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HomeMy WebLinkAboutAgenda - City Council - 03/07/2019 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Special Session 7:00 P.M. ____ Thursday, March 7, 2018 1. Welcome 2. Pledge of Allegiance 3. Instructions on how to leave the building in case of an emergency 4. Election of City Council officers (City Manager presiding): • Chair • Vice Chair • Clerk *****Chair becomes presiding officer after election***** 5. Possible executive session to discuss pending civil litigation to which the city is a party. 6. Set dates & time for regular meeting being held March 2019 - Feb. 2020. 7. ***Annual appointments (motion to specify length of appointment) to be made by majority vote of City Council pursuant to City Charter, Chapter 13, Section 301 (2). [A list to be appointed is attached. Any Officer/position you choose not to appoint will continue as a “holdover” until re­appointment or replacement.] 8. Designate Official Paper of Record (Currently The Other Paper). 9. Designate Official Depositories (Currently Community Bank). 10. Appoint Council Representative to the Pension Advisory Committee. a. a) Approve and sign disbursements 11. *** Interim Zoning application #IZ-19-01 of Donald and Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road – continue Public Hearing. 12. Discuss issues related to hate speech in Vermont. 13. Consider convening as the South Burlington Liquor Control Commission to approve the following: ***Gracey’s Liquor Store, 2nd Class License; Gracey’s Store, 2nd Class License; Jiffy Mart at 110 Kennedy Drive, 2nd Class License; Starving Artist Café (Shelburne Road), 1st Class Restaurant/Bar License 14. *** Consider and possibly approve the award of a Construction Contract for Kennedy Drive Pond 3 Stormwater Project 15. Other Business 16. Adjourn Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. 2. Examine residential building permit fees. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. March 7, 2019 MEMO TO: South Burlington City Council FROM: Kevin Dorn, City Manager RE: Re: Annual Appointments 1. Appointments to be made by majority vote of City Council Pursuant to City Charter, Chapter 13, Section 301 (2). The City Charter, Chapter 13, Section 301 (2) requires that certain appointments be made annually by the City Council. A list of those appointments and proposed appointees is listed below. All proposed appointees have agreed to serve for a one year term. Position Incumbent City Treasurer Tom Hubbard City Attorney Andrew Bolduc Zoning Administrator Dalila Hill Asst. Zoning Administrator Cathyann LaRose Asst. Zoning Administrator Marla Keene First Constable Sgt. Doug Dubie Second Constable Corporal Kevin Grealis Grand Juror Kevin Dorn City Agent & Trustee of Public Funds Kevin Dorn 2. Other Appointments Position Incumbant Code Enforcement Officer Dalila Hill Asst. Code Enforcement Officer Cathyann LaRose Asst. Code Enforcement Officer Marla Keene Telecommunications Officer Dalila Hill Asst. Telecommunications Officer Marla Keene Emergency Management Director Terry Francis Health Officer* Justin Rabidoux *To enforce the ordinance relating to the use of public and private sanitary sewerage and stormwater systems as an issuing municpal official 1 RE: Interim Zoning application #IZ-19-01 – Kerwin IN RE: Mark R. Abrams, Ph.D. 174 Highland Terr. So. Burlington, VT 05403 markringa@gmail.com 802-363-2299 - Cell [Returning May 17th, 2019] Kindly send all correspondence by email, and with USPS - up to May 10th to Winter Address: Mark R. Abrams, Ph.D. 2455 E. Caminito de los Ranchos, Tucson, AZ 85718 Primary Tel. 802-363-2299 – Cell // Not before 11am EST: (520) 529-7745 February 28, 2019 Mr. Paul Conner, AICP Director of Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sbvt.gov Dear Paul, Thank you for your response. I am writing this letter to request status as an Interested Party in the above matter. With regards to the Kerwin Interim Zoning application, on Feb.19th I received a forwarded 1/19/19 letter from the City re: that night's meeting on the proposed four building lots behind their house. As I am in Arizona for the winter I could not attend, and as I return in May, cannot attend the March 7th meeting. My concerns stem from the experience of having the character, convenience, quality of life, and property values of my established, 40+-year-old neighborhood altered by the City’s addition of homes placed much closer to the street, and each other. This was totally inconsistent with the long-term nature of the neighborhood, and was done with disregard for the existing residents. A brief overview of some of my concerns includes: 2 - Having paid substantial taxes since 1981, only to have my city act to diminish the value of my property. A number of us will be raising this matter at a later time. This has also resulted in a number of residents feeling blindsided by the City, and has raised the question of what actual qualifications existed to justify this form of social engineering? - That a form of “Bait-and-Switch” has occurred by such after-the-fact alterations because the original buyers were deprived of the choice people have today when considering moving to multiple-design developments. - The potential loss of the screening provided by the City’s property on the west side of the street if new driveways are cut into Kerwin, potentially further impairing the value of my house, and others’ if allowed to continue. - A belief that, in the absence of compelling or emergent conditions, the City was remiss in apparently capriciously targeting Highland Terrace for such alteration. - Alteration to this neighborhood has taken place – and with the addition of good neighbors - but this degree of present alteration is in no way grounds for not preserving what characteristics still exist. A number of us believe no further such construction should be sanctioned. In light of the above, I am totally opposed to any new construction that accesses Highland Terrace from the west side of the street, and urge the City Council to disallow present and future proposals of this nature. Please keep me informed by mail, with email as backup if possible. Thanking you for your kind consideration, I am Yours sincerely, Mark R. Abrams Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Justin Rabidoux, Director of Public Works Date: March 4, 2019 Re: Award of Construction Contract for Kennedy Drive Pond 3 Stormwater Project On Tuesday, February 12, 2019, the City of South Burlington held a bid opening for the Kennedy Drive Pond 3 Stormwater Improvement Project. This project includes the retrofit of an existing stormwater pond into a gravel wetland. This gravel wetland will be installed on City owned property located along Kennedy Drive. We received three responsive bids from contractors to complete this work (Table 1). Additionally, a fourth bid was rejected as non-responsive, as it was submitted on the incorrect bid form and bid schedule. The low bid for this project was submitted by Courtland Construction Corp for the amount of $220,943.30. This cost is below the engineer’s estimate for the project ($254,700.00) and falls within the available grant funding allowance for the project, which is $298,000 in CWSRF loan forgiveness from the Hadley Road Sewer Project through the Green Stormwater Sponsorship Program. The project team has reviewed the bid package and determined that all required materials and bonds were included, all contract addenda were received by the contractor, and all necessary documents had been signed. Table 1. Summary of Bids Received for the Kennedy Drive Pond 3 Stormwater Project Contractor Total Bid Price Munson Earth Moving $ 362,862.00 Courtland Construction Corp. $ 220,943.30 All Seasons Excavating, Inc. $ 557,120.00 Based on this, I am requesting that City Council authorize the South Burlington Department of Public Works to award the Kennedy Drive Pond 3 Stormwater Improvements Project to Courtland Construction Corp. If you would like additional information on this project or the bid results, please contact Tom DiPietro, Deputy Director of Public Works, at (802) 658-7961 x6108. Page 1 of 2 To: Tom DiPietro Project: City of South Burlington, Vermont Kennedy Drive Stormwater Pond 3 Improvements Subject: Analysis of Bids Author: Kirstin DiPietro Worden, P.E. Date: February 21, 2019 1. The Advertisement for bid was published in Seven Days and The Other Paper. Refer to Attachment 1. 2. The City received three responsive bids during a public bid opening on February 12, 2019. Refer to Attachment 2 – Bid Canvas. 3. Dirt Tech Company, LLC submitted a bid on the incorrect bid form and bid schedule. A revised Bid Form C-410 was issued via Addendum No. 2 on 2/8/19. The revised Bid Form added Bid Item 649.11 and provided a lump sum for Bid Item 652.30. As a result of this major defect, the bid from Dirt Tech Company was determined to be non-responsive, and was therefore rejected by the Owner at the time of bid opening. The reason the bid was not accepted was discussed with Dirt Tech Company representative, Connie Slater, and they indicated that they understood and accepted the Owner’s decision. 4. The apparent low bidder is Courtland Construction Corp. with a bid of $220,943.30 which is approximately 13% lower than the Engineer’s Opinion of Probable Construction Cost. Refer to the Bid Canvas in Attachment 2, and the copy of the Bid submitted by Courtland Construction Corp. in Attachment 3. 5. The average of the three responsive submitted bids was $380,308.43 which is approximately 42% higher than the low bid. 6. A review of the Bid submitted by Courtland Construction Corp. was completed and the following is noted: a. The Bid includes the completed Bid Bond and Certification. Aegis Security Insurance Company is the Surety. Aegis Security Insurance Company is on the United States Department of the Treasury's Listing of Certified Companies. No deficiencies were observed. b. The Bid includes acknowledgement of the following: i. Addendum #1 dated January 24, 2019, and ii. Addendum #2 dated February 8, 2019 c. Analysis of the Bid for accuracy and completeness identified no bid informalities, no ineligible costs and no mathematical errors. The following is noted: i. Unit Prices Bid Written in Words match Unit Prices Written in Figures ii. Total Amounts for Each Bid Item equals the Unit Prices multiplied by the Estimated Bid Item Quantity. iii. Total Contract Price Base Bid – Bid Schedule equals the sum of Total Amount in figures of each Bid Item. Page 2 of 2 d. The Bid included the completed Qualifications Statement, which included the following attachments: i. Schedule A (Current Experience) ii. Schedule B (Previous Experience) iii. Schedule C (Major Equipment) iv. Financial information v. Evidence of authority for individuals listed in Section 7 to bind organization to an agreement vi. Resumes of officers and key individuals (including safety officer) of Courtland Construction Corp. vii. Required safety program submittals listed in Section 12. 7. The bidding and contract requirements include efforts to solicit bids from Disadvantaged Business Enterprises (DBE). We have reviewed the documented DBE solicitation efforts by Courtland Construction Corp. and find that they comply with the DBE solicitation requirements of the contract as further detailed in Attachment 4. 8. Cortland Construction Corp. project reference information was submitted with the Bid in Schedules A and B of the Qualifications Statement (Refer to Attachment 3). Results of telephone interviews with the engineers/owners listed in the submitted project reference information is included in Attachment 5. A summary of those interviews indicate the following: a. The construction projects went well. b. Contractor was skilled and did high quality work. c. Project management and superintendents were competent and performed well. d. Contractor was fair. e. Interviewees would look forward to working with Courtland Construction Corp. again in the future and would recommend them for this contract. 9. The following is recommended: a. Ensure that the Contractor meets the construction scheduling requirements of Specification Section 01310, including preparing a detailed construction schedule, and providing monthly construction schedule updates. b. Ensure that the Contractor employs a qualified superintendent full time on the construction site for the contract duration as required by the Standard General Conditions Article 7. c. Provide a part-time Resident Project Representative (RPR) onsite during project construction. Based upon this review, the bid was found to be in accordance with the contract requirements. Bid CanvasKennedy Drive Stormwater Pond 3 Improvements ProjectCity of South Burlington, VermontEPA CWSRF Loan #RF1-234-3.0Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price201.11 Clearing and Grubbing, Including Individual Trees and Stumps 1.00 LS $13,200.00 $13,200.00 $42,000.00 $42,000.00 $19,000.00 $19,000.00 $99,854.00 $99,854.00203.15 Common Excavation1,300 CY $30.00 $39,000.00 $36.00 $46,800.00 $13.50 $17,550.00 $30.00 $39,000.00203.20 Muck Excavation530 CY $30.00 $16,000.00 $50.00 $26,500.00 $12.50 $6,625.00 $75.00 $39,750.00203.30 Earth Borrow Fill (allowance)360 CY $30.00 $10,800.00 $44.00 $15,840.00 $24.50 $8,820.00 $25.00 $9,000.00204.20 Trench Excavation of Earth320 CY $30.00 $9,600.00 $40.00 $12,800.00 $13.50 $4,320.00 $30.00 $9,600.00301.15 Subbase of Gravel (pipe bedding and CB bedding) 50 CY $35.00 $1,800.00 $32.00 $1,600.00 $37.00 $1,850.00 $50.00 $2,500.00301.25 Subbase of Crushed Gravel, Coarse Graded (drive) 70 CY $45.00 $3,200.00 $35.00 $2,450.00 $37.00 $2,590.00 $50.00 $3,500.00541.25 Class B Concrete (for concrete footers) 1.3 CY $500.00 $700.00 $1,200.00 $1,560.00 $605.00 $786.50 $2,000.00 $2,600.00613.10 Stone Fill, Type I (Hydraulic Inlet and Collars) 5 CY $50.00 $300.00 $85.00 $425.00 $74.00 $370.00 $90.00 $450.00622.10 Insulation Board0.98 MFBM $1,200.00 $1,200.00 $600.00 $588.00 $860.00 $842.80 $3,000.00 $2,940.00635.11 Mobilization/Demobilization (5%)1 LS $11,900.00 $11,900.00 $18,100.00 $18,100.00 $10,000.00 $10,000.00 $27,854.00 $27,854.00649.11 Geotextile for Roadbed Separator200 SY $4.00 $800.00 $2.00 $400.00 $0.70 $140.00 $4.00 $800.00649.31 Geotextile Under Stone Fill, Type II 160 SY $4.00 $700.00 $4.00 $640.00 $1.50 $240.00 $5.00 $800.00649.41 Geotextile Under Underdrain (under gravel layer) 560 SY $4.00 $2,300.00 $1.00 $560.00 $0.90 $504.00 $4.00 $2,240.00649.515 Geotextile for Silt Fence, Woven Wire Reinforced 170 SY $10.00 $1,700.00 $5.00 $850.00 $6.00 $1,020.00 $18.00 $3,060.00651.15 Seed (Outside Wetland)22 LB $50.00 $1,100.00 $7.00 $154.00 $2.50 $55.00 $25.00 $550.00651.29 Straw mulch0.9 TON $500.00 $500.00 $1,000.00 $900.00 $600.00 $540.00 $2,500.00 $2,250.00651.35 Topsoil (4" topsoil on side slopes and outside wetland) 252 CY $40.00 $10,100.00 $65.00 $16,380.00 $82.00 $20,664.00 $55.00 $13,860.00652.10 Erosion Protection & Sediment Control Plan 1 LS $5,000.00 $5,000.00 $2,800.00 $2,800.00 $1,815.00 $1,815.00 $7,500.00 $7,500.00652.30 Maintenance of EPSC Plan (N.A.B.I.) 1 LU $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00653.20 Temporary Erosion Matting650 SY $2.00 $1,300.00 $2.00 $1,300.00 $1.80 $1,170.00 $5.00 $3,250.00653.35 Vehicle Tracking Pad60 CY $50.00 $3,000.00 $45.00 $2,700.00 $65.00 $3,900.00 $60.00 $3,600.00653.42 Filter Bag2 EACH $500.00 $1,000.00 $150.00 $300.00 $190.00 $380.00 $500.00 $1,000.00653.50 Barrier Fence - temporary construction 100 LF $25.00 $2,500.00 $4.00 $400.00 $1.70 $170.00 $15.00 $1,500.00656.20 Evergreen Trees (White Pine, B&B, 2-2.5" Caliper) 9 EACH $175.00 $1,600.00 $350.00 $3,150.00 $390.00 $3,510.00 $800.00 $7,200.00656.20 Evergreen Trees (Canandian, B&B, 2-2.5" Caliper) 10 EACH $175.00 $1,800.00 $405.00 $4,050.00 $450.00 $4,500.00 $800.00 $8,000.00656.30 Deciduous Trees (Silver Maple, B&B, 2-2.5" Caliper) 2 EACH $250.00 $500.00 $575.00 $1,150.00 $630.00 $1,260.00 $800.00 $1,600.00656.30 Deciduous Trees (Red Maple, B&B, 2-2.5" Caliper) 5 EACH $250.00 $1,300.00 $575.00 $2,875.00 $630.00 $3,150.00 $800.00 $4,000.00656.35 Deciduous Shrubs (Redosier Dogwood) 100 EACH $75.00 $7,500.00 $45.00 $4,500.00 $50.00 $5,000.00 $175.00 $17,500.00656.80 Lanscaping Backfill, Truck Measurement 70 CY $60.00 $4,200.00 $75.00 $5,250.00 $80.00 $5,600.00 $75.00 $5,250.00900.608 Wetland Soil140 CY $114.00 $16,000.00 $110.00 $15,400.00 $72.00 $10,080.00 $75.00 $10,500.00900.608 3/4" gravel (26" thick in cell 1, 24" thick in cell 2) 280 CY $35.00 $9,800.00 $50.00 $14,000.00 $54.00 $15,120.00 $90.00 $25,200.00900.608 Pea Stone - Choker Layer - 3/8" stone (3") 40 CY $50.00 $2,000.00 $145.00 $5,800.00 $61.00 $2,440.00 $90.00 $3,600.00900.61 9" Stone Fill, (swale and spillways)90 CY $65.00 $5,900.00 $70.00 $6,300.00 $74.00 $6,660.00 $90.00 $8,100.00900.620 24" HDPE Risers4 EACH $2,500.00 $10,000.00 $3,000.00 $12,000.00 $2,700.00 $10,800.00 $2,500.00 $10,000.00900.620 Flared End Section2 EACH $300.00 $600.00 $275.00 $550.00 $300.00 $600.00 $700.00 $1,400.00900.620 Seepage Collars7 EACH $300.00 $2,100.00 $250.00 $1,750.00 $950.00 $6,650.00 $600.00 $4,200.00900.620 Catch Basin - 4' Diameter2 EACH $5,000.00 $10,000.00 $3,600.00 $7,200.00 $4,400.00 $8,800.00 $5,800.00 $11,600.00900.620 Beehive Grate1 EACH $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,150.00 $1,150.00 $1,500.00 $1,500.00900.620 Removable Trash Rack1 EACH $1,500.00 $1,500.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 $2,800.00 $2,800.00900.640 24" HDPE Pipe110 LF $65.00 $7,200.00 $55.00 $6,050.00 $65.00 $7,150.00 $95.00 $10,450.00900.640 8" HDPE Perforated Pipe80 LF $35.00 $2,800.00 $35.00 $2,800.00 $16.00 $1,280.00 $80.00 $6,400.00900.640 8" HDPE Pipe62 LF $30.00 $1,900.00 $45.00 $2,790.00 $33.00 $2,046.00 $80.00 $4,960.00900.640 Magnetic Locating Tape100 LF $2.00 $200.00 $1.00 $100.00 $0.05 $5.00 $2.00 $200.00900.645 Wetland Seed - Marsh/Swamp/Bog Mix 8 LB $100.00 $800.00 $250.00 $2,000.00 $130.00 $1,040.00 $120.00 $960.00900.645 Wetland Seed - Detention Basin Mix 5 LB $100.00 $500.00 $80.00 $400.00 $50.00 $250.00 $120.00 $600.00900.690 Dewatering1 LS $20,000.00 $20,000.00 $56,000.00 $56,000.00 $12,200.00 $12,200.00 $120,000.00 $120,000.00900.645 Bonds & Insurance (2%)1 LS $4,800.00 $4,800.00 $7,200.00 $7,200.00 $4,000.00 $4,000.00 $11,142.00 $11,142.00$254,700.00 $362,862.00 $220,943.30 $557,120.00Engineer's SignatureKirstin DiPietro Worden, P.E.Hoyle, Tanner & Associates, Inc.Apparent Low Bidder:Apparent Low Bid:Courtland Construction Corp.$220,943.30Notes1. Dirt Tech Company, LLC submitted a bid on the incorrect bid form and bid schedule. A revised Bid Form C-410 was issued via Addendum No. 2 on 2-8-19. The revised Bid Form added Bid Item 649.11 and provided a lump sum for Bid Item 652.30. As a result of this major defect, the Bid from Dirt Tech was considered non-responsive, and therefore rejected by the Owner at the time of bid opening.All Seasons Excavating, Inc.Total Price Base Bid2/12/2019Bids Opened: 1:00 PMBid ScheduleTotal Quantity UnitEngineer's EstimateCourtland Construction Corp.Munson Earth Moving Corp.ATTACHMENT 2 - BID CANVASReturn to Bid Analysis Memo ATTACHMENT 3 - BIDReturn to Bid Analysis Memo