in terms.
Disclaimer:
Cleaning and CCTV inspection work shall conform to current NASSCO-PACP standards:
If in the course of normal cleaning operations damage results from preexisting and unforeseen conditions
such as broken pipe, the Contractor will not be held responsible. If, during the inspection operation, the
television camera will not pass through the entire manhole section, the Contractor shall set up his
equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to
pass through the entire manhole section, the inspection shall be considered complete, noted as Survey
Abandoned and no additional inspection will be required.
An hourly standby rate of $770 will apply for any issues that delay production outside of Flotech
Environmental's control.
Cancellation Notice:
Cancellations prior to 2:00 PM for our crews will result in a charge for the 4 hour minimum at the
corresponding hourly rate, with the exception of immediate weather conditions impeding our ability to work
or jeopardizing our crew’s safety.
Payment:
Flotech will invoice at the completion of each weekly billing period and payment must be made within Thirty
(30) days from the date of the invoice. Should payment not be received within 30 days of service, service may
be interrupted until payment is received. Any balance remaining after 30 days will be assessed a 1.5%
monthly finance charge. In the event of any action to collect unpaid invoices, Client and/or managing
corporation, and/or entity shall be liable to Flotech or its assignee for all costs of collection, including but not
limited to attorney’s fees and costs, including any costs of litigation relating to such collection and including
the collection amount.
ACCEPTANCE OF PROPOSAL / SIGN & RETURN:
80
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification
email.
Kevin Monser
kmmonser@winterspringsfl.org [sig|req|signer1 ]
Questions? Contact me
Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
Flotech Environmental, LLC
657 South Dr.
Suite 401
Miami Springs, FL 33166
United States
81
City of Winter Springs - 1215 Deer Run - 36"
CIPP
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States
Kevin Monser
kmmonser@winterspringsfl.org
(407) 327-6567
Reference: 20250124-145128606
Quote created: January 24, 2025
Quote expires: February 23, 2025
Quote created by: Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
82
Project Information
Project Owner: City of Winter Springs
Project/Contract: Number: N/A
Project Name: SW Relining FY24 (Stormwater Relining FY24)
Project General Contractor: N/A
Project County: Seminole
Region: Central
Job-site Address: 1215 Deer Run Dr., Winter Springs, FL 32708
Onsite Point of Contact: Kevin Mosner
Maps/Plans Provided: [Yes]
Technical Specifications: ASTM F1216-22, NASSCO PACP
Certified Payroll Applicable: [No]
Heavy Construction Wage Applicable: [No]
Deliverables Instruction: NASSCO certified PACP report will be provided along with video logs as final
deliverables
Billing Instructions: Include PO# in each invoice.
AP / Billing contact email: accountspayable@winterspringsfl.org & kmmonser@winterspringsfl.org
Scope of Work: 36" CIPP, 225 LF . 15 mm.
Install a resin impregnated felt tube pipe liner into the host pipe, and cure in place, in accordance with
ASTM F-1216. Includes pre / post video inspection.
Exclusions: root removal, baffle removal / reinstatement, grout repairs, joint sealing, heavy cleaning.
Flotech Environmental is a certified SBE, DBE, MBE, CBE company.
83
Products & Services
Item & Description Quantity Unit
Price
Total
CIPP 36" (15mm)225 $404.75 $91,068.75
36" Pipe Diameter By-Pass / Pumping / Dewatering Where
Needed
1 $0.01 $0.01
MOT: Local Roads 1 $0.01 $0.01
Mobilization Price for MOB where the SOW is priced greater
than $25,000
1 $3,000.00 $3,000.00
One-time subtotal $94,068.77
Total $94,068.77
LF
LS
LS
LS
84
Proposal Terms
Above pricing is based on project information and plans as provided by Client, and assumed site conditions.
Assumptions:
The work area for which the services are requested are in suitable condition to allow for the activities which
are usual and customary for the services requested without undue risk to the Contractors equipment or
personnel, unless otherwise described by the Owner in writing.
Change Orders:
Should it be found during initial investigation and/or during the course of performance that conditions are
different than those which are typical and customary and outside of the assumptions listed above, the
Contractor may negotiate a reasonable change in terms.
Disclaimer:
Cleaning and CCTV inspection work shall conform to current NASSCO-PACP standards:
If in the course of normal cleaning operations damage results from preexisting and unforeseen conditions
such as broken pipe, the Contractor will not be held responsible. If, during the inspection operation, the
television camera will not pass through the entire manhole section, the Contractor shall set up his
equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to
pass through the entire manhole section, the inspection shall be considered complete, noted as Survey
Abandoned and no additional inspection will be required.
An hourly standby rate of $770 will apply for any issues that delay production outside of Flotech
Environmental's control.
Cancellation Notice:
Cancellations prior to 2:00 PM for our crews will result in a charge for the 4 hour minimum at the
corresponding hourly rate, with the exception of immediate weather conditions impeding our ability to work
or jeopardizing our crew’s safety.
Payment:
Flotech will invoice at the completion of each weekly billing period and payment must be made within Thirty
(30) days from the date of the invoice. Should payment not be received within 30 days of service, service may
be interrupted until payment is received. Any balance remaining after 30 days will be assessed a 1.5%
monthly finance charge. In the event of any action to collect unpaid invoices, Client and/or managing
corporation, and/or entity shall be liable to Flotech or its assignee for all costs of collection, including but not
limited to attorney’s fees and costs, including any costs of litigation relating to such collection and including
the collection amount.
ACCEPTANCE OF PROPOSAL / SIGN & RETURN:
85
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification
email.
Kevin Monser
kmmonser@winterspringsfl.org [sig|req|signer1 ]
Questions? Contact me
Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
Flotech Environmental, LLC
657 South Dr.
Suite 401
Miami Springs, FL 33166
United States
86
City of Winter Springs - 699 Brown Bear Ct
and Nor thern Way - 15" CIPP
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
United States
Kevin Monser
kmmonser@winterspringsfl.org
(407) 327-6567
Reference: 20250129-144427030
Quote created: January 29, 2025
Quote expires: February 28, 2025
Quote created by: Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
87
Project Information
Project Owner: City of Winter Springs
Project/Contract: Number: N/A
Project Name: SW Relining FY24 (Stormwater Relining FY24)
Project General Contractor: N/A
Project County: Seminole
Region: Central
Job-site Address: 699 Brown Bear Court, Winter Springs, FL 32708
Onsite Point of Contact: Kevin Mosner
Maps/Plans Provided: [Yes]
Technical Specifications: ASTM F1216-22, NASSCO PACP
Certified Payroll Applicable: [No]
Heavy Construction Wage Applicable: [No]
Deliverables Instruction: NASSCO certified PACP report will be provided along with video logs as final
deliverables
Billing Instructions: Include PO# in each invoice.
AP / Billing contact email: accountspayable@winterspringsfl.org & kmmonser@winterspringsfl.org
Scope of Work: 15" CIPP, 387 LF . 7.5 mm
Install a resin impregnated felt tube pipe liner into the host pipe, and cure in place, in accordance with
ASTM F-1216. Includes pre / post video inspection.
Exclusions: root removal, baffle removal / reinstatement, grout repairs, joint sealing, heavy cleaning.
Flotech Environmental is a certified SBE, DBE, MBE, CBE company.
88
Products & Services
Item & Description Quantity Unit
Price
Total
CIPP, 15" (7.5 mm)387 $188.50 $72,949.50
15" Pipe Diameter By-Pass / Pumping / Dewatering Where
Needed
1 $0.01 $0.01
MOT: Local Roads 1 $0.01 $0.01
Mobilization Price for MOB where the SOW is priced greater
than $25,000
1 $3,000.00 $3,000.00
One-time subtotal $75,949.52
Total $75,949.52
LF.
LS
LS.
LS
89
Proposal Terms
Above pricing is based on project information and plans as provided by Client, and assumed site conditions.
Assumptions:
The work area for which the services are requested are in suitable condition to allow for the activities which
are usual and customary for the services requested without undue risk to the Contractors equipment or
personnel, unless otherwise described by the Owner in writing.
Change Orders:
Should it be found during initial investigation and/or during the course of performance that conditions are
different than those which are typical and customary and outside of the assumptions listed above, the
Contractor may negotiate a reasonable change in terms.
Disclaimer:
Cleaning and CCTV inspection work shall conform to current NASSCO-PACP standards:
If in the course of normal cleaning operations damage results from preexisting and unforeseen conditions
such as broken pipe, the Contractor will not be held responsible. If, during the inspection operation, the
television camera will not pass through the entire manhole section, the Contractor shall set up his
equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to
pass through the entire manhole section, the inspection shall be considered complete, noted as Survey
Abandoned and no additional inspection will be required.
An hourly standby rate of $770 will apply for any issues that delay production outside of Flotech
Environmental's control.
Cancellation Notice:
Cancellations prior to 2:00 PM for our crews will result in a charge for the 4 hour minimum at the
corresponding hourly rate, with the exception of immediate weather conditions impeding our ability to work
or jeopardizing our crew’s safety.
Payment:
Flotech will invoice at the completion of each weekly billing period and payment must be made within Thirty
(30) days from the date of the invoice. Should payment not be received within 30 days of service, service may
be interrupted until payment is received. Any balance remaining after 30 days will be assessed a 1.5%
monthly finance charge. In the event of any action to collect unpaid invoices, Client and/or managing
corporation, and/or entity shall be liable to Flotech or its assignee for all costs of collection, including but not
limited to attorney’s fees and costs, including any costs of litigation relating to such collection and including
the collection amount.
ACCEPTANCE OF PROPOSAL / SIGN & RETURN:
90
Questions? Contact me
Luis Ferre
Business Development Associate
luis.ferre@flotechllc.com
+17862028723
Flotech Environmental, LLC
657 South Dr.
Suite 401
Miami Springs, FL 33166
United States
91
CONSENT AGENDA ITEM 303
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Intent to Award Contract - ITB 11-24-07 PH Gee Creek Erosion Control Counter
Measures
SUMMARY
Due to severe bank erosion along Gee Creek, near South Moss Road, City staff in
cooperation with the NRCS (Natural Resource Conservation Service) have elected to
address this matter in order to avoid further degradation of Gee Creek in this
immediate area. There were five (5) total bids for this Invitation to Bid contract. The
results of the bids are as follows:
1. Cathcart Construction Company $ 762,620.00
2. Construct Co Inc. $ 763,578.42
3. Central Florida Environmental Corp (CFE) $ 878,288.26
4. Carr and Collier $ 1,055,700.00
5. Garcia Civil Contractors $ 1,102,527.44
FUNDING SOURCE
This erosion control project is 75% funded by the NRCS and 25% funded by the City of
Winter Springs, therefore the City will only be obligated to $190,655.00 of the total
construction cost. Copies of the Contractors monthly invoices will be submitted by the
City Finance Department to the NRCS for reimbursement of the 75% commitment.
This is budgeted in Road Improvement Fund that holds the 3rd Generation Sales Tax
Revenue under CIP Storm-Water Rehabilitation City Wide.
RECOMMENDATION
Staff recommends the City Commission award Cathcart Construction Company the
construction contract in the amount of $762,620.00 for the proposed erosion control
improvements required on Gee Creek. Additionally, authorization for the City
Manager and City Attorney is requested to prepare and execute any and all applicable
contract documents consistent with this Agenda item.
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SEALED BID
PROPOSAL : ITB # 11-24-07 PH
Erosion Control Countermeasures within Gee Greek at Moss Park
Due: January 17, 2025 2:00 p.m.
Submitted by: Construct Co, Inc.
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 150
Section A – BIDDER Information and Acknowledgement Form
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 151
ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM
For
ITB # 11-24-07 PH
Erosion Control Countermeasures within Gee Creek at Moss Park
The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the
minimum requirements/evaluation criteria shown by the Invitation To Bid to be delivered to the specified site for the price indicated.
IT IS THE BIDDER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF
CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be considered
non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney.
BIDDER NAME:
TAX ID# SNN or EIN:
BIDDER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A.Acknowledges receipt of:
1.ITB # 11-24-07 PH Pertaining To: Erosion Control Countermeasures within Gee Creek at Moss Park
2.Addenda:
Number: _________, Dated _________________.
Number: _________, Dated _________________.
B.Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive all right to plead any
misunderstanding regarding the same.
C.Agrees:
1.To hold this Bid open for 90 calendar days after the Bid opening date.
2.To furnish the services specified in this ITB at the prices quoted in the Bid and in compliance with the ITB Documents.
3.To accept the provisions of the Instructions to Bidders.
4.To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid.
5.To accomplish the work in accordance with the contract documents.
D.Certifies:
1. That all information contained in this Bid is truthful to the best of my knowledge and belief.
2.That I am duly authorized to submit this Bid on behalf of the Bidder and that the Bidder is ready, willing, and able to
perform if awarded the Bid.
Stipulated Amount
A.Submit on Cost Proposal Worksheet, Appendix A.
Construct Co Inc
59-3591183
PO Box 536488, Orlando FL 32853
PO Box 536488, Orlando FL 32853
407-282-5340
www.constructco-inc.com
Lindsey Buchanan
Lindsey@constructco-inc.com
1 12/20/2024
152
Section B – Table of Contents
5
6
7
25
8-27
1.Introduction Letter
2.Qualifications
3.Other Information
4.Cost & Time
5.Mandatory Bid Forms
6.Florida State Corporate Filing
7. Appendix E Key Pesonnel
8. License
28
29-30
31
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 153
Section C – Introduction Letter
Bid #11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
Dear City of Winter Springs,
We are pleased to submit our proposal for the Erosion Control Countermeasures within Gee Creek at Moss
Park project. I’d like to introduce Construct Co, Inc., a leading marine construction firm with over 35 years of
experience delivering innovative and high-quality solutions across Florida. As the Founder and President, I
have had the privilege of overseeing the successful completion of numerous large-scale projects for public
agencies, including the Florida Department of Environmental Protection (FL DEP) and the Florida Department
of Military Affairs, as well as a variety of municipalities and private clients.
We understand that the project’s scope of work is, in part, a continuation of the Natural Resources
Conservation Service (NRCS) efforts to manage erosion along Gee Creek. Having successfully completed
multiple projects that are funded by the NRCS on Gee Creek for the City of Casselberry, we are well aware of
the need for an erosion control countermeasure at Moss Park. We understand that for this site, steel sheetpile
along with rip rap will be the tool to erosion control and the access needed to install these materials will have
an impact on the park area, necessitating restoration measures which are outlined in Appendix A: Cost
Proposal Worksheet.
Our commitment is simple, we deliver value beyond construction. From conception to completion, we align our
solutions with your vision, ensuring that every project is executed with precision, professionalism, and the
highest standards of quality. We stand ready to bring our expertise to your next project and drive its success.
Thank you for the opportunity for Construct Co, Inc to become a trusted partner for your upcoming project.
Please feel free to reach out to me directly at (407) 282-5340 or via email at Shawn@constructco-inc.com. I
look forward to the possibility of collaborating with your team.
Thank you for your time and consideration. Let’s build the future together.
Sincerely,
Shawn Buchanan
President & Principal
Construct Co, Inc.
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 154
Section D – Qualifications
Construct Co is a Florida corporation, founded by Basil “Shawn” Buchanan in 1999 and based out of Orlando.
At Construct Co, we are not just builders. We are problem solvers and strategic partners committed to
delivering excellence through every phase of a project. We specialize in marine and park construction,
providing end-to-end services from design and permitting to construction and project management. Our deep
expertise in value engineering enables us to deliver cost-effective, sustainable, and customized solutions
tailored to the unique challenges of each project.
Our team of 20 employees takes pride in overseeing every aspect of the project lifecycle with seamless
collaboration between stakeholders, maintaining regulatory compliance, and delivering results that exceed
expectations.
Erosion Control Specific
Construct Co has completed multiple projects where the key objective was to address or prevent erosion
control. A few examples include:
●City of Flagler Beach - Installation of emergency sheet pile armoring along A1A, 2022
●St John’s County - Installation of steel sheet pile and rip rap armament shore protection, 2024
●City of Casselberry - Installation of gabions and rip rap along Gee creek, 2019
●City of Casselberry, Installation of gabions, rip rap and permanent sheet pile along Gee creek, 2018
Project Team
The Project Manager will beLindsey Buchanan. She will be responsible for ensuring adherence to the contract
requirements and the point of contact for the Owner and Engineer representatives.
The Project Superintendent, Douglas Clark, will be the on-site representative and will oversee operations and
ensure quality is maintained.
The Project Specialist, Shawn Buchanan, will be monitoring the construction team and provide consultation for
critical work items.
The Project Coordinator, Ryan Matthews, will be responsible for project recordkeeping and site documentation.
He will assist the Project Superintendent and Project Manager as needed to facilitate the contract work and
Quality Control Plan procedures, She will oversee material orders and site crew logistics.
See Appendix E: Key Personnel Resumes
Project References - See Attached Bid Form REFERENCE INFORMATION FORM
Additional references are available upon request.
In summary, Construct Co Inc is the most qualified contractor for this project because we are experts at sheet
pile installation and we have an intimate understanding of the project site’s water body, having performed
identical work on Gee Creek in the past. We encourage you to speak with our previous clients who we have
enjoyed working for and continue to maintain great relationships with. We are a contractor who cares. We care
about the goal of the project and we care about creating an enjoyable project experience for our clients.
Thank you for your consideration.
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 155
Section E - Other Information
We have successfully completed projects for major public entities and private developers, such as the George
Kennedy Memorial Park Seawall, Wooten Park Seaplane Ramp, and the Main Street Pier Repairs in Daytona
Beach. These accomplishments speak to our unwavering dedication to excellence and client satisfaction.
Our core services include:
●Marine Construction: Specializing in boat ramps, seawalls, piling, docks, and erosion control
measures.
●Value Engineering: We work closely with our clients to optimize designs, ensuring cost-effective
solutions that meet regulatory and safety standards.
●Comprehensive Project Management: From initial permitting to project completion, our team
manages every aspect to guarantee success.
We are happy to provide additional information not specifically listed in the bid documents upon request
including expanding project references and financial data. For additional information contact Lindsey
Buchanan, Vice President at lindsey@constructco-inc.com.
Section F – Cost and Time
See Attached Appendix A: Cost Proposal Worksheet.
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 156
Section G – Mandatory Bid Forms
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 157
ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
MANDATORY BID FORMS
Proposal Form 1 -Bidder Information and Acknowledgement Form
Proposal Form 2 -References Information Form
Proposal Form 3 -Insurance Requirements Form
Proposal Form 4 -Scrutinized Company Certification
Proposal Form 5 -Non-Collusion Affidavit
Proposal Form 6 -Drug Free Workplace Form
Proposal Form 7 -Public Entity Crimes Statement
Proposal Form 8 -Debarment, Suspension etc. Certification
Proposal Form 9 - E-Verify Statement
Proposal Form 10 -Conflict of Interest Statement
Proposal Form 12 -Affidavit of Compliance with Florida Statute 787.06
Proposal Form 13 -SMWBE Utilization Plan
Appendix A -Cost Proposal Worksheet
Appendix B -Bid Bond Form
Mandatory forms must be submitted with the Bid.
Failure to submit forms may disqualify the Bidder from the ITB
The following documents do not need to be returned with the Bid response
Exhibit 1 Project Plans
Exhibit 2 Project Specifications
Appendix C Performance Bond Agreement
Appendix D Labor and Materials Payment Bond Agreement
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
REFERENCE INFORMATION FORM
For
ITB # 11-24-07 PH
Erosion Control Countermeasures within Gee Creek at Moss Park
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Bidder Representative
Typed Name/Title:
Bidder Representative Signature:
Bidder:
St. Johns County, FL
Morgan Hughes
3171 Coastal Highway
St Augustine FL 32084
904 315-7267
$ 754,350 Oct 2023-March 2024
Kelly Brock
City of Casselberry
95 Triplet Lake Dr.
Casselberry FL 32707
407-262-7725 x1235
$ 1,006,459 Dec 2018 - June 2019
Gee Creek and Howell Creek Erosion Control Project
Porpoise Point Dr Shore Protection
City of Flagler Beach, FL
Penny Overstreet,
105 S 2nd St.
Flagler Beach FL 32136
386-517-2000 ext. 233
$ 469,436 June 2022 - Sep 2022
Lindsey Buchanan, Vice President
Construct Co Inc
Pal & Irma Parker Park
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
INSURANCE REQUIREMENTS FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same
Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned Bidder agrees to obtain, prior to award, if selected, a minimum level of insurance as stated above.
Bidder
Authorized Signature
Officer Name and Title
Date
Construct Co Inc
Lindsey Buchanan, Vice President
01/16/25
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SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for,
or enter into or renew a contract with the CITY for goods or services of:
a.Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the
Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in
a boycott of Israel; or
b.One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing
such contract, the company:
Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List, created pursuant to s. 215.473; or
c.Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. The Bidder must submit this required certification form attesting that it is not a
scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a.The Bidder is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List;
b.Been placed on the Scrutinized Companies that Boycott Israel List or
c.Is engaged in a boycott of Israel; or
d.Been engaged in business operations in Cuba or Syria.
e.Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business
operations in Iran.
The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification.
a.The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation.
b.If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false certification
was made in error.
c.If the Bidder does not demonstrate that the CITY’s determination of false certification was made in error then the
CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes.
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THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT
THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE.
a.The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b.The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
c.For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this
solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations in Cuba or
Syria; and
d.If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its
company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism Sectors
List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
(Authorized Signature)
(Printed Name and Title)
(Name of Bidder)
STATE OF ____________________________________
COUNTY OF __________________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization, this ______ day of __________, 2025 by _____________________ the _________________________ of
__________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public __________________________________
Print Name: ___________________________________
My Commission Expires: _________________________
Lindsey Buchanan, Vice President
Construct Co Inc
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NON-COLLUSION AFFIDAVIT of PRIME BIDDER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title Bidder
The Bidder that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances
respecting such solicitation.
(3) Such Bid is genuine and is not a collusive or sham solicitation.
(4) Neither the Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest
including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or
person, to submit a collusive or sham response in connection with the ITB for which the attached Bid has been submitted
or to refrain from proposing in connection with such ITB, or has in any manner, directly or indirectly, sought by Agreement
or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached
Bid or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of
any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against
the City of Winter Springs, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or
unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of
interest, including affiant.
(Signed) (Title)
STATE OF _______________________________________
COUNTY OF _____________________________________
The foregoing instrument was acknowledged before me this ____________________by
_____________________________,
who is (___) personally known to me or (___) who has produced _______________________________ as identification
and who (did / did not) take an oath.
________________________________________ (Signature of Notary Public)
________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
________________________________________ (Commission Number)
Vice President Construct Co Inc
Vice President
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DRUG FREE WORKPLACE FORM
The undersigned Bidderer, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________________________ does:
(Name of Bidder)
1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2.Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3.Give each employee engaged in providing the commodities or contractual services that are under contract a copy
of the Drug-Free statement.
4.Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee’s community, by any employee who is so convicted.
6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
7.As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above)
Construct Co Inc
01/16/2025
Lindsey Buchanan
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PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1.This sworn statement is submitted with Bid for ITB 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
2.This sworn statement is submitted by (Bidder) _____________________________________ whose business address is
__________________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
_____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number:
______________.
3. My name is _______________________ and my relationship to the Bidder named above is ______________________________.
4.I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state
or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5.I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or
a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
6.I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
•A predecessor or successor of a person convicted of a public entity crime; or
•An entity under the control of any natural person who is active in the management of the entity and who has been convicted of
a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by
one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of
equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that
one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the
preceding 36 months shall be considered an affiliate.
7.I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods
or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management
of an entity.
directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public
interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the
Department of General Services.)
___________________________________________________________
Signature Date:
Construct Co Inc
PO Box 53644 Orlando FL 32853
59-3591183
Lindsey Buchanan Vice President
01/16/2025
X
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PUBLIC ENTITY CRIMES STATEMENT cont.
STATE OF __________________________________
COUNTY OF ________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2025, and is personally known to me, or
has provided ______________________ as identification.
____________________________________________ My Commission expires: ________________
Notary Public
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DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS
Certification A - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief that its principals:
a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal debarment or agency;
b.Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, making false statements, or receiving stolen property;
c.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and
d.Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation of this proposal.
Instructions for Certification (A)
By signing and submitting this Bid, the prospective primary participant is providing the certification set out below;
a.The inability of a person to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective participant shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection
with the department or agency’s determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or any explanation shall disqualify such person from
participation in this transaction.
b.The certification in this clause is a material representation of fact upon which reliance was placed when
the department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
c.The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
d.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this
clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance
in obtaining a copy of these regulations.
e.The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
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f.The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transaction,” provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
g.A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines this eligibility of its principals. Each participant may, but is not required
to, check the Non- procurement List.
h.Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
i.Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause of default.
Certification B - Lower Tier Covered Transactions
a.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b.Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification (B)
By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
a.The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
b.The prospective lower tier participant shall provide immediate written notice to the person to whom
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
c.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this
clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these
regulations.
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
d.The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
e.The prospective lower tier participant further agrees by submitting this proposal that it will include this
clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitation for lower
tier covered transactions.
f.A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principles. Each participant may but is not required
to, check the Non- procurement List.
g.Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
h.Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower
covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies including suspension and/or debarment.
Bidder: Date:
Signature of Authorized Certifying Official: Title:
Construct Co Inc 01/16/2025
Vice PresidentLindsey Buchanan
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
E-VERIFY STATEMENT
Bid Number: ITB # 11-24-07 PH
Project Description: Erosion Control Countermeasures within Gee Creek at Moss Park
Bidder acknowledges and agrees to the following:
Bidder shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of:
1.All persons employed by the Bidder during the term of the Contract to perform
employment duties within Florida; and
1.All persons assigned by the Bidder to perform work pursuant to the contract with
the CITY.
Bidder: ______________________________________________________________________
Authorized Signature: __________________________________________________________
Title: ________________________________________________________________________
Date: _______________________________________________________________________
Construct Co Inc
Vice President
01/16/2025
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Bid for ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
This sworn statement is submitted by (Bidder) ___________________________________ whose business address is
__________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to the Bidder named above
is________________________.
1.The above-named Bidder is submitting a Bid for the City of Winter Springs.
2.The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3.The Affiant states that only one submittal for the above Bid is being submitted and that the above-named
Bidder has no financial interest in other entities submitting Bids for the same project.
4.Neither the Affiant nor the above- named Bidder has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the Bidder’s submittal for the above Bid. This statement restricts the discussion of pricing data
until the completion of negotiations if necessary and execution of the Contract for this project.
5.Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6.Neither the Bidder nor its affiliates, nor anyone associated with them have any potential conflict of interest due to
any other clients, contracts, or property interests for this project.
7.I certify that no member of the Bidder’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8.I certify that, should the Bidder be awarded a contract after successful negotiation, the execution and approval of
such contract by the City of Winter Springs City Commission shall not create a conflict of interest under Chapter
112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the Bidder’s ownership
or management is a spouse, child or “relative” as defined in Section 112.3142, Florida Statutes, of a current City
Commission member.
9.In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
Bidder, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ____________________________
COUNTY OF __________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ______ day of ________________, 2025, and is personally known to me, or
has provided ______________________ as identification.
________________________________________ My Commission expires: ____________________
Notary Signature
Construct Co Inc
PO Box 536488, Orlando FL 32853
59-3591183
Lindsey Buchanan
Vice President
01/16/2025
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06
Florida Statutes § 787.06(13) provides that:
When a contract is executed, renewed, or extended between a nongovernmental entity and a
governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit
signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting
that the nongovernmental entity does not use coercion for labor or services as defined in this section. For
purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1).
THIS AFFIDAVIT MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM
AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE.
a.The Vendor, owners, or principals are aware of the requirements of Section § 787.06, Florida Statutes; and
b.The Vendor, owners, or principals are eligible to participate in this solicitation and do not use coercion for the labor
or services contemplated in their Proposal response.
(Authorized Signature)
(Printed Name and Title)
(Name of Proposer)
STATE OF ____________________________________
COUNTY OF __________________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization, this ______ day of __________, 2025 by _____________________ the _________________ of
__________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public: _________________________________
Print Name: ___________________________________
My Commission Expires: _________________________
Lindsey Buchanan, Vice President
Construct Co Inc
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ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park
SMWBE UTILIZATION PLAN
Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization
Bidder Company Name: _________________________________________________________________
Project Name : Erosion Control Countermeasures within Gee Creek at Moss Park
ITB Number : ITB # 11-24-07 PH
CFR §200.321 requires local governments to take all necessary affirmative steps to assure that
minority business, women’s business enterprises, and labor surplus area firms are used when
possible. The CITY requires that Bidders (Prime Contractors), if subcontracts are to be let, to take
the five affirmative steps as cited below. Please describe your firm’s plan for identifying and
potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as
necessary.
•Placing qualified small and minority business and women’s business enterprises on
solicitation lists.
•Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources.
•Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business and women’s business
enterprises.
•Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises and
veteran owned businesses.
•Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration or the Florida Office of Supplier Diversity
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
Construct Co Inc
173
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178
Section H – Florida State Corporate Filing
CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853
MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F
www.constructco-inc.com CGC1516163 179
Appendix E: Key Personnel Resumes
180
Appendix E: Key Personnel Resumes
181
Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESBUCHANAN, BASIL SHAWNDo not alter this document in any form.CONSTRUCT CO INCLICENSE NUMBER: CGC1516163EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.931 DENNIS AVEORLANDO FL 32807Always verify licenses online at MyFloridaLicense.comISSUED: 09/03/2024182
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CONSENT AGENDA ITEM 304
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Fiscal Year (FY) 2026 Budget Calendar
SUMMARY
Approval of the Budget Calendar is needed in order to establish a timeline for the FY
2026 budget process. The most critical events have been emphasized/bolded on the
attached proposed FY 2026 Budget Calendar. The proposed millage rate, rolled back
rate, and public hearing must be sent to Property Appraiser within 35 days of
certification of value. This is currently estimated to be August 4, 2025.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the City Commission approve the FY 2026 Budget Calendar or
amend as it deems necessary.
275
FY 2026 Budget Calendar
City of Winter Springs
Key dates in BOLD
Proposed:
Date Function
February 10 Commission establishes FY 2026 Budget Calendar
by July 1 Transmission of Proposed 2026 Budget - budget placed
on Shared Drive and Website
Tentative:
by July 1 Property Appraiser submits DR 420 Certification of Value
July 14 Budget Workshop
July 14 Commission establishes millage cap (DR 420 tentative
millage rates via Resolution)
August 4 Deadline to Notice Property Appraiser of:
Proposed Millage Rate / Rolled-back Rate / Date, Time,
Place of Public Hearing
(Must be sent within 35 days of certification of value)
August 24 Deadline for Property Appraiser to send TRIM Notice to
property owners
(Considered notification of Tentative public hearing; must
be mailed by PA within 55 days of value certification)
September 8 Public Hearing (Tentative)
Tentative millage and budget hearing (Resolutions)
(Must be within 80 days of value certification but not
earlier than 65 days after certification)
Final/Adopted:
September 18 Advertisement publication date (Thursday for Seminole
Extra) for final millage and budget hearing
(Final public hearing must be within 15 days of the
tentative public hearing)
September 22 Public Hearing (Final)
Final millage and budget hearing - Adoption of final
millage and budget must be done separately and in that
order (Resolutions)
(Hearing must be held not less than 2 days or more than 5
days after advertisement is published)
by
September 25
Resolution to Property Appraiser
Resolution to Tax Collector
(Must be submitted within 3 days after adoption of final
millage rate)
by
October 22
Electronically submit TRIM package to Property Tax
Administration Program Department of Revenue (Must
be submitted within 30 days of final adoption)
276
CONSENT AGENDA ITEM 305
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Surplus Assets
SUMMARY
The attached surplus asset list details fixed assets that are no longer functional or
needed and will be disposed of according to the City Fixed Asset Procedure.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission authorize the disposition of surplus assets
according to the attached disposition sheet.
277
Comission Date Surplus Assets Methods of Disposal
2/10/2025 1 - Auction/Sale 6 - Totaled/Accident
2 - eWaste 7 - Lost
3 - Destroy 8 - Stolen
4 - Salvage 9 - Donated
5 - Trade-in 10 - Transfer
Department Description Asset # Acquisition Date Original Cost Method of Disposal
Police Dept 002 - 2012 Chevrolet Camaro 301925 12/30/2011 27,100$ 1
Police Dept 054 - 2013 IMPALA 302005 12/13/2013 26,320$ 1
Police Dept 076 - 2013 IMPALA 302006 12/13/2013 26,320$ 1
Police Dept 007 - 2007 Chev Trailblazer 301670 1/11/2007 17,050$ 1
Utilities 751 - 2002 Ford F-150 Truck 307652 1/23/2002 16,995$ 1
Utilities 733 - 1999 Ford F-250 Super Duty 307637 3/30/1998 24,237$ 1
Public Works Equip Eagle Vehicle Lift 307702 8/27/2003 N/A - Controlled 4
278
CONSENT AGENDA ITEM 306
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Municipal Services Agreement, Winter Springs Senior Center Inc.
SUMMARY
During recent City Commission meetings, the Commission provided direction to City
Staff regarding desired updates to the existing Municipal Services Agreement with the
Winter Springs Senior Center Inc.
On January 13th, City Staff met with the board of the Winter Springs Senior Center Inc.
to discuss potential updates for inclusion in the agreement. All proposed revisions
have been incorporated into the attached redlined copy of the Municipal Services
Agreement for review.
FUNDING SOURCE
RECOMMENDATION
City Staff is recommending City Commission review and approve the revised Municipal
Services Agreement with the Winter Springs Senior Center Inc.
279
Municipal Services Agreement
City of Winter Springs and Winter Springs Senior Center, Inc.
Page 1 of 17
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MUNICIPAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of
November_____________, 202509, by and between the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation with its principal location at 1126 East State Road
434, Winter Springs, Florida 32708 ("City") and WINTER SPRINGS SENIOR CENTER,
INC., a Florida nonprofit not for profit corporation with its principal place of business located at
400 North Edgemon Avenue, Winter Springs, Florida 32708 ("Service Provider").
RECITALS:
WHEREAS, the City desires to continue providing wholesome and entertaining
programs, functions, and services to its senior citizens; and
WHEREAS, the City finds that these programs, functions, and services serve a public
purposes; and
WHEREAS, the Service Provider is a not-for-profit Florida corporation, which desires to
continue providing senior programs, functions, and services for the benefit of the citizens of the
City of Winter Springs; and
WHEREAS, the City Council believes the programs and services to be provided through
the programs of the Service Provider within the City of Winter Springs have and will continue to
benefit all residents of the City, especially the seniors; and
WHEREAS, the Service Provider has requested to assist the City in off-settingoffsetting
the costs associated with providing the programs, functions and services necessary to meet the
needs and desires of the residents of the City; and
WHEREAS, the parties recognize that , this Agreement is necessary to ensure that the
programs, functions and services provided pursuant to this Agreement ultimately serve the
aforesaid public purpose; and
WHEREAS, the City and Service Provider previously entered into a Municipal Services
Agreement for the Service Provider to provide programs within the City of Winter Springs,
executed on November 18, 2009; and
WHEREAS, the City and Service Provider desire to continue their established
relationship while amending the precise terms of the Agreement between the Parties and the
responsibilities of each Party under this Agreement; and
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Municipal Services Agreement
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WHEREAS, the parties agree that the services provided by the Service Provider
hereunder are for the benefit of the public health, safety, welfare, convenience and morals of the
citizens of the City of Winter Springs.
NOW THEREFORE, in consideration of the mutual promises and covenants herein,
and other good and valuable consideration, which the parties agree has been exchanged and
received, the parties agree as follows:
1.0 Recitals. The foregoing recitals are deemed to be true and accurate and are
fully incorporated herein by this reference.
2.0 Definitions. For purposes of this Agreement, the following terms and words
shall have the meaning ascribed to them, unless the context clearly indicates otherwise:
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization
for the Service Provider to provide the Municipal Services stated herein.
(b) "City" is the City of Winter Springs, a Florida municipal corporation.
(c) "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not be effective against any party until said date.
(d) “Facilities” shall mean the senior center owned by the City and located on at 400
N. Edgemon Drive in Winter Springs, Seminole County, Florida.
(e) "Funds" shall mean the monies paid by the City to the Service Provider in
accordance with paragraph 4.0 of this Agreement, if any.
(f) "Public Records" areis as described in Section 119.011(1),Chapter 119, Florida
Statutes.
(fg) "Service Provider" is Winter Springs Senior Center, Inc., a Florida non-profit
corporation.
(gh) "Work" or "Municipal Services" shall be used interchangeably and shall refer to
the performance of the services outlined in paragraph 5.0 of this Agreement.
(hi) "Wrongfully Expended Funds" is defined in paragraph 15.0 of this Agreement.
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3.0 Engagement. The City desires to maintain a recreational and cultural program
for seniors which will be hosted primarily at the Facilities. In furtherance of this desire, the City
hereby engages the Service ProviderProvider, and the Service Provider agrees to perform the
Municipal Services outlined in paragraph 5.0 of this Agreement under the terms and conditions
herein.
4.0 Funds; Use of City of Winter Springs Senior Center Facilities.
(a) The City is not beshall not be responsible for funding the municipal services provided
by Service Provider under this Agreement. The parties recognize that Service Provider raises
revenue through membership dues, donations, fees, and surplus proceeds earned through
programs, services, and functions held by Service Provider from time-to-time (“Revenue”).
Service Provider agrees that this Revenue, less Service Provider’s reasonable business expenses
and charitable donations, will be used to fund programs, services, and functions provided by
Service Provider under this Agreement. However, at the City’s sole and absolute discretion, the
City may choose to also fund, in whole or in part, other or supplemental programs, functions, and
services for seniors at the Facilities. Said programs, functions, and services may be performed
independent of those programs, functions, and services provided by Service Provider, or
alternatively, they may be performed together with the Service Provider. Any funds provided by
the City under this Agreement must be lawfully budgeted and appropriated for such purpose
during the City’s current fiscal year.
(b) Subject to the provisions of Paragraph 8.0 of this Agreement, Service Provider shall
have the use of the Facilities to provide the programs, functions, and services required by this
Agreement. It is understood that the Service Provider may have the use of the Facilities for their
membership activities provided said activities are in furtherance of, and consistent with, the
programs, functions, and services required by this Agreement.
5.0 Municipal Services Provided by Service Provider. In cooperation with the
City, the Service Provider agrees, at its expense, to coordinate and provide programs, functions,
and services for senior citizens at the Facilities. Said senior programs, functions, and services
shall include:
5.1 Educational classes and seminars related to computers, driving, internet
usage, Art, AARP sponsored programs, medical issues, and other informative
topics deemed reasonable for a cultural and recreational senior center.
5.2 Exercise classes such as Tai Chi, Yoga, Jazzercise, swimming, and similar
activities.
5.3 Dance classes and events.
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5.4 BINGO pursuant to the terms and conditions of paragraph 7.0.
5.5 Recreational games such as Bridge, BillardsBilliards, Cards, BUNCO, and
similar activities subject to the terms and conditions of paragraph 7.0.
5.6 Organized breakfasts, luncheons and dinners.
(a) City employees may assist the Service Provider with tasks related
to providing organized breakfasts, luncheons, and dinners,
including but not limited to assisting with setting up for meal
services, serving meals, accepting and unpacking food deliveries,
and cleaning following meal services.
5.7 Field trips to museums, events, or other attractions.
5.8 Book and movie clubs.
5.9 Other programs, functions, and services approved by Service Provider and
the City.
6.0 Additional Responsibilities of Service Provider.
6.1 Service Provider will provide and maintain a number of computers and
printers for use by seniors at the Facilities. Said computers will have an internet connection.
Service Provider agrees to provide, at its expense, the internet service and computer supplies
such as paper, ink, and other supplies for the computers and printers.
6.2 Service Provider will provide an updated monthly calendar of senior
programs, functions, and services. City employees may be available to assist with electronic
formatting of the calendar. To the extent that the calendar is contained within a newsletter or
other document, City employees may be available to assist with electronic formatting of the
newsletter or other document .
(a) The calendar does not reflect the official positions, statements, or opinions
of the City.
(b) Any newsletters, pamphlets, brochures, or any other documents produced
by the Service Provider, including any advertisements contained within
said newsletters, pamphlets, brochures, or other documents, do not reflect
the official positions, statements, or opinions of the City.
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6.3 Service Provider will provide and maintain an adequate stock of
miscellaneous beverage supplies for the kitchen at the Facilities including coffee, tea, creamers,
and milk. In addition, Service Provider will also provide and maintain miscellaneous paper
products for the kitchen at the Facilities such as paper plates and utensils, paper towels, and
napkins. The beverage supplies and paper products provided by the Service Provider shall only
be used for the senior programs, functions, and services.
6.4 With the City’s prior written approval, Service Provider may also provide and
maintain other equipment and furniture at the Facilities. However, to the extent that the
equipment and furniture is not donated to, and accepted by, the City, said equipment and
furniture must be inventoried at all times by mutual agreement of the parties. In addition, such
equipment and furniture, to the extent physically feasible, must be properly labeled by Service
Provider with an identification tag or permanent marker evidencing Service Provider’s
ownership. Any of Service Provider’s equipment or furniture located at the Facilities prior to the
effective date of this Agreement, will be inventoried and tagged, or marked within thirty (30)
days by mutual agreement of Service Provider and City. The City shall not be liable for any loss
or damage to Service Provider’s equipment and furniture located at the Facilities, unless such
loss or damage was directly caused by a City employee.
6.5 Service Provider will be responsible for routine clean-up after every program,
function, or service provided by Service Provider at the Facilities including, but not limited to,
disposing of trash, removing debris from tables and the floor, washing dishes, pots, and utensils,
and putting away items in their assigned place. City employees may assist with clean-up
following services, including but not limited to assisting with lifting heavy items, moving items,
taking out trash, cleaning floors and surfaces, and related tasks.
7.0 Gambling Prohibited. Gambling at the Facilities is strictly prohibited. In
furtherance of this prohibition, Service Provider agrees to periodically advise its members of this
prohibition at appropriate times, and to take such actions that are necessary to prohibit its
members and any invitee thereof from gambling at the Facilities.
Notwithstanding the foregoing, in accordance with Florida law, the following activities
shall not be considered gambling: (1) BINGO provided the BINGO activity is conducted in
accordance with section 849.0931, Florida Statutes, as may be amended; and (2) Penny-ante
games defined and conducted in accordance with section 849.085, Florida Statutes, as may be
amended. Service Provider shall familiarize itself with the aforementioned statutes. A copy of
the current applicable statutes are attached hereto as EXHIBIT “A.”
8.0 City’s Use and Maintenance of Facilities. Service Provider understands and
agrees that the Facilities are owned by the City, and that as owners, the City has the priority right
to use the Facilities for other municipal purposes, and to maintain said Facilities. Service
Provider also understands and agrees that the municipal services provided by Service Provider
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hereunder may need to be rescheduled because of, or coordinated in advance with, the City’s
other scheduled events for the Facilities or the City’s maintenance of the Facilities. Service
Provider agrees to fully cooperate with the City in scheduling and conducting any programs,
functions, and services at the Facilities.
9.0 Association Membership. The parties recognize that Service Provider has
adopted By-Laws whereby individuals, who are fifty-five years of age and older and residents of
Seminole County, are eligible to become members of the association organized and managed by
Service Provider. In addition, members are required to pay annual dues to become a member of
the association. The City understands that this is a private membership organized under Florida
corporate law. Further, the City agrees that the Service Provider may continue to offer this
private membership opportunity in conjunction with the services provided hereunder. However,
Service Provider understands and agrees that individuals do not have to become members of the
association in order to use the Facilities. While Service Provider may explain the benefits and
privileges of becoming a member of the association, Service Provider shall not represent to any
individual, under any circumstance, that membership in the association is a condition for using
the Facilities, or participating in a senior function, program, and service provided by the City
under this Agreement.
10.0 Background Checks; Employment Restrictions.
10.1 To the extent required by the City or law, Service Provider shall conduct
criminal, civil and employment background checks on the officers, employees, and volunteers
hired or retained by Service Provider. Upon request by the City, the results of these background
checks shall be made immediately available to the City for inspection.
10.2 Service Provider shall not allow any of its officers, employees or
volunteers to perform any services that are provided hereunder if said officer, employee or
volunteer has been convicted, or found in violation of, any elder abuse statute including, but not
limited to, section 825.102, Florida Statutes and chapter Chapter 415, Florida Statutes. For
purposes of this subsection, the terms “convicted” or “found in violation of” shall include not
only a court adjudication of guilty or civil judgment in violation, butviolation but shall also
include a plea of nolo contendere and any pending formal criminal charge or pending civil action
brought against an officer, employee, or volunteer of Service Provider.
11.0 Facilities Rules Adopted by the City. The City has the sole and absolute
discretion to adopt rules and procedures for the use of the Facilities. Service Provider agrees to
familiarize itself with the rules and procedures and to abide by them at all times. Moreover,
Service Provider will enforce said rules and procedures against individuals or its members to the
extent said individuals or members are participating in any services, functions, or programs
provided by Service Provider hereunder.
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12.0 Professionalism and Standard of Care. The Service Provider shall do, perform
and carry out in a professional manner all services required to be performed by this Agreement.
Service Provider shall also use the degree of care and skill in performing the services that are
ordinarily exercised under similar circumstances by reputable members of Service Provider’s
profession working in the same or similar locality as Service Provider.
13.0 Submittal of Progress Reports. On an annual basis, theThe Service Provider
shall provide an annual financial report to the City. In addition, Service Provider shall submit
upon request of the City a written progress report as to the status of all services set forth in this
Agreement and to the success of the project. The report shall in a sufficient manner demonstrate
that any Funds expended were used to provide senior programs, functions, and services to
Facilities. If the detail in any report is not sufficient in the City Manager’s reasonable discretion
to permit the City to determine the financial status of the Service Provider, services performed or
the manner in which services are being performed, the City may seek more detailed information
from the Service Provider. Service Provider agrees to provide that information within a
reasonable time period.
14.0 Warranty of Professional Services. The Service Provider (for itself and any of
its employees, contractors, partners, and agents used to perform the services provided hereunder)
hereby warrants unto the City that all of its employees (and those of any of its contractors,
partners, and agents used to perform the services) have sufficient experience to properly
complete the services specified herein or as may be performed pursuant to this Agreement. In
pursuit of any services, the Service Provider shall supervise and direct the services, using its best
skill and attention and shall enforce strict discipline and good order among its employees. The
Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of
any public authority hearing on the performance of the services.
15.0 Services are a Private Undertaking. With regard to any and all services
performed hereunder, it is specifically understood and agreed to by and between the parties
hereto that the contractual relationship between the City and Service Provider is such that the
Service Provider is an independent contractor and not an agent of the City. The Service
Provider, its officers, contractors, partners, agents, volunteers, and their employees are
independent contractors and not employees of the City. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor, between the
City, on one hand, and the Service Provider, its officers, contractors, partners, employees,
volunteers, or agents, during or after the performance of the services under this Agreement.
16.0 Compliance Monitoring. Service Provider agrees that City control and
monitoring of any Funds provided by the City hereunder is necessary to insureensure that
Service Provider is expending said Funds in furtherance of the public purposes declared by the
City under this Agreement.
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17.0 Public Records. Pursuant to Section 119.0701, Florida Statutes, and other
applicable public records laws (collectively, the “Public Records Laws”), Service Provider
agrees that any records, documents, transactions, writings, papers, letters, computerized
information and programs, maps, books, audio or video tapes, films, photographs, data
processing software, writings or other material(s), regardless of the physical form,
characteristics, or means of transmission, of Service Provider related, directly or indirectly, to the
services provided to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City, may be deemed
to be a public record under and pursuant to the Public Records Laws, whether in the possession
or control of the City or the Service Provider. If and to the extent said records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics, or means of transmission of Service Provider are
subject to the provisions of Chapter 119, Florida Statutes, or other Public Records Laws (records
subject to the Public Records Laws are herein referred to as “public records”), they may not be
destroyed without the specific written approval of the City’s designated custodian of public
records. All books, cards, registers, receipts, documents, and other papers in connection with this
Agreement shall at any and all reasonable times during the normal working hours of the Service
Provider be open and freely exhibited to the City for the purpose of examination and/or audit.
Notwithstanding anything herein to the contrary, the parties agree to maintain the confidentiality
of any and all records or documents from third party disclosure that are deemed confidential
and/or exempt from public records disclosure pursuant to federal or state law, including, but not
limited to, under the Health Insurance Portability and Accountability Act of 1996 and related
HIPAA Privacy Rules.
IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE
PROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY
CLERK, AT (407) 327-5999, cgowan@winterspringsfl.org or
cityclerkdepartment@winterspringsfl.org, 1126 East State Road 434, Winter Springs,
Florida, 32708.
Service Provider is required to and agrees to comply with public records laws.
Service Provider shall keep and maintain all public records required by the City to perform the
services as agreed to herein. Service Provider shall provide the City, upon request from the City
Clerk, copies of the requested public records or allow the public records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by law. Service
Provider shall ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law. Upon completion
of the Agreement, Service Provider shall transfer to the City, at no cost, copies of all public
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records in possession of the Service Provider, provided the transfer is requested in writing by the
City Clerk. Upon such transfer, Service Provider shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. However, if
the City Clerk does not request that copies of the public records be transferred, the Service
Provider shall continue to keep and maintain the public records upon completion of the
Agreement and shall meet all applicable requirements for retaining public records. All public
records stored electronically must be provided to the City, upon request from the City Clerk, in a
format that is compatible with the information technology systems of the City. Should the City
not possess public records relating to this Agreement which are requested to be inspected or
copied by the City or any other person, the City shall immediately notify Service Provider of the
request and the Service Provider shall then provide such public records to the City or allow the
records to be inspected or copied within a reasonable time. If the Service Provider does not
comply with a public records request, the City may enforce this Section to the extent permitted
by law. Service Provider acknowledges that if the Service Provider does not provide the public
records to the City within a reasonable time, the Service Provider may be subject to penalties
under Section 119.10, Florida Statutes. The Service Provider acknowledges that if a civil action
is filed against the Service Provider to compel production of public records relating to this
Agreement, the court may assess and award against Service Provider the reasonable costs of
enforcement, including reasonable attorney fees. All public records in connection with this
Agreement shall, at any and all reasonable times during the normal business hours of the Service
Provider, be open and freely exhibited to the City for the purpose of examination, audit, or
otherwise. Failure by Service Provider to grant such public access and comply with public
records laws and/or requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City upon delivery of a written notice of cancellation. If the Service Provider
fails to comply with this Section, and the City must enforce this Section, or the City suffers a
third-party award of attorney’s fees and/or damages for violating Chapter 119, Florida Statutes,
due to Service Provider’s failure to comply with this Section, the City shall collect from Service
Provider prevailing party attorney’s fees and costs, and any damages incurred by the City, for
enforcing this Section against Service Provider. And, if applicable, the City shall also be entitled
to reimbursement of all attorneys’ fees and damages which the City had to pay a third party
because of the Service Provider’s failure to comply with this Section. The terms and conditions
set forth in this Section shall survive the termination of this Agreement.Service Provider agrees
that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings,
data processing software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to this Agreement, or in connection with any
Funds provided by the City and expended by Service Provider pursuant to this Agreement, are
considered public records pursuant to Chapter 119, Florida Statutes. All public records shall be
retained for a period of three (3) years after the termination of this Agreement, or after resolution
of all on-going state or local audits, whichever occurs later.
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18.0 Audit and Inspections. All Service Provider’s records with respect to any
matters covered by this Agreement shall be made available to the City, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. If said records are located on property owned, leased, or used by
Service Provider or its officers, the City shall be given a right of entry onto said property for
purposes of performing the audit and examination authorized by this paragraph. Any
deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty
(30) days after receipt by the Service Provider. Failure of the Service Provider to comply with
the above audit requirements will constitute a material breach of this Agreement and may result,
at the sole discretion of the City, in the withholding of future Funds or immediate return to the
City any Funds provided by this Agreement.
19.0 Civil Rights. The Service Provider agrees to comply with any and all federal,
state and local civil rights laws, including, but not limited to Title VI of the Civil Rights Act of
1964 as amended; Title VII of Civil Rights Act of 1968 as amended; Section 109 of Title I of the
Housing and Community Development Act of 1974; Section 504 of the Rehabilitation Act of
1973; the Americans with Disabilities Act of 1990; the Age and Discrimination Act of 1975;
Executive Order 11063; and with Executive Order 11246 as amended by Executive Orders
11375 and 12086.
20.0 Nondiscrimination. The Service Provider will not discriminate against any
person because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital status, or status with regard to providing services under this Agreement.
The Service Provider will take affirmative action to insure that all employment practices and
services provided hereunder are free from such discrimination. Such employment practices
include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Service Provider agrees to provide notice to
all its existing and prospective officers, employees, and volunteers of the provisions of this
nondiscrimination clause.
21.0 Representation and Warranties. Service Provider represents and warrants that
it shall use any and all Funds received from the City under this Agreement for the sole purpose
of performing the services provided in paragraph 5.0 herein. In the event the City provides said
Funds, and Service Provider then fails to expend such Funds for said purpose (Wrongfully
Expended Funds), Service Provider shall fully reimburse the City the Wrongfully Expended
Funds plus interest calculated at maximum rate allowable under Florida law per annum. If the
City must take any legal action to collect any Wrongfully Expended Funds, the Service Provider
shall be liable for all costs incurred by the City to collect such Funds including, but not limited
to, reasonable attorneys fees, filing fees, and other costs.
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22.0 Severability. Should any paragraph or any part of any paragraph of this
Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such
a determination shall not render void, invalid, or unenforceable any other paragraph or any part
of any paragraph in this Agreement.
23.0 Choice of Law; Venue. This Agreement has been made and entered into in the
State of Florida, County of Seminole, and the laws of such state shall govern the validity and
interpretation of this Agreement and the performance due hereunder.
The parties agree that venue shall be exclusively in Seminole County, Florida, for all
state court actions or disputes which arise out of or based upon this Agreement, and in Orlando,
Florida for allfor all federal court actions or disputes which arise out of or are based upon this
Agreement.
24.0 Integration; Modification. The drafting, execution, and delivery of this
Agreement by the Parties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein. This Agreement embodies the entire
understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly
referred to herein. Modifications of this Agreement shall only be made in writing signed by both
parties.
25.0 Attorney’s Fees. Should either party bring an action under the terms and
conditions of this Agreement, each party agrees to bear their own attorney’s fees and costs in
said action.
26.0 Headings. All headings in this Agreement are for convenience only and shall not
be used to interpret or construe its provisions.
27.0 Waiver. Any waiver by City of any breach or violation of Service Provider’s
obligations under this Agreement shall not be construed as a continuing waiver or consent to any
subsequent breach or violation.
28.0 Corporate Representations. Service Provider makes the following
representations to City:
28.1 Service Provider is duly organized and in good standing under the
laws of the State of Florida, and is duly qualified and authorized to carry on the
functions, responsibilities, and obligations in this Agreement.
28.2 The undersigned signatory for Service Provider has the power,
authority, and the legal right to enter into and perform the obligations set forth in
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this Agreement and all applicable exhibits thereto, and the execution, delivery,
and performance hereof by Service Provider has been duly authorized by the
board of directors and/or president of Service Provider. In support of said
representation, Service Provider agrees to provide a copy to the City of a
corporate certificate of good standing provided by the State of Florida prior to the
execution of this Agreement.
29.0 No Joint Venture. No provision contained herein shall be construed as creating a
joint venture between the parties.
30.0 Notices. Communication and details concerning this Agreement shall be directed
to the following contact representatives:
Attn: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
(407) 327-5957
with copy to
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D’Agresta,
P.A.Garganese, Weiss, D’Agresta & Salzman
P.A.
P.O. Box 2873
Orlando, Florida 32802-2873
407-425-9566
Attn: Gary W. Coffman, President
Winter Springs Senior Center, Inc.
400 North Edgemon Avenue
Winter Springs, Florida 32708
(407) 327-4031
The foregoing addresses and representatives may be amended by any party at any time
during the term of this Agreement by providing the other party written notice of said amendment.
31.0 Time of Performance/Term. Time is of the essence under this Agreement. The
services provided by the Service Provider shall begin immediately upon execution of this
Agreement. To the extent that the City has provided any Funds to Service Provider under this
Agreement, and Service Provider has failed to expend all the Funds appropriated within a given
year, the City, at its sole discretion, may require Service Provider to immediately return to the
City any and all Funds not properly expended or allow Service Provider additional time to
properly expend the Funds pursuant to this Agreement.
32.0 Termination by City; Curing Defaults.
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32.1 The City may terminate this Agreement at any time, without penalty, by
providing Service Provider with at least seven (7) calendar days written notice. However, the
City may immediately terminate this Agreement if Service Provider has materially failed to
comply with any term of this Agreement or discontinues (in the sole opinion of the City)
providing the services required by this Agreement. Upon termination, Service Provider shall: (i)
discontinue providing the services provided hereunder; (ii) remit to the City any Funds provided
by the City that have not been expended; (iii) remove its property from the Facilities under the
supervision of the City; and (iv) notify in writing its members, officers, employees, volunteers,
and contractors of the termination.
32.2 If Service Provider is in default of any provision set forth in this
Agreement, the City shall provide Service Provider with at least five (5) calendar days to cure
the default prior to termination. If default has not been cured, to the satisfaction of the City,
within the cure period, the City may, at its sole option, extend the time period to cure the default
or terminate this Agreement. If the City terminates this Agreement for cause, it can elect any
remedy provided by law, including, but not limited to, immediately requiring repayment of any
and all of the Funds provided in paragraph 4.0 herein. In addition, the City may declare Service
Provider ineligible to participate in any other City program, service, and function.
33.0 Indemnification and Hold Harmless. For all services performed pursuant to
this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify
and hold harmless the City, its employees, attorneys and officers, from and against all claims,
losses, damages, personal injuries (including but not limited to death), or liability (including
reasonable attorney’s fees), directly or indirectly arising from, or out of the following: (a) the
acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service
Provider’s and its officers, employees, partners, contractors, volunteers, and agents performance
of the services being performed under this Agreement; (b) Service Provider’s, and its officers,
employees, partners, contractors, volunteers, and agents failure to comply with the provisions of
any federal, state, or local laws, ordinance, or regulations applicable to Service Provider and its
officers, employees, partners, contractors, volunteers, and agents performance under this
Agreement; (c) any fraud and misrepresentation conducted by Service Provider and its officers,
employees, partners, contractors, volunteers, and agents against the City or any person
participating in any program, function, and service conducted pursuant to this Agreement; (d)
Service Provider’s and its officers, employees, partners, contractors, volunteers, and agents
failure to properly expend any Funds provided by the City pursuant to this Agreement.
The indemnification provided above shall obligate the Service Provider to defend at its
own expense or to provide for such defense, at the option of the City, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the
City or its employees and officers which may result from the services performed under this
Agreement whether the services are performed by the Service Providers, its officers, employees,
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contractors, partners, volunteers, and agents or anyone directly or indirectly employed by the
Service Provider. In all eventevents the City shall be permitted to choose legal counsel of its
sole choice, the fees for which shall be reasonable and subject to and included with the
indemnification provided herein.
34.0 Assignment. This Agreement shall not be assigned by Service Provider.
35.0 Bankruptcy. The Service Provider hereby warrants and guarantees unto the City
that it has not filed for bankruptcy or is subject to appointment of a receiver as of the Effective
Date hereof. If Service Provider has filed for or files for bankruptcy, should be adjudged
bankrupt, is subject to appointment of a receiver, or makes a general assignment for the benefit
of creditors, the City, upon not less than three (3) days written notice to the Service Providers,
without prejudice to other remedies or rights that the City may have, may terminate this
Agreement and require immediate repayment of any Funds provided by the City that have not
been expended by Service Provider pursuant to this Agreement or Wrongfully Expended Funds.
36.0 No City Obligation for Future Funds. No provision in this Agreement shall be
construed as requiring the City to provide any funds for municipal services under this Agreement
or at any time in the future, other than as specifically provided herein.
37.0 Insurance Requirements. For all programs, functions, and services provided
by Service Provider under this Agreement, including any and all programs, functions, and
services provided and performed by Service Provider and by authorized contractors hired by
Service Provider hereunder, the Service Provider shall purchase and maintain, at its own
expense, such general liability insurance to cover claims for damages because of bodily injury or
death of any person or property damage arising in any way out of the programs, functions, and
services performed by Service Provider and its authorized contractors under this Agreement. The
insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined
single limit for bodily injury liability and property damage liability. All insurance coverage shall
be insurer(s) approved by the City Manager and licensed by the state of Florida to engage in
business of writing of insurance. The City shall be named on the foregoing insurance policies as
“additional insured.” The Service Provider shall cause its insurance carriers to furnish insurance
certificates and endorsements specifying the types and amounts of coverage and effect pursuant
hereto, the expiration date on such policies, and the statement that no insurance under such
policies will be cancelled without thirty (30) days prior written notice to the City in compliance
with other provisions of this Agreement. The Service Provider shall be solely responsible to pay
any deductible, if any, relating to any claim made against the insurance coverages and policies
provided under this Agreement. If the City has any objection to the coverage afforded by or
other provision of the insurance required to be purchased and maintained by the Service Provider
in accordance with this paragraph on the basis of its not complying with the Agreement, the City
shall notify the Service Provider in writing thereof within thirty (30) days of the date of deliver
of such certificates and endorsements to the City. For all programs, functions, and services
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permitted and occurring under this Agreement, including any and all programs, functions, and
services provided and performed by Service Provider and by authorized contractors, the Service
Provider shall continuously maintain such insurance in the amount, type, and quality as required
by this paragraph.
38.0 City Premises. Service Provider acknowledges that its employees
and agents will behave in an appropriate manner while on City property and while on any
residential or commercial private property relating to the performance of Services in accordance
with this Agreement and shall, at all times, conduct themselves in a manner consistent with City
policies and within the discretion of the City Project Manager or designee. Professional and
personal conduct of Service Provider’s staff shall conform to City’s personnel policies and
procedures. It is a material breach of this Agreement for any agent or employee of Service
Provider to behave in a manner which is inconsistent with appropriate conduct or decorum or to
behave in any manner that will disrupt the functioning of the City or constitute any level of threat
to the safety, health, and/or well-being of any citizen, invitee, licensee, agent, or employee of the
City. Service Provider agrees to immediately remove any agent or employee if directed to do so
by the City Project Manager or designee.
Service Provider acknowledges that the City shall not be responsible for injury (including death)
to Service Provider’s employees, agents, officers, or other personnel, nor shall the City be
responsible for damage to Service Provider’s property, which occurs on the City’s property,
unless the injury is the result of the City’s gross negligence or willful misconduct. At all times
while on City’s premises, Service Provider shall comply with all rules and regulations of City.
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IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the
last party signs this Agreement as stated below.
WITNESS: WINTER SPRINGS SENIOR
CENTER, INC.
________________________________
Print Name: ______________________
Address: _________________________
______________________________
Print Name: By: Gary W.
Coffman__________________________
Address: _______________________
Its: President
Date: ________________________
ATTEST: CITY OF WINTER SPRINGS:
,
Andrea Lorenzo-LuacesChristian Gowan, City Clerk By:
John F. BushKevin McCann, Mayor
Date: _____ __________
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CONSENT AGENDA ITEM 307
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Approval of the Minutes from City Commission Meetings held in January 2025.
SUMMARY
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission approve the January 13, 2025 City Commission
Regular Meeting Minutes; Wednesday, January 15 Strategic Planning Workshop
Minutes; and Monday, January 27, 2025 City Commission Regular Meeting Minutes as
presented.
297
CITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, JANUARY 13, 2025 AT 6:30 PM
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 13, 2025 | PAGE 2 OF 8
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, January 13, 2025 of the City
Commission to order at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor Kevin McCann, present
Deputy Mayor Cade Resnick, present
Commissioner Paul Diaz, present
Commissioner Victoria Bruce, present
Commissioner Sarah Baker, present
Commissioner Mark Caruso, present
City Manager Kevin A. Sweet, present
City Attorney Anthony Garganese, present
City Clerk Christian Gowan, present
Pastor Kyle Stewart led the invocation followed by the Pledge of Allegiance.
Commissioner Diaz asked about an agenda for the January 15, 2025 Commission Workshop. Attorney
Garganese recommended discussing the item under New Business. Mayor McCann also noted the
No other changes were made to the agenda
AWARDS AND PRESENTATIONS
100) NBPR-2024-0001: Non-Binding Preliminary Review - Oviedo Community Church Vacant Lot
Ms. Terrilyn Rolle, Director, Community Development Department introduced representatives from
Oviedo Community Church and noted their desire to expand and seek a text amendment to the
zoning code and amendment to an existing Development Agreement that the church is located in.
Mr. Dan Lacich, Founding Pastor, Oviedo Community Church discussed the current location, plans of
to create a grass lot for parking, and the fact that a freestanding lot is not currently permitted on non-
adjacent property.
Attorney Garganese noted the applicant was here to gauge the interest of the Commission in
amending the City Code with a proposed ordinance and noted if the Commission was amenable to
this request they could direct staff to prepare an ordinance.
Following brief discussion there was consensus among the Commission to direct staff to draft an
ordinance to be brought back at a later date.
PUBLIC INPUT
Mayor McCann opened Public Input.
Mr. Marcus Hyatt, Address, Winter Springs introduced himself as a candidate for the Florida House
of Representatives District 28.
Mr. Rob Elliott, 925 Chokecherry Court, Winter Springs representing Oak Forest noted concern about
proposals related to the elimination of boards and committees.
Ms. Gina Shafer, Winter Springs Village, Winter Springs noted concerns about removal of boards,
specifically the Veteran Committee.
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Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs welcomed City Manager Kevin Sweet, was
happy to see wastewater progress on agenda, and encouraged staying focused on that project and
prioritizing funding.
Mayor McCann closed Public Input.
CONSENT AGENDA
300) CMAR (Construction Manager at Risk) Services for WWTP (Waste Water Treatment Plant)
Project
Commissioner Diaz noted he was aware of options other than CMAR and encouraged looking into
other solutions going forward as no funding was being awarded at this point.
301) Winter Springs Police Department Purchase Twenty (20) Replacement Panasonic
Toughbook Laptop Computers
No discussion.
302) Approval of the Minutes from the Monday, December 9, 2024 City Commission Regular
Meeting
No discussion.
"MOTION TO APPROVE CONSENT AGENDA." MOTION BY DEPUTY MAYOR RESNICK. SECONDED
BY COMMISSIONER BAKER. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED 5-0.
PUBLIC HEARINGS AGENDA
400) First Reading - Ordinance 2025-01: Tree Removal, Land Clearing, Grading, and Excavation
Permits
Ms. Rolle introduced the item and noted the Planning and Zoning Board’s recommendation of
approval.
“MOTION TO READ BY TITLE ONLY.” MOTION BY DEPUTY MAYOR RESNICK.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese Read Ordinance 2024-01 by title.
Mayor McCann opened the Public Hearing for Item 400.
No one addressed the Commission.
Mayor McCann closed the Public Hearing for Item 400.
"MOTION TO APPROVE ITEM 400.” [THE FIRST READING OF ORDINANCE 2025-01.] MOTION BY
DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BRUCE. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED 5-0.
401) First Reading of Ordinance 2025-02: Land Development and Subdivisions
Ms. Rolle introduced the item, noted the need to comply with Florida Statutes.
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“MOTION TO READ BY TITLE ONLY.” MOTION BY DEPUTY MAYOR RESNICK.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinance 2025-02 by title and noted requirements of the Florida
Legislature that had been incorporated with this ordinance.
Mayor McCann opened the Public Hearing for Item 401.
No one addressed the Commission.
Mayor McCann closed the Public Hearing for Item 401.
"MOTION TO APPROVE ITEM 401.” [FIRST READING OF ORDINANCE 2025-02] MOTION BY DEPUTY
MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED 5-0.
REGULAR AGENDA
500) Updates to Adopted Social Media Policy
Mr. Brian Dunigan, Director, Operations Department noted the preparation of this item following
discussion and direction provided at the December Commission Meeting and invited questions.
Brief discussion on minor typographical errors to be addressed, the thorough nature of the document,
and best practices related to elected officials use of social media and commenting.
"MOTION TO APPROVE ITEM 500.” [THE REVISED CITY OF WINTER SPRINGS SOCIAL MEDIA
POLICY] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO.
DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED 5-0.
501) Matters Related to Boards & Committees
City Clerk Christian Gowan noted staff had looked into all city boards and committees and prepared
a report with recommendations including a recommendation to sunset the Veteran and Veteran
Families Advisory Committee, Parks and Recreation Advisory Committee, and Bicycle and Pedestrian
Advisory Committee.
Discussion followed on the analysis provided by staff, the possibility of merging the parks and bike
boards, support for the veterans committee, and adjusting board and committee responsibilities.
"MOTION TO APPROVE STAFF RECOMMENDATION TO SUNSET THE FOLLOWING BOARDS:
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY
COMMITTEE, VETERAN AND VETERAN FAMILIES ADVISORY COMMITTEE, AND THE PLANNING
AND ZONING BOARD WITH THE DESIGNATION OF THE CITY COMMISSION AS THE LOCAL
PLANNING AGENCY.” MOTION BY COMMISSIONER DIAZ. MOTION DIED FOR LACK OF A SECOND.
"MOTION TO BRING BACK ONE BOARD AT A TIME TO DISCUSS ROLES AND RESPONSIBLITIES."
MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BRUCE. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED 4-1.
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The Commission agreed to begin with the Veteran and Veteran Family Advisory Committee at the
January 27th Commission Meeting.
Mayor McCann then noted that the city needed to designate an alternate member for CALNO and
further noted that he was willing to turn over his seat as the primary representative. Brief discussion
followed on the responsibilities of CALNO and the importance of representing the city well.
MOTION TO APPOINT COMMISSIONER BAKER TO SERVE AS PRIMARY REPRESENTATIVE TO
CALNO WITH COMMISSIONER CARUSO TO SERVE AS THE ALTERNATE. MOTION BY
COMMISSIONER BRUCE. SECONDED BY DEPUTY MAYOR RESNICK.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED 4-1.
Discussion followed on the need for appointments to the Districting Commission, the responsibilities
of that commission, and the associated timeline.
502) New Business
In response to questions from the Commission, Attorney Garganese noted that it was not an absolute
rule that no action could be taken under New Business ad reviewed the applicable section of the City
Code.
Deputy Mayor Resnick noted the upcoming Strategic Plan Workshop and noted he saw this as an
opportunity for the Commission to share their goals and provide direction to the City Manager.
Manager Sweet agreed that this was an important process and noted that this plan would need to be
regularly revisited to keep it relevant.
Further discussion followed with Commissioner Diaz opposed to holding the meeting on Wednesday
without an agenda, comments from Manager Sweet on the opportunity to hear the priorities of the
Commission and have productive discussions.
Deputy Mayor Resnick asked about the ability of current technology to keep up with demand,
specifically he asked if the city had enough bandwidth to follow the Commission directive to stream
meetings on YouTube.
Mr. Dunigan noted staff was currently evaluating the demands and capabilities and would keep the
Commission informed.
Brief discussion on closed captioning concerns that had been heard by residents and data on the
number of people that watch meetings.
Commissioner Caruso noted comments on CC concerns from residents, and ability of zooming in.
Commissioner Bruce asked about data on how many people watch meetings
Following questions from the Commission, Manager Sweet noted ongoing conversations with the
lobbyist related to appropriation requests, noted these requests would mostly be tied to capital
improvement projects, and noted that he was actively working on this with plans to bring a list to the
January 27th Commission meeting for adoption.
Mayor McCann asked about ex-parte communications and asked Attorney Garganese to share a
memo with the Commission reminding them of their responsibilities and code requirements.
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REPORTS
600) City Manager Kevin A. Sweet
• Noted ongoing operational assessment, meetings with staff, residents, and colleagues outside
of the city;
• thanked Kevin Maddox, Landscape Manager and team for their work on the City Hall drainage
project and noted associated savings;
• Announced that Zulu Marine Services video on debris removal had been submitted for NRCS
funding consideration;
• Noted progress on the Winding Hollow Turn Lane which had been waiting on clearance from
Duke Energy;
• Noted ongoing work related to the FY 2024 audit.
601) City Attorney Anthony A. Garganese
• No report
602) City Clerk Christian Gowan
• No report
603) Seat Two Commissioner Victoria Bruce
• Commissioner Bruce thanked Manager Sweet and noted she was glad to work with him.
604) Seat Three Commissioner Sarah Baker
• No report
605) Seat Four Commissioner Cade Resnick
• Thanked Manager Sweet for his work thus far and for progress made at the Senior Center;
• Asked about an annual maintenance plan for ponds and assessing the status of ponds
throughout the city;
• Asked about a citywide roadway analysis and noted a broken light in the median of Shepard
Road;
• Asked about looking into the elimination of the non-binding review process
• Noted the upcoming Scottish Highland Games.
606) Seat Five Commissioner Mark Caruso
• Commended Manager Sweet on his work thus far;
• Commented on the videos of creek conditions and noted concerns;
• Noted the upcoming Highland Games at Central Winds Park.
607) Mayor Kevin McCann
• Wished everyone a Happy Holidays/New Years;
• Echoed comments about the upcoming Highland Games;
• Noted an upcoming community workshop for the proposed Human Bean coffee shop;
• Noted attendance at Lake Mary hospital ribbon cutting;
• Noted that the Tri-County League of Cities meeting on February 20th would be hosted by
Winter Springs at Tuscawilla Country Club and encouraged Commissioners to attend;
Noted the second Community Workshop for the Comprehensive Plan would be held January
16th.
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608) Seat One Commissioner Paul Diaz
• Thanked Manager Sweet for sitting down with him and having a discussion;
• Offered congratulations to recently sworn-in constitutional officers;
• Noted his attendance at the legislative delegation meeting;
• Thanked several organizations for inviting him to speak including the South Seminole
Republican Club and Hacienda Village;
• Noted his involvement with the Owls Youth Lacrosse program;
• Noted formal request for documents related to finances 1
Discussion followed on the scope of Commissioner Diaz’s request for financial records and Attorney
Garganese noted that reports not currently being produced by the city would need approval of the
Commission prior to being created in answer to the request. Commissioner Diaz asked that this be
included on the next agenda.
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke in favor of maintaining the city board
and committees and the opportunity they provide to residents to speak on issues.
Mr. Kok Wan Mah, 149 Nandina Terrace, Winter Springs reminded attendees of the upcoming
Comprehensive Plan workshop and the importance of the Comprehensive Plan and the formation
of a strategic plan.
Mr. John Horan, 1612 Wood Duck Drive, Winter Springs noted the County’s Veteran Services
Officer/Department and suggested looking to that department for ideas related to the Veteran
committee.
Ms. Gina Shafer, Winter Springs Village, Winter Springs suggested getting input from residents at
events such as the food truck events, prevalence of e-bikes and scooters on trails, and sponsorship of
police officers.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 9:02 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
CHRISTIAN D. GOWAN, MPA
CITY CLERK
1 Attached herein
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 13, 2025 | PAGE 8 OF 8
APPROVED:
_____________________________________
MAYOR KEVIN McCANN
NOTE: These Minutes were approved at the February 10, 2025 City Commission Regular Meeting.
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1/14/25, 8:34 AM Request for Financial Reports – Quarterly and Monthly Statements - Christian Gowan - Outlook
about:blank 1/2
Outlook
Request for Financial Reports – Quarterly and Monthly Statements
From Paul Diaz <pdiaz@winterspringsfl.org>
Date Mon 1/13/2025 10:49 AM
To Kevin Sweet <ksweet@winterspringsfl.org>; City Manager Office <CMOffice@winterspringsfl.org>
Cc Christian Gowan <cgowan@winterspringsfl.org>; Anthony Garganese <aGarganese@orlandolaw.net>;
gmaloy@seminoleclerk.org <gmaloy@seminoleclerk.org>; melinda.miguel@myflorida.com
<melinda.miguel@myflorida.com>
Dear Mr. Sweet,
I hope you are doing well. It was a pleasure speaking with you last week. As we discussed, as part of
my commitment to ensuring financial transparency and accountability for our city, I am formally
requesting the following financial reports to gain a clearer understanding of the city’s fiscal position:
For Fiscal Year 2023 (October 1, 2022 – September 30, 2023):
Please provide the following reports for each fiscal quarter of 2023:
Governmental Balance Sheet (as this provides detailed and relevant information regarding fund
balances, liabilities, and resources).
Statement of Net Position (or the equivalent).
Statement of Activities (showing revenues and expenditures).
General Fund Revenue and Expenditure Report.
General Fund Budget-to-Actual Report.
For Fiscal Year 2024 (October 1, 2023 - September 30, 2024):
Please provide the same reports outlined above on a monthly basis, beginning with the month close
of October 31, 2023, and continuing for each subsequent month through today. (Current deliverable
to include PY four quarters and CY October - January)
Ongoing Monthly Reporting:
Moving forward, I would like these reports prepared and delivered at the close of each month to make
sure that there is timely and accurate financial oversight.
These reports are critical to maintaining transparency in our financial processes, tracking trends in
revenue and expenditures, and ensuring we effectively manage the city’s resources. Monthly reporting,
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in particular, will help provide a detailed and up-to-date understanding of our fiscal position, allowing
us to address any potential issues proactively.
For example, it was reported that the General Fund’s unassigned fund balance is approximately forty-
five percent (45%) of total General Fund expenditures, equating to approximately five months of
operating expenditures. While this exceeds the GFOA-recommended minimum of two months and is
an encouraging indicator, a deeper analysis of ongoing financial trends is necessary to ensure
continued fiscal health and sustainability.
Please instruct the Finance Director to prioritize the production of these reports. I would appreciate
confirmation of this request and a timeline for when I can expect to receive the requested documents.
I am also copying the Seminole County Clerk of Court and Comptroller, Grant Maloy, and the Florida
Chief Inspector General, Melinda Miguel, on this correspondence to make sure they know of my
request for increased transparency and oversight at the municipal level.
Thank you for your attention to this matter. I look forward to receiving the requested reports and
working together to ensure our city’s fiscal health and stability.
Best regards,
Paul D. Diaz, EA, MBA
City Commissioner, District One
City of Winter Springs, FL
Cc:
Christian Gowan, City Clerk
Anthony Garganese, City Attorney
Grant Maloy, Seminole County Clerk of Court & Comptroller
Melinda Miguel, Florida Chief Inspector General
Paul Diaz
Commissioner - District 1
P: (407) 327-7586 F: (407) 327-4753
A: 1126 East State Road 434
Winter Springs, Florida 32708
307
CITY COMMISSION
STRATEGIC PLANNING
WORKSHOP MINUTES
WEDNESDAY, JANUARY 15 , 2025 AT 10:00 A M
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CITY COMMISSION MINUTES | WORKSHOP | WEDNESDAY, JANUARY 15, 2025 | PAGE 2 OF 4
CALL TO ORDER
Mayor Kevin McCann called the Strategic Planning Workshop of Wednesday, January 15, 2025 of the
City Commission to order at 10:01 a.m.. in the Commission Chambers of the Municipal Building (City
Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor Kevin McCann, present
Deputy Mayor Cade Resnick, present
Commissioner Paul Diaz, present
Commissioner Victoria Bruce, present
Commissioner Sarah Baker, present
Commissioner Mark Caruso, present
City Manager Kevin A. Sweet, present
City Attorney Anthony Garganese, absent
City Clerk Christian Gowan, present
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Gina Shafer, Winter Springs Village, Winter Springs thought this meeting was very important and
was not in favor of holding meetings during the day.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs discussed her priorities for the next five years
focused mainly on improvements to the water and wastewater infrastructure.
Mayor McCann closed Public Input.
DISCUSSION ITEMS
1. Discussion on Strategic Plan Priorities
Discussion followed with suggestions to discuss the organizational chart and comments from
Manager Sweet noting ongoing administrative review, potential changes he may wish to make to the
organizational chart, the importance of communication, and the budget-driven role of the dais.
Manager Sweet recommended the following five general areas of focus to begin the strategic
planning process:
1. Staffing & Administration
2. Financial and Operational Efficiency
3. Communications (Internal/External)
4. Infrastructure and Facilities
5. Economic Development
Commenting further, Manager Sweet noted that city activities should be tied to these goals once set
and adopted.
Beginning with staffing and administration, discussion followed on a necessary review of the
organizational chart, assessment of current staff and staffing requirements, customer service, review
of the city’s retirement options, and strengthening relationships with other cities and organizations.
On the topic of financial and operational efficiency, discussion followed on the requirement for a
balanced budget, maintenance and/or enhancement of services provided, assessing outsourcing and
insourcing opportunities, the State Revolving Loan process, rate studies, and long-term maintenance
needs and expenditures.
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CITY COMMISSION MINUTES | WORKSHOP | WEDNESDAY, JANUARY 15, 2025 | PAGE 3 OF 4
Manager Sweet noted that it was not feasible to do more with less and highlighted the need for
people to accomplish things.
Brief discussion followed on city payroll, grants and external funding, the potential of hiring a grant
writer, and expectations of the dais and residents, how to meet those, and potential staffing or tax
increases to achieve desired results.
Discussion then turned to communications, both internal and external, the potential of creating a
standalone department, the functionality of the city website, use of informational videos, the
importance of sharing positive news and accomplishments, and communications for crisis
management.
Related to infrastructure and facilities, discussion focused on the wastewater and water treatment
plants, stormwater including ponds, creeks, and basins, reclaimed expansion, and ongoing road and
bridge maintenance and replacement.
Brief discussion followed on drinking water aesthetics, expectations, potential rate increases,
Consumptive Use Permit compliance, and a suggestion that workshops be held to discuss these
topics more in depth. The Commission was agreeable to the idea of workshops being held in March,
April, and May to discuss drinking water, stormwater, and ponds.
Regarding economic development, discussion followed on the need to work with property owners
throughout the city, identifying and advertising the regional draw of the city, the hotel and lodging
void that exists, the opportunities the Greeneway Interchange District provides, identifying enclaves
and areas for annexation and the drafting of Joint Planning Agreements, the ongoing
Comprehensive Plan process, ways to streamline permitting systems, and the investment and
return related to the UCF Incubator.
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Gina Shafer, Winter Springs Village, Winter Springs suggested changes to the City Code related
to stormwater management, noted impacts of new developments, suggested enhanced tracking of
maintenance responsibilities related to ponds, and commented on the need for competitive wages.
Mr. Art Gallo, 199 Nandina Terrace, Winter Springs spoke about the importance of the budget to
support goals and priorities, the need to assess the millage rate to ensure the city can meet its needs,
and noted increasing utility rates.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 1:19 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
CHRISTIAN D. GOWAN, MPA
CITY CLERK
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CITY COMMISSION MINUTES | WORKSHOP | WEDNESDAY, JANUARY 15, 2025 | PAGE 4 OF 4
APPROVED:
_____________________________________
MAYOR KEVIN McCANN
NOTE: These Minutes were approved at the February 10, 2025 City Commission Regular Meeting.
311
CITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, JANUARY 27, 2025 AT 6:30 PM
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 2 OF 8
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, January 27, 2025 of the City
Commission to order at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor Kevin McCann, present
Deputy Mayor Cade Resnick, present
Commissioner Paul Diaz, present
Commissioner Victoria Bruce, present
Commissioner Sarah Baker, present
Commissioner Mark Caruso, present
City Manager Kevin A. Sweet, present
City Attorney Anthony Garganese, present
City Clerk Christian Gowan, present
Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance.
Commissioner Paul Diaz asked that Item 300 be discussed prior to approval of the Consent Agenda.
There was no objection and the agenda was adopted.
AWARDS AND PRESENTATIONS
100) Non-Binding Preliminary Review (NBPR-2025-0002): HARBCO, 1063 W SR 434, Oviedo, FL
32765
Ms. Terrilyn Rolle, Director, Community Development Department introduced the applicant and
provided a brief overview of the parcel and application.
Mr. Frank Kruppenbacher and Mr. Sam Siwali presented the proposed project.
Discussion followed on the potential of annexing the property, proposed tenants, and water
availability.
Ms. Rolle noted the City of Oviedo was not willing to deannex any portion of the property and
reiterated the proposed wholesale agreement related to water provision.
The Commission requested that the City Manager discuss this further with Oviedo.
INFORMATIONAL AGENDA
200. Not Used
PUBLIC INPUT
Mayor McCann opened Public Input.
The following individuals spoke in support of maintaining the Veteran and Veteran Families
Committee:
Mr. Steven Orf, 433 Lexingdale Drive, Orlando; Mr. Paul Bertram, 1461 Fairway Oaks Drive, Casselberry;
Ms. Bridget Lake, 8849 Larwin Lane, Orlando; Ms. Laurel Ross, 1778 Seneca Boulevard, Winter Springs;
Ms. Kim Bean, 1426 Spalding Road, Winter Springs; Mr. Scott Sims, 218 N Alderwood Street, Winter
Springs; Mr. William Smith, 434 S. Hawthorn Circle, Winter Springs; Mr. Joe Cummisky, 2665 Danielle
Drive; Mr. Matthew Smith, 251 Michael Blake Boulevard, Winter Springs; Mr. Paul Dillman, 388 Twelve
Oaks Drive, Winter Springs; Mr. Wayne Douglas, 420 Cedarwood Court, Winter Spring; Mr. Robert
Miller, 679 Silver Creek Drive, Winter Springs; Mr. Octavius Clark, 1630 Willow Oak Lane, Sanford; Ms.
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 3 OF 8
Donna Bruno, 599 Alton Road, Winter Springs; Ms. Sheila Benton, 414 Cedarwood Court, Winter
Springs; Mr. Ken Greenberg, Winter Springs Community Association, 1635 White Dove Drive, Winter
Springs
Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs invited Commissioners to the next PBAS
meeting and spoke in favor of maintaining the veteran committee.
Ms. Leah Weisman, 113 Brookshire Drive, Winter Springs spoke in support of city boards and
committees.
Mr. Matt Benton, 414 Cedarwood Court, Winter Springs asked the Commission to consider amending
the Charter to protect conservation easements and park lands.
Mayor McCann closed Public Input.
*NOTE: THE AGENDA WAS DISCUSSED IN THE ORDER NOTED BELOW*
REGULAR AGENDA
501) Review of the Veteran and Veteran Families Advisory Committee
“MOTION TO MAINTAIN THE VETERANS COMMITTEE, APOLOGIZE TO VETERANS, AND
AUTHORIZE THE MAYOR TO MEET AND BRING BACK RECOMMENDATIONS FOR CLARIFYING THE
RESOLUTION INCLUDING STAFF’S RECOMMENDATIONS.” MOTION BY COMMISSIONER CARUSO.
SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0.
CONSENT AGENDA
300) Quarter 1 Budget Amendment for Fiscal Year 2024-2025
Ms. Holly Queen, Director, Finance Department was available for questions
Commissioner Diaz reviewed the proposed budget amendment and associated concerns, asked that
the Commission seek specific assurances prior to approval, and read several questions he had for the
Finance Director.
Manager Sweet noted no new allocations under ARPA and Commissioner Diaz reiterated his concerns
and intent to provide oversight.
Ms. Queen commented on the proposed budget amendment and explained this was an
administrative function.
301) Public Works / Fleet Division - Wheel Alignment Machine Purchase
No discussion
302) Ellianos Coffee Shop Final Site Acceptance
No discussion.
303) The Oviedo-Winter Springs Chamber of Commerce "Central Winds Music Festival"
Agreement
No discussion.
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 4 OF 8
"MOTION TO APPROVE CONSENT AGENDA." MOTION BY DEPUTY MAYOR RESNICK. SECONDED
BY COMMISSIONER BRUCE. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE) DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED 4-1.
PUBLIC HEARINGS AGENDA
400) Second Reading of Ordinance 2025-01: Tree Removal, Land Clearing, Grading, and
Excavation Permits
Attorney Garganese read Ordinance 2025-01 by title, noted no changes since first reading, and invited
questions.
Mayor McCann opened the Public Hearing for Item 400.
No one addressed the Commission
Mayor McCann closed the Public Hearing for Item 400.
"MOTION TO APPROVE STAFF RECOMMENDS THAT THE CITY COMMISSION HOLD A PUBLIC
HEARING AND APPROVE THE SECOND READING OF ORDINANCE 2025-01. ." MOTION BY CADE
RESNICK. SECONDED BY SARAH BAKER. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0.
401) Second Reading of Ordinance 2025-02: Land Development and Subdivisions
Attorney Garganese read Ordinance 2025-02 by title, noted several technical changes since the first
reading that were provided to the Commission, and invited questions.
Mayor McCann opened the Public Hearing for Item 401.
No one addressed the Commission
Mayor McCann closed the Public Hearing for Item 401.
"MOTION TO APPROVE.” [HOLD A PUBLIC HEARING AND APPROVE THE SECOND READING OF
ORDINANCE 2025-02.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER
CARUSO. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0.
402) Greenway Kia North: Site Plan/Final Engineering Plans, Aesthetic Review, and Development
Agreement.
Mr. Talbert Jackson, Senior Planner, Community Development Department reviewed the proposed
project and noted the Planning and Zoning Board's recommendation of approval.
The applicant and representatives were present and available for questions.
Discussion followed on the square footage of the existing building and the proposed new building
and maintenance at the rear of the property.
Mayor McCann opened the Public Hearing for Item 402.
Mr. Matt Benton, 414 Cedar Wood Court, Winter Springs, thought the proposed provisions in the
Development Agreement were necessary to prevent loading/unloading on the streets.
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Mayor McCann closed the Public Hearing for Item 402.
"MOTION TO APPROVE.” [THE SITE PLAN/FINAL ENGINEERING PLANS, AESTHETIC REVIEW, AND
DEVELOPMENT AGREEMENT.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY
COMMISSIONER BRUCE. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0.
403) First Reading of Ordinance 2025-03: Revising Section 14-3 of the City Code Regarding
Criminal History Background Screening
MOTION TO READ BY TITLE ONLY. MOTION BY DEPUTY MAYOR RESNICK.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinance 2025-03 by title, briefly reviewed past action and the
requirement for this ordinance.
Mayor McCann opened the Public Hearing for Item 403.
Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs spoke on the need for background checks for
elected officials
Mr. Art Gallo, 199 Nandina Terrace, Winter Springs suggested opening the Public Hearing prior to
making a motion.
Ms. Sheila Benton, 414 Cedar Wood Court, Winter Springs spoke in favor of requiring background
checks for candidates.
Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, spoke against the suggestion of requiring
background checks for candidates and asked that the city focus on unity.
Mayor McCann closed the Public Hearing for Item 403.
"MOTION TO APPROVE STAFF IS RECOMMENDING THE CITY COMMISSION CONDUCT A FIRST
READING AND APPROVE ORDINANCE 2025-03. ." MOTION BY CADE RESNICK. SECONDED BY
MARK CARUSO. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED: 4-1.
500) Discussion and Direction for 2025 Legislative Priorities
Manager Sweet noted he was seeking approval for the following three appropriation requests to
make to the Florida Legislature:
1. Winter Springs Village Reclaimed Water Extension
2. Tray Aerator Improvements at Water Treatment Plants
3. Winter Springs Boulevard Valve Additions
Discussion followed on the potential addition of stormwater improvement projects to the list, the
rationale for the requests, and the need for shovel ready projects.
316
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 6 OF 8
"MOTION TO APPROVE.” [THESE (THREE) ITEMS AS THE OFFICIAL CITY OF WINTER SPRINGS
APPROPRIATION REQUESTS AND AUTHORIZE THE CITY MANAGER TO SUBMIT THESE REQUESTS
AND MANAGE ALL RELATED MATTERS.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY
COMMISSIONER USO. DISCUSSION.
VOTE: BAKER (AYE); BRUCE(AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0.
502) Matters Related to Boards & Committees
City Clerk Christian Gowan noted the need for the Mayor and Commission to submit the names of
their appointees for the Districting Commission to be included in the establishing resolution, noted
there would be a vacancy in the volunteer City Chaplain program beginning January 31st if no
appointments were made for that position, and further noted that three (3) seats on the Bicycle and
Pedestrian Advisory Committee would be vacant as of February 1st and that a quorum would not be
able to be established for the upcoming meeting.
Commissioner Caruso noted he would be nominating Geoff Kendrick to the Districting Commission.
Commissioner Bruce noted she would be nominating Brenda Lambie to the Districting Commission.
Commissioner Diaz noted that he would be nominating Jean Hovey to the Districting Commission.
503) New Business
Mayor McCann noted three events coming up - Leadership Seminole’s Leadership Summit, State of
the County Luncheon, and Tri-County League of Cities – and asked that Commissioners reach out to
the Clerk to note if they would be in attendance.
Commissioner Bruce asked about the possibility of a turn lane into Central Winds Park.
Deputy Mayor Resnick asked that the city look at opportunities to honor people who serve on the
Commission and bring back a naming policy to be considered at the February 24th Commission
Meeting.
Commissioner Bruce asked about the city checkbook online and asked if it was being maintained.
Manager Sweet noted that there had been an issue with the website and it was now updated.
Brief discussion about the possibility of a speed study on Gazelle Road.
REPORTS
600) City Manager Kevin A. Sweet
• Welcomed Clete Saunier as the new Utilities Director;
• Noted he had reached out to the Seminole County Veteran Services Office and would share
ideas for the Veteran and Veteran Families Advisory Committee;
• Noted attendance at the recent Mayor and Manager meeting and ongoing networking with
peers in neighboring cities;
• Recognized the Finance Department and provided an update on the FY2024 audit.
601) City Attorney Anthony A. Garganese
• No report
602) City Clerk Christian Gowan
317
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 7 OF 8
• No report
604) Seat Three Commissioner Sarah Baker
• Welcomed Mr. Saunier to the city and asked that the city reach out to board members for ideas
related to improving the city boards and committees.
605) Seat Four Commissioner Cade Resnick
• Noted observations related to road conditions and stormwater concerns and thought the
Infrastructure Committee could be useful in helping the city;
• Asked about the status of renaming the Senior Center after Susie Coffman and asked that this
be brought to the next meeting;
• Noted attendance at the Highland Games.
606) Seat Five Commissioner Mark Caruso
• Noted attendance at the Highland Games;
• Noted he was glad to see progress being made on the Winding Hollow turn lane project;
• Noted taking a tour of the UCF Incubator;
• Highlighted two scouts that had recently made it to Eagle Scout.
607) Mayor Kevin McCann
• Commented on stormwater and improvements that had been made since Hurricane Ian.
608) Seat One Commissioner Paul Diaz
• Noted ongoing involvement with youth lacrosse programs;
• Noted his recent attendance at, and completion of, the Institute for Elected Municipal Officers
I;
• Noted recent attendance at the VFW Comic Book/Collectible Show and a new business that
would be coming to the city;
• Noted that he would be hosting a local Girl Scout Troop on Wednesday and providing them a
tour of City Hall and an opportunity to ask questions about local government.
603) Seat Two Commissioner Victoria Bruce
• Noted ongoing communications with staff related to the dog park and maintenance;
• Noted efforts to connect the Greeneway Interchange District property owners with the UCF
Incubator;
• Noted attendance at the recent Comprehensive Plan Workshop and thought there was
valuable feedback provided;
• Noted the upcoming opening of Winter Springs Babe Ruth and her family’s involvement;
• Noted sponsoring a portion of a local road and invited residents to join in helping with an
upcoming cleaning effort;
• Noted a bid for building inspection services that was currently open;
• Noted a broken light post on Tuscora and Northern Way that she asked be addressed;
• Noted planned attendance at the local Seminole County Elected Womens group.
318
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JANUARY 27, 2025 | PAGE 8 OF 8
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs noted she was glad the city had opened
comments on Facebook.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 10:19 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
CHRISTIAN D. GOWAN, MPA
CITY CLERK
APPROVED:
_____________________________________
MAYOR KEVIN McCANN
NOTE: These Minutes were approved at the February 10, 2025 City Commission Regular Meeting.
319
PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Second Reading of Ordinance 2025-03: Revising Section 14-3 of the City Code
Regarding Criminal History Background Screening
SUMMARY
On November 16, 2023, the City Commission adopted Ordinance 2023-10 authorizing
the City Manager or designee to conduct Level 2 background checks, as provided in
Florida Statutes § 166.0442 permitting the City to designate, via ordinance, positions
which the City finds critical to security or public safety and for required fingerprint-
based, state and national criminal history record checks. Prior to drafting Ordinance
2023-10, City staff consulted with a liaison from the Florida Department of Law
Enforcement (FDLE), who provided guidance on the proposed language. This
collaboration aimed to ensure the ordinance would be accepted by the FBI and comply
with both state and federal requirements for Level 2 background checks. A draft of the
ordinance was reviewed by the FDLE liaison before being included on the City
Commission agenda, and no recommended changes were provided at that time. Since
the adoption of the ordinance, City staff has been working with FDLE to obtain
authorization to continue conducting Level 2 background checks for all newly hired
employees. Recently, City staff was informed that the FBI would not accept the
ordinance as written due to language in Section 14-3(a). The concern was that the
phrase "the City Manager or his or her designee" could be interpreted to allow the City
Manager to delegate this authority to someone who is not a City employee. In
response, the language has been revised to read: "the City Manager, or another
assigned City employee." This revision was made following further clarification from
FDLE and the FBI.
FUNDING SOURCE
RECOMMENDATION
Staff is recommending the City Commission conduct a second reading and approve
Ordinance 2025-03.
320
City of Winter Springs
Ordinance No. 2025-03
Page 1 of 4
ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 14, ARTICLE I, OF THE CITY OF WINTER
SPRINGS CODE OF ORDINANCES TO REVISE SECTION
14-3 REGARDING CRIMINAL HISTORY BACKGROUND
SCREENING; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS, the City Commission previously adopted Ordinance 2023-10 which amended
Chapter 14, Article I, of the City of Winter Springs Code of Ordinances to add a new section 14-3
regarding background screening, finding that the creation of Section 14-3 would enhance the City’s
ability to ensure that personnel are appropriately qualified for positions which may involve security
or public safety; and
WHEREAS, Florida Statutes § 166.0442 permits the City to designate, via ordinance,
positions which the City finds critical to security or public safety and for which fingerprint-based,
state and national criminal history record checks will be required; and
WHEREAS, pursuant to Florida Statutes §166.0442, the City Commission finds that it is
critical for the security of the City and its residents to be able to conduct thorough background
screenings of potential employees, appointees, or private contractors for criminal offenses
nationwide; and
WHEREAS, Section 14-3 provides the City with the ability to conduct fingerprint-based,
state and national criminal history record checks for certain positions of public importance; and
WHEREAS, since the passage of Ordinance 2023-10, the Federal Bureau of Investigations
and Florida Department of Law Enforcement have completed their review the City’s Ordinance
2023-10 and have requested that the City make minor revisions to the new Section 14 -3 in order
to ensure compliance with Federal Bureau of Investigation Public Law 92-544; and
WHEREAS, the City Commission therefore desires to amend Section 14 -3, as provided
herein, pursuant to comments from the Federal Bureau of Investigations and Florida Department
of Law Enforcement; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
321
City of Winter Springs
Ordinance No. 2025-03
Page 2 of 4
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference.
Section 2. Amendment to Chapter 14, Personnel. The City of Winter Springs Code of
Ordinances, Chapter 14, Personnel, Article I, In General, is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended
that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to the adoption of this Ordinance):
* * *
Chapter 14 – PERSONNEL
* * *
Article I. – IN GENERAL
* * *
Sec. 14-3. – Background Screening.
(a) As provided by Florida Statutes § 166.0442, the City may require criminal history
background screening for any positions of City employment or appointment, whether
paid, unpaid, or contractual, which are considered critical to security or public safety;
or for any private contractor, employee of a private contractor, vendor, repair person,
or delivery person who has direct contact with individual members of the public or
access to any public facility in such a manner or to such an extent that the City Manager
or his or her designee the City Manager, or another assigned City employee, finds that
preventing unsuitable persons from having such contract or access is critical to security
or public safety.
(b) Each person applying for, or continuing employment in, any position or appointment
or having contact or access described in subsection (a) shall be fingerprinted if the
position, appointment, contractor, vendor, repair person, or delivery person is
designated for a criminal history background screening by the City Manager or his or
her designee the City Manager, or another assigned City employee. Fingerprints shall
be submitted to the Florida Department of Law Enforcement for a state criminal history
record check and to the Federal Bureau of Investigation for a national criminal history
record check. The information obtained from criminal history record checks conducted
pursuant to this section may be used by the City to determine an applicant's eligibility
322
City of Winter Springs
Ordinance No. 2025-03
Page 3 of 4
for employment or appointment and to determine an employee's eligibility for
continued employment.
(c) Any other background screening which the City may lawfully undertake is not
prohibited by this supplemental grant and implementation of authority.
(d) The City Manager, or another assigned City employee, The City Manager or his or her
designee shall determine, in his or her discretion, the positions and appointments that
are deemed to be critical to security or public safety under this section.
Secs. 14-4 – 14-25.- Reserved.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _________ day of __________________________, 20______.
____________________________________
KEVIN McCANN, Mayor
ATTEST:
_____________________________________
323
City of Winter Springs
Ordinance No. 2025-03
Page 4 of 4
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
________________________________________
ANTHONY A. GARGANESE, City Attorney
First Reading:
Legal Ad:
Second Reading:
January 27, 2025
January 29, 2025
February 10, 2025
324
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
Bill To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
State Of Florida
County Of Orange
Before the undersigned authority personally
appeared
Rose Williams, who on oath says that he or
she is a duly authorized representative of the
ORLANDO SENTINEL, a DAILY
newspaper published in ORANGE County,
Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in
the issues of, or by publication on the
newspaper¶s website, if authorized on Jan 29,
2025.
Affiant further says that the newspaper
complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 30 day of January, 2025,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7757094
325
7757094
326
327
REGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Review of the Bicycle and Pedestrian Advisory Committee & Parks and Recreation
Advisory Committee
SUMMARY
The City Clerk's Office presented a review of all Boards and Committees at the January
13, 2025 City Commission Regular Meeting complete with recommendations. The City
Commission subsequently voted to review each board and committee individually at
subsequent meetings. Attached to this item is Ordinance 2010-06 and Ordinance
2010-07 which established the Bicycle and Pedestrian Advisory Committee and Parks
and Recreation Advisory Committee respectively. Also attached are the relevant
excerpts from the previously presented report.
Staff's recommendation to sunset the Bicycle and Pedestrian Advisory Commitee is
based on irregular meetings since the committee's formation. Meetings that were held
were almost exclusively informational in nature and a focus on bicycle trails outside
the city's jurisdiction required extensive staff research. Sunsetting the committee
would require an ordinance with two public hearings.
Staff's recommendation to sunset the Parks and Recreation Advisory Committee is not
related to meeting frequency but rather meeting content. All meetings are almost
exclusively informational with no matters being referred to the committee and
updates focused on projects that have already been completed. Sunsetting the
committee would require and ordinance with two public hearings.
Another option that could be considered, and has been discussed previously, is
merging the two committees and redefining specific areas of responsibility,
membership, etc. Staff would recommend a merged committee have no more than
seven (7) members to align with all other city boards and committees, additionally the
detailed composition of the committee would need to be revised dependent on the
new purpose and duties of the committee as determined by the City Commission.
FUNDING SOURCE
RECOMMENDATION
Staff is requesting the Commission discuss the Parks and Recreation and Bicycle and
Pedestrian Advisory Committees and make a determination to sunset the committees
328
via ordinance or merge the committees and adopt an ordinance addressing, at a
minimum, membership and revised purpose and duties of the committee.
329
ORDINANCE NO. 2010 -06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CREATING THE
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE;
ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited bylaw; and
WHEREAS, the City Commission adopted the Evaluation and Appraisal Report
Amendments to the Comprehensive Plan on September 28, 2009; and
WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails
advisory committee made up of residents who will work together to pursue the planning and
implementation of an interconnected trail and bicycle system and make appropriate
recommendations to the City Commission; and
WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning
and implementation of non - motorized transportation linkages within and throughout the City to
supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby
amended to create new sections 2 -43 and 2 -44 as follows (underlined type indicates textual additions
to the City Code):
Sec. 2 -43. Creation; composition; appointment of members.
a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city
hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian
Advisory Committee ".
b) The Committee shall have five (5) members and membership on the Committee shall be in
accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section.
The Committee may additionally include ex officio members, who may or may not be residents of
City of Winter Springs
Ordinance No. 2010 -06
Page 1 of 3
330
the city, who can provide technical support or expertise in any aspect of the Committee's work.
Such ex officio members will have no voting power and cannot be used for the purpose of
establishing a quorum for m etings. Any commissioner or the mayor may appoint an ex officio
member but such appointment is not effective until ratified by majority vote of the city commission.
c) Appointees to the Committee shall have knowledge and experience or interest in the planning
and implementation of a city interconnected trail and bicycle system network, as determined by
application. No person shall be appointed with private or personal interests likely to conflict with
the general public interest.
d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct
additional special meetings as may be necessary to properly perform its duties and functions.
e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings
and affairs are conducted, provided that such rules and procedures are not inconsistent with federal
and state law, the city code or direction of the city commission.
0 The Committee shall be subject to the Florida Public Records Act and the Sunshine Law.
Sec. 2 - 44. Purpose and Duties.
a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and
encourage increased use of non - motorized transportation in the city. The Committee shall perform
the following duties:
1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the
city.
2) Promote pedestrian and bicycle travel as a viable transportation choice to connect
neighborhoods with parks, schools, commercial areas, and other destinations in the city and
surrounding area.
3) Assist with identifying funding sources and implementation strategies which further the
development of an interconnected network of trails, sidewalks and bikeways within the city.
4) Recommend to the city commission establishment, development, planning, funding and
maintenance of specific trail, sidewalk and bicycle projects.
5) Consider all matters submitted to it by the city commission or staff and shall offer
suggestions or recommendations on its own initiative. It shall receive petitions and
suggestions from the citizens of the city, and shall cooperate with civic groups, governmentalagencies, and other 9rganizations regarding trail, sidewalk and bicycle system planning and
implementation
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
City of Winter Springs
Ordinance No. 2010 -06
Page 2 of 3
331
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida;: and pursuant to City
Charter.
ADOPTED by the City Commission of the City of W' • er Springs, Florida, in a regular meeting
assembled on the 23r day of August, 2010.
J t F. BUS ;19l yor
ATTES ► :
A 'DR / 41 0 RENZO - LUACES, City Clerk
Approv • : s o legal form and sufficiency for
the C'- 40 r Springs onl :
ANTHONY A. GARGANESE, City Attorney
First Reading:April 12, 2010
Second Reading:August 23, 2010
Effective Date:August 23, 2010
City of Winter Springs
Ordinance No. 2010 -06
Page 3 of 3
332
Page | 2
Bicycle and Pedestrian Advisory Committee
No. of Members: 5 Meetings: Quarterly
Background
This committee was formed in 2010 following the adoption of Ordinance 2010-06 1 and
pursuant to Transportation Element Policy 1.5.18 of the Comprehensive Plan.
The purpose of the Committee is to promote trail, pedestrian and bicycle circulation
systems and encourage increased use of non -motorized transportation in the city. The
Committee is tasked to perform the following duties:
1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan
for the city.
2) Promote pedestrian and bicycle travel as a viable transportation choice to
connect neighborhoods with parks, schools, commercial areas, and other
destinations in the city and surrounding area.
3) Assist with identifying funding sources and implementation strategies which
further the development of an interconnected network of trails, sidewalks and
bikeways within the city.
4) Recommend to the city commission establishment, development, planning,
funding and maintenance of specific trail, sidewalk and bicycle projects.
5) Consider all matters submitted to it by the city commission or staff and shall offer
suggestions or recommendations on its own initiative. It shall receive petitions
and suggestions from the citizens of the city, and shall cooperate with civic
groups, governmental agencies, and other organizations regarding trail,
sidewalk and bicycle system planning and implementation.
The membership of the board is limited to residents. There are no additional stated
requirements or considerations for member appointments.
Meetings are staffed by a representative of the City Clerk’s Office and the Community
Development Department.
Staff Analysis
The Bicycle and Pedestrian Advisory Committee (BPAC) has met infrequently since its
creation in 2010 and a total of 13 times since 2015. Most of these meetings occurred in
2021 following a suggestion to merge the committee with the Parks and Recreation
Advisory Committee and subsequent action by the Committee to meet monthly. These
meetings were almost exclusively informational in nature and required extensive
research and communication between City and County Staff related to the Cross-
Seminole Trail, and communication with the Florida Department of Transportation
(FDOT) related to a crossing at State Road 419.
1 See Appendix A
333
Page | 3
Below is a look at the last three years:
Bicycle and Pedestrian Advisory Committee
Cancelled or Occurred Reason Duration
2022 3 Cancelled 1 – No Quorum;
2 – Staff
1 Meetings 33 minutes
2023 3 Cancelled 1 – No Quorum;
2 - Staff
1 Meetings 33 minutes
2024 4 Cancelled Staff Cancellation
The main responsibility of the Committee is outside of the jurisdiction of the City of
Winter Springs and Seminole County’s Parks and Preservation Advisory Committee
covers many of the same functions.
Recommendation
Staff recommends sunsetting the Bicycle and Pedestrian Advisory Committee. If the
Commission would like to pursue this course of action, an ordinance with two public
hearings would be required.
If the Commission does not desire to sunset the Committee, staff would recommend
referring matters for consideration to the committee to receive feedback. Another
suggestion would be to merge this and other committees to enhance productivity.
334
ORDINANCE NO. 2010 -07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CREATING THE
PARKS AND RECREATION ADVISORY COMMITTEE;
ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission adopted the Evaluation and Appraisal Report
Amendments to the Comprehensive Plan on September 28, 2009; and
WHEREAS, Recreation and Open Space Element Policy 1.1.2 directs the establishment of
a Parks and Recreation Advisory Committee; and
WHEREAS, a Parks and Recreation Advisory Committee is needed to advise in the planning
and implementation of city parks and recreation programs; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby
amended to create new sections 2 -45 and 2 -46 as follows (underlined type indicates textual additions
to the City Code):
Sec. 2 -45. Creation; composition; appointment of members.
a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive plan,
the City hereby creates a Parks and Recreation Advisory Committee.
b) The Committee shall have nine (9) members and membership on the Committee shall be in
accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section.
The membership of the Committee shall, whenever possible, include the following:.
a an active member of the Winter Springs Senior Association;
WI an active member of a youth sports organization or program;
City of Winter Springs
Ordinance No. 2010 -07
Page 1 of 3
335
iii) an individual who is active in planning or assisting with special events of the City;
iv) an individual who is active in an adult sports organization or program;
v) an individual who uses or accompanies children in the use of City playgrounds;
vi) an active member of a conservation group or agency, or an individual with experience
in the use of parks for public purposes;
viii an individual who participates in or supervises children who participate in the City's
summer program(s), civic center program(s), camp(s) or other similar program(s).
viii) an individual who is active in fundraising efforts;
ix) an individual with general interest in Parks and Recreation.
c) Appointees to the Committee shall have knowledge and experience or interest in the planning
and implementation of city parks and recreational facilities, as determined by application. No person
shall be appointed with private or personal interests likely to conflict with the general public interest.
d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct
additional special meetings as may be necessary to properly perform its duties and functions.
e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings
and affairs are conducted, provided that such rules and procedures are not inconsistent with federal
and state law, the city code or direction of the city commission.
f) The Parks and Recreation Advisory Committee shall be subject to the Florida Public Records Act
and the Sunshine Law.
Sec. 2 -46. Purpose and duties.
a) The purpose of the Parks and Recreation Advisory Committee is to promote park and recreation
programs of the city and to recommend to the Parks and Recreation Director, as well as other city
staff and the city commission as needed, policies and actions to promote, plan, design, construct and
utilize city parks and related special events, fundraising and recreation programs. The Committee
shall perform the following duties:
1) Advise and assist the Parks and Recreation Director, as well as other city staff and the
city commission as needed, in matters involving or affecting city parks and recreation;
2) Keep the Parks and Recreation Director, as well as other city staff and the city
commission as needed, informed of the status and progress of recreational and parks
services, plans, special events, fundraisers and activities;
3) Advise and make recommendations to the Parks and Recreation Director, as well as
other city staff and the city commission as needed, regarding the promotion of citizen
participation in recreation and park programs and distribution of information about leisure
activities offered by the city; and
City of Winter Springs
Ordinance No. 2010 -07
Page 2 of 3
336
4) Assist the Parks and Recreation Director, as well as other city staff and the city
commission as needed, in the implementation of the goals, objectives and policies of the
Recreation and Open Space Element of the city's comprehensive plan.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 23` day of August, 2010.
J01 F. : USH, ayor
A TES(
ANDR rA ORENZO - LUACES, City Clerk
Appr A as to legal form and sufficiency for
odi
the ffilrf
f inter Spri • ly:
de
ANTHONY A. GARGANESE, City Attorney
First Reading:April 12, 2010
Second Reading:August 23, 2010
Effective Date:August 23, 2010
City of Winter Springs
Ordinance No. 2010 -07
Page 3 of 3
337
Page | 9
Parks and Recreation Advisory Committee
No. of Members: 9 Meetings: Quarterly
Background
This committee was formed in 2010 following the adoption of Ordinance 2010-07 5 and
pursuant to Recreation and Open Space Element Policy 1.1.2 of the Comprehensive
Plan.
The purpose of the parks and recreation advisory committee is to promote park and
recreation programs of the city and to recommend to the parks and recreation
director, as well as other city staff and the city commission as needed, policies and
actions to promote, plan, design, construct and utilize city parks and related special
events, fundraising and recreation programs. The committee shall perform the following
duties:
1) Advise and assist the parks and recreation director, as well as other city staff and
the city commission as needed, in matters involving or affecting city parks and
recreation;
2) Keep the parks and recreation director, as well as other city staff and the city
commission as needed, informed of the status and progress of recreational and
parks services, plans, special events, fundraisers and activities;
3) Advise and make recommendations to the parks and recreation director, as well
as other city staff and the city commission as needed, regarding the promotion
of citizen participation in recreation and park programs and distribution of
information about leisure activities offered by the city;
4) Assist the parks and recreation director, as well as other city staff and the city
commission as needed, in the implementation of the goals, objectives and
policies of the Recreation and Open Space Element of the city's comprehensive
plan.
The membership of the committee is limited to residents and shall, whenever possible,
include the following:
• An active member of the Winter Springs Senior Association;
• An active member of a youth sports organization or program;
• An individual who is active in planning or assisting with special events of the
city;
• An individual who is active in an adult sports organization or program;
• An individual who uses or accompanies children in the use of city
playgrounds;
• An active member of a conservation group or agency, or an individual with
experience in the use of parks for public purposes;
5 See Appendix A
338
Page | 10
• An individual who participates in or supervises children who participate in the
city's summer program(s), civic center program(s), camp(s) or other similar
program(s).
• An individual who is active in fundraising efforts;
• An individual with general interest in parks and recreation.
Meetings are staffed by a representative of the City Clerk’s Office and the Parks and
Recreation Department.
Staff Analysis
The Parks and Recreation Advisory Committee (PRAC) is the city’s largest committee
with nine members. While the committee does meet regularly, the content is often
informational with staff providing updates of projects that have been completed.
Below is a look at the last three years:
Parks and Recreation Advisory Committee
Cancelled or Occurred Reason Duration
2022 2 Cancelled
2 Meetings Average 50 minutes
2023 3 Cancelled 1 – No Quorum
1 Meeting 1 hour and 13 minutes
2024 4 Meetings 1 Rescheduled Average 55 minutes
1 – 20-minute late
start
Recommendation
Staff recommends sunsetting the Parks and Recreation Advisory Committee. If the
Commission would like to pursue this course of action, an ordinance with two public
hearings would be required.
If the Commission does not desire to sunset the Committee, staff would recommend
reducing the number of members to no more than seven, evaluating and following the
membership criteria, and referring matters for consideration to the committee to
receive feedback. Another suggestion would be to merge this and other committees to
enhance productivity.
339
REGULAR AGENDA ITEM 501
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Resolution 2025-02: Updating the Retention Policy of Official Meeting Recordings and
Formal Agenda Documents for Periods of Time Exceeding the Minimum State
Requirement for Retention
SUMMARY
The general records schedules established by the Department of State are intended
for use by state, county, city and special district public records custodians. The City
Clerk’s Office primarily uses the GS1-SL, which provides retention periods for the most
common administrative records, such as routine correspondence and personnel,
payroll, financial and legal records. The retention periods set forth in the general
records schedules are based on federal and state laws and regulations, general
administrative practices and fiscal management principles. These are minimum
retention periods and public agencies may retain their records longer at their
discretion.
The City of Winter Springs adopted Resolution 2008-23, establishing a Records
Retention Policy authorizing the City to retain certain records beyond the minimum
requirements established in the Department of State General Records Schedule GS1-
SL. Subsequently, the city adopted Resolution 2008-24 (attached) authorizing
extended retention periods for certain documents.
At the time of Resolution 2008-24, the city was in possession of over 20 years’ worth of
meeting audio on cassette tapes, the majority of which had already met retention and
should have been sent for disposition. After the adoption of this resolution, the
department was required to maintain these records. Cassette tapes were the primary
medium for meeting audio until around 2016 when the department began using CDs.
Per Rule 1B-26.003(10), Florida Administrative Code cassette tapes are not an acceptable
format for record copies of permanent records. The City Clerk’s Office is currently in
possession of as many as 6,000 cassette tapes which, if we are not allowed to send for
disposition, will need to be converted into an acceptable and accessible format. The
quality of these tapes is unknown, but it is fair to believe that many may already be
unusable. The time and cost to convert these records would be considerable and the
current space they are taking is substantial. These old tapes have little to no
administrative value given their age and condition.
Meeting audio has been stored digitally since January 2018. Digital audio and video,
while not taking physical space, also has a cost associated with cloud storage in the
340
long term that may need to be addressed in the future. The proposed resolution seeks
to retain digital audio/video permanently unless otherwise determined by the City
Commission.
Other items that were specified in Resolution 2008-24 for extended periods (i.e.
records of public input and roll call sheets) are memorialized in the official minutes
and therefore, in the opinion of staff, do not require retention beyond what is
prescribed in the GS1-SL (2 anniversary years after approval of the minutes). This
items also have little to no administrative value after the time prescribed by the State.
Due to these considerations, the Clerk’s Office is requesting the Commission consider
adoption of Resolution 2025-02 modifying the established city retention schedules
FUNDING SOURCE
RECOMMENDATION
Staff is recommending the Commission adopt Resolution 2025-02 updating the
retention policy of official meeting recordings and formal agenda documents for
periods of time exceeding the minimum state requirement for retention.
341
City of Winter Springs
Resolution No. 2025-2
Page 1of 3
RESOLUTION NO. 2025-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, UPDATING THE RETENTION POLICY OF
OFFICIAL MEETING RECORDINGS AND FORMAL
AGENDA DOCUMENTS FOR PERIODS OF TIME
EXCEEDING THE MINIMUM STATE REQUIREMENT
FOR RETENTION; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the Department of State maintains a General Schedule for state and local
government agencies which regulates the minimum amount of time certain records must be
retained; and
WHEREAS, public agencies, at their discretion, may retain certain records longer than the
minimum retention period established by the Department of State; and
WHEREAS, this Resolution is adopted pursuant to Resolution 2008-23 which established
a Records Retention Policy to authorize extension of minimum retention periods beyond the
retention required by the Department of State General Records Schedule GS1-SL for State and
Local Government Agencies; and
WHEREAS, the City Commission recognizes that meeting minutes are required to be
maintained permanently. However, the City Commission desires to update its policy regarding
the retention of meeting audio/video recordings, formal agenda items, and other supporting and
presented meeting documents, and desires to retain the meeting documents specifically referenced
herein to exceed the minimum state retention requirement and rely on the State’s minimum
retention periods for all other documents; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Records Retention for Minutes: Official Meeting and Supporting
Documents. The City Commission of the City of Winter Springs hereby establishes extended
342
City of Winter Springs
Resolution No. 2025-2
Page 2of 3
retention schedules for the following records (item numbers correspond to those established in the
Department of State General Records Schedule GS1-SL for State and Local Government
Agencies):
1. Minutes: Official Meetings (Preliminary/Audio Recordings/Video
Recordings) Item #4
Official audio/video recordings of official City Commission
meetings as defined by section 286.011(1), Florida Statutes from
January 1, 2018 to present.
Retention:
a) Record copy. Permanent.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
2. Minutes: Official Meetings (Supporting Documents) Item #123
Formal City Commission agendas and supporting documents.
Retention:
a) Record copy. Permanent.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 4 Repeal of Prior Inconsistent Resolutions. Resolution No. 2008-24 is
hereby expressly repealed in its entirety. All other prior resolutions or parts of resolutions in
conflict herewith are also hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
[Signature Page Follows]
343
City of Winter Springs
Resolution No. 2025-2
Page 3of 3
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 10th day of February, 2025.
______________________________
KEVIN McCANN, Mayor
ATTEST:
_______________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
________________________________________
ANTHONY A. GARGANESE, City Attorney
344
RESOLUTION N0.2008-24
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, AUTHORIZING THE RETENTION OF OFFICIAL
MEETINGS MINUTES AND SUPPORTING DOCUMENTS
FOR PERIODS OF TIME EXCEEDING THE MINIMUM
STATE REQUIREMENT FOR RETENTION; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERAIiILI'1'Y ANll AN EFFECTIVE
DATE.
WHEREAS, the Department of State maintains a General Schedule for state and local
government agencies which regulates the minimum amount oftime certain records must be retained;
and
WHEREAS, public agencies, at their discretion, may retain certain records longer than the
minimum retention period established by the Department of State; and
WHEREAS, this Resolution is adopted pursuant to Resolution 2008-23 which established
a Records Retention Policy to authorize extension of minimum retention periods beyond the
retention required by the Department of State General Records Schedule GS 1-SL for State and
Local Government Agencies; and
WHEREAS, the City Commission desires to retain its official executed minutes, agendasandsupportingdocumentspermanently, and desires to retain other records related to the
aforementioned records for a period of 25 years, thereby exceeding the minimum state retention
requirement; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Records Retention for Minutes: Official Meetin and Su ortin
Documents. The City Commission of the City of Winter Springs hereby establishes extended
retention schedules for the following records (item numbers correspond to those established in the
Department of State General Records Schedule GS 1-SL for State and Local Government Agencies):
City of Winter Springs
Resolution No. 2008-24
Pagelof3
345
1. Minutes: Official Meetings (Preliminary/Audio RecordingsNideo
Recordings) Item #4
A. Official executed minutes and audio/video recordings ofofficial City
Commission meetings as defined by section 286.011(1), Florida
Statutes.
Retention:
a) Record copy. Permanent.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
B. Other records presented to or generated by the City Commission
including, but not limited to handwritten or typed notes.
Retention:
a) Record copy. 25 anniversary years after adoption of the official
minutes or certification of transcript.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
2. Minutes: Official Meetings (Supporting Documents) Item #123
A. Formal City Commission agendas and supporting documents.
Retention:
a) Record copy. Permanent.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
B. Other records presented to or generated by the City Commission
within this record category including, but not limited to roll call
sheets and sign-in sheets for speakers.
Retention:
a) Record copy. 25 anniversary years after adoption of the official
minutes or certification of transcript.
b) Duplicates. Retain until obsolete, superseded, or administrative
value is lost.
Section 3. Severability. if any section, subsection, sentence, clause, phrase, word, or
portion ofthis Resolution is for any reason held invalid or unconstitutional by a court of competent
City of Winter Springs
Resolution No. 2008-24
Page 2 of 3
346
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
Section 4 Reveal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, #'lorida, in a regular
meeting assembled on this 28~' day of April, 2008. _ : , ,
OHN F. BL'SHT Ma~ynr, -.
ATT~ST: ~ _
i
LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City o inter Springs only:
CN~F~I'ONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2008-24
Page 3 of 3
347
REGULAR AGENDA ITEM 502
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
Matters Related to Boards & Committees
SUMMARY
The City Clerk Department wishes to inform the City Commission of the following
vacancies:
Per Section 2-41(e) of the City Code , "If any commissioner fails to appoint a member
within thirty (30) days after a vacancy occurs or a term expires, that seat shall be
filled by a majority vote of the commission."
CURRENT VACANCIES:
Bicycle and Pedestrian Advisory Committee
Seat One: Term Expires February 1, 2029
Seat Three: Term Expires February 1, 2029
Seat Five: Term Expires February 1, 2029
City Chaplain
Parks and Recreation Advisory Committee
Seat One Appointment: Term Expires February 1, 2029
Seat Two Appointment: Term Expires February 1, 2027
Seat Three: Term Expires February 1, 2029
Seat Five Appointment: Term Expires February 1, 2029
At-Large Appointment: Term Expires November 1, 2025
Veteran and Veteran Families Advisory Committee
Seat Four Appointment
At-Large Appointment
FUNDING SOURCE
RECOMMENDATION
Staff requests the Commission make appointments to the Districting Commission,
review the staff report on all boards and committees, and provide further direction.
348
REGULAR AGENDA ITEM 503
CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING
TITLE
New Business
SUMMARY
Pursuant to Sec 2-27 (c)(2) of the City Code, "Unless otherwise determined by the city
commission, each regular agenda shall have a new business section, in the order on
the agenda approved by the city commission, which allows the mayor, any city
commissioner, city manager or city attorney an opportunity to raise, if necessary, new
issues not on the agenda that require discussion and potential future direction by the
city commission. The new business section shall not be used to present items
requiring prior public notice or hearing, for reports allowed under subsection (m), or
be used as a substitute for timely placing items on the agenda prior to the agenda
packet being distributed or as an add-on item as required by subsection (b). The city
commission will not take final action on any new business item that is considered a
major initiative and/or initiative that would ordinarily require significant city staff
research. Persons introducing new business items are encouraged to provide
background information regarding the item prior to or at the meeting in the same
manner as permitted for reports under subsection (m)(4)."
FUNDING SOURCE
RECOMMENDATION
349