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10/20/2015 (3)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 20, 2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27`h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Deputy Teddy Floyd, IRC Sheriff Department Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Month of October, 2015, as National Arts and Humanities Month PAGE 1 B. Presentation of Proclamation Designating the Week of October 26, 2015, as Community Action Agency Week 2 C. Presentation of Proclamation Designating the Day, October 23, 2015, as Breast Cancer Awareness/Wear Pink Day in Indian River County, Florida 3 October 20, 2015 Page 1 of 6 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Florida Public Service Commission Consummating Order No. PSC -15 -0386 -PAA -EQ Effective and Final has been Received and is Available for Review in the Office of the Clerk to the Board PAGE B. State of Florida Department of Transportation Public Transportation Joint Participation Agreement with the Indian River County Metropolitan Planning Organization C. Save the Date — Gifford Housing Fair, Monday November 2, 2015 4-22 23 D. Retirement Award and Proclamation Honoring Rebecca Roach on Her Retirement from Indian River County Board of County Commissioners Department of Public Works/Engineering Division with Thirty Years of Service 24-25 8. CONSENT AGENDA A. Approval of Warrants — October 2, 2015 to October 8, 2015 (memorandum dated October 8, 2015) 26-33 B. Declare Excess Equipment Surplus for Trade -Up Program (memorandum dated October 13, 2015) 34-38 C. Change Order No. 1 and Release of Retainage, 45`h Street Canal Enclosure (43rd Avenue — Family Dollar Entrance), IRC Project No. 1427 (memorandum dated October 7, 2015) 39-57 D. Change Order No. 1 and Release of Retainage, Bid No: 2014046, 13th Street S.W. at 58`h Avenue Bridge, IRC Project No. 0530B (memorandum dated October 5, 2015) 58-91 E. Change Order No. 2, Martin Luther King Walking Trail, IRC Project No. 1413, Bid No. 2015034 (memorandum dated October 12, 2015) 92-95 F. FIND Project Agreement No. IR -15-01, Small Scale Derelict Vessel Removal Program (memorandum dated`October 12, 2015) 96-108 October 20, 2015 Page 2 of 6 8. CONSENT AGENDA PAGE G. Agreement with the State Department of Environmental Protection for Maintenance of the Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State Park (memorandum dated October 12, 2015) 109-117 H. Agreement with the State of Florida Division of State Lands to Obtain an Easement for Construction of the Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State Park (memorandum dated October 12, 2015) Request for the Board of County Commissioners to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (Public Transportation Block Grant) (memorandum dated October 8, 2015) J. Request for the Board of County Commissioners to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (Formula Grants for Rural Areas) (memorandum dated October 8, 2015) K. Second Amendment to Elevated Water Tank Space License Agreement with New Cingular Wireless PCS, LLC (memorandum dated October 7, 2015) 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. 790 A1A, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for a Project to be known as Sandy Lane (memorandum dated October 6, 2015) Quasi Judicial 118-130 131-143 144-156 11 157-177 178-196 2. Consideration of an Ordinance to Amend (Update) County Code Chapter 800, Title VIII Comprehensive Plan of the Code of Indian River County (memorandum dated October 8, 2015) Legislative 197-213 October 20, 2015 Page 3 of 6 10. PUBLIC ITEMS PAGE B. PUBLIC DISCUSSION ITEMS 11. None C. PUBLIC NOTICE ITEMS None COUNTY ADMINISTRATOR MATTERS A. Meetings of the Indian River County Board of County Commissioners Proposed 2016 Meeting Dates (memorandum dated October 2, 2015) 12. DEPARTMENTAL MATTERS A. B. C. D. E. Community Development None Emergency Services None General Services None 1. Human Services None 2, Sandridge Golf Club None 3. Recreation None Human Resources None Office of Management and Budget 1. Quarterly Budget Report (memorandum dated October 14, 2015) 214-215 216-228 October 20, 2015 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE F. G. Public Works None Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Overview of Legislative Update By Kate Pingolt Cotner, Assistant County Attorney (no back-up) 14. COMMISSIONERS MATTERS A. B. C. D. E. Commissioner Wesley S. Davis, Chairman None Commissioner Bob Solari, Vice Chairman None Commissioner Joseph E. Flescher None Commissioner Peter D. O'Brvan None Commissioner Tim Zorc 1. Resolution for Funding — Temporary Lease of up to Two (2) Ambulances (memorandum dated October 15, 2015) 15. SPECIAL DISTRICTS AND BOARDS A. B. Emergency Services District None Solid Waste Disposal District 1. Approval of Minutes August 18, 2015 229 October 20, 2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. C. Solid Waste Disposal District 2. Approval of Minutes September 10, 2015 Preliminary Budget Hearing 3. Amendment No. 3 to Work Order No. 1 to Kessler Consulting, Inc., for Service Transition Assistance (memorandum dated October 14, 2015) Environmental Control Board None 16. ADJOURNMENT 230-235 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 20, 2015 Page 6 of 6 PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2015, AS NATIONAL ARTS AND HUMANITIES MONTH WHEREAS, in this complicated world and in these challenging times, the arts and humanities enhance the character of our Nation, and WHEREAS. a flash of insight that comes from watching a thought-provoking documentary or discovering a compelling novel sparks moments of joy, awe, and sorrow; and, WHEREAS, from symphonies that bring tragedy to life with long bow strokes, to architecture that challenges the boundaries of the world around it, these works add texture to our lives and reveal something about ourselves, and, WHEREAS, during National Arts and Humanities Month, we reflect on the many ways the arts and humanities have contributed to the fabric of our society; and WHEREAS, our Nation is built on the freedom of expression, and we rely on the arts and humanities to broaden our views and remind us of the truths that connect us; and WHEREAS, by capturing our greatest hopes and deepest fears, the arts and humanities play an important role in telling our country's story and broadening our understanding of the world, and WHEREAS, to meet the challenges ahead, we must harness the skill and ingenuity of our children and grandchildren, and instill in them the same passion and persistence that has driven centuries of progress and innovation, and WHEREAS, the arts and humanities provide important opportunities for our young people to unleash their creativity and reach for new heights NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2015, be designated as National Arts and Humanities Month in Indian River County, and the Board encourages all citizens to celebrate and promote the arts and culture in our Nation and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in our community Adopted this 20th day of October, 2015 BOARD OF COUNTY COMMISSIONERS INDI N RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Vice Chairme Peter D O'Bryan (%9— escher Tim Zoe/�� 1 A COMMUNITY CELEBRATION Saturday, October 31, 2015 10 am - 4 pm • Riverside Park • Find out what is coming to our theatres, orchestras, opera, art galleries, museums, performing arts venues and more • Enjoy meeting businesses that support the arts and nonprofits that use the arts for fundraising • Enjoy entertainment by dancers, choral groups, orchestras, theatrical skits, musicians and so much more • Enjoy meeting the cultural community of Indian River County & the surrounding area • Sample our area's vibrant culinary arts • Come for the day or the weekend. We can even help with information on lodging! For details... Visit: www.cultural-council.org/CetebrateArts.html Email: info@cultural-council.org CaII: 772-770-4857 Cultural Calendar aZikal CVLTURAL CONCIERGE SERVICE OF INDIAN RIVER COUNTY 1 Ce46frth ae 4).6 FESTIVAL PARTICIPANTS • American Association of University Women • Artist Guild Gallery • Ballet Vero Beach, Inc. • Ballet Vero Parent & Friends, Inc/ Vero Classical Ballet • Center for Spiritual Care • Chelsea's on Cardinal Community Church of Vero Beach Coulter Designs DayTrippin'with Patti &Vicky, LLC Emerson Center Eileen Farrell First United Methodist Church Florida Falun Dafa Association • Gallery at Windsor • Al Gustave HALO Rescue Herbert the Hedgehog Humane Society of Vero Beach & Indian River County Indian River Charter High School Indian River County Historical Society • Indian River Poster Company • Jeweled Expression • Just Me 2 • Magic Carpet Ride/Goodtime Getaways • Main Street Vero Beach • McKee Botanical Garden • MSVB Studios & Gallery • National League of American Pen Women • National Navy UDT— Seal Museum • Navy League of the United States, Treasure Coast Council 334 • Mike Nelson • Ocean Drive Plastic Surgery • PakMail Beachside • Pelican Island National Wildlife Refuge • Pelican Island Preservation Society • Petrillo Collection • Rotary Club of Vero Beach Sunrise • Saint Edward's School • Schlitt Insurance Services, Inc. • Scottish Society of the Treasure CoastNero Beach Pipes & Drums • Lee G. Smith • Springhill Suites by Marriott • St. Paul's Church • Sunrise Theatre • Theatre -Go -Round Dinner Theatre • Treasure Coast Chorale • Treasure Coast Pilot Club • Treasure Coast Travel Agency • Vero Beach Art Club • Vero Beach Elks Lodge • Vero Beach Masonic Lodge • Vero Beach Opera, Inc. • Vero Beach Theatre Guild • Vero Beach Wine & Film Festival • Vero Beach Yacht Club • Allen Wolford • Youth Sailing Foundation of Indian River County ...AND MORE! Facebook Twitter PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 26, 2015, AS COMMUNITY ACTION AGENCY WEEK WHEREAS, this year marks the 50th year anniversary of the Economic Opportunities Council of Indian River County, Inc. (EOC of IRC); and WHEREAS, the Economic Opportunity Act of 1964 created community action organizations and charged them with mobilizing human and financial resources to combat poverty in the U.S ; and WHEREAS, with this legislation, President Lyndon Johnson declared the "war on poverty"; and WHEREAS, the EOC of IRC was one of the first nonprofit agencies established in Indian River County to fight poverty and seek to eradicate its causes; and WHEREAS, the EOC of IRC administers multiple federal and state programs for low income citizens in Indian River and Okeechobee Counties; and WHEREAS, the EOC of IRC has provided services including energy assistance, Head Start Child Development, family support, education and training programs, and emergency rental and food assistance to the most vulnerable low-income citizens of Indian River County; and WHEREAS, the needs and expectations of the EOC of IRC's clients have grown and evolved, and WHEREAS, EOC of IRC continues to seek opportunities to expand its safety net services for Indian River and Okeechobee counties' citizens NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of October 26, 2015, be designated as Community Action Week in Indian River County and that the Board encourages all citizens to support EOC of IRC. Adopted this 20th day of October, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S Day' , Chairman J Bo lari, Vice Chairman Peter D. O'Bryan seph . Flescher Tim Zor�) 2 1► PROCLAMATION DESIGNATING THE DAY, OCTOBER 23, 2015, AS BREAST CANCER AWARENESS/WEAR PINK DAY IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, breast cancer is a malignant tumor that starts in the cells of the breast and the malignant tumor is a group of cancer cells that can grow into (invade) surrounding tissues or spread (metastasize) to distant areas of the body; and WHEREAS, the disease occurs almost entirely in women, but men can get it too. 1 in 8 U S. women (about 12%) will develop invasive breast cancer over the course of her lifetime A man's lifetime risk of breast cancer is about 1 in 1,000; and WHEREAS, in 2015, an estimated 231,840 new cases of invasive breast cancer are expected to be diagnosed in the U.S along with 2,350 new cases of invasive breast cancer are expected to be diagnosed in men, and WHEREAS, for women in the U.S , breast cancer death rates are higher than those for any other cancer, besides lung cancer. Death rates have been decreasing since 1989. Women under 50 have experienced larger decreases. These decreases are thought to be a result of treatment advances, earlier detection through screening, and increased awareness NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby designate the day of October 23, 2015, as BREAST CANCER AWARENESS/WEAR PINK DAY IN INDIAN RIVER COUNTY to continue increased public awareness of breast cancer and to promote research for treatment and a cure. Adopted this 20th day of October, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA esley S. Dav , C 'irman e--fL9 i CYG—e0-_— Bch-Solari, lice Chpirman Peter D O'Bryan STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 76 725.030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 1 0114 Financial Project No 413731-2-14-01 (item -segment -phase -sequence) 05L39 20.505 Contract No. CFDA Number CFDA Title: Fund: DPTO,DU Function: 615 Federal No F L— frO— OOl p- (17 DUNS No. 80-939-7102 FLAIR Approp.. 088774 FLAIR Obj. 780000 Org. Code. 55042010429 Vendor No VF 596000674022 Agency DUNS No 049 2.0R-1 j CSFA Number CSFA Title: THIS AGREEMENT, made and entered into this 1 Sr day of U 0o div Lj by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County MPO 1801 27th Street, Vero Beach, FL 32960 hereinafter referred to as Agency The Department and Agency agree that all terms of this Agreement will be completed on or before 9/30/2020 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00 WITNESSETH WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under et.„( 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide assistance to the Indian River County MPO to carryout tasks and activities in the adopted Unified Planning Work Program. Indian River County MPO Section 5305d and as further described in Exhibit(s) A.B.0 & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page 1 of14 4 725030-06 PUBLIC TRANSPORTATION OGC - 12114 Page 2 0114 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 89.017.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 80,115.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15 00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is 8 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4 00 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller 5 Page 2 0114 725-030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 3 of 14 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Participant shall; within five days after notice from the Department, provide the Department with a corrective action plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance If the corrective action plan is unacceptable to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant resolves the deficiency If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "pi-oject account" Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.30 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below 6 Page 3 0114 725-030-06 PUBLIC TRANSPORTATION OGC - 12114 Page 4 of 14 Part I Federally Funded: 1 In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 Exhibit D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. b In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e , the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). Page 4 0114 7 725-030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 5 of 14 d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 e Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. g. The Department's contact information for requirements under this part is as follows. Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dotstate.fl.us Part 11 State Funded: 1 In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. 2. The Agency, a nonstate entity as defined by Section 215 97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215 97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10 550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit A to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. Page 5 of 14 8 725-030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 6 0114 b In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215 97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General. c. In the event the Agency does not meet the audit threshold requirements established by Section 215 97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215 97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215 97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). d. In accordance with Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to' Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 F D O TS i ng l eAud it@d ot. state. fl . us And State of Florida Auditor General Local Government Audits/342 111W Madison Street, Room 401 Tallahassee, FL 32399-1450 e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable f The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 9 Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215 97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Page 6 o1 14 9 11 725030-06 PUBLIC TRANSPORTATION OGC . 12/14 Page 7 of 14 The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale FL 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6 10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A° Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A" Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit °A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F S , and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F S 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if. 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 10 Page 7 0114 725-030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 8 0114 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "13 " 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed, (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 11 Page 8 of 14 10.00 Contracts of the Agency: 725-030-06 PUBLIC TRANSPORTATION OGC • 12/14 Page 9 o114 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23 The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review 10.20 Procurement of Personal Property and Services 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287 055, F S , Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287 055 F S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287 017 F S , is contingent on the Agency complying in full with the provisions of Chapter 287 057 F S The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287 057 F S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B°, or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U S.0 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency Page 9 of 14 12 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure th'at applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 725-030-06 PUBLIC TRANSPORTATION OGC - 12/14 Page 10 of 14 I 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U S C 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U S C 12102, et. seq.), the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto - 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 13 Page 100114 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the. 72soaal>6 UC TRANSPORTATION Agency that the project will be carried out in conformancewith all applicable environmental regulations including the OGC - 12114 Page „of,4 securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 1 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenantor any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Departments failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 14 Page 11 of 14 725-030-06 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or thgUBLIC TRANSPORTATION constructing and equipping of facilities, where plans and 'specifications have been developed, the Agency shall provide an age 1212/11 ° 14 Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable, b The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards, The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. a. c. d. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339 135(6)(a), F S , are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year " 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 9/30/2020 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 15 Page 12 of 14 1. Agency agreesthat no federal a 725030 -06 19.10 Federal: The A g y ppropriated funds have been paid or will be paid by or on behalfa� TRANSPORTATION 2/14 the Agency, to person for influencingor attempting to influence anyofficer or employee of federal agency, a Page 1310(14 any P 9any Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall.complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penaltyin accordance with Section 215 422(3)(b), F S will be due and payable, in addition to the invoice amount to the Agency The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the thresholdamount provided in s. 287 017, F S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E -Verify: Vendors/Contractors: 1 shall utilize the U S Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U S Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 16 Page 13 0114 725-030-06 PUBLIC TRANSPORTATION OGC • 12114 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Indian River County MPO AGENCY NAME SIGNATORY (PRINTED OR TY SIGNATURE Qi-Ykirroan FDOT See att. ed Encumbrance Form for date of Funding Appro by Comptroller EGAL REVIEW DEPARTMENT OF TRANSPORTATION // Stacy L. Miller, P E. DEPA'?/.NTOF '•N Pe'•, le -40 Director o ortation Development TITLE TITLE Page 14 of 14 17 Financial Project No 413731-2-14-01 Contract No C-1 05cj Agreement Date j/ EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County MPO 1801 27th Street. Vero Beach. FL 32960 referenced by the above Financial Project Number. PROJECT LOCATION. Indian River County MPO PROJECT DESCRIPTION. Provide assistance to the Indian River County MPO for the undertaking of technical studies and to implement the tasks and activities in the adopted Unified Planning Work Program. Indian River County MPO Section 5305d SPECIAL CONSIDERATIONS BY AGENCY. The audit report(s) required in paragraph 6 60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT Compliance requirements include 7. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards also known as the Super Circular Page 1 of 1 18 Financial Project No Contract No. 413731-2-14-01 Agreement Date EXHIBIT "B" PROJECT BUDGET ir)//fps This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County MPO 1801 27th Street, Vero Beach, FL 32960 referenced by the above Financial Project Number PROJECT COST $ 89,017.00 TOTAL PROJECT COST $89,017 00 II. PARTICIPATION: Maximum Federal Participation FTA ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 10 %) or $ 8,902.00 Other ( %) or $ Maximum Department Participation, Primary DPTO Federal Reimbursable DU Local Reimbursable ( 10 %) or $ 8,902.00 ( 80 %) or $ 71,213.00 ( %) or $ TOTAL PROJECT COST $89,017.00 19 Page 1 of 1 FINANCIAL PROJECT NO. 413731-2-14-01 EXHIBIT "C" (Section 5303) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County MPO 1801 27th Street, Vero Beach, FL 32960 referenced by the above Financial Project Number. This Agreement is in conformance with Section 5303 of the Federal Transit Act (49 U.S.C. 5303) and chapter 341 Florida Statutes. The Metropolitan Planning Organization (MPO) shall ensure adherence to the various Federal requirements documented in FTA (formerly UMTA) Circular 8100.1a, including Title VI of the Civil Rights Act of 1964, Disadvantaged Business Enterprise requirements, and the Americans with Disabilities Act of 1990, and all other federally required certifications and assurances made in its application to the Department for Section 5303 funds. The MPO shall adhere to all applicable planning requirements established and set forth by the U.S. Department of Transportation, including development and timely submission of its Transportation Improvement Program (TIP) and annual/biennial element and Unified Planning Work Program (UPWP). The MPO shall comply with any special conditions imposed by the Federal Transit Administration (FTA) as a condition of grant approval. Costs incurred prior to execution of this agreement can not be charged to the grant. Costs incurred by the MPO to prepare and file an application are not eligible project costs. 20 EXHIBIT D 725-030-06 PUBLIC TRANSPCRTATION 04/06 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded Compliance Requirements applicable to each Federal or State program should also be listed below If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here. • (e.g , What services or purposes the resources must be used for) • (e g , Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Federal Transit Administration 20 505 $80,115.00 Compliance Requirements 1. Progress reports 2. Financial report upon completion of the project 3. Final technical study report (if applicable) Activities assisted under this section may include preparation of transportation plans including transportation improvement programs and management systems; studies related to transportation management, operations, capital requirements, and economic feasibility; evaluation of previously funded capital projects, and other related activities in preparation for the construction, acquisition, or improved operation of transportation systems, facilities, and equipment. Appointments are made to the States for formula distribution to the Metropolitan Planning Organization to be used in urbanized areas within each State STATE RESOURCES State Agency DPTO Compliance Requirements Catalog of State Financial Assistance (Number & Title) 1. Progress reports 2. Financial report upon completion of the project 3 Final technical study report (if applicable) Amount $8,902.00 Activities assisted under this section may include preparation of transportation plans including transportation improvement programs and management systems, studies related to transportation management, operations, capital requirements, and 21 EXHIBIT D 725-030-06 PUBLIC TRANSPORTATION 04/06 economic feasibility; evaluation of previously funded capital projects, and other related activities in preparation for the construction, acquisition, or improved operation of transportation systems, facilities, and equipment. Appointments are made to the States for formula distribution to the Metropolitan Planning Organization to be used in. urbanized areas within each State Matching Resources for Federal Programs Federal Agencv Catalog of Federal Domestic Assistance (Number & Title) Amount Federal Reimbursement $71,213.00 Compliance Requirements 1 Progress reports 2. Financial report upon completion of the project 3. Final technical study report (if applicable) Activities assisted under this section may include preparation of transportation plans including transportation improvement programs and management systems, studies related to transportation management, operations, capital requirements, and economic feasibility; evaluation of previously funded capital projects, and other related activities in preparation for the construction, acquisition, or improved operation of transportation systems, facilities, and equipment. Appointments are made to the States for formula distribution to the Metropolitan Planning Organization to be used in urbanized areas within each State. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. 22 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com r& ve t _*),s Gifford Housing Fair Will be held on: Monday N�vember 2, 2015 6:00-7:30 p.m. Gifford Community/ Center 4855 43rd Avenue Meet staff from Financial Institutions, Housing Programs, Affordable Housing Providers, and Realtors to find out about opportunities for: O Assistance to purchase a house O Assistance to rehabilitate your existing house o General banking information and available assistance This is to certib that 2jf6ecca 2pacFi is hereby presented this Wctirement Award for outstanding performance and faitfifu(serr'ice to Indian Vver County Board of County Commissioners For thirty years of service On this 29th day of October 2015 Christopher 91 ora, TIE ryt es1ey S. Davis Director of cpu6Cu Works Board of County Commissioner, Chairman PROCLAMATION HONORING REBECCA ROACH ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/ENGINEERING DIVISION WHEREAS, Rebecca Roach retired from Indian River County Public Works Department effective October 29, 2015; and WHEREAS, Rebecca Roach began her career on October 1, 1985, as a Traffic Technician I, and was promoted to Drafting Technician on January 28, 1986, moved up to Engineering Technician II on July 22, 1988, then to Auto Cadd Operator on March 30, 2001, and fianlly to Senior Survey Technician on January 13, 2006, and continued to work in this capacity until her retirement; and WHEREAS, Rebecca Roach has served this County and the Public with distinction and selflessness. During her thirty years of service, she was dedicated and her work was greatly appreciated by the employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Rebecca Roach's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in all her future endeavors! Adopted this 20t day of October 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Islrti----r Wesle . Davis; Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 8, 2015 SUBJECT: APPROVAL OF WARRANTS October 2, 2015 to October 8, 2015 gf\• In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of October 2, 2015 to October 8, 2015. Attachment: DLB: DB TRANS NBR 331484 331485 331486 331487 331488 331489 331490 331491 331492 331493 331494 331495 331496 331497 331498 331499 331500 331501 331502 331503 331504 331505 331506 331507 331508 331509 331510 331511 331512 331513 331514 331515 331516 331517 331518 331519 331520 331521 331522 331523 331524 331525 331526 331527 331528 331529 331530 331531 331532 331533 331534 331535 331536 331537 331538 331539 331540 331541 DATE 10/2/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 CHECKS WRITTEN VENDOR SUNSHINE LAND DESIGN UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS PORT CONSOLIDATED INC JORDAN MOWER INC RANGER CONSTRUCTION IND INC RICOH USA INC KIMLEY HORN & ASSOC INC VELDE FORD INC AT&T WIRELESS AT&T WIRELESS DATA FLOW SYSTEMS INC PARALEE COMPANY INC E -Z BREW COFFEE & BOTTLE WATER SVC KELLY TRACTOR CO AMERIGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP CHANDLER EQUIPMENT CO INC AMOUNT 33.116 40 82 44 72 96 19.34 56 17 35.76 12.98 65 69 2 93 33.37 605.34 47.01 395 10 26.64 74.15 52.31 81.16 22.24 28.38 33 01 96.78 30 63 11 43 69.33 54.27 14 54 889.73 4607 100.34 38.21 32 75 22.57 8.72 87 80 198 69 19 93 37.55 41 86 35 11 47.39 67 08 37 65 42 88 14,728.22 1.077 30 700 60 20.39 456 75 101 72 87 66 2.600 40 225 40 978 00 31 44 284 44 318 78 1.171 57 2,297 30 1 27 TRANS NBR 331542 331543 331544 331545 331546 331547 331548 331549 331,550 331551 331552 331553 331554 331555 331556 331557 331558 331559 331560 331561 331562 331563 331564 331565 331566 331567 331568 331569 331570 331571 331572 331573 331574 331575 331576 331577 331578 331579 331580 331581 331582 331583 331584 331585 331586 331587 331588 331589 331590 331591 331592 331593 331594 331595 331596 331597 331598 331599 331600 331601 DATE .10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/ 8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 VENDOR GAYLORD BROTHERS INC HACH CO CLIFF BERRY INC SLP INVESTMENTS INC KSM ENGINEERING & TESTING INC HD SUPPLY WATERWORKS, LTD EAST COAST MILLING TURTLE LLC EGP INC VERO INDUSTRIAL SUPPLY INC TIRESOLES OF BROWARD INC BFS RETAIL OPERATIONS LLC CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC PHILIP VANVYNCKT DELL MARKETING LP GENERAL PART INC GOODYEAR AUTO SERVICE CENTER BAKER & TAYLOR INC MIDWEST TAPE LLC PRECISION CONTRACTING SERVICES INC MICROMARKETING LLC K & M ELECTRIC SUPPLY PALM TRUCK CENTERS INC GO COASTAL INC SOFTWARE HARDWARE INTEGRATION LINDSEY GARDENS LTD CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH CHAPTER 13 TRUSTEE INDIAN RIVER ALL FAB INC UNITED PARCEL SERVICE INC FLORIDA GOVERNMENT FINANCE FLORIDA GOVERNMENT FINANCE FLORIDA GOVERNMENT FINANCE TREASURE COAST REGIONAL PLANNING FLORIDA DEPT OF TRANSPORTATION JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC IRC CHAMBER OF COMMERCE ST JOHNS RIVER WATER MGMT DISTRICT ST JOHNS RIVER WATER MGMT DISTRICT FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP MUNICIPAL CODE CORPORATION FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT JAMES GRAY JR TAYLOR MADE GOLF CO INC GIFFORD YOUTH ACTIVITY CENTER INC CITY OF FELLSMERE NSI ALPHA CORPORATION FLORIDA DEPT OF ENVIRONMENTAL PROTECTION IRC HEALTHY START COALITION INC WALKER PROCESS EQUIPMENT CARTER & VER.PLANK INC HENRY SMITH ALAN C KAUFFMANN AMOUNT 27011 812 99 32.40 24 95 4.948 50 517 89 11,700.00 195.31 1,169.38 5,279.19 1,586.22 3,364.00 480.00 730 00 1.937 63 318.84 49 00 6,875.36 2,989 62 1,006.98 4544 190.25 670 85 1;499 40 350 00 397.00 52.50 17,074 90 8 00 368.38 252.38 105 79 23 00 23 00 23 00 60,611.00 2.111,907.00 482 40 7,635.00 884 70 578.35 6,065.76 490 00 100 00 17 05 50 06 656 54 10.517 45 5,669 58 46 73 180.30 5.326 06 172 37 137 00 5,000 00 416 74 1,600.00 150.00 40 00 40 00 TRANS NBR 331602 331603 331604 331605 331606 331607 331608 331609 331610 331611 331612 331613 331614 331615 331616 331617 331618 331619 331620 331621 331622 331623 331624 331625 331626 331627 331628 331629 331630 331631 331632 331633 331634 331635 331636 331637 331638 331639 331640 331641 331642 331643 331644 331645 331646 331647 331648 331649 331650 331651 331652 331653 331654 331655 331656 331657 331658 331659 331660 331661 DATE 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 VENDOR FIRST AMENDMENT FOUNDATION PETTY CASH G K ENVIRONMENTAL INC WESTSIDE REPROGRAPHICS OF VERO BEACH INC FLORIDA DEPT OF FINANCIAL SERVICES BANK OF NEW YORK AIRGAS CARBONIC INC IDEA GARDEN ADVERTISING INTERNATIONAL ASSOC OF EMERGENCY MANAGERS PINNACLE GROVE LTD HAYTH.HAYTH & LANDAU FLORIDA LEGISLATURE RAYMOND MOSSMAN JR FLORIDA ASSOC OF CODE ENFORCEMENT JASON OGILVIE KATHLEEN BOWMAN RUSSELL PAYNE INC TMQ INC FLORIDA DEPT OF JUVENILE JUSTICE VAN WAL INC JOSEPH W VASQUEZ JOHNS EASTERN COMPANY INC GERALD DIXON LUCY INMAN DICKERSON FLORIDA INC MP RICHMOND INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT BETTY BEATTY-HUNTER C W NI ELSEN MFG CORP LARRY STEPHENS DAYSPRING 1ST FIRE & SECURITY INC D&S ENTERPRISES OF VERO BCH LLC SUNCOAST REALTY & RENTAL MGMT LLC COMMUNICATIONS BROKERS & CONSULTANTS INC JOHNNY B SMITH GLOBALSTAR USA JACE CHANDLER & ASSOCIATES INC INDIAN RIVER RDA LP ' FIRST CHURCH OF GOD AMERIMARK INC TREASURE COAST FOOD BANK 1NC MICHELLE VAN KEULEN K'S COMMERCIAL CLEANING NICOLACE MARKETING INC TERESA PULIDO JOHN OCONNOR ELIA FULLER GARRETT SMITH DE LA HOZ BUILDERS INC AMERICHEM LAWN & PEST CONTROL INC YAMAHA GOLF CAR COMPANY WOERNER DEVELOPMENT INC CREATIVE POWER SOLUTIONS INC JOSAN CONSTRUCTION ATLANTIC COASTAL LAND TITLE CO LLC KEMPER BUSINESS SYSTEMS GUETTLER BROTHERS CONSTRUCTION LLC AMOUNT 61.35 6 00 10.349.34 11.22 13,559.36 300 00 5.686.30 150 00 555 00 158 00 125 00 735 00 20 00 70 00 6.25 21.99 566.79 570 00 40,352.39 8 00 40.00 21,580.50 6.25 50.00 119,065.16 1,089 00 235.52 238 72 133.20 35 00 1,672 80 40 00 250 00 442 00 18.34 900.00 1 88 40 00 117 65 1,390.00 563.00 1,261 08 4.522 98 169.20 75 00 17,829 08 1_,235 00 210.00 4 00 150 00 40 00 9.963 00 100 00 45817 971.50 4.438 40 7500 15000 25 00 141,050.34 TRANS NBR 331662 331663 331664 331665 331666 331667 331668 331669 331670 331671 331672 331673 331674 331675 331676 331677 331678 331679 331680 331681 331682 331683 331684 331685 331686 331687 331688 331689 331690 331691 331692 331693 331694 331695 331696 331697 331698 331699 331700 331701 331702 331703 331704 331705 331706 331707 331708 331709 331710 331711 331712 331713 331714 331715 331716 331717 331718 331719 331720 331721 DATE 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10./8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 10/8/2015 VENDOR AMOUNT BOULEVARD TIRE CENTER 559 96 DELRAY MOTORS 433.33 OVERDRIVE INC 4,816.28 BORRELLI & PARTNERS INC 3.385 70 CLEAR VILLAGE INC 3.600 00 LINDA GRAHAM 120 00 TIM ZORC 367 43 CLEAN SWEEP & VAC LLC 4.454 40 REPROGRAPHIC SOLUTIONS, INC 46 80 LOWES HOME CENTERS INC 1.431.90 LABOR READY SOUTHEAST INC 8,898.24 J & H WATERSTOP UTILITIES INC 4,450 00 STEVEN G HANSEN 90.00 BURNETT LIME CO INC 9,576 00 SOUTH WIDE INDUSTRIES INC 2.626.80 IMPECCABLE SIGNS INC 401.00 TREASURE COAST TURF INC 552 00 PENGUIN RANDOM HOUSE LLC 134.25 SEAN MAKI COMMUNICATIONS LLC 1,279 00 GLS FUND VERO LLC 438 00 STEWART & STEVENSON FDDA LLC 2,266 00 RYAN HERCO PRODUCTS CORP 414.38 CHEMTRADE CHEMICALS CORPORTATION 4,262.80 FAMILY SUPPORT REGISTRY 9 66 FAMILY SUPPORT REGISTRY 13 51 MARKETING SPECIALTIES OF GEORGIA LLC 6,393 47 FORTILINE INC 3,833 00 THE LAW OFFICES OF JENNIFER D PESHKE PA 851 00 BERNARD EGAN & COMPANY 17,619.33 STS MAINTAIN SERVICES INC 1,450 00 ANDREW D FLEISHER, ESQ 150 00 GLOBAL TRACKING COMMUNICATIONS (SERVICES) 1,727.28 MASCHMEYER CONCRETE COMPANY OF FLORIDA 14,000.58 MARIANNA HOUSING AUTHORITY 240.58 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425 00 SYLIVIA MILLER 1,397 00 HAWKINS INC 3,240.00 ANFIELD CONSULTING GROUP INC 10,000 00 MARIELA MCSOLEY 180.00 ALABAMA SPECIALTY PRODUCTS INC 206 16 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 1,989 05 CYANO HOLDINGS INC 100 00 KARYN BRYANT 15 51 GENUINE PARTS COMPANY 178.14 VERITOX INC 35,000 00 TRIBOND LLC 8,167.44 FILMTEC CORPORATION 1,450 00 DELTA MANAGEMENT ASSOCIATES INC 384 41 ENTERPRISE RECOVERY SYSTEMS INC 327.28 CATHEDRAL CORPORATION 4.)47.21 MEGAN COX 94.34 BLUELINE EQUIPMENT SALES CORP 4,850 00 BARBARA WILSON 35 00 TREE PLANTERS OF SOUTH FLORIDA INC 2,475 00 JOHNSON-DAVIS INCORPORATED 25,968.25 IDS GRAPHICS DESIGN INC 4.105 43 KATRINA KREISER 50 00 BRITTANY SIERS 50 00 KELLITIA MARSHALL 50 00 CEDAR SMITH 50 00 4 TRANS NBR DATE VENDOR 331722 10/8/2015 THOMAS E WINKEL 331723 10/8/2015 JULIE A JANZEN 331724 10/8/2015 STEARNS, CONRAD AND SCHMIDT 331725 10/8/2015 UTIL REFUNDS 331726 10/8/2015 UTIL REFUNDS 331727 10/8/2015 UTIL REFUNDS 331728 10/8/2015 UTIL REFUNDS 331729 10/8/2015 UTIL REFUNDS 331730 10/8/2015 UTIL REFUNDS 331731 10/8/2015 UTIL REFUNDS 331732 10/8/2015 UTIL REFUNDS 331733 10/8/2015 UT1L REFUNDS 331734 10/8/2015 UTIL REFUNDS 331735 10/8/2015 UTIL REFUNDS 331736 10/8/2015 UTIL REFUNDS 331737 10/8/2015 UTIL REFUNDS 331738 10/8/2015 UTIL REFUNDS 331739 10/8/2015 UTIL REFUNDS 331740 10/8/2015 UTIL REFUNDS 331741 10/8/2015 UTIL REFUNDS 331742 10/8/2015 UT1L REFUNDS 331743 10/8/2015 UTIL REFUNDS 331744 10/8/2015 UTIL REFUNDS 331745 10/8/2015 UTIL REFUNDS 331746 10/8/2015 UTIL REFUNDS 331747 10/8/2015 UTIL REFUNDS 331748 10/8/2015 UTIL REFUNDS 331749 10/8/2015 UTIL REFUNDS 331750 10/8/2015 UTIL REFUNDS 331751 10/8/2015 UTIL REFUNDS 331752 10/8/2015 UTIL REFUNDS 331753 10/8/2015 UTIL REFUNDS 331754 10/8/2015 UTIL REFUNDS 331755 10/8/2015 UTIL REFUNDS 331756 10/8/2015 UTIL REFUNDS 331757 10/8/2015 UTIL REFUNDS 331758 10/8/2015 UTIL REFUNDS 331759 10/8/2015 UTIL REFUNDS ' 331760 10/8/2015 UTIL REFUNDS 331761 10/8/2015 UTIL REFUNDS 331762 10/8/2015 UTIL REFUNDS 331763 10/8/2015 UTIL REFUNDS 331764 10/8/2015 UTIL REFUNDS 331765 10/8/2015 UTIL REFUNDS 331766 10/8/2015 UTIL REFUNDS 331767 10/8/2015 UTIL REFUNDS 331768 10/8/2015 UTIL REFUNDS Grand Total: AMOUNT 10.000 00 3.178 00 412.50 42 19 91 89 59.17 482.69 19 45 6247 82 44 4 76 35.77 9.10 90 95 87.49 42.46 28 07 93.44 71 68 92.04 26.97 8811 62.18 41.10 55.91 13.01 40 62 23.27 11 99 82.78, 21.23 951 83 85 4.26 4.26 41.61 50 00 58 12 81.23 9 90 12 78 89.53 24 65 100.00 38 64 29 65 33.26 2,974,122.65 5 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1007529 10/6/2015 AT&T 57.29 1007530 10/6/2015 EVERGLADES FARM EQUIPMENT CO INC 8.202.08 1007531 10/6/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 89.23 1007532 10/6/2015 COMMUNICATIONS INTERNATIONAL 1.539.85 1007533 10/6/2015 COPYCO INC 73 70 1007534 10/6/2015 SAFETY PRODUCTS INC 478.53 1007535 10/6/2015 COLD AIR DISTRIBUTORS WAREHOUSE 257.66 1007536 10/6/2015 INDIAN RIVER BATTERY 326.45 1007537 10/6/2015 INDIAN RIVER OXYGEN INC 62.50 1007538 10/6/2015 DEMCO INC 442.67 1007539 10/6/2015 RELIABLE SEPTIC AND SERVICE 575 00 1007540 10/6/2015 WORLD INDUSTRIAL EQUIPMENT INC 1,515.00 1007541 10/6/2015 GROVE WELDERS INC 224 70 1007542 10/6/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 476 71 1007543 10/6/2015 SOUTHERN COMPUTER WAREHOUSE 966 81 1007544 10/6/2015 CENGAGE LEARNING CORPORATION 46.88 1007545 10/6/2015 DEERE & COMPANY 311.07 1007546 10/6/2015 COMMUNITY ASPHALT CORP 458.28 1007547 10/6/2015 COMMERCIAL ENERGY SPECIALISTS 343 85 1007548 10/6/2015 RECHTIEN INTERNATIONAL TRUCKS 32 42 1007549 10/6/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 146 62 1007550 10/6/2015 COPYTRONICS INC 613.20 1007551 10/6/2015 CAPITAL OFFICE PRODUCTS 903.25 1007552 10/6/2015 BENNETT AUTO SUPPLY INC 67.20 1007553 10/6/2015 IMAGENET CONSULTING LLC 459 00 Grand Total: 18,669.95 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUN 3865 10/2/2015 C E R SIGNATURE CLEANING 16,860 00 3866 10/2/2015 INDIAN RIVER COUNTY SHERIFF 400.000 00 3867 10/2/2015 ALLSTATE 41.8.50 3868 10/2/2015 AMERICAN FAMILY LIFE ASSURANCE CO 15,995 16 3869 10/2/2015 MUTUAL OF OMAHA 6,787 85 3870 10/2/2015 INDIAN RIVER COUNTY PROPERTY APPRAISER 253,434.76 PCARD 10/8/2015 WELLS FARGO BANK 30.184 74 Grand Total: 723,681.01 33 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: October 13, 2015 Board of County Commissioners Joseph A. Baird, County Administrator Jason E. Brown, Budget Director Jennifer Hyde, Purchasing Manag Declare Excess Equipment Surplus for Trade -Up Program BACKGROUND: Animal Control plans to purchase two TASER units from TASER International, Inc. as replacements for two units that no longer fire consistently. Although the vendor does not want the old units returned, they are offering a $180 per unit credit if we destroy them prior to placing our order. These units are the last two of the obsolete line that require replacement/upgrade. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare units X00-290961 and X00- 387171 surplus, and authorize the Animal Control Division to destroy them for a total $360 discount on the purchase of the two new TASERS. ATTACHMENTS: TASER International Quote Disposal of Excess Property Form APPROVED AGENDA ITEM: oseph Al. Baird, County Administrator or: 0cka'V( 2OtLOIS C:\Users\jogilvie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ALCKM9ND\AnimalControlTaser - 101315.docx Indian River Co App • . Da Admin • /0 /i+ S Legal ;, !. i Budgetr r Department 1�.� t i. i -a Capital Assets ,p` f 34 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY TO: DATE: SUBJECT: Disposal/Transfer of Excess Property FROM: Raeanne Cone, Finance Department Check One: Surplus X Transfer Trade -1n X Non -Capital Missing/Stolen Asset Number: a 354 7 4 On Department: Animal Control Fleet Number: N/A Serial Number: taser x00-290961 and taser x00-387171 Description: Obsolete taser units Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes No If yes. please attach a copy of the police report. If no. state reason: Is the item functional/WORK/NG CONDITION and could be used by another department? Yes No X If not in working condition, description of problems with item: Both units no longer fire consistently If transfer. department transferred to: N/A Contact Person: Jason Ogilvie Physical Location of asset: Animal Control Telephone Number: 226-3487 (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be replaced, please answer the following: Purchase Order Number for Replacement: Pending Approval Approval Approval Date Replacement Received Pending Captial Asset Cu dian Supervf,�or Direc If asset transfer, approval of department receiving asset : Approval Director Additional Comments: Date /0 / Date ia1 IS Date Date To be completed by Budget Dep. ent: Approved for: Surplus Transfer Budget Director Replacement Date (al t►'�j IT IS THE DISPOSING DEP. ' NT'S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP. DO NOT REMOVE ' ' • ERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL. This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for disposal/transfer of property now obsolete. Revised: August 2015 35 TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax. Jason Ogilvie (772) 226-3485 jogilvie@ircgov.com Bill To: Indian River County Animal Control -FL 4305 43rd Ave. #IO2 Vero Beach, FL 32967 US mr",9 Fl Quotation Quote: Q-37804-2 Date: 9/30/2015 8.59 AM Quote Expiration: 10/30/2015 Contract Start Date*: 9/30/2015 Contract Term: 1 year Ship To: Jason Ogilvie Indian River County Animal Control -FL 4305 43rd Ave. #102 Vero Beach, FL 32967 US SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Sam Phillips NET TOTAL sphillips@taser.com taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. This quote contains a discount for the trade -up program, and is intended to cover the purchase of additional accessories and cartridges related to the purchase of a new CEW The discount is applied to the handle, holster, and battery or the first year TASER Assurance Plan paymcnt. The Certificate of Destruction must be completed and submitted with your signed quote/purchase order to obtain the trade -up credit. Hardware QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 2 11002 HANDLE. BLACK. CLASS I11, X26P USD 899 95 USD 1,799 90 - USD 144.50 USD 1.655 40 2 11501 HOLSTER. BLACKHAWK. RIGHT. X26P USD 53.25 USD 106.50 USD 106.50 USD 0.00 2 11010 XPPM, BATTERY PACK, X26P USD 63.50 USD 127.00 USD 109.00 USD 18.00 15 34200 Cartridge - 15' USD 22.20 USD 333.00 USD 0.00 USD 333.00 Hardware Total Before Discounts: Hardware Net Amount Due: USD 2,366.40 USD 2,006.40 Extended Warranties QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 2 11004 WARRANTY 4 YEAR, X26P USD 277 95 USD 555.90 USD 0.00 USD 555.90 Extended Warranties Total Before Discounts: Extended Warranties Net Amount Due: USD 555.90 USD 555.90 Page 1 of 2 36 Subtotal Estimated Shipping & Handling Cost Grand Total TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers USD 2,562.30 USD 28.09 USD 2,590.39 By signing this Quote, you arc entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Tcrms and Conditions for Dircct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Dircct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP). then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FICXTM and AXON BodyTM Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions arc posted at jtttp://www.taser.corn/sales-terms-and-conditions. If your purchasc includes AXON hardware and/or EVIDENCE.com services you arc also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at https://www.taser.com/serviceagreementl4 If your purchase includes Professional Services, you arc also agreeing to the terms in the Professional Service Agreement posted at https://www.taser.com/professional-services-agreement. If your purchase includes Integration Services, you are also agreeing to the terms in the SOW postcd at https://www.taser.com/integrationstatementofwork14 You represent that you arc lawfully able to enter into contracts and if you arc entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Please sign and email to Sam Phillips at sphillips@taser.com or fax to THANK YOU FOR YOUR BUSINESS! 'Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. t'o 2013 TASER International. Inc. All rights reserved. Page 2 of 2 37 TASER Certificate of Destruction Agency Name: Quote/PO Number: Product/ Quantity to be destroyed: M26: X26: Other: Customer certifies that all products for which Customer receives a trade -up discount will be removed from service to be destroyed and rendered permanently nonfunctional. Destruction of units should be performed according to Customer's policy Products traded - in may not be resold or redistributed. TASER is not responsible for Product warranty or liability related to traded -in products, reserves the right to invoice Customer for the discounted amount for any device not destroyed, and reserves the right to require verification that destruction has been performed. Form completed by: Signature (Digital is acceptable or scan) Printed name, title Date Return the signed form to your sales representative along with your purchase order/quote. Protect Life' and the 'Bolt within Circle' logo are trademarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc., registered in the U.S. All rights reserved. Copyright 2014, TASER International, Inc. 38 Page 1 of 1 INDIAN RIVER iCOUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Richard B. Szpyrka P.E., Assistant Public Works Director1C:& Change Order No. 1 and Release of Retainage 45th Street Canal Enclosure (43rd Avenue — Family Dollar Entrance) IRC Project No. 1427 DATE: October 7, 2015 Ee} DESCRIPTION AND CONDITIONS On June 16, 2015, the Board of County Commissioners awarded Bid No. 2015011 in the amount of $160,035.00 to Johnson -Davis, Inc. for the canal enclosure of the Indian River Farms Water Control District Sub -Lateral "H-3" Canal along 45th Street east of 43rd Avenue. These improvements extend from 43rd Avenue to east of the future Family Dollar Store entrance. On January 20, 2015, the Board of County Commissioneiexecuted a Developers Agreement between Indian River County and Hutton Growth One, LLC. providing $30,000.00 to Indian River County to assist in the funding of the project. The construction of the project is complete and Change Order No. 1 is to make final adjustments to contract bid items to decrease the total contract price by $6,068.46 for a final cost of $153,966.54. Johnson -Davis, Inc. has been paid $146,268.21 to date, with $7,698.33 held in retainage. Johnson -Davis, Inc. has submitted Contractor's Application for Payment No. 3F for release of retainage in the amount of $7,698.33. FUNDING Funding is budgeted and available from Secondary Roads/45th Street Canal Enclosure — Retainage Account No. 109-206000-14015. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Johnson -Davis, Inc. Contractor's Application for Payment No. 3F for release of retainage in the amount of $7,698.33. ATTACHMENTS Johnson -Davis, Inc. Contractor's Pay App No. 3F Change Order No. 1 Schedule of Items to be Added and Deleted APPROVED AGENDA ITEM FOR: October 20, 2015 Indian River County Approved Date Administration P' '1 /0��✓l �5 Budget �to, l01►315 Legal t/'J . (&'.-(Z- - %) Public Works _ / 0( ?//s Engineering A °/ 311 F\Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd Ave\Admin\agenda items\BCC Agenda Memo CO 1 and Release Retainage 10-20-2015.doc 39 SECTION 21158-00622 - Contracto'r's Application for Payment No 3F 45TH STREET CANAL ENCLOSURE AT 43RD AVENUE Application for Payment No. 3F For Work Accomplished through the period of 10/01/2015 through 10/01/2015 . To. Indian River County (OWNER) From: JOHNSON-DAVIS, INC. (CONTRACTOR) Bid No.: 2015011 Project No.. 1427 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or -): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement). $160,035.00 $-6,068.46 $153,966.54 $153,966.54 79% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date Tess retainage (4 minus 5): $146,268.21 7. Less previous Application for Payments: $146,268.21 8. DUE THIS APPLICATION (6 MINUS 7): - $7,698.33 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance), (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Page 2 of 5 21158-00622 - Contractor's Application for Payment No 3F 00622 - 1 H:IEXCELICURRENT JOBS - 200'S121158-00622 - Contractor's Application for Payment No 3F.docx Rev. 05/01 40 2. Updated Construction Schedule per Specification Sectio Dated oc-% 36 STATE OF FLORIDA COUNTY OF INDIAN RIVER By: 1310, and (CONTRACTOR – must signed by an Officer of the Corporation) Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , who being by me first duly sworn upon oath, says that he/she is the VV/cc 0 n - of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein,re true, correct, and complete. Subscribed and sworn to before me this ' day of ,20/i . ;,/,<'-'-;-"tCp rt is _personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: 2o,►R;.°uez. LARISADITU PRICEY •MY COMMISSION I FF 056341 EXPIRES: January 22, 2018 BondedThru&;dgelNotary Services Commission No.: - c 34-/ Commission Expiration: [The remainder of this page was left blank intentionally] 21158-00622 - Contractor's Application for Payment No 3F 00622 - 2 H:\EXCEL\CURRENT JOBS - 200'S\21158-00622 - Contractors Application for Payment No 3F.docx Rev. 05/01 41 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Page 3 of 5 Boston, MA 02116 ,a corporation, in accordance with Public Construction Bond Number 016059205 , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Sce-Feta+y Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER LIBERTY MUTUAL INSURANCE COMPANY Corporate Surety 175 Berkeley Street Boston, MA 02116 Business Address BY: Print Name: Maria Sign Title: Attomey-in-Fact (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Maria Signorile , to me well known or who produced Well Known as identification, who being by me first duly sworn upon oath, says that he/she is the Attorney -in -Fact for and that he/she has been authorized by the surety it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 30th day of September , 2015 Notary Public, State of Georgia My Commission Expires: March 19, 2018 [The remainder of this page was left blank intentionally] 21158-00622 - Contractor's Application for Payment No 3F 00622 - 3 H:\EXCEL\CURR£NT JOBS - 200'S'.21158-00622 - Contractor's Application for Payment No 3F.docx Rev 05!01 42 ti; 41 3 2 7 6 71 > _v N D O D �y a` Ty 5c 312 3e ac > 41 THIS rOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6994771 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Beth Marian Kitchens -Harmon; James F. Dunn; Maria Signorile; Wesley P. Williams all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attomey-in-tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this . 26th day of May 2015 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company By: eyv` Y6 David M. Carey(Assistant Secretary On this 26th day of May 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Assodation of Notaries By: (/ Z gelid's() Teresa Pastella, Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all uhdertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this- D day of Pr L -311)-e. 201 S� By Gregory W Davenport, Assistant Secretary 76 of 300 43 LMS_12873_122013 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT El CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ Conforms with the American Institute of OTHER Architects, AIA Document G707 Bond No 016059205 PROJECT: • (name, address)Canal Enclosure 45th Street at 43rd Avenue TO (Owner) F INDIAN RIVER COUNTY 1800 27th Street Vero Beach CONTRACTOR: JOHNSON-DAVIS, INC Vero Beach FL 7 ARCHITECTS PROJECT NO: CONTRACT FOR: 45th St. Canal Enclosure at 43rd Avenue Bid No. 2015011, Project 1427 FL 32960 _J CONTRACT DATE: June 16, 2015 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston MA 02116 , SURETY COMPANY on bond of (here insert name and address of Contractor) JOHNSON-DAVIS, INC. 604 Hillbrath Drive Lantana FL 33462 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) INDIAN RIVER COUNTY 1800 27th Street Vero Beach FL 32960 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 30th day of September, 2015 Attest: (Seal): LIBERTY MUTUAL INSURANCE COMPANY Surety Company /A(- &%) Sigf atu f A prized R presentative Jacqueline Jordan Hampton Title Attorney -in -Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE 44 - .THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED -BACKGROUND. This Nike/ of Atiorney limits the acts of those named herein, and they have no authority to:hind the Company except in the manner and to the extent herein stated. Certificate No. 7034387 N d r -c )ca D e - ea ii d 0N O CO » s 0 n4- )- 0 5- co 3u •. 0 1. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty. organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Camille M. Cruz;:Claudette Alexander. Hunt; Jaci}ueline.Jordan Hampton . _ : - _ _ -all of the city of. -Miami . i. . - state -of-- FL . . : each individually if there be more.than one named, its true. and lawful attorney-in-fact to rneke,.execute, seal, acknowledge and deliver, for and on its behalf as surety acid as its actand:deed, ani -end all undertakings, bonds; recognizances and other -surety obligations`, in pursuance of these presents and shall ,be as binding upon the Companies as if they have been duly signed by the president and attested by.the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey.hasbeen subscnbed.by an: authorized officer or.efficial of the Companies and the corporate seals of the Companies have been affixed .thereto this 24th - day of June . _ . 2015 : - .: _ - _ - - - J1.- Ptt4S tift4 00O4ty STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: - _ American Fire and Casualty -Company- - The Ohio Casualty.lnsurance Company - Liberty Mutual Insurance Company - West nierican Insurance Company �rti David M. Care , Assistant Secretary On this lath day of June 2015before me personally appeared David M. Carey, who acknowledged himself to bethe Assistant Secretary of American Fire and • Casualty Company,. Liberty Mutual Insurance Company, The Ohio CasuattyInsurance Company, and West American Insurance Company; and that he, as such, being authorized so to do, :execute the foregoing instrument for. the purposes therein contained by signing on behalf of the corporationshimselfduly auofficer. by as a thorized o - - 'IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and"year first above written. COMMONWEALTH -OF PENNSYLVANIA - Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County' My Commission Expires Manu 28, 2017 • Member, Pennsylvania Assodation of Notaries r. • This Power ofAttomey is made and executed pursuant to a�by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance_ Company, Liberty Mutual Insurance Company, and West American Insurance Company which.resolutions are now in full force and effect reading as follows: ARTICLE N- OFFICERS -:,_Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by. the. Chairman or the President, and subject to such limitation as the'Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be.necessary to act in behalf of the Corporation to make,. execute; seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney; shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. Wien so executed, such instruments shall bees binding as if signed by the President and attested to by.the Secretary. Any power or authority granted to any representative or attome_y-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -.Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer.of the Company authorized for that purpose in writing by the chairman or -the president; =and subject to such_ limitations as the chairman or the. president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations: Such attomeys-in-fact subject to the limitations set forth in their respective. powers of attorney, shall have full power to bind the Company by their signature and executiori of any such instruments and to attach_ thereto the a `seal of the Company. When so executed such instruments"shall b :as:binding as if signed by-the:president and attested by.the secretary. _ /IA jAioi.)al Ltd& - Teresa Pastella, Notary Public. Certificate of Designation - The President of the Company; acting pursuant to the Bylaws of.the•Company,-authorizes David M."Carey; Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf. of the Company -to make, execute, seal, acknowledge and _deliver=as surety -any and all undertakings, bonds,-recognizences and other surety obligations. -r. - - - : = Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the -Company, wherever appearing upon a certfied'copy of any power Of "attorney Company in connection with surety s, shall be va bonds, lid acid binding upon the Company with the same force and effect as though,manualiy affixed.` - - I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American"Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West- American Insurance Company do hereby"certify that the original power. of ettorney:oi_:which the foregoing is a full; true end:..rrect copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been•revoked. ; • = ' " h_�' _ - - _ /, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this , �/ - day of - 2--fZ`-, 20 / J By: -�- - -`- - Gregory W. Davenport, Assistant -Secretary -1a�otSoo 1 4$ LMS 12873 122013 SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME. 45th Street Canal Enclosure at 43`d Avenue IRC PROJECT NO: 1427 STATE OF COUNTY OF (-)1-7:—'7 ,5:x4 -co - Personalty before me the undersigned officer, authorized by the laws of said state to administer oaths, comes 7'",46)(2x:1;?..:- ,i-• (2'•) , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, apolitical subdivision of said state, did on the / day of.a,-� ,20//i , enter into a contract for the performance of certain work,rr(ore particularly described as follows. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT. ,v/.4— Name v,_ _ Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4 All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632-1 F \Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure a1 43rd AveAdmin\bid documentsWlaster Contract Documents\OO632 - Contractor's Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Contractor) By J (Corporate Seal) Subscribed and swom to before me this c / day of l Notary Public State of Florida -at LargeMy Commission expires: 1;,. 12 70/ c.: rFOF r . + + END OF SECTION + + ,o 4.72/2., .r—,.-- , 20 /j LARISA DIM PELKEY * * MY COMMISSION # FF 056341 EXPIRES: January 22, 2018 gold Thai audgef Notary Services 00632-2 F\Pubfic Works\ENGINEERING DIVISION PROJECTS11427 i5tfi St Canal Enclosure at 43rd Aye \Admin\bid documents\Master Contract Documents100632 - Contractor's Final Certification REV 04-07.doc 47 48. PAY APPLICATION IRC PROJECT NO 1427 45TH ST CANAL ENCLOSURE �4I F WUEk WeM1.IEIIQINEENING DIVISION PAWEDIS11.x345111131 Casa Enclosure Y13NAMMNNACat.dal. Pry ACCenINn1Pry MO.c.Ilen No 3 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED Y. MATERIALS BALANCE TO FINISH Nim No:_:.,„„IDiialptlinr, ,,4112r0:i 1:'!a,`W.;, SV.0'1,3 411^:rC.11'UnR::.'''•,`;Owiltlly`: ,+UnMAtp:.: ii.ftr'naunt C.+ri4c.,I i ii,Unti .:l ^.Miol;41I-Jil I1aU. TR.Y.?; il7i�e Mleurllt':-T-4 i'.4l4"1.3intij.i:'Jt5 fAmwnt•7•+•: 4' 1*".•",1,:: 1TOREDI8.: 1;:'+3WIWTITY1', .-l.Amoillll'"=.,ti 101-1 MOBILIZATION 1 LS 6,400.00 6,400.001 8,400.00 0.00 1.00 6,400.00 100% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC 1 LS 3,500.00 3,500.00 1 3,500.00 0.00 1.00 3,500.00 100% 0.00 0.00 0.00 104-1 EROSION & WATER POLLUTION CONTROL 1 LS 3,000.00 3,000.00 t 3,000.00 0.00 1.00 3,000.00 100% 0.00 0.00 0.00 108-1 AS -BUILT DRAWINGS/RECORD DRAWINGS 1 LS 2,000.00 2,000.00 1 2,000.00 0.00 1.00 2,000.00 100% 0.00 0.00 0.00 108-2 SURVEY CONTROL (INSTALURE-ESTABLISH) 1 LS 2,000.00 2,000.00 t 2,000.00 0.00 1.00 2,000.00 100% 0.00 0.00 0.00 108-3 N.P.D.E.S. PERMITING 1 LS 500.00 500.00 t 500.00 0.00 1.00 500.00 100% 0.00 0.00 0.00 110-1-1 CLEARING & GRUBBING 1 LS 7,500.00 7 500.00 t 7,500.00 0.00 1.00 7,500.00 100% 0.00 0.00 0.00 120-1 EXCAVATION REGULAR 300 CY 10.00 3,000.00 300 3,000.00 0.00 300.00 3,000,00 100% 0.00 0.00 0.00 120-8 EMBANKMENT (COMPACTED IN PLACE) 1,150 CY 15.00 17,250.00 1,550 17,250.00 0.00 1,150.00 17,250.00 100% 0.00 0.00 0.00 425-1-551 INLET STRUCTURE (TYPE E) (<10') 1 EA 6,000.00 8.000.00 i 6,000.00 0.00 1.00 6,000.00 100% 0.00 0.00 0.00 425-1-581 INLET STRUCTURE (TYPE H) (<10') (3 -GRATE) 2 EA 6,500.00 13,000.00 2 13,000.00 0.00 2.00 13,000.00 100% 0.00 0.00 0.00 430-175-115 PIPE CULVERT (15") CMP 10 LF 80.00 800.00 to 800.00 0.00 10.00 800.00 100% 0.00 0.00 0.00 430-175-154 PIPE CULVERT (54") RCP 284 LF 200.00 52,800.00 204 52,800.00 0.00 264.00 52,800.00 100% 0.00 0.00 0.00 440-1-20 UNDERDRAIN (12" PERFORATED) ADS 162 LF 40.00 6,480.00 lex 6,480.00 0.00 162.00 8,480.00 100% 0.00 0.00 0.00 440-70 UNDERDRAIN INSPECTION BOX 1 EA 2,500.00 2,500.00 t 2,500.00 0.00 1.00 2,500.00 100% 0.00 0.00 0.00 440-73-2 UNDERDRAIN OUTLET PIPE (12" NON -PERFORATED) W/ 90 DEGREE ELBOW 8 LF 40.00 320.00 a 320.00 0.00 8.00 320.00 100% 0.00 0.00 0.00 522-1 CONCRETE SIDEWALK (6" THICK) 22 SY 60.00 1,320.00 0 0.00 0.00 0.00 0.00 0% 0.00 22.00 1,320.00 530-1 SAND CEMENT ENDWALL 10 CY 850.00 6,500.00 12 7,800.00 0.00 12.00 7,800.00 120% 0.00 -2.00 -1,300.00 570-1-2 PERFORMANCE TURF -SOD (BAHIA) (INCLUDES: TOP SOIL, FERTILIZER, AND WATERING) 833 SY 5.00 4,165.00 au 4,165.00 0.00 833.00 4,165.00 100% 0.00 0.00 0.00 ti SUBTOTAL �:. ,., �. , ...M ., �,.w�, ..._ �. _. ,.�•. c __ ...� 1 -._ _..s 139,035 00 ��v _.� 139,015.00 0.000.00 Z < . 139,015.00 0.00 0.00 20.00 801 TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SECTION 00454) 1 LS 8,000.00 8,000.001 6,000.00 0.00 1.00 6,000.00 100% 0.00 0.00 0!00 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE SECTION 00454) 1 LS 5,000.00 5,000.001 5 000.00 0.00 1.00 5,000.00 100% 0.00 0.00 0.00 803 PUBLIC CONSTRUCTION BOND 1 LS 5,000.00 5,000.00 t 5,000.00 0.00 1.00 5,000.00 100% 0.00 0.00 0.00 FORCE ACCOUNT 1 LS 5,000.00 804846 D 0.00 0.00 0.00 0.00 0% 0.00 1.00 6,048.48 SUBTOTAL 22,048.48 18,000.00 0.00 0.00 18,000.00 #DIV/01 0.00 0.00 6,048.46 WCDI INLET STRUCTURE TYPE "E" (<10') 1 EA -6,000.00-6,000.00 t -8,000.00 0.00 1.00 -8,000.00 100% 0.00 0.00 0.00 �4I F WUEk WeM1.IEIIQINEENING DIVISION PAWEDIS11.x345111131 Casa Enclosure Y13NAMMNNACat.dal. Pry ACCenINn1Pry MO.c.Ilen No 3 PAY APPLICATION IRC PROJECT NO 1427 40TH ST CANAL ENCLOSURE Ln F.1P"elk We,W1ENOINEERINQ DNISIQN PRQIECT611,T74ftl151 C5M &d . M ON AvMA05151 M,Nfnh P v Aas11o11e,W.v bolicooton No 3 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS TO FINISH Ibm Nott,v?4 Dp-oApll9'nl..'Iu6.-.4,1ta�J?iN.I.h:.i..0-L:rrKuIi'fl...41 . 7: ?,•f6' Untlf;�,FiOwR.uty,MrS'Un)IP'rle9 ei iH?alAnwuM),IS14?. SfLnNC3 iitr:Pk41/nt:4..! eiouANYA Rax":Ainouin?%:: 1 r.,419 M$w I,.Tr:Aina1iml:y,w pi:7_.,41,.- fl,:.e:J/TOIi0D m -..BALANCE h!;wLWTRYi:a;l #« :UAniouN , .. WCD1 INLET STRUCTURE TYPE "H" (<10') (3 -GRATE) 1 EA -8,500.00 -6,500.00 t -8,500.00 0.00 1.00 -6,500.00 100% 0.00 0.00 0.00 WCD1 PIPE CULVERT (15") CMP 10 LF -80.00 -800.00 10 -800.00 0.00 10.00 -800.00 100% 0.00 0.00 0.00 WCD1 INLET STRUCTURE TYPE "H" (<10') (5 -GRATE) 1 EA 12,251.54 12,251.54 t 12 251.54 0.00 1.00 12,251.54 100% 0.00 0.00 0.00 SUBTOTAL -1,048.46 -1,048.46 0.00 0.00 -1,048 46 #DIV/01 0.00 0.00 0.0 0 ._. .r... .--, _ — _ se+" -"-._-..-'-_,._V_.. _ .....�. .................--„----,--- - ..,-...:...-- 45TH 45TH STREET CANAL ENCLOSURE TOTAL TOTAL 160,035.00 153,966.54 TOTAL 0.00 TOTAL 153,966.54 0.00 TOTAL 6,068.46 AMOUNT COMPLETED TO DATE 5153,966.54 MATERIALS STORED TO DATE 50.00 SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE 5153,966.54 RETAINAGE OF WORK COMPLETED AT 5% 0.00 TOTAL COMPLETED AND STORED LESS RETAINAGE 157,966.54 LESS PREVIOUS PAYMENT 5146,26631 AMOUNT DUE CONTRACTOR 57,690.23 Ln F.1P"elk We,W1ENOINEERINQ DNISIQN PRQIECT611,T74ftl151 C5M &d . M ON AvMA05151 M,Nfnh P v Aas11o11e,W.v bolicooton No 3 SECTION 00942 -;Change Order Form No. 1 DATE OF ISSUANCE: 10/20/2015 EFFECTIVE DATE:10/20/2015 OWNER: Indian River Countv CONTRACTOR Johnson -Davis, Inc. Project: 45th Street Canal Enclosure at 43ro Avenue OWNER's Project No. 1427 OWNER'S Bid No. 2015011 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Schedule of Items to be Added and Deleted CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $160.036.00 (dates and days) Net (decrease) of this Change Order: ($6.068.46) 75 days Contract Price with all approved Change Orders: • $153.968.54 CONTRACTOR (Si ature) Date: 24 A CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (dates and days) Substantial Completion: 10/16/2015 75 days Final Completion: 10/31/2015 90 dans Net (decrease) this Change Order. (days) Substantial Completion: (38 days) Final Completion: (38 days) Contract Time with all approved Change Orders: (dates) Substantial Completion: 09/09/2015 Final Completion: 09/24/2015 RECOMMENDED: By: ENGINEER (SIgna) Date: P/(31/ S� APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 1 10-20.2016 00942 -1 F:IPublc WorlalENDtNEERINO DIVISION PROJECTS11427-4501 6l Canal Enclosure at 43rd Av&.Adniolagenda dems100942 - Chrome Order No. 1 1O.20-2015.doc Rev. 05/01 51 45th Street Canal Enclosure at 43rd Avenue Change Order No. 1 Schedule of Items to be Added and Deleted Ilam Na. !Description of Change Unit ' Ouantityl Unit Price 1 Price Increase I Price Decrease 522-1 Concrete Sidewalk (8' TWO SY 22 80.00 1.320.00 630-1 Send Cement Enthrall CY _2 660.00 1300.00 WCD91 tntet Structure Type°E" (<10') EA 1 8.000.00 8.000.00 WCOi 1 Inlet Slruslure Type °N" (<19113•Grete) LS 1 6,500.00 6.500.00 VJco61 • Pope Culvert (151 CMP LF 10 80.00 800.00 WCD41 inlet Structure Type'}r (<10') (5 -Grate) LS t 12.261.64 12.261.64 FORCE ACCOUNT 6,000.00 Subtotals 13,581.84 19,620.00 TOTAL CHANGE ORDER #1 ($6,068.46) C; Usaslhd6ams10ssttop1Copy of Change Order Form No 1 4501 &mei Canal Endow's s143rd Ars (002) Pegs 1 52 SECTION 00948 - Work Change Directive No. 01 DATE OF ISSUANCE: 07/28/15 EFFECTIVE DATE, 07/28/15 OWNER: jndian River County CONTRACTOR: Johnson -Davis Inc. Project: 45th Street Canal Enclosure at 43rd Avenue OWNER's Project No. 1427 OWNER's Bid No. 2015011 You are directed to proceed promptly with the following changes: Description: Eliminate one Type "E" DBI and increase the size of one Type "H" 3 -grate inlet to a Type "H" 5 - grate inlet to accommodate the existing 24 -inch CMP into the inlet. Purpose of Work Change Directive: Authorize the work stated above and as described in the letter from Johnson -Davis, Inc., dated July 24, 2015 to eliminate possible conflicts with utilities in the area. Attachments: (List documents supporting change) Itemized Bid Schedule of Changes, Johnson Davis Inc., letter dated July 24, 2015, Johnson -Davis Cost Breakdown of Work, Cost from American Concrete Industries for Structures. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices Contract Times X Unit Prices ❑ Lump Sum Q Other: Q By Change Order: ❑ Contractor's Records El Engineer's Records II Other: ❑ By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ ($1,048,461 Substantial Completion: 0 days; Ready for Final Completion: 0 days If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. AC By: PTED: ti RECOMMENDED: By: APPROVED: I By: fI Ai/ CONT Date: CTO .7/l; ( gnature) / i ENGINE (Signatu e) Date: 7/281 /,- OWN Date: (Signature)( 7 /2-7 / (,j/ **END OF SECTION** F:1Public WorksIENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd AvelDesign\Work Change Directivesl#1 - Add Type H in1et11427 - 45th St. Plpe Enclosure - Work Change Directive #1 072815.doc 1427 - 45th Street Canal Enclosure Work Change Directive No. 1 07/28/15 Description of Itemized Bid Schedule Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease 425-1-551 Inlet Structure Type "E" (<10) 1 EA -$6,000.00 46,000.00 425-1-581 Inlet Structure Type °H" (<10') (3 -Grate) 1 EA 46,500.00 46,500.00 430-175-115 Pipe Culvert (15') CMP 10 LF 480.00 4800.00 425-1-581-1 • Inlet Structure Type "H" (<10') (5 -Grate) 1 EA $12,251.54 $12,251.54 Subtotal $12,251.54 ($13,300.00) Total Work Change Directive No. 1 ($1,048.46) 54 JOHNSSC. ON-DAVIS IN pnesaoima 604 HILLBRATH DRIVE LANTANA, FL 33462-1694 PHONE: 561-588-1170 FAX: 561-585-5252 CU -C043087 July 24, 2015 Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 Attn: Richard Szpyrka, P.E. Subject: Proposed Drainage Modifications 45th Street Canal Enclosure As discussed at the Pre -Construction meeting on July 16, 2015, Johnson -Davis (JD) requests to eliminate (1) DBI Type "E" (154+12.36 RT) and (1) DBI Type "H" 3 -Grate (154+35.5 RT) and replace with (1) DBI Type "H" Modified 5 -Grate at Sta. 154+35.5 Rt. This structure will incorporate the existing 24" CMP outlet from the existing DBI Type "C" that currently discharges into the canal, and the existing 36" RCP coming from the west side of 43`d Ave. As requested, JD will provide an oversized opening for a future 54" RCP and will seal the void with brick and mortar. As part of this proposal, JD will do what is necessary to remove and reset the existing 36" pipe that has settled before installing the "Type "H" box. The aforementioned change will eliminate (1) DBI Type "E" at a contract unit price of $6,000 and (1) DBI Type "H" 3 -Grate at a contract unit price of $6500 for a total cost savings to the County of $12,500. The unit cost addition for the proposed Modified DBI Type "H" 5 -grate will be $12,250. This change will also eliminate the need for 10 LF of 15" CMP at a contract unit price of $80/LF for a total savings to the County of $800. This change will also potentially eliminate or reduce the need to replace 22 SY of 6" concrete sidewalk at a contract unit price of $60/SY for a potential savings to the County of $1,320. Please acknowledge if this modification is acceptable. Sincerely, Dennis A. Wheelin Project Manager Ahlt • OW.c1r�+ reaiucceeon • • Maln office: 604 Hillbrath Drive- Lantana, FL 33462 • Phone: 561-588-1171 • Fax: 561-585-5252 Ft. Pierce Office: 863 S. Kings Hwy- Ft. Pierce, FL 34945 •Phone: 772-468-9200 • Fax: 772.468-9202 55 JOHNSON-DAVIS INC. 604 HILLBRATH DRIVE LANTANA, FL 33462 0 - (561) 588-1170 F - (561) 585-5252 MATERIALS Precast Type "H" Structure Modified Brick Cement Bedding Stone QTY UNIT UNIT PRICE TOTAL 1 EA $ 4,250.00 $ 4,250.00 600 EA $ 0.40 $ 240.00 20 BAGS $ 10.50 $ 210.00 6 TNS $ 40.00 $ 240.00 $ 4,940.00 TAX 6% $ 296.40 TOTAL $ 5,236.40 CREW COST (inc. ovhd, equip) Install/Backfill 10 HR $ 456.00 $ 4,560.00 DEWATERING Operate System 1.5 DAY $ 450.00 $ 675.00 Sub Total $ 10,471.40 Markup (15% + 2%Bond) $ 1,780.14 TOTAL $ 12,251.54 56 AMERICAN CONCRETE INdUSTRIES, INC. 350 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945 772-464-1187 • FAX (772) 595-9050 DATE: JULY 17, 2015 PROJECT: 45TH STREET CANAL CLOSURE AT 43RD AVENUE TO: JOHNSON-DAVIS, INC. LOCATION: INDIAN RIVER COUNTY 604 HILLBRATH DRIVE ENGINEER: INDIAN RIVER COUNTY LANTANA, FLORIDA 33462 QUOTE #: 2015-0329 ATTENTION: MR. DENNIS WHEELIN PLAN DATE: 9-19-14, LAST REV. 5-4-15 WE PROPOSE TO SUPPLY THE FOLLOWING MATERIALS: QUANTITY DESCRIPTION UNIT PRICE EXTENSION 1 INLET STRUCTURE, TYPE "H" <10' (3 -GRATE) 2850.00 2850.00 W/U.S. FOUNDRY #6305 GRATE SET EYE BOLT & CHAIN 1 INLET STRUCTURE, TYPE "H" <10' (5 -GRATE) 4250.00 4250.00 W/U.S. FOUNDRY #6301 GRATES EYE BOLT & CHAIN 1. UNDERDRAIN INSPECTION BOX 960.00 960.00 W/U.S. FOUNDRY #7640 -JK FRAME & COVER SUB TOTAL $ 8,060.00 SALES TAX 6.00% 483.60 SUR TAX 1.00% 50.00 TOTAL $ 8,593.60 ALL MATERIAL SUBJECT TO ENGINEER'S APPROVAL. QUANTITIES ARE ESTIMATED- UNIT PRICES TO PREVAIL / F.O.B. JOBSITE. PAYMENT TO BE MADE AS FOLLOWS: NET30 DAYS. A FINANCE CHARGE AND/OR SERVICE CHARGE OF 1.5% PER MONTH, 18% PER YEAR WILL BE CHARGED ON ALL ACCOUNTS OVER 30 DAYS. IN THE EVENT THAT IT BECOMES NECESSARY TO INSTITUTE ACTION FOR COLLECTION OF AMOUNT ON ANY UNPAID BALANCE, BUYER AGREES TO PAY All COSTS OF COLLECTION, INCLUDING ATTORNEY'S FEES. THIS PROPOSAL MAY BE WITHDRAWN BY ACI IF NOT ACCEPTED WITHIN 30 DAYS. AUTHORIZED BY: AMERICAN CONCRETE INDUSTRIES, INC. ACCEPTED BY: (SIGNATURE) (DATE) (SIGNATURE) (DATE) ROBERT L SNOWE, PRESIDENT . (PRINT NAME AND TITLE) (PRINT NAME AND TITLE) 57 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Richard B. Szpyrka, P.E., Assistant Public Works Director FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Change Order No. 1 and Release of Retainage Bid No: 2014046 13th Street S.W. at 58th Avenue Bridge IRC Project No. 0530B DATE: October 5, 2015 DESCRIPTION AND CONDITIONS On September 9, 2014, the Board of County Commissioners awarded Bid No. 2014046 in the amount of $1,366,225.20 to Dickerson Florida, Inc. for the replacement of the 13th Street S.W. Bridge at 58th Avenue, the paving of 800 linear feet of 13th Street S.W. and the placement of recycled asphalt pavement (asphalt millings) for approximately % mile of 58th Avenue between 13th Street S.W. and 9th Street S.W. (Oslo Road). The construction of the project is complete and Change Order No. 1 is to make final adjustments to contract bid items to decrease the total contract price by $32,504.25, for a final cost of $1, 333,720.95. Dickerson Florida, Inc. has been paid $1,200,348.85 to date, with $133,372.10 held in retainage. Dickerson Florida, Inc. has submitted Pay Application No. 9 (Final) for release of retainage in the amount of $133,372.10. FUNDING Funding is budgeted and available from the following accounts: Traffic Impact Fees/District 3 Account No. 102-206000-03024 13th St SW at 58th Ave Bridge Retainage ($22,000.00) Secondary Roads Gas Tax Account No. 109-206001-03024 13th St SW at 58th Ave Bridge Retainage ($32,811.84) Optional Sales Tax Fund/Road & Bridge Account No. 315-20600-03024 13th St SW at 58th Ave Bridge Retainage ($78,560.26) 58 F•\Public Works\ENGINEERING DIVISION PROJECTS \053013 13th Street SW at 58th Ave Bridge\Admin\agenda items\BCC Agenda Change Order 1, Final 10- 20-15.doc 1 Page 2 13th Street S.W. at 58th Avenue Bridge Michael D. Nixon., P.E., Roadway Production Manager For October 20, 2015 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Dickerson Florida, Inc. Pay Application No. 9 (Final) for release of retainage in the amount of $133,372.10. ATTACHMENTS 1. Dickerson Florida, Inc. Pay Application No. 9 2. Change Order No. 1 3. Schedule of Items to Change Order No. 1 to be Added and Deleted 4. Work Change Directives No. 1 through 6 inclusive DISTRIBUTION Dickerson Florida, Inc. APPROVED AGENDA ITEM FOR October 20, 2015 Indian River County Appro Date Administration .. /OI/5/6 Budget (o/I11t Legal /1/ ie - ti' /, Public Works u' " - l 0/ 9/j4 - Engineering 63/891/5. 59 F•\Public Works\ENGINEERING DIVISION PROJECTS \0530B 13th Street SW at 58th Ave Bridge \Admin\agenda items\BCC Agenda Change Order 1, Final 10-20-15.doc SECTION 00942 = Change Order Form No. 1 - FINAL DATE OF ISSUANCE: 10-20-15 EFFECTIVE DATE: 10-20-15 OWNER: Indian River County CONTRACTOR: Dickerson Florida. Inc. Project 131' Street S.W. at 58th Avenue Bridge OWNER's Project No. 05308 ENGINEER's Bid No. 2014046 You are directed to make the following changes in the Contract Documents: Description: The project is complete. This change order is intended to make final adjustments to bid line items in order to make final payment and release of retainage to the Contractor. • Attachments: (Ust documents supporting change) 1) Schedule of Items to be Added and Deleted 2) Work Change Directives 1 - 6 CHANGE IN CONTRACT PRICE: Description • Amount Original Contract Price 51,366,225.20 Net (decrease) of this Change Order. $(32,504.25) Contract Price with all approved Change Orders $1,333,720.95 ACCEPTED: BY:/o/ x(2.4_, CO C - (Signature) CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) 150 3-24-15 180 4-24-15 Net Increase this Change Order. Substantial Completion: Final Completion: (days) 60 60 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 210 5-24-15 249 9-24-15 RECOM D: Bics7 GINEE R (Signature) Date: /O/ 5/1 5 00942 -1 FAPubla wab1ENGNEERINO DMS IDN PRO-ECU-16SM 131h Street SW et 66th Aye &IODe+Adninla0endm brMW0912- Chenos Oyster FINAL 1040.15.dec Ram 03+01 APPROVED: By: OWNER (Signature) Date* 00942 - Change Order FINAL 10.20-15 6 13th Street S.W. Bridge at 58th Avenue Change Order No. 1 SCHEDULE OF ITEMS TO BE ADDED AND DELETED IRC Project No. 0530B FINAL Change Order Oct 20, 2015 Item No. Description of Change Unit Quantity Unit Price Price Increase Price Decrease Decrease 334-1-113 Super Pave Asphaltic Concrete (Traffic C) (SP -9.5) (11 SY 379 7.65 2,899.35 570-1-2A Performance Turf - Sod (Floritam) SY 102 2.95 300.90 455-34-3 18" Square X 45' Minimum LF 180 76.00 13,680.00 706-3 RPM Bi -Directional Amber/Amber EA 48 4.90 235.20 706-3-1 RPM Mono Direct White/Clear EA 2 4.90 9.80 711-11-221 Thermo Solid TS 6" Double Yellow LF 24.00 2.30 55.20 Increase 285-706A 8" Compacted Asphalt Millings (2 rifts) SY 334 7.00 2,338.00 334-1-13A Super Pave Asphaltic Concrete (Traffic C)ISP-12.5) (1.5") SY 134 9.20 1,232.80 522-2 Concrete Sidewalk 6" Thick SY 7 40.00 280.00 530-3-4 Rock -Rubble Rip Rap TN 240 46.00 11040.00 570-1-2A Performance Turf - Sod (Bahia) SY 1,420 1.65 2,343.00 711-11-121 Thermo Solid TS 6" White LF 76 1.15 87.40 711-11-125 Thermo Solid TS 24" White LF 1 4.35 4.35 711-11-224 Thermo Solid TS 18" Yellow LF 13 3.15 40.95 1050-112-12 4" PVC Conduit LF 228 18.00 4 104.00 Work Change Directives - Additional Cost ^ WCD#2 Additional Cost LS 1 4,261.28 4,261.28 WCD#3 Additional Cost LS 1 33,421.33 33,421.33 WCD#6 Additional Cost LS 1 523.09 523.09 FORCE ACCOUNT 75,000.00 Subtotals 59,676.20 92,180.45 TOTAL CHANGE ORDER #1 ($32,504.25) FlPudic Wortu ENGINEERING DIVISION PROJECTS \053013 13th Street SW at 58th Ave Bridge'Adminlagenda items\Change Order Form No 1 13th Street S.W. at 58th Avenue Bridge Page 1 SECTION 00948 - Work Change Directive No. 1 DATE OF ISSUANCE: 10/21/2014 EFFECTIVE DATE: 10/21/2014 OWNER: Indian River County CONTRACTOR: Dickerson Florida, Inc. Bid No: 2014046 Project: 13th Street S.W. at 58th Avenue Bridge OWNER's Contract No. 2014046 ENGINEER: Indian River County ENGINEER's Contract No. 0530-B You are directed to proceed promptly with the following changes: Description: Delete a small portion of guardrail and end anchorage assembly northeast of the proposed bridge near Station 51+50 as shown of the plans, Sheets 9 & 10 revised 8/6/14. Suspend contract time during the utility relocations of the°Shoe Fly' after the Contractor completes Gearing for FPL and ATT. The estimated suspension time is 15 to 30 days. Purpose of Work Change Directive: Delete the guardrail system northeast of the access driveway at Station 51+50 on the north side of 13th Street SW for better access. Suspend contract time to allow FPL and ATT to complete the utility relocations of the "Shoe Fly" after the contractor completes clearing in the area of the bridge. Attachments: Plan Sheets 9 & 10 Revised 8/6/14 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times X Unit Prices II Lump Sum Q Other. II By Change Order. Estimated increase in Contract Price: If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Q Contractor's Records Q Engineer's Records X Other. Deletion of unit price, Suspension of contract time Q By Change Order. Substantial Completion: 150 days; Ready for Final Completion: 180 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACC "' -- By: / CONT' • CTOR (Signature) Date: (6I%1 [ t RECOMMENDED: ENGINEER (Signature) Date: / D/2 /// -O r . - ( e) ,/- Da - . /. -,2 /- i F:\Public Wores\F2dGINEERING DIVISION PROJECTS10530B 13th Street SW at 58th Ave Bridge\Artmin\Work Change Directives\0530B - Work Change Directive #1.doc 62 /ND/AN RIVER FARMS ST LUC/E COUNTY PLAT BOOK 2, PACE 25 RAM Cain TRACT 6 29-33-38-00O21-0070-0060.10 Off• = 4' M&LDCS = B' COWPAC7£D A/WIGs = PAYED SMOULDER BEC/N PROJECT MEET EXIST. D/RT RD. EL. 19.4 = NEW PAVEMENT R LINE i' t BAF. ! 611 2005" 0. 1680 ) IF GUARDRAIL BRIDGE AAC'//O4 ASSY. /4017 A PIPE RA/1 PER (5117-17) C01157. ROCK-RL9BLE 0.7CH 118!9 f' 7J/ICK ERE SHOWN I 4.. 7. t�t `.i 109.06 LT N/V (i 'i • R7 iC bT- 1., 1� I CONST. 109 LF PROP. ICE— Peri, AO -'-c-'Tc ca.'•ti'O/ 7{•,t<Y c` -N.c` -".•' -c; -cam ss {�����i r. r:i; ♦♦♦ ♦„y, ♦ ♦ ♦ .,.rL_♦..OlYlii9fi: ♦T,dk.♦V ► "6 .dYWZ1N.!t.. er; 4. -.. S44. CONST 74 LF GUARDRAIL II/CRI END ANCHOR ASSY. BRIDGE ANCHOR AS5 .. FOOT /1100' /4X MEET EXIST. GRAM"' ea o to ea GRAPHIC SCALE r6v1 w 63.7 CRAM DR/YC BEHIND, SWK "6u� LI11r; 10 41417 EXTSr..'( cc CWRDRA/L W/ MELT ANCNOR ASSY. INDEX /400 /ND14N RIVER FARMS ST LUC/E COUNTY PLAT BOOK 2, PAGE 25 TRACT ► BA/.• JFRO RON R10 /N 5 AtellA/ARA' 545 AM €wtLU ,cl SS COIV EL /450 (WAD✓USTEDJ GU: / 60d NA/L /N FACE 07 PP EL40tN w 71. 15 ' O/7 T✓ 3 1 ].N '" 6 24 ` 4 2- Dot. 4.�+1111 INDIAN RIVER COUNTY 1801 27th STREET 1 Nv. 11.62 1.V. 11.16 Oepor/men/ of Pub//c Works 14 5 s 52'00 J 02 IJTH STREET S.W. AT 58TH AVE. BRIDGE5.H P/AM_.¢ PROF// F 10i I1INDIAN RIVER COUNTY 1 "TM M Imo, I� 1801 27th STREET I Depor/menf of Public Works u 13TH ST SW e T sAra e yr noinc� WAIL L ' 160' /. 10 =— to m i 144 R �� Z . • f j� 4, 58TH AVE. ROAD R/W E2 (� . ...41.'..., �: 73P"14 A �- n ;:��,�?:.4i. '• �Z ... . >��A!�I .i GRAPHIC SCALE tl \I STA. #44.1 %- ��4i 4111111.041 CI,' O N Ace PLII i STA. #00.80k V lu �lyl; ,�� .41 0, 109.08 LT Nfv k 16.83' L 'isyq TA. t41.1-,��4� ij �, I0.0:1, • tl 3 P. TOE •, t!CI -\--v-\-\-7- vg, 4'36.5' em -P0 \ \ \ \ \ BENCHMARK FND IRON ROD ALUM ACCESS 'N 645 2005" IN 6" il„ COVER P.P. - ar P ,, : 2 53„5' � �" a V_ `�\,, ` •i, ,, �'�� ��•,. .• ft.; � 4 LT L 58.0' �: r at ,.\. I►, LT P.P. \ EL. 18.50 (t�NADJUSTED) \\ �li�, °C �/ r.; — • '= '� dI .s., tl tl 035 /T ?•J' '.�►` ilf: .• ��,.. 3$ MEd FIL'.WIIIMMIMINMPALWAII•Y'-: ;k1k' Y ;UINIMIE?3'..:.: R'' 1.�: CI j ��iiF40_156Fr �*%IIK- Tiii le %///'G%/%/.'/////////I►0/0/./ NM 0 R/W UNE STA. #94.38 ' , , C or � E JNE it.Al El- ,�� LABROACH k 1 DIRT •tW -Gi & NE L/NE..'t.PP. 3\ 21.70' LT STA. 48 40'R tl i 1 1 : ' 5 41.9LT P.P - .• •Af ��' I 'vid �' STA.#25.07 .°ti ct Q e� C7 — ••• -ee— cc �� 1 . . /,/—PGL � D s LR. Ip„,,,ye e ' ^ siS . �S 26.44 LT ,, Ra . -Dile/ RV. Nip! t.41 irit A''' 4V pg- `� FND IRC // BRI GE _ . � U • �'" CAR ST • SOC.' , [ .+► .138.90 tl i;\ ,� �,. . 36.41 i� ;G' STA.#30.01 ?.78 COW STA.tS 58 35R SET 20 NAIL i 1� 1r ,«�( /t�.'A. LT 1 -si_�i d. 5i+0i 1 06.43 LT LT 49-1-00 21.86 LT 13 6D I5t+O#frui4J I S89'36'00'2- (Mi B -s CANAL "'1t4•A i II�ES � �l % ' _ ,e ' �•S_ ; #08 14 , RASS r�A tivo bib, VI ' Y « x ECT E CAPILEGIBL)•-I CONST. 200 LF' CN D 1/2" I.P. » W /NV 1.30 � PP C1 I �9'•ktt.)1,:#6.41%.kito •I� •'' �r '.��� II�i���` 70'RT��� 4275 I 4a I• DWY _ �~ `.R.F.W.C.D. SUB -LAT• 8-B CANAL , tTOB E /NV. 11.00 S A.t>7. 1 •'` Z ' =�=� OP -19.9 l�_rift., r, ��1`�., 1_ .p 11.46' ; / p131 / / / / / 1, ///////..d//// L! 11 L L LLL/ No. 1 R.4.1.. f n..- I o.. ,141V2 �J. 'J I t ■ r) O :' - �i��.IIelI• ��rI�A1�,r.� / �•��. , is, all _0. 1111 , . • I',�4 T. R UNE /�� �� :/ / WORK_ C HANGe p120 -Cr I1INDIAN RIVER COUNTY 1 "TM M Imo, I� 1801 27th STREET I Depor/menf of Public Works u 13TH ST SW e T sAra e yr noinc� SECTION 00948 - Work Change Directive No. 2 DATE OF ISSUANCE: 4/17/2015 EFFECTIVE DATE: 4/17/2015 OWNER: Indian River County CONTRACTOR: Dickerson Florida, Inc. Bid No: 2014046 Project: 13th Street S.W. at 58th Avenue Bridge OWNER's Contract No. 2014046 ENGINEER: Indian River County ENGINEER's Contract No. 0530-B You are directed to proceed promptly with the following changes: Description: Install 48' - 10" ADS Pipe, 10° inline drain, Type "C Inlet and other miscellaneous modifications at Station 102+83 on 58th Avenue connecting to Structure (S-2). Install 20' - 12" CAP in the Indian River Farms Water Control District Canal at on Streets SW. Cut weir into Structure (S-1) Block weir in Structure (S-2). Purpose of Work Change Directive: The adjacent property owner's stormwater currently drains into an existing inlet within the 58th Avenue right-of-way. The road way will be higher than existing requiring a better system to collect the property owner's stormwater. Side notches will also be cut into two structures to provide better drainage for the property owner. Attachments: Plan Sheets 12 & 13 Revised 2/24/15 Letter from Dickerson Florida, Inc. dated April 13, 2015 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times II Lump Sum II Other. El By Work change Directive: Estimated increase in Contract Price: $4,261.28 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. NONE II Contractor's Records LJ Engineer's Records Q By Change Order. Substantial Completion: 150 days; Ready for Final Completion: 180 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACC. b. BY RECOMMENDED: By: x • 'P]'O - P: / / B :,/i : �� _ = CON '• C OR (Signature) Date: `d" --17 -1' l E G EER (Signature) Date: Lf -17— 15 OWNE-, ignatu -) Date: /^ZZ��.f F:\Public Works\ENGINEERING DIVISION PROJECFS\0530B 13th Street SW at 58th Ave Bridge\Admin\Work Change Directives \0530B - Work Change Directive #2.doc 65 N Vt DICKERSON FLORIDA.. NE A COMPANY OF THEDICKERSON GROUP. INC. April 13; 2015 Rick Mathis Senior Engineeringinspector Engineering Division Tndipfl Riv,et :Coe* 1801 27th Street, Building A Vero Bea* Florida 31460 RE:. ,AdditionaiStructure west of Se Ay. SW/58th Av. Bridge Replacement IitC PrOject #0530B Throjget Number: 3980 Dear,Mr. Mathis; Please accept ft as our ebangetrdet request for the additional structure wet of 5.8th .south,of 13 &met SW. The total 'Goa is $4,26128. Should yOU1 have any questions or need any additional infonnatipn please contact:our office. •Ori, PSM ProjecOqraieser Diekersori FlOrida, iixc EnclOsUres: Cost Sheet c07:. P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersOnflorida:com 66 ADDITIONAL PIPE ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 10" ADS 48 L.F. $ 24.61 $ 1,181.28 2 12" CAP 20 LF. $ 35.00 $ 700.00. 3 TYPE C BOX 1 EA $ 1,530.00 S 1,530.00 4 10" INLINE DRAIN 1 EA $ 25000 $ 250.00 5 6"'x 12" SLOT IN S-1 1 EA $ 300.00 $ 300.00, 13 BLOCK UP WEIR WEST SIDE OF S-2 1 EA $ 300.00 $ 300.00 TOTAL $ 4,26138 4/13/2015 CHANGE ORDERS.xlsx PUMP 67 p 29 6 1 WAD J t KIMVASia90 .MKS E 1.10R.M 333020000010000000023 Pr 0 10 20 40 013020000010000000022 WO 1M IMO 1• aa1 Mi OEM °A 12CRAMM .21.aoa, at_OAK 10 1�4ffS�1 .21.3 SCALE I n rm I 9.2 s-7 CONST. INLET TYPE C" FOOT /NOD' //SSP SM. 70:#842S4 la5Y LT !'.RATE EZ 20.10 N /NY. 1&06 SOL 17.06 k ` .21.792'4 m OAK 24 D OM ,3 O 0521.55 '• .a .' 421.12 21.y;o. 0. 11102 / ���T��I .,5. tma ONi•1'{� 41.�, 42.0 1 11 II : DIRT .9.e - as .2 iD91K e OAK) I ®1 I m : I 9e co ®DAN ,D .2,., .2L0 .211 a.7 0.e .e 110 100 VSK 13 ARE .2,.3 421.5+20.0 o.e , 123 EX/ST. R/W LINE NOV NIS 4029• :IC 5701PALM .ins .2n2 49.9 .2La .2L3 ,na .21J VAR. AW.. 1D.103 L7,VSTl00 [f 4072" 40n .20.2 .0.3 /4, * WEST .SSE . . 10" 1 .,.gPP���y/" *3/4• - ¢L0,- .. 1 �� ....��. ..� T , % -.0-.% a .a.., - - ."� •• _!2041 _ to MOM Plie.m.11. L.2n< I I` / #2.0.42... \, X2,2 .. 521.5 Q 2L - 3 `..21i 22,.....013 42,2--\'427.1 '�42 A ___ -___- 422.0 ' 9B�D0--� 991*f/8---- ___-__ U1 .2,.Yn9 120.) h0.0 S_1 '421.2 .l'd00 96+00- m1. 3/1.00 DR I , 3 , J , , _ 1 , , , , 101.1!00'---- •.a<a;r....:v::'c-i•Na't[,S'•�:-•••<e<'r d.•.:L!.L :❖04.04:`•.•�..Q....."i�.�•�••••.�..0.�.•0 a .2.0 ' SURV£Y� - - •i SBTN AVE. (KING'S HWY) S:❖•+•4:❖:•••:�:.•.•::.�:.•%:•: STA. 102+8146, 48' LT CONST. 10" INURE DRAIN NOM GST IRON CRATE CRATE EL 2000 GTh1S 20 Lr S. /NV. EL. 153 12" GP E WV. 2000 W. INV. 19.50 STA. 102+6444 48' LT CONST. TYPE C 1/447 N INK 17.80 E WV. 17.80 GRATE EL 19.00 80M / 17.70 CONNECT UNRERAG/N NEST SIDE /NV. a. ,a, A403457. 22 LT 10" ADS N-12 PIPE COAST.. 26 LF 10" ARS N-12 PPE C10A5T. 41 LT 12" CAP 10 N INV. 14.20 S INV. 1781 6,1'12" NIDE .T • T SIRE SLOCK.LN' Ni/R S-1 STA. 101+6146, 19.67'LT 473 CONST. TYPE C INLET N,S /NV. 17.61 W WV. 17.88 MATE EL.. 22.34 464 W M07CN LZ. 21.67 (119Y70E) 8077DM 16.61 ♦167 460 .161 0000E COWES P10. Ms 211-13-39-00001-0070-0000.1.0 n PAVED ROADWAY g;i;i 6" COMPACTED ASPHALT 14/LUNGS 4" ASPHALT MILUNCS EX/5'T.,1P/jy UNE 4611 ,169 ,111.9 ,161 NOO 2208 E 154610 101 001 MI in 11 GRAPHIC SCALE o y� Jpaz 411.0 461 .10.0 461 461 .17.0 49.0 ,201 EON 5 11/173 1' IN/CK (BETA/L L4? -6) SECT/ON LINE NOO 22 08 E b 1 t J. �4,Y75X in vcr 26 24 22 1 G s /8 16 1.0 E 915, 11.IQ 14 12 p7‘00 RmLbn ti 7.A 1u4tu INDIAN RIVER 1801 27th SI5881 E6 R WORD; BtRECT/ I/f NO. 2 COUNTY 1054-00 Depor/men/ of Public Works 1064 -up .147 ur. gA I/20/14 /4 12 109to0 58TH AVE (K/NGS H/CHWAY) /MPROVEMENTS E� SECTION 00948 - Work Change Directive No. 3 DATE OF ISSUANCE: 4/17/2015 EFFECTIVE DATE: 4/17/2015 OWNER: Indian River County CONTRACTOR: Dickerson Florida. Inc. Bid No: 2014046 Project: 13�Street S.W. at 58th Avenue Bridge OWNER's Contract No. 2014046 ENGINEER: Indian River County ENGINEER's Contract No. 0530-B You are directed to proceed promptly with the following changes: Description: Re -align the roadway millings at Station 16+40 on 58th Avenue Install 36" aluminum corrugated pipe with a flashboard riser at Station 109+60, remove the existing 24° CMP at Station 109+80, and re -grade swale on Wayne Collier's property under a license agreement. Purpose of Work Change Directive: To correct a roadside hazards Attachments: Plan Sheets 14, 15, 22, 23 & 24 Revised 4/9/15 Letter from Dickerson Florida, Inc. dated April 13, 2015 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times Q Lump Sum Q Other. el By Work Change Directive: Estimated increase in Contract Price: $33,421.33 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. None Q Contractor's Records Q Engineer's Records Q By Change Order. Substantial Completion: 150 days; Ready for Final Completion: 180 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACC' - ►'• By: A RECOMMENDED: By: �cl,_, ezc AP,PRO D: B��, /j� CON ' • C OR (Signature) Date: rq _/' E GINEER (Signature) Date: 11` -f 7 , f 5 OWNE ,06i oma- re) Date: (--2/ - i�— F-\Public Works\ENGWEERING DIVISION PROJECTS\0530B 13th Street SW at 58th Ave Bridge\Admm\Work Change Directives\0530B - Work Change Directive #3.doc 70 DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP. INC. April 13, 2015 Rick Mathis Senior Engineering Inspector Engineering Division Indian River County 1801 27th Street, Building A Vero Beach, Florida 32960 RE: Additional Pine and Gradins west of 58th Av. 13th Street SW/58th Av. Bridge Replacement I.R.C. Project #0530B DFI Project Number. 3980 • Dear Mr. Mathis, Please accept this as our change order request for the additional structure west of 58th Av., south of 13th Street SW. The total cost is $33,421.33_ Should you have any questions or need any additional information please contact our office. elchiori, PSM Project Manager Dickerson Florida, Inc. Enclosures: Cost Sheet Cc: File P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersonflorida.com 71 ADDITIONAL PIPE ITEM # DESCRIPTION ; QUANTITY UNIT PRICE TOTAL SOUTH END t 1 EXCAVATE NEW DITCH 620 LF. $ 10.00 $ 6200.00 2 REMOVE 24" CMP 1 LS. $ 5;500.00 $ 5,500.00 3 EMBANKMENT (FILL & STABILIZE BANK) 1 LS. $ 4,500.00 $ 4,500.00 4 12" CAP 40 LF. $ 35,00 $ 1,400.00 5 36" CAP 80 LF. $ 120.75 $ 9.660.00 6 Fi.ASHBQARD RISER 1 LS. $ 3,500.00 $ 3,500.00 7 SEED & MULQ-I 1,378 WY' $ 0.48 $ 661.33 8 MOT 1 L.S. $ 2,000.00 $ 2,000.00 TOTAL $ 33,421.33 4/1312015 CHANGE ORDERSadsx PUMP 72' 1 1 1 • Jaz 46.0 4..-',16.6 416.6 47.0 ,15.6 ]119]000010070000610 yeti ., (ay . > y 4 •17.7 4 I I 4161 la, ,,,, IMO_ a57 ,>•° -..e .167an0 an7 Jae Je., +16.2 1711./C2TO LF !I' GIP /N✓. LL /4.0 `n7 Jaz FURROW LYTC/1 c9` 6 to zo .9 SEE DETAIL NEXT PACE m N.GS 9000iam33392900001007000002.0 R_ 8 P'' 48.6,16. an) CRAPPIMSCALE °'. EX/ST. RLk' UNE N0022'08 T FURROW EX/ST. R/W UNE a3 — ae.6 1 ,i1. .aha ae.= 11 ,15.365.. FURROW 61.6 4167 k ^ .. ��yy�� , a6... a1 vAm. • = vc Al /A FLAHBO4R0 RISER J ' PIPE, 48' FACE f 46.5 43.5 ane 66169.0 a.,., Ix A ■° x x x J1. x MGR mEL. 19.00 .1601' RE ONCE 1.1) 0a] 0a3 RV 'v 1 ani ___6.1_. ONyy — itJD J) Q ��— dL� - e yyCC. 4(Pa1a13 4169 I[iJ 'T Cu 708 ,h j.• PROP S•1{'A 6 47.3 Jab +16411.e• p� .16.5 021657 . FOR WATER AMTAI1E• J]5 f 1.9..114..9011 Jit 1.p1' ai] f7FERnJ J3.9 ai) i JS. *'.114 �u .15.2 0113 ,20.4 n • ��r::. `•,3' 6 ' ) '266 ,20.9 O••4• 41.' 108 .8*. :: ••A,•.;,o;;eP i•iI:::•.,4rJ`,:,•rJ M.•P❖.••:::o$ .•iii•,i•�•i:••°P::�: �❖:v• �:•:.).'�:�:�.:..,. 'i31i;i;iii1*••:AS..2•r,0:5.32•:•: •:= I: •=: I1 n 0 .17.2 .17.1 e5 47.1 1 L ~ - 33392000001001000001.0 33392000001001000001.0 Th.IiircLLDFA- 33302000001007000002.0 6f I iea il - 493 - 70. POLLAI 24 ,te.9 20 9 10 YO 3° KO 1a0 2 4°'S 39.3 L__-� /�)J�/ dN ,te.0 R'". Jas R/b ti 4 .6 A .166 (F?0 LF FURROW dIR' /. &5 NY. 2 .11.0 SE DETAIL RICHT 486 46e 90 0.e 6967 67 9.e - .16. - ...:0 �e� e� M.- �. e �7 M. 47'° 7' 4�P. PALL, 20 4a. GRAPHIC SCALE r7/RRDw oar,' s�� t n'a', 466 C4D,'A0 rlP/C4L 4n Yom- 7R PALL, 2, 46J - 4670 ,17 n'""NOO 222( ane X01 ,lee WATERS P P.roar rcxff _ EX/ST. R/W UNE 46.7 46.3 .16.6 46.5 ,16.7 .10.6 .17.3 60 ♦ �{, x x MLitt? _ 1 60 63 - 0,44 �16e 71 7 w 17Si49a * I 71 a 469 .10.7 46.7 40.1 461 .19.3 1 467 0..4 .• 166E IEMCE rA. ..0 t te. >: lea Flt w/ eta'0.9 40evuK 46.2 .10.2 47.5 Oat I 47.e • PALL, IS% .1.0 49.7 Ba -Lt- x x x ri1 ,.. It. 1.1 _ 0. .169 0, 0 - ,..T a..1 PP -1 •� 6 45 Ow 1 OHw 45.9eil ' LU ' .19.0 . . 40..1 TIM vuAf elok• 1R Ou0 14• nt .uM 16• 460 .t 9.2 ' - 4�1 Ice450 5 40.0 ` 6"P VC 1 41. 6, , y:' /�1 f�6'.'1 57377+ 111E w/ ��� .:* 1;7 110 AMO 0[C7at 0'V r,yi N0022'08 E EX/ST. R/W LINE 49.` t 1.5 .1..9 .136 • • 008 aelXCr HAREpp" ,h. :i' : cr ALOUD? .20.1 •.vn ((Kr Rf .20.5.20.9 .206 .1.1 .rwAO••¢v/sPo 11! ❖N ti«:l: foe ❖o•.❖►`+..n •- •:✓-••.-.•r✓r•-••vi%+•+.+.v•✓.✓✓P4. '•o••�.•;.•;;?✓✓ i.<.V...✓✓o•••:4•••❖...•.'✓•❖•oo••❖..:❖✓✓✓rood❖•❖•; ::f*:::::YA:Mi:::0;*❖!7.4•;.4.•:•_ • :OPIF471:11 ;Pe44 4, Ai••••'i .••O• •.: i'•.7o:O❖• •❖PJ •❖..•e•• 4•` "s sa••r. w�o4: ° •o.a,.6a 0•:.:..••Y.�.:o.'✓;`•O."0••`.�❖•T�.✓:• .O,.•I.✓.✓,:s✓i•.i °•.f•.✓%.✓i•:•.,i•••.;•;i"r••Y•i•i••••i.i.%1.•9'✓.:�::••ii•i❖:4•,ivfr.•:•��•9i••�.••:O .,.P•..''f❖�❖,.:••::•.• o✓.•❖9✓.• ".❖✓❖•.o✓;❖•••r,40•:..rr-:4o•',✓y i,e�,4:x.❖•io •O•.o•✓•✓❖••. •...9y✓r.6•,±900 ::.::=:_s.. .:o•.❖::...,..,....+..❖A-....:.,ri_.::.✓!•!::::o:✓:.�::s:!°Le:.•:•1:°..✓�•:.:•d..r`.e�+ B-•s4: .x•e... r ..:::o.:.:+:6rom.:6::...voo.❖..❖•❖..Ait::::tA❖•.❖•:::4•,�.33.s•.:::::.+,`.ms:!rv..::%:❖:.•:•:.4.:•:•:!:o�::.::o..: •r:a •:.i..•..r.,:: --- - -,7 219 .2 PCL 70 77 7 roB EOW 40..7 0 (110 M06 II PIPE/107 ouMo twVY aP7. 41. 11 SEC//ON UNE :•.. ,r�r, EOW .. 8' COMPACTED ASPHALT MILL/NGS LATERAL B- CANAL NO!} '22.087- 16478' -40 I j � I I I I 1 I I I I !--: 26 i j i I j j I i ! i I I 26 i 8 q i ' i 24 j I ! I Z M1 I 1 I j 24 i 11 1 i P 1 L PROP. ROAD ! i 1 22 1 1 , *o.o* - I (-Jai _ix ! i i i i 22 r 1 1 t� i i I 1 1 - -1 _ ! L ` 1 � 1 - r 20 Lq DOTING DIRT ROAD 1 i 1 1 1 I 1 \- EXISJINC DIRTROAD I I • ,1 I 20 1 ' 1 1 I , . 1 ! i 1 18 1 1 1 1 / -�-�I _ / 18 1 1 i I i I 16 I I I � PROP. c swALE (Lr1' 1 1 j 1 I ! 16 I i I i 14 (b tar i 4. "` 01104 ala YY O/1 /� D/�£CT/V£ NO. 3 1 14 _ x ' 1 1 `aN --2-a 112 FQ429-4 ." j NE & 71310 11/100 118.70110 11-g&6'120 00 No. R•N91a11 Dat. By INDIAN RIVER COUNTY 7®o r' Ye //�//4 ••+•. Deporlmen1 of Public Works r u 58TH AVE K/NGS N/GNWA/41PROVEA/ENTS r) nl¢7 •� 7601 27th STREET A. Rimer N Jo IS -� xwr r01 Awar rnarrnw 41 a ro /15 91 H MERO BEACH , FL 32960 (7721 367-6000 O' O Engineering Division •- uvv.2 a maw PLAWO • b .6v M 73-77 05308 PLAN & PROF/LE /6 CI o a A 25 EXIT. WIRE FENCE \ J —� \ STA. 20 J 10+77 .-.........1 15 A 1 h h q :ti GRAPHIC ICRIZONTM SGLE 25 EV WIRE ENCS ALUM/NL/11 J6' , PIPE, ' N/QH 70 FLASH Pa4R0 46' FACE ELEV.. IN /9.0 R —'I1 �— STA. 0 109+75 _l' ^ « « 7 « 15 d - 44 NV. EL /2.00 lal /NY. EL /2.2 "60 LI 96" GP 9' CANAL LATERAL ct b e h ` -4,,,h A N h 25 EXIST NIRE FENCE STA. 108+79 -- —� 15 • a ql� cis N 25 EXIST. WIRE FENCE \ _ _ STA. 107+177 WORD' DIRECTIVE NO. 3 105 /00 95 90 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 e 5 10 15 20 25 30 35 40 45 INDIAN RIVER COUNTY 1801 27th STREETDeporimenl (VERO772 5 7- 32960 m21 sal-eiw r,'•c, 01 Pub/ic Works ®'° ,,, i��:cgy:u 0°O V20/u CROSS SECT/ONS ON 58TH AVE STA. >20f00 TO STA. >23f00___ ' 22 �6 „� 0 8 05308 ��T ?• p 0 Engineering Division ....•r' ......, ^ e •.,„,.,•r •Ao.n,,,^../.r_ -tJ1 w... ch.... m.o. No. 3 4-e-+s III b a 1 ~ 4 o h r N d 25 E,(IST. w4r FENCE / . '...;':Sa X. X STA. 20 1I4+85 r _ —� - �1 J i d 5Ii h ti h $ q 4 ry GRIP1#C /Rq@CWTA4 SGL., 25 EXIST WIRE FENCE , ___ STA. 20 113+; 6 j N. l a SECT.1NE e I . 20 :2:; q 15 il o h . •h I 25 EMS I. w,RF'-tErvCE Iti�-- " � � STA. 111+77 f ` '__ ___ _ / / __________0 X \ 15 a a a 2 R r K ;/ACT/VE ANO. 3 100 95 90 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 ii 5 10 15 20 25 30 35 40 45 Wo. Revision O INDIAN RIVER COUNTY 1801 27th STREET V RO 8EACH . FL 52980 (772) 587-8000 •' •q Deporfineni of Public Works """�''r'S ~PAS B �_ ' '� CROSS SECT/ONS ON 58TH AVE STA. 128-x-00 TO STA. 1294-00 19.a7 23_�1 �6 a 05308 '1� �Engineering Division __ _ AMMOA ARM /l. a IllA. 4.05 ON n -n• :ON Wort Chong. Directive No. 3 4-0-15 qLH ♦ •Z ti hl hl 25 STA. 20 11.9447—\ e�J t d &RAPN/C ofraravAme SCALE b •°, I"! h ry 25 E 20 STA. 118+00 e " a R « : 15 4I 2 m SECT. .JNE ..in ti ~ k ` 25 50' Rf f%tST WIRE FCMCC - ---\ 20 STA. , 16+99 "2 — — R « « I « d a ? \" 15 e I .4/� � \ 4 `r �hy f r N h 25 E %IST. WI E FENC_ \ 10 STA. 115491 �� _ « « « WORD' D/RST/VE AVO. 3 105 100 95 90 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 e 5 10 15 TO 25 30 35 40 45 No I a.n.w• Dols Br INDIANRIVER COUNTY ."'•.ET • 0 829..• '770 ` CROSS SECT/ONS ON SETH AVE J ear• Depor/men/ o/ Public Works 2"4a' VERO rt. 32960 p ,+ Engineering Division 9 9 . d~ ...., .,.. _ _ 05308 SM. 124+00 TO STA. 127-1-00 _I �6 -v W_A �.___. �t..av_ u_ 1 L•_t[ utu r,-,,, <.,-.,r SECTION 00948 - Work Change Directive No. 5 DATE OF ISSUANCE: 5/6/2015 EFFECTIVE DATE: 5/6/2015 OWNER: Indian River County CONTRACTOR: Dickerson Florida, Inc. Bid No: 2014046 Project:: 1�Street S.W. at 55th Avenue Bridge OWNER's Contract No. 2014046 ENGINEER: Indian River County ENGINEER's Contract No. 0530-B You are directed to proceed promptly with the following changes: Description: Additional contract time will be added due to delays associated with negotiations with the County, property owners, IRFWCD, and the Contractor. Also, time will be added for consideration of rain delays. Purpose of Work Change Directive: Additional contract time is required due to delays associated with negotiations with the County, property owners, IRFWCD, and the Contractor for additional piping on 58 Avenue and other miscellaneous work. Also, time will be added for consideration of rain delays. Attachments: Letter from Dickerson Florida, Inc. dated May 6, 2015 requesting additional contract time. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices: NONE ❑ Lump Sum ❑ Other. a By Work Change Directive: Estimated increase in Contract Price: Method of determining change in Contract Times 0 Contractor's Records 0 Engineer's Records El By Work Change Directive Estimated increase in Contract Time: 60 calendar days Revised contract time: Substantial Completion: 210 days; 5124115 Ready for Final Completion: 240 days.6/24/15 If the change involves an increase, the estimated time is not to be exceeded without further authorization. AC52PT" n: Byl 1 RECOMMENDED: By: 1 i7.., �� . ' -4,VE! J By: z' / // COI • ' Si nature F Date: r? P) -I Pj ENGINEER Si na ure) Date: 45 - S ` %5 • r NER .- .(z Dat-: t (S — F:\Public Woda\ENGINEERING DIVISION PROJECfSW530B 13th Street SW az 58th Ave Bridge \Mmin\Work Change Directives\0530B - Work Chage Directive #5.doc 79 DICKERSON FLORIDA, I A COMPANY OF THE DICKERSON GROUP, INC. May 6, 2015 Michael Nixon, P.E. Roadway Production Manager Indian River County 1801 27th Street Building A Vero Beach, Florida 32960 RE: Additional Contract Time 131 Street SW/58th Av. Bridge Replacement I.RC. Project #0530B DFI Project Number: 3980 Dear Mr. Nixon, As you are aware we have experienced numerous delays with the project most associated with the additional pipe work on 58th Av. There were several weeks lost in obtaining information beyond not only ours but the County's control as well. We have also experienced weather related issues as well most notably the rain over the past few days has delayed the paving and bridge opening. With contract end date of June 3, 2015 approaching we feel justified in requesting an additional sixty days be added to the contract. We will do everything we can to complete the work as soon as possible. Thanking you in advance for your consideration of this request and should you have any questions or need any additional information please contact our office. lchiori, PSM Project :is ager Dickerson Florida, Inc. Cc: File P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersonflorida.com • 801 SECTION 00948 - Work Change Directive No. 6 DATE OF ISSUANCE: 6/12/2015 EFFECTIVE DATE: 6/12/2015 OWNER: Indian River County CONTRACTOR: Dickerson Florida. Inc. Bid No: 2014046 Project: 13th Street S.W. at 58th Avenue Bridge OWNER's Contract No. 2014046 ENGINEER: Indian River County ENGINEER's- Contract No. 0530-B You are directed to proceed promptly with the following changes: Description: Supply new fence posts for the residence at the SW comer of 13th Street SW and 58th Avenue. Homeowner will install. Purpose of Work Change Directive: To correct an abrupt driveway profile transition at 58th Avenue. The gate relocation will allow the driveway to be raised. The gate location will be field determined. Attachments: Letter from Dickerson Florida, Inc. dated June 9, 2015. The Hydro Seeding noted in the letter will not be used. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times ❑ Lump Sum Queer ID By Work Change Directive: Estimated increase in Contract Price: $523.09 None Q Contractor's Records 0 Engineer's Records Q By Change Order: Current contract time: Substantial Completion: 210 days: 5124/15 If the change involves an Increase, the estimated Ready for Final Completion: 240 days.6/24115 amount is not to be exceeded without further authorization. ACCEP ,l RECOMMEN D: APPROVED:���%%S 164491 By: By'iztr t� By: All CONTRACTORISignature) E INEER (Signature) OWNER (Signature) Date: � l 1 r7 1 � Date: � - i � �� S Date: 6/03/(r F:\Public WorloAENGINEER.ING DIVISION PROJECTS10530B 13th Street SW at 581b Ave BridgeAA \work Change Directives10530B - Work Maw Directive #6.doo DKIiLRSON FLOREDA:Tha A CAMPS OF THE DICXERSON GROUP, INC. June 9, 2015 Michael Nixon, P.E. Roadway Production Manager - Indian River County 180127' Street, Building A. Vero Beath, Florida 32960 RE: Gate Posts & Hydro Seed 13th Street SW/58th Av. Bridge Replacement I.R.C. Project #0530B DFI Project Number: 3980 Dear Mr. Nixon, Attachedis our price quote -for the additional work on 58th Av. The gateposts for the residence at the SW comer of 13`' St. SW and 58 Av. are $523.09 .including our 15% markup. The cost for Hydro Seeding the disturbed area in.the pasture .and new ditch wouid.be $0.83 Pei s/y including our 15% markup. The total on this would be based on field measurement. Should you have any questions or need any additional information please contact our office. R..„.... S en • I.% VI, ori, PSM Project Manager Dicterson Florida, Inc. Enclosures: Price Quote Cc: File P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersonflorida.com 82 Grove Welders Inc. 10359th Street SW Vero Beach, FL 32962 Phone # Fax # Name / Address Dickinson Fleet Services '114.1te,F)WtriYi:" • • rr, A• 15...1.; .0_ :.J• ' Estimate 772-569-1222 772-569-6362 . • - $Q3X1 I Mise rnaterial 1.01.100_414,11401.0:-W.1 'PRIm843,AThrt fabricate mosaic posts 3" X lip StreaME ° .."'*41**41$14414,,;41 • „If ' • • ••)":4 --4/141011144.- Labor Date Estimate # 5/21/2015 15-571 If this quote uses steel or ahrminnm, it is based on the current prices and -is subject to the availability & trice at the fine of tbe order. Otherwist, this quote is good for 15 days: P.O. No. :ftWan 6.75 121.5a; 15.00 15.0_0T TIONA'" " 79.00 35.00T Subtotal $425.I0 Signature Sales Tax (7.0%) $29.76 Total $454.86 83 Steve Melchiori "." Fromt qualityturf <qualityturf@ymail.com> Sent Tuesday, June 09, 2015 8:13 AM To: Steve Melchiori Subject RE: New Doc 14 Hydro -Seed 58 and 13. .08 sq. Ft Corey Kirton 8'731 NE 4th St Okeechobee Florida 34972 863-357-1488 office 863-634-7140 cell 863-357-1719 fax ----- Original message ----- From: Steve Melchiori <S.Melchiori@dfifi.com> Date: 06/02/2015 8:30 AM (GMT -05:00) To: klualityturf <qualityturf@ymail,com> Subject: 'RE: New Doc 14 Thanks, Corey can you send me an email with the price for the hydro seeding? Thanks Stephen R. Melchiori, PSM, CAM 772.473.0393 'From: cRiantYtorf [mallto:=Mdaymall.com]; Serb Tuesday, June 02, 2015 8:06 AM 84 Revision #1 13th Street' SW at 58th Avenue Application for Payment No. 9601 For Work Accomplished through the period of June 1, 2015 through June 30, 2015. To: INDIAN RIVER COUNTY From: DICKERSON FLORIDA INC (CONTRACTOR) Bid : 2014046 Project: 0530B 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or -): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): $ 1,366,225.20 $ 0.00 $ 1,366,225.20 $ 1,333,720.95 97% of completed Work: $ 1,333,720.95 0% of retainage: $ .00 Total Retainage: $ .00 6. Total completed and stored to date less retainage (4 minus 5): $ 1,333,720.95 7. Less previous Application for Payments: $ 1,200,348.85 8. DUE THIS APPLICATION (6 MINUS 7): $ 133,372.10 ** Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, !further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 3980 - 9 R1 Retainage 00622 - 1 Z:Wty DoamientslExcetlspeaal est 1om,s13980 -13th Streei13980 - 9 RI Retainege.doc Rev. 05101 85 13th Street SW at 58th Avenue IRC Project No. 0053013 Pay Appllcation8 Revision #1 SCHEDULED VALUE PR la A SPE AL OM % MATERIALS BALANCE TO FINISH Item No. fOescription 'Unit( Quantity Unit Price ( Amount QUANTITY TOTAL QUANTITY L TOTAL QUANTITY j TOTAL STORED QUANTITY 1 TOTAL s`RFM'- ^li R,l •:p ":'r� .'11 „-L:Let': :lir. :.x::, u•.1+^::'�„r-..,7.�.�.k � .,�::,.r.,.��'=-. ��;1_, ..... -. -�:a, - .... •z�. .;"" to}itTi .j;t...Kn; 1l'i 7�- �2':t5e.. 'Y.."1. L�?t .... - m:r.��.->: ,.t, f :�. ,,..�,..-...I�,x; ?,-.�.<...• .,,.;x, .f t.P.f,.�T]5•iR�`"a '�'. . Y . 1. K ... ......... .. „ ..1:n:. Iry-..T; Z?it+ 1./.%. 4G4-afr:r�+x'r.c.�r. r.. ..: :* l ,P.7: " ��,;._ r �� . a., t IWi!,� �! . } • ��,r,.-T,.Y•"lr).,..�1�-�.)C tI`SN','i�k:': ROADWAY IMPROVEMENTS 101-1 MOBILIZATION LS 1.00 129850.00 129,850.00 1.00 129,850.00 0.00 1.00 129,850.00 100% 0.00 0.00 102-1 MAINT. OF TRAFFIC LS 1.00 24,070.00 24,070.00 1.00 24,070.00 0.00 1.00 24,070.00 100% 0.00 0.00 104-1 EROSION 8 WATER POLLUTION CONTROL LS 1.00 6,300.00 6.300.00 1.00 6,300.00 0.00 1.00 8,300.00 100% 0.00 0.00 108-1 AS -BUILT DRAWING (BY REGISTERED SURVEYOR), LS 1.00 3 180.00 3,180.00 1.00 3,180.00 0.00 1.00 3,180.00 100% 0.00 0.00 110 MAILBOX RELOCATION EA 3.00 120.00 360.00 3.00 1 360.00 0.00 3.00 360.00 100% 0.00 0.00 110-1-1 CLEARING 8 GRUBBING LS 1.00 20 510.00 20,510.00 1.00 20,510.00 0.00 1.00 20,510.00 100% 0.00 0.00 120-1 EXCAVATION REGULAR CY 1,608.00 7.25 11,658.00 1,608.00 11,658.00 0,00 1,608.00 11,658.00 100% 0.00 0.00 120-8 EMBANKMENT CY 8,319.00 7.70 64,056.30 8,319.00 :54,056.30 0.00 8,319.00 84,056.30 100% 0.00 0.00 160.4.1, TYPE B STABILIZATION - 12" SUBGRADE LBR 40 SY 9,816.00 4.00 - 39,284,00 9,816.00 139,264.00 0.00 9,816.00 39,264.00 100% 0.00 0.00 285-706 8" CEMENTED COQUINA SHELL BASE (2 LIFTS) SY 3,507.00 12.50 43 837.50 3,507.00 43,837.50 0.00 3,507.00 43,837.50 100% 0.00 0.00 285-706A 8" COMPACTEDNASPHALT MILLINGS (2 LIFTS) SY 5,395.00 7.00 37,765.00 5,729.00 '40,103.00 0.00 5,729.00 40,103.00 106% -334.00 -2 338.00 334-1-113 SP ASPH CONC (TRAFFIC C1(SP-9.5](1") SY 3,694.00 7.65 28.259.10 3,315.00 .25,359.75 0.00 3,315.00 25,359.75 905'. 379.00 2 899.35 334-1-13A SP ASPH CONC (TRAFFIC CISP-12.5)(1.5") SY 3,694.00 9.20 33,984.80 3,828.00 35,217.60 0.00 3 828.00 35.217.60 104% -134.00 -1,232.80 339-1 MISC ASPHALT (2")(GUARDRAIL) TN 10.00 218.00 2,180.00 10.00 2,180.00 0.00 10.00 2,180.00 10096 0.00 0.00 425-1-521 INLET (TYPE Cx<10') EA 4.00 1,530.00 8,120.00 4.00 6.120.00 0.00 4.00 6,120.00 100% 0.00 0.00 425-1-551 INLET (TYPE E){<10') EA 3.00 2,640.00 7,920.00 3.00 7,920.00 0.00 3.00 7,920.00 100% 0.00 0.00 430-174-112 ALUMINIZED CORRUGATED METAL PIPE (12") LF 143.00 35.00 5,005.00 143.00 5,005.00 0.00 143.00 5.005.00 100% 0.00 0.00 430-174-115 ALUMINIZED CORRUGATED METAL PIPE (15") LF 20.00 37.00 740.00 20.00 740.00 0.00 20.00 740.00 100% 0.00 0.00 430-174-118 ALUMINIZED CORRUGATED METAL PIPE (181 LF 25.00 44.00 1,100.00 25.00 1,100.00 0.00 25.00 1,100.00 100% 0.00 0.00 430-174-124 ALUMINIZED CORRUGATED METAL PIPE (241 LF 285.00 59.00 16,815.00 285.00 16,815.00 0.00 285.00 16,815.00 100% 0.00 0.00 430-174-142 ALUMINIZED CORRUGATED METAL PIPE (47) LF 20.00 163.00 3,260.00 20.00 3,260.00 0.00 20.00 3,260.00 100% 0.00 0.00 430-175-142 CONCRETE PIPE CULVERT (CLASS 31(47] LF 56.00 118.00 6,608.00 . 56.00 + 6,608.00 0.00 56.00 6,608.00 100% 0.00 0.00 430-175-160 CONCRETE PIPE CULVERT (CLASS 3x601 LF 72.00 212.00 15,264.00 72.00 15,264.00 0.00 72.00 15 264.00 100% 0.00 0.00 430-175-184 CONCRETE PIPE CULVERT (CLASS 31(841 LF 200.00 410.00 82,000.00 200.00 82,000.00 0.00 200.00 82,000.00 100% 0.00 0.00 520-1-10 CONC CURB & GUTTER (TYPE F) LF 131.00 18.00 2,358.00 131.00 2,358.00 0.00 131.00 2,358.00 100% 0.00 0.00 522-2 CONC SIDEWALK 6' THICK SY 411.00 40.00 16,440.00 418.00 16,720.00 0.00 418.00 16,720.00 102% -7.00 -280.00 530-3-4 ROCK -RUBBLE RIP -RAP TN 1,295.00 48.00 59,570.00 1,535.00 70,610.00 0.00 1,535.00 70,810.00 119% -240.00 -11,040.00 531-1-1 GUARDRAIL LF 398.00 24.00 9,552.00 398.00 9,552.00 0.00 398.00 9,552.00 100% 0.00 0.00 536-8-1 G/R BRIDGE ANCHORAGE ASMBLY (F81) EA 4.00 2,420.00 9,680.00 4.00 9,680.00 0.00 - 4.00 9,680.00 100% 0.00 0.00 536-85-22 G/R (MELT) END ANCHORAGE ASMBLY EA 2.00 2015.00 4,030.00 2.00 4,030.00 0.00 2.00 4,030.00 100% 0.00 ' 0.00 536.65.24 G/R (ET2000) END ANCHORAGE ASMBLY EA 2.00 2,269.00 4,538.00 2.00 4,538.00 0.00 2.00 4,538.00 100% 0.00 0.00 838-85.26 G/R (CRT) END ANCHORAGE ASMBLY EA 4.00 2,102.00 8,408.00 4.00 8,408.00 0.00 4.00 8,408.00 100% 0.00 0.00 570-1-2A PERF TURF - SOD (BAHIA) SY 11,207.00 1.65 18,491.55 12,627.00 20.834.55 0.00 12,627.00 20,834.56 113% -1,420.00 -2,343.00 570.1.28 PERF TURF - SOD (FLORATAM) SY 491.00 2.95 1,448.45 389.00 ' 1,147.55 0.00 389.00 1,147.55 79% 102.00 300.90 700-1-11 SGL POST SIGN (R1-1, STOP) WITH STREET SIGN EA 2.00 435.00 870.00 2.00 870.00 0.00 2.00 870.00 100% 0.00 • 0.00 700-1-11A SGL POST SIGN (R2-1) 45 MPH EA 1.00 435.00 435.00 1.00 435.00 0.00 1.00 435.00 100% 0.00 0.00 700-1-11B SGL POST SIGN (W3-1) STOP AHEAD EA 1.00 435.00 435.00 1.00 435.00 0.00 1.00 435.00 100% 0.00 0.00 700-1-11C SGL POST SIGNACASE-1) EA 4.00 435.00 1,740.00 4.00 1,740,00 0.00 4.00 1,740.00 100% 0.00 0.00 700-1-110 SOL POST SIGN (W1-7) EA 1.00 435.00 435.00 1.00 435.00 0.00 1.00 435.00 100% 0.00 0.00 700.1-11E SGL POST SIGN (SIDEWALK ENDS) 12X18' EA 1.00 435.00 435.00 1.00 435.00 0.00 1.00 435.00 100% 0:00 0.00 706-3 RPM BI-DIRECTIONAL AMBER/AMBER EA 132.00 4.90 648.80 84.00 411.60 0.00 84.00 411.60 64% 48.00 235.20 706-3-1 RPM MONO DIRECT WHITE/CLEAR EA 8.00 4.90 . 39.20 8.00 29.40 0.00 6.00 29.40 75% 2.00 9.80 711-11-121 THERMO SOLID TS 8" WHITE LF 1,621.00 1.15 1 864.15 1,697.00 . 1,951.55 0.00 1,697.00 1,951.55 105% -76.00 -87.40 711-11-125 THERMO SOLID TS 24" WHITE LF 29.00 4,35 126.15 30.00 141ErtSII 1 rr, 3 0.00 30.00 130.50 103% -1.00 -4.35 13111 Street SW at 5811, Avenue IRC Project No. 00530B Pay Application3 Revision #1 SCHEDULED v ATION THIS PERIOD I YOTAL 0 MP1 ED I % I MA BALANCE T Item No. 'Description Unit! Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 711-11-151 THERMO SKIP TS 6' WHITE 6.10' LF 156.00 1.15 179.40 156.00 179.40 0.00 156.00 179,40 100% 0.00 0.00 711-11.170 THERMO WHITE DIRECTIONAL ARROW (LEFT ONL) EA 2.00 10300 206.00 2.00 ' 206.00 0.00 2.00 206.00 100% 0.00 0.00 711-11-170A THERMO WHITE DIRECTIONAL ARROW (RIGHT ONt EA 2.00 103 00 206.00 2.00 206.00 0.00 2 00 206.00 100% 0.00 0.00 711-11-221 THERMO SOUD TS DBL 6' YELLOW LE 1,169.00 2.30 2.688.70 1 145.00 2.633.50 0.00 1,145.00 2.633.50 98% 24.00 55 20 711-11-224 THERMO SOLID TS 18- YELLOW LF 136.00 3.15 434,70 151.00 475.65 0.00 151.00 475.55' 109% •13.00 -40.95 13TH STREET SW BRIDGE IMPROVEMENTS 101-1 MOBILIZATION LS 1.00 32.61500 32.615,00 1.00 ' 32,615.00 0.00 1.00 32.615.00 100% 0.00 0.00 110.3 DEMOLITION OF EXISTING BRIDGE LS 100 11,960 00 11.96000 1.00 11.980.00 0.00 1.00 11 960.00 100% 0.00 0.00 339-14 MISCELLANEOUS ASPHALT TN 5.00 21800 1,090,00 5.00 1.090.00 0 00 5.00 1 090.00 100% 000 0.00 400-2.4 CLASS II CONCRETE FOR SIDEWALKS CY 7.50 543.00 4,072.50 7.50 4.072.50 0 00 7.50 4.072.50 100% 0.00 000 400-2-4A CLASS a CONCRETE FOR CLOSURE POURS BETWI CY 15.80 435.00 6,873.00 '5.80 6,873.00 0.00 15,80 6.873.00 100% 0.00 0.00 400.2-5 CLASS II CONCRETE FOR PILES CAPS CY 79.00 380.00 30.020.00 79.00 30.020.00 0.00 79.00 30.020 00 100% 000 0.00 400.2.10 CLASS II CONCRETE FOR APPROACH SLABS CY 98.00 380.00 37 240.00 98.00 ' 37,240.00 000 98.00 37.240.00 100% 000 000 415.1.4 REINFORCING STEEL FOR CLOSURE POURS BETV1 LBS 990.00 3.25 3.217,50 990.00 3.217.50 0.00 990 00 3.217.50 100% 0.00 0.00 415-1.4A REINFORCING STEEL FOR SIDEWALKS LBS 354.00 760 2.690.40 354.00 2.690.40 0.00 354.00 2.650.40 100% 0 00 0.00 415-1.5 REINFORCING STEEL FOR PILES CAPS LBS 14,243.00` 1.40 19.940.20 14,243.00 . 19.940.20 0.00 14.243.00 19.940.20 100% 0.00 0.00 415-1-9 REINFORCING STEEL FOR APPROACH SLABS LBS 15.832.00 1.40 22,164.80 15.832.00 ' 22.164.80 ' 000 15.832.00 22,164.80 100% 000 450.88-18 18'X4'51X36' PRESTRESSED DECK SLABS LF 432.00 299.00 129 168.00 432.00 129.168 00 0.00 432.00 129,168.00 100% 0.00 0.00 450.88-18A 18'X4'8"X36' PRESTRESSED DECK SLABS LF 72.00 299.00 21.528.00 72.00 21.528.00 0.00 72.00 21.528.00 100% 0.00 0.00 455.14.5 81(8'X14' PRECAST CONCRETE SHEET WALL LF 56.00 326.00 18,256.00 56.00 18.256.00 0.00 58.00 18.256.00 100% 0.00 0.00 455-14-5A 8-X8'X14' PRECAST CONCRETE SHEET WALL LF 308.00 201.00 61.908.00 308.00 61,908.00 0.00 308.00 61,908.00 100% 0.00 0.00 455-34.2 14' SOUARE X 30' MINIMUM (WING BENT) LF 360.00 52.00 15,720 00 360.00 : 18.720.00 0.00 360.00 18,720.00 100% 0.00 0.00 455-34-3 18' SQUARE X 45' MINIMUM LF 810.00 76.00 61.560.00 630 00 47.880 00 0.00 630.00 47.880.00 78% 180.00 13.680.00 455-143-3 16' SOUARE X 60' MINIMUM (TEST PILE) LF 12000 163,00 19.560.00 120.00 19.560.00 0.00 120.00 19.560.00 100% 0.00 0.00 460.70.2 ALUMINUM PEDESTRIAN/BICYCLE BARRIER RAIUN LF 74.00 53.00 3.922.00 74.00 , 3,922.00 0.00 74.00 3,922.00 100% 0.00 0.00 521-5-1 CONCRETE TRAFFIC RAILING BARRIER (32' F SHAT LF 37.00 218.00 8,066.00 37.00 8,066.00 0.00 37.00 8,066.00 100% 0.00 0.00 521.5.4 CONCRETE TRAFFIC RAILING BARRIER (32" VERTIC IS 37.00 250.00 9.250.00 37.00 9.250.00 0.00 37.00 9.250.00 100% 0.00 0.00 521-72-3 SHOULDER CONCRETE BARRIER WALL LF 72.00 408.00 29,376.00 72.00 . 29,376 00 0.00 72.00 29.376.00 100% 0.00 0.00 1050.112.12 4- PVC CONDUIT LF 148.00 18.00 2.664.00 376.00 6.768.00 0.00 376.00 8.768.00 254% .228.00 •4.104.00 SUBTOTAL SUBTOTAL1,291.�,225.20 0.00 1,295,515.25 0.00 -4.290.05 K:;.:27'="67,Y;..22 :o;cin7. • Ipr,i14b^i lrAF.A:• '+�k1:. i454., ti: Y:ti.' :..7;s?t;"y 1 ..•1c'[Hs+4St_`:,fir:.-,f•,• `T3 c.•:v` b+b5•:.rS:.'.-ES.:rt5•..._._'.)A, :.:..•. .1isra::.\-I'- :i1F^,_JF 4Ls:,, ;4N•'i? '3+!2�:�i+':d:.a c-v :4,i:;.;:�,;.d�4yEC:i%1:17.r.3xa4-Yu FORCE ACCOUNT LS 1 75.000.00 75.00000 0.00 0.00 0 0.00 0.00 0.00 1.00 75.000.00 WO - 3 ADDITIONAL PIPE 8 GRADING W OF 58TH •S OF 131 LS 1 33,421.33 31,421 33 100 33.421.33 0 00 1.00 33.421 33 100% 0.00 0 00 WO - 2 ADDITIONAL PIPE W OF 58TH -S OF 13TH LS 1 4,261.28 4.261.28 1 00 4.261.28 0.00 1.00 4.261.28 100% 0.00 0.00 W0 -6 NEW FENCE POST LS 1 523.09 523.09 1.00 ; 523.09 0.00 1.00 523.09 100% 0.00 0 . 00 .�.C••:�.!,�e •'i,A %v .:.1p:^.'.b:k,`,r,S7 +?4.l..�f...•3 {:i4.^:;X...�'-^.t.;�w�r�`::: L: :i»:.:��:!k�eYr.:41r r'..}3.«ii� t\ a�'':1..=., `1.-.'_4i).d r J'��', i.s;.f.,ti��!�taF4 .•SifirT:%�"::r�i;��tfr•y .7c�it. ` s".'r•4:i4 7}.-.1,`.\j,.-tr.+"r..;..T:.r:rl;ew' GRAND TOTAL _ TOTAL 1 1,368.225.20 11.333.720.95 1 0.00 _ 1,333,720.95 _ 0.00 70,709.95 .\ MOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED ANO COMPLETED TO DATE RETAINAGE AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR Page 2 of 2 S1433,720.1S 50.09 51233,720.11 S0.r1n SI.3313.720.1S, S1200,344A V 5133-)7I.Ir 2. Updated Construction Schedule per pDecifica ion Sect: on 01310, and Dated September 4, 2015 By: STATE OF FLORIDA COUNTY OF ST LUCIE (CCN an Office Page 2 of 5 OR — must be signed by f the Corporation) Larry T Dale, President Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Larry T Dale , who being by me first duly sworn upon oath, says that he/she is the _President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 4th day of September , 20 15 . Larry T Dale is personally known to me or has produced as identification. (SEAL) NOTARY PUBLIC: Zig e za ) Printed name: gELEP.A G. RENNEY Commission No.: NOTARY PUBLIC STAB OF FLORIDA Commission Expiration: .. v4E063327 d1 EXpAres 4J5/2016 ********************* A*SAA*** ************ ********** * ,t****W****************** [The remainder of this page was left blank intentionally] 3980 - 9 Retainage 00622 - 2 Z:\My Documents\Excellspecial est forms13980 - 13th Streetl3980 - 9 Retainage.doc Rev. 05/01 88 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Travelers Casualty and Surety Company of America Page 3 of 5 ,a corporation, in accordance with Public Construction Bond Number 106030386 hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: 4 -41 -ed Secretary STATE OF North Carolina COUNTY OF Buncombe Travelers Casualty and Surety Company of America Corporate Surety One Tower Square Hartford, CT 06183 Business Address BY: /:�i% Print Name: Karen K. Beard Title: Attorney -in -Fact and Florida Licensed Agent (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Karen K. Beard , to me well known or who produced N/A as identification, who being by me. first duly sworn upon oath, says that he/she is the Attorney -in -Fact for Travelers Casualty and Surety Company of America and that he/she has been authorized by Travelers Casualty and Surety Company of America to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 3rd day of September , 20 15 . had( Notary Public, State of North Carolina My Commission Expires: September 22, 2017 [The remainder of this page was left blank intentionally] 00622-3 Z\My Documents/Excel special est forms\3980 - 13th Street\3980-9.doc Rev 0501 3980-9 11 89` TRAVELERS J Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 223206 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006268710 KNOW ALL MEN BY THESE PRESENTS. That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville , State of North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of February 2015 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company z.LpRPORgTf 21 1S88L.D By. Robert L. Raney, enior Vice President On this the 17th day of February 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016 58440-8-12 Printed in U.S.A. V�Q/ltA. C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 Page 4of5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated - / -- /5— CERTIFICATION 5 CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or, not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated /c/ - I /C SIGNATURE *****************AAAkAAAAAAAAkAAA***It *** [The Remainder of This Page Was Left Blank Intentionally] 3980 - 9 Retainage 00622-4 ZWIy Documents \Excehspecial est forms \3980 - 13th StreeR3980 - 9 Retainage.doc Rev. 05/01 91 INDIAN RIVER;COUNTY, FLORIDA MEMORANDUM CONSENT $E TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Change Order No. 2 Martin Luther King Walking Trail IRC Project No. 1413 Bid No. 2015034 DATE: October 12, 2015 DESCRIPTION AND CONDITIONS In the fall of 2014, the State Department of Environmental Protection — Office of Recreational Trails announced that Indian River County was the recipient of a $150,000 grant to construct a trail at the Historic Macedonia Church and Gifford Health Center on 28`h Court in Gifford. On May 19, 2015 the Board of County Commissioners approved awarding Bid No. 2015034 to Timothy Rose Contracting, Inc. for construction of the trail. Through coordination with Gifford Community Leaders and Indian River County Health Department staff, it was determined that a number of enhancements to the trail would add value to the project and facilitate access to the trail, ensuring a better experience for all users. Those enhancements included additional paved parking in the vicinity of the trail and a number of miscellaneous improvements, such as playground equipment, water fountains, benches and new bus shelters on the Health Department property. FUNDING To pay for these enhancements, which are not eligible expenses under the Recreational Trails Program (RTP) grant, the project received financial contributions from a number of parties. These include commitments from the Indian River County Health Department under its Sapphire Grant award program; a contribution from the Indian River County Hospital District; and a private contribution from the Grand Harbor Homeowners Association. Small amounts of funding are also included from the County's Tree Mitigation Fund and from the Public Works Department. To expedite construction of the project and to ensure that construction of both the trail and the trail enhancements are properly coordinated, all construction is being undertaken by Timothy Rose Contracting, Inc. To complete construction of both the trail project and the enhancements, staff has prepared Change Order Number 2 (Attached). Funding for Change Order No. 2 is budgeted and available from the following accounts: MPO Fund/Planning/Martin Luther King 12420415-066510-15014 Walkway FDEP RTP Grant $150,000 Parks/Landscape Materials 11721072-035340 Tree Mitigation Fund $5,421 Parks/Other Machinery & Equipment 00121072-066490 Health Department Sapphire Grant Award $67,500 92 Page 2 Change Order No. 2 Martin Luther King Walking Trail For October 20, 2015 MPO Fund/Planning/Martin Luther King Walkway Hospital District Contribution Approved 12420415-066510-15014 $15,000 MPO Fund/Planning/Martin Luther King 04.;: 12420415-066510-15014 Walkway Grand Harbor Homeowners if 1 �1 $5,000 Association ] k - 4, ` 0 L.7 General Fund Contingency Ohn-' 00119981-099910 Engineering Cie); $44,079 TOTAL $287,000 The funding table above includes all project expenses for the Martin Luther King Walking Trail. These include playground equipment funded by the Health Department Sapphire Grant ($53,775), benches funded by Grand Harbor Homeowners Association (about $2,500) and other design and permitting costs. RECOMMENDATION Staff recommends approval of Change Order No. 2 to Timothy Rose Contracting, Inc. increasing the contract amount by $67,446.95 for a new contract total of $211,375.67. ATTACHMENTS 1. Change Order No. 2 2. Description of Itemized Changes for Change Order No. 2 DISTRIBUTION 1. Timothy Rose Contracting, Inc. 2. Deward Howard, Jr., Construction Coordination Manager 3. Rick Mathis, Senior Engineering Inspector 4. Andrew Sobczak, MPO Senior Planner APPROVED AGENDA`'/ITEM FOR �G��f oPiej a%d/.5 Indian River County Approved Date Administration 04.;: %0At/ S Budget if 1 �1 10/14( 1.5 Legal ] k - 4, ` 0 L.7 Public Works Ohn-' r0/i3/1S Engineering Cie); /0h3l (s" 93 SECTION 00942 - Change Order Form No. 2 DATE OF ISSUANCE: 10/20/2015 EFFECTIVE DATE:10/20/2015 OWNER: Indian River County CONTRACTOR TIMOTHY ROSE CONTRACTING, INC. Project: Martin Luther King Walking Trail OWNER's Project No. 1413 OWNER'S Bid No. 2015034 You are directed to make the following changes in the Contract Documents: Description: Construct additional improvements as listed in the attached quote. Reason for Change Order: It has been necessary to add certain items to the project to address unforeseen site issues, site safety issues, and to add additional improvements to the project that were not originally shown on the plans at the time the project was bid. Some of the additional improvements were requested by the Health Department to enhance the project and some were requested by the Community as the project progressed. Attachments: (List documents supporting change) Description of Itemized Changes, Timothy Rose Contracting, Inc. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $128.723.60 120 (10/10/2015) Net Increase from previous Change Order No. 1: $15.205.12 Contract Time prior to this Change Order: Substantial Completion: Final Completion: Contract Price prior to this Change Order: $143,928.72 Net change for this Change Order Substantial Completion: Final Completion: Net increase of this Change Order. $67.446.95 (days or dates) 90 (9/10/20151 Contract Price with all approved Change Orders: $211.375.67 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates)• 90 (9/10/2015) 120 (10/10/2015) Net change from previous Change Orders No. 1 Substantial Completion: Final Completion: (days) 0 0 Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) 90 (9/10/2015) 120 (10/10/2015) Net change for this Change Order Substantial Completion: Final Completion: (days or dates) 0 0 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 90 (9/10/20151 120 (10/10/2015 ENGINEER (Signature) Date: (o / 3// APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form REV 04-07.doc 00942 - 1 C: UsenriOwneMppDataU-ocaOMicrosdtWindowc\Temporary Internet Fllea'ContentOutlookLL85KPK9W10942 - Change Order Form REV 04-07.doc Rey. 0901 August 17, 2015 Timothy Rose Contracting, Inc. 1360 Old Dixie Highway SW, Suite 106 Vero Beach FL 32962 (772) 564 7800 Phone (772) 564 7888 Fax Timrose7Cacomcast. net Martin Luther King Walking Trail — Quote - REVISED Health Department Hospital Clear North End of Health Department Clear Perimeter Drinking Fountain Stabilized Subbase — 86 sq yds @ $15.00 Sidewalk and Bench Pads — 83 sq yrds @ $36.35 40 x 60 Parking Lot Stabilized Subbase — 232 sq yds 40 x 60 Parking Lot 6" Concrete — 266.66 sq yds 12 Loads General Fill @ Tree & North End Trail 20ft — 8" PVC @ Tree 5 Tons - #57 Stone 300 sq ft Cloth at Tree Additional Earthwork — Center Strip Trail 270.44 sq yds — Additional Millings 3933 sq yds — Stabilized Subbase @ $4.00 53.34 sq yds — 6" Concrete @ $36.35 sq yds Sod — 3261 sq yds @ $2.55 sq yds Garbage Removal 12 Loads Removed, Hauled to Landfill 12 Loads Hauled Loads Trucking — 15 Hours 12 Loads Garbage @ $75.00 32 Hours labor — Hand Pick Garbage Sincerely Timothy Rose Additional Concrete: 5x15 Drinking Fountain 21x5 At most northern crosswalk 3x10 Angle piece where path does not meet crosswalk 45x6 At existing bus pick up Total of 53.34 Sq Yds Extra $2500.00 $5600.00 $2560.00 $1290.00 $3017.05 $5730.00 $9693.09 $1440.00 $160.00 $375.00 $105.00 $1500.00 $2068.86 $15,732.00 $1938.91 $8315.55 $2171.49 $1350.00 $780.00 $1120.00 TOTAL $67,446.95 95 ii INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Joseph A. Baird, County Administrator Christopher R. Mora, P.E. Public Works Director James D. Gray, Jr. Coastal Engineer CONSEN FIND Project Agreement No. IR -15-01 Small Scale Derelict Vessel Removal Program October 12, 2015 DESCRIPTION AND CONDITIONS With the assistance of the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement (FWC), the County has identified two (2) derelict vessels in the Intracoastal Waterway near Sebastian. Derelict Vessel 1 (DV -1) is a partially sunken 32 ft. cabin cruiser located northeast of Captain Hiram's and Derelict Vessel 2 (DV -2) is a 27 ft. Watkins Sailboat located on the southwest side of spoil island No. 1. Since these vessels pose potential public safety and environmental hazards they need to be removed from the waterways. Both vessels have been classified as derelict and are authorized for removal in accordance with the provisions of Sections 705.103 and 823.11(1)(a), Florida Statutes. Staff has applied for and received the required Florida Department of Environmental Protection Permit No. 31-0337600-001 and the US Army Corps of Engineers Permit No SAJ-2015-03075 (NW -TSD) authorizing the removal of DV -1 and DV -2 from the waterways. Although not currently designated as derelict vessels (still in the Florida Statute process), there are two (2) additional vessels (PV -1 and PV -2) located within Indian River County that are considered "at risk" which may need to be removed in the future. As such, staff has also received the required removal permits in'the event the "at risk" vessels become designated as derelict. Maps identifying the locations of the derelict and "at risk" vessels are included in this agenda item. F•\Public WorksVamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant ICW-IR-15-01\FIND Small Scale Derelict Vessel Removal Program Project -- Grant No. ICW - IR -01 — Agenda Item 10-20-15.docx 96 Page 2 Agenda Item For 10-20-15 BCC Meeting FIND Project Agreement No. IR -15-01 October 12, 2015 Staff has received three (3) quotes for the removal of DV -1 and DV -2. The lowest, most responsive proposal was received from CCNK LLC AKA Absolute Marine located in Melbourne, FL in the amount of $5,900. Through a Small Scale Derelict Vessel Removal Program, Florida Inland Navigation District (FIND) provides funding assistance for the removal of eligible derelict vessels along the Intracoastal Waterway. FIND has issued Agreement No. ICW-IR-15-01 to commit grant funds for the partial reimbursement of removal costs for DV -1 and DV -2. The attached agreement commits up to $8,000 at a cost share ratio of 75% FIND — 25% Local. The total local share under this agreement is $2,000 with a maximum FIND reimbursement of $6,000. Staff requested additional funds in the event the "at risk" vessels become designated as derelict. FUNDING Matching County funds are available and will be provided by the Florida Boating Improvement Fund Account No. 13321072-033490. RECOMMENDATION Staff recommends the Board approve FIND Project Agreement No. IR -15-01 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. Following Board approval, the County will transmit both partially executed Agreements to FIND for final signatures. Upon receipt of the fully executed original FIND Project Agreement No. IR -15-01 from FIND, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENTS 1. FIND Project Agreement No. IR -15-01 (2 original copies) 2. Indian River County Grant Form No. FIND IR -15-01 3. Derelict and "at risk" location maps APPROVED AGENDA ITEM FOR October 20, 2015 Indian River County Approved Date Administration ..� i,4. OAS 75 �5 Budget ( 414115 Legal •I V • eia tD-(r+1) Public Works � 427'5' Coastal Engr. Division JDG IOI1?J15 F.\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant ICW-IR-15-01\FIND Small Scale Derelict Vessel Removal Program Project -- Grant No. ICW -1R-01 — Agenda Item 10-20-15.docx 97 COMMISSIONERS J. CARL BLOW CHAIR ST. JOHNS COUNTY DONALD J. CUOZZO VICE -CHAIR MARTIN COUNTY JON NETTS TREASURER FLAGLER COUNTY SUSANNE McCABE SECRETARY VOLUSIA COUNTY E. TYLER CHAPPELL FROWARD COUNTY T. SPENCER CROWLEY, 111 MIAMI-DADE COUNTY DON DONALDSON ST LUCIE COUNTY PAUL U. DRfTENBAS INDIAN RIVER COUNTY CHARLES C. ISIMINGER PALM BEACH COUNTY JERRY H. SANSOM BREVARD COUNTY MICHAEL O'STEEN DUVALCOUNTY LYNN A. WILLIAMS NASSAU COUNTY MARKT CROSLEY EXECUTIVE DIRECTOR JANET ZIMMERMAN ASSISTANT EXECUTIVE DIRECTOR FLORIDA INLAND NAVIGATION DISTRICT September 14, 2015 Mr. James Gray, Coastal Engineer Indian River County 1801 27th Street, Bldg. A Vero Beach, FL 32960 RE: 2015 Indian River County Small -Scale Derelict Vessel Removal Program Project # ICW-IR-15-01 Dear Mr. Gray: At their meeting on September 12, 2015, the District Board approved your funding request for the above referenced project. On behalf of the District, I would like to say we are pleased to offer funding assistance of up to 75% reimbursement of total costs, in the amount not to exceed $6,000.00 for this effort. These types of projects continue to be very successful in removing derelict vessels and associated debris from our waterways and raising public awareness about the need to protect and manage our valuable natural resources. I have attached two copies of our standard Small -Scale Derelict Vessel Removal Agreement, the policies for this program and your approved cost estimate. Please execute and return both copies and I will return a signed original to you for your records. Please contact me if I can be of further assistance and best of luck with this effort! Sincerely, Janet Zimmerman Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www.aicw.org 98' ATTACHMENT 1 AGENDA COPY SMALL-SCALE DERELICT VESSEL REMOVAL PROJECT AGREEMENT PROJECT NO. ICW-IR-15-01 This Agreement is entered into this day of , 20 by and between the FLORIDA INLAND NAVIGATION DISTRICT ("FIND") and INDIAN RIVER COUNTY (the "Project Sponsor"). Nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28 Florida Statutes. WHEREAS, Project Sponsor has requested that FIND provide a portion of the funding needed for a Small -Scale Derelict Vessel Removal Project in Indian River County, as detailed in Exhibit A; and WHEREAS, FIND is willing to provide such assistance for the removal of eligible derelict vessel(s) along the Intracoastal Waterway in Indian River County, subject to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. Subject to the provisions of this Agreement, Project Sponsor shall coordinate the work for the Project. Project Sponsor agrees, with respect to the Project, that as between the parties to this Agreement, it shall be solely responsible for any claims for damages resulting therefrom. Project Sponsor agrees to indemnify FIND, its Commissioners, employees, and agents, from any and all liabilities, claims, costs, damages, and expenses (including court costs and attorneys' fees) arising from or related to Project Sponsor's actions regarding the Project. 2. FIND shall provide an amount not to exceed $6,000.00 for the components of the project set forth in Exhibit A, with FIND paying the Project Sponsor up to seventy-five percent (75%) of the amount actually expended for each component, up to the amount listed on Exhibit A for said component, which shall also be in compliance with the District's policy on Small - Scale Derelict Vessel Removal projects Exhibit C. 3. The funds to be provided by FIND to the Project Sponsor hereunder will be paid within thirty (30) days of receipt by FIND of a request for payment accompanied by supporting documentation showing expenditures equal or greater to the amount being sought from FIND. 99 4. The Project Sponsor, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit B), and (4) submission of a photograph(s) of the completed PROJECT(s). 5. Project Sponsor shall, upon request by FIND, provide a report of final expenses incurred on the Project. The Project Sponsor shall also retain all records supporting costs of the Project for three (3) years after the end of the fiscal year in which the Project is completed, except that such records shall be retained by Project Sponsor until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 6. If Project Sponsor shall fail to fulfill in a timely and proper manner the obligations under this Agreement, or if Project Sponsor shall violate any of the covenants, terms, or stipulations of this Agreement, FIND shall thereupon have the rights to terminate this Agreement. Notwithstanding the above, Project Sponsor shall not be relieved of liability for damages or expenses as contemplated herein sustained by FIND by virtue of any breach of the Agreement by Project Sponsor. 7. Any notice or other written communications between Project Sponsor and FIND shall be considered delivered when posted by certified mail or delivered in person to the respective party at the address indicated below: To FIND: To the Project Sponsor: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attention: Executive Director Indian River County 1801 27th Street, Bldg. A Vero Beach, FL 32960 Attention: Coastal Engineer 100 8. This instrument embodies the entire agreement of the parties. There are no provisions, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation or agreements, either verbal or written between the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 9. This Agreement shall be interpreted and construed pursuant to the laws of the State of Florida. In the event of any litigation arising hereunder, the venue of any such litigation shall be had only in the courts of Palm Beach County, Florida. 10. The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Neither party may,assign this Agreement nor any interest hereunder without the express prior written consent of the other party. 11. Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: APPROVED AS TO FO..O AND GAL S U F F1' CC IE N C.Y i3Y mum r,. OE?P4AL DEPUTY COUNTY ATrORN Y 101 Exhibit A FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE DERELICT VESSEL REMOVAL PROGRAM APPLICATION PROJECT COST ESTIMATE (See Rule Sections 66B-2.005, 2.008 & 2.015 for eligibility and funding ratios) APPLICANT: INDIAN f.i bf . (loo PROJECT: O UUCF VESSEL gMOW VESSEL LOCATION AND IDENTIFICATION: See aT11 !1EO Miff Project Elements (Please list the project cost elements and provide a general cost break out for each one.) I. DY FIVNE -15 'OFF -Ool(Sg 3L FT 016IN cgOis - (Dv-) Quantity Estimated Cost (Number or cost per vessel ) i 31 WO Applicant's Cost 4 200 FIND Cost ` 2_1400 2. DV FWI&- l4 -OFF -001-009 Zt FT RATKINS S ILWf1T (DY -2) 1 2 -too 4 63.5 -s?o as . 3_ CONTitJ( JC4 ItJ Y1E EU' G'f MIK P 1[ COi s / 1,100 15.6 $ I'SrS * * TOTALS = Form No. 01-06 (New 04-24-06) $ 51 00 0 $ ',COO r $ 6,000 Agenda - 10 - C-3 102 Sponsor: ATTACHMENT B FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE'DERELICT VESSEL REMVOAL PROGRAM Project Completion Certification Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20 , and that all funds were expended in accordance with Attachment "A" and Paragraph 2 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) 103 ATTACHMENT C Small -Scale Derelict Vessel Removal Projects Rule (Rule 66B-2.015) Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost -share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B- 2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. 104 ATTACHMENT 2 GRANT NAME: 2015 Small Scale Derelict Vessel Removal Program AMOUNT OF GRANT: $8,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: GRANT No. FIND IR -15-01 James D. Gray, Jr. TELEPHONE: ext. 1344 1. How long is the grant for? Unspecified Starting Date: Upon grant execution YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 25.00 % 5. Grant match amount required $2,000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Matching funds will be provided by the Florida Boating improvement Fund Account No. 13321072-033490. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will,be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Third Year 011.13 Other Salaries & Wages (PT) Fourth Year $ Fifth Year 012.11 Social Security 1 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, cap'tal; start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Other Match Costs Not Covered Match Total $ $ Date: 101)7 11 5 105 f�. Grant Amount First Year $ Second Year $ Third Year $ Fourth Year $ Fifth Year e $ 1 Signature of Preparer: Other Match Costs Not Covered Match Total $ $ Date: 101)7 11 5 105 ATTACHMENT 3 Locations of Derelict Vessels Indian River County, Florida WirpE MoD3 COlDNGO De.scri s tion DV -1 Derelict Watkins Sailboat "Island Hopper" DV72 Derelict ' . Cabin Cruiser . PV -1 Pending Penn Van Cabin Cruiser "Reel Time" PV -2 Pending • Sea Raytabin Cruiser Legend ysitZ Derelict Vessels yid Pending .s..County Boundary / " rr-. Municipal Boundaries Seagrass Patchy Seagrass Continuous, Dense Seagrass Document Path: U AProyeetsWu bhcWorkstCoastalE npkneertn020 I 5_08060erelectVessels_JGraytDerelteVessels_201 5_080 7, mad Map Date: 8r20/2015 106 ATTACHMENT 3 a:t'tr� Jf Locations of Derelict Vessels .4!!;1,101 Indian River County, Florida 131ST ST Legend ffi Derelict Vessels Navigational Aids • rr 1 Municipal -r Boundaries Seagrass W Patchy Seagrass c:3 Continuous, Dense Seagrass MAIN ST Occument Patti: UlPmpcts1PuabcWo, .= noineenn 020 I 50e06_13eielct_Vessels_JGra5lDerclaNessets_2015 0819_OdearAm.d Map Date: 8/10/2015 107 ATTACHMENT 3 jy.•eR,: Locations of Pending Derelict Vessels Lifj Indian River County, Florida _t, Y TA D 7,L, \ st‘, '.....-c;....;.: , d • - O n 0 '09�� 73 �'K shote 11 NARBOR• • Q. • Indian t 'tea River _`` T ,� IR276 Lagoon -•I 7 7 v 1 45TH ST (Al GIFFORD RD) R1V�� RIVERWIND 13 CONN WAY HOLLY RD GREYTWIG RD Navigational Aids • i l Seagrass 4 I I— Patchy Seagrass o W Continuous, Pyr - t Dense Seagrass JNG GOLF VIEW DR i J EUGENIA RD - ok ._A— LI ALEX PA BOAM • ATM•BASIN LRK; ER 05- ROG,�.-. A MERRILY BAS . •_ 0.125 0.25 G QLP� DR0.5 Miles Document Pell: U?Pro ec PubkCYWrkVG+es rglneermTplS efi0fi Oe21e1_Vessels_JCrrylOemlCNessels_2015 4819 PmAmp 2 mad Map Date: 8/20/2015 108 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director riv\ FROM: Andy Sobczak; Senior Transportation Planner it) DATE: October 12, 2015 SUBJECT: Agreement with the State Department of Environmental Protection for Maintenance of the Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State Park It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 20, 2015. DESCRIPTION, CONDITIONS & ANALYSIS The Trans -Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO. Recently, FDOT began the process of designing and constructing all unbuilt portions of the Trans -Central Florida Railroad Trail east of I-95 and an overpass at I-95 linking the trail to the Fellsmere area. In order to enable FDOT to proceed with construction of the trail, Indian River County must adopt the Memorandum of Agreement (MOA) with FDEP committing the County to maintain those portions of the trail constructed in the St. Sebastian River Preserve State Park. With respect to the request, Community Development Department staff has coordinated with Public Works staff regarding the proposed maintenance agreement and Public Works has agreed to perform the requested maintenance. It should be noted that, in order to enable FDOT to begin construction, the County must also enter into an agreement with the State Division of Lands dedicating a trail easement to the County. That agreement will be considered as a separate agenda item, also considered for approval at the October 20, 2015 BCC meeting. F \Community Development \ Users 'MPO\Meetings\BCC1201Mired maintenance MOA with DEP.docx 109 FUNDING This action extends current trail maintenance by a short distance over a new segment of trail. The cost to the County of the proposed action is negligible. RECOMMENDATION Staff recommerids that the Board of County Commissioners approve the attached Memorandum of Agreement with the State Department of Environmental Protection - Division of Recreation and Parks for maintenance of the Trans -Central Florida Trail in St. Sebastian River State Park ATTACHMENT 1. FDEP Memorandum of Agreement Regarding Maintenance of the Trans -Central Florida Trail in St. Sebastian River State Park F\Community Derelopment\Users'MPO\Meetings\BCC\2015\trail maintenance MOA with DEP.docx 110 11 Indian River Co, Approved Date Admin. ��• /O0S1/$ Legal / .t ' Isr 10r 1i1.-1--C— Budget Budget `I' ,d//¢,5 Dept. /6//eltr Risk Mgr. 110 11 MEMORANDUM OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. DIVISION OF RECREATION AND PARKS AND INDIAN RIVER COUNTY, FLORIDA REGARDING MAINTENANCE OF THE TRANS FLORIDA TRAIL IN ST. SEBASTIAN RIVER PRESERVE STATE PARK THIS MEMORANDUM OF AGREEMENT, hereinafter referred to as "MOA," is hereby made and entered into on this day of , 201_, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS, hereinafter referred to as "GRANTOR" and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "GRANTEE" WITNESSETH WHEREAS. GRANTEE is designing, permitting and will construct a portion of the public shared -use trail known as the Trans Florida Trail ("TRAIL") within the boundaries of St. Sebastian Preserve State Park ("Park" or "premises"), Indian River County, Florida, which is administered by GRANTOR, and WHEREAS, GRANTOR manages the Park under the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board of Trustees") Lease No. 4397 and WHEREAS, GRANTOR is willing to allow GRANTEE to construct and to maintain the TRAIL as depicted and described in the Trans Florida Trail Map, attached hereto as Exhibit "A" and made part hereof. NOW THEREFORE, in consideration of the faithful and timely performance of and compliance Nvith all the terms and conditions stated herein, GRANTOR does hereby grant to GRANTEE, the right to use the premises subject to the following terms and conditions: I DELEGATIONS OF AUTHORITY GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of Recreation and Parks, State of Florida Department of Environmental Protection, pursuant to Delegations of Authority DEP 150 DRP 26, dated April 1, 2003 2. TERM This MOA is for a period commencing on the execution date of this MOA and ending on March 28, 2046, the current expiration date of GRANTOR'S Lease No 4397 from the Board of Trustees, unless sooner terminated by GRANTOR. If Board of Trustees' Lease No. 4397 to GRANTOR is renewed, it is the intent of GRANTOR and GRANTEE to renew this MOA prior to its expiration date, to be coterminous with the lease renewal expiration date. 3 EXTENT OF AGREEMENT This MOA covers the use of the premises for the purposes of conducting the following activities: day to day TRAIL operations and maintenance of all TRAIL paving, drainage structures and all other TRAIL appurtenances and accessories constructed or installed by GRANTOR. 4 TERMINATION: 4 1 This MOA may be terminated by GRANTOR upon such notice as GRANTOR deems appropriate under the circumstances in the event it is determined that termination is necessary to protect the public health, safety or welfare, or the interests of the Board of Trustees. 111 ,itl'il"(!! iii:!",'di :I!I i<!1 �.a C',"i� i(R I:IF!k 12.1!I '.if:!',.: I'kl x;-10! 4.2 This MOA may be terminated by GRANTOR for cause Termination pursuant to this section shall include, but not be limited to, failure to suitably perform the work or failure to continuously perform GRANTEE'S work in a manner calculated to meet or accomplish the objectives of GRANTOR as set forth in this MOA. 4.3 Notice of termination shall be provided in accordance with Paragraph 25 of this MOA. 5 UNDUE WASTE. GRANTEE shall not commit undue waste to the premises. GRANTEE shall restore landscape features damaged during construction to the satisfaction of the manager of the Park ("Park Manager"). Vegetation shall be replaced with plants approved by the Park Manager and district biologist. 6 CONFORMITY This MOA shall conform to all terms and conditions of the Board of Trustees' Lease No. 4397 and any subsequent management lease from the Board of Trustees, as lessor to GRANTOR, as lessee. 7 RIGHT OF INSPECTION- GRANTOR or its duly authorized agent shall have the right at any time to inspect the works and operation of GRANTEE pertaining to this MOA. 8. PROPERTY RIGHTS This MOA constitutes permissive use only, and the placing of permanent facilities or related structures upon the premises, other than the improvements designed, constructed or installed by GRANTEE as part of the Trans Florida Trail project or additional improvements that may be approved by GRANTOR, is prohibited. GRANTEE agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises, by virtue of this MOA or its occupancy or use hereunder 9 USE OF PROPERTY This MOA shall be non-exclusive. GRANTOR, or its duly authorized agent, shall retain the right to enter the premises covered by this MOA or to engage in management activities not inconsistent with the Park's land management plan and the use herein provided for, and GRANTOR shall retain the right to grant compatible uses of the premises subject to this MOA to third parties during the term of this MOA. 10 NO INTEREST IN LAND- The parties agree that the rights herein conveyed by this MOA are permissive rights only and shall not operate to create or vest any real property rights or interest in GRANTEE. I 1 LIABILITY Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. APPLICABLE LAW This MOA shall be interpreted and construed in accordance with and govemed by the laws of the State of Florida. 13 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOA and executed by GRANTOR and GRANTEE. 14 ENTIRE AGREEMENT This MOA incorporates and includes all prior negotiations, correspondence conversations, agreements. and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings conceming the subject matter of this MOA that are not contained in this MOA. Accordingly, the parties agree that no deviation from the terrns hereof shall be predicated upon any prior representations or agreements. whether oral or mvritten. It is further agreed that no modification, amendment or alteration in the terms and conditions Page 2 of 7 112 '•i�- nl-N'I'!F,i)I:hA.,11 hila},\'. lov[1:lt''irY 1'()It I'1 (:.; ik.�\�I'I. Ili All AT ST z.ERAsTIAN RIVER I'R1-S;i1+1'li PARK contained herein shall be effective unless contained in a written document in accordance with Paragraph 13 above. 15 SUCCESSION OF AGREEMENT This MOA and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 16. ASSIGNMENT This MOA is personal to GRANTEE and may not be transferred or assigned without the prior written approval of GRANTOR. Notwithstanding the foregoing, GRANTOR and GRANTEE recognize and agree that some or all of the activities permitted under this MOA may be performed by GRANTEE or GRANTEE S contractor under separate agreement with GRANTEE. Such performance by GRANTEE'S contractor does not create or impose any duty or responsibility between GRANTOR and GRANTEE, nor does it relieve GRANTEE of any duty, responsibility, or liability under this MOA. I7 REMOVAL OF DEBRIS GRANTEE shall clear, remove and pick up all of GRANTEE'S and its contractor's debris including but not limited to herbicide containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of the same offsite in such a manner as to leave work locations clean and free of any such debris on a daily basis. 18. ARCHAEOLOGICAL AND HISTORIC SITES Execution of this MOA in no way affects either of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Division of Historical Resources of the State of Florida Department of State ("DHR"). If a historical site is uncovered during the duration of this project, GRANTEE will be responsible for any associated costs, such as archaeological testing and excavation, required by DHR. 19 TRIPLICATE ORIGINALS. This MOA is executed in triplicate originals each of which for all purposes shall be considered an original 20 COMPLIANCE WITH LAWS This MOA is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida, the United States or of any political subdivision or agency thereof. 21 RESPONSIBILITY FOR COMPLIANCE. The parties hereto contemplate the performance of all or a part of the activities authorized herein by GRANTEE. Notwithstanding the foregoing, GRANTEE shall bear the full and ultimate responsibility and liability to GRANTOR for the faithful and timely compliance with the terms and conditions set forth herein. 22. TITLE. GRANTOR neither warrants title to the premises nor guarantees the suitability of the premises for any particular use. 23 DAMAGE. GRANTEE shall not damage the premises, or unduly interfere with public or private rights therein. 24 TERMINATION GRANTEE by acceptance of this MOA, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of GRANTEE; its successors and assigns. In the event GRANTEE fails or refuses to comply with the provisions and conditions herein set forth or in the event GRANTEE violates any of the provisions and conditions herein, GRANTOR, shall give notice to GRANTEE that curative action must be completed within thirty (30) days. In the event that the matter is not resolved within the thirty (30) day curative period, GRANTOR may elect to terminate this MOA by means of a letter of termination. In the event that this MOA is terminated by GRANTOR, all rights inuring to GRANTEE or its successors shall cease upon the effective date of the letter of termination with the exception of those activities necessary to Page 3 of 7 113 \... i.01: 1 Ilial! AI'"1' S},,,'IIA' RIVER l`kF".1F demobilize and remove personnel and equipment, but GRANTEE'S obligations and responsibilities under Paragraph 26 of this MOA shall survive termination. 25 NOTICE. All notices given under this MOA shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253 04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. GRANTOR and GRANTEE hereby designate their address as follows: GRANTEE. Indian River County, Public Works Department 1801 271h Street Vero Beach, FL 32960 Attention. Chris Mora, Public Works Director GRANTOR. State of Florida Department of Environmental Protection Division of Recreation and Parks Office of Park Planning 3900 Commonwealth Boulevard Mail Station 525 Attention. Sine A. Murray, Environmental Administrator 26 REMOVAL OF EOUIPMENT Upon termination or expiration of this MOA, the removable equipment and removable improvements placed on the premises by GRANTEE that have not become a permanent part of the premises and are not desired by GRANTOR. shall be removed by GRANTEE, at its sole cost and expense, within thirty (30) days after the termination or expiration of this MOA. Further, GRANTEE shall restore the premises to substantially the same or better condition than it was upon the effective date of this MOA. 27 ENFORCEMENT OF PROVISIONS No failure, or successive failures, on the part of GRANTOR to enforce any provision nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right to GRANTOR to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 28 PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee title to the premises is held by the Board of Trustees and GRANTOR has a leasehold interest in the premises. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the premises including, but not limited to, mortgages or construction liens against the premises or against any interest of the Board of Trustees or GRANTOR therein. 29 PARTIAL INVALIDITY If any term, covenant, condition or provision of this MOA shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 30 SPECIAL CONDITIONS The following special conditions shall apply to this MOA. I GRANTEE shall give no less than 24 hour notification to the Park Manager and district biologist prior to entering the Park to conduct work at any time. 2. It is understood and agreed that the Park Manager or district biologist shall have the authority to direct GRANTEE or GRANTEE'S local representative onsite and to cease activities in cases where public safety is jeopardized or for failure to follow the project design, or if the work is causing other undesirable impacts to the Park's resources or safety 3 GRANTEE shall not remove or destroy any trees, shrubs, or other vegetation (other than targeted exotic species) in any of the areas where the project will take place, unless agreed upon in advance by the Park Manager or district biologist. Page 4 of 7 114 \1.)11'!;.11 r. !IR'', \ iI..i'lA'. !: `\ilk to R:',t'1 F(R, rill. i'R.s?„S P! IIi.UI ll el �Fn EE PARK <I IA': RIVER PRI SERVE-. 4 GRANTEE shall not dump or place soil or other substances or materials as land fill or dump or place trash, waste or unsightly offensive material anywhere on Park property 5 GRANTEE shall not negatively impact any state and/or federally listed plant or animal species. 6 GRANTEE shall not construct or place buildings, roads, signs. billboards or other advertising, utilities or other structures on or above the ground, except those that may be authorized in ‘writing by GRANTOR. 7 GRANTEE shall prevent exotic plants or animal species from entering the Park by making certain that all equipment brought onsite is washed and free of all vegetative debris (seeds, leaves, ‘woody material). GRANTEE will coordinate inspection of the equipment with the Park Manager or district biologist prior to entering the premises. 8. During the term of this MOA, GRANTEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the premises. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the premises. During the term of this MOA, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein, GRANTEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name GRANTOR, the Board of Trustees of the Internal Improvement Trust Fund, and the State of Florida as additional insureds. GRANTEE shall submit written evidence of having procured all insurance policies required herein to the Park Manager upon entering the Park and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Park Manager GRANTEE shall purchase all policies of insurance from a financially - responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. GRANTEE shall immediately notify GRANTOR and the insurer of any erection or removal of any building or other improvement on the premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. GRANTEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this MOA. 9 All herbicides used for exotic and nuisance plant removal shall be used in accordance with the State of Florida Department of Environmental Protection rules and the instructions printed on the herbicide label, and will be coordinated with the Park Manager 10 Maintenance schedules should be coordinated with the Park Manager for weekly trash pickup, and biweekly mowing during growing season. 11 Other maintenance items such as curb drops, uneven surfaces and painted markers/ bollards should be repaired immediately as safety items and visitor precautions should be posted until such repairs are completed. Page 5 of 7 115 \ BEV.' PI2P .?`.IJ !ll:\'. O IVE!: t't 1!i:; Il'Pt)1? 7111' IRANS 1,1 IR All ,\F'1'.SERASIIAN ki?"IRI'RISFi \'E s r lf f: PARK The parties have caused this MOA to be executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS By. Sine A. Murray„ Environmental Administrator Office of Park Planning "GRANTOR" INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By. Wesley S Davis, Chairman (Official Seal) "GRANTEE" L g ounty Attorney Consented to by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida on this day of , 20_ BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By' (SEAL) Cheryl McCall, Chief Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Approved for Form and Legality DEP Attorney Page 6 of 7 116 oR!•A^.!; . n[.:.;:ik. r. r,:r, i !c'R !!!P, FRA`:::-;ri TRAIL A.1 •!"1. tr;a r ' !I\'FRrar,r_;<'. I i• PARK Exhibit "A" Page 7 of 7 117 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA 8 N' TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIE; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director e/ FROM: Andy Sobczak; Senior Transportation Planner AS DATE: October 12, 2015 SUBJECT: Agreement with the State of Florida Division of State Lands to Obtain an Easement for Construction of the Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State Park It is requested that the information herein presented be given formal consideration by -the Board of County Commissioners at its regular meeting of October 20, 2015. DESCRIPTION & CONDITIONS The Trans -Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO. Recently, FDOT began the process of designing and constructing all unbuilt portions of the Trans -Central Florida Railroad Trail east of I-95, including an overpass at I-95, linking the trail to the Fellsmere area. In order to enable FDOT to proceed with construction of the trail, Indian River County must obtain a Direct Benefit Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida — Division of State Lands for construction and maintenance of a segment of the trail passing through property (St. Sebastian River Preserve State Park) owned by the State of Florida. It should be noted that the County must also enter into an agreement with the State Department of Environmental Protection (DEP) to maintain the trail once it has been constructed. That agreement will be considered as a separate agenda item, also scheduled for approval at the October 20, 2015 BCC meeting. F'\Community Development\ Users \MPO\Meetings\BCC\2015\Direct Benefit Easement.docx 1 118 for construction and maintenance of a segment of the trail through the St. Sebastian River Preserve State Park. That segment begins where the existing hiking trail ends (at a point approximately 1,000 feet west of the entrance to North County Park) and continues to the east boundary of the Fellsmere 392 Subdivision (a distance of approximately 4,000 feet). To finalize the easement request, the Board must approve the attached Easement Agreement with the state. To complete the process of trail construction, the County must agree to maintain the section of the trail constructed by FDOT in the St. Sebastian River Preserve easement. While those maintenance obligations are not affected by this agreement, dedication of the easement to the County is needed to enable FDOT to put the improvements in place through the Preserve. FUNDING There is no financial impact to the County of the proposed action. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached Easement Agreement and authorize staff to transmit the executed agreement to the State of Florida. ATTACHMENT 1. Agreement for Easement from the State of Florida for Construction of Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State Park APPROVED AGENDA ITEM: BY: /I I F\Community Development\Users\MPO\Meetings\BCC\2015\Direct Benefit Easement.docx 2 Indian River Co, Approved Date Admin. „M /d i6 6S Legal n'� ; i 0 - - Budget Nam 10 11 Dept. INEEIMErtel Risk Mer F\Community Development\Users\MPO\Meetings\BCC\2015\Direct Benefit Easement.docx 2 This Easement was prepared by. Diane L. McKenzie, AID 25015, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 OAE l [ 9 05 acres] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA DIRECT BENEFIT EASEMENT Easement Number 32851 THIS EASEMENT, made and entered into this day of 20 between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR". and INDIAN RIS ER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "GRANTEE" WHEREAS, GRANTOR is the owner of the hereinafter described real property which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS ("DRP") under Lease Number 4118 (also referred to as "managing agency") and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for the construction and maintenance of a segment of the Trans -Central Florida Railroad Trail; and WHEREAS; the managing agency has agreed to the proposed use of the land subject to this easement. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and aere,ments heronailer contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the Billowing described real property in Indian River County. Florida, to -wit (See Exhibit "A" Attached, the "Easement Area") subject to the following terms and conditions 1. DELEGATIONS OF AUTHORITY• GRANTOR'S responsibilities and obligations herein shall he exercised h) the Division of State Lands, State of Florida Department of Environmental Protection. 120' 1, 2 TERM• The term of this easement shall' be for a period of liliv )ears (50) commcnune on and ending on unless sooner terminated pursu:uu to the provisions of this easement. USE OF PROPERTY AND UNDUE WASTE. This easement upon and across the propert\ described in Exhibit A" shall be for the purpose of access, construction, maintenance and public use of a segment of the brans -Central Florida Railroad Trail (the "Trail") during the term of this easement. This easement shall he non-exclusive GR ANFEE shall be responsible for maintaining and repairing the Trail and related improvements within the Easement Area at its sole expense and in good. sale and workmanlike manner, free of all liens and in accordance with the requirements of all applicable governmental authorities. GRANTOR retains the right to engage in any activities on. over; across or below the Easement Area Lvhic h do not unic.,son.ihIL interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to thud parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder If timber is removed in connection with clearing this easement. the net proceeds dIcrn edl from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. (IRAN] I. -L shall not remove water from any source on this easement including, but not limited to; a watercourse, reservoir, spring or well without the prior written approval of GRANTOR. GRANTEE shall clear remove and pick up all debris including! hu( not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisl.ic tore manner as to leave the work locations clean and free of any such debris. GRANTEE. its agents. success(irs. or assigns sh,,ll not dispose of any contaminants including but not limited to, hazardous or tome substances, petroleum, fuel oil. or petroleum h) - products, chemicals or other agents produced or used in GRANTEE'S operations. on this easement or on any adjacent state land or in any manner not permitted by law GRANTEE shall be liable for all costs assouated with an L.Icanup ofthc subject pnopert\ which is a result of GRANTEE'S operations and use of the subject property Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is gr.inted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate If the lands described in Exhibit "A" are under lease to another agency GRANTEE shall obtain the consem :,: such agency prior to engaging in any use of the real property authorized herein. Page 2 of 1 1 Easement No. 32851 R 04/13 121 4. ASSIGNMENT• This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of (fRANTUR shall k. avoid fund without leeal effect. 5 RIGHT OF INSPECTION• GRANTOR or its duly authorized agents, representatives or employees shall havt. the right at any and all times to Inspect this easement and the works of GRANTEE in any matter pertain Ing to this casement 6 NON-DISCRIMINATION GRANTEE shall not discriminate aeainst any individual because of that individual's rage color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity \\ ithin this easement or upon lands adjacent to and used as an adjunct of this easement. 7 LIABILITY• GRANTOR does not warrant or represent that Easement Area is safe or suitable for the purpose Ibr which GRANTEE is permitted to use it, and GRANTEE and its agents, representatives, employees. and independent contractors assume.all risks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expens and, to the extent allowed by Section 768.28, Florida Statues, to Indemnify, protect. defend, save and hold harmless OR.\NTt1R and the State of Florida, its officers, agents and employees from any and all damages, claims; demands. lawsuits. cruse, of action. costs, expenses, attorney's fees or liability of any kind or nature arising out of all personal injury, or damages attributable to the negligent acts or omissions of GRANTEE and its agents, employees or independent contractors. (.GRANTEE shall \ont•n•t GRANTOR regarding the legal action deemed appropriate to remedy all matters indemnified for and defended aeamst herein GRANTOR shall have the absolute right to choose its own legal counsel in connection with all matters indemnified for and defended against herein at GRANTEE's expense. The GRANTEE shall maintain a program of Insurance covering its liabilities as prescribed by Section 768.28, F.S Nothing herein shall be construed as a waiver of sovereign immunity enjoyed h\ ,tn\ part\ hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. In the event GRANTEE subcontracts any part or all of the work performed in the Easement \rc;t.'the (_ARAN I I: L ,hall require each and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required h\ the GRANTEE. Any contract awarded by GRANTEE for work in the Easement Area shall include a provision whcrch� the GRANTEE's subcontractor agrees to indemnify, pay on behalf, and hold the GRANTOR harmless for all Injuries and danwges arising in connection with the GRANTEE's subcontractor's negligent acts or omissions 8 COMPLIANCE WITH LAWS. GRANTEE agrees that this easement is contingent upon and suhiect to (IRANI]. L obtaining all applicable permits and complying with all applicable permits. regulations. ordinances rules. and laws oldie ~tate of Florida or the United States or of any political subdivision or agency of either Page 3 of 11 Easement No. 32851 R 04/15 122 9 ARCHAEOLOGICAL AND HISTORIC SITES; Execution of this easement in no'\av alfects an ofth. parer i obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Horida Department of State, Division of Historical Resources. 10 PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to he done whicl, purports to create d lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to mortgagees or construction liens against the real property described in Exhibit "A•' or against any interest of GRANTOR tht.em 11 PARTIAL INVALIDITY• If any term, covenant, condition or provision of this easement shall he ruled hcourt of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and ellect and shall in 00 way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS- This easement does not authorize the use of any Mods located w;uemarc! of the mean or ordinary high water line of any lake, river, stream, creek, hay, estuary, or other water body or the ,paters or the air space there above. 13 ENTIRE UNDERSTANDING This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR 14. TIME. Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT. GRANTEE shall make available to GRANTOR all financial and other records relatne t this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term or this easemon This right shall be continuous until this easement expires or is terminated This easement may he terminated by (ARA Nil OR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or recei cd to COM WIC( on with this easement, pursuant to Chapter 119. Florida Statutes. 16 PAYMENT OF TAXES AND ASSESSMENTS. GRANTEE shall assume full responsibility for and shill pay all liabilities that accrue to the Easement Area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which mai he hereafter lawfully assessed .ind levied .ieainst this easement. Page 4 of 11 Easement No 32851 R ()4/l ; • 123 17. AUTOIIIATIC REVERSION: This easement is subject to an automatic termination and recersinn to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein_ and anv costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE. including attorneys' lees 18 RECORDING OF EASEMENT GRANTEE, at its own expense shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located c\ ithin CUM -teen d,,c s sifter receipt. ,iii,f shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entiretc \\ huh contains the O.R. Book and Pages at which the easement is recorded Failure to compb \vnh this paragraph shall consuunc grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19 GOVERNING LAW' This easement shall be governed by and interpreted according to the laws ofthe' ttie of florid,: 20 SECTION CAPTIONS Articles, subsections and other captions contained in this easement arc for reference purposes only and are in no way intended to describe, interpret. define or limit the scope. extent or intent of this eascmux or an pro\ i'.0 n'. thereof 21 SPECIAL CONDITIONS The following special conditions shall apple to this direct henetit casement A. County will design the Trail and all appurtenant infrastructure to the standards of the DRP All c onstruc non design plans will be reviewed and approved in writing by the DRI' and the Department s Bureau o1 Design and Construction (BDC') prior to the commencement of anv construction activities. All construction will comply with the Americans \\nh Disabilities Act ("ADA") and will be in accordance with Florida Department of Transportation s most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on l'inform '1 raltic Control Devices. B County will design and construct the Trail facility to retain natural hydrologic connections het i. ri surrounding wetlands severed by the construction of the railroad berm These eflorts may he construction of multiple c td\ cr, or by low-water crossings filled with ballast, both methods designed to be suitable for use by tiretighune equipment C. County acknowledges that prescribed burning is a land management practice used 1)RI' to mtanaec natural resources at St. Sebastian River Preserve State Park and that prescribed burning may result in lire or smoke \r ithin the Park D County will design and construct the Trail facility to be lulls functional as ,: tirc lin, tea\ ;sed i hca. firefighting equipment without damaging the trail surface and will ensure that all improvements are designed constructed Page 5 of 11 Easement No. 32851 R 04 1 County/Grantee within the Easement Area. L. Upon completion of construction of the recreational Trail, County/Grantee shall be full\ responsible for the maintenance of the improvements. Page 6 of 11 Easement No. 32851 R 04/15 124 125 M z U ,n ((0 (D (0 2ru - z 0 IJ CO L "---......s..iN� ,._RAONE. y ( I: LI NIL SW ,i4 1 S21-31-38; --.... / t-11-33' p i C 1 _ — >.----.„ ;rn c0;Z 7 63' / " 1 yµ /, SE: 21-31-35 DETAIL 'A' (NOT TO SCALE) SEBASTIAN CREEK STATE BUFFER PRESERVE z J Iz 59.. N ` / eo.6 . , f \-� - C/NF FSS AN(1 EXCEPT •• AREA ILYING /-'x (WITHIN VE R/V\ Fj i %�•�' ±ZT3p'3v 3 cc 3 DETAIL 'B' (NOT 10 SCALE) 0 100 200 400 I ! 1 GRAPHIC SCALE ( iN FEET ) SEBASTIAN STATE BUFFER PRESERVE PREPARED :'OR INOIAN RIVER CCU.JTY ENGINEEP'NG DEP...RTMENT LAD/4N R/t- R COUNT)' / SKETCH or DCSCR/..'T/oN roR DT�cNmes?1 0 l Pub/ic lf'or s 0..;/COh' __ t r ,.:;b: I i, .JI`.• F, /LS O 7;44/LS e ncineer,nc Div,s,or; D.5/1.0N ! ; r . 38(.1 !NCRESS, ECRPS_`; CAS AlT/V ' j INDIAN RIVER'COUNTY, FLORIDA MEMORANDUM i CONSENT AGENDA SL TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director p!1` FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: October 8, 2015 SUBJECT: Request for the Board of County Commissioners to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (Public Transportation Block Grant) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 20, 2015. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2015/16, $446,117 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $446,117. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $892,234 in federal operating assistance through the Section 5307 program ($826,930) and the Section 5311 program ($65,304). As a result, the county will receive $1,338,351 in combined federal and state transit operating assistance. F•\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2016 staff report.docx 1 131 In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2015/16, the first step is to apply for state Block Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance. According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2015/16 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 2015/16 Block Grant is proposed as a partial match for Section 5307 operating funds. Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans.. To receive the Block Grant funds, the County must enter into a Supplemental Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf. The attached Supplemental Joint Participation Agreement (SJPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. FUNDING Funding in the amount of $446,117 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. F'\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2016 staff report.docx 2 132 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form F•\Community Dev ojpment\Users \MPO\Transit\Grants\Block\2015-2019\2016 staff report.docx 3 Indian River Co, Approved Date Admin. /Ofr1/,j Legal !, � IC I, I� Budget h 111415 Dept. 0 / 1 /f" Risk Mer. F•\Community Dev ojpment\Users \MPO\Transit\Grants\Block\2015-2019\2016 staff report.docx 3 RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2015/16 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2015/16 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2015/16 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2015/16 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2015/16 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc F\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2016 bcc resolution.docx Page 1 of 2 134 ATTACHMENT 1 RESOLUTION NO. 2015 - The Chairperson thereupon declared the resolution duly passed and adopted this 20th day of October , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Wesley S. Davis, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 20th day October , 2015. APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney 044,0 Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, AI /, Director Community Development Department F \Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2016 bcc resolution.docx Page 2 of 2 135 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 1 of 3 Financial Project No 407190-4-84-01 (item -segment -phase -sequence) Contract No. ARQ56 Fund: DPTO Function. 215 Federal No. DUNS No 86-939-7102 CFDA Number CSFA Number 55.010 FLAIR Approp. 088774 FLAIR Obj. 751000 Org. Code 55042010429 Vendor No THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency WITNESSETH WHEREAS, the Department and the Agency heretofore on the 29 th day of December , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 903,779.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide Block Grant Funding for operating assistance to Indian River County for its urbanized area public transportation system ATTACHMENT 2136 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3 00 of said Agreement is • increased 0 decreased by $ 892,234.00 bringing the revised total cost of the project to $ 1,807,558.00 Paragraph 4 00 of said Agreement is • increased 0 decreased by $ 446,117.00 bringing the Department's revised total cost of the project to $ 903,779.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A" 4.00 Contract Time Paragraph 18 00 of said Agreement 12/31/2019 5.00 E -Verify: Vendors/Contractors. 1 shall utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 137 Financial Project No 407190-4-84-01 Contract No. ARQ56 Agreement Date 725-030-07 PUBLIC TRANSPORTATION SN1 Page 3 of 3 Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/29/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT Indian River Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy Miller, P E. SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE APPROVED AS TO FORM ,SU$C VOLU 1l DEBI AAL DEPUTY COUNTY ATTORNEY 138 Financial Project No 407190-4-84-01 Contract No. ARQ56 Agreement Date 12/29/2014 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change). To provide Block Grant Funding for operating assistance to Indian River County for its urbanized area public transportation system I I As Approved As Amended Net Change Project Cost $915,324 00 $1,807,558 00 $892,234 00 As Approved As Amended Net Fund DPTO DPTO DPTO Department: $457,662.00 $903,779 00 $446,117 00 Agency. $457,662.00 $903,779 00 $446,117 00 Federal: $0 00 $0 00 $0 00 Total Project Cost $915,324 00 Comments. $1,807,558 00 $892,234 00 Page 1 of 2 139,: ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4 10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2014 $915,324 00 2015 $892,234 00 Page2of2 140 Financial Project No 407190-4-84-01 Contract No ARQ56 Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here (e g., What services or purposes the resources must be used for) (e g., Eligibility requirements for recipients of the resources) (Etc. ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to FEDERAL RESOURCES Federal Agency Compliance Requirements STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements Restrictions. Catalog of Federal Domestic Assistance (Number & Title) Amount Catalog of State Assistance (Number & Title) 55 010 Amount $903,779 00 Funding is limited to public transit providers eligible to receive funding from the Federal Transit Administration's Section 5307 and 5311 programs, and to Community Transportation Coordinators. Projects must be consistent with applicable approved local govemment comprehensive plans (725-030-004 entitled "Section 5311 Program") Application Procedures Pursuant to Department Rule 14-73 001, Florida Administrative Code, prospective applicants are to develop and adopt a Transit Development Plan and submit such to the appropriate District Office by July 1 each year Additional information may be obtained from the INFORMATION CONTACT listed below Award Procedures. The Department distributes 85 percent of the funding to Section 5307 providers and to Section 5311 providers who are not Community Transportation Coordinators. The Commission for the Transportation Disadvantaged distributes 15 percent of the funding to Community Transportation Coordinators according to their own procedures Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Page 1 of 2 141 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION 6111 Page 1 of 3 Financial Project No. 407182-2-84-01 (item -segment -phase -sequence) Contract No ARQ46 CFDA Number 20 509 Fund DU Function: 215 Federal No DUNS No. 80-939-7102 CSFA Number FLAIR Approp 088774 FLAIR Obj. 790004 Org. Code: 55042010429 Vendor No THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency WITNESSETH WHEREAS, the Department and the Agency heretofore on the 29 th day of December , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto, and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 137,247.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows. 1.00 Project Description: The project description is amended To provide 5311 funding for operating assistance to Indian River county for its non -urbanized area public transportation system. ATTACHMENT 2 148 725-030-07 PUBLIC TRANSPORTATION 6111 Page 2 o13 2.00 Project Cost: Paragraph 3 00 of said Agreement is • increased 0 decreased by $ 130,608.00 bringing the revised total cost of the project to $ 274,494.00 Paragraph 4 00 of said Agreement is • increased 0 decreased by $ 65,304.00 bringing the Department's revised total cost of the project to $ 137,247.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A" 4.00 Contract Time Paragraph 18.00 of said Agreement 12/30/2019 5.00 E -Verify: Vendors/Contractors: 1 shall utilize the U S Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U S Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 149 Financial Project No. 407182-2-84-01 Contract No ARQ46 Agreement Date 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 3 of 3 Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/29/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT Indian River Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW SIGNATURE DEPARTMENT OF TRANSPORTATION Stacy Miller, P E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE WILL K. DEBRAAL DEPUTY COUNTY ATTO RWLY 150 Financial Project No 407182-2-84-01 Contract No ARQ46 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change) To provide 5311 funding for operating assistance to Indian River county for its non -urbanized area public transportation system. I I As Approved As Amended Net Change Project Cost $143,886 00 $ 274,494 00 $130,608.00 As Approved As Amended Net Fund DU DU -DU Department: $71,943 00 $137,247 00 $65,304 00 Agency. $71,943 00 $137,247 00 $65,304 00 Federal: $0.00 $0 00 $0 00 Total Project Cost $143,886 00 $ 274,494 00 $130,608.00 Comments. Page 1 of 2 151!, ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4 10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s) FY Amount 2014 $143,886 00 2015 $130,608.00 Page 2 of 2 152' Financial Project No 407182-2-84-01 Contract No ARQ46 Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below If the resources awarded to the recipient represent more than one Federal or State program, -provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here. (e g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc. ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to FEDERAL RESOURCES Federal Agency Federal Transit Administration Compliance Requirements Authorization (040): Catalog of Federal Domestic Assistance (Number & Title) 20 509 American Recovery and Reinvestment Act 2009, 49 U S.0 5311 Objectives (050) Amount $ 0 00 To improve, initiate, or continue public transportation service in nonurbanized areas (rural and small areas under 50,000 population) and to provide technical assistance for rural transportation providers Types of Assistance (060): FORMULA GRANTS Uses and Use Restrictions (070): Section 5311 funds may be used for eligible capital expenses, project administration, and operating expenses needed to provide efficient and coordinated public transportation service in nonurbanized areas. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. Page 1 of 3 153 EXHIBIT "D" Eligibility Requirements (080) Applicant Eligibility (081): Only designated State agencies and Indian Tribes may apply directly to FTA for grants. Eligible sub -recipients may include State agencies, local public bodies and agencies thereof, nonprofit organizations, Indian tribes, and operators of public transportation services, including intercity bus service, in rural and small urban areas. Private for-profit operators of transit or paratransit services may participate in the program only through contracts with eligible recipients. Private intercity bus operators may participate as subrecipients or through contracts. Urbanized areas, as defined by the Bureau of the Census, are not eligible. Beneficiary Eligibility (082) The general public, both users and nonusers, and private and public providers of public transportation in nonurbanized areas. Credentials/Documentation (083): The State agency must be designated by the Governor to administer the program Projects must be included in the State Transportation Improvement Program (STIP) approved by FTA and FHWA. The state and subrecipients must agree to the standard labor protection warranty for the program. Environmental assessments may be required. Compliance with FTA's annual list of Certifications and Assurances is required. Eligible coast must be in accordance with OMB Circular A-87 The state must submit a program of projects listing all subrecipients and projects in accordance with FTA Circular 9040 1F issued April 4, 2007 FTA annually issues a Federal Register Notice of apportionments, allocations and program information. For fiscal year 07, the publication date was March 23, 2007 Prior year notices can be found on the FTA website at www fta.dot.gov or by contacting the appropriate FTA regional office to obtain copies or publication dates. OMB Circular No A-87 applies to this program. Formula and Matching Requirements (101) Statutory Formula: Title 49, Part 18. Matching Requirements. Program funds are apportioned annually to the states according to a statutory formula. Twenty percent of the funds are allocated by the ratio of nonurbanized land area of each State to the nonurbanized land area of all the States with no State receiving more than five percent of these funds. Eighty percent are allocated by the ratio of nonurbainzed population of each State to the nonurbanized population of all of the states. In addition to the funds made available to States under section 5311, approximately 16 percent of the funds authorized for the new section 5340 Growing States and High Density States formula factors will be apportioned to States for use in nonurbanized areas Rural Transit Assistance Program (RTAP) is funded as a two percent takedown from the amount authorized and appropriated for Section 5311 and can be used for technical assistance, training. Research and related support activities. From the amounts made available for RTAP, up to 15 percent may be used by the Secretary to carry -our projects of f national scope with the remaining balance to the states. Funds are allocated annually based on an administrative formula that provides a base amount to each state and allocates the balance according to the nonurbanized area population. The maximum Federal share eligible capital and project administration costs is 80 percent, except for three categories of projects that can be funded at 90 percent share projects designed specifically to increase the accessibility of public transportation to bicycles and vehicle related equipment required to comply with the ADA or the Clean Air Act. The maximum FTA share for operating assistance is 50 percent of the net operating deficit. Other Federal funds may be used for half of the local match requirement. Income from purchase of service contracts with human service agencies may be used for the entire local share for operating assistance There is no matching requirement for RTAP or for state administration. This program has MOE requirements, see funding agency for further details STATE RESOURCES State Agency Catalog of State Assistance (Number & Title) Amount Page 2 of 3 154 EXHIBIT "D" Compliance Requirements Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount $ Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3 155 GRANT NAME. 49 USC Ch. 53 Section 5311 (Formula Grants for Rural Areas) GRANT # NA AMOUNT OF GRANT $65,304 DEPARTMENT RECEIVING GRANT Community Development (pass through to Senior Resource Association) CONTACT PERSON Brian Freeman PHONE # (772) 226-1990 1 HON \ long is the grant for? One Year Starting Date• January 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3 Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4 Percentage of grant to match 50 5 Grant match amount required. $ 32,652 6 Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $32,652 in County funds already budgeted for public transportation and $32,652 in FDOT grant funds 7 Does the grant cover capital costs or start-up costs? Yes X No If no. how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? If yes. please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011 12 Regular Salaries $130.608 Second Year $ $ $ 011 13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ / -' $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9 What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10 What is the estimated cost of the grant to the County over five years? $35,971.50 bey& v a�' „"+„'fir, �V.-ti� �('P '"'°t 9 Grant Amount Other Matching Costs Match Total First Year $65.304 $ $32.652 in local funds & $32.652 in FDOT grants $130.608 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ / -' $ $ $ Signature of Preparer Date / ATTACHMENT Date: To: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES October 7, 2015 Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 61.0 Prepared By: Cindy Corrente, Utilities Finance M nag Subject: Second Amendment to Elevated IA/la/Tan Space License Agreement with P New Cingular Wireless PCS, LLC DESCRIPTIONS AND CONDITIONS: In March 2004, The Board of County Commissioners entered into a lease agreement with Bellsouth Mobility, DBA Cingular Wireless (now known as New Cingular Wireless). The agreement allowed the Licensee to install and operate a communications facility at the Utility Department's elevated tank located at 1805 58th Avenue (Kings Highway Tank). The license fee was $20,000 per year and included a clause that required a four percent increase per year. On September 10, 2013, the lease was amended to allow for installation of additional equipment on the tank. Presently, the annual lease fee is $48,466.32. ANALYSIS: Recently, a representative for New Cingular Wireless contacted staff to request permission to install a Propane Generator at the site. Since additional ground space is required for the generator and propane tank, a new license fee of $53,393.16 per year was agreed upon. The four percent increase per year remains in effect as well. FUNDING: There is no cost to the department as a result of this lease. However, the department will receive revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered to provide services to existing customers. ACCOUNT NO.: Description Account Number Amount Radio Tower Rents 471038-362011 $53,393.16 Page 1 of 2 157 RECOMMENDATION: Staff recommends the approval of the attached Second Amendment to Elevated Water Tank Space Agreement with New Cingular Wireless PCS, LLC. and requests the Board authorize the Chairman to execute the attached lease on their behalf. ATTACHMENT(s): Second Amendment to Elevated Water Tank Space License Agreement APPROVED FOR AGENDA: By: Jose h A. Baird, County Administrator For: ®r A) ad & 7Jf Date I Indian River Co. Appr , ed Date Administration ,k /0/4C Legal {�Ik - 1 / Fn/I `) l'"DJ Budget 7 Utilities � t 7 ic Utilities -Finance C IMS- Ip„ 7-6 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2015 Agenda Items\Agenda - AT & T Cellular LeaseSecond Amendment Kings Highway Tank.doc 158; SECOND AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS SECOND AMENDMENT ("Second Amendment") is made and entered into as of the day of , 2015, to that certain Elevated Water Tank Space License Agreement, dated March 23, 2004 ("License Agreement) as amended by the First Amendment to the Elevated Tank Space Agreement, dated September 10, 2013 (First Amendment), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee"). WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more _fully therein which License Agreement was amended by the First Amendment (collectively the Agreement); and WHEREAS, Licensee desires to install additional equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit E attached hereto ("Propane Generator"); and WHEREAS, Licensor is willing to allow installation of the Propane Generator, and related use of the Land and Elevated Tank, in accordance with the terms of this Second Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Propane Generator. Licensee shall have the right to install the Propane Generator on the Land and Elevated Tank as described more fully in Exhibit E, subject to the remaining terms of the Agreement and this Second Amendment. Installation of the Propane Generator shall be strictly in accordance with the plans previously submitted by Licensee and approved by Licensor's outside contractor ("Plans"). Licensee shall be responsible for all permits and assurances that installation of Propane Generator meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee's use of the Land and Elevated Tank under this Agreement. Licensee shall use the Propane Generator in the manner consistent with applicable law. No later than ninety (90) days after installation of the Propane Generator, Licensee shall obtain (at Licensee's expense) an inspection conducted by Licensor's outside contractor of the Propane Generator and the installation to confirm compliance with the Plans. Any material non-compliance with the Plans shall be corrected immediately. A copy of the final inspection report shall be submitted to the Licensor within twenty (20) days of the report date. 1 159 3. Labeling of Equipment. In connection with the installation of the Propane Generator, Licensee shall label all of its equipment, including coaxial cables, located or to be located on the Land or the Elevated Tank, so that Licensor and its contractors are able to distinguish Licensee's equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Propane Generator. Verification of labeling shall be included with the copy of the final inspection report as described in Section 2 of this Second Amendment. 4. License Fee. Commencing upon completion of installation of the Propane Generator, the annual license fee shall be increased to FIFTY-THREE THOUSAND, THREE HUNDRED NINETY-THREE and 16/100 DOLLARS ($53,393.16) to be paid in equal monthly installments of FOUR THOUSAND FOUR HUNDRED FORTY-NINE and 43/100 DOLLARS ($4,449.43). 5. Notices. Notices to the Licensee shall be addressed to the following: Licensee: With a copy to: NEW CINGULAR WIRELESS PCS, LLC Billing Address: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 575 Morosgo Drive Atlanta, GA 30324 NEW CINGULAR WIRELESS PCS, LLC Attn: AT & T Legal Department Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 208 S. Akard Street Dallas, TX 75202-4206 6. Remaining Terms. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. 2 160 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: By: Print Name: By: Print Name: Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print name: Its: Date: 161 STATE OF COUNTY OF ) ) On the day of , 2015, before me, a Notary Public, personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person El is personally known to me, or ® produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] ATTEST: Jeffrey R. Smith, Clerk of Court, and Comptroller Notary Public, State of Print name: Serial number: My commission expires: Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Wesley S. Davis, Chairman Approved: Approved by BCC: , 2015. Approved as to form and legal sufficiency: 79 miti - - - - - seph AlBaird Count Admtor p y Dylan T. 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Barton, Clerk of Circuit Court Indian River County, Florida AMENDED AND RESTATED MEMORANDUM OF LICENSE AGREEMENT This Amended and Restated Memorandum of License Agreement of the Elevated Water Tank Space License Agreement is dated as of day of , 2015, and is between Indian River County, a political subdivision of the State of Florida ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ("Licensee"). 1. Licensor and Licensee entered into a certain Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by that certain First Amendment to Elevated Water Tank Space License Agreement dated September 10, 2013, for the purpose of installing, operating and maintaining a communications facility and other improvements as described in Exhibit A attached hereto and made a part hereof, together with the improvements thereon ("Premises") and (ii) a Memorandum of License Agreement("Memorandum") dated as of June 1, 2004 and filed for record on June 8, 2004, in the Official Records of Indian River County, Florida at Instrument No. 1549608, Book 1742, Page 2186 (the "Memorandum") which Memorandum provides record notice of the License Agreement as it applies to the Premises. 173 2 The initial lease term under the Agreement commenced on March 23, 2004 and expired on March 22, 2009, with three (3) additional five (5) year renewal terms, the first term of which Licensee has already exercised. 3. It is the intention of the Licensor and Licensee to amend and restate the previous Memorandum of License Agreement referenced above to increase the portion of the existing licensed property as described on Exhibit "A" of the Memorandum and reflect the increase in size of the Premises as described in Exhibit "A-1" attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: By: Print Name: By: Print Name: Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print name: Its: Date: 3 175 STATE OF COUNTY OF On the day of , 2015, before me, a Notary Public, personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person O is personally known to .me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] ATTEST: Jeffrey R. Smith, Clerk of Court, and Comptroller Notary Public, State of Print name: Serial number: My commission expires: Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Wesley S. Davis, Chairman Approved by BCC: , 2015. Approved: Approved as to form and legal sufficiency: eph A. , aird, County Administrator Dylan T. Reingold, County Attorney 176 To 1141; VI P1 oma lCCA; J@O nun a=ulp mws: m WPM rc (OMR. or rn;Tr.e ;.moR/Oiro .intro trot W Co+CTnICnT.t T¢ Tim t-. r F1 RN MOOT r /OM TKODY•11 01/tlGlt tM OW/CC OrCOO WU Wt ti h-Clrib FOR t/APFrOVED /MK rc I/t-1 PVC UIMT T.MON MOM CanWCTer ID 1.11/01/3C TMt cea uai IDCA <WaYT01 CO.00 PDX /r OT-aw-DC-w.w /My PUCE 111d Col THE MCT ♦aT MWU;A• S, usswwm� It. MAT tCINJ wa diTRL 137 rlTa 1000, "—gyp B4T GRP at&t •ONDItt04. tJtN/.IOU F./M/S • .Ua.aiI 01I0.70 •••• MAI q}Cto roR• .+w.. .nv 444y�. I t• / I 11' I14-4/04 C.Sm. rC BMecC IMF/ TDO01 ?D .0.0 t — tovv.werlto Co ml IT4+1 !t. IICCTI ti r p fnesan••• .1540 ..r C4irtTum, MC vis 11-rr..:11N1 OP OSITE PLAN fir•.• r. _ff a n IJrAU. t4J� A-1 I- V 118IHra INDIAN RIVER COUNTY, FLORIDA MEMORANDUM PUBLIC HEARING (QUASI-JUDICIAL) TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; (community Development Director THROUGH: John W. McCoy, AICP; Chief, Current DeveTopm'eht FROM: Ryan Sweeney; Senior Planner, Current Development 1 DATE: October 6, 2015 /0/LI- SUBJECT: 790 A1A, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for a Project to be known as Sandy Lane [PD -15-07-02 - 2014060029-74612] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 20, 2015. DESCRIPTION & CONDITIONS Schulke, Bittle & Stoddard, LLC, on behalf of 790 AIA, LLC, is requesting conceptual planned development (PD) plan and special exception approval for a nine lot single-family PD to be known as Sandy Lane. The project proposes nine residential lots on a 6.02 acre project site located at 790 Highway AIA. As part of the project, various pre-existing structures will be removed from the site including an oceanfront single-family home, pool, pool house, shed and several horse barns. In addition to the conceptual PD plan and special exception request now presented to the Board, the applicant also filed a concurrent preliminary PD plan/plat application which has been approved by the Planning & Zoning Commission (PZC) subject to Board approval of the subject request. ➢ PD Project Process The process involved in the review and approval of the subject PD application is as follows: Approval Needed Reviewing Body 1. Conceptual PD Plan/Special Exception Use PZC & BCC 2. Preliminary PD Plan/Plat PZC 3. Land Development Permit (LDP) Staff 4. Final PD (plat) BCC If approved by the Board, the applicant will need to obtain an LDP or LDP waiver from Public Works for the design of required PD improvements. F•\Community Development\CurDev\BCC\2015 BCC\SandyLanePD(PD-15-07-02 ).docx 1 i Planning and Zoning Commission Action At its meeting of September 24, 2015, the Planning & Zoning Commission (PZC) voted 6-0 to grant preliminary PD plan approval subject to the Board approval of the conceptual PD plan and special exception request, and to recommend that the Board grant conceptual PD plan and special exception approval with the conditions recommended by staff (see attachment 3). ANALYSIS 1. PD Area: 6.02 acres Note: The site currently consists of two separate parcels that will be combined and platted via the PD process. 2. Zoning Classification: RS -3, Residential Single -Family (up to 3 units per acre) 3. Land Use Designation: L-1, Low Density Residential -1 (up to 3 units per acre) 4. Residential Lots: 9 Single -Family Lots 5. Density: Proposed: 1.49 units per acre Maximum Allowed: 3.00 units per acre 6. Open Space: Required: 40.0% Provided: 57.8% Note: The open space area calculation includes landscape/native preservation tracts, the dune/beach area between the 1981 CCCL (Coastal Construction Control Line) and the mean high water line, and portions of the private yards on the nine proposed individual lots. 7. Utilities: The project will be served by City of Vero Beach water and sewer. The City of Vero Beach Utilities Department and the Department of Health have approved these utility provisions. 8. Stormwater Management: The Public Works Department has approved the preliminary stormwater management plan and will review the final stormwater management plan through the land development permit (LDP) process. The stormwater management system includes a modified Miami curb street design and dry retention swales within the north and south landscape/drainage tracts. 9. Traffic Circulation: Access to the proposed development will be provided by a single, gated, full - movement connection to Highway Al A. The proposed subdivision street (Sandy Lane) will be privately maintained by, and dedicated to, a property owners' association. The subdivision street design includes a 40' right-of-way width, a 20' wide paved road with 10' travel lanes, intermittent on -street parking area "bump -outs" along the north side of the street for service vehicles and visitors, and a modified T -turnaround at the east end of the subdivision street. The 40' right-of-way width (which is less than the County's standard 50' width for streets with curb and gutter) and the on -street bump -out parking spaces (which are not permitted in conventional subdivisions) are included in the project's requested PD waivers. Because Sandy Lane is not a through street and will F\Community Development\CurDev\BCC\2015 BCC\SandyLanePD(PD-15-07-02).docx 2 serve a low density/low traffic volume area, Public Works and Fire Prevention do not object to the proposed PD waivers based upon the proposed project design. Based on the overall project's low traffic volume, no traffic impact analysis was required. The project's traffic circulation plan, roadway design, and gated entrance design have been approved by Traffic Engineering. Traffic Engineering and Fire Prevention have jointly approved the modified T - turnaround design. No off-site traffic improvements are required or proposed. 10. Project Phasing: The project will be constructed in one phase. 11. Environmental Issues: The following environmental issues have been identified for the proposed PD project: a. Wetlands: Environmental Planning staff has determined that no jurisdictional wetlands exist on the subject site. Therefore, no wetlands criteria apply to the proposed development. b. Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies; however, County Environmental Planning staff has inspected the site and determined that no intact native upland plant communities exist on the project site, although protected and specimen trees do occur on-site, as explained below. Therefore, no native upland set-aside requirements apply to the proposed development. c. Dune Presenvation/Beach Recreation Easement: The project design includes a dune preservation/beach recreation easement that will be dedicated to a property owners' association. That easement is not required by local or state requirements, and is considered a marginal public benefit for the PD project. d. Listed Species: Previously, several gopher tortoises lived on the project site. Recently, the applicant obtained a gopher tortoise relocation permit from the Florida Fish and Wildlife Commission and relocated the gopher tortoises to an approved recipient site. If gopher tortoises re -inhabit the site, Wildlife Commission regulations will again be applied. There are no listed species present on the project site at this time. e. Tree/Native Plant Preservation: The site is heavily wooded and contains a number ofprotected trees, specimen trees, and other native plant materials. The applicant will need to obtain Environmental Planning staff approval of a final tree mitigation/relocation plan, prior to issuance of an LDP. In addition to the standard tree mitigation requirements, during project review staff requested that enhanced native tree preservation be provided throughout the project site, especially along the north and south project perimeters where landscape buffer tracts are proposed and in side yard areas between houses. In response, the applicant has submitted a preliminary landscape plan that proposes to preserve in place and/or relocate all healthy native trees and other native plant material on-site. The native plant material includes protected and specimen trees such as live oaks and cabbage palms, as well as other native trees and plant material such as gumbo limbo that are not normally required to be preserved by the LDRs. The project design includes alternating side yard setbacks (10' and 25') for the primary F•\Community Development\CurDev\BCC\2015 BCC \SandytanePD(PD-15-07-02).docx 3 180; structures, and that design will provide well -sized side yard areas on private lots for tree preservation and relocation. Tree preservation/relocation within the individual lots will be analyzed on a case-by-case basis, as each lot is developed. 12. Landscaping & Buffering: Landscaping and buffering is required and proposed as follows: ;-Perimeter -Adjacent Use/Condition. Buffer Type & Width , Opaque -Feature' North The Dunes Subdivision Type B / 25' wide 6'native landscape material East Atlantic Ocean N/A (dune vegetation preserved) N/A South Ten Coins on the Ocean Subdivision Type B / 25' wide 6'native landscape material West Highway AlA / Little Harbour Subdivision Type B / 25' wide 6' combination berm/landscape The preliminary landscape plan meets the criteria in Chapter 926. Prior to issuance of an LDP, the applicant will need to submit and obtain staff approval of a final Landscape and buffer plan. 13. Required Improvements: a. Ultimate Right -of -Way for Highway AIA: Highway A 1 A is classified as an urban arterial requiring 120' of ultimate right-of-way. Presently, 100' of road right-of-way exists for Highway AIA, and the applicant has agreed to dedicate their portion of additional right-of-way (10') to the County without compensation. The 10' of additional right-of-way is shown on the project's preliminary PD plan/plat and must be dedicated to the County prior to issuance of the project's land development permit. b. Streetlighting: Streetlighting is required and locations are shown on the preliminary PD plan/plat. Maintaining the streetlights will be the responsibility of the property owners' association. c. Alternative Internal Pedestrian System: Per Section 913.09(5) of the LDRs, a conventional subdivision of this size and density would not require an internal sidewalk or pedestrian improvements. However, the PD standards identified in Section 915.17(3) require that every PD project provide some type of pedestrian system. The project design proposes an alternative internal pedestrian system consisting of well -lit points of refuge (the bump -outs) located outside of the vehicular travel lanes. Given the low project density, small number of lots, and limited pedestrian demand, the Community Development Director and Public Works Director have approved the proposed alternative pedestrian system. d. Replacement Easement for the Adjacent Graves Property: Currently, there is an unimproved 16' wide private access easement that runs along the south project boundary which provides legal access to the adjacent oceanfront parcel located at 1488 Corona Lane ("the Graves Property"; see attachment 2). However, the Graves property is actually accessed via a driveway to Corona Lane rather than through the existing 16' wide "paper" access easement. The southern 25' of the project, including the 16' wide strip encumbered by the existing access easement, will be converted to a landscape preservation/buffer tract during site development. To accomplish this, F\Community Development\CurDev\BCC\20 I5 BCC\SandvLanePD(PD-I5-07-02).docx 4 the applicant has coordinated with the Graves family to have the 16' wide access easement released. The applicant is proposing to have the private access easement released prior to or via the final plat approval while concurrently providing a replacement access easement over the Sandy Lane right-of-way for the Graves property. Based on this proposal, there will be an interim time period when landscaping and other subdivision improvements will be installed in the same area as the existing 16' wide private access easement. To accommodate construction during this interim time period, staff is requiring that, prior to issuance of an LDP, the developer obtain written consent from the holder of the 16' easement (the Graves property owner) for construction within the easement. 14. PD Waivers for the Project: As opposed to the parameters of a conventional subdivision, the proposed PD parameters have detailed, design -based setbacks that direct a majority of the horizontal and vertical building mass towards the center of the site, and away from the neighboring subdivisions. The design concept locates the primary structure (main residence) closer to the subdivision street, and allows less intense uses and smaller structures along the side and rear lot lines. The PD design parameters also allow the homes to be built on slightly smaller lots, and leaves more land area for perimeter buffer tracts and on-site tree preservation/relocation areas within the side yards of the proposed lots. The result of the PD parameters will be a linearly clustered development, directed towards the east/west centerline of the project site, and away from the north and south perimeter property lines. Along the north, south, and west project perimeters 25' wide buffers are provided. Based on the proposed design and associated project parameters discussed below, staff supports the requested PD waivers. Through the PD process, the applicant is requesting certain PD dimensional waivers to accommodate the style and location of homes proposed. The property is zoned RS -3 and the proposed PD waivers are shown below with the RS -3 zoning district standards for comparison: Development Parameter Required RS- 3 Proposed PD (Lots 1-8) Proposed PD (Lot 9 / Oceanfront Lot) Setbacks: Front 25' 10'primary/10' secondary* 25' Side 15' 10'primary/5' secondary* 15' Side 15' 25'primary/5' secondary* 15' Rear 25' 15'primary/10' secondary* 25' (in addition to 25' perimeter buffer tract) Min. Lot Size 12,000 sf 11,540 sf 12,000 SF Min. Lot Width 80' 99' 80' Max. Bldg. Coverage 30% 40% 30% Min. Open Space 40% 40% 40% * Notes: 1. Primary Setback: Setback to primary residential structure (habitable air conditioned/enclosed space). This does not include guest quarters when attached to a garage (see note #2 below). 2. Secondary Setback: Setback to attached or detached accessory structures/roof covered structures (including garages, guest quarters attached to garages, roof covered porches, porte- cocheres, and pools). 3. Fences, walls, and trellises have a 0' side and rear setback. F•\Community Development\CurDev\BCC\2015 BCC\SandyLanePD(PD-15-07-02).docx 5 182 4. Uncovered decks and patios shall have a 0' side yard setback when designed and built with and adjacent to a minimum 6'/maximum 8' wall along the same yard. Otherwise uncovered decks and patios shall conform to all secondary setbacks. 5. Roof overhangs, balconies, stairs, chimneys, and similar structures may encroach a maximum of 30" into required setbacks. 6. Lot 9 (oceanfront lot) is subject to conventional RS -3 standards. 7. Structural pool walls are to conform with secondary setbacks. 8. Pool screen enclosures are prohibited. 9. Guest quarters may not be utilized for commercial or rental purposes. 10. Guest quarters may only be used by immediate family, or for the intermittent or temporary occupancy by non-paying guests. Please see attachment #7 for a typical lot/building layout plan. Additional Requested Waivers: 1. Guest quarters shall be a permitted use (no administrative permit process required). 2. Maximum wall height of 8' allowed alongside lot lines in side yards and up to 4' within the front primary/secondary setback area. 3. All encroachments allowed in the general provisions of the LDRs by Section 911.15(2) will be allowed within required yards. 15. Public Benefits: For all PD projects, Planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the County approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide enhanced native preservation by relocating and/or preserving all existing native plant materials on-site, dedicate the ultimate right-of-way for Highway AIA without compensation, provide increased project minimum open space, and provide enhanced dune/beach preservation. In addition to the public benefits described above, the project is designed with internal benefits for project residents, including a beach access easement, and comprehensive architectural controls. 16. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity is available to serve this project. The developer will be required to obtain final concurrency certificates prior to issuance of building permits, in accordance with County concurrency regulations. 17. Surrounding Land Use and Zoning: North: Single -Family / RS -3 South: Single -Family / RS -3 East: Atlantic Ocean / N/A West: Highway AIA, Single -Family / RS -3 RECOMMENDATION Based on the above analysis, staff recommends that the Board of County Commissioners grant conceptual PD plan and special exception approval for Sandy Lane, with the following conditions: F•\Community Development\CurDev\BCC\2015 BCC\SandyLanePD(PD-15-07-02).docx 6 1. Prior to issuance of a land development permit, the applicant shall: a. Obtain Environmental Planning staff approval for the project's final tree mitigation/relocation plan. b. Obtain staff approval of a final landscape and buffer plan. c. Dedicate to the County, without compensation, the ultimate road right-of-way for Highway A 1 A, as shown on the preliminary PD plan/plat. d. Provide written consent from the holder of the 16' private easement (the Graves property owner) authorizing project construction within the 16' private easement. 2. Prior to issuance of a certificate of completion for the project, the applicant shall: a. Install all required buffers, opaque features, and tree relocation per the approved tree mitigation/relocation plan. b. Install required streetlighting. c. Install the alternative pedestrian system. 3. Prior to or via the final plat process, the applicant shall: a. Obtain formal release of the existing 16' private access easement to the Graves property. b. Establish a replacement access easement through the project's subdivision street right-of- way, in favor of the Graves property. ATTACHMENTS 1. Application 2. Location Map 3. Excerpt from Unapproved September 24, 2015 PZC Minutes 4. Aerial 5. Conceptual PD Plan 6. Preliminary PD Plan/Plat 7. Typical Lot/Building Plan. 8. Landscape Plan APPROVED AGENDA ITEM: FOR. October 20 2015 BY: �.•.• 4 Wei Indian River Co, App oved Date Admin. /D /157/5 Legal i 10-11 - (.S Budget ilii 1O/(f �`3 Dept. . e/ "U/Sir S Risk Mgr. F•\Community Development\CurDev\BCC\2015 BCC\SandyLanePD(PD-15-07-02).docx 7 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. PROJECT NAME: Sandy Lane FKA 790 AIA Residential PD Plan Number: PD- 155 -0 7 _0 oZ Project #: 2014060029 " 14/4 /z PROPERTY OWNER: (PLEASE PRINT) APPLICANT (PLEASE PRINT) 790 AIA, LLC Same as Owner NAME - NAME 6020 5th St SW ADDRESS ADDRESS Vero Beach, FL 32968 CITY, STATE, ZIP 772-473-0396 PHONE NUMBER dolfkahle@gmail.com CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS EMAIL ADDRESS George A. Kahle, III CONTACT PERSON CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) AGENT (PLEASE PRINT) Schulke, Bittle & Stoddard, LLC Same as Proiect Engineer NAME NAME 1717 Indian River Blvd, Suite 201 ADDRESS ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP CITY, STATE, ZIP 772-770-9622 PHONE NUMBER PHONE NUMBER jschulke@sbsengineers.com EMAIL ADDRESS Joseph W. Schulke, P.E. EMAIL ADDRESS CONTACT PERSO CONTACT PERSON SIGNATURE OF OWNER OR AGENT F•\Community Developm \Users\CurD \Applications\PDAPP.doc MTwCHMENf Zol 11 Page 1 of 3 185 11 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 3340 6 D0004010f J0001.0 and 33401600000001000002.2 PROPERTY CLASSIFICATION(S): Land Use Designation L-1 Zoning District Acreage RS -3 6.02 TOTAL PROJECT ACREAGE: 6.02 EXISTING SITE USE(S): 1 single family residence PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): 9 Single Family lots 1.5 units per acre ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following items must be attached to the application: If the applicant is other than the owner(s), a swom statement of authorization from the owner; Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; Two copies of the owner's recorded warranty deed; A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres ( $ 2075.00 20-40 acres 24 0 over 40 acres 2575.00 Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres Final PD Plans 1250.00 1300.00 $ 1400.00 + 100.00 for each additional 25 acres over 40 acres + 50.00 for each additional 25 acres over 40 acres 2,075.00 +1,150.00 For concurrent application fees combine the appropriate fees and subtract $400.00. F\Community Development\Users\CurDev\Applications\PDAPP.doc ATTA1u' 20111 3,225.00 - 400.00 $2,825.00 Page 2 of 3 186 vsf Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. 2 Aerials for conceptual or preliminary PDs Itemized response to pre -application for conceptual or concurrent applications 2 sealed surveys 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph of Posted Sign For Final Plat's only CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements (B) IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required F:\Community Development\Users\CurDev\Applications\PDAPP.doc ATTACHIfif" 1 Page 3 of 3 1N3WH3V1IY \, M -3 \+t „ \ y M \ i 1 .MA HAWK �\ RS -3 \CAp\J/ v 11.0000000:0000100+2.0 00.0010000200041001.0 � l —rrix, HOUR U1 M 01 t t1 Atlantic Ocean 1488 corona Lane Graves Property b l / ,1:P.C1 ft 7 RveR.P;OCEOP.__.__ 0, .� 11.0 .000003000030007 N - RS 33.0 100,500 00000000 ! +.0 — O+OOD00000 300!0.0— 11+0!00000.0000000130 • _ L.. T4`EA, ‘.fRF•CrJ14c I;nj M 03 wt n 11.0 000000001000000.0 3141e0000000+ 000007.0 h RS -3 r 10.0 ee0000.00001002,0 \� S•0 t e0000.00000o010.0 PLANNING AND ZONING COMMISSION The - was a meeting of the Indian River County (IRC) Planning and Zoning Com • ission (PZC) on Thursday, September 24, 2015 at 7:00 p.m. in the Commission C - mbers of the County Administration Building, 1801 27th Street, Vero Beach, Flori - . You may hear an audio of the meeting; review the meeting agenda, backup m- erial and the minutes on the Indian River County website www.irc• ov.com/Boar../PZC/2015. Present were mem Charles Rednour, District 1 Jonathan Day, District 4 A Members -at -Large; and Shawn ers: Chairman Polackwich, Sr., District 2 Appointee; pointee; Maria Caldarone, District 3 Appointee; Dr. ointee; Jordan Stewart and Todd Brognano, st, non-voting School Board Liaison. Absent was Brad Emmons, Di ict 5 Appointee (excused). Also present was IRC staff: Bill eBraal, Deputy County Attorney; Stan Boling, Community Development Dire or; John McCoy, Chief, Current Development; Ryan Sweeney, Senior Plann - of Current Development; and Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. a • all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none. Approval of Minutes ON MOTION BY Mr. Brognano, SECONDED BY Mr. Rednour, the members voted unanimously (6-0) to approve the minutes of the meeting of August 27, 2015, as presented. Public Hearing Chairman Polackwich read the following into the record: A. Sandy Lane PD: 790 A1A, LLC's request for conceptual planned development (PD) plan and special exception use approval, and concurrent preliminary PD plan/plat approval for a 9 lot single-family planned development to be known as Sandy Lane PD. 790 A1A, LLC, PZC/Unapproved 1 F:\BCC\AII Committees\P&Z\2015–AGENDAS & MINUTE \P&Z-0�9�-224-15�.doc September 24, 2015 189'. Owner, Schulke, Bittle & Stoddard, LLC, Agent. Located on the east side of highway A1A approximately 1.27 miles south of 17th Street (East Causeway Blvd), immediately north of Corona Lane. Zoning: RS -3, Residential Single -Family (up to 3 units/acre). Land Use Designation: L- 1, Low Density 1 (up to 3 units/acre). Density: 1.49 units/acre (2014060029-74612 / PD -15-07-02) [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the proposed development and gave a PowerPoint presentation, copies of which are on file in the Commission Office. Staff recommended the PZC approve the preliminary PD plan subject to BCC approval of the PD, and recommended that the Board of County Commissioners approve the conceptual PD plan and special exception use approval with the conditions listed in staffs report. A discussion followed and board members received information from staff regarding the PD process. Mr. Joseph Schulke, Schulke, Bittle & Stoddard, LLC, agent for the Applicant, provided clarification of the development plan and stated that he had no questions for the board. Ms. Janice Nordstrom, neighbor to the proposed development, voiced her concerns regarding the integrity of the existing nature preserve on the subject property. Mr. Jerry Sigler, neighbor to the proposed development, expressed his apprehensions relative to easements, traffic, nature preservation and tree relocation .on the subject property. Mr. Stan Boling, Community Development Director, addressed concerns regarding protections that are in place with respect to animals and vegetation on the subject property. PZC/Unapproved 2 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-09-24-15.doc ATTACHMENT 3 September 24, 2015 ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (6-0) to approve staff recommendations on this Quasi - Judicial matter. The public was polled and there was no further discussion. Commissioner's Matters There were none. Plan in • Matters Mr. Boling advised the board of updates regarding vacation rentals, which was discus • -d at a public hearing during a previous meeting. He also stated that there would •t be a meeting on October 8, 2015; however, staff anticipated a meeting would . - held on October 22, 2015. Attorney's Matters There were none. Adjournment There being no further business, he meeting adjourned at 7:59 p.m. Chairman Alan Polackwich Date Lisa Carlson, Recording Secretary Date PZC/Unapproved 3 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P��9-21-455.. cc September 24, 2015 3 11 191 SANDY LANE PD 790 SR A -1-A RESIDE/Mk PA. VERO BEACH, FLORIDA INDIAN RIVER COUNTY AERIAL09& SCHULKE, BITTLE & STODDARD, L.L.C. f & STRUCTER9 0•211ED0,C 27.0 RAMCPC DAVVIENTAL RAIITINC C0.1.11.1.1 Of /171140.9.00.1 1113. =MON 1717 INDAN RNER BLVD, SLUE 201 VERO BEACH. RORICA 32900 TEL 772 , 710.902 FAX m, 710.906 EMAIL 9104:231999pwers can ATTACHMENT 4 09 aliV•19 ors pot.= JIM siDat 141111 900 -9 -30.4 192; • 3 9- _60 1,1atly, 1' 'I 101 4 LOT 5 • 02606 ii N 02600 j 02.065 SF) .0 02.056 an s LOT .6 0 26 06 (12.047 sn � fl II 1.1 \r LOT 9 43 AC \ rex vrsFl LOT 026 A6 ((2.636 SF) 101.6 029 AC ((2!(5SF) CORONA LANE e f MIT C—loo \ -11t757 11, ATTACHMENT SECTION 16, TOWNSHIP 40 SOUTH, RANGE 33 EAST VERO BEACH INDIAN RIVER COUNTY, FLORIDA .14 C-101 Typical Lot / Building Layout TWO STORY sroxy i1ji[] SINOLE STORY / OP FIONA!, TWO S'I ORY SANDY LANE T F LI 10' FRONT SETBACK • „ El Alf uctu're-', L -r-- il ' ?$ DR INAGE EASEMENT 1 I \ 1 L-1 I SP7111AEK___ PROPERTY LINE Pool & Patio 0 [ --:-1-- -1- - - --I 1 ATTACHMENT Lot 2 Lot '1 I.ot I ot 5 The Dunes I ot I IA 7 I ol Lot 0 .L----\\\\ ;',... - , / ' / r.1 i . I a s'9'----- • re ) ---,_,,,:.:!, 7 = :...::,:id___ ---``..___LE Ca, --- (IC I Iowa i Ian __ i; ',. 111\ 1 4 lot 3 Io4 t I nt 1 Ten Coins' I 01 0 I ot 0 I ot 7 I 01 ft L _ Lot 10 Sandy Lane Indian River County, Florida Sandy Lane Planned Development Conceptual Planned Development (PD) Plan & Special Exception Board of County Commissioners October 20, 2015 Planned Development (PD) Process Conceptual PD Plan/Special Exception Preliminary PD Plan/Plat PZC Recommendation 1 BCC Approval PZC Approval •Land Development Permit (LDP) or Waiver reviewed and approved by staff •Final PD Plan/Plat is approved by BCC 2 �S6'1 Location Map IC) A R-S=3 , at' . 11 -•'' lLti3 1 _ Ocean ,,? ned RS 3. = �-. un ca ura 1 RS-31:''sry ) =�. ... ' 1..,"= v' j,_._ Gave, araaerty x1 Yerand ..._..�.... 9ne-_--._...._. 1 .•i'` .'x -..— --._ 1 ._.-_ .. - - '•' __. - \i .yam �._.._...._.__....._.___.`_ i 1 x i _ . RS- 3 1q6.2 Conceptual PD Plan — _ - — — — --17 61 — cl 1.. —.__,._ "Paper" easement ' Site. 6.02 acres Units: 9.00 Density: 1.49 units/acre New access to Graves property 5 1.94. 3 ``Air._ ,.;,0e .ti`s %3 Y®Z44: ,•cA% " i ... i'• L.._ Mk 4 PD Waivers Development Parameter Required RS -3 Proposed PD (Lots 1-8) Proposed PD (Lot 9 / Oceanfront Lot) Setbacks: Front Side Side Rear 25' 15' 15' 25' 10'primary/l0' secondary* 10'primary/5' secondary* 25'primary/5' secondary* 15'primary/10' secondary* (in addition to 25' perimeter buffer tract) 25' 15' 15' 25' Min. Lot Size 12,000 sf 11,540 sf 12,000 SF Min. Lot Width 80' 99' 80' Max. Bldg. Coverage 30% 40% 30% Min. Open Space 40% 40% 40% Additional Requested Waivers: 1 Guest quarters shall be a permitted use (no administrative permit process required). 2. Maximum wall height of 8' allowed along side lot lines in side yards and up to 4' within the front primary/secondary setback area. 3. All encroachments allowed in the general provisions of the LDRs by Section 911.15(2) will be allowed within required yards (e.g. 2°d floor balconies) 8 Mk 4 Dedications & Improvements • Ultimate right-of-way for Highway AlA • Streetlighting • Alternative pedestrian system • Replacement easement for adjacent Graves property 10 M- 5 Public Benefits • Native preservation/tree relocation • Ultimate right-of-way for Highway A1A • Increased project open space • Enhanced dune/beach preservation • Enhanced aesthetics/architectural controls 11 PZC Recommendation > On September 24, 2014, the PZC voted 6-0 to recommend that the Board grant conceptual PD plan and special exception approval with the conditions recommended by staff. > The applicant has agreed to all recommended conditions. 12 19C' 6 Staff Recommendation That the Board grant conceptual PD plan and special exception approval for Sandy Lane with the conditions listed in staff's report: • Final tree mitigation/relocation plan • Final landscape plan • Right-of-way dedication for Highway AlA • Written consent from Graves property • Install all required improvements • Replacement easement for Graves property 13 1 96.7 1' Treasure Coast Newspapers TREASURE COAST NEWSPAPERS INDIAN RIVER PRESS JOURNAL 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared Linda Klein, who on oath says that she is Classified Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida, that the attached copy of advertisement was published in the Vero Beach Press Journal in the following issues below Affiant further says that the said Indian River Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper The Indian River Press Journal has been entered as Periodical matter at the Post Office in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Name Ad # Pub Date(s) Copyline PO # 463755- 717002 October 5, 2015 Hearing 10/20/15 Sandy Lane PD INDIAN Sandy Lane PD RIVER CO PLANNING DEPT Sworn to,j'd subscribed before me this October 5, 2015, by a ' lein who is [ X ] personally known to me or [ ] who has produced as identification Sandra Coldren SEAL Notary Public NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES SANDRA COLDREN MY COMMISSION # FF 004035 EXPIRES. 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M gg442. �I_.i.1M.9. > �`& k.71. -E- sg ?"r 5s s$a�a�6k� 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Public. (L:c`Lisl ttive)v OPrO\ TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICD Community Develop ent Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: October 8, 2015 SUBJECT: Consideration of an Ordinance to Amend (Update) County Code Chapter 800, Title VIII Comprehensive Plan of the Code of Indian River County It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 20, 2015. BACKGROUND The 1990 Indian River County comprehensive plan was prepared in accordance with Chapter 163, Part II, Florida Statutes, "The Local Government Comprehensive Planning and Land Development Regulation Act of 1985" and Florida Administrative Code (FAC) Rule 9J-5, "Minimum Criteria for Review of Local Government Comprehensive Plan and Determination of Compliance." The county's comprehensive plan 'was then codified as Chapter 800 of the county code. Chapter 800 includes F.S. Chapter 163, and FAC Rule 9J-5 references, and has not been updated since it was adopted in 1990. Since 1990, however, F.S. Chapter 163 has been revised and Florida Administrative Code Rule 9J-5 has been deleted. As a result, Chapter 800 has incorrect references and is out of date. Planning staff has identified several changes that need to be made to update Chapter 800 in light of the changes to Chapter 163, F.S. and FAC 9J-5. Staff has drafted an ordinance amending those sections of Chapter 800 and has advertised for adoption of the Chapter 800 changes at an October 20, 2015 public hearing. The proposed changes affect Chapter 800 only, and do not change any portion of the comprehensive plan itself. The Board is now to consider the proposed Chapter 800 update ordinance and is to adopt, adopt with changes, or deny the proposed ordinance. 1 1971 ANALYSIS Currently, there are three issues that require revisions to Chapter 800. First, since Chapter 800's adoption, F.S. Chapter 163 has been revised and Florida Administrative Code Rule 9J-5 has been deleted. Consequently, certain references to F.S. Chapter 163 and Rule 9J-5, FAC are incorrect and must be updated. The proposed ordinance makes those necessary corrections and updates. Several sections of the F.S. Chapter 163 requirements were repeated verbatim in Chapter 800. Because of that structure, Chapter 800 wording of state requirements became out of date each time the state changed its requirements. To correct and avoid that problem, the proposed ordinance modifies certain sections of Chapter 800 to merely refer to applicable state statutes and delete recitations of requirements. Also, there are currently sections of Chapter 800 that are no longer relevant, such as section 800.03, which unnecessarily lists certain contents of the comprehensive plan. The proposed ordinance deletes unnecessary information. In summary, the proposed changes are needed to ensure that Chapter 800 contains up-to-date state references, to delete unnecessary information and recitations of out-of-date requirements, to add appropriate references to applicable state statutes, and to update various sections to reflect current local procedures and practices. All changes have been approved by the Deputy County Attorney; none of the changes are substantive; and no changes are being made to the comprehensive plan itself. RECOMMENDATION Staff recommends that the Board of County Commissioners amend and update Chapter 800 by adopting the attached ordinance. ATTACHMENT 1) Proposed Ordinance Amending Chapter 800 Approved Agenda Item: Indian River Co Approved Date Admin :--/0j;is Legal i :,,J1. /ti- 1 Budget 10 5�5 Department �, i le/ S Risk Manager Purchasing F•\Community Development\Comprehensive Plan Elements\Chapter 800\BCC Staff Report Amending Ch. 800.docx 2 t! 198:' ORDINANCE NO. 2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 800, Title VIII, COMPREHENSIVE PLAN, OF THE CODE OF INDIAN RIVER COUNTY, AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Chapter 800 of the County Code on September 18, 1990; and WHEREAS, since Chapter 800's adoption, the Chapter 163, Part II, Florida Statues, has been changed and the Florida Administrative Code (FAC) Rule 9J-5 has been deleted. As a result, references in Chapter 800 to the Chapter 163, Part II, Florida Statues and the deleted Rule 9J-5, Florida Administrative Code citations are outdated and, therefore, those references must be updated; and WHEREAS, there are many sections of the state's Chapter 163, Part II, Florida Statues requirements that were repeated verbatim in Chapter 800. Because of that structure, Chapter 800 wording of state requirements becomes out of date whenever the state changes its requirements. To avoid that problem, Chapter 800 needs to be modified to merely refer to state statutes rather than recite state requirements; and WHEREAS, several sections of Chapter 800 must either be updated or revised to clarify the current condition. Those revisions are minor in nature and are needed throughout Chapter 800; and NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT OF CHAPTER 800. Chapter 800 of the Indian River County Code is hereby amended to read as shown in Appendix A, attached. SECTION TWO: CODIFICATION. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. ATTACHMENT 1 1 ORDINANCE NO. 2015 - SECTION THREE: SEVERABILITY. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FOUR: EFFECTIVE DATE. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of October 2015, for a public hearing to be held on the 20th day of October 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Wesley S. Davis, Chairman Bob Solari, Vice -Chairman Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner Joseph E. Flescher, Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of October 2015. Board of County Commissioners Indian River County, Florida By: Wesley S. Davis, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: 2 200 ORDINANCE NO. 2015 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY eBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; o munity Development Director F\Community Developmen omprehensive Plan Elements\Chapter 800\2015 Ordinance Amending Ch. 800.doc 3 201 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN Title VIII COMPREHENSIVE PLAN Ch. 800 Comprehensive Plan, §§ 800.01- 800.07 CHAPTER 800. - COMPREHENSIVE PLAN CHAPTER 800. COMPREHENSIVE PLAN Section 800.01. Section 800.02. Section 800:03. Section 800.04. Section 800.05. Section 800.06. Section 800.07. Short title. Purpose and intent. Adopted Indian River County Comprehensive Plan. Legal status of the comprehensive plan. Timetable for comprehensive plan amendment submittal. Establishment of fee for comprehensive plan amendments. Procedures for comprehensive plan amendments. • Indian River County, Florida, Code of Ordinances Page 1 202 , Sec. 800.01 Short title. Sec. 800.02 Purpose and intent. Sec. 800.03 Adopted Indian River County Comprehensive Plan. ! Sec. 800.04 Legal status of the comprehensive plan. Sec. 800.05 Timetable for comprehensive plan amendment submittal. Sec. 800.06 Establishment of fee for comprehensive plan amendments. Sec. 800.07 Procedures for comprehensive plan amendments. Section 800.01. Section 800.02. Section 800:03. Section 800.04. Section 800.05. Section 800.06. Section 800.07. Short title. Purpose and intent. Adopted Indian River County Comprehensive Plan. Legal status of the comprehensive plan. Timetable for comprehensive plan amendment submittal. Establishment of fee for comprehensive plan amendments. Procedures for comprehensive plan amendments. • Indian River County, Florida, Code of Ordinances Page 1 202 , - CODE OF ORDINANCES . Title VIII COMPREHENSIVE PLAN Section 800.01. Short title. This chapter shall be known as the adopted "Indian River County Comprehensive Plan Ordinance." (Ord No 90-22, § 1, 9-18-90) Section 800.02. Purpose and intent. The 1990 Indian River County Comprehensive Plan was prepared in accordance with Chapter 163, Part II, Florida Statutes, "The Local Government Comprehensive Planning and Land Development Regulation Act of 1985," and then Florida Administrative Code Rule 9J-5, "Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance." This The 1990 plan replaces the 1982 County Comprehensive Plan which was prepared pursuant to the requirements of the Local Government Comprehensive Planning Act of 1975. The 1990 plan was substantially revised as part of 1998 and 2010 Evaluation and Appraisal Report (EAR) based amendments. It is the intent of their County Comprehensive Plan as amended to encourage the most appropriate use of land, water, and resources consistent with the public interest; to overcome present deficiencies and deal effectively with future problems that may result from the use and development of land within the unincorporated areas of Indian River County; to facilitate the adequate and efficient provision of transportation, water, sewerage, parks, recreational facilities, heucieg schools, and other services; and to conserve, develop, utilize, and protect natural resources and improve housing opportunities within the unincorporated areas of Indian River County. Furthermore, mechanisms to facilitate intergovernmental coordination between the county, its municipalities, regional agencies, and state agencies for planning and development activities are presented. (Ord No 90-22, § 1, 9-18-90) Section 800.03. Adopted Indian River County Comprehensive Plan. (1) The 199Q Indian River County Comprehensive Plan is available to the public for purchase at the county administration building in the Community Development Department and can also be found on the county website at (ircgov.com). Indian River County, Florida, Code of Ordinances Page 2 203 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN 1. Land vse maps. Figures 2.1-9, 2.1-4, 2.16, 2.17, 2.1-8, 2.21, 2.23, 2.25, 2.26, 2.33, 2.33a, and-2,34- 4. nd 2-34 4. Traffic circulatien maps. Figures 1.13, 1.13.2, 1.13.3 (Ord No 90-22, § 1, 9-18-90) Section 800.04. Legal status of the comprehensive plan. Upon adoption of the 4-998 Indian River County Comprehensive Plan, pursuant to Florida Statutes 163.3194, all development undertaken by and all actions taken in regard to development orders approved by Indian River County government agencies shall be consistent with the adopted comprehensive plan. All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan as amended. (Ord. No 90-22, § 1, 9-18-90) Section 800.05. Timetable for comprehensive plan amendment submittal. (1) • _ - - - - _ - . -., Comprehensive plan amendments may be submitted four two times during any calendar year. The county will accept comprehensive plan amendment applications during the entire months of January, April, and July, and October of each year. To inform the public of comprehensive plan amendment timeframes, the planning staff will provides publish notices on the county website for the acceptance of comprehensive plan amendment applications immediately Indian River County, Florida, Code of Ordinances Page 3 204 (2) - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN - _ . -., Following are the exceptions to the normal four times twice a year comprehensive plan land use amendment application acceptance windows. (a) In the case of an emergency, a comprehensive plan amendments may be made at a time other mere often than the four application window times tvAcre during the calendar year if the additional plan amendment receives the approval of all of the members of the Board of County Commissioners. Emergency means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. (b) Any local government comprehensive plan amendments directly related to a proposed Development of Regional Impact (DRI), including changes which have been determined to be substantial deviations and including Florida Quality Developments pursuant to section 380.061, may be considered by the board of county commissioners at the same time as the application for DRI development approval without regard to statutory limits on the frequency of consideration of amendments to the comprehensive plan. Nothing in this subsection shall be deemed to require favorable consideration of a plan amendment solely because it is related to a development of regional impact. (c) Any local government comprehensive plan amendments directly related to a proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan under the following conditions: 1. The proposed amendment involves property totaling (10) acres or Tess 2. The cumulative annual effect of all small scale amendments shall not exceed one hundred twenty (120) acres; 3 The proposed amendment does not involve text changes to the goals, objectives, and policies of the county comprehensive plan; and 4 The proposed amendment is not within an area of critical state concern. (Ord No 90-22, § 1. 9-18-90) Section 800.06. Establishment of fee for comprehensive plan amendments. The Board of County Commissioners shall by resolution establish a fee for comprehensive plan amendment applications. (Ord No 90-22, § 1, 9-18-90) Indian River County, Florida, Code of Ordinances Page 4 205' - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN Section 800.07. Procedures for comprehensive plan amendments. (1) The procedure for amendment of an adopted comprehensive plan or element shall be as-fer--.the as set forth in section 163.3184 F.S. as amended. Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan . The county shall transmit copies of any amendments of its adopted comprehensive plan to the Department of Economic Opportunity (DEO) community ffaire. (2) The county, a property owner, or an interested party may initiate comprehensive plan amendments pursuant to section 1631.3184 and 163.3187, F.S. (1989), as amended. (3) The steps outlined ' below are the procedural requirements which are to be followed when the county receives a petition to amend the County's Comprehensive Plan including Future Land Use Map elerert or text of the comprehensive plan. (a) The community development department shall provide publish a notice on the county website stating that the community development department is accepting petitions for amendmentsto the comprehensive plan. (b) Applicant(s) must attend a pre -application conference with Lona -Range Planning Section staff prior to applying for a comprehensive plan amendment. Applications to amend the Future Land Use Map of the comprehensive plan may be submitted by the owner or owner's agent of property proposed for amendment. The community development department shall initiate the evaluation of amendment requests by reviewing each application for adequacy and completeness. The application will not be considered complete until the following items have been submitted: 1. Notarized letter of authorization if applicant is other than the owner; 2. Verified statement naming every individual having legal or equitable ownership of the subject property; 3. Warranty deed; 4. Title insurance or attorney's opinion of title; 5. Sealed survey of the property that is the subiect of the Future Land Use Map amendment inpluding and shall include a legal description, property size, and adiacent public right-of- way. 6. Written statement discussing the proposed lase amendment, presenting the amendment's consistency with the comprehensive plan, impacts on public facilities and services, environmental impacts, and compatibility with the surrounding area; 7. Existing zoning and land use of parcel; Indian River County, Florida, Code of Ordinances Page 5 206 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN 8. A valid concurrency determination certificate or an application for concurrency determination certificate; and 9. Electronic version of the survey and legal description; and 109. Applicable fee(s). (c) Within ten (10) fifteen (15) working days of receipt of the application, the community development department shall transmit a letter or an e-mail to the applicant notifying him that the application is complete or identifying those items required to make the application complete. (d) If the comprehensive plan amendment is a land use map amendment, the community development department shall review the application to see if the proposed land use conforms to existing zoning. If it does not conform, the community development department shall forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. If a rezoning is necessary, the community development department shall schedule the review process and required public hearings simultaneously with the land use amendment request. (e) The community development department shall prepare a location map for the requested land use amendment. The department shall also prepare an existing and proposed land use map and zoning map, and using aerial photographs as the bacc map. This -map These maps shall delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within three hundred (300) feet of the subject property. This information will be obtained from the survey and supporting information submitted by the applicant. (f) Incomplete applications shall be returned to the applicant with a list of deficient items. (4) Review of the complete application shall begin by completing the following steps for the public hearing before the Planning and Zoning Commission: (a) After the application is complete, the community development department shall review it for reasonableness. The community development department shall determine whether the proposed land use amendment is compatible with the surrounding land uses and whether it will comply with the intent of the land use element of the comprehensive plan as well as the intent of the other elements of the comprehensive plan. The following items shall be evaluated during the review process: 1. The impact of the land use amendment on the traffic circulation and street conditions in the county; 2. The impact of the land use amendment on the county utilities. For the purpose of this review, utilities shall include public water, wastewater, and solid waste facilities; 3. The impact of the land use amendment on the other services and facilities which have established levels of service such as drainage, and parks, and educational facilities; 4. The impact of the land use change on the county's environmental quality. This shall include, but not be limited to, an evaluation of the effects on environmentally sensitive land, groundwater quality, flood control, existing vegetation and agricultural land; 5. The impact of the proposed land use amendment upon any particular need in the county such as housing, agricultural production, special commercial or industrial needs, and other needs as applicable; 6. Proximity and potential impact for other services such as , police protection, fire protection, and emergency medical services; 7 Compatibility of proposed land uses with existing uses and land use designations of surrounding properties. Indian River County, Florida, Code of Ordinances Page 6 (g) - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN The community development department shall make an initial recommendation on each amendment request. A staff report including this recommendation shall be prepared as an agenda item for planning and zoning commission review. The community development department shall compose a title for an ordinance to amend the comprehensive plan. This ordinance shall be all inclusive, containing each individual request submitted for that submittal period. The community development department shall prepare a public notice of the time, date, and place of the planning and zoning commission meeting at which the public hearing to consider recommendations on the proposed amendment will be held. This public hearing notice must will be published at least fifteen (15) days prior to the date of the public hearing. All public notices for concurrent rezonings will be scheduled for the same meeting as the public hearing for amending the plan. The community development department shall prepare rezoning signs containing a copy of the notice of the public hearing and a location map. These signs shall be posted on the property being rezoned. Courtesy letters shall, to the extent feasible, be sent to all property owners within three hundred (300) feet of the land involved in land use changes, describing the location of the proposed change and the time, date, and place of the public hearing before the planning and zoning commission. This step may be waived for requests involving more than five (5) percent of the total land area of Indian River County, as determined by the Community Development Director. After the public hearing, the planning and zoning commission will make a recommendation concerning each comprehensive plan amendment request to the Board of County Commissioners. (h) The community development department shall send a letter or an e-mail to all applicants informing them of the outcome of the Planning and Zoning Commission meeting. The next public hearing is the "transmittal" public hearing before the Board of County Commissioners. (a) The community development department shall send a notice of the public hearing notify—the secretary to the Board of County Commissioners (BCC) of the comprehensive plan amendments which have been received and identify the date of the public hearing at which the Board will review these amendments. (b) The community development department shall prepare an agenda item for each comprehensive plan amendment request. This item must include the recommendations of the planning and zoning commission. Also to be prepared is a resolution for the Board of County Commissioners to authorize transmittal of approved amendments to the department of community affairs for review. This resolution shall be accompanied by a brief agenda item outlining the amendment procedures. (c) The community development department shall send courtesy letters to all owners of property involved in the amendment. This letter must state the proposed amendment, a general description of the area involved, and the time, place, and date of the Board of County Commissioners meeting. This step may be waived for requests involving more than five (5) percent of the total land" area of Indian River County, as determined by the Community Development Director. (d) The community development department shall, to the extent feasible, send all surrounding property owners within three hundred (300) feet of the subject property letters of notification of scheduled public hearings. This letter shall state that "no final action will be taken on this request at this meeting," and shall include a general description of the area involved, the time, place, and date of the public hearing. This step may be waived for request involving more than Indian River County, Florida, Code of Ordinances Page 7 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN five (5) percent of the total land area of Indian River County, as determined by the Community Development Director. (e) The community development department shall prepare plan amendment signs containing a copy of the notice of public hearing and the location map. This sign should read "ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION WILL BE TAKEN AT THIS MEETING." The sign shall be posted on the property requesting comprehensive plan land use amendment. (f) The community development department shall prepare a legal notice of the transmittal public hearing before the Board of County. Commissioners; this notice shall contain the title of the ordinance amending the comprehensive plan and shall state that this meeting is to consider transmittal of the amendments to the State and Regional Review Agencies DE-0 department-of community-a#air-s. The notice shall state that "ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION WILL BE TAKEN AT THIS MEETING." This notice shall be located in Section A of a newspaper of general circulation. The notice shall be no Tess than a image 2 columns by 10 inches in size, and the headline of the advertisement must be in type no smaller than eighteen-point. The advertisement must be accompanied by a map showing the geographic location of all areas involved in the amendment to the land use map. This public hearing notice shall be published approximately seven (7) days prior to the date of the transmittal public hearing The community development department will present each item to the Board of County Commissioners. The Board shall consider the transmittal of each amendment of the comprehensive plan to the State and Regional Review Agencies Affairs (DCA). Any amendment for which the Board denies transmittal is automatically denied. If an amendment which has been denied transmittal includes a concurrent rezoning, that rezoning is also automatically denied. At the end of the public hearings, the Board will announce their intention to hold an adoption public hearing to consider those plan amendment applications transmitted to State and Regional Review Agencies BCA. (6) The next step is the State and Regional Review Agencies' ' review of the comprehensive plan amendments. (a) Within five (5) working days after the Board has determined which amendments will be transmitted to the State and Regional Review Agencies , the community development department shall prepare a transmittal letter of all approved amendments. The DEO letter shall be accompanied by one paper copy and two compact disks (CD) or other similar format accepted by DEO ten (10) sepias of each amendment approved for transmittal. The transmittal letter shall contain a brief description of all action taken to date, and the contact person for the county who will be familiar with the amendment request. The adoption public hearing will be before the Board of County Commissioners. (a) The community development department, after receiving comments from State and Regional Review Agencies ' •• -• •• _ _ - - - - - - - e = , shall schedule the amendments for the adoption public hearing before the Board of County Commissioners. The community development department shall send a notice of the public hearing Ret*the secretary to the Board of County Commissioners (BCC) of the comprehensive plan amendments and identify the date of the public hearing at which the Board will consider these amendments. (g) (7). Indian River County, Florida, Code of Ordinances Page 8 209 - CODE OF ORDINANCES 1 Title VIII COMPREHENSIVE PLAN The community development department shall ensure that the public hearing date for concurrent rezonings coincides with the date for the public hearing before the BCC for related comprehensive plan amendments The community development department shall notify property owners of the public hearing for rezonings prior to the meeting of the Board. (b) The community development department shall, to the extent feasible, send courtesy letters to all owners of property involved in a land use amendment. This letter will state the date, time and general location of the area involved in the amendment. Surrounding property owners (SPOs) letters will also be sent for concurrent rezoning requests. This step may be waived for request involving more than five (5) percent of the total land area of Indian River County, as determined bv the Community Development Director. (c) The community development department shall revise the comprehensive plan amendment agenda item presented to the Board of County Commissioners for consideration at the transmittal hearing to reflect the action taken at the first BCC meeting and include any comments from State and Regional Review Agencies generated by the DCe (d) The community development department shall prepare and publish the standard public notice for concurrent rezonings • - Mechaeicros. The community development department shall also prepare a public notice for the adoption public hearing before the board. This public notice shall contain all information items contained in the notice prepared for the transmittal public hearing, including maps. This notice shall be published approximately five (5) days prior to the adoption public hearing. (e) The community development department shall prepare a land use amendment and rezoning sign and post the sign in the same manner as required for the public hearings before the planning and zoning commission. (f) The community development department shall present each item to the Board of County Commissioners. The Board of County Commissioners shall then make its final decision regarding each amendment request. The Board of County Commissioners will approve plan amendments only if at least one of the following criteria has been met: (g) 1. The proposed amendment will correct an oversight in the adopted plan. 2. The proposed amendment will correct a mistake in the adopted plan. 3. The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property. 4. The proposed Future Land Use amendment involves a swap or reconfiguration of a land use designation at a separate site or sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. The community development department shall prepare an action letter to each applicant informing him of the final decision of the board. (8) The community development department shall forward the adopted comprehensive plan amendments to the DEO and other State and Regional Review Agencies a€faics. (a) The community development department shall, within ten (10) five (5) working days of the comprehensive plan approval, prepare a transmittal letter to the DEO 9GA for the transmittal of all approved amendments. The letter shall be accompanied by one paper copy and two compact disks (CD) or other similar format accepted bv DEO five (5) copies of the agenda item for each approved amendment, and five (5) copies of the executed ordinance amending the Indian River County, Florida, Code of Ordinances Page 9 210 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN comprehensive plan. The letter shall contain a review of all action which occurred prior to final transmittal, and the name of the contact person for the county who is familiar with the amendment. (b) The community development department will make all changes to the Future Land Use f an Map, comprehensive land use plan text, the zoning atlas and any other reference maps to reflect all approved concurrent rezonings. (c) The amendment becomes effective 31 days after the state land planning agency (DEO) determines that the amendment package is complete, unless a challenge is filed by an affected party. taken. (9) Proses -if Local plan or amendment le -incompliance process. The compliance process shall be according to Section 163.3184(9) F.S. as amended action. Indian River County, Florida, Code of Ordinances Page 10 II 211 - CODE OF ORDINANCES Title VIII COMPREHENSIVE PLAN (Ord No 90-22, § 1, 9-18-90) (Note: Delete attached comprehensive plan flow chart) F:\Community Development\Comprehensive Plan Elements\Chapter 800\Ch. 800 Title VIII COMPREHENSIVE PLAN changes in strikethru and underline 2015.docx Indian River County, Florida, Code of Ordinances Page 11 212 Q 800.07 INDIAN RIVER COUNTY CODE Comprehlnslve Plan Amendment Plow Chart Application Submittal to Com.mnity Development Department Application may be mad. la January or July Incomplete Application E . Within 10 Day. 4 AIt*Clan Jutice uorwarded to Applicant Ipeel;ying• .dalicieaolel Insutticlencles addrassed.gy :Applicant and Jpplacatton .psocess; v.-lnl tasted Community Development Director shall initiate review. Determination of Application completeness and data• sufficiency ehaU ase made. 4Appllcatlon Denied Comments requested from T 1 Re • oral Planning Council, Nearby Local Governments, and other state and Regional Agencies 4 lets Application i .Public Nearing 3t alors C eaten Planning i Zoning Commission heciamendatlon to the OCC Transmittal public Nearing before board of County •commisalonare yes 1 Application ?tenomltted to the > Department of Community Affairs.) Within 90 Days i Department of Community Affairs subsite comments to the county Community Development Department Incorporates LA* DCA comments In the agenda item to the BCC Within {0 Days board of County Comalamloners holds final public Marings All, some or none of the proposed amendments are adopted within 5 Day. Adopted amendments will be Transmitted to the DCA Within di Days Department of Community Affairs will review the Transmitted amendment to determine Compliance with state requirements. DCA will Issue the notice of intent. 800/10 213 JJ� Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: October 2, 2015 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2016 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2016. Staff requests direction from the Board. APPROVED AGENDA ITEM BY: /9.(-2?a,u0/ FS6R October 20, 2015 Indian River Co Administrator Approved Date 214; • • • INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2016 MEETING DATES January 12, 2016 July 5, 2016 January 19, 2016 August 16, 2016 February 2, 2016 S pt mber 20, 2016 February 9, 2016 / October 14016 February 16, 2016 \\\November 1, 2016 March 1, 2016 -'N's--) November 15, 2016 March 8, 2016 December 6, 2016 March 15, 2016 December 20, 2016 March 22, 2016 April 5, 2016 April 12,/2016 \ April 19;101/ 9, 2016 May 3, 2016\\\ 2 /May -10 2016 \ <� c May 17, 2O\16\``\\ \ \May24,2016 \\\ Jun\7;2016 l , June 14,2016 / , Draft - 2016 BCC Meeting Dates 9:00 A.M. June 21, 2016 July 5, 2016 \ July 12, 2016 August 16, 2016 \September 13, 2016 S pt mber 20, 2016 October , 2016 / October 14016 \ October 18, 2016 \\\November 1, 2016 ,, \November 8, 2016 -'N's--) November 15, 2016 November 22, 2016 December 6, 2016 December 13, 2016 December 20, 2016 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 14, 2015 SUBJECT: Quarterly Budget Report FROM: Jason E. Brown Director, Office of Management get Attached is the staff report for the fourth quarter of fiscal year 2014/2015. Staff will make a presentation at the Board meeting. ATTACHMENT Quarterly Budget Report APPROVED AGENDA ITEM: BY: er.,Et. Jose A. Baird County Administrator FOR: October 20, 2015 Indian River County roved Date Administrator en' /B//S//S� County Attorney 17, 10-1g(j-i,f Budget /d //41 t Department I Risk Management !! 216 Financial Indicators Snapshot - Sept 2015 -preliminary Report Tee` ues ,i4 L: . Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL - airo RecreatlonjRevenues `"���::;r� NCAC GAC Recreation ProfiOtt&dross i4. Building Dept. Golf Course Fleet SWDD Shooting Range Compared to Prior Year % Change Current Month % Change Year - to -Date Thru Aug collections -trend is positive -YTD figures have exceeded prior year by $934,168 YTD figures have exceeded prior year by $455,302 Varies by month, however,significant annual increase Varies by month, however,significant annual increase 22.0% 18.4% - 11.9% L 4 15.0% ` 6.8% L:J 11.1% 94.2% 6.0% 4 85.7% ?+; 19.0% 96.2% L'::! 30.1% ,' 8.0%1., 18.9% 1* 1.5% 4g,-0.8% 4 49.8% til 18.9% -0.2% 4 32.2% 4 12.1% 0 72.9% 4 19.7% L 1 34.4% 4 '4.0% 4 n/a F.i• 46.3% n/a t n/a 4. n/a n/a n/a 4 n/a 4, n/a fp. n/a Compared to Budget % Variance Current Month % Variance Year -to -Date Thru Aug collections -trend is positive -YTD figures have exceeded prior year by $934,168 YTD figures have exceeded prior year by $455,302 Varies by month, however,significant annual increase Varies by month, however,significant annual increase 22.0% 15.3% 33.5% [ _I 23.9% ID. ` 17.7% 4 7.7% Total Rounds are up 3,433 or 3.8% YTD. Net income of $755,689 vs $582,960 from last year 94.2% 4 70.2% 4`370.6% . 276.1% .1.11}!:-20.4% 4 18.3% 84.5% 4 23.9% tJ 90.3% 4 49.8% til 18.9% -0.2% Eii-igEl 51MED Comments t: - :iett tmax Up from last year and budget -price of gas has fallen -increase in volume Thru Aug collections -trend is positive -YTD figures have exceeded prior year by $934,168 YTD figures have exceeded prior year by $455,302 Varies by month, however,significant annual increase Varies by month, however,significant annual increase Tourist Taxes have exceeded the budget by $335,575. Overall Franchise Tax revenue of $9,637,417 vs $9,719,536 from last year Pool closed for refurbish Nov 3- Dec 22 -Revenues coming back Pool open year round this year -revenues up $11,366 YTO South County Athletics down from last year Building Department P&L up $283,438 from last year Total Rounds are up 3,433 or 3.8% YTD. Net income of $755,689 vs $582,960 from last year Fleet YTD net income of $149,482 vs $182,583 from last year SWDD YTD net income of $626,107 vs $132,532 from last year Shooting Range YTD net income of ($61,294) vs ($80,825) from last year 217' Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2014-2015 4th qtr- preliminary 001- General Fund Account Description REVISED BUDGET YTD Revenues Percentage of Annual Budget Difference from 100% Comments/ Notes 001031 Taxes $42,659,736 $43,186,950 101.2% 5527,214 The county budgeter ad valorem taxes @ 95% we have received 96.2% 001032 Permits And Fees $950 $511 53.8% ($439) Developer extension/modification fees down slightly 001033 Intergovernmental($3,276,382) g $11,622,075 58,345,693 71.8% $437,545 Some grants were budgeted but not yet received 001034 Charges For Services 5678,288 $811,168 119.6% $132,880 Sheriff fees & prisoner revenue higher than anticipated 001035 Judgments, Fines & Forfeits $222,775 $240,561 108.0% $17,786 Radio communication fees exceeded budget 001036 Licenses $99,750 5119,940 120.2% $20,190 Increase in animal licenses 001037 Interest 5111,150 $191,573 172.4% $80,423 Interest earnings exceeded budgeted amounts 001038 Miscellaneous 54,261,800 $15,573,228 54,814,859 $15,573,228 113.0% 100.0% $553,059 $0 Some miscellaneous revenues exceeding budgeted amounts 001038 Fund Tranfser In Subtotal without cash forward 575,229,751 $73,284,483 97.4% ($1,945,268) • 001039 Cash Forward($6,249,519) $6,249,519 50 0.0% Cash forward reserves budgeted, but not actual Grand Total $81,479,270 573,284,483 89.9% (58,194,787) 004 MUNICIPAL SERVICE FUND Account Description REVISED BUDGET YTD Revenues Percentage of Annual Budget Difference from 100% Comments/ Notes 004031 Taxes$108,750 58,844,703 $8,953,453 101.2% The county budgets ad valorem taxes @ 95%. MSTU includes communications tax and business tax that make this lower than other funds. 004032 Permits And Fees $8,773,250 $8,963,303 102.2% $190,053 004033 Intergovernmental 55,323,592 $5,761,137 108.2% $437,545 Lag time in receiving 1/2 cent sales tax- 11 months received in 4 quarters. Estimated Sept payment $325,617 004034 Charges For Services $697,025 5787,008 112.9% 4$89,983 NCAC revenues higher than budgeted. 004035 Judgments, Fines & Forfeits $99,750 5200,118 200.6% $100,368 Code enforcement fines up 004037 Interest 547,500 585,343 179.7% $37,843 Interest earnings exceeded budgeted amounts 004038 Miscellaneous 536,780 $9,006 24.5% ($27,774) Reimbursement for staff time not yet recorded Subtotal -without cash forward 523,822,600 524,759,368 103.9% $936,768 004039 Cash Forward 52,450,764 $0 ($2,450,764) Cash forward reserves budgeted, but not actual Grand Total $26,273,364 524,759,368 94.2% ($1,513,996) 111 TRANSPORTATION FUND Department Description REVISED BUDGET YTD Revenues Percentage of Annual Budget Difference from 100% Comments/ Notes 111032 Permits And Fees $171,000 $151,630 88.7% ($19,370) Paving assessments entry completed at yearend 111033 Intergovernmental $2,817,425 $2,657,031 94.3% ($160,394) Lag time in gas tax- 11 months received in 12 months. Estimated Sept payment 5140,000 111034 Charges For Services -- 592,150 $55,588 60.3% ($36,562) MPO Salary reimbursement entry completed at yearend 111037 lnterest 530,000 $44,218 147.4% $14,218 Paving assessments interest charged here until yearend entry 111038 Miscellaneous 5453,604 $519,658 114.6% $66,054 Surplus sales higher than anticipated 111038 Fund Transfer In 58,573,172 $8,573,172 100.0% $0 Lag time receiving reimbursements Subtotal -without cash forward $12,137,351 $12,001,297 98.9% ($136,054) 111039 Cash Forward 53,050,074 $0 0.0% (53,050,074) Cash forward reserves budgeted, but not actual Grand Total $15,187,425 $12,001,297 79.0% ($3,186,128) 114 EMERGENCY SERVICES DISTRICT Department Description REVISED BUDGET YTD Revenues Percentage of Annual Budget Difference from 100% Comments/ Notes 114031 Taxes $20,687,270 $20,943,170 101.2% 5255,900 The county budgetes ad valorem taxes @ 95% we have received 96.2% 114033 Intergovernmental $92,846 564,114 69.1% ($28,732) Lag time in receiving firemen's comp 114034 Charges For Services 55,289,426 55,220,188 98.7% ($69,238) 114035 Judgments, Fines & Forfeits $10,450 513,400 128.2% $2,950 False fire alarms up 114037 Interest 537,500 $63,203 168.5% $25,703 Interest earnings exceeding budgeted amounts 114038 Miscellaneous $79,222 $31,290 39.5% ($47,932) Lag time receiving reimbursements Subtotal -without cash forward $26,196,714 $26,335,365 100.5% $138,651 111039 Cash Forward $7,205,167 $0 0.0% ($7,205,167) Cash forward reserves budgeted, but not actual Grand Total $33,401,881 $26,335365 78.8% ($7,066,516) Grand Total - All Taxing funds $156,341,940 $136,380,513 87.2% ($19,961,427) Quarterly Budget Report - Budget to Actual Expense Comparison FY 2014-2015 4th Qtr 001- General Fund Department Description REVISED BUDGET YTD Expenses Percentage of Annual Budget Difference from 100% Comments/ Notes 101 BCC Operations $953,098 $899,692 94.4% ($53,406) 102 County Attorney $1,979,874 $1,636,989 82.7% ($342,885) All Aboard Florida legal service expenses not yet incurred. 103 Geographic Info Systems Dept $35,266 $35,266 100.0% $0 106 General Health $837,299 $814,070 97.2% ($23,230) 107 Communications/Emergency Svcs $938,417 $820,326 _ 87 4% ($118,091) Maintenance/software contract payments not as high as budgeted 109 Main Library $2,078,726 $2,028,704 97.6% ($50,022) 110 Agencies $7,777,929 $5,516,163 70.9% ($2,261,766) Community Transportation Coordinator include grant funds that have not yet been expensed and will be "rolled over" to FY 15/16. 111 Medicaid $952,793 $879,136 92.3% ($73,657) Lag time in reimbursement submittals. 112 North County Library $1,206,374 $1,076,920 89.3% ($129,454) Carpeting replacement budgeted, not yet completed. 113 Brackett Family Library $241,761 $228,889 94.7% ($12,872) 114 Value Adjustment Board $86,060 $37,117 43.1% ($48,943) Other Professional Services not yet expended 118 Ind Riv Soil/Water Conservation $42,150 $36,576 86.8% ($5,574) Employee turnover. 119 Law Library $107,517 $107,395 99.9% ($122) 128 Children's Services $650,890 $635,698 97.7% ($15,192) 137 Redevelopment Districts $138,515 $138,434 99.9% ($81) 199 Reserves $5,832,354 $4,099,410 70.3% ($1,732,944) Contingencies budgeted, but not expended. 201 County Administrator $476,457 $474,400 99.6% ($2,057) 202 General Services $120,907 $121,650 100.6% $743 _ 203 Human Resources $385,113 $374,111 97.1% ($11,002) 204 Planning And Development $6,000 $3,925 65 4% ($2,075) Pace Project FY 2014-2015 4th Qtr 001- General Fund Department Description REVISED BUDGET YTD Expenses Percentage of Annual Budget Difference from 100% Comments/ Notes 206 Veterans Services $242,877_ $531,532 $235,461 $465,332 96.9% 87.5% ($7,416) ($66,200) Employee turnover. 208 Emergency Management 210 Parks $2,060,855 $1,860,135 90.3% ($200,720) Fairground Expenditures/Capital Expenditures 211 Human Services $279,032 $219,855 78.8% ($59,177) Billed quarterly for staff from Health Dept. Not processed until October 212 Agriculture Extension $115,769 $105,193 90.9% ($10,576)quarterly. Multi -County Citrus Agent paid Not processed until October 216 Purchasing 5146,854 $146,688 99.9% ($166) 220 Facilities Management $3,649,247 $3,109,286 85.2% ($539,961) Sheriff roof repair 229 Management & Budget $346,442 5341,832 98.7% ($4,610) 237 FPL Grant $175,266 5145,364 82.9% ($29,902) Grants budgeted but not yet fully expended. 238 Emergency Mgmt Base Grant $105,806 $82,945 78.4% ($22,861) Grants budgeted but not yet fully expended. 241 Computer Services $246,006 $246,006 100.0% $0 246 Risk Management $283,218 $283,218 100.0% $0 250 County Animal Control $525,476 5449,855 85.6% ($75,621) Vehicle not yet purchased 251 Mailroom/Switchboard $317,031 5304,985 96.2% ($12,046) 252 Environmental Control $7,033 $5,299 75.3% (51,734) Expenditures based on reimbursement 300 Clerk Of Circuit Court 5980,459 $980,690 100.0% 5231 400 Tax Collector 51,265,104 $3,187,130 251.9% 51,922,026 Commission charged on Ad Valorem collections, most collected by December TC returns excess fees at yearend. 500 Property Appraiser $2,627,782 $2,625,962 99.9% ($1,820) 600 Sheriff $41,228,736 $41,080,351 99.6% (5148,385) 700 Supervisor Of Elections $1,076,490 $1,076,173 100.0% ($317) 901 Circuit Court $26,156 $23,426 89.6% ($2,730) 903 State Attorney 591,608 $83,109 90.7% ($8,499) Expenditures based on reimbursement. 904 Public Defender $4,328 $2,333 53.9% ($1,995) Expenditures based on reimbursement. 907 Medical Examiner $298,663 $298,663 100.0% $0 Grand Total $81,479,270 $77,324,162 94.9% ($4,155,108) FY 2014-2015 4th Qtr 004 - M.S.T.U. Fund Department Description REVISED BUDGET YTD Expenses Percentage of Annual Budget Difference from 100% Comments/ Notes 102 County Attorney $231,050 $196,628 85.1% ($34,422) FMPA/COVB Electric Costs 104 North County Aquatic Center $832,601 $693,791 83.3% ($138,810) Personnel Services lower than anticipated 105 Gifford Aquatic Center $415,637 $320,596 77.1% ($95,041) Personnel Services lower than anticipated 108 Recreation $926,175 $803,967 86.8% ($122,208) Personnel Services lower than anticipated and vehicle purchase outstanding 116 Ocean Rescue $815,724 $770,876 94.5% ($44,848) 161 Shooting Range Operations $404,509 $375,127 92.7% ($29,382) Pro shop expenses lower than budgeted 199 Reserves $20,802,903 $20,524,222 98.7% ($278,681) 204 Planning And Development $265,694 $240,239 90.4% ($25,455) Employee Turnover 205 County Planning $851,743 $846,853 99.4% ($4,890) 207 Environmental Plan/Code Enforc $359,040 $330,797 92.1% ($28,243) 210 Parks $92,471 $86,422 93.5% ($6,049) 214 Roads And Bridges -- - $86,637 $37,368 43.1% ($49,269) Costs to demolish structures condemned by BCC vary and don't occur regularly throughout year. 234 Telecommunications $109,180 $99,823 91.4% ($9,357) Maintenance not yet completed 400 Tax Collector $80,000 $154,162 192.7% $74,162 Commission charged on Ad Valorem collections, most collected by December. TC returns excess fees at yearend. Grand Total $26,273,364 $25,480,873 97.0% (5792,491) FY 2014-2015 4th Qtr 111- Transportation Fund Department Description REVISED BUDGET YTD Expenses Percentage of Annual Budget Difference from 100% Comments/ Notes 199 Reserves $1,567,965 $873,706 55 7% ($694,259) Contingencies and cash forward budgeted, but not expended. 214 Roads And Bridges $8,113,425 $7,487,219 92.3% ($626,206) Contractual services not yet expensed. Position vacancies. 243 Public Works $333,366 $320,873 96.3% ($12,493) 244 County Engineering $1,950,510 $1,790,455 91.8% ($160,055) Renovations and capital purchases not yet completed 245 Traffic Engineering $2,362,661 $1,988,813 84.2% ($373,848) Position vacancies & capital not yet purchased 281 Stormwater $859,498 $714,623 83.1% ($144,875) Maintenance for stormwater projects not yet completed Grand Total $15,187,425 $13,175,689 86.8% ($2,011,736) FY 2014-2015 4th Qtr 114 Emergency Services District Department Description REVISED BUDGET YTD Expenses Percentage of Annual Budget Difference from 100% Comments/ Notes Salaries $15,400,155 $14,750,812 95.8% ($649,343) Benefits $6,751,231 $6,628,163 98.2% ($123,068) Operating $4,874,074 $4,490,265 92.1% ($383,809) Capital Outlay $5,596,674 $2,156,245 38.5% ($3,440,429) Renovations and capital purchases not yet completed Grants and Aids $13,822 $13,821 100.0% ($1) Other Uses $765,925 $721,123 94.2% ($44,802) Grand Total 533,401,881 $28,760,429 86.1% ($4,641,452) (Grand Total - All Taxing Funds $156,341,940 5144,741,153 92.6% 1 ($11,600,787) I FY 2014/2015 BUDGET RECONCILIATION October 1, 2014 to June 30, 2015 Budget Approved Budget as of October 1, 2014: $ 260,379,973 Fund Item Description Grants Received 001 FDOT Grants 001 Express Corridor Grant 001 Transit State Block Grant 001 FTA SEC 5311 Grant 001 Emergency Management Performance Grant 001 Emergency Management Hazmat Grant 001 CERT Grant 001 FTA SEC 5307 Grant 001 Homeland Security Grant 001 EMPA Grant 001 FP&L Disaster Preparedness Grant 001 DOJ SCAAP Grant 001 State Library Aid 001 Florida Bar Intern Grant 001 FTA SEC 5339 Grant 001 FP&L Food for Families 001 Health Dept Grant for MLK Walking Trail 004 Vero Codgers Donations 108 Section 8/VASH Grant 109 DOT/SCOP Grant 109 DOT/LAP Grant 111 DOT Grant 111 Stormwater/Egret Marsh Rake Grant 114 EMS County Awards Grant 121 Drug Testing Grant 121 MACE Grant 123 State Housing Initiative Grant 124 MPO/FDEP MLK Trail Grant 124 Transit Hub Grant 136 HUD Grants 315 DOT Lap Grants 315 DOT SCOP Grant - Aviation/20th Ave Projects Carried Forward from FY 2013/2014 278,317 158,186 81,850 71,943 76,617 3,944 5,461 3,777,765 17,777 38,745 18,000 50,885 39,180 2,500 1,122,453 500 67,000 3,284 77,908 684,642 171,517 21,175 175,000 25,048 5,366 57,250 150,000 150,000 1,150, 000 161,015 1,211,453 292,545 10,147,326 Budget Amendment 9 9 9 5 2 19 5 9+25 5 5 5 2 2 17 5+25 5 18+25 5 5 15 5 13 5 2 5 5 17 7 11 15 10 11 001 Human Resources/Professional Services 800 1 001 County Attomey/Legal Services 60,184 3 001 North County Library/Books 1,337 3 001 North County Library/Carpeting 125,000 7 001 Parks/Automotive 24,207 1 001 FPL Grant/Automotive 27,714 1 001 Emergency Mgmt/Other Contractual Services 8,756 3 001 Senior Resource Association 137,276 3 004 Planning/Legal Services 41,150 3 004 Road & Bridge/Other Contractual Services 32,362 9 004 Recreation/Outside Printing 2,360 1 102 Road Improvements 5,432,000 3 103 Parks/Wabasso Beach Parking Expansion 30,454 3 103 Parks/South County Intergenerational Multi -Purpose Facility 2,383,805 3 F:\Budget\Quarterly Budget Reports\Budget Amendment History 224 I I Fund Item Description Budget Amendment 103 Parks/Sporting Clays 381,376 3 103 Parks/IRLT Lagoon Greenway 302,000 3 103 Landfill/C&D LF Slopes - Seg 1 26,000 3 103 Public Buildings/Land 255,000 3 103 Public Buildings/Refunds 35,250 3 103 Law Enforcement/Transfer Out 100,000 3 103 Corrections/Transfer Out 148,068 3 103 Corrections/Refunds 36,587 3 103 Fire Rescue/Other Machinery & Equipment 57,850 1 103 Fire Rescue/Station #13 560,000 3 106 Court Facilities/Facilities Management/Maint-Bldg 665 16 106 Court Facilities/Courthouse Security System 24,742 1 108 Section 8/TBRA Grant Expense 266,507 3 109 Road Improvements 2,447,350 3 109 Other Contractual Services 480,751 9 111 Public Works/Other Professional Services 51,466 3 111 Stormwater/Egret Marsh Harvest Rake Upgrade 53,000 5 111 Stormwater/Other Contractual 20,666 3 111 Traffic Engineering/Automotive 67,230 1 111 Traffic Engineering/Other Contractual Services 3,468 1 111 Road & Bridge/Heavy Equipment 460,262 1 111 Road & Bridge/Other Machinery & Equipment 140,587 1 111 Road & Bridge/Automotive 164,033 1 112 Special Law Enforcement/Sheriff 11,221 2 114 Fire Rescue/County Awards Grant EMS 17,138 3 114 Fire Rescue/Maint-Buildings 66,610 3 114 Fire Rescue/AII Travel 6,653 3 114 Fire Rescue/Tuition-Registration 16,392 3 114 Fire Rescue/Fire Station #7 Rennovations 500,000 3 114 Fire Rescue/Fire Station #1 Rennovations 750,000 3 120 912 Surcharge/Maintenance Equipment 5,157 1 124 Transit Hub Project 59,717 3 126 Multi -Jurisdictional Law Enforcement/Sheriff 10,359 2 128 Sector 3 Post Construction Monitoring 109,757 3 128 Sector 3 Renourishment - Post Hurricane Sandy 5,391,345 3 128 Beach Restoration/Near Shore Reef 56,900 3 129 CDBG/Neighborhood Stabilization Project 1,721 7 130 CDBG/Neighborhood Stabilization 3 Project 26,780 7 134 Library Bequest Funds 5,330 3 136 HUD Grants 76,200 3 137 Traffic Education 7,776 3 140 Court Facility Surcharge/Maintenance - Other Equipment 4,704 1 140 Court Facility Surcharge/Courthouse Security System 263,588 1 140 Court Facility Surcharge/New Courtroom Facilities 250,000 3 145 Land Acquisition Bond/Jone's Pier 29,937 3 185 Vero Lake Estates/Peition Paving 686,492 3 308 Dodgertown Reserve 128,248 7 315 Agencies/SRA Bus Shelters 30,039 3 315 Facilities Maintenance/New Courtroom Facility 1,000,000 3 315 Facilities Maintenance/Gifford Community Center Improv 17,160 5 315 Fire Services/Automotive 653,982 1 315 Parks/South County Intergenerational Multi -Purpose Facility 3,944,970 3 315 Parks/Other Improvements Except Buildings 24,252 1 315 Parks/Gifford Park Improvements 29,376 3 315 Road & Bridge/Road Projects 12,285,314 1 315 Road & Bridge/Traffic Fiber Optics 10,742 1 315 Traffic Engineering/CCTV Water Tower Cameras 29,025 1 F \Budget\Quarterly Budget Reports\Budget Amendment History 225 Fund Item Description Budget Amendment 315 Public Works/Land 400,000 3 315 Public Works/Osprey Marsh 2,998,757 3 315 Sheriff/Detention Center 12,525 2+3+10 315 Sheriff/Law Enforcement 685,000 3 315 Landfill/41st Brownfield Assessment 81,079 3 471 Wastewater Treatment/Other Professional Services 1,200 1 471 Water Production/Other Professional Services 4,966 1 502 Self Insurance/General Liability 1,600 1 505 GIS Department/Other Professional Services 118,054 3 45,200,329 Donations/Contributions 001 Donations/Library 35,926 2+7+16 001 Donations/Grand Harbor Community Assoc 5,000 23 004 Donations/Codgers 71 22 109 Secondary Roads/Developers Agreement/45th St Canal Encl 30,000 18 70,997 it F:\Budget\Quarterly Budget Reports\Budget Amendment History 226 Fund Item Description Budget Amendment Unbudgeted Items 001 BCC/Unemployment 1,925 16 001 County Attorney/Legal Services/AII Aboard Florida 1,121,000 9 + 21 001 County Attorney/Public Record Request 4,359 21 001 State Health Department/additional budget 24,024 21 001 Agencies/Local Jobs Grant-INPB 81,334 16 001 North County Library/Carpeting 7,000 16 001 Communication/Emergency Services/Other Professional Services 452,500 13 001 Parks/Electric 15,000 19 001 Facilities Management/Legal Services -Admin Roof 50,000 21 001 Mailroom/copy expenses 12,500 22 001 Transportation Coordinator/Senior Resource Association 116,159 17 001 Children's Services/Needs Assessment 27,000 11 001 State Health Department 24,024 21 001 Sheriff Correction Facility/Roof Repair 325,110 21 001 Property Appraiser/Transfers Draw 7,667 2 001 Employee Retirement payouts 20,000 19 001 General Fund/Reserve for Contingency 6,633 16 004 NCAC/Other Improvements Except Buildings 4,500 16 004 GAC/Additional Revenue & Expenses 40,575 21 004 Recreation/Automotive 24,000 16 004 Recreation/Fireworks 146 8 004 Parks/Other Operating Supplies 4,233 16+21 004 Parks/AII Office Supplies 1,350 16 004 GAC/Other Machinery & Equipment 11,000 16 004 Shooting Range/Special Pay 2,692 10 004 Road & Bridge/Other Contractual Services 45,925 9+11 004 County Planning/Legal Services 190000 10+22 004 Environmental Planning/Other Professional Services 20,000 17 004 North County Office replacement telephone system 1,750 18 004 Telecommunications/Communication Equipment Maintenance 7,241 10+21 004 Employee Retirement payouts 83,249 19 103 Impact Fees/Public Buildings/Refunds 152,068 5 103 Impact Fees/Fire Rescue Station #14 25,650 9 103 Impact Fees/Cash Forward 57,076 9 108 Section 8/Unemployment Compensation 2,733 5+17 108 Section 8/grant revenues & expenses 123,961 25 108 Section 8/Special Pay 1615 10 109 Secondary Roads/45th Street Beautification 450,000 5 109 Secondary Roads/CR 512 Resurfacing 228,214 15 111 Traffic Engineering/Automotive 25,000 15 111 Traffic Engineering/Traffic Signals 30,000 21 111 Traffic Engineering/Automotive 25,881 15 111 Road & Bridge/Other Machinery & Equipment 67,700 15 111 Road & Bridge/Heavy Equipment 269,000 15+16 112 Law Enforcement Trust Fund 62,643 11 114 Fire Rescue/Overtime & Legal Services 675,000 21 114 Fire.Rescue/Fire Station #1 134,415 21+25 114 Fire Rescue/Property Appraiser 923 2 114 Fire Rescue/Station #13 1,667,327 9 114 Fire Rescue/Automotive 1,447,253 9 + 21 114 Fire Rescue/Misc. Equipment Purchase 277,000 17 119 Historic Dodgertown/Maintenance - Other Equipment 50,000 9 119 Historic Dodgertown/replacement seating/supplies 3,000 18 120 911 Surcharge Fund/Capital 14,500 11 123 SHIP/Rehab Loan 450,000 19 F:\Budget\Quarterly Budget Reports\Budget Amendment History 227 Fund Item Description Budget Amendment 124 MPO/MLK Walking Trail 44,000 7 126 Law Enforcement Trust Fund/Confiscated Properties 12,037 6 + 20+24 129 NSP3 Grant/Staff time 3,000 21 133 Florida Boating/Boating Facility 57,076 9 136 HUD Grants 6,804 22 140 Court Facility Fund/Maint/Other Equip 9,000 22 145 Land Acquisition/Other Professional Services/Jone's Pier 62,000 5 171 East Gifford Stormwater/East Gifford Drainage 19;000 7 182 Laurelwood Streetlighting District 200 22 185 Vero Lake Estates/millings project 658,735 21 245 GO Bonds/Partial Refunding 20,377,745 17 245 Land Acquisition/Property Appraiser 217 2 308 Dodgertown Capital Reserve Fund/Room Renovations 49,517 25 315 Optional Sales Tax/Public Works/East Gifford Drainage 231,000 7 315 Optional Sales Tax/Main Library/Air Conditioning 238,519 13 315 Optional Sales Tax/Refunds-FEMA 660,765 13 315 Optional Sales Tax/Facilities Management/Other Imp Except Bldg 269,645 15+17+21+22 315 Optional Sales Tax/Parks/Other Improvements Except Buildings 77,183 16 315 Optional Sales Tax/Parks/Other Improvements Exc. Buildings 25,000 21 315 Optional Sales Tax/Parks/Skeet & Trap Phase 2 1,000,000 21 315 Optional Sales Tax/Sheriff/Detention Center 453,519 9+16+21 315 Optional Sales Tax/Road & Bridge/Aviation-20th Avenue 293,523 11 315 Optional Sales Tax/Fire Rescue Vehicles 504,000 21 315 Optional Sales Tax/Clerk of Court 99,065 15 315 Optional Sa;es Tax/ROW Mediated Settlement 555,000 18 411 SWDD/Recycling Education & Marketing Coordinator 99,000 11 411 SWDD/Additional Tonnage 296,416 25 441 Building Dept/New Positions 160,327 4+18+21 441 Building Dept/Incentives 30,000 7 471 Utilities/Partial call of bonds 791,074 22 471 Utilities/COLA 6,393 2 502 Self Insurance Fund/Worker's Comp Claims 800,000 22 504 Health Insurance Fund/Insurance Claims 2,900,000 17 Total - All Amendments 39,776,526 95,195,178 Total Budget as of Sept 30, 2015 prelim: $ 355,575,151 F \Budget\Quarterly Budget Reports\Budget Amendment History 228 October 20, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 15, 2015 SUBJECT: Resolution for Funding - Temporary Lease of up to Two (2) Ambulances FROM: Tim Zorcc—M( Commissioner, District 3 Discussion Item: Request for funding to lease a minimum of one or two ambulances to fill the demand for emergency services until the new ambulances are received by the County. Ordered ambulances are due to arrive in the early part of 2016. 229 11 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM )51&3 Date: To: October 14, 2015 Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 69 Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 4)`" - Subject: Amendment No. 3 to Work Order No. 1 to Kessler Consulting, Inc., for Service Transition Assistance DESCRIPTIONS AND CONDITIONS: On April 8, 2014, the Solid Waste Disposal District (SWDD) authorized Work Order No. 1 to Kessler Consulting, Inc. (KCI) for solid waste procurement services in the amount of $76,090. The scope of work included a Request for Proposal (RFP) process for solid waste and recyclables collection services, coordination with municipalities and other technical services. On February 17, 2015, the SWDD Board approved Amendment No. 1 to Work Order No. 1 with KCI in the amount of $40,790 to provide additional technical services, such as the conversion to single stream recycling, negotiating Interlocal Agreements (ILA's) with the municipalities, developing ordinance revisions and assisting with the Florida Department of Environmental Protection (FDEP) recycling reporting. The 2014 FDEP report has been submitted and staff is reviewing draft ILA's and ordinance revisions prepared by KCI. On June 9, 2015, the SWDD Board approved Amendment No. 2 to Work Order No. 1 with KCI in the amount of $18,520 to provide assistance with transition services. KCI staff has been integral in working with staff to coordinate the implementation of the new collection franchise agreement that started on October 1, 2015. The transition has not been as smooth as anticipated and on October 9, 2015, County Attorney Dylan Reingold put Waste Management on notice that determination of administrative charges under Section 18.2 of the franchise agreement are pending as well as other rights and options Indian River County has under the franchise agreement. Therefore, staff requested and received the attached Amendment No. 3 to Work Order No. 1 from KCI to provide additional transition assistance services. ANALYSIS: KCI has prepared Amendment No. 3 to Work Order No. 1, provided in Attachment 1, detailing the scope of work, budget, and schedule related to additional services in Tasks 1.7, 1.8, 1.9 and 8. Similar to the original work order, the fees to be paid by SWDD for the execution of this work SWDD Agenda - Amendment No 3 to WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 1 of 2 li 230 authorization are to be executed with a piggyback contract for similar consulting services by KCI to Okaloosa County. The tasks are listed below showing the estimated fees based on a time and materials (t&m) basis. TASK DESCRIPTION AMOUNT Task 1.7 Performance Monitoring $11,085 — t&m Task 1.8 Asset Management $7,265 — t&m Task 1.9 Cart Swap Assistance $7,265 — t&m Task 8 Additional Technical Assistance $13,985 — t&m TOTAL = $39,600 FUNDING: Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year. ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $39,600 RECOMMENDATION: . SWDD staff recommends that its Board approve the following: a) Authorize to piggy -back Okaloosa County Contract No. C10 -1781 -PW and approve Amendment No. 3 to Work Order No. 1 with Kessler Consulting, Inc. in the amount of $39,600 to provide service transition services; b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Amendment No. 3 to Work Order No. 1— Kessler Consulting, Inc. APPROVED FOR AGENDA: By: For G9.a-6 JosepVII Baird, County Administrator Date Indian River Co. Approved Date Administration = /0/p!//� `Lj) Legal ' J o) Budget Oil 10(4 15 SWDD `F� ,o If (f SWDD-Finance : G (1{ 40� 4S Purchasing QW 101 114t1 u111(1 s SWDD Agenda - Amendment No 3 to WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 2 of 2 231 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT CONTRACT FOR SOLID WASTE SERVICES WORK ORDER NO. 1, AMENDMENT 3 AUTHORIZATION FORM Date: , 2015 Subject: Solid Waste Procurement Services Scope: The amended Scope of Work is provided in Exhibit A. Schedule: To be completed as detailed in the attached amended Scope of Work. Fee: Time -and -materials budget adjustment not to exceed $39,600 as provided in Exhibit B. IN WITNESS WHEREOF, the parties hereto have executed this Work Order amendment as of the date first written above. AUTHORIZATION: CONSULTANT BOARD OF COUNTY COMMISSIONERS Kessler Consulting, Inc. OF INDIAN RIVER COUNTY By: Title: President By: Wesley S. Davis, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficien A. Baird, County Administrator ylan T. Reingold, County Attorney 232 kessler consulting inc. innovative waste solutions EXHIBIT A — WORK ORDER NO. 1, AMENDMENT 3 AMENDED SCOPE OF WORK FOR SOLID WASTE PROCUREMENT SERVICES BACKGROUND Through Task 1 of Work Order No. 1, Kessler Consulting, Inc. (KCI) assisted Indian River County (County) with procuring solid waste and recycling collection services. The procurement process was successfully completed, a new collection franchise agreement was executed on April 21, 2015, and collection services commenced on October 1, 2015. The purpose of this amendment is to expand the level of effort and budget under Task 1 to enable KCI to further assist the County with transition -related issues and activities for up to four more months. In addition, the scope of work and budget for Task 8, Additional Technical Assistance, are being amended to enable KCI to provide other solid waste assistance to the County as requested, including participation in onsite meetings and field audits. AMENDED SCOPE OF SERVICES Outlined below are three additional subtasks under Task 1 and the anticipated activities under each, as well as Task 8, Additional Technical Assistance. Task 1.7 — Performance Monitoring • Review County and Franchisee complaint logs. • Identify issues and concerns. • Assist in quantifying missed pickups, delays, and non -deliveries. • Propose and facilitate resolution of performance issues. • Participate in calls with County staff and Franchisee as needed. Task 1.8 — Asset Management • Review Franchisee -provided asset management lists. • Identify issues related to residential, multi -family, and commercial asset lists and request revisions from Franchisee. • Verify residential and multi -family cart delivery locations and collections. • Verify commercial container tags and locations. Task 1.9 — Cart Swap Assistance • Confirm cart swap requests and exchanges. • Ensure radio frequency identification (RFID) data is revised in asset management lists. 14620 N Nebraska Ave , Bldg. D, Tampa, FL 33613 1 Tel. 813.971.8333 I Fax. 813 971.8582 I www kesconsultcom 11 233 Work Order No 1, A,moedni_nt 3 -. A:nendetl Scope of Wurk for Solid 1-V-aste :'r ,c, re,nen I o .i o • Provide technical assistance throughout the process. Task 8 — Additional Technical Assistance KCI will continue to assist the County with other solid waste technical services as requested and as the budget allows. Such assistance might include, but would not be limited to, the following activities: • Participate in up to two onsite meetings. • Conduct up to three days of field audits. • Assist with negotiations with Franchisee, if needed. • Provide other assistance as requested by County staff. COMPENSATION Because of the variability in the level of involvement the County might request, KCI proposes to conduct this amended work on a time -and -materials basis for an amount not to exceed $39,600. As demonstrated throughout this project, KCI invoices only for work completed and hours expended. A detailed budget breakdown is provided in Exhibit B. KCI appreciates the opportunity to submit this amendment and looks forward to continue working with the County on this important service transition and other related work. kessler consulting inc. innovative waste solutions 234 Budget EXHIBIT B - FEE SCHEDULE CLIENT Indian River County; fl, ' ". PROJECT NAME Solid Waste Procuremen0ervices,.Amendment.3 PROJECT NUMBER 73-04.00 DATE OF ESTIMATE 10/12/2015 LABOR ' CATEGORY (NAME) KCI HOURLY RATE Task 1.7 Task 1.8 Task 1.9 Task 8 Performance Monitoring Asset Management Cart Swap Assistance Additional Technical Assistance Project Director/Principal $185.00 4.0 2.0 2.0 6 0 14.0 $2,590 Project Manager $140.00 8.0 8.0 8 0 10 0 34.0 $4,760 Senior Consultant $135.00 21.0 21.0 21.0 31 0 94.0 $12,690 Senior Consultant $105.00 28.0 0.0 0 0 28.0 56 0 $5,880 Consultant $85.00 40.0 34.0 34.0 30.0 138.0 $11,730 Research Analyst $75.00 0.0 0.0 0 0 0.0 0.0 $0 Technical Support $50.00 1.0 1.0 1.0 36.0 39.0 $1,950 SUBTOTAL LABOR HOURS 102.0 66.0 66.0 141.0 375.0 $39,600 SUBTOTAL LABOR DOLLARS $11,085 $7,265 _ $7,265 $13,985 $39,600 DIRECT COSTS TRAVEL $0 $0 $0 $0 $0 SUBTOTAL DIRECT COST $0 $0 $0 $0 $0 TOTAL PROJECT BUDGET LABOR + DIRECT COST $11,085 $7,265 $7,265 $13,985 $39,600 kessler consulting, inc.