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03/22/2016
BOARD OF COUNTY COMMISSIONERS V EI C INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA r• "C TUESDAY, MARCH 22, 2016-9:00 A.M. Commission Chambers Indian River County Administration Complex ORIS p' 180127'11 Street, Building A Vero Beach, Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Bob Solari,Chairman District 5 Joseph A.Baird,County Administrator Joseph E.Flescher,Vice Chairman District 2 Dylan Reingold,County Attorney Wesley S.Davis District 1 Jeffrey R.-Smith,Clerk of the Circuit Peter D.O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Terry Cook on His Retirement from Indian River County Board of County Commissioners Department of Public Works/Road and Bridge Division With Twen Three -ears of Service 1-2-- B. Presentation of Proclamation Designating the Day of April 12, 2016, as _Eg_ual Pay Day--------------------------------------------------------------------------------------------3-- March -March 22,2016 Page 1 of 7 6. APPROVAL OF MINUTES PAGE None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Retirement Award and Proclamation Honoring Daniel Clark on His Retirement from Indian River County Board of County Commissioners Department of General Services/North County Library with Twenty-Five Years of Service 4-5 -------------------------------------------------------------------------------------------------------------------- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments March 04, 2016 to March 10, 2016 __(memorandum dated March 10, 2016) 6-12 --------------------------------------------- --------------------- B. West Wabasso Phase lI Sewer and the East Gifford Drainage Project: Environmental Assessment, Signature Required (memorandum dated March 11,_2016) 13-24 - - - - ------------------------------------------------------------------ C. Ixora Park AC Water Main Replacement and Services Relocation, Request for Approval to Retain Kimley-Horn for Surveying Services, UCP No. 4122 __(memorandum dated March 7, 2016) 25-33 - - - - -------------------------------------------------------------------- D. Revised Equal Employment Opportunity Policy,AM-201.1 _(memorandum dated March 15,_2016) 34-37 E. Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility Ambulance Transportation Services __(memorandum dated March 11, 2016)_______________________________________ 38-56 - ---------------------------- F. Approval of Award for Bid 2016023 — Central Regional WWTP Headworks Rehabilitation _(memorandum- - dated March 15, 2016) 57-70 - ---------------- ---------- -------------------------------------------- ________ _ G. FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of CR512 from Roseland Road to US-1 __(memorandum dated March 4, 2016) 71-94 March 22,2016 Page 2 of 7 8. CONSENT AGENDA PAGE H. Florida Department of Law Enforcement FY 2015/2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Contract No. 2016- JAGC-INRI-3-H#-195, Jag Award No. 2015-MU-BX-1066 Certificate of Acceptance of Subgrant Award, Certification of Conflict of Interest _(memorandum_dated March 15,-2016) 95-99 - ------------------------------------------------------------------ I. Gary Rust's Request for Release of Easements at 916 19`h Avenue SW (Oslo Park Subdivision Unit 2) -- -- (memoran- dum dated March 4, 2016) _ 100-106 - ------ -- - .................................................... J. Board Consideration to Approve a Services Consultant Agreement with Atelier AEC, Inc. for Phase IIA Restoration of the Archie Smith Fish House Dock _(memorandum dated March 15,_2016) 107-125 ------------------------------------------------------------------ K. Redus El, LLC Request for Final Plat Approval for Pointe West East Village Phase I South PD __(memorandum dated March 11,_2016) 126-136 L. Indian River County Intergenerational Recreation Center (IG Bldg.) at South County Regional Park—Change Order No. 05 __(memorandum-dated March 72 2016) 137-145 - - - - ------------------------------------------------------------------- M. Amendment No. 3 to Indian River County Public Shooting Range Improvements to Skeet & Trap Facility Professional Civil Engineering and Architectural Services Consultant Agreement RFQ No. 2013017 __(memorandum dated March 8, 2016) 146-152 - - - ------------------------------------------------------------------- 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith, CPA, CGFO, CGMA Agreement to Collect Tourist Development Tax with Airbnb __(memorandum dated March 16, 2016)______________________________________________ 153-166 --------------------- 10. PUBLIC ITEMS A. PUBLIC HEARINGS None March 22,2016 Page 3 of 7 10. PUBLIC ITEMS PAGE B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Wesley Davis, As a Private Citizen, Regarding All Aboard Florida_Disaster Zone 167 2. Request to Speak from Beau Holland Regarding Outstanding Water Lien on 3348 Burlington Place SW 168 - --------- --------------- - 3. Request to Speak from Gifford Economic Development Council Regarding Gifford Infrastructure 169 -------------------------------------------------------------- C. PUBLIC NOTICE ITEMS 1. Notice of a Continued Public Hearing April 5, 2016: MPM Seven, LP Request to Rezone f 12.39 acres located east of Old Dixie Highway, North of 77th Street and west of US Highway 1, from CL, Limited Commercial District, to CH, Heavy Commercial District; and request to rezone f 2.79 acres located approximately 1,450 feet north of 77`h Street, east of Old Dixie Highway and west of US Highway 1, from RMH-6 Residential Mobile Home District (up to 6 units/acre), to CL, Limited Commercial District(Quasi-Judicial) _(memoran-dum_dated March 14,_2016) 170-171 - - - - - --------------------------------------------- 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Agency Report for FPL's Proposed Okeechobee Clean Energy Center(Power Plant) __(memorandum dated March 15, 2016) 172 -237 ------------------------------------------------------- B. Emergency Services None March 22,2016 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None March 22,2016 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT 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. March 22,2016 Page 6 of 7 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 .m. March 22,2016 Page 7 of 7 PROCLAMATION HONORING TERRY COOK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSIROAD AND BRIDGE DIVISION WHEREAS, Terry Cook retired from Indian River- County Road and Bridge Division effective March 31, 2016; and WHEREAS,-Terry -Cook began his career with Indidif River County as Road and Bridge Superintendent on April-S; 1993 and continued in that capacity until his retirement, and WHEREAS, Terry Cook managed-the Road and Bridge Division, the largest division within the Public Works Department, during a period when roadside beautification, median landscaping and irrigation increased dramatically, resulting in greater responsibilityfor the Road and Bridge crews. For several years, he also provided oversight of the Fleet Maintenance Division. During the 2004 hurricane season when the County was devastated by Hurricanes Frances and Jeanne, Terry Cook oversaw vegetation clearing, debris removal and road repair efforts. In addition, he perfected a method of applying asphalt millings onto dirt roads which resulted in a much improved driving surface, less maintenance and a higher quality of life for residents, and WHEREAS, Terry-Cook has served this County and the Public with distinction and selflessness. During his twenty-three years of service; he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike;and NOW, - THEREFORE; BE 7T PROCLAIMED -BY- THE BOARD OF COUNTY COMMISSIONERS.OF. INDIAN-RIVER COUNTY, FLORIDA, that the Board applauds Terry Cook's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-three years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in hisfuture endeavors! Adopted this 22nd day of March 2016. r �v .. BOARD OF COUNTY COMMISSIONERS G INDIAN RIVER COUNTY, FLORIDA * Bob Solari, Chairman al qfiis if to certif y that o= Terry Cook -r is here ,y presented .r fttirement Award for .j c outstanding / ' 1 ..r r i mance and t�• r jaithfidsen*e to Indian 1 Boardof I 1 I r 1years1 2016On this 31st day ofWarch r o Bo6So&fi ►. ctor offt6fic WO* Bwrdof County Comndssiow, Chaiman PROCLAMATION �6 DESIGNATING THE DAY OF APRIL 12, 2016, AS EQUAL PAY DAY WHEREAS, more than 50 years after the passage of the Equal Pay Act, women, especially minority women, continue to suffer the consequences of unequal pay; and, WHEREAS, according to the US Census Bureau, women working full time, year round in 2015 typically earned 21% of what men earned, indicating little change or progress in pay equity, and, WHEREAS, in 2009, the Lilly Ledbetter Fair Pay Act was signed into law, which gives back to employees their day in court to challenge a pay gap, and now we must pass the Paycheck Fairness Act, which would amend the Equal Pay Act by closing loopholes and improving the law's effectiveness, and, WHEREAS, according to one estimate, college-educated women working full time earn more than a half million dollars less than their male peers do over the course of.a lifetime; and WHEREAS, nearly four in 10 mothers are primary breadwinners in their households, and nearly two-thirds are primary or significant earners, making pay equity critical to families' economic security; and, WHEREAS, according to The Fight for Pay Equity: A State Roadmap for Florida, published by AAUW and updated in September, 2015, median earnings for men in Florida were $40,971 compared to $34,768 for women — an earnings ratio of just 85%, or 6'" out of all states and the District of Columbia, and, WHEREAS, fair pay strengthens the security of families today and eases future retirement costs while enhancing the American economy, and WHEREAS, Tuesday, April 12, 2016, symbolizes the time in 2016 when the wages paid to American women catch up to the wages paid to men from the previous year NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the day of April 12, 2016, be designated as Equal Pay Day in Indian River County and the Board encourages all citizens to recognize the full value of women's skills and contributions to the labor force and to further encourage businesses to conduct an internal pay evaluation and to ensure women are being paid fairly and equally Adopted this 22nd day of March, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER nCOUNTY, FLORIDA Bob Solari, Chair an oseph E Flescher, Vice Chairman S D is Peter D O'B an Tim.Zorc 3 c Rog) ,: �'= .3.A. AAU 49 The Fight for Pad/ Equity: A Federal Road Map Updated September 2015 In 2014, U.S.women working full time,year-round were paid just 79 percent of U.S. men's median earnings-a gap of 21 percent.The Equal Pay Act has not been updated since 1963; immediate legislative and executive action is needed to enable women to bring home the pay they have rightfully earned. Issue executive orders and memoranda expanding pay equity protections. f.f President Barack Obama signed three orders in 2014 to address gaps in federal equal pay protections-thereby protecting segments of the civilian workforce from pay discrimination despite congressional gridlock. Issue regulations to enforce executive actions. To implement executive orders and memoranda, agencies must issue draft regulations,take public comments,then issue final regulations. M Prohibit retaliation against employees of federal contractors who talk about their salary with their co-workers Collect compensation data from federal contractors including the race and sex of their employees 0 Require federal contractors to disclose labor law violations riPass the Paycheck Fairness Act (5. 862/H. 1619). This much-needed update would close loopholes in the Equal Pay Act of 1963 by creating incentives for employers to follow the law,empowering women to negotiate for equal pay,and strengthening federal outreach and enforcement efforts. Florida: Tell your member of Congress you want fair pay! Rank- Rank- ing in ing in Member of Earnings State Member of Earnings State Congress* District Men Women Ratios; sss Congress" District Men Women Ratio" sss Miller(R) FL-1 $42,185 $31,997 75.8% 26 Ross(R) FL-15 $42,841 $35,694 83.3% 20 Graham (D) FL-2 $40,431 $34,112 84.4% 16 Buchanan (R) FL-16 $41,775 $35,511 85.0% 14 Yoho(R) FL-3 $42,102 $35,761 84.9% 15 Rooney(R) FL-17 $37,479 $31,443 83.9% 1 18 Crenshaw(R) FL-4 $46,688 $37,720 80.8% 23 Murphy(D) FL-18 1$44,633 $36,855 82.6% 22 Brown(D) FL-5 $32,153 $27,687 86.1% 12 Clawson (R) FL-19 $40,178 $36,628 91.2% 4 DeSantis(R) FL-6 $41,418 $36,653 88.5% 7 Hastings(D) FL-20 $31,815 $30,403 95.6% 1 Mica (R) FL-7 $43,536 $36,5071 83.9% 18 IDeutch (D) FL-21 $47,642 $40,120 84.2% 17 Posey(R) FL-8 $45,590 $35,665 78.2% 24 Frankel(D) FL-22 $46,076 $41,413 89.9% 1 5 Wasserman Grayson (D) FL-9 $35,610 $31,305 87.9% 9 Schultz(D) FL-23 $50,485 $38,043 75.4% 27 Webster(R) FL-10 $44,129 $37,566 85.1% 13 Wilson (D) FL-24 $32,795 $30,330 92.5% 3 Nugent(R) FL-11 $37,764 $31,295 82.9% 21 Diaz-Balart(R) FL-25 $36,569 $32,002 87.5% 11 Bilirakis(R) FL-12 $51,097 $39,749 77.8% 25 Garcia (D) FL-26 $36,417 $33,965 93.3% 2 Jolly(R) FL-13 $41,148 $36,603 89.0% 6 Ros-Lehtinen (R) FL-27 $35,009 $30,9261 88.3% 1 8 Castor(D) FL-14 $40,179 $35,325 87.9% 9 'The above congressional districts represent the 114th Congress. "The pay gap figures are from 2014,the most recently available data. "The congressional districts are ranked from smallest gap to largest. AAUW• 1111 Sixteenth St. NW,Washington,DC 20036•www.aauw.org www.fiphtforfairpay.org•202.785.7793 3.A•a AN 09 <�ao...+aq.oa.ea r.a«rear The Fight for Pay Equity: A State Road Map for Florida Median earnings for men in Florida were$40,971 compared to$34,768 for women — an earnings ratio of just 85 percent, or 6th out of all states and the District of Columbia. As efforts stall at the federal level,states can enact legislation to help women and families at the local level. Florida has some equal pay protections, but we have lots of work to do. We won't stop until all workers have fair pay! v� AAUW Member Engagement. AAUW members care about equal pay and have tools from AAUW National to make progress on state equal pay laws! Equal Pay. Employers must provide men and women with equal pay for equal work. Cover All Employees. Public, private,and small business employers are all covered. [3 Prohibit Retaliation. Employer can't retaliate or discriminate against individuals involved in legal pro- ceedings to enforce the law Establish Transparency. Wage transparency can help reduce the wage gap. 13 No retaliation or discrimination against employees who discuss their wages 0 Employers can't request salary history 0 Employers must post a salary range in job advertisements [3CIarify employer defenses. Employer defenses should be well-tailored and narrow to ensure pay dis- parities only exist in appropriate situations. 0 A"bona fide factor other than sex"defense limited to education,training,or experience 0 Employer defenses must be job-related and consistent with business necessity 0 Defense does not apply if there is an alternative employment practice available 0 Agreement for lesser wage is not a defense [3Establish Strong Legal Procedures and Remedies. Appropriate protections will incentivize employers to pay an equal wage to begin with in order to avoid litigation. Class actions or joint claims permitted 13 Attorney's fees,experts'costs, and other litigation costs covered by employer 13 High fines act as a deterrent; increased fines for employers who have multiple violations [3Keep Records. Employers must keep records that document method,system,and calculations used to es- tablish,adjust,and determine wages. [3Comparable Worth. Employers must compensate men and women equally for jobs that are comparable but not identical—such as jobs requiring comparable education,skills, responsibilities and working conditions. To learn more,contact AAUW Public Policy and Government Relations staff: 202.785.7793, @AAUWPolicy, advocacy@aauw.org,or visit www.aauw.org/resource/state-equal-pay-laws. AAUW(2014).The Simple Truth about the Gender Pay Gap.www.aauw.org/research/the-simole-tmth-about-the-eender-pay-gap/The pay gap is the difference in men's and women's typical earnings,usually reported as either the earnings ratio between men and women or as an actual pay gap.The median vahre is the middle value,with equal numbers of fulltime workers earning more and earning less.In 2014,median annual earnings in the U.S.for women and men working full time,year—round were$39,621 and$50,083,respectively. i 1 1 us is to ceitify t t 1 � I / / e i lliffe/ presen / this fttirementgward for outstanding / I / and faithtfidservke I 1 Inifwn Vver County �s il / / I 1 Commumners t - {1\ 1years1serviceOn this 24th day ofWarch , 2016 f1 ; i • WichaerZito !1� '1 �® PROCLAMATION i HONORING DANIEL CLARE ON HIS RETIREMENT FROM INDIAN RIVER CO UNTY BOARD OF COUNTY COMMISSIONERS - DEPARTMENT OF GENERAL SERVICESINORTH COUNTYLIBRARY WHEREAS, Daniel Clark retired from Indian River County effective March 24, 2016, and WHEREAS, Daniel Clark began his career with Indian River County as a Library Associate H at the North Indian River County Library on February 1f4991. He was - promoted to Library Computer Specialist on March_30, 2001, and continued.in that capacity until his retirement;*and WHEREAS, Daniel Clark has served this County and the Public with distinction and seWessness. During his twenty-five years of service; he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike,and- . NOW, - THEREFORE;--BE 1T PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDL9N RIPER COUNTY, FLORIDA, _that the Board applauds -Daniel Clark's efforts on behalf of the County, and the Board wishes to - express their--appreciation for the dedicated service .he has given to Indian-River Countyfor the last twenty;five years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff - Wend heartfelt wishesfor success in hi:—s future endeavors! Adopted this 241h day of March 2016. BOARD-OF COUNTY COMMISSIONERS INDL9NRIVER COUNTY, FLORIDA -` .. ticZI , Bob Solari, Chairman A22- 5 M JEFFREY R. SMITH, CPA, CGFO, CGMA c°uM,, Clerk of Circuit Court&Comptroller `� Finance Department U1. ... 1801 27h Street Vero Beach,FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 10, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 04, 2016 to March 10, 2016 In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 04, 2016 to March 10, 2016. Attachment: DLB: DB 6 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 336894 03/10/2016 PORT"CONSOLIDATED INC 3 5.713 09 336895 03/10/2016 JORDAN MOWER INC 394.29 336896 03/10/2016 TEN-8 FIRE EQUIPMENT INC 8,537 65 336897 03/10/2016 RANGER CONSTRUCTION IND INC 246 84 336898 03/10;2016 VERO CHEMICAL DISTRIBUTORS INC 593 30 336899 03/10/2016 KIM.LEY HORN &ASSOC INC 2.20000 336900 03/10/2016 VELDE FORD INC 7.575 75 336901 03/110/2016 STEWART MATERIALS INC 622 53 336902 03/10;2016 PARALEE COMPANY INC 50000 336903 03/10/2016 DELTA SUPPLY CO 3239.32 336904 03/10/2016 E-Z BREW COFFEE & BOTTLE WATER SVC 85.42 336905 03/10/2016 GRAINGER 2,80067 336906 03/10/2016 KELLY TRACTOR CO 619.21 336907 03/10/2016 TEMPLE INC 5.410 00 336908 03/10/2016 MCMASTER CARR SUPPLY CO 667.42 336909 03/10/2016 AMERIGAS EAGLE PROPANE LP 27 03 336910 03/10/2016 AMERIGAS EAGLE PROPANE LP 283 79 336911 03/10/2016 GAYLORD BROTHERS INC 246.68 336912 03/10/2016 CLIFF BERRY INC 9600 336913 03/10/2016 HD SUPPLY WATERWORKS. LTD 10.002 46 336914 03/10;2016 VERO INDUSTRIAL SUPPLY INC 477 73 336915 03/10/2016 PROFORMA IMAGING 42 55 336916 03/10;2016 EXPRESS REEL GRINDING INC 1.100 00 336917 03/10/2016 TIRESOLES OF BROWARD INC 3.451.31 336918 03/10/2016 BFS RETAIL OPERATIONS LLC 2,87796 336919 03/10/2016 H C WARNER INC 4,209 02 336920 03/10/2016 BARTH CONSTRUCTION INC 8.844 01 336921 03/10/2016 DELL MARKETING LP 86.22 336922 03/10/2016 GOODYEAR AUTO SERVICE CENTER 4.058 32 336923 03/10/2016 BLAKESLEE SERVICES INC 76000 336924 03/l0/2016 BAKER & TAYLOR INC 7.226.24 336925 03/10/2016 MIDWEST TAPE LLC 364 39 336926 03/10/2016 MICROMARKETING LLC 82.35 336927 03/10/2016 K & M ELECTRIC SUPPLY 1,945 07 336928 03/10/2016 BAKER DISTRIBUTING CO LLC 973.92 336929 03/10/2016 PALM TRUCK CENTERS INC 81685 336930 03/10/2016 GO COASTAL INC 157.56 336931 03/10/2016 SOFTWARE HARDWARE INTEGRATION 5.000.00 336932 03/10/2016 COMMUNITY ASPHALT CORP 47,275 88 336933 03/10/2016 SUNSHINE REHABILATION CENTER OF IRC INC 25500 336934 03/10/2016 CREATIVE CHOICE HOMES XVI LTD 54800 336935 03/10'2016 CLERK OF CIRCUIT COURT 577 98 336936 03/10,-2016 CLERK OF CIRCUIT COURT 559 07 336937 03/10/2016 INDIAN RIVER COUNTY HEALTH DEPT 525 00 336938 03/10/2016 CITY OF VERO BEACH 60 096.57 336939 03/10/2016 CHAPTER 13 TRUSTEE 368.38 336940 03/10/2016 COMPBENEFITS COMPANY 126.00 336941 03/10/2016 COLONIAL LIFE & ACCIDENT INS CO 51.48 336942 03/10/'_016 UNITED PARCEL SERVICE INC 118.37 336943 03/10/2016 PUBLIX SUPERMARKETS 27 95 336944 03/10/2016 PUBLIX SUPERMARKETS 107.12 336945 03/10/2016 WAL MART STORES EAST LP 333 96 336946 03/10/2016 ACUSHNET COMPANY 2.705.82 336947 03/10%2016 AQUAGENIX 463 50 336948 03/10,2016 EXCHANGE CLUB CASTLE 3,601.52 336949 03/10;2016 IRC CHAMBER OF COMMERCE 1,309 00 336950 03/10/2016 FEDERAL EXPRESS CORP 17 93 336951 03/10/2016 DON LAWIESS 6000 7 1 TRANS NBR DATE VENDOR AMOUNT 336952 03110/2016 FLORIDA POWER AND LIGHT 8.21043 336953 03/10/2016 TAYLOR MADE GOLF CO INC 1.895.25 336954 03/10/2016 GIFFORD YOUTH ACTIVITY CENTER INC 7.125.00 336955 03/10/2016 CITY OF FELLSMERE 235.52 336956 03/10/2016 US KIDS GOLF LLC 143 70 336957 03/10/2016 STRUNK FUNERAL HOMES &CREMATORY 42500 336958 03/10/2016 JOSEPH A BAIRD 360 00 336959 03/10/2016 TREASURE COAST SPORTS COMMISSION INC 11.623 09 336960 03/10/2016 BUILDING OFFICIALS ASSOC OF FLORIDA 250 00 336961 03/10/2016 CENTRAL FLORIDA PRIMA 25 00 336962 03/10/2016 CENTRAL FLORIDA PRIMA 3500 336963 03/10/2016 GERALD A YOUNG SR 135 00 336964 03/10/2016 GIFFORD COMMUNITY CENTER 3.264.29 336965 03/10/2016 PITNEY BOWES INC 201.00 336966 03/10/2016 ALAN C KAUFFMANN 220.00 336967 03/10/2016 CHILDRENS HOME SOCIETY OF FL 2.50000 336968 03/1012016 JAMES DEGRAFFENREID 3000 336969 03/10/2016 FLORIDA ROOFING AND SHEET METAL 130.00 336970 03/10/2016 PIERCE MANUFACTURING INC 1.200 00 336971 03/10/2016 SYMBIONT SERVICE CORP 60954 336972 03/10/2016 HAYTH.HAYTH & LANDAU 125 00 336973 03/10/2016 RUSSELL PAYNE INC 31899 336974 03/10/2016 TRANS US INC 37.086 40 336975 03/10/2016 CELICO PARTNERSHIP 540 75 336976 03/10/2016 CINTAS CORPORATION NO 2 185 46 336977 03/10/2016 JOSEPH W VASQUEZ 12000 336978 03/10/2016 HYDROMENTIA 475 00 33697903/10/2016 DASIE BRIDGEWATER HOPE CENTER INC 12.867 54 336980 03/10/2016 M T CAUSLEY INC 16.030 00 336981 03/10/2016 JOHNS EASTERN COMPANY INC 1.425 00 336982 03/10!2016 STAPLES CONTRACT& COMMERCIAL INC 434 70 336983 03/10/2016 GLOVER OIL COMPANY INC 592 55 336984 03/10/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243.24 336985 03/10/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 246 54 336986 03/10/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 137.56 336987 03/1012016 GARY L EMBREY 10000 336988 03/10/2016 KEN CHATAM 16000 336989 03/10/2016 D&S ENTERPRISES OF VERO BCH LLC 3685 336990 03/10/2016 PETER OBRYAN 15 53 336991 03/10/2016 JOHNNY B SMITH 6000 336992 03/10/2016 MUNICIPAL WATER WORKS INC 1.05000 336993 03/10/2016 MIKE MADSEN 500.00 336994 03/10/2016 GLOBALSTAR USA 11810 336995 03/10`2016 CHARLES A WALKER 10000 336996 031110/2016 FISHER& PHILLIPS LLP 503 50 336997 03/10/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2.500 00 336998 03110/2016 SOUTHEAST SECURE SHREDDING 12996 336999 03/10!2016 RENAE CHANDLER 6000 337000 03/10/2016 FLEETBOSS G P S INC 2,955 00 337001 03/10/2016 K'S COMMERCIAL CLEANING 18,219 08 337002 03/10!2016 YOUTH GUIDANCE DONATION FUND 1.250 00 337003 03/10/2016 NICOLACE MARKETING INC 20000 337004 03/10/2016 TERESA PULIDO 330 00 337005 03/10/2016 WEST CONSTRUCTION INC 30,251 92 337006 031110/2016 AMERICHEM LAWN & PEST CONTROL INC 10000 337007 03/10/2016 CIVILSURV DESIGN GROUP INC 2.724 00 337008 03110/2016 INEOS NEW PLANET B10ENERGY LLC 31 46 337009 03/10/2016 WOERNER DEVELOPMENT INC 77200 337010 03/10/2016 CHEMETRICS INC 437.22 337011 03;10/2016 LINDSEY GARDENS 11 LTD 300 00 g 2 TRANS NBR DATE VENDOR AMOUNT 337012 03/10/2016 ECMC 24192 337013 03/10/2016 YOUR AQUA INSTRUCTOR LLC 3000 337014 03/10!2016 PICTOMETRY INTERNATIONAL CORPORATION 122.293 00 337015 03/10/2016 TREKKER TRACTOR LLC 18948 337016 03/10/2016 AG SCAPE SERVICES 15.428 90 337017 03/10/2016 JOSEPH CATALANO 4000 337018 03/10/2016 OVERDRIVE INC 867 80 337019 03/10.•'2016 CIT FINANCE LLC 186.21 337020 03!10/2016 KEITH GROCHOLL 10000 337021 03/10/2016 VEROTOWN LLC 450 00 337022 03/10/2016 ALAN JAY CHEVROLET CADILLAC 190.190 00 337023 03/10/2016 BORRELLI 8 PARTNERS INC 7,89996 337024 03/10/2016 CLEAR VILLAGE INC 32.062 00 337025 03/10/2016 LINDA GRAHAM 270 00 337026 03,110/2016 REHMANN GROUP LLC 9.865 00 337027 03/10/2016 FLORIDA TIME CLOCK 122 75 337028 03/10/2016 REPROGRAPHIC SOLUTIONS INC 11 52 337029 03/10/2016 LOWES HOME CENTERS INC 1,908 05 337030 03/10/2016 LABOR READY SOUTHEAST INC 5.222.88 337031 03/10/2016 ALADTEC INC 8.209 00 337032 03/10/2016 EMILY K DIMATTEO 10.00 337033 03/10/2016 ALEX MIK-LO 12000 337034 03/10/2016 STEVEN G HANSEN 12000 337035 03/10/2016 BURNETT LIME CO INC 6,53800 337036 03/10/2016 PENGUIN RANDOM HOUSE LLC 40800 337037 03/10/2016 CHEMTRADE CHEMICALS CORPOR7ATION 2.275.23 337038 03/10/2016 WADE WILSON 10000 337039 03/10/2016 FAMILY SUPPORT REGISTRY 9.66 337040 03/10/2016 FAMILY SUPPORT REGISTRY 14679 337041 03/10/2016 RDW QUALITY BUILDERS LLC 16.200 00 337042 03/10!2016 FORTILINE INC 4.59960 337043 03/10!2016 STS MAINTAIN SERVICES INC 1.450.00 337044 03/10/2016 AMERITAS 1.018.20 337045 03/10/2016 AMERITAS 24.508.35 337046 03/10/2016 RONALD NICHELSON 100.00 337047 03/10!2016 FOUNDATION FOR AFFORDA B LE RENTAL 69700 337048 03/10/2016 MASCHMEYER CONCRETE COMPANY OF FLORIDA 987.32 337049 03/10/2016 SYLIVIA MILLER 1.361 00 337050 03/10/2016 FLORITURF SOD INC 312 00 337051 03/10/2016 ARCHER PLASTICS INC 4.984 60 337052 03/10/2016 ENCORE ONE LLC 2.271 86 337053 03/10/2016 LONGHORN LANDSCAPING AND SOD LLC 1 957.50 337054 03/10'2016 TK6INC 4.156.80 337055 03/10/2016 JOSEPH DIZONNO 4000 337056 03/10/2016 GENUINE PARTS COMPANY 394 76 337057 03/10/2016 TRIBOND LLC 8.167 44 337058 03/10/2016 DELTA MANAGEMENT ASSOCIATES INC 46247 337059 03!1012016 ENTERPRISE RECOVERY SYSTEMS INC 223 92 337060 03/10/2016 CATHEDRAL CORPORATION 2.973.24 337061 03/10/2016 WANTMAN GROUP INC 41440 337062 03/10/2016 UNIFIRST CORPORATION 256 73 337063 03/10/2016 UNIFI.RST CORPORATION 1.692.30 337064 03/10/2016 SERVICE LIGHTING g ELECTRICAL SUPPLIES INC 505 90 337065 03110/2016 SONRISE VILLAS lI LLC 542 00 337066 03%10/2016 VCA ANIMAL HOSPITALS INC 41.37 337067 03/10/2016 MARK DEAN RILEY JR 10000 337068 03,110/2016 WILSON SPORTING GOODS CO 562 68 337069 03/10/2016 SCHUMACHER AUTOMOTIVE DELRA� LLC 521 68 337070 03/10/2016 SITEONTE LANDSCAPE SUPPI_)' LLC 394 18 337071 03/10/2016 DEBORAH A NOVACK 121000 9 TRANS NBR DATE VENDOR AMOUNT 337072 03/10/2016 ADVANCE STORES COMPANY INCORPORATED 26542 337073 03/10/2016 PATRIOT PRODUCTIONS LLC 1.000 00 337074 03/10/2016 DENISE GILLESPIE 2000 337075 03/10/2016 EGP DOCUMENT SOLUTIONS LLC 1.592.39 337076 03/10/2016 DALTON LAWLESS 6000 337077 03/10/2016 RUSSELL L ONVEN 111 8000 337078 03/10/2016 PTE GOLF LLC 53997 337079 03/10/2016 BILL AND WANDA LAW 2642 33 7080 03/10/2016 REMODELING OF VERO BEACH 75 00 33708] 03!10/2016 NADJA NEVISMAL-RICCI 51 42 337082 03/10/2016 GEORGE M BACZYNSKI 500 00 337083 03/10/2016 SHEILA O'SULLIVAN 9981 337084 03/10/2016 UTIL REFUNDS 82.50 337085 03/10/2016 UTIL REFUNDS 8980 337086 03/10/2016 UTIL REFUNDS 63.59 337087 03/10/2016 UTIL REFUNDS 213.22 337088 03/10/2016 UTIL REFUNDS 4460 337089 03/10/2016 UTIL REFUNDS 7660 337090 03/10/2016 UTIL REFUNDS 24.54 337091 03/10/2016 UTIL REFUNDS 59.71 337092 03/10/2016 UTIL REFUNDS 13.21 337093 03/10/2016 UTIL REFUNDS 64.38 337094 03/10/2016 UTIL REFUNDS 18.53 337095 03/10/2016 UTIL REFUNDS 37.25 337096 03/102016 UTIL REFUNDS 4640 337097 03/10/2016 UTIL REFUNDS 54.27 337098 03/102016 UTIL REFUNDS 1694 337099 03/10/2016 UTIL REFUNDS 2 77 337100 03/10/2016 UTIL REFUNDS 36.29 337101 03/10/2016 UTIL REFLNDS 78 32 337102 03!10/2016 UTIL REFUNDS 16-54 337103 03/10/2016 UTIL REFUNDS 4659 337104 03/10/2016 UTIL REFUNDS 7.35 337105 03/10/2016 UTIL REFUNDS 26.31 337106 03/10/2016 UTIL REFUNDS 3890 337107 03/10/2016 UTIL REFUNDS 21 63 337108 03/10/2016 UTIL REFUNDS 212 70 337109 03/10/2016 UTIL REFUNDS 3 95 337110 03/10/2016 UTIL REFUNDS 30.29 337111 03!10/2016 UTIL REFUNDS 25.96 337112 03/10/2016 UTIL REFUNDS 19 45 337113 03!10/2016 UTIL REFUNDS 16.33 337114 03/10;2016 UTIL REFUNDS 77.53 337115 03/10/2016 UTIL REFUNDS 81 88 337116 03/10/2016 UTIL REFUNDS 6760 337117 03/10,'2016 UTIL REFUNDS 82 77 337118 03/10/2016 UTIL REFUNDS 83 05 337119 03/10/2016 UTIL REFUNDS 63 72 337120 03110/2016 UTIL REFUNDS 15 11 337121 03/10/2016 UTIL REFUNDS 45 73 337122 03/10/2016 UTIL REFUNDS 37.23 337123 03/10/2016 UTIL REFUNDS 55 75 337124 03/10/2016 UTIL REFUNDS 9647 Grand Total: 907.654.29 10 4 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1008551 03/07/2016 HENRY SCHEIN' INC 96.25 1008552 03/07/2016 INDIAN RIVER OXYGEN INC 3.28000 1008553 03/07/2016 GALLS LLC 1.351.26 1008554 03/07/2016 NEWMANS POWER SYSTEMS 1.877 90 1008555 03/07;2016 RECORDED BOOKS LLC 396 00 1008556 03/07/2016 ROGER CLEVELAND GOLF INC 87 58 1008557 03/07/2016 GLOBAL_GOLF SALES INC 1,10693 1008558 03/07/2016 MIDWEST MOTOR SUPPLY CO 2.548 11 1008559 03/07/2016 SOUTHERN JANITOR SUPPLY INC 3.075.50 1008560 03/07/2016 CAPITAL OFFICE PRODUCTS 1._711 81 1008561 03/07!2016 BENNETT AUTO SUPPLY INC 23 87 1008562 03/072016 EASY PICKER GOLF PRODUCTS INC 1.157 42 1008563 03/09/2016 ATRT 1.910 49 1008564 03/09/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,268 77 1008565 03/09/2016 CALLAWAY GOLF SALES COMPANY 332.27 1008566 03/09/2016 WASTE MANAGEMENT INC 3.169.30 1008567 03/09,2016 POLYDYN IE INC 7.52.1.00 1008568 03/09/2016 BRIDGESTONE GOLF INC 17962 Grand Total: 31,094.08 11 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4185 03/04/2016 BLUE CROSS& BLUE SHIELD OF FLORIDA INC 16,278.57 4186 03/04/2016 CERIDAN COBRA SERV 228.69 4187 03/04/2016 HEALTH ADVOCATE 1,143.45 4188 03/04/2016 BLUE CROSS& BLUE SHIELD OF FLORIDA INC 34,615.35 4189 03/04/2016 MUTUAL OF OMAHA 16,563.56 4190 03/04/2016 C E R SIGNATURE CLEANING 5,000.00 4191 03/04/2016 CDM SMITH INC 34,050 00 4192 03/04/2016 TITLE& ABSTRACT AGENCY OF AMERICA INC 15,000.00 4193 03/07/2016 INDIAN RIVER COUNTY SHERIFF 30,000.00 4194 03/07/2016 VETERANS COUNCIL OF I R C 5,473.50 P-CARD 03/08/2016 WELLS FARGO BANK,N.A. 36,342.57 4195 03/10/2016 IRS-PAYROLL TAXES 17,849.46 4196 03/10/2016 ALLSTATE 385.88 4197 03/10/2016 MUTUAL OF OMAHA 6,582.39 4198 03/10/2016 SENIOR RESOURCE ASSOCIATION 286,397.75 Grand Total: 505,911.17 12 Consent Item Agenda INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 11, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: West Wabasso Phase II Sewer and the East Gifford Drainage Project: Environmental Assessment, Signature Required DESCRIPTIONS AND CONDITIONS: On December 1, 2015, the Indian River County Board of County Commissioners (BCC) approved the Federally- Funded Sub-Grant Agreement—FFY 2014 Funding Cycle for Contract Number: 16DB-OK-10-40-01-N 05 for the West Wabasso Phase II Sewer and the East Gifford Drainage Project. The Sub-Grant was executed by the Department of Economic Opportunity(DEO)on January 7,2016. ANALYSIS: Prior to funds being released by DEO, the Environmental Assessment must be completed and signed off by the DEO. The County's grant administrator, Guardian Community Resource Management, Inc., (Guardian) is now ready to submit the Environmental Assessment to the DEO. FUNDING: No funds will be encumbered for the subject task. RECOMMENDATION: Staff requests the Board to authorize the Chairman to execute the Environmental Assessment for HUD Funded Proposal, Page 3 of 11. ATTACHMENT(s): 1. Environmental Assessment for HUD Funded Proposal (11 Pages) APPROVED FOR AGENDA: Indian River Co. AppDate 1 By: Administration -7 Ido JoseA A. Baird, County Administrator Legal Budget (b F :��,rc,�J .��- IN Utilities t (b Date Utilities-Finance C1W3-(q FAUtilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP# 13 4117\Admin\BCC Items\No Significant Impact 3-11-16.docx Updated 12/2014 Environmental Assessment for HUD-funded Proposals Recommended format per 24 CFR 58.36 Y. FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY Project Identification/Contract Number: 16DB-OK-10-40-01-N05 Preparer Name (Typed): J. Corbett Alday Preparer Title (Typed): Vice President and COO, Guardian CRM, Inc. Responsible Entity/Local Government Name: Indian River County MonthNear: February, 2016 14 ®RE vioalw oeaear«�xr� Updated 12/2014 Environmental Assessment Responsible Entity: Indian River County [24 CFR 58.2(a)(7)] Certifying Officer: Bob Solari, Chairman Indian River County Board of County Commissioners [24 CFR 58.2(a)(2)] Project Name: West Wabasso Phase 2 New Sewer Mains and New Sewer Hookups/Gifford Flood and Drainage. Project Location: Service area 1 general location is in the northeast section of Indian River County Oust north of Vero Beach off of Highway US 1. The boundary streets for the proposed project are in the area south of 510 between 64th Avenue and 62nd Avenue. Service area 2 general location is in the East Gifford area between 28th Avenue to the west, Old Dixie Highway to the east, 43rd Street to the north and 42nd Street to the south encompassing 42nd Place, 27th Avenue, 26th Avenue, 25th Avenue, 24th Court and 24th Avenue. Estimated total project cost: $1,297,000.00 Grant Recipient: Indian River County [24 CFR 58.2(a)(5)] Recipient Address: 180127 th Street, Vero Beach, Florida 32960 Project Representative: Ariuna Weragoda Telephone Number: (772) 226-1821 Conditions for Approval: All necessary permits and certifications will be obtained before issuing an notice to proceed, a stormwater pollution prevention plan will be developed and maintained at the site, erosion control measures are to be taken by awarded contractor according to the stormwater pollution prevention plan within the project plans along with best management practices also included within the project plans. (List all mitigation measures adopted by the responsible entity to eliminate or minimize adverse environmental impacts. These conditions must be included in project contracts and other relevant documents as requirements). [24 CFR 58.40(d),40 CFR 1505.2(c)] Page 2 of 11 15 [Previously recommended EA formats are obsolete] DMO ►oe�vzr�sxtr CCOMON Updated 12/2014 FINDING: [58.40(g)] Finding of No Significant Impact (The project will not result in a significant impact on the quality of the human environment). Finding of Significant Impact (The project may significantly affect the quality of the human environment) 7 Preparer Signature: Date: Qzo Title and Agency: Vic President and COO, uardian CRM, Inc. RE Approving Official Signature: Title: Chairman Date: Local Government Name and Location: Indian River County, 1801 27th Street, Vero Beach, Florida 32960 Statement of Purpose and Need for the Proposal: [40 CFR 1508.9(b)] New sewer mains and lift station are needed to provide for elimination of a substandard septic systems and improve quality of life for the community by improving property values and providing access to safe sanitary sewer, a complimentary benefit will be the reconstruction of streets and paving to modern standards, further adding to the quality of life in the community. Re-graded swales and new culvert pipes will convey stormwater flows to the existing wet detention pond located south of 42nd Street to provide improvements to the flood and drainage in the area. Description of the Proposal: Include all contemplated actions, which logically are either geographically or functionally a composite part of the project, regardless of the source of funding. [24 CFR 58.32, 40 CFR 1508.25] The proposed project includes Phase II of the West Wabasso new sewer mains, 16 manholes and laterals and up to a possible 45 sewer hook-ups. A complimentary benefit will be the reconstruction of streets and paving to modern standards. The Gifford Flood and Drainage improvement project includes improving' swales and new culverts in the East Gifford area. These re-graded swales and new culvert pipes will convey stormwater flows to the existing wet detention pond located south of 42nd Street. Existing Conditions and Trends: Describe the existing conditions of the project area and its surroundings and trends likely to continue in the absence of the project. [24 CFR 58.40(a)] The project is one part of the larger West Wabasso Sewer Improvements Plan Phase 2 project. The intent of these funds are to benefit low and moderate income persons and address speck and urgent needs, in this case, health and safety due to septic tanks that are 50 years old and not current with modern standards and heavy rains will cause the septic sVstems to not work. Page 3 of 11 16 [Previously recommended EA formats are obsolete.] DEW-54',"' rLofm o�wr►naxri °XO`O'"�OPP '"'T" Updated 12/2014 STATUTORY WORKSHEET 24 CFR §58.5 .and §58.6 STATUTES, EXECUTIVE ORDERS & REGULATIONS Project Name: West Wabasso Community Sewer System Gravity Sewer Plan Phase 2 and Gifford Flood and Drainage Project Project Contract Number: 16DB-OK-10-40-01- N05 Project Description: Include all contemplated actions that logically are either geographically or functionally part of the project: Homes in the West Wabasso Phase 2 service area currently are hooked to septic tanks. Health and safety conditions will improve with the provision of the CDBG funded public sewer lines. The new sewer lines in West Wabasso will allow substandard septic systems to be eliminated and improve the quality of life for that community by improving property values and providing access to safe and sanitary sewer service. A complimentary benefit will be the reconstruction of streets and paving to modern standards, further adding to quality of life in the community. The project includes new sewer lines, 16 manholes and laterals. A new lift station will also be provided south of County Road 510. Health and safety conditions will improve with the provision of sewer hookups, up to 45 hookups are possible. The Gifford Flood and Drainage Service area include improving swales and constructing new culverts in the East Gifford area. Re=qraded swales and new culvert pipes will convey stormwater flows to the existing retention pond located south of 42nd Street. DIRECTIONS: Write "A"in the Status Column when the proposal, by its scope and nature, does not affect the resources under consideration; or write `B" if the project triggers formal compliance consultation procedures with the oversight agency, or requires mitigation(see Statutory Worksheet Instructions). Compliance documentation must contain verifiable source documents and relevant base data. Compliance Factors: ' r STATUTES, EXECUTIVE ORDERS AND COMPLIANCE DETERMINATION REGULATIONS LISTED AT 24 CFR§58.5 A/B AND DOCUMENTATION HISTORIC PRESERVATION A The proposed project is not anticipated to have 36 CFR PART 800 an effect on historic properties. SHPO and THPO have been contacted, comments have been requested. SHPO responded with a'no effect'determination,also historic registry has been reviewed. See registry,comment letters, NEPAssist locations map. FLOODPLAIN MANAGEMENT A The project does not involve property acquisition, 24 CFR §55 & EXECUTIVE ORDER 11988 management,construction or improvements of more than four(4)residential units within a SFHA or 100—year floodplain. FEMA has been contact, requested comments, none received. See attached FEMA Firm map,comment letters. Page 4 of 11 17 [Previously recommended EA formats are obsolete.] Updated 12/2014 WETLAND PROTECTION A The project does not involve new construction, EXECUTIVE ORDER 11990 draining,filling,diking or impounding within or immediately adjacent to wetlands,marshes,wet meadows, mud flats or natural ponds per field observation and maps. USFW and US Army Corps have been contacted, comments requested. None received. The project is not located in or near the wetlands. See wetlands map,see comment letters. COASTAL ZONE MANAGEMENT ACT A The project is not located within a coastal zone SECTIONS 307(c) & (d) management area. See attached Coastal Zone maps. SOLE SOURCE AQUIFERS A The project is not located within a US EPA 40 CFR 149 designated sole source aquifer watershed area. See attached Sole Source Aquifer map, project location maps. ENDANGERED SPECIES ACT A The project is not like to adversely affect any 50 CFR 402 federally protected threatened or endangered species. No endangered species were noted during field inspection. USFW have been contacted, see comment letter, endangered species list. WILD AND SCENIC RIVERS ACT A The project is not located within one mile of a SECTIONS 7(b) & (c) listed Wild and Scenic River. See attached wild and scenic river map and project location maps. CLEAN AIR ACT A The project is not located within an attainment are SECTIONS 176(c)(d) & 40 CFR 6, 51, 93 for criteria pollutants. Project is located within the EPA approved area. See Non-Attainment map FARMLAND PROTECTION POLICY ACT A The project area is not located within an area of 7 CFR 658 prime or unique farmland. See Farmland map . indicabnq proiect location zoning map. ENVIRONMENTAL JUSTICE A The project area will not be adversely impacted EXECUTIVE ORDER 12898 by adverse health or environmental conditions. The project is intended to improve health and safety of Low to Moderate Income residents in the area by improving septic system,flood and drainage along with the repavement of roads to make improvements to the quality of life in the area. NOISE ABATEMENT & CONTROL A The project does not involve the development of 24 CFR §51 B noise sensitive uses and is not within line of signet of a major or arterial roadway or railroad. Construction will be limited to daytime hours and is limited for the length of the construction process of the project. A The project does not include a hazardous facility EXPLOSIVE & FLAMMABLE OPERATIONS and will not be increasing residential densities or 24 CFR 51 C conversion. Upon field inspection of the project areas, no aboveground storage containers were noted. See project description,field inspection photos, google earth images. HAZARDOUS, TOXIC OR RADIOACTIVE A The project area and adjacent area appear to be MATERIALS & SUBSTANCES free of hazardous materials,contamination,tobc 24 CFR 58.5(1)(2) chemicals,gasses and radioactive substances. No nearby dumps,landfills,or industrial sites were noted. See Toxics maps, google earth images,facility reports. Page 5 of 11 18 [Previously recommended EA formats are obsolete.] DE w os�xarr ccrnrowc° O """ Updated 12/2014 AIRPORT CLEAR ZONES A The project is not within an FAA designated & ACCIDENT POTENTIAL ZONES civilian airport runway clear zone or within a 24 CFR 51 D military airfield dear zone. See attached Airport location maps, project location area maps. NEPA Environmental Assessment Checklist [Environmental Review Guide HUD CPD 782, 24 CFR §58.40; Ref. 40 CFR §1508.8& §1508.27] Evaluate the significance of the effects of the proposal on the character, features and resources of the project area. Enter relevant base data and verifiable source documentation to support the finding. Then enter the appropriate impact code from the following list to make a determination of impact. Impact Codes. (1)- No impact anticipated; (2) -Potentially beneficial; (3) - Potentially adverse; (4)- Requires mitigation; (5) - Requires project modification. Note names, dates of contact, telephone numbers and page references.Attach additional material as appropriate. Note conditions or mitigation measures required. Land Development Code Source or Documentation Conformance with Comprehensive Plans 1 A portion of the proposed project is an additional phase and Zoning to the Indian River County's West Wabasso Gravity Sewer Plan. Each planned project is consistent with the County's comprehensive plan. The local Regional Planning Council,and the State Clearinghouse have reviewed the project and provided clearance letters. See Comp plan,clearance letters,zoning. Compatibility and 1 The project is located within residential areas and will Urban Impact be of no impact to urban areas and is consistent with the residential zoning and County comprehensive plan. The local Regional Planning Council and the State Clearinghouse have reviewed the project and provided clearance letters. See Comp plan,clearance letters, zoning. Slope 1 The slope will remain unchanged, slopes on channel bottoms are to equal slopes of the lines entering and exiting manholes. All restoration in the right of way shall be restored in like or better condition including sidewalks, driveways and drainage. See plans. Erosion 1 The contractor shall be-responsible for erosion control within best management practices for the duration of the project until such time as the project has been certified as completed. The contractor shall seed and mulch or sod all open space areas to be grassed immediately following final grading and completion of all underground utilities. All side slopes of stormwater management areas shall be sodded on completion of final grading. All inlets shall be protected from collection of eroded materials by installation of temporary filter fabric and/or hay bales. Floating turbidity barriers shall be installed within all water bodies downstream of construction activities where protection against turbid waters discharge may occur. The contractor shall provide dust control,such as an on site water truck. See plans,soil survey. Soil Suitability 1 There is no indication of adverse soil conditions to development. See soil survey. County engineer developed the construction plans. Hazards and Nuisances 1 The project is located in a residential area. Any noise including Site Safety generated will be limited to the construction phase of the project to take place during normal work.hours. Site Page 6 of 11 19 [Previously recommended EA formats are obsolete.] DEQ RLOFOO, DEPARMENiI Updated 12/2014 safety measures are also addressed within the construction plans. The contractor shall install stand mounted advance construction signing in accordance with FDOT Standards for any work less than 15 feet from the edge of pavement, there shall be no excavations left open when work is not actively being performed,traffic shall be restricted to a single lane when any work encroaches the area between the centerline and 2 feet outside the edge of pavement one lane closures shall be in accordance with FDOT standards,traffic engineering shall be notified 24 hours in advance of any lane closings,all construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by type II barricades with flashing lights, construction fencing used in the work area to protect equipment or excavations shall not block sight distance near intersections or drive way restorations,all right of way shall be restored in like or better condition including sidewalks,driveways and drainage,the roadway cross section shall be per IRC roadway standards, pavement shall be saw cut at ends of project and for all trenching, existing asphalt shall be removed base shall be reconstructed with proper density and roadway shall be repaved with overlay to meet standard specifications for road and bridge. See construction plans. Energy Consumption 1 No energy consumption to be affected,see scope of project. Noise- 1 The project is not a noise generating facility. See Contribution to Community Noise Levels _project scope Air Quality- 1 The construction plans calls for the contractor to Effects of Ambient Air Quality on Project and provide dust control such as an on site water truck. No Contribution to Community Pollution Levels negative effect on air quality anticipated after construction phase is completed. See project scope, construction plans. Environmental Design- 1 The project was designed by the County engineer and Visual Quality-Coherence, Diversity, Compatible Use is a compatible project to the given project area. See and Scale project scope,construction plans,comp Ian. Socioeconomic Code Source or Documentation Demographic Character Changes 2 The Florida Department of Health in Indian River County was contacted during the application and has advised the construction of a gravity sewer system in the area will promote community health to Indian River County citizens by improving an underserved area and vulnerable population. Also noted,the proposed project would positively impact water quality and the Indian River Lagoon. The application process also required service area income surveys and it was determined that the majority of the area are residents of low to moderate income that will have a positive benefit and improvement in quality of life. See attached letter from Dept. of Health. Displacement 1 The project will not displace individuals or families, see project-sco e. Employment and Income Patterns 2 Temporary jobs may be created in the construction hase of the project. Community Facilities and Services Code Source or Documentation Page 7 of 11 20 [Previously recommended EA formats are obsolete.] m D�E 2-0 Ftelm m Updated 12/2014 Educational Facilities 1 Project will not lead to population increase. School board contact,comment requested and none received. See project scope,area maps, comment letters. Commercial Facilities 1 No new development involved in project and is not anticipated to adversely affect commercial facilities. See project pIans, area maps. Health Care 1 No increase in population expected due to the project, there are no health care facilities in the project area. See project plans,area maps. Social Services 1 There are no social service agencies within the project area. The project has been coordinated with the IRC SHIP department in working to provide financial assistance to individuals of low to moderate income with the cost of sewer hook ups. See project plans, area ma s. Solid Waste 1 The project planned by County Engineers,construction debris will be minimal. See construction plans. Waste Water 2 Soil survey indicates the area is suitable for the installation of septic systems. County engineered plan through utility department. New sewer lines and hookups to benefit local residents. See construction tans, project scope. Storm Water 2 Drainage improvements are part of the project to benefit local residents. See project scope,construction plans. Water Supply 1 The project will have no impact on water lines.See roiect scope,construction plans. Community Facilities and Services Code Source or Documentation Public Safety -Police 1 The project will not create a significant burden on police. Agency has been provided project description and maps,asked for comments, none received -Fire 1 The project will not create a significant burden on fire department. Agency has been provided project description and maps,asked for comments, none received. -Emergency Medical 1 The project will not create a significant burden on emergency medical field.Agency has been provided project description and maps,asked for comments, none received. Open Space and Recreation -Open Space 1 Project site is in the existing right of way, no open space,recreation or cultural facilities. See area maps, construction plans. -Recreation 1 Project site is in the existing right of way, no open space, recreation or cultural facilities. See area maps, construction plans. -Cultural Facilities 1 Project site is in the existing right of way, no open space, recreation or cultural facilities. See area maps, construction plans. Transportation 2 The project will not create a burden of transportation facilities in the area, improvements to be made on area roads as part of the project. See construction plans, area ma s. Natural Features Code Source or Documentation Water Resources 1 The project will occur in the right of way located in a residential neighborhood. See area map,construction plans. l _. Surface Water 2 Flood and drainage improvements are included in the project, improvement to septic and waste system also included and will improve the residential area. See construction plans,area maps. Page 8 of 11 21 [Previously recommended EA formats are obsolete.] DEW-z" Updated 12/2014 Unique Natural Features and Agricultural Lands 1 The project is located in a residential neighborhood, no unique natural features or agricultural lands. See farmland map, google earth images, area maps. Vegetation and Wildlife 1 The site requires a permit for tree removal,grubbing and land clearing and will be inspected for protected trees, mangroves and gopher tortoises. Necessary permits will be obtained if protected wildlife are found. See construction plans. Summary of Findings and Conclusions: Successful completion of the project in SA 1 — County residents in this service area are served by septic tanks. Proposed activities in this service area are installing new sewer mains, laterals and hookups. New sewer mains in the area will provide for elimination of substandard septic systems and improved health and safety conditions with the provision of public sewer services. Successful completion of the project in SA 2 — County residents in this service area are affected by flooding and poor drainage. Proposed improvements include storm water improvements through improved swales and new culverts that will convey storm water flows to an existing wet detention pond. ALTERNATIVES TO THE PROPOSED ACTION Alternatives and Project Modifications Considered [24 CFR§58.40(e), Ref.40 CFR §1508.9] (Identify other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Describe the benefits and adverse impacts to the human environment of each alternative and the reasons for rejecting it.) This is Phase 2 of a community plan, County Utilities determined this area to be considered for the Community Sewer System due to problems with septic systems. See design and studies in the Comprehensive Plan. No Action Alternative [24 CFR§58.40(e)] (Discuss the benefits and adverse impacts to the human environment of not implementing the preferred alternative). Project will improve sewage and drainage problems in the existing neighborhood. Not performing the activity will leave substandard conditions and lead to continued slum and blight conditions in an older, minority and low income neighborhood. Mitigation Measures Recommended [24 CFR§58.40(d),40 CFR§1508.201 (Recommend feasible ways in which the proposal or its external factors should be modified in order to minimize adverse environmental impacts and restore or enhance environmental quality.) No adverse environmental conditions identified. i Additional Studies Performed (Attach studies or summaries) None Page 9 of 11 22 [Previously recommended EA formats are obsolete.] DE- ) Updated 12/2014 List of Sources, Agencies and Persons Consulted [40 CFR§1508.9(b)] Zoning County Comprehensive Plan County Engineering County Planning Department Construction Plans County Fire Department/Emergency Medical County Police Department Local Church in project area US Army Corps of Engineers FEMA Regional Planning Council Bureau of Historic Preservation (SHPO) Florida Seminole Tribe Oklahoma Seminole Tribe US EPA USFW Water Management District Page 10 of 11 23 [Previously recommended EA formats are obsolete.] EiJ 10 ^ Updated 12/2014 Documentation of Compliance with 24 CFR Part 58.6 (a -d) Project_West Wabasso Community Sewer System Gravity Sewer Plan Phase 2 and Gifford Flood and Drainage Project Contract Number 16DB-OK-10-40-01-N05 Prepared By J. Corbett Alday Date_February 3. 2016 Flood Insurance: X The site is not in the 100- year flood plain (see attached map) The site is in the 100- year flood plain (see attached map) Flood Insurance is required for structures in the 100- year flood plain a. Flood Insurance when the site is in the 100—year flood plain: 1. Under the flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128), Federal financial assistance or acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: L The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CDR Parts 59 through 79), or less than one year has passed since the FEMA notification regarding such hazards, and ii. Where the community is participating in the National Flood Insurance Program, flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. 2. Where the community is participating in the National Flood Insurance Program and the recipient provided financial assistance for acquisition or construction purposes (including rehabilitation)for property located in an area identified by FEMA as having special flood hazards, the responsible entity is responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. 3. Paragraph (a)of this section does not apply to Federal Formula grants made to a State. b. Under section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 5154a, HUD Disaster assistance that is made available in a special flood hazard area may not be used to make a payment(including any loan assistance payment) to a person for repair, replacement or restoration for flood damage to any personal, residential or commercial property if: 1. The person had previously received Federal flood disaster insurance conditioned on obtaining and maintaining flood insurance flood insurance; and 2. The person failed to obtain and maintain flood insurance. Coastal Barrier Islands: X The site is not in a Coastal Barrier Island (documentation attached) The site is in a Coastal Barrier Island but the activity is not prohibited as indicated at: htW://www,fwS.gov/ The site is in a Coastal Barrier Island and the activity is prohibited as indicated at: httg://www.fws.gov/the project must be rejected. C. Pursuant to the Coastal Barrier Resources Act, as amended by the Coastal barrier-Improvement Act of 1990 (16 U.S.C. 3501), HUD assistance may not be used for most activities proposed in the Coastal Barrier Resources System. Clear Zones: X The site is not in the Clear Zone (documentation attached) The site is in the Clear Zones(signed acknowledgement attached) i d. In all cases involving HUD assistance, subsidy, or insurance for the sale of an existing property in a Runway Clear Zone or Clear Zone, as defined in 24 CFR Part 51, the responsible entity shall advise that the property is in a runway clear zone or clear zone, what the implications of such a location are, and that there is a possibility that the property may, at a later date be acquired by the airport operator. The buyer must sign a statement acknowledging receipt of this information. Page 11 of 11 24 [Previously recommended EA formats are obsolete.] '� . INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES �Loa�o` Date: March 7, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Gordon Sparks, P.E., Environmental Engineer �1�5 Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Ixora Park AC Water Main Replacement and Services Relocation, Request for Approval to Retain Kimley-Horn for Surveying Services, UCP No. 4122 DESCRIPTIONS AND CONDITIONS: The Department of Utility Services began a program to replace the Asbestos Cement (AC) water mains in 2015. One such project is for the Ixora Park subdivision. It was also discovered that one of the existing water mains was too close to the gravity sewer to meet the Florida Department of Environmental Protection (FDEP) requirements. In addition, there are water meters located in the back of some of the lots, which is undesirable. Staff believes the best way to address these concerns is to first obtain a survey necessary to prepare construction plans and then put the project out for public bid. In order to prepare detailed construction plans that are necessary to determine the estimated cost of the project, a detailed topographic and property/ROW survey is needed. Once the topographic survey has been received, staff will prepare the necessary construction plans, permit submittals, engineer's opinion of probable cost and contract documents. The project construction will be budgeted and scheduled for a later date. ANALYSIS: Staff met with Kimley-Horn &Associates, Inc. on January 5, 2016,to discuss the project and requirements of the survey and then requested a proposal for the survey work. On January 13, 2015, Kimley-Horn & Associates, Inc. submitted Work Order No. 3 per the Indian River County Survey Services Contract No. 1333 (See Attachment 1) for a lump sum amount of$34,100.00 for surveying services for the Ixora Park project.The subject proposal has also been reviewed by the County Surveyor. FUNDING: Funds for this project are derived from the Capital account in the operating fund. Operating funds are derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Ixora Park WM Replacement 471-169000-16513 $34,100.00 Page 1 of 2 25 RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Order No. 3 with Kimley-Horn & Associates, Inc. for a lump sum amount of $34,100.00, authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1. Work Order No. 3 from Kimley-Horn &Associates, Inc. APPROVED► FOR AGENDA: By: ` IJJa�� Indian River Co. Appxwed Date JosepK A. Baird, County Administrator Administration � Legal For:ABudget Date Utilities f Utilities-Finance F•\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Nora Park AC WM Replacement and Services Relocation UCP 4122\Kimley-Horn Survey\Agenda for Design and Surveying 3-7-16.doc 26 IRC/Kimley-Horn Work Order#3 Ixora Park Utility Survey Page 1 of 3 P' Board of County Commissioners Administration - Building A(South) 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Ixora Park Subdivision Indian River County Project UCP No. 4122 WORK ORDER NO. 3 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/SERVICES WITH Kimley-Horn &Associates, Inc. In accordance with Contract No. 1333 This Work Order No. 3 is in accordance with the existing AGREEMENT dated October 15', 2013 as renewed on September 15, 2015 between Kimley-Horn &Associates, Inc. (SURVEYOR) and Indian River County (COUNTY). SECTION I — PROJECT LIMITS This Work Order No. 3 is for the SURVEYOR to perform surveying services to prepare a Topographic Survey for portions of Ixora Park Subdivision totaling approximately 2 miles in length. In general, the project is bounded on the north by 15i Street SW, on the east by 20t' Avenue, on the south by the South Relief Canal, and on the west by 27"�Avenue. SECTION II -SCOPE OF SERVICES As agreed upon between Kimley-Horn & Associates, Inc. and Indian River County, ,the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 3; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100 % "Paper" review submittal (final review prior to final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing final submittal package. b. Time of Final project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% paper submittal. ATTACHMENT 1 27 IRC/Kimley-Horn Work Order#3 Ixora Park Subdivision Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for County review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. County shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Five (5) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCAD drawing file in release 2004 through 2009, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, surrey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the County or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River County and will be available for use by the public at large. e. The SURVEYOR's work product shall meet or exceed the minimum standards defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR's request for payment. SECTION IV—COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 3 for a total lump sum fee of$34,100.00 All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of September 15, 2015 through October 1, 2016. All invoicing shall include Project UCP No. 4122, Work Order No. 3 (WO 3), Contract Number 1333. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No: 1333 with the COUNTY and as stated in Section II, III and IV hereon. F Remainder of page left blank intentionally 28 IRC/Kimley-Hom Work Order#3 Ixora Park Subdivision Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2016. OWNER KIMLEY-HORN & ASSOCIATES, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1 Bob Solari, Chairman ria G .E., Sr. Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Witnessed by: Comptroller Deputy Clerk (Signature) Kimley-Horn &Associates, Inc. Approved as to Form and Legal Sufficiency: DyjlkrReingold, COUNTY Attorney (Printed name) oao-a n - (2�6U/'J oseph . Baird, COUNTY Adtninistrator 29 "EXHIBIT A" Kimley))) Horn January 13, 2016 Gordon Sparks Indian River County Utilities Department 1801 27th Street, Vero Beach, FI 32960 Re: Ixora Park Right of Way and Topographic Survey Dear Mr. Sparks, Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant') is pleased to submit this letter agreement (the "Agreement') to Indian River County ("Client') for providing professional Survey and Mapping services. Our project understanding, scope of services, schedule, and fee are below. Project Understanding It is our understanding that Indian River County is requesting survey and mapping services for the preparation of a Topographic Survey for the roadways within Ixora Park Plats No. 1 through No. 7. The survey will be used as the basemap for the preparation of water utility improvements. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1 —Topographic Survev This scope of services is for the preparation of a Topographic Survey and right of way delineation for those roadways lying within Ixora Park Plats No. 1 through No. 7 and that portion of Eastview Gardens lying west of 201'Avenue. The side lot lines of those lots abutting the internal roadways will also be shown. In general,the project is bounded on the north by I5'Street SW, on the east by 201h Avenue,on the south by the South Relief Canal, and on the west by 2711 Avenue. Total project is approximately 2 miles in length and contains 219 platted subdivision lots. The above ground improvements within the road right of way will be field located and plotted. These improvements consist of the roadway,sanitary sewer manholes, drainage structures and driveways. Elevations will be shown at the intersection of each driveway at the roadway. Rim and bottom elevations of the sanitary and stone structures will be obtained. All elevations will be referenced to NAVD 88. 30 13, 016 Kimley))) Horn January Page a 2 of 2of3 3 The survey and mapping services will be performed in accordance with Chapter 472 Florida Statutes and Chapter 5J-17 Standards of Practice as set forth for these types of surveys. SCHEDULE We will provide our services in an expeditious and orderly manner to meet the schedule mutually developed by the Client and Consultant for the various elements of the project. DELIVERABLES 5 signed and sealed copies of the Topographic Survey on 24"by 36"sheets. Digital AutoCad file and PDF of the Topographic Survey. FEE KHA will perform the Scope of Services for a lump sum fee of$34,100.00 F ! CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,the terms and conditions in the existing AGREEMENT dated October 1, 2013 and renewed on September 15, 2015 between Kimley-Horn and Associates, Inc., (SURVEYOR)and Indian River County(COUNTY)under the Continuing Services Contract No. 1333. inw 31 Kimley))) Horn January e off Page 3 of 3 We appreciate the opportunity to provide these services to you. Please contact me at 772- 794-4050 or chris.demeter@kimley-horn.com should you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chris Demeter, PSM SBriaooE. Vice President ent Attachment—Fee estimate spreadsheet Indian River County Agreed to this day of , 2016 By: ' Witness: ' 7145-24 ill Sf*reet.-Sifiie "00.Vero Beach. 1:1--32960.: 32 Kimley-Horn and Associates, Inc. Kimley-Horn Project: Ixora Park Base Mapping for water utility and Associates, Inc. FILE NO. DATE 01/13/16 ESTIMATE COST: $34,100.00 SHEET 1 Survey Professiona Technician/ Geodetic Three Two Man - I Surveyor Project CADD Processing GIS GIS Analyst/ Man Two Man 2 GPS unit Task Description &Mapper Surveyor technician Technician Specialist Technician Crew Crew Crew Clerical Task Totals Research-recover and establish vertical control 1 8 1,040.00 Research-recover and establish horizontal control 2 8 1,120.00 Recover right of way control monumentation for+-2 miles of right of way 2 40 1 4,96000 input plats for 8 subdivisions(Ixora Park Plat No. 1 through Ixora Park Plat No.7 and Eastview Gardens)into Cad to form the basemap for the topographic survey.219 subdivision Lots. Adjust plats based upon found monumentation. 4 20 20 24 7,420.00 Field location of the above ground improvements within the right of way.+-2 miles 96 11,520.00 obtain rim and bottom elevations of+-28 sanitary sewer structures 3 16 2,160.00 download field files 8 640.00 draft topgraphic survey in CADD 4 40 3,680.00 000 000 0.00 000 0.00 0001 QA/QC 8 q 000 SUM OF HOURS 12 24 76 0 0 0 0 196 0 01 34,100 00 HOURLY RATE $135.00 $120.00 $80.00 $100.00 $120.00 $85.00 $135.00 $120.00 $140.00 $40.00 TOTALS THIS SHEET 1 $1,620.001 $2 880.00 $6 080.00 $0.00 $0.00 $0.00 $0.00 $23,520.00 $0.00 $0.001 $0.00 $34,100 00 M:MISCISURVEY\PROPOSALSIXORA PARK Topographic Survey 1-13-16.xis W W CONSENT INDIAN RIVER COUNTY ^ MEMORANDUM TO: Joseph Baird County Administrator FROM: Colleen Peterson 9 Human Resources Manager DATE: March 15, 2016 SUBJECT: Revised Equal Employment Opportunity Policy, AM-201.1 BACKGROUND: The County's current Equal Employment Opportunity Policy, AM-201.1, dates back to 1989. During a recent grant application review process, the County was advised that the policy should be updated. RECOMMENDATION: Staff recommends that the Board approve and authorize the Chairman to sign the newly revised Equal Employment Opportunity policy which will replace the 1989 version currently in the County's Administrative Manual. In addition, staff recommends the Board approve updating Section 104.01, Equal Employment Opportunity, of the Indian River County Code of Ordinances. Attached for your consideration are the current and newly revised versions of the Equal Employment Opportunity policy, AM-201.1. ATTACHMENTS: Equal Employment Opportunity policy effective 06-01-89 Equal Employment Opportunity policy effective 03-22-16 APPROVED AGENDA ITEM BY: Q oseph A. Baird, County Administrator F : March 22, 2016 Approval Date Admin. >> 16 Legal BudgetRI Dept. 3 Risk Mgmt. p�- 34 v� SECTION NUMBER DATE EFFECTIVE ADMINISTRATIVE PERSONNEL POLICY AM-201. 1 06-01-89 �i SUBJECT JECT r.. PAGE * EQUAL EMPLOYMENT OPPORTUNITY 1 OF 2 �LURt�' POLICY: It is the policy of the County to provide equal opportunity in employment to all employees and applicants for employment. No person shall be discriminated against in employment because of such individual's race, religion, color, sex, age, marital status, national origin, or physical handicap. COMMENT: 1. This policy applies to all terms, conditions, and privileges of employment including hiring, probation, training and development, promotion, transfer, compensation, benefits, educational assistance, layoff and recall, social and recreational programs, termination, and retirement. 2 . The County has established a written affirmative action program to achieve prompt and full utilization of minorities and women at all levels and in all segments of the work force. The results of the program are reviewed annually and the program modified as necessary to achieve stated objectives. 3. The Director of Personnel has been appointed Director of Equal Employment Opportunity for the County and will be responsible for formulating, implementing, coordinating, and monitoring all efforts in the area of equal employment opportunity. The Director of Personnel shall be responsible for: A-. Assisting management in collecting and analyzing employment data; identifying areas in which the County is deficient in the utilization of minorities and women, and working with department .heads to establish goals and timetables; b. Developing policy statements, affirmative action programs, and internal and external communication techniques regarding the equal employment policies of the County; c. Designing and implementing record keeping and reporting systems to ensure compliance with legal requirements, and posting of notices as required by law; d. Preparing an annual review and summary of the County's affirmative action programs and the results achieved under these programs for submission to the County Administrator; e. Assisting supervisory personnel in arriving at solutions to problems; BCC CHAIRMAN L' l,�J DATE 35 �+ SECTION NUMBER DATE EFFECTIVE a ADMINISTRATIVE POLICY PERSONNEL AM-201. 1 06-01-89 MANUAL SUBJECT PAGE EQUAL EMPLOYMENT OPPORTUNITY 2 OF 2 FLORiO�' _fes Serving as EEO liaison between the County and government agencies, minority and women's organizations, and other community groups; and g_ Keeping management informed of the latest developments in the equal employment opportunity area. 4. . Any communication from an applicant for employment, an employee, a government agency, or an attorney concerning any equal employment opportunity matter shall be referred to the Director of Personnel. 5. While overall authority for implementing and carrying out this Policy is assigned to the Director of Personnel, an effective equal employment opportunity program- cannot be achieved without the support of supervisory personnel at all levels. Supervisors and department heads should understand that their work performance is being evaluated on the basis of their equal employment efforts and results. BCC CHAIRMAN DATE 36 v"c�G SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Personnel AM-201.1 03-22-16 POLICY s * MANUAL SUBJECT PAGE oEqual Employment 1 OF 1 Opportunity POLICY: It is the policy of the County to provide equal opportunity in employment to all employees, applicants for employment and contractors. No person shall be discriminated against in employment because of such individual's race, religion, color, sex, age, marital status, national origin, disability, genetics or any other status protected by federal, state or local law. COMMENT: 1. This policy applies to all terms, conditions, and privileges of employment including hiring, probation, training and development, promotion, transfer, compensation, benefits, educational assistance, layoff and recall, social and recreational programs, termination and retirement. 2. The County is an equal opportunity employer and is committed to an active Equal Employment Opportunity Program (EEOP). The objective of an EEOP is to ensure nondiscrimination in employment and; wherever possible, to actively recruit and include for consideration for employment minorities, women and the disabled. 3. The Human Resources Manager has been appointed Equal Employment Opportunity Officer for the County and will be responsible for formulating, implementing, coordinating and monitoring all efforts in the area of equal employment opportunity. 4. Any communication from an employee, applicant for employment, contractor, a government agency or an attorney concerning any equal employment opportunity matter shall be referred to the Human Resources Manager. 5. While overall authority for implementing and carrying out this policy is assigned to the Human Resources Manager, an effective equal employment opportunity program cannot be achieved without the support of supervisory personnel at all levels. Supervisors and department heads should understand that their work performance is being evaluated on the basis of their equal employment efforts and results. BCC CHAIRMAN DATE 37 Consent INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, Administrator THROUGH: John King, Director �i�' Department of Emer a cy ervices FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services DATE: March 11, 2016 SUBJECT: Approval of Renewal for a Class"B"Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc.to Provide Interfacility Ambulance Transportation Services. On April 1, 2014,the Indian River County Board of County Commissioners approved a Class"B" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc. to provide interfacility ambulance medical transportation originating within Indian River County.This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two(2)years and will expire May 4, 2016. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. An application for the renewal of the Class"B"Certificate of Public Convenience and Necessity has been submitted by Coastal Health Services of Brevard Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 38 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class`B"Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc., to be effective for a period of two (2)years from May 4, 2016, to May 4, 2018. ATTACHMENTS: 1. Renewal Application from Coastal Health Services of Brevard Inc. APPROVED FOR AGENDA FOR: BY: Jo pfi A. Baird County Administrator krdian River Co. Date Admin. `7 County Atto"- �•- a-�� Budget iL IG Dept ��•Ih Risk Mgr. General Svcs. Purchasing 39 II. COMPANY DETAILS 1. NAME OF AGENCY: MAILING ADDRESS: ` l466 CITY COUNTY 1�e,j.,j ZIP CODE: BUSINESS PHONE: 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 3. MANAGER'S NAME: ADDRESS: PHONE #: 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION mgrs\Ca6--cp 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# 3a\) -2,c-\ , Q-4- e—' U-\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 40 6. FUNDING SOURCE:MeAcac-g dm,sj<<G,S 1 -6,rf. 1— A\:e)c, V 7. RATE SCHEDULE ATTACHED? YES ® NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB-STATIONS: J III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) cQ 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION c%c\h Cy smr As , o, UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 41 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS the representative of Applicant Name do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A-D APPLICANTS the representative of Applicant Name (� c� hCdo hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7-day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced aut fity and that to the best of my knowledge, all statements on this a ication are true and correct. APPLICANT SIG U E DATE Before me personally appeared the said � A\,c, C �� � who says that he/she executed the above instrument of his/her own free will and accor , with full knowledge of the purpose thereof. worn and subscribed in my presence this�_day of 201 . My commission expires: NOTAR FELIM B.WV0E * * My COMMISSION t EE 166703 d, EXPIRES:June 6,2016 U•\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc '�E�O."o, BmMThuW NowySevi= 5 42 I r Date: 5/22/2015 Summary of Coverage For: Coastal Health Systems of Brevard, Inc. 486 Gus Hipp Boulevard Rockledge, FL 32955 Presented By: Emergency Services Insurance Program Cindy Elbert Insurance Services, Inc Offered by McNeil &Company, Inc. 15182 North 75th Avenue P.O Box 5670 Suite 100 20 Church Street Peoria,AZ 85381 Cortland, NY 13045 Phone. (602) 942-3900 Phone: (800) 822-3747 Fax. (602) 942-4300 Fax: (607) 756-5051 Website.www.esip.com Carrier: Arch Insurance Company A.M Best Rating:A+Superior 43 NAMED INSURED Named Insured will read on the policy as: First Named Insured: Coastal Health Systems of Brevard, Inc. Other Named Insureds should include all legal entities under which you operate or own property, including any Fire Company, Volunteer Association, Auxiliary, or Cadet Program. If the named insureds shown above are not correct please advise your ESIP agent. Page 2 44 PROPERTY COVERAGE Limits of Insurance Premises 1: 486 Gus Hipp Boulevard, Rockledge, FL 32955 1 - 1 Administrative Building Building Value: $1,535,000 Business Personal Property: $600,000 Building Deductible: $2,500 Personal Property Deductible: $2,500 Separate Named Storm Deductible: 5% 1 - 2 Garage Building Value: $250,000 Business Personal Property: $0 Building Deductible: $2,500 Separate Named Storm Deductible: 5% Flood: $1,000,000 Per Occurrence and Annual Aggregate $1,000 Deductible Earthquake: $1,000,000 Per Occurrence and Annual Aggregate $1,000 Deductible Page 4 45 PROPERTY Y C® N Et AGE Coverage Extensions Included Outdoor Property ...........................................................................$300,000 Fences Monuments and Memorials Paved Surfaces such as Parking Lots and Sidewalks Trees, Shrubs, Plants and Lawns ($25,000 Each) Property In Transit............................................................................$50,000 Broadened Causes of Loss Property Off Premises.....................................................................$100,000 Broadened Causes of Loss Uncollected Funds..................................................Included With No Sub-Limit Broadened Causes of Loss Pollutant Clean-Up .........................................................................$150,000 Debris Removal .............................................................................$100,000 Spoilage .......................................................................................$250,000 Money & Securities ..........................................................................$50,000 Premises Expanded ......................................................................1,000 Feet Outdoor Signs .......................................................Included With No Sub-Limit Fire Extinguishing Equipment............................Cost to Recharge, No Sub-Limit Property of Others..................................................Included With No Sub-Limit Broadened Causes of Loss (Primary Coverage) Sewer and Drain Back Up........................................Included With No Sub-Limit Antiquities, Trophies & Awards................................Included With No Sub-Limit Page 6 46 PROPERTY COVERAGE Coverage Extensions Included Preservation of Property ...................................................................90 Days Page 8 47 GENERAL LIABILITY Coverages Included Non-Owned Aircraft & Watercraft Owned Watercraft less than 35 feet Owned Unmanned Aircraft (Drones) Contractual Liability Fund Raising Activities Host Liquor Liability Temporary Liquor Liability for Events Lasting 10 Days or Less Members as Insureds Includes Physicians acting within the scope of their duties for Insured Fire and Rescue Service Liability Emergency Services E&O Medical Malpractice Liability Dispatcher's Liability Medical Director's E&O Good Samaritan Liability Emergency Services Liability- Occurrence Directors and Officers Liability Spousal Liability Estates, Heirs & Legal Representatives Liability Employee Benefits Liability Employment Related Practices Liability Unintentional Release of Individually Identifiable Health Information Outside Directorships $100,000 Non-Monetary Relief $100,000 Defense of Suits Involving Fair Labor Standards Act Page 10 48 GENERAL, LIABILITY Coverages Included Network Security & Data Breach Liability Network Security & Data Breach Liability Each Event Limit $1,000,000 Network Security & Data Breach Liability Aggregate Limit $10,000,000 Network Security & Data Breach Liability Retroactive Date 05/27/2015 Provides liability coverage for third party claims or suits involving: Disclosure, loss or theft of personally identifiable or confidential corporate information in your care, custody or control which is obtained or released from your computer system Failure to disclose or warn of the actual or potential disclosure or misappropriation of personally identifiable or confidential corporate information Violation of any federal, state or local privacy statute addressing disclosure or misappropriation of personally identifiable or confidential corporate information Transmission of malware from your computer system A denial of service attack which blocks access to your website or computer system Coverage applies to events first discovered and reported during the policy period or any extended reporting period. Privacy Event Mitigation Expense Privacy Event Mitigation Expense Each Event Limit $50,000 Privacy Event Mitigation Expense Aggregate Limit $50,000 Privacy Event Mitigation Expense Retroactive Date 05/27/2015 Provides coverage for reasonable and necessary fees and expenses for: Computer forensic analysis of your computer system to determine the cause and extent of the privacy event Review of the privacy event by an approved crisis management or legal firm to advise you of the appropriate response Travel by your directors, executive officers or employees which is done to mitigate the damage of a privacy event Costs associated with notifying affected parties of the privacy event Expenses for services, such as credit monitoring, provided to individuals for the purpose of mitigating the effect of a privacy event on them Coverage applies to events first discovered and reported during the policy period or any extended reporting period. Page t2 49 BUSINESS AUTO Limits of Insurance Combined Single Limit Liability (Symbols: 1, 19) $1,000,000 PIP/No Fault (Symbols: 5) $10,000 Uninsured Motorists-Non-Stacked (Symbols: 2) $1,000,000 Deductibles (Single Occurrence) Emergency Apparatus Deductible $1,000 Page 14 50 BUSINESS AUTO Included Coverages Scheduled Vehicles Non - Owned Vehicles (Primary Liability Including Member's Autos) Hired / Borrowed Vehicles Members as Insureds Towing and Labor for Vehicles Carrying Physical Damage No Sub-Limit Within 250 Miles $2,500 Beyond 250 Miles $0 Glass Deductible for Vehicles Carrying Physical Damage Fellow Member Liability Damage to Non-Owned Buildings You Occupy Garage Liability Damage to Customer's Autos $50,000 Pollution Liability For Pollutants Used in Emergency Operations Waived Deductible Up to $1,000 Waiver applies to not more than 3 claims across all lines in any one policy term Applies if previous 2 policy periods with us were loss free Waived deductible applies in excess of the mandatory minimum deductibles of $50 for comprehensive and $100 for collision Accidental Discharge of an Airbag for Vehicles Carrying Physical Damage Enhanced Property Damage Use of Reasonable Force to Protect Persons or Property Bail Bonds - $5,000 Your Expenses - $1,000 per day Blanket Additional Insured Persons or Organizations -As Required by Contract Page 16 51 BUSINESS AUT® Physical Damage Coverage Information For Agreed Value Vehicles We Pay the Lesser of: 1. Agreed Value Constructive Total Loss if Repair Cost Equals 75% of Agreed Value 2. Actual Replacement Cost Including the Cost to Update to Current Standards 3. Repair Cost Including Up to 50% Extra to Update Damaged Parts to Current Standards Including the Cost to Recertify For Actual Cash Value Vehicles We Pay: 1. Actual Cash Value Including the RCV for Special Paint, Decals and Equipment Including the Cost to Update to Current Standards For Guaranteed Replacement Cost Vehicles We Will Increase the Agreed Value to Whatever Amount is Necessary to Equal the Lesser of: 1. Cost of a New Apparatus Including the Cost to Update to Current Standards 2. Actual Amount Spent for Repair or Replacement KEY (X) Invalid Vin,#No Liability Coverage, .Automatic Increase, ^Towing; +Rental Reimbursement; Page 18 52 PORTABLE EQUIPMENT Limits of Insurance Valuation Guaranteed Replacement Cost Deductible (Single Occurrence) $1,000 Coverage Extensions Commandeered and Impounded Property Primary Coverage Actual Cash Value or Legal Liability - Whichever is Greater Adjusted Based on Owner's Policy Provisions if Other Than ACV Loss of Use and Income Includes Member's ATV's, Watercraft, Golf Carts and Snowmobiles Member's Personal Property Cost to Repair or Replace $0 Deductible Includes ATVs, Watercraft, Golf Carts and Snowmobiles Patient's Property $50,000 Computers in Transit $25,000 Rental Reimbursement $10,000 Cost to Recertify $10,000 Permanently Installed Property Off Premises $200,000 Equipment Breakdown Coverage Included Drones $25,000 Additional Living Expenses - Members Up to $1,000 Deductible Reimbursement - Members Up to $1 ,000 Damage to Member's Primary Residence Responding to, while at or returning from an emergency Waived Deductible Up to $1,000 Waiver applies to not more than 3 claims across all lines in any one policy term Applies if previous 2 policy periods with us were loss free Page 20 53 UNIT MAKE YEAR TAG ALS/BLS TYPE 200 CHEVY EXPRESS Jun-14 MIP17G ALS 3 201 FORD F-350 Mar-12 MIH03P ALS 1 202 FORD F-450 Dec-12 MIM40C ALS 1 205 CHEVY EXPRESS Jun-12 MIH02P BLS 2 207 CHEVY C3600 Jul-15 MIP24F ALS 1 208 CHEVY C3600 Jul-15 MIP25F ALS 1 209 FORD F-350 Apr-13 177PWJ ALS 1 210 FORD F-350 Jun-12 MFV48W ALS 1 212 FORD F-350 Oct-12 MFW91 U ALS 1 214 FORD E-350 Jul-09 MFV47W ALS 3 215 CHEVY EXPRESS Mar-14 MIM31R ALS 3 218 FORD F-M Nov-06 MFY36M ALS 1 219 FORD F-350 Sep-08 MIH91 N ALS 1 220 FORD F-350 Sep-08 MIH92N ALS 1 221 FORD E-350 Feb-09 MIN10P BLS 2 222 FORD E-350 Feb-09 MFW90U BLS 2 223 FORD F-350 Jan-08 MU73T ALS 1 224 FORD E-360 Jan-10 MFY26Y BLS 2 225 FORD E-350 Jan-10 U3503G BLS 2 54 CC:Joe,Lisa,LeeAnn Amourance i.enurcauuu I 1—1Ili in EMT or EMT or(M)odic Modic One time EMPLOYEE NAME FT/PT D/EN Hire Date Driverst-iconse# OL Exp. MVR Date CERT# Exp. EVOC Abraira,Marcus FT E 1/4/2011 A166.557-72-056-0 2/16/2020 Dec-10 E-532327 Dec-16 Apr-10 Anderson,Chadwick PT E 8/10/2015 A536-119-92-029-0 1/29/2022 Au -15 E'-548282".:' Dec-16 Aug-15 Anthony,Robert FT E 1/5/2015 A535-779.95-288-0 8/8/2018 Nov-14 E-546998 Dec-16 Aug-14 Bermudez,Isaias FT M 6/22/1999 8653400.51459-0 12/19/2018 Feb-08 M-513805 Dec-16 -99 Bushong,Catarina FT E 2/2/2015 B252-11-393.645-0. 4/25/2023 Jan-15 E-544492. Dec-16 Feb-15 Cady,Lauris PT E 5/18/1999 C300-520-56.691-0 5/31/2022 Feb-08 E-87190 Dec-16 Apr-96 Cala III,AHretl AI PT E 4/15/2013 C400-019.91-082-0 3/2/1917 r-13 E-542091 Dec-16 Jan-13 Chavac,Andes PT M 8/18/2014 0126421.90-224-0 4/6/2017 Aug-1 4 M-527594 Dec-16 Sep-14 Clifford,Christopher PT E 11/2/2015 C416-101-94467-0 12/27/2020 Oct-15 E-550185 Dec-16 Nov-15 Cohen,Jason FT M 4/8/2015 C500436-76-211-0 6/11/2017 Mar-15 M-510743 Dec-16 Jan-08 Calvin,Christopher PT E 6/11/2010 C415-113.88-324-0 9/4/2021 Oct-09 E-528196 Dec-16 Jan-09 Currey,Paul C.Jr. PT M 7/13/1999 C600-683.75-150-0 4/30/2022 Feb-08 M-510863 Dec-16 Jun-99 Dangler,Jeffrey PT M 12/3/2013 D524425.72-329-0 9/9/2019 Dec-13 M-16989 Dec-16 r-93 Dawley,Matthew PT E 8/10/2015 D400-544-83.202-0 6/2/2020 Au -15 E-548419 Dec-16 Aug-15 Delaney,JohnnPT M 9/30/2015 D450436-88-246-0 7/6/2018 15 M-523903 Dec-16 Oct-10 Dra on,Ja PT M 5124/2001 D625-424-68-003-0 1/3/2018 Feb-08 M-4816 Dec-16 Jul-92 Dudley,Daniel PT E 1/11/2010 D340-161-85-056-0 2/16/2020 Jan-10 E-528978 Dec-16 Feb-10 Dutton,Alexander FT M 6/26/2012 0350-010-84-216-0 6/16/2020 Jun-12 M-522637 Dec-16 Jul-12 EI Mir,Mira PT M 6/11/2012 E456-540-85-865-0 10/5/2019 Jun-12 M-521515 Dec-16 Sep-07 Feliciano,Nestor PT M 7/21/2014 F425.632.88.286-0 8/6/2019 Jul-14 M-528963 Dec-16 Aug-14 Ferland,Ryan PT E 1/4/2016 F645-735-95-311-0 8/31/2019 Jan-16 E-550392 Dec-16 Jan-16 Finkelstein,Craig PT E 7/6/2011 F524-101$9430-0 11/30/2020 Jul-11 , E-534319 Dec-16 Nov-09 Gardner,Nicholas PT E 8/9/2010 G635-630-81-308-0 8/28/2018 Au -10 E-530507 Dec-16 Au -10 Godson,Mathew Matt PT M 4/15/2013 G325454-85410-0 11/10/2020 A r-13 M-526054 Dec-16 May-1 3 Goodwin,Joe FT M 3/14/1989 G350.484-69-009-0 1/9/2018 Oct-03 M-14260 Dec-16 Aug-90 Gulliver,Nicholas PT E 8/10/2015 G416.632.87-271-0 7/31/2018 Aug-15 E-549185 Dec-16 Au -15 Greene,Jason PT E 7/31/2012 G650421-70-144-0 4/24/2021 Jul-12 E-536856 Dec-16 Nov-02 Hetherlon Ill, BJ PT M 1/7/2016 H363.520.88-303-0 8/2312018 Jan-16 M-523685 Dec-16 r-13 Howard,Cory FT E 3/25/2002 H630-104-80-339-0 9/19/2021 Oct-03 E-511276 Dec-16 Jan-04 Howell,Ashleigh PT E 2/2/2015 H400.013-94-677-0 5/17/2018 Jan-15 E-547296 Dec-16 Feb-15 Iverson,Rhiannon PT M 4/14/2014 1162-724-77-756-0 7/16/2018 r-14 M515030 Dec-16 Jan-08 Jackson Chanes FT E 10/1/1996 J250-15548-323-0 9/3/2021 Feb-08 E-514382 Dec-16 Oct-98 James,Gregory FT M 10/14/2008 J520-281-75-303-0 8/2312017 Jan-08 M-514404 Dec-16 Dec-08— Johnson,Shawn FT M 8/31/2015 J525-784-91-182-0 5/22/2021 Aug-15 M-528192 Dec-16 Jan-13 Jose h,Shane PT M 4/5/2012 J210-796.90-024-0 1/24/2020 r-12 M-523119 Dec-16 r-12 Kinder Cady PT E 1/27/2014 K536-110$8-866-0 10/6/2021 Jan-14 E-543366 Dec-16 Feb-13 Lockwood,Nathan PT M 8/9/2010 L230.630$2-057-0 2/17/2019 Jul-10 M-518577 Dec-16 Nov-09 Long,Aubrey PT M 1/5/2015 1-520-012-81-557-0 2/17/2023 Dec-14 M527480 Dec-15 Jan-14 Marks,Pater PT E 1/4/2016 M620-664-92-264-0 7/24/2022 Jan-16 E-549502 Dec-16 Jan-16 McDonald Jack PT E 3/5/2012 M235.432-79423-0 11/23/2017 Feb-12 E-534866 Dec-16 Mar-12 Mcko,Jermaine PT E 2/16/2015 M200437-92-126-0 4/6/2019 Feb-15 E-540192 Dec-16 Jul-10 Mendiola,Jay PT E 11/16/2015 M534436.94-147-0 4/27/2017 Nov-15 E-550186 Dec-16 07/7 Moore,Lisa FT I M 11114/1988 M600.91253-944-0 12/4/2019 Oct-03 M-13422 Dec-16 Sep-90 Muldoon,Michael PT E 5/11/2015 M435.558-90-254-0 7/14/2019 May-15 E-547112 Dec-16 Mar-15 Murray,Barry PT M 01/0482016 M600.65-89-367-0 10/7/2021 Jan-16 t;di;`6t4629g01r w': Dec-16 Jan-16 Nelson,Keith FT E 10/25/2005 N425.516-83-082-0 3/2/2019 Oct-05 E-309452 Dec-16 Nov-05 Norris,Scott PT M 2/18/2013 N620.786.84-305-0 8/25/2019 Feb-13 M-52480 Dec-16 Mar-13 Parkin,T er PT E 8/10/2015 P625-810-94-183-0 5/23/2018 Aug-15 E-549186 Dec-16 Feb-15 Peacock,Melissa PT E 2/4/2013 A652-552-78-728-0 6/28/2018 Jan-13 E-540576 Dec-16 Feb-13 Peck,John FT I E 12/16/2004 P200468-76-290-0 8/10/2022 Feb-08 E-501372 Dec-16 Nov-01 Perdieu,Christine A. FT E 12/16/1996 W422-101-59$37-0 9/17/2020 Feb-08 E-81976 Dec-16 Dec-96 Perry,Chad PT E 1/4/2016 P600-112-74-190-0 5/30/2018 Jan-16 E-519929 Jan-14 Dec-06 Perry,Ton a PT M 6/26/2012 P600.813-85.840-0 9/20/2022 Jun-12 M-520312 Dec-16 Jul-12 Persinger,Randy PT E 3/2/2015 P625.726-86.331-0 9/11/2016 Feb-15 E-545227 Dec-16 Mar-15 Peterson Josh FT M 11/29/2010 P362424-76402-0 11/2/2016 Nov-10 M-525830 Dec-16 Dec-10 Possin er,Aaron FT M 1/14/2010 P252-010-91-016-0 1/16/2021 Mar-11 M-526456 Dec-16 Jan-11 Powers,Chris FT M 1/11/2010 P620-101.83.203-0 6/3/2017 Jan-10 M-519610 Dec-16 Jun-09 Pugh.Ciara FT M 11/2/2015 P200423-93-599-0 1/14/2018 Oct-15 M-528663 Dec-16 Nov-15 Renfro,Samuel PT E 7/13/2015 R516-790-92-291-0 8/11/2022 Jul-15 E-547707 Dec-16 Oct-14 2/15/201612:20 PM COASTAL HEALTH SYSTEMS OF BREVARD, INC. TRANSPORT RATE SCHEDULE AMBULANCE TRANSPORTATION BLS Non-Emergency $29000 ALS Non-Emergency $400.00 BLS Emergency $44000 ALS Emergency $520.00 ALS-2 $775.00 ALS-SCT $890.00 All Mileage $11.25 per mile Stand-By or Waiting Time $125.00 per hour or increment thereof In addition to Coastal's primarily non-emergency inter facility services, Coastal routinely renders ambulance services in response to facility requests that fall into the Center for Medicare and Medicaid Services(CMS)guidelines qualifying Coastal for reimbursement under the CMS code for ALS or BLS Emergency based on the "immediate response"criteria. The current CMS definition for Emergency is not based on "lights and sirens", it is based on "immediate response" Under this contract, Coastal will bill the ALS or BLS Emergency rates only when an immediate response is rendered following an inter facility or 911 request and only when all other CMS criteria for this type of transport have been met. SERVICE CHARGES for ADDITIONAL PERSONEL/SPECIAL EQUIPMENT Stair Chair-Hydraulic Stretcher Use—Lift Assist $100 Additional Charge for each service/crew/equipment. *There is a one-hour minimum charge for all wait time. Note. The above rates are subject to change based on changes made by Medicare or by Coastal's Ambulance Franchise Contract with Brevard County and will be automatically updated in Coastal's billing database on the effective date of each change 56 CONSENT AGENDA INDIAN RIVER COUNTY EF OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 15, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administra Jason E. Brown, Budget Directo FROM: Jennifer Hyde, Purchasing Manag r SUBJECT: Approval of Award for Bid 2016023—Central Regional WWTP Headworks Rehabilitation BACKGROUND: The Department of Utility Services requested the solicitation of sealed bids for the concrete restoration of the headworks and grit chambers for the Central Regional Wastewater Treatment Facility. Two alternates were also included in the bid: the rehabilitation of the concrete deck top and the repair and painting of the exterior walls. BID RESULTS: Bid Opening Date: February 10, 2016 Advertising Date: January 11, 2016 Demandstar Broadcast to: 713 Subscribers Specifications/Plans Downloaded by: 70 Vendors Replies: 5 Vendors •�-r,rrik�.*2 'Y ';' 2`- '` c =9.:4?.` •...`?: �. ���: N� : Base Bides- f�Total•Bid�withdBoth�- �.�f 4w.i%�k��'^�iSF•i�F :y�r' 'v i"cw.Y�fC�.•'�'• Ys:� r, t, wtr.'4't...• S' i�• rB dder - � ocaT 4 h, 9 �, = = ,Location -*. isl R <Alternafies Force 4 f'�e',:ti tr ��:`' 3,�". �•`'g�nz' �x a �� ;�z� .������•xxt�����-���:�_� -;,._ ::�� :u-��-�>�P:���,°=_�•_>::,;,:,k., :� �s��M<�:�:�.s��°Aceountand�BondCost� E&D Contracting Savannah, GA $298,316.00 $350,656.00 Close Construction Okeechobee, FL $395,275.00 $491,775.00 Florida Design Contracting Lake Park, FL $442,000.00 $536,000.00 AM Construction Group, Inc. Jupiter, FL $449,100.00 $514,000.00 Florida Design Drilling Corp. West Palm Beach, FL N/A* N/A* *Florida Design Drilling's base bid did not reflect total cost for work as specified in the invitation to bid;therefore,staff has determined Florida Design Drilling's submittal to be non-responsive. ANALYSIS: Rehabilitation of the headworks is necessary to ensure effective operation of the Central WWTF and to prolong the life of the facility. The addition of the two alternates to the work will further this effort for an additional cost of$40,540.00. 57 CONSENT AGENDA The Department of Utility Services and its consulting engineer, Schulke Bittle & Stoddard, LLC have reviewed the bids received and the department has made its recommendation of award to the lowest, responsive and responsible bidder, E&D Contracting Services for the total contract amount of$350,656.00. SOURCE OF FUNDS: Funding in the amount of$350,656.00 is available in the Renewal and Replacement account in the Operating Fund, which is derived from sewer and water revenues. �=".;..Ts'" '�'�'•'$';ty!�_1''a�F''.k'i=n"' zs�t; �0"�''3'�,�.e"�s ;i-: :;.�3':'.-e'i".:�=. ::ate --' �_c.�'i=' -' r_• tr-"" a> .. Acco�untNumber < r :�AccountDescription�� 47123536-044699-15505 Operating Fund/R&R/Central WWTF $350,656.00 Headworks Rehab RECOMMENDATION: Staff recommends the Board award Bid 2016023, including both alternates to E&D Contracting Services. Staff-further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of the required Public Construction Bond by the County Attorney, and the review and approval of the required insurance by Risk Management. Attachment: Department of Utility Services Recommendation of Award and Consultant Evaluation Agreement APPROV AGENDA ITEM Indian River Co A o e Date BY: Admin / oseph . Baird, County Administrator Legal ' Budget Department S F . March 22, 2016 1 Risk 03, /v-, 58 VER INDIAN RIVER COUNTY 1 DEPARTMENT OF UTILITY SERVICES l INTEROFFICE MEMORANDUM DATE: March 9,2016 TO: Jennifer Hyde,Manager,Purchasing Division FROM: Vincent Burke,P.E., Director of Utility Services- PREPARED BY: Arjuna Weragoda,P.E.,Capital Projects Manager ACO SUBJECT: Bid Award Recommendation for the Central Regional WWTP Headworks Rehabilitation IRC Bid No.: 2016023 UCP No.: 4111 WIP No.: 47123536-044699-15505 On Wednesday, February 10 , 2016, five (5) Bids were received and opened at 2:00 PM for the above referenced project,as follows: Bidders)- City/State-- _Total Base Bid Price- Total Bid Price w/Alternate+Public Construction Bond+ Force Account 1. AM Construction Group.lnc Jupiter,FL $449,.100.00 $514,000.00 2. Close Construction Okeechobee,FL $395,275.00 $491,775.00 3. Florida Design Contracting Lake Park,FL $442,000.00 $536,000.00 4. Florida Design Drilling Corp West Palm Beach,FL $281,000.00 $364,000.00 5. E&D Contracting —F—Savannah,GA $298,316.00 $350,656.00 The County's Consulting Engineer, Schulke, Bittle and Stoddard (SBS), L.L.C., has reviewed the bids and has recommended that the bid he awarded to the lowest responsive,responsible bidder, E&D Contracting Services, Inc.,for a Total Bid Price in the amount of$350,656.00 which includes the two alternates. The two alternates were to include concrete deck top rehabilitation and exterior wall repair and paint. Please find attached the recommendation of Award letter from SBS as a reference. The lowest, responsive, responsible bid price is significantly higher than the engineer's estimate of$151,735. Please see the letter from SBS explaining the discrepancy. The Department of Utility Services acknowledges and accepts SBS's recommendation and request to award the bid in the amount of$350,656.00 to E&D Contracting Services,Inc. If you have any questions, please call Arjuna Weragoda at Ext.1821. Cc: Cindy Corrente, Finance Manager, Utilities ccorrente@ircgov.com Terry Southard,Manager of Operations,Utilities tsouthard@ircgov.com Page I F:\ u1nies\UnUrY-FVmmn6A%VAS-E ATER\\V%VIF-CauM RegomhCamd Phm Headwork Rehab-UCP 4111Wjnin\B1D RECOMMENDAnON Memo to PURCHASL`!G Alalch 2016.doc 59 JOSEPH W.SCHULKE.P.E. SCHULKE, BITTLE & STODDARD, L.L.C. 10DAH B.BITTLE.P.E. WILLIAM P.STODDARD.Ph.D.,P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING a ENVIRONMENTAL PERMITTING March 2, 2016 Arjuna Weragoda, P.E. Capital Projects Manager Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960 Re: Central Wastewater Treatment Facility Bid Recommendation Dear Mr. Weragoda: Please accept this summary evaluation of the bids for the Central Wastewater Treatment Facility and recommendation to award the contract. Generally, the bids came in significantly higher than the initial estimate for the work. The initial estimate was $151,735:00; while.the lowest-adjusted (see below-explanation) base-bid for the Central Wastewater Treatment Facility (CWWTF) was $300,116.00. The initial estimate was based on the unit prices for the South Regional Wastewater Treatment Facility (SWWTF), which had a similar rehabilitation work completed in 2012/ 2013 The cost per SF of the rehabilitation work to the concrete surfaces of the headworks for the previous SWWTF project was $20.25 per sf, and the recent low bid for the CWWTP project came in at approximately $27.00 per sf or 33% higher. However, a contingency was added to the initial estimate to account for discrepancies due to inflation and other factors. Therefore, the bid price for that portion of the work for the CWWTF came in close to what was initially estimated. The discrepancy in costs is due to the replacement costs for the screw gates. The initial preliminary estimate was prepared with limited knowledge and without an evaluation by this consultant of the condition of the plant. The estimate assumed that only the two (2) screw gates leading to the two main channels of the headworks would need to be replaced. However, it was apparent during the engineering evaluation and design of the rehabilitation project that all eight (8) screw gates would have to be replaced with slide gates. Further, while there are less expensive gate options, the IRCDUS operations staff requested during the design of the project that only CoPlastix slide gates were to be specified in the bid — as these have been incorporated in other recent IRCDUS rehabilitation projects, and staff had found these to be reliable, trouble-free systems. In addition, incorporating these gates on all projects going forward .provides compatibility of materials / components_on all IRCDUS VW T facilities, so parts will be interchangeable. Unit prices between CoPlastix gates and other alternative gates differ by as much as $10;000 per gate (from $20,000 per gate for CoPlastix to $10,000 per gate for other types). The change in the gate quantity and manufacturer accounts for approximately $150,000 in additional costs (including additional costs for mobilization and bonding, which costs are dependent on the total contract amount). Below is my review of the bids for the Central Wastewater Treatment Facility(CWWTF). It should be noted that two bidders submitted exceptions to the plan specifications and submitted bids with alternate materials; however, only one of these two bidders - Florida Design Drilling Corp. - submitted a relatively competitive bid. Also, the bid form included two add alternates for minor surface repairs and re-painting of the exterior of the structure. IRC will have to decide if it wants to include these additional costs for this work, which was not included in the original scope or 1717 INDIAN RIVER BLVD.,SUITE 201.VERO BEACH.FLORIDA 32960 TEL 772/770-9622 Fax 772/770-9496 EMAIL info@sbsengineers.com Certification of Authorization No:00008668 60 Page 2 of 3 estimates. The detailed review and evaluation considers only the two apparent low bidders -Florida Design Drilling Corp. and E&D Contracting Services—since the remaining bids were significantly higher in cost, and are not competitive with the two low bidders Base Bid: 1. Florida Design Drilling Corp.: The low bid, as read aloud at the bid opening, was Florida Design Drilling Corp. with a base bid amount of$ 281,000.00. However, the actual base bid amount adjusted to meet the base bid requirements of the contract documents was$345,204.00. In addition, an $8000 bid item cost for a construction Bond will need to be added to the base bid. Total adjusted base bid is: $ 353,204.00 Total unadjusted base bid (unadjusted, with stop log assembly substitute, and Tnemec coating): $353,204.00—64,204.00 = $ 289,000.00 Explanation: This bid was submitted with an Affidavit of Compliance Form, noting exceptions to two material specifications—the coating system(Tnemec)and the stop log assemblies(Plastifab). Also, the bidder did not follow instructions in Addendum no. 2. In the Addendum, the bidder was instructed to include within its base bid, a price for the plan specified Coplastix Stop log assembly, and then fill out on the additional form provided"Alternate Stop Log Assembly Product""(p.00300- 8), any alternate stop log assembly it would like IRC to consider as an equal substitute, and list on this form the cost differential (deduct from the base bid)this substitution would cause. Instead of following-the instructions, the bidder included in its base bid the proposed substitute-stop-log assembly (manuf - "Plastifab"); and filled out the form as an add to the base bid if the plan specified stop log assembly were provided. (On February 17, via a telephone conversation, we confirmed this with Jeff Holst, VP of the Florida Design Drilling Corp.). Consequently, if an adjustment to the base bid is made which includes the plan specified stop log assembly, the bid amount would increase by $64,204.00, to a total of$345,204.00 (plus the bond cost). 2. E&D Contracting Services:The second lowest bid, as read aloud at the bid opening,was E&D Contracting Services with a base bid amount of $ 298,316.00. In addition, an $1800 bid item cost for a construction bond will need to be added to the base bid. Total adjusted bid is: $300,116.00, and is the apparent lowest adjusted base bid. Explanation: This bid amount appears to have met the base bid requirements of the contract documents. Add Alternate Bid: -The bid form provided for two add alternates. These were for: 1, concrete deck top rehabilitation, and 2. exterior wall repair and paint. -The.bids_can be.looked at several,ways: A. base.bid plus add_alt.1; B. bate_bid plus add_ alt. 2; or C. base bid plus add alt. 1 and 2. A. Base bid plus add alt.1: -Florida Design Drilling: $353,204.00 + $24,000 = $377,204.00 -E&D Contracting Services: $300,116.00 + $18,000.00 = $318,116.00 (lowest bid) B. Base bid plus add alt.2: -Florida Design Drilling: $353,204.00 + $31,000 = $384,204.00 -E&D Contracting Services- $300,116.00 + $12,540.00 = $312,656.00 (lowest bid) C. Base bid plus add alt.1 and 2: -Florida Design Drilling: $353,204.00 + $24,000 + $31,000 = $408,204.00 -E&D Contracting Services: $300,116.00 + + $18,000 + $12,540.00 = $330,656.00 (lowest bid) 61 Page 3 of 3 Based on the above evaluation, I conclude that the lowest complete bid was submitted by E&D Contracting Services. This bidder submitted the lowest adjusted base bid, and the lowest bid with any of the three possible add alternate scenarios considered. Further, the bidder submitted its bid with-out exception to the project material specifications. In summary, E&D Contracting Services bid(s) are: Base bid: $300,116.00 (headworks rehabilitation) Add alternates A. Base bid plus add alt.1: $318,116.00 (headworks and concrete deck rehabilitation) B. Base bid plus add alt.2: $312,656.00 (headworks rehabilitation and exterior wall repair and repaint) C. Base bid plus add alt.1 and 2: $330,656.00 (headworks and concrete deck rehabilitation and exterior wall repair and repaint) If you concur with the above, I would recommend that E&D Contracting Services' references, license(s), bonds, etc. and other-submittals and submitted information are evaluated and checked to be acceptable. Upon your review, please let me know if you would like to discuss the above summary or anything else pertinent to the bids for the IRCDUS Central Wastewater Treatment Facility Headworks Rehabilitation project. Sincerely / X//�� Josph WySc ulke, P.E. 62 SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2016023 CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY HEADWORKS REHABILITATION THIS AGREEMENT ("Agreement" or"Contract") dated 20_ by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and ("CONTRACTOR"). BACKGROUND RECITALS A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents. B. CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents. NOW THEREFORE, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, agree as follows: ARTICLE 1 WORK 1.1. CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows, and shall include, but is not necessarily limited to the following: Concrete restoration of the headworks and grit chamber(s) located at the Central Regional Wastewater Treatment Facility, including installation of interior protective coating throughout. Other miscellaneous structural repairs will be required including repair of interior concrete walls, repair of cracks on the concrete structure, painting the exterior of the structure, and replacement of slide gates with channel mounted stop logs. ARTICLE 2 ENGINEER 2.1. The project has been designed by Joseph W. Schulke, P.E. hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. 00530-1 63 ARTICLE 3 CONTRACT TIME 3.1. Contract Times. The CONTRACTOR shall be substantially completed with the following timeframe: (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 30 calendar days to 60 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Complete project scope listed in Section 030130. 2. Perform all testing. (c) From 60 calendar days to 75 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Restore all disturbed areas to their pre-construction condition. 2. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitutes Substantial Completion. (d) From 75 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, c, and d) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the 00530-2 64 work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of$ ARTICLE 5 PAYMENT PROCEDURES 5.1. General. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.2. Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.3. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established,.or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions 00530-3 65 made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.4. Federal Funds. Paragraphs 5.2 and 5.3 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. ARTICLE 6 FINAL PAYMENT 6.1. Acceptance And Final Payment: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 6.2. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.1.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.1.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may 00530-4 66 affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.1.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.1.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.1.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS 8.1. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1.1. This Agreement (Section 00530). 8.1.2. Public Construction Bond (Section 00600). 8.1.3. Notice of Award and Notice to Proceed (examples in Section 00800). 8.1.4. General Conditions (Section 00700). 8.1.5. Supplementary Conditions (Section 00800). 8.1.6. Specifications bearing the title "Central Regional Wastewater Treatment Facility Headworks Rehabilitation" as listed in the table of contents hereof. 8.1.7. Exhibits and details inclusive with each sheet bearing the following general title "Central Regional Wastewater Treatment Facility Headworks Rehabilitation", inclusive. 8.1.8. Addenda numbers 1 to 2 8.1.9. CONTRACTOR'S Bid (Section 00300). 8.1.10. Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, December 2015°, or the latest version thereof. 8.1.11. The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 00530-5 67 8.2. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1. Definitions. Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No Assignment. The CONTRACTOR shall not assign, transfer, or otherwise dispose of this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurrence to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns and legal representatives to the other party hereto and to its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.3. Licenses. The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.4. Remedies and Choice of Law This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 9.5. Indemnification. CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 9.6. Availability of Funds. The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.7. Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 00530-6 68 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Compliance with Chapter 119, Florida Statutes. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 9.10. Term. This Agreement shall remain valid for one (1) year from execution. 9.11. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.12. Captions and Interpretations. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise 9.13. Entirety of Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the 00530-7 69 terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith. 9.14. Background Recitals. The background recitals are true and correct and form a material part of this Contract. IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on OWNER CONTRACTOR Indian River County Board of County Commissioners By: By: Bob Solari, Chairman (CORPORATE SEAL) Attest: Attest: Jeffrey K. Smith, Clerk of the Circuit Court By: Deputy Clerk Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: County Attorney Address for giving notices 1801 27"' Street Address for giving notices Vero Beach, Florida 32960 License No. Agent for service of process: END OF SECTION 00530-8 70 �I • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 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: FDOT Small County Outreach Program(SCOP)Agreement and Resolution Authorizing the Chairman's Signature for Construction(Resurfacing)and Construction Engineering Inspection (CEI)Services of CR512 from Roseland Road to US-1 DATE: March 4, 2016 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program(SCOP)Grant from the Florida Department of Transportation (FDOT) in the amount of $2,404,264.00 (75% of the total estimated cost of $3,205,685.00)for the resurfacing of CR512 which includes the dual westbound lanes from Roseland Road to US-1 of CR512 and the eastbound lanes from Easy Street to US-1. The grant also includes reimbursement for construction engineering inspection (CEI) services.The County cost share is 25%or$801,421.00. FUNDING Funding for the County's cost share in the amount of$801,421.00 is budgeted for fiscal year 2016/2017 in Account Number 10921441-053360-16010 Secondary Roads/FDOT SCOP Grant/CR512 Resurfacing (Easy Street/US-1/Roseland Road). RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Small County Outreach Program (SCOP)Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP)Agreement FPN No. 431160-1-54-01 DISTRIBUTION 1. FDOT 2. Terry Cook, Road & Bridge Superintendent Indian River County Approved Date APPROVED AGENDA ITEM Administration Budget 3 IG (b FOR: March 22„1016 -3 _�_ 16 � Legal C B Public Works 8 v Engineering F-Tublic Works\ENGINEERING DIVISION PROJECTSU 139-CR 512 Wbnd Resurfacing-Roseland Rd to US I-SCOP\Admim\agenda items\BCC Agenda 71 Memo for Resolution for FDOT SCOP Agreement 34-2016.doc GRANT NAME: FDOT Small County Outreach Program(SCOP)CR512 WestBnd Roseland Rd to US-1 Resurfacing GRANT# 431160-1-54-01 AMOUNT OF GRANT: $2,404,264.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Richard B. Szpyrka, P.E.,Assistant Public Works Director TELEPHONE: (772)226-1221 I How long is the grant for? Until June 30,2018 Starting Date: When executed by FDOT 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 X No 4. Percentage of match to grant 25 % 5. Grant match amount required %80 1,49 1 00 6. Where are the matching funds.coming from(i.e. In-Kind Services; Reserve for Contingency)? 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: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries& Wages(PT) 012.11 Social Security 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,capital, 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? Rn 1 A 1 nn Grant Amount Other Match Costs Not Covered Match Total First Year $22404,264 00 $ $ 801,421.00 $3,205,685.00 Second Year $ $ $ $ "Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of PreparersAv"VA,'WDate: 3! 1S_A6 72 RESOLUTION NO. 2016- RESOLUTI 0 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORI A PARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SMALL CO OUTREACH PROGRAM AGREEMENT FOR CONSTRUCTION (RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI)SERVICES OF CR512 FROM ROSELAND ROAD TO US-1. WHEREAS, the resurfacing of CR512 includes the dual westbound lanes from Roseland Road to US- W and the eastbound lanes from Easy Street to US-1 is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of CR512 from Roseland Road to US-1, as well as Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice-Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of 2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and gal 'u ciency 1 Dylan Reingold, County Attorney F-Tublic WorkAENGINEERING DIVISION PROJECTSU 139-CR 512 Wbnd Resurfacing-Roseland Rd to US 1-SCOPWdmim\agenda 73 items\Resolution SCOP Agreement 3-22-2016.doc Florida Statutes: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-035-01 334.044(7) SMALL COUNTY OUTREACH PROGRAM PROGRAM MAN OGC—C—12/152/15 AGREEMENT Page 1 of 21 Financial Project No:431160-1-S4-01 Vendor No.: VF-S96-000-674-016 Contract No. CSFA No.and Title: 55.009 Small County Outreach Program(SCOP)and Rural Areas of Opportunity(RAO) STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT This Small County Outreach Program Agreement("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department') and INDIAN RIVER COUNTY, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a"Party"and collectively as the "Parties." RECITALS A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement. B. The Small County Outreach Program ("SCOP") has been created within the Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads and also to municipalities within rural areas of critical concern (rural areas of opportunity ("RAO")) with projects, excluding capacity improvement projects. C. The Department has determined that the transportation project described in Exhibit "A" attached and incorporated in this Agreement ("Project"), is necessary to facilitate the economic development and growth of the State and the Department is authorized by Section 339.2821,Florida Statutes,to approve an expenditure to the Recipient for the direct costs of the Project. D. Exhibits A, B, C, and D are attached hereto and incorporated by reference into this Agreement. E. The Recipient is authorized to enter into this Agreement by the resolution attached and made part of this Agreement. NOW,THEREFORE, in consideration of the mutual benefits contained in this Agreement,the parties agree as follows: 74 Florida Statutes: 850-035-01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 2 of 21 1. The recitals set forth above are incorporated by this reference in this Agreement. 2. The Recipient shall furnish all services as required in Exhibit "A" for completion of the Project. 3. The term of this Agreement shall begin upon the date of signature of the last party to sign this Agreement ("Effective Date") and continue through June 30, 2018. Execution of this Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for work to begin on the Project. Anwork performed prior to the execution of this Agreement is not subject to reimbursement. The estimated project production schedule is as follows: a. Design plans contract to begin on or before N/A, and design plans to be completed by N/A. b. Actual Construction shall begin no later than January 1, 2017, and be completed by June 30, 2018. 4. The Department will participate in a maximum of 75 % of the actual total project costs up to $2,404,264.00 TWO MILLION FOUR HUNDRED FOUR THOUSAND TWO HUNDRED SIXTY FOUR DOLLARS AND NO CENTS (the maximum Department participation as set forth in Method of Compensation in Exhibit B). The Parties agree that the Department's participation may be increased or reduced upon a determination of the actual bid amounts of the project by the execution of a supplemental agreement. Travel costs will not be reimbursed. a. The Department agrees to compensate the Recipient for services described in Exhibit "A",and as set forth in the Method of Compensation in Exhibit "B". b. Unless otherwise permitted, payment will begin in the year the Project or Project phase is scheduled in the adopted work program as of the Effective Date of this 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. c. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 431160-1-54-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". Any changes to the deliverables shall require written approval in advance by the Department. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to 75 Florida Statutes: 850-035.01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 3 of 21 reimbursements. The final invoice shall be accompanied by a Notice of Completion, Exhibit"D". d: Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. e. 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 Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time frame to be specified by the Department. The Recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient 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 Recipient 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 Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the retained amount during the next billing period. If the Recipient is unable to resolve the deficiency,the funds retained may be forfeited at the end of the Agreement's term. f. The Recipient should be aware of the following time frames. Upon receipt of an invoice, the Department has twenty (20) days to inspect and approve the goods and services. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (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 forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount,to the Recipient. Interest penalties of less than one dollar($1.00) will not be enforced unless the Recipient requests payment. Invoices which have to be returned to the Recipient because of Recipient 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 entities who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at(877) 693-5236. 76 Florida Statutes: 850-035-01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 4 of 21 g. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five 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 Recipient's general accounting records and the project records, together with supporting documents and records, of the Recipient and all subcontractors performing work on the project, and all other records of the Recipient and subcontractors considered necessary by the Department for a proper audit costs. h. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the.Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Either party to the Agreement may request and shall,within a reasonable time thereafter, be granted a conference with the other party. (insert address below if required) i. In the event this Agreement is in excess of$25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are incorporated as follows: "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 one(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$25,000.00 and which have a term for a period of more than one (1)year." J. The Department's obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. k. All costs charged to the Project and the grant match of in kind services shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 77 Florida Statutes: 850..035-01 334.044(7) PROGRAM MANAGEMENT OGC-12115 Page 5 of 21 1. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. 5. The administration of resources awarded through the Department to the Recipient 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 state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor General. b. The Recipient, as a non-state entity as defined by Section 215.97(2)(m), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State single or project-specific audit 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 governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. Exhibit"C"to this Agreement provides the specific state financial assistance information awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year,the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. 78 Florida Statutes: 850.035-01 334.044(7) PROGRAM MANAGEMENT OGC-12115 Page 6 of 21 ii. In connection with the audit requirements, the Recipient 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 government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii. If the Recipient expends less than the threshold established by Section 215.97,Florida Statutes,in state financial assistance in a fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSingleAudit a,dot.state.fl.us no later than 9 months after the end of the Recipient's fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance 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 Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. 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, FL 32399-0405 Email: FDOTSinpleAudit@dot.state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt@aud.state.fl.us v. 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 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. 79 Florida Statutes: &50-035.01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 7 of 21 vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General,should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within 6 months, the Department shall review the Recipient's financial reporting package, including the management letters and corrective action .plans, to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97,Florida Statutes, the Department may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8)(1), Florida Statutes. viii. As a condition of receiving state financial assistance,-the Recipient shall allow the Department, or its designee, the CFO or Auditor General access to the Recipient's records, including project records, and the independent auditor's working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient 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,the CFO or Auditor General _ access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or 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. The Recipient shall permit, and shall require its contractors and subcontractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of the Project. 7. The Recipient must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act(Section 287.055, Florida Statutes). Contractor must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds therein. 8. In the event the Recipient proceeds with the design, construction and construction engineering inspection services ("CEI") of the Project with its own forces, the Recipient will only be reimbursed for direct costs (this excludes general and administrative 80 Florida Statutes: 850-035..01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 8 of 21 overhead). The Recipient shall hire a Department qualified CEI. The Department shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the Project. . 9. Upon completion of the work,the Recipient shall furnish a set of"as-built"plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. Additionally, the Recipient shall assure that all post construction survey monumentation required by Fla. Stat. is completed and evidence of such is provided to the Department in a manner acceptable to the Department. 10. The Recipient shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on behalf of a public agency the Recipient shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Recipient. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Recipient upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Recipient to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Recipient shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Recipient and shall promptly provide the Department a copy of the Recipient's response to each such request. 11. The Recipient shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. 12. The work performed pursuant to this Agreement may require authorization under the Clean Water Act,by the U.S.Environmental Protection Agency for Storm Water Discharges from construction sites. The Recipient is responsible for obtaining the National Pollutant 81 Florida Statutes: 850.035-01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Pape 9 of 21 Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the Department; however, in such event, the Recipient will comply with all terms and conditions of such permit in construction of the subject facilities. 13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. 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 threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(x), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 14. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 15. The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. 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 Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 16. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all 82 Florida Statutes: 850..035..01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 10 of 21 just claims for materials,supplies,tools,or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/sub consultants who perform work in connection with this Agreement. "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the Recipient,the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of contractor and persons employed or utilized by contractor in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law,the Recipient's consultant shall indemnify and hold harmless the Recipient,the State of Florida,Department of Transportation,and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity." 17. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. 18. The Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Cause the Department to be made an.Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any 83 Florida Statutes: 850-035-01 334.044(7) PROGRAM MANAGEMENT OGC—12115 Page 11 of 21 other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible. Pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. 19. No funds received pursuant to this Agreement may be expended for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 20. The Recipient and the Department agree that the Recipient, its employees and its subcontractors are not agents of the Department as a result of this Agreement. 21. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department also reserves the right to seek termination or cancellation of the Agreement in the event the Recipient shall be'placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) days written notice to the Department. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. 22. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring without the required written approval will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. In the event that the Department approves transfer of the Recipient's obligations, the Recipient remains responsible for all work performed and all expenses incurred in connection with this Agreement. 84 Florida Statutes: a50-035-01 334.0440 PROGRAM MANAGEMENT OGC—12115 Page 12 of 21 23. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; overnight express mail delivery, email, or facsimile. The addresses and the contact persons set forth below for the respective parties shall be the places where notices shall be sent,unless prior written notice of change of address is given. TO DEPARTMENT: TO RECIPIENT: Florida Department of Transportation Indian River County 3400 W. Commercial Blvd. 1801 27th Street Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 Attn: Leos Kennedy, Jr. Attn: Richard B. Szpyrka, P.E. Copy: Project Manager, Carlos Lemus Copy: Indian River County's General Counsel 2°d Copy: District's General Counsel 24. 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. 25. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this agreement. 26. This Agreement shall not be construed to grant any third party rights. 27. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient, 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. 28. This Agreement embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Recipient and the authorized officer of the Department or his/her delegate. 29. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination,the remainder of this Agreement thus remains in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 30. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Leon County, Florida. 85 Florida Statutes: 850.035.01 334.044(7) PROGRAM MANAGEMENT OGC-12/15 Page 13 of 21 31. Time is of the essence as to each and every obligation under this Agreement. 32. The Department and the Recipient acknowledge and agree to the following: i. The Recipient 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 Recipient during the term of the contract; and ii. The Recipient shall expressly require any contractors and 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 contractor/subcontractor during the contract term. 33. This Agreement may be executed in duplicate originals. 34. The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. The remainder of this page intentionally left blank. 86 Florida Statutes: 850-035-01 334 044(7) PAVEMENT MANAGEMENT OGC-02115 Page 14 of 21 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)below. STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION (Name of RECIPIENT) BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT Print Name: BOB SOLARI Print Name: STACY L. MILLER, RE, Date: OFFICE OF THE GENERAL COUNSEL ATTEST: LEGAL REVIEW: TITLE: Deputy Clerk Print Name: LEONA ALLEN See attached encumbrance form for date of Funding approval by Comptroller. APPROVED AS TO FORM&LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: I�LI.I i U {'� _ �lR C.—J TITLE: �� COUNTY ATTORNEY 87 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 15 of 21 Exhibit A SCOPE OF WORK DELIVERABLES CR-512 from Roseland to SR-5/US-1 FM# 431160-1-54-01 This Project will consist of construction (resurfacing) and CEI services of dual westbound lanes from Roseland Road to US-1 and eastbound lanes from Easy Street to US-1, which consists of milling the existing asphalt and constructing a 1-1/2" thick asphalt overlay. The Project work will also include, but is not limited to installation of vehicular detector assemblies, roadway striping and signage, and Maintenance of Traffic (MOT). 88 Florida Statutes: 650435-01 334.044(7) PAVEMENT MANAGEMENT OGC—02115 Page 16 of 21 DELIVERABLES FM# 431160-1-54-01 CR-512 Indian River County, Florida PAY ITEM ITEM ESTIMATED UNIT TYS. 101-1 MOBILIZATION 1 LS 102-1 MAINTENANCE OF TRAFFIC 1 LS 102-14 TRAFFIC CONTROL OFFICER 40 MH 102-61 BUSINESS SIGNS 30 EA 102-99 PORTABLE, CHANGEABLE MESSAGE SIGNS (TEMP.) 28 ED 104-10-3 SEDIMENT BARRIER 36,435 LF 104-18 INLET PROTECTION SYSTEM 22 EA 160-4 REFURBISHED STABILIZED SHOULDER(LBR 40,6"THICK) 16,625 SY 285-7 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT 60,298 SY BASE COURCE(WESTBOUND) 285-7A FULL DEPTH RECLAMATION BITUMINOUS ASPHALT 19,935 SY BASE COURCE(EASTBOUND) 300-1 ASPHALT EMUISION TYPE CSS-lh 220,641 GAL 334-1-13 TYPE S.P. -12.5 APSHALTIC CONCRETE(1-3/4"THICK) 80,878 SY 334-1-13A TYPE S.P. -95 APSHALTIC CONCRETE(1-1/4"THICK) 80,878 SY 570-1-2 PERFORMANCE TURF- SOD (BAHIA) 33,028 SY 570-1-2A PERFORMANCE TURF- SOD (ST. AUGUSTINE,FLORATAM) 21,697 SY 633-1-110 SIGNAL PRIORITY AND PREEMPTION SYSTEM,F&I, OPTICAL, COMPLETE SYSTEM(ECONCLITE)(4 CAMERA 2 EA SYSTEMPER INTERSECTION) 706-3 R.P.M. BI-DIRECTIONAL, WHITE/RED 581 EA 706-3A R.P.M.,BI-DIRECTIONAL,AMBER/AMBER 75 EA 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" 1,786 LF 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" 84 LF 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" 736 LF 711-11-160 THERMOPLASTIC, PAVEMENT MESSAGE(ONLY) 6 EA 89 Florida Statutes: 950.035.01 334 0440 PAVEMENT MANAGEMENT OGC-02/15 Page 17 of 21 711-11-160A THERMOPLASTIC,PAVEMENT MESSAGE(SCHOOL) 4 EA 711-11-160B THERMOPLASTIC, PAVEMENT MESSAGE(RR CROSSING) 5 EA 711-11-170 THERMOPLASTIC, WHITE ARROWS 47 EA 711-16-121 THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", 6"-10" 3,004 LF 711-16-121A THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" 24,317 LF 711-16-121B THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", 10'—30' 16,837 LF 711-16-122 THEMOPLASTIC, STANDARD, WHITE, SOLID, 8" 488 LF 711-16-131 THERMOPLASTIC, STANDARD, WHITE, SKIP,6", 2'-4' 156 LF 711-16-221 THEMOPLASTIC, STANDARD,YELLOW, SOLID, 6" 20,059 LF 711-16-231 THERMOPLASTIC, STANDARD,YELLOW, SKIP, 6", 6'-10' 592 LF * The County will need written approval from the Department, if deviating from the deliverables shown in the Table above. 90 Florida Statutes: 650-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 18 of 21 EXHIBIT "B" METHOD OF COMPENSATION FINANCIAL PROJECT NO. 431160-1-54-01 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number Schedule of Funding: FY 2016 FY 2017 TOTAL I. TOTAL PROJECT $ $ $ Desi $ $ $ Right of Way $ $ $ Construction $ 2,383,002.00 $ 822,683.00 $ 35205,685.00 II. PARTICIPATION: Maximum Department Participation $ 1,581,581.00 $ 822,683.00 $ 2,404264.00 Local Participation $ 801,421.00 $ 0.00 $ 801241.00 In-Kind $ $ $ Cash $ $ $ Combination In-Kind/Cash $ $ $ Waiver or Reduction $ $ $ TOTAL PROJECT COST: $ 2,383,002.00 $ 822,683.00 $ 3,205,685.00 Please submit four copies of invoice(s)to the following address: Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 91 Florida Statutes: 850..035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 19 of 21 EXHIBIT "C" STATE FINANCIAL ASSISTANCE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: Small County Outreach Program (SCOP) and Rural Areas of Opportunity(RAO) CSFA Number: 55.009 Award Amount: $2,404,264.00 Specific information for CSFA Number 55.009 is provided at: https:Happs:fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Compliance requirements for CSFA Number 55.009 are provided at: https:Happs.fldfs.com/fsaa/searchCompliance.asr)x 92 Florida Statutes: 850-035..01 334.044(7) PAVEMENT MANAGEMENT OGC-02/15 Page 20 of 21 EXHIBIT "D" NOTICE OF COMPLETION SMALL COUNTY OUTREACH PROGRAM Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And INDIAN RIVER COUNTY (RECIPIENT) PROJECT DESCRIPTION: Construction of CR-512 from Roseland Road to SR-5/US-1 FINANCIAL PROJECT NUMBER: 431160-1-54-01 In accordance with the Terms-and Conditions of the SMALL COUNTY OUTREACH PROGRAM AGREEMENT,the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: 93 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02/15 Page 21 of 21 EXHIBIT E Recipient's Resolution 94 CONSENT AGENDA INDIAN RIVER COUNTY , INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: March 15, 2016 SUBJECT: Florida Department of Law Enforcement FY 2015/2016 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Contract No. 2016-JAGC-INRI-3-H3-195 JAG Award No. 2015-MU-BX-1066 Certificate of Acceptance of Subgrant Award Certification of Confli7dget st FROM: Jason E. Brown Director, Management DESCRIPTIONS AND CONDITIONS On August 18, 2015 the Board of County Commissioners approved the Applications for Funding Assistance from (FDLE) Florida Department of Law Enforcement for Federal Fiscal Year 2015/16 to fund local anti-drug abuse projects. For fiscal year 2015/2016 the County's local law enforcement agencies decided to divide the grant dollars of$54,202 evenly (IRC Sheriff, City of Vero, PD, Fellsmere PD, Sebastian PD, Indian River Shores Public Safety). Indian River County received a letter dated February 29, 2016 from Florida Department of Law Enforcement awarding the Indian River County Sheriffs Office $10,842.00 to be used for Drug Enforcement Programs. Florida Department of Law Enforcement requires that Certificates of Acceptance and Certification of Conflict of Interest be signed and returned back to the Florida Department of Law Enforcement within thirty (30) calendar days from the date of the award and prior to the reimbursement of any project expenditures. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Certificate of acceptance of Subgrant Award and the Certification of Conflict of Interest and authorize the Chairman to execute these documents. ATTACHMENTS Letter from Florida Dept. of Law Enforcement Certificate of Acceptance of Subgrant Award Certification of Conflict of Interest 95 Board of Commissioners March 15, 2016 Page 2 of 2 APPROVED AGENDA ITEM:BY: ' &Wt� Jose . Baird' County Administrator FOR: March 22, 2016 Indian River County Appr9yed Date Administrator 3 Legal Budget Department Risk Management 96 FDLE Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi,Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Adam Putnam, Commissioner of Agriculture Commissioner (850)617-1250 www fdle.state fl us FEB 2 9 2016 Pic E/ The Honorable Bob Solari O Chairman MAR Indian River County Board of Commissioners 91016 1801 27th Street Vero Beach, FL 32960-3388 <P1 Re. Contract No 2016-JAGC-INRI-3-H3-195 Dear Chairman Solari- The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant(JAG) subgrant to your unit of government in the amount of$ 10,842.00 for the project entitled, IRCSO DRUG ENFORCEMENT This subaward is approved under Florida's state JAG award 2015-MU-BX-1066 from the Department of Justice These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the Department of Justice (DOJ) Performance Measurement Tool(PMT)and Federal Funding Accountability and Transparency Act(FFATA)to meet federal transparency requirements. Contract and grant information is'also provided to the State of Florida, Department of Financial Services(DFS)via the Florida Accountability Contract Tracking System (FACTS) This grant agreement and all correlating information including general contract, performance, amend ment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S , please contact the Office of Criminal Justice Grants(OCJG)for guidance on how to request exemption. Please complete and return the enclosed Certificate of Acceptance and Certification of Conflict of Interest forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance(BJA) Controlled Expenditures List, a grant adjustment and written request with justification will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON-Line(SIMON) system may also be included. We look forward to working with you on this project. Please contact Senior Management Analyst Supervisor Randall Smyth at(850)617-1250 if you have any questions or we can be of further assistance Y. _ J ,�� Petrina Tuttle Herring Bureau Chief PTH/ar Enclosures MAR 0 7 20116 Service • Integrity •Respect • Quality L-J L•1 t 97 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee,through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2016-JAGC-INRI-3-H3-195, in the amount of$ 10,842.00,for a project entitled, IRCSO DRUG ENFORCEMENT, for the period of 10/01/2015 through 09/30/2016,to be implemented in accordance with the approved subgrant application,and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that no recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict,the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. _This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements (Signature of Subgrantee's Authorized Official) (Print Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9 006 OCJG-012(rev June 2012) 98 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF CONFLICT OF INTEREST Subgrantee: Indian River County Board of Commissioners Award Number: 2016-JAGC-INRI-3-H3-195 Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee,through its authorized representative, certifies the unit of government above is compliant with OMB Uniform Grant Guidance(2 CFR Part 200), Section 200.112 and OJP Financial Guide, Section 3.20 regarding Conflict of Interest and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflict of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting this subaward (Signature of Subgrantee's Authorized Official) (Print Name and Title of Official) (Date) 99 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling,AICP Community Deve ment Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning &Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 3/4/2016 RE: Gary Rust's Request for Release of Easements at 916 19th Avenue SW (Oslo Park Subdivision Unit 2) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of March 22, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by Mr. Gary Rust, owner of four combined commercially zoned lots at 916 19th Avenue SW in the Oslo Park Subdivision, for release of eight common five-foot side yard drainage and utility easements on the lots. The purpose of this release of easements request is to allow for construction of a contractors'trades warehouse on the combined lots(see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power& Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County Planning Division, and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of the common side yard drainage and utility easements on the combined lots. Therefore, it is staff s position that the requested easements release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the side yard drainage and utility easements described in the attached resolution. 100 RUST,GARY Release of Easements Page 2 ATTACHMENTS 1. Map(s)depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: March 22, 2016 BY: .R.County AppWw4 Date Admin. Legal Budget 1 L Dept. Risk Mg, ease.bccmemo proj./appl.no.2015020066/76105 101 PLAT BOOK 4, PAGE 13 DOCKET NO. 70939 " OSLO PARK° UNIT NQ 2 BEING A SUBDIVISION OF THE WEST 10.8E ACRES OF TRACT 2 AND ALL ^•4Ma_ OF TRACTS 7B8 SECTION 28• TWP. 33 SOUTH, RGE. 39 EAST AS SHOWN 1"!°"•'••"'"'•••••• --•+• ._✓VN6 . ff......... ON PLAT OF INDIAN RIVER FARMS COMPANY RECORDED IN PlATBOOK 2• PAGE •,�✓nnA��A BRATNIPd 23• ST. LUCIE COUNTY, FLORIDA AND NOW SITUATED IN INDIAN RIVER ...TCL�/RE_XII'�GILr COUNTY FLORIDA. S�ua.�SrLcr acts 3-G � y.z... e J ""'✓� I n2 �i-TT 0• E• T � • • I N CEr' C•Tt Of nIEDICATIOM • • I •T.••N fL,N1u. ION. ST. NOT "Oto I W E ...._.r_•...<<--.•••..•••»h.•.••_• _A, w Ti•a_e♦•c ! s _ C• F• I _ -llAfi-�-� I• II �•1NaIN • •NM•am D•oSI N ST 0. 1 e t. I e t 1 t i) 1 [ o .+•.—>;Odl._¢roe. ol— ] to J ti J It 3 tt J [e �"" •""' ^'^ ♦ [I !1 • t1 [I tl _Q!b F•rK�n1/Mo,[� 6 D [0 0 [0 I 0 t0 J 0 t0 6 t0 • • 1• • 1• • I• • 1• • I• •'-'���— f •wS B T T G u T D a T P 7.7 T W 1e T K n ..�.•..`..L'l ///—I��.Itiv_ • • 1• NOT • le • 1• .0T • le • le ���,IwD D•Ntf ro ro m to IJ to le a le a le INCLuuo 1NCLuxo �1&. w•w u I♦ n I• n 1• a I• ac�.,.L'�..J_�_..t•'- 1! 17 •rn0. •T. 2 I N[VAp1 fT. w .•- 1 e♦ 1 [• 1 t• 1 t• ' e e e) t o ! e) er13 e o c•...oc•,a v•.N11DNa� t1� a ) ■■ s to, ) tt aSo So e • t0 a !o • t0 a _ e to Indl•n nlvr JA • N npOyY'• —•T n 7 t T e T• um II N Isr_ _ _GDVNTV � � � •O.D_ •t•t•w•pNOwI _ f•1 Odl 1.N MOTH ALL LOT•Y[•Vt 100' w K6 t••al•]1 CtC!•T tf fNON11 � 7 do 1.1.O1wf ISN.0011.Tf.TI t"' to r a' r_Mr ro vw •oTl:10 LOOT N1•l10 UTLLITT•d111NY[C.fCN[NT ON a[..LOT LIN[f •• a uK SHEET 1 OF 2 N SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) LOT 2 BLOCK E (OCCUPIED) — — —— T T—— — — — —I U&DF-------------, OSLO TRADE I CENTER $ LOT 3 Ion CONDOM/N/UM h VOCCUPIE (VAACCANNTE I'p• g 0MCIAL RECORD BOOK 1600• PACE 2613 LTOLor 4 ' &OCK E I L(1�nt��p/�b'�7c�S M�bN 3' g (VACANT) O 1 r'✓F DSD FOIA' o I � —_ N510 E 39— _—JI R� �ASS -H Or 0 ------- --- �0 I , 3 g or 5 BLLOCK E o Lu I h (VACANT) I• v�j Q uj b __ Q z 5 U N895510£ IJ9.00—` _ ZW --�1Ls�QE--- --- -- Q OSL O TRADE CENTER z I &��E I ^g CONDOMINIUM (VACANT) I h (OCCUPIED) OFFICIAL RECORD BOOK 1600, PACE 1613 ————————————————- — �11�11�—NSI — L_' ---- I LOT 7 I W BLOCK E I (OCCUPIED) I b I� EXHIBIT " SKETCH OF A" GRAPHIC SCALE DESCRIPTION 40 i 21 ) SKETCH OF LEGAL DESCRIP ANorth (ON 1 inchIN FEET = 40 ft NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: GARY M. RUST PROJ. NO. 15-019-UT DATE: 12-09-15 DKN. BY C.H.B. MERIDIAN CKD BY. S.P T. LAND SURVEYORS THIS PLAT AND REPORT ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL 1771 BVI)T.W RI%•6R BLIT,STTTI'E 701 RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND YAPPER NAMED HEREON "ERO BLWH,FL 32960 LBM90A WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. PHONE:rna94Ulu,Tax n2-79a1096 THE PLAT AND REPORT ARE NOT FULL AND COMPLETE NATHOUT ONE ANOTHER. R A1AIl I.%90t¢BF.I.ISOI TH.NF 1 103 PAGE 1 OF 2 nn++►um.mma ro am PLS-4416 LOT 2 Si BLOCK E EXIST. (OCCUPIED) (OCCUPIED) of tw?lhjeb DRIVE �fISI STORY 7RUCTLhl?r r.F.ELEV-23.t8' a"Gr SET 5 ELEV-22.90' *MESS w 10,0 E To- mr55,10T 159.00' 1 PIS-4416 "'OFFSE 5'U&DE OSLO'TRADE CENTER CONDOMINIUM (OCCUPM OFFICIAL RECORD BOOK 1600, PAGE 26IJ r.r.ELEv.-24.75' O- 2s APPRDAME LOMM or PKposo f WU ---E"Sr 24'ADS P6 -"—PW%o W-Wo 44E Inif mi b 04 25-R UP DOM7,,� 'A 8ts 14'XI4'RU U Up 0, P DOOR 14114!FAL -rXFST INLET UP M-\ 2T 10, 1MV.:1,6.15: S. INV. 18.04 i PROPOWD 'K o '1 0 i PROPOSED r-111 GARBACE FESPMW- ON pta 1 UNIT I UNIT 2 UNIT 3 UNIT 4 �MST 24-ADS wo"311 sm fff UP ERS 25 245 243' 25- FAD :L (WK OF 2v 14L I r�mPosEnu DWMW U)COM(PIP OF 4) PFMPMM S'RACK WM CLAD OM LM FDa Tm c --PRWM RXM WE 22.7tj OSLO TRADE CENTER orCONDOMINAIM 251t 5' OCCUPIED) D BOOK 1600, PAG .;v 26IJ F.F.ELEV24.0 L--7 I I I/ ,I —— — 5U&Dr 1 AfS9'35',107- 1J9.00' FDO C,.PI/rP SZ,5BIR (N ) LB-6905 I O'OFFSET LOT 7 BLOCK r oR (OCCUPIED) 7� 3W —EXISP INLET LOT 8S N WV.-?8.46' BLOCK E "(101cccvLT)"ll I d5 104 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY,FLORIDA,RELEASING EASEMENTS ON LOTS 3,4,5 AND 6,BLOCK E,OSLO PARK SUBDIVISION UNIT NO.2 WHEREAS,Indian River County has an interest in drainage and utility easements on Lots 3, 4, 5 and 6, Block E, of Oslo Park Subdivision Unit No. 2; and WHEREAS,the retention of those easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the north and south five (5)foot side lot line drainage and utility easements of Lots 3, 4, 5 and 6, Block E, Oslo Park Subdivision Unit No. 2, less and except any portion of the east ten (10)foot drainage and utility easement on such lots, according to the plat of Oslo Park Unit No. 2 recorded in Plat Book 4, Page 13, of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida,whose mailing address is 1801 27th Street,Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2016, by the following vote: Chairman Bob Solari Vice-Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of 22016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTWiMENT 2 105 RESOLUTION NO.2016- APPROVED AS TO LEGAL FORM: o 'fil) William K. DeBraal Deputy County Attorney ease.bccdoc proj/apl.no.2015020066/76105 Cc: Applicant: GARY M. RUST 405 33RD AV SW VERO BEACH, FL 32968 i 106 INDIAN RIVER COUNTY MEMORANDUM 9:5,0 TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling,AIC Community Devefopinent Director FROM: Roland M. DeBlois,AICP *11> Chief, Environmental Planning DATE: March 15, 2016 RE: Board Consideration to Approve a Services Consultant Agreement with Atelier AEC, Inc. for Phase 11A Restoration of the Archie Smith Fish House Dock It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of March 22, 2016. DESCRIPTION AND CONDITIONS In 2014, in conjunction with a grant received from the State Division of Historic Resources, the County contracted with Atelier Architecture Engineering Construction, Inc. (Atelier AEC) to produce restoration design plans for the county-owned historic Archie Smith Fish House at 1740 North Indian River Drive. In coordination with county staff and with County Historian Ruth Stanbridge, Atelier AEC completed the restoration design, including plans for restoration of the historic dock at the site. On December 15, 2015, the Board of County Commissioners approved a Project Agreement with the Florida Inland Navigation District (FIND) for 50% cost-share grant funding for phased restoration of the Archie Smith Fish House dock, to accordance with the Atelier AEC design plans. Under the FIND grant award agreement,the project costs are summarized as follows: Scope/Cost Estimate of Phase IIA Dock Restoration Based on FIND Grant Award Archie Smith.Fish House Phase IIA Dock;Restorations FIND Waterwa s Assistance Pro ram Project Project Elements Estimated Cost FIND Cost, County Cost Reconstruct main dock and construct 4 boat $181,800 $90,900 $90,900 slips(2,421 sq. ft.) Historic site architectural oversight $18,200 $9,100 $9,100 TOTAL $200,000 $100,000 $1001000 1 107 For the Board's approval, attached to this report is a draft Services Consultant Agreement with Atelier AEC, Inc. for Atelier to provide architectural oversight and to construct the Phase IIA dock improvements in accordance with the referenced FIND Project Agreement. ANALYSIS The overall dock restoration, as designed by Atelier AEC under its previous contract with the County, entails reconstruction of the existing dock, adding a floating dock and kayak landing, and constructing four boat slips at the terminus of the dock. Based on the amount of available FIND funding under the FIND grant award, however,the scope of this"first phase"of restoration does not include the planned addition of a floating dock and kayak landing. Notwithstanding, the phased scope allows progress towards overall restoration of the historic Archie Smith Fish House site, which is planned to be funded incrementally over time with the current FIND grant and with future grants. The initial review and design of the Archie Smith Fish House site dock and overall site renovation was awarded to Atelier AEC in accordance with F.S. 287.055 (CCNA) procedures and RFQ 2014020. That initial design work has been completed and the term of the original design contract with Atelier AEC has since expired. Due to their history with and connection to the project,staff believes that Atelier AEC is best suited to provide the architectural modifications to the dock design, as well as architectural oversight and construction of the Phase IIA dock restoration project. The architectural services fee of$18,200 and the total project construction cost of$200,000 both fall below the $35,000 professional services threshold and $325,000 project construction cost threshold which would necessitate procurement of these services under CCNA bid procedures. Since the Phase IIA dock renovation costs fall below the referenced CCNA thresholds, and Atelier AEC is familiar with the project and was involved with the overall site restoration design, staff recommends that the Board waive the requirement for bids and authorize staff to finalize the attached agreement with Atelier AEC. Fundin Since the Phase IIA dock restoration work under the FIND Project Agreement will result in boating improvements,the County's Florida Boating Improvement Fund was identified as the County's appropriate funding source when the County approved the FIND Project Agreement. The Boating Improvement Fund is the appropriate funding source for the estimated $100,000 County cost-share match for the work under the proposed Services Consultant Agreement with Atelier AEC.Funding is budgeted in the Florida Boating Improvement Fund/Parks/Archie Smith Fish House Restoration-Acct# 13321072-066510-14004. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to finalize the attached draft Services Consultant Agreement with Atelier AEC, Inc. for architectural oversight and construction of "Phase IIA" dock restoration at the Archie Smith Fish House as described herein, with county cost-share funding for the work to be funded with Florida Boating Improvements Funds. ATTACHMENTS 1. Draft Services Consultant Agreement with Atelier AEC, Inc. for Phase IIA dock restoration. 2. FIND Project Agreement for Archie Smith Fish House Phase IIA Restoration(IR-15-62). 2 M:V.AAC\Archie Smith Fish House\Archie Smith 2015 FIND grant app\ASFH FIND Grant ATELIER Agree BCC staff rpt for 3-22-16.docx 108 APPROVED: I.R.County AppcQved Date FOR: March 22, 2016 Admin. Legal Budget BY: �' Dept. iS /6 Purchasing 3 I Risk Mgr. 3 M:\LAAC\Archie Smith Fish House\Archie Smith 2015 FIND grant app\ASFH FIND Grant ATELIER Agree BCC staff rpt for 3-22-16.docx 109 INDIAN RIVER COUNTY Professional Architectural and Engineering Services for Indian River County Archie Smith Fish House Dock Restoration Phase IIA SERVICES CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of , 2016, between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, hereinafter referred to as the COUNTY, and Atelier Architecture Engineering Construction Incorporated, 2709 S. MacDill Avenue, Tampa, FL 33629, hereinafter referred to as the CONSULTANT. .f WITNESSETH The COUNTY and the CONSULTANT, in consideration;ofheiE mutual covenants, herein agree with " respect to the performance of professional architecture:astructural engi�: ,�neering; construction budgeting, 161contract documents, and related services by the CONS&UL•TANT, and tNe pa., ent for those services by the COUNTY, as set forth below. This Agreeni shall be referred to was the "CONSULTANT AGREEMENT". The CONSULTANT shall provide professional consultants an ubcontractor construction services including: ' , max 1. Design, permitting and construction of "P— s.,e,,IIA" rest6VWifi'on of the accessory boat dock of the historic Archie Smith Fish House ah 1740`4N ;Indian Ri er-Drive in Sebastian, Florida, in accordance with conditions, timeframes and specifications set forth in Florida Inland Navigation District ProjecteAgreement ,meq. IR-]5-62`attached fierefofas Exhibit A. 2. The access pier replace any damaged or.`r..otted'wood ix "75 framing, replace damaged or deteriorated deck boards, insta'll'guardrails;4,lighting and-fii-e protection. 3. Complete new pilingsF nder�the=�ice:.house withknew primary beam supports to stabilize the entire m structureWfro :the floorPlevelFdox wn= -<;, a 4. T,heaeast d"eckw:,;fnstall pil'ings,.framing decking railings and decking for the entire deck. 5. Te ramp and floating,,dock—(complete all work as a complete system. 6. Construct the fixed boa docks. ;_ SECTION-GENERAL RESPONSIBILITIES (1) Planning and ;design serves required by the Agreement shall be performed by qualified registered Florrdai?:architects, engineers and other design professionals. The contractual obligations of such }%`roessional persons or entities are undertaken and performed in the interest of the COUNTY. (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3) If the CONSULTANT believes or is advised by other professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the CONSULTANT shall notify the COUNTY in writing. The CONSULTANT shall not be obligated to perform any act which he believes will violate any applicable law. Page 1of7 ATTACHMENT 1 C:\Users\roland\Desktop\Atelier-IRC Agreement-ASFH dock Ph 1.doc 110 SECTION III - COUNTY OBLIGATIONS The COUNTY agrees to provide and pay for the following material, data, or services as required in connection with the work to be performed under this Agreement: • Hard copies of all record, existing conditions, as built drawings, in their possession • Permit drawings from local permitting agencies • Boundary(topographic) surveys when required • Access to the project site < L{ , SECTION IV- COMPLETION The consultant shall provide a written evaluation a '.— mmendation statement of findings for consideration by the Board of County Commissioners. 1f it is the decision of th`e Board to proceed with subsequent phases of work, a separate scope of workll_kJbe developed and the fee hs all be negotiated in good faith between both parties. i � Subsequent phases shall be approved andAagreedthrough the issuance of a work order for the work and a separate notice to proceed. ft SECTION V- TIME FO_R)ytCOMPLETION . Y:k 11 ydl� Time is of the essence°t1Wonsultant shall make all efforts to complete the work described as quickly as is possible. °4- be. A- o- ', �s�.'.L:'•Y�. =`•-'•d�?=e ' �i �, Tom%};. �.:. �3 � 3v"�Cr+^`r,,V H Commencement dates�shall be estalal�shed m allot�ce to'Proceed from the COUNTY. a COMPENSAT}ION fi SECTIONuVI (1) Compensatiori:',The COUNTYPagrees to pay and the CONSULTANT agrees to accept for services rendered pursuant=to this Agreement, fees in accordance with the following: Iz ,g `-4 f2 (a) Design, OversigWtand�Construction – Fee for design, permitting, oversight and construction of "Phase IIA" restorationof the accessory dock of the historic Archie Smith Fish House at 1740 N. Indian River Drive inSebastian, Florida, shall be in accordance with conditions, timeframes and specifications set forth in Florida Inland Navigation District Project Agreement No. IR-15-62 attached hereto as Exhibit A, and will be invoiced monthly. Fee for the overall Phase IIA work shall not exceed $200,000.00 without written authorization of the County. Fee for professional services relating to the overall work shall not exceed $35,000.00. The fee schedule shall remain in effect for the duration of the project. (b) Reimbursable Expenses: Reimbursable expenses, including prints, copies, mail, Fed-Ex, application fees, etc. shall be paid by the CONSULTANT, and then reimbursed by the COUNTY with a 1 15 mark-up; or paid directly by the COUNTY. Page 2 of 7 C:\Users\roland\Desktop\Atelier-IRC Agreement.ASFH dock Ph Ldoc 111 I- J FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-15-62 This PROJECT AGREEMENT made and entered into this 15th day of r)err:Ynher , 2019 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Indian River County, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Archie Smith Fish House Phase IIA Restoration. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT'S scope of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2017 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2018. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2017, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. ATTACHMENT ;� 1 117 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent 50% ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A ("PROJECT COSTS") and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $100,000.00. Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written advance notice and iustification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT PERIOD, with the exception of pre-agreement costs, if any, consistent with Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and-summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON 2 118 AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of the Agreement, reimbursement for all PROJECTS approved as Phase I projects will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further District funding. Procedures set forth below with respect to reimbursement by the District are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE 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 E), (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 18 and (5) a Final Project Report as described in Exhibit G. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom Project Sponsor has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a 3 119 DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the 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. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this Agreement by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid, . PROJECT SPONSOR shall refund the full amount of the ASSISTANCE AMOUNT to DISTRICT, whereupon this Agreement, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17 and 20, PROJECT SPONSOR acknowledges that breach by PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17 or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief. and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm.. The provisions of this section shall survive completion of the PROJECT. 1 l. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 4 120 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES - Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the 5 121 project entrance of the completed project, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by project sponsor, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial, ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - 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, and shall, unless the context clearly requires otherwise, survive completion of the 6 122 PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - 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. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: Indian River County Attention: Chief of Environmental Planning, Community Development 1801 27th Street Building A Vero Beach, FL 32960 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 7 123 t 29. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAW GA O DISTRICT By: ive Director DATE: Z`z3 h INDIAN RIVER COUNTY BOARD TY u�..w MMISSION WITNESSES: ..y ......... Zi�,y OF COP OJEC�SPONSOR ERS e•,t "� y: Jitle: Bob Solari, Chairman '•9N;ERC01lNT4 DATE: Approved by the BCC 12/15/15 ti.M.• Attest: Jeffrey R. Smith, Clerk APPROVED AS TO FORM of Circuit Court and Comptroller AND LEGAL SUFFICIENCY �l Yh)VLI _j Deputy Clerk William K. DeBraal Deputy County Attorney 8 124 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2015 PROJECT COST ESTIMATE (REVISED) (See Rule Section 6611-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Archie Smith Fish House Phase IIA Restoration APPLICANT: Indian River County Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost provide a general cost break out for each one. (Number and/or Footage,etc.) For Phase 1 Projects,please list the major elements and products expected) Reconstruct main dock and construct 4 $181,800 $90,900 $90,900 boat slips (2,064 sq. ft.) Historic site architectural oversight $18,200 $9;100 $9,100 ** TOTALS = $2009000 $1009000 $100,000 Form No.90-25(New 10/14/92, Revised 04-24-06) Agenda - 10 - 125 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, V; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: March 11, 2016 SUBJECT: Redus El, LLC Request for Final Plat Approval for Pointe West East Village Phase I South PD [99070081-75745 /PD-16-02-01] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 22, 2016. DESCRIPTION & CONDITIONS: The Pointe West East Village Phase I South PD represents the next to last phase of the Pointe West East Village. Phase I South consists of 82 lots on 28.06 acres resulting in a density of 2.84 units/acre for Phase I South. In 1999, the overall Pointe West Planned Development Traditional Neighborhood Design was approved for development of 1,199 units on 602.99 acres resulting in a density of 1.99 units/acre. Pointe West East Village is located on the south side of 16'' Street, east of 740' Ave, and is zoned PDTND (Planned Development Traditional Neighborhood Design). On July 28, 2005, the Planning & Zoning Commission granted phased preliminary PD plat approval for the Pointe West East Village PD. Phased approval was given to construct 305 lots and park tracts on 98.59 acres. Subsequently, construction of the subdivision commenced and has proceeded in accordance with the overall project's phased approval. With respect to Phase I South PD, the developer obtained a land development permit, constructed the required subdivision improvements, and is working to obtain a certificate of completion. Recently, the applicant submitted a Phase I South final plat in conformance with the approved preliminary PD plat, and now requests that the Board of County Commissioners grant final plat approval for Pointe West East Village Phase I South PD. ANALYSIS: All of the required improvements for Pointe West East Village Phase I South PD have been completed and it is anticipated that a certificate of completion will be issued prior to the March 22, 2016 BCC meeting. As part of the certificate of completion process, the developer posted a FACommunity DevelopmenACurDevTinal Plats\BCC staff reports\2016FPrpts\PWEastVillagePhaselSouth(PD-I6-02-01).doc 1 126 maintenance bond to guarantee required road and drainage improvements for a period of 1 year. In this case, all subdivision improvements (stormwater tracts, park tracts, roadways) will be private, with the exception of certain utility facilities, which have been dedicated and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval for Pointe West East Village Phase I South PD have been satisfied. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Pointe West East Village Phase I South PD. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout APPROVED AGENDA ITEM: Indian River County A ed Date Administrator ,j t7 oto FOR• March 22 16 Legal g 16—1 BY: LBudget Risk Management Department FACommunity DevelopmenACurDevTinal Plats\BCC staff reports\2016FPrpts\PWEastVillagePhaselSouth(PD-16-02-01).doc 2 127 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION h!ov 2015 Please Indicate the type of application being submitted: Conceptual PD SpecialException: V Concurrent Conceptual PD Special Exception &Preliminary PD: LZ Preliminary Planned Development. Final Planned Development: X Note: For a PD rezoning please use the appropriate rezoning application. PROJECTNAAO: Pointe West East Village Phase 1A (Sol�) Plan Number: 1(o- 02--c Project#: 99070081. 25-91/57' PROPERTY OWNER: (PLEASE PRINT) APPLICANT(PLEASE PRINT) REDUS EL, LLC Masteller, Moler & Taylor, Inc. NAME NAME 1 Independent Drive, 10th Floor MAC Z3094-100 1655 27th Street. Suite #2 ADDRESS ADDRESS Jacksonville, Florida 32202 Vero Beach, Florida 32960 CITY,STATE,ZIP CITY,STATE,ZIP (904) 351-7355 (772) 564-8050 PHONE NUMBER PHONE NUMBER Susan.G.Moore@wellsfargo.com dt5243@bellsouth.net EMAIL ADDRESS EMAIL ADDEM Susan G. Moore David M. Taylor CONTACT PERSON CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) AGENT(PLEASE PRINT) Masteller & Moler, Inc. Masteller, Moler & Taylor, Inc. NAME NAME . 1655 27th Street, Suite #2 1655 27th Street, Suite #2 ADDRESS ADDRESS Vero Beach, Florida 32960 Vero Beach, Florida 32960 CITY,STATE,ZIP CITY,STATE,ZIP (772) 567-5300 (772) 564-8050 PHONE NUMBER PHONE NUMBER Imboyer@hellsouth.net dt5243@bellsouth.net EMAIL ADDRESS EMAIL ADDRESS , John M. Boyer, P.E. David M. Taylor, PSM, CFM CONTACT PERSON7 2PERSON A A46� 71 S "aRE OFbVVNER OR AGENT fdAl FACommmity Doyciopment\Usm\CurE)ev\Applications\PDAPP.dor Revised knuaty2011 Page lof3 ATTACHMENT 1 128 TAX PARCEL ID#(s)OF SUBJECT PROPERTY: 33390700002000000000.1 PROPERTY CLASSIFICATION(S): Land Use Designation Zoning District Acreage M-1 PD 28.86 TOTAL PROJECT ACREAGE: 28.86 EXISTING SITEUSE(S): Single-family Residential PROPOSED SITE USE(S)A"INTENSITY fe.g.#of units,square feet by use): R T '5 Li S"s (e Replat of Parcel A. Point& West East Village Phase 1 PD for 82 single-family lots, private road right-of-ways and tracts. *�PLEASE COMPLETE THE SUBMITTAL CHECKLIST** The follo�ing items must be attached to the application: x7 If thelicant is other than the owner(s),s app d ),a sworn statement of authorization from the owner, . N/A 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; X V Two copies of the owner's recorded warranty deed; X 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 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 20-40 acres 1250.00 over 40 acres 1300.00 +50.00 for each additional 25 acres over 40 acres Final PD Plans For concurrent application fees combine the appropr a fees and subtract$400.00. FACommuniiy Develop mendUsers\Curpov\Applications\PDAPP.doe Revised January 2011 Page 2 of 3 ATTACHMENT 1. 129 X t/ Ten sets of complete Conceptual, Preliminary qq �FinalDal plat plans must be signed and sealed by surveyor). Plans as per Chapter 915,pursuant tbproval being requested. NIA Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum Iot 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. i N/A 2 Aerials for conceptual or preliminary PDs N/Atemized response to pre-application for conceptual or concurrent applications X 2 sealed surveys N/A 3 sets of floor plans and elevation for commercial or multi-family buildings N/A Written Statement and Photograph of Posted Sign For Final Plat's only X v1 CONSTRUCTION COMPLETE-BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvementsEngineer's statement that certificate of completion will be obtained prior to approval IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original Engineers 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 FACommunity Development\Usex1CurDevlApplications\PDAPP.doc Revised January 2011 q Page 3 of 3 ATTACHMENT j. 130 -S-16TH MNIj 3339DOODW01300000,.0 Rt6 z A-1 RM-6 -R RM-6 16TH ST.MSEW OD —SUS-LAMITAV SU94A7ERX-A-l-W PDTND 33390700002000000000.3 PDTND W O.QLlt UgM -l'7 gg"-gti ., A-1 p: A-1 PDTND f,IN A-1 1 ImIll" tu Y 5 V 1.0, o tu Q -z V-,4 A yo X M. Iz A-1 P� 6 A-1 15 A-1 PDTND A-1 rr A-1 ui 3339070000,006000003.0 12TH ST(ROSEDACE-RD)___J_ Z- 3339070DOOID1100DO01.0 33196700MO100000070 33390700001012000001.0 A-1 A-1 GRAPHIC SCALE POINTE WEST EAST VILLAGE, P H A S E 1 SOUTH PD /\ PLAT BOOK BEING A REPLAT OF PARCEL A OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE 1 PO ,®®\ AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, PAGE •:1. LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. DOCKET N0. L 'm �•w.v ov+n w eoe.nrr w ra rn I I I w � � ru I — Irn TRACT"G-5" �au ra7 I ,1a rs I 1a I t•If _ GALCERILANE ��¢Ty - ^ ro rro tzi .r rAUAPc I m rAwa I+b - - o r— — ro a rc�. I r II qb v �I r.r I oFI —ro — — — .airy .m aro obg L I roe RAno. ,r ns Now a I w I O rawrt.m EAar I I�p= FP 3 r I I � c '� 3u �gl - 3nooe'zet reaoo' I S A, xxR I a II .r I �I b �h� II Iy PANT OF BEGINNING Leu-1 I aur m r» eu J I II A0O1 ololl x«a'o' I AI ry uru I IS 14TH LANE _ -- - N wnY.uT mw - ry N - --,V F .uaao' - 'N r9 9a f[wrArN I9 Yam -wI.. w' run umiorr w ro .L—rwv�a sort a wv ar ro - - rav wnn�xiaY rm.e a x pro — — — — — I'— r — — — — — — a rp c axeneP ns 4.aa n.• ras pea reN/rN I0 — 1a ar etewne.• I Lot 13 I Lot IIO I I tot 127 tot 112 I I Lot I59 I TRAer 7 raP3YJxT RsoY I I I d .r OeWl3e c av»Ax IILot 111 tot 126 Lor W O Lot 16e I ri I I I Lot 24 I I.� a ms n n rop N+� I » PARCEL "B" �xrrp��qx�wrrsn� O b rant r•sr cccr N oral I` I Lor 125 �j Lot 144 ! Loll ,s I OIC ProM GSr I I I ap a C'7 = 2 I �> Lor 23 'aa nooa Z 3 r Lor IIJ I I Lot 024 Lot los I �J fre�q reu N[ 1 I- 55> I I s Lot 156 TRACT"G-6" I I WI I Ir Z POHrz eQr EAST Lor 26 I Lot 114 I I Lot 123 Lot 146 I I Lot 167 7I aLAa Pwxtro — - - — - - - - --� - - - - - - - - - - - -" � marc» - '�. IUNGALOWLANE - _ N". _ - _ BUNGALOWL.ANF. Lor 27 w r•vArz•Orr o'•Ir w'_Yw:•wt cr aur 4 — � I I tat 26 I I I Let lib I I Lot 122 Lot 147 I I Lot 164 I I II I w w a _ INLl THIS WSTRUNENT WAS PREPARED I F w a I a Ilot 163 Lot 18- Lor 165 Lot;168I I:ot 167 lot 166 lot 169 Lor 1901 II I BY DAwD TAYLOR FO7 Lot Ile J aI a,rfa. ra3 ti Lot roe J w 1 C I I L-dee',e-aoo' uASTELLER,tIOLER d TAYLOR INC. I I I — — —L — — _ _ — 6rox4M o�ae4• Lot 121 �j Lor 16J w! »•I I655 27TH STREET,SUITE 2. I Lot 29 la V p L£RO BEACH,FL CERRFICATE 1X AUTHCRIZA77ON I » Lot 117 Wa O L" _ _ — _ _ _ — 4 NO.LB 4644 I I eo'tc I> I Lot 120 Lot 149 I I Lot 152 V 1t y PHONE 772-564-6050 I ao_en %ea J L� I 8, Lot�9 4 FAX 77?-791-0'617 I I °' "J roa I yF Lo1 I9J for 192 Lot 19r n+ACT �'S n!°��Kr�, ORIGINAL PREPARATION DATE: Lot JO I I �L \e rr/O6/is R'� xY x Lot 197 Lot 196 176T 7.1? �ol 11e I I Lot 119 g Lot 150 I I Lot rsr Lot 195 Lot 194 �I�T MW rp•rz RST EAST G N �q y ro Sp roLL— - � I17'32'• ILIO' GENERAL NOTES I Lot J1 _ - EATTITLLAGESQUARE - - - / nm B w vwv4rz m a MY ras peas PARCEL "B" SEE SHEET 4 OF 6 FOR GENERAL NO IES. r'� 'E RST W 7 � —1 I _ _ ,. t ro PARCEL "A" ro n,ro e4 Lot 32 I �rz o u- I Lor 49 II I I ro a " _ � I Lot.6 Lot 34 Lor 35 Lor J6 Lot J7 Lot 3e tot 39 Lor 40 Lot n Lot 42 Lot 43 Lor II Lor 15 Lot 46 R NSIONS ADATE Lot 47oA a Aaena Lor 3JTRACT'GPENCWNTY CWNe"n _ — J L _ — J L _ sea " O PEn CO w COUNdi2 x7113 rt Nm TASr nW �� TRACT C-6' 1,iAoc rlua L ro ,v�„oP sgET 201 e marcs Fr W N POINTE QUEST EAST VILLAGE, P H A S E 1 SOUTH PD PLAT BOOK BEING A REPLAT OF PARCEL A OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE I PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. PAGE DOCKET NO. MT I re} _I_ rer I_ —reo� _rn rTa_ I rn _I_ ns I I SHEET INDEX n3 _ GALLERY LANF, I I 50'PMYAIr MONT K wnr IW1[ m e PHAsr t ro.Pe 3}x x 5P 1 I I aI UP PARCELPO"IE R[sr UST RPAacusAII VelAN 7PNAs[� IBEET 3 CF A JA POW¢KSr fAsr NIIAGE I I I PHASE 1.PD.PD n.Pc sS 5'u c. I o I s'unLlry 1 o SII 3 "' I 44- I I II: o �I I I I I�� = s'uE. 8�I �$ I I I a 'o ^ ADIXMWN uTw•u I _I lo'unurnr I I I O.R.D.]4WA Po tr II I 1 1 1 I ]5' ]5' I I I URrASLMpr PSen.Y.II'1F bar A19 Aru Si PB}x PC]V 1 I I 50007TH Id 9R B[MOYAMf F ]p 01 N IOP CIN flu wm0.Y ]ear N"iIM 1.P] Ply/AOC r r ezSlNo.e] I I I I aro sePSY,uw z5ar � I I N [o AAFrA. I I I ry♦TFOF ----------J r 8 I 5'uc II I dsov L----------------- ----- �, TRACT 5 I II trRECREASP u I I ABBREVIATIONS OPEN 25' 25' BM BENCH MARK ... 5 p I I I Ci cONSERVATION EASEMENT s I4 CMCONCRETE MONUMENT _ DE. ORMMAGE EASEMENT D,&U.E. ORMNAGE k UTILITY EASEMENT rEMA FEDERAL EMERGENCY MANAGEMENT ASSC `RD.F.W.C.D. INDI N RIVER FARMS WATER CONTROL DISTRICT oI II I I^ ID :ON IR IRON ROD p $ W'UE IP IRON PIPE L{I I I I I N�21". ELEV ELEVATION yI; I PLS SURVEYOR'S NUMBER j ab WI i I w NORTH RICAN VERTICAL DATUM NRNOH-RAOIA ORB OFFICIAL RECORD BOOK e 4I b I PB PLATBOOK((INDIAN RIVER COUNTY) I I I W I PBS PLAT BEd((5T.LUCIE COl1N7Y) PG PA PARCEL •B• PC PONCE T OF CURVATURE II Wa S'U.L S I B IaLANz PHASE L M PCC PONT OF COMPOUND CURVE pp PR]x M W PCP PERMANENT CONTROL PONT d I ~I I PRM PERMANENT REFERENCE MONUMENT P I I S OB POINT OF BE NNING I I IIIk I POC PONT OF COMMNCEMENI PO PLANNED DEVELOPMENT I` TRACT`— V— _ PSM RAL SURVEYOR AND MAPPER .10 R/WP.A. RIGHT DO Fi WAY Y PA C RUNGALOWLANE NevsS•5] ]}' C P,A.U,kD.E.PRIVATE ACCESS.UTILITY8 DRAINAGE EASEMENT U.E. UTILITY EASEMENT I rMP3YJIt 5TH)7' MATCHLINE SEE SHEET 4 GENERAL NOTES /SINSTRUMENTA A SEE SHEET 4 OF 6 FOR GENERAL NOTES, CURVE TABLE FOR H STREET. IFOL£R d TAYLOR INCH. (7MVt OEL TA LENGTH RADR/5 OIORO BRG CHORD PRIOR TO THE ISSUANCE Or CERTIFICATE OF OCCUPANCY. THE 1633 77TH STREET,SU/iE Z VERO BEACH, FT. CERTIFICATE Or AUTHORIZATION NO.LB 4644 CJ lS. IM MIA BUILDER/LOT OMER SHALL BE RESPONSIBLE FOR PROVIDING THE PHONE 772-564-6050 FAX 777-794-0647 r5. Iaoo Iar4 SIDEWALK REQUIRED ALONG HIS LOT'S STREET FRONTAGE AS OR/GNAL PR£PARA7ION OA TE' TI/06115 NOTE, M r I�� DEPICTED ON THE APPROVED PRO.ECT PRELIMINARY PLAT AND NO BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LAND DEVELOPMENT PERMIT. REIASIONS DATELOT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL GRAPHIC SCALE CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF THE LOT OR D.IE orNIOARAFDN II 5 TRACT IS OBTAINED,INDIAN RIVER COUNTY DOES NOT E'U CdINry(0)WIOIm I] 5 GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT THE TIME WHEN AN APPLICANT OR APPLICANT'S SUCCESSOR CHOOSES TO PER(MIMTY(MOMENTS mm/1. APPLY FOR AND OBTAIN A CONCURRENCY CERTIFICATE. SHEET 3 OF 8 Fr W W POINTE WEST EAST VILLAGE, P H A S E 1 SOUTH PD PLAT BOOK BEING A REPLAT OF PARCEL A OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE I PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. PAGE _ MATCHUNE SEE SHEET 3 - c - - - - - - FdcT2 - - - _ - -I- - DOCKET N0. IN69`3.YJ7 .MT7' I '^. euncAcowunE - Sv w.YAIE waT aP wA, - PARCEL 'S'"B' GENERAL NOTES a 1 moo' 60.00• 87.00' 6000• 80.00• 6.1.00' 0.00' 130.72' I > I POPNIC R3T EASY 1. BEARINGS ARE BASED ON THE GRID BEARING OF N89'52'J1•E ALONG THE NORTH LINE PARCEL MIlM2ZP-.Sr 1'POA,POINTE WEST EAST VILLAGE PHASE 1 PD. 12 PC Ov OI b I 2. ICQMF.•NO CONSTRUCTION, TREES OR SHRUBS WILL BE PLACED IN DRAINAGE AND/OR UTILITY EASEMENTS 0I7NWT COUNTY APPROVAL, 3. NOIIM'.THIS PLAT,AS RECORDED IN ITS GRAPHIC FORM,IS THE OFFICIAL DEPICTION or THE g I- i I n I 3 AUTHORITY LANDS DESCRIBED HEREIN AND WILL F M CIRCUMSTANCES BE SUPPLANTED IN _I +,I Lu I AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF IS PLAT. THERE MAY BE [b` ApYI TIOHAL RESTRICTIONS THA/ARE N07 RECORDED ON THIS PLAT THAT MAY BE FOUND IN o I Lot I83 a Lot 181 Lot 183 W Lot 186 H Lot 167 }+ Lot 188 n Lot 189 0 lot 790 THE PUBLIC RECORDS OF THIS COUNTY If 60'k 1. PROPERTY IS LOCATED IN FLOG ZONE X,AS PER F,E.M.A.MAP 112061CO238 H,DATED O"Of 21 yy TSQ pi I2-1-2012.A } q TSy L5 I I I ro 19� 5. DECLARATION OF COVENANTS,RESTRICTIONS OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THC PROPERTY$HOMN ON THIS PLAT ARE FILED IN OFFICIAL RECORD BOOT(1319. }, _111 ].So' F PAGES 950,PUBUC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. - - - - - - L"11.00',.-SOw' 6, ALL PRM'S,PCP'S AND LOT CORNERS HAVE BEEN SET PER FLORIDA STATUTES. ab .� Ki1.Y1]T TS• 2y I 0071707:aN"r7.ee' I O� 6000• 60.00• 65.00' 8Q 80.00• 8500' 6000• 60.71' .rO1o]ebo' 7 NOTICE.' ROUTINE MAINTENANCE(E.G.MOWING ETC.)OF EASEMENTS SHALL BE DHE plyr y QyOp• 60pp� 6100 00.00• GO .� 5500 55,72' -I 6' I 1 a..m RCSPONS&LITY OF THE LON HA VE PE BEEN OWNERS AND D NOR RIVER COUNTY. q J 4 I 8. 1988(ON$yIO WN HEREON HATE BEEN CONTROL UTILIZED TO ENC NORTH AMERICAN VERTICAL 1 INDIAN, =kz• - -r PL3100a0 1988(N.COUNTY VENC). THE NUMBER 122022,SITE BE TO ESTABLISH SAID REFERENCE I$INDIAN RIVER COUNTY BENCHMARK NUMBER 1]1012. YR BENCHMARKS ARE SHOWN ON SHEET T OF 6 1 $ BI 9. ALL CURVILINEAR LOT LINES SHOWN HEREON ARE RADIAL TO MC CURVE.UNLESS NOTED 10.(bQRCL PROPERTY OWNERS ARE PROHIBITED FROM PLANTING ANY CARIBBEAN FRUIT FLY AND 4a" W ,g. Ba'K ASIAN CITRUS PS REMOVE AME IF GREENING)MOST PLANTS AS SPECIFIED'HEREIN AND ARE ' Lot 197 Lot 196 Lot 195 Lot 191 � Lot 197 Lot 191 Lot 191 5 $ 8 & PITT Tree. REWIRED TO REMOVE SAME IF ANY EXISTS: CATTLCY AND GUAVA,COMMON GUAVA,LOWAT,ROSE 55�� pp Q 7p� b$ gON2'Ie1 w�- PC 1987 APPLE.ORANGE JASMINE,CHINESE BOX ORANGE AND SURINAM CHERRY, n. THE STATE PLANE COORDINATES AS SHOWN HEREON ARE BASED UPON MC STATE /^ ! 3'U L 64,QA Op CLS 6]WO PLANE DEVELOPED COORDINATE U SYSTEM,FLORIDA CAST ZONE,NAD 1987,1011 FROM HE I AND WERE DEIELOP D U9NG A REAL TIME GLOBAL LOWS: KING SYSTEM FROM ME INDIAN C _ � - �`� �j05y11.6T a TYSTT Ir.ro' RIVER COUNTY DENSIFICATION PROJECT AS FOLLOWS: GPS/17 N;201261.25 E 821726.37 50.00' 8500' 60. 65.00' l"n.s'.6-]O600' / GPS/18 N 1202018.17 E 811719.91 0s«na7'SIt orn,6Y N607J•3TT .no.ar -wc•.ww• , EAS 7l7LIACEsOUAl76 11% PARCEL g i Sv PwvAI[war dF WAY L9 '� PON¢e 'u1T j 71,69' 71.69• -71 71.09•- 51. • uCTt L' LAt1AQ PHASE L m - 1 `�{ PO 2Z PO Ov - SHEET INDEX IS'ac I 'S� Y Lot 49 w w I g g s! g Lot 18 r Cot IJ a Lot N c Lot 15 o Lot 16 a Lot 07 �o I c /• a Io � I I \O g5 TRACT 1 1 , 7.So' I4 d • raAa �• y1a'� VEL y TRACT"C-6" I IS'0. POWTV RST CAST F g1Ar PHASE 1,P9 I I ' 71. 7.69- ]1.69' 17.1i' 71.0' Ie I9• ro 72 Po'J9 77'72 1771IY a r6 I, i PaNlc RST EAST TRACT"G-B" WMALE PNAsc L ro � CURVE TABLE r ro ZZro 6D CURVE I DELTA ILENGTH RADIUS ICHORD BRG. CHORD I I ! 47m e I ---------- ---------J C7 1171 IP 1411 LINE TABLE UNE LENGTH BEARING 1414 016 ;SII loco 1 11 L]] 17.10 CIv 1.11' Sa12 17300 3009 NOTE. c2o 77.60 11100 PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY. THE CTI Iv.M TT300 I0.v6 THIS/NF RUMAS WAS PREPARED BY HARD TA/1 SIDEWALK RC OWNER SHALL BE RESPONSIBLE FOR PROVIDING THE FOR MASTELLER,MDI,ER tr TAYLOR INC LEGEND 072 San 2730° Sa71 SIDEWALK REWIRED ALONG HIS LOTS STREET FRONTAGE LA AS 1655 FITH STREET,SUITEHORI 1, L£RO BEACH,Fi.. O P,D STAMP":71-CONCRETE MONUMENT SS FOUND aJ xiIS 1n0o J0.H DEPICTED W THE APPROVED PROJECT PRELIMINARY PLAT AND CERTIFICATE OF AUTHORIZATION 7 2 LB 0611 C21 rs71 Inco 1411 AND STAMPED'PRM PLS 7909 UNLESS NOTED 21 1a v7 ) 2e ar LAND DEVELOPMENT PERMIT. PHONE 772-761-BO50 FAX 771-791-0617 OTHERWISE. ORIGINAL PREPARATION DATE IP.C.P NAIL AND TAB STAMPED'PSM SNJ•SET CZ- 1106/15 1 n 10. II 11 Q 0 rn aR Sao a9. GRAPHIC SCAIE UNLESS NOTED. _ NOTE. R NSI A OLOT CORNERS 70 BE MONUMCNTED WITH A 1/2"IRON NO BUILDING PERMII WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT ROD. 18 LONG.AND CAP STAMPED•LB 1611" OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY I w Par l A ItICP A 11 5 ' CERTIFICAIE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. LOT CORNERS 70 BE MWUMCN7CD WITH A 1NAIL _ INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEWATE PER COUNTY COMMVITS 17 6 & !AB STAMPED'PSM 5217 CAPACITY WILL EXIST AT THE TIME WEN AN APPLICANT OR ;CTI col "CCLRIENT6 Ot a APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A ABBREVIATIONS CONCURRENCY CERTIFICATE. SCE SHEET J OF 6 FOR ABBREVIATIONS, SHEET 1 OF 6 W /\ POINTE WEST EAST VILLAGE, P H A S E 1 SOUTH PD PLAT BOOK BEING A REP ® LAT OF PARCEL A OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE 1 PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. PAGE DOCKET NO. �n d STT[t{MOYARf n �V � a'vAUNx � w'vAUAOF �t°y � yg N°vlo"ewn°lseu'• 13� e' I I . '�'a ro n l I SHEET INDEX a earn.e> l> I t W 1` ve 7z x b C h or ,dl I I r`I I ve A r.r I VV I rm s su� su1- nt proo /IT/l UNE Nen 32•L JJa00' Ney3T JlY a.lo.00' m0D.7et nao' sn rMNAI[wai a... s0oee'xt I I 1 a ro 3 smm',at nao' ,�, I � sea •-aa � «�--raneLw'r�aaensn;w ,R IT u '>aea• rJeen I 1 I^ ,r,w r- stc Lot 23 Lot 170 I^ I $ I Lot 127 $, • 1.1 112 Lot I39 ^I 10 ac I e I LIZ `n 1 Me,SY]1 Ib Oo' .11%121 110.00' Me,SYJ1Y INt 00' Nen3Y.11t r1a07 Me,3.TM-1 I.01Y I n' 20.' � w P.Au.A DE + 1 7v 0.v I - Lot III g Lot 126 d 8 8 I F W L ------ a'u.r. b 8 c I g I Lot 1/J I o f Lot t38 8 aI Ia I� el Ie d Lot 21 u Ne99r]J'C INLOo' � IO• Ne93rant rMleO' N Neer I1a00' Nep,,l'al 11Qao' I t ^Iv.A�u GRAPHIC SCALE A Ne,w,32t mot, g I I Y N I 1 8 _ Lot ITS � �r7+ g Lot rt8� Lot 137 Lot 112 S u g I IO� I I1 Vb^ Ner7.1'J]t II000' N°,3J'.ut rMoe• Nen�J'J2 INI.00' L. Nen3J'J2 ib eo• t -1 r rcT I � .._� . ��� 8I Lot ZS 8 �, t ^� I wg I Lot IIJI q I Lot 121 R $ Lot 115 I� $ I Lot 158 I $ IAF Me93!w Iso 00' O11. SB I .� c I O o I 70' 70' T WASeE' ' I +L MenSYJ7 11000• � Men3rJ 11000' o MenSJ'J2t 110.00' NepJra7 I1a00'U. o K� g � I R Lot 26 I `^ g I 'Sc 8 8 8 8 18 CURVE TABLE �,--II Lot It/ I a I lot LTJ L7 LO Lot 116 I I Lot ISS CURVE DELTA LENGTH RADNUS CMORO BRG 0-11 VdL> ^L IJ $ e _ c2 13.7o faro r�u --Ne93JJfr-, D' I Jsee` o = — — — — — rI ° N.-4>t rJ w` MCY�J'Jit raa00' � C4 rSn IaW IAr1 /1 IUNCALOWUNE G rs.11 Ia00 1A11 ]/m"S SA 0.N ST_ Neal.rnt COQOo• 1 Ia00 1411 gI r 1 MkE r7kM1R i-7TASr — — — — — — — — 1 CE rs. la r1.1. Lot 27 8 P Nrmsecew u 50•PW VITC MNArT or,AY CO Ia>r ra00 1411 eD,S17Ia�• M8,7J'JI I - u Ne,9J'J2"C 11!00• u Ile, I Co IIJ Mer3YAt Ixi00' W a'aE Lot 122 LI 111 J g 10.v� 5'uc I Lot 113 c g p•I.A.U.a ac 8 8 h Lot 117 I Lot 191 n 8 I LINE TABLE 8I 18 d I '.� M ]7 I I UNE LENGTHBEARING Lot 281 I u &_o Nep3.1' 110 00' Meg 11100' Ne,9J'J7 10.00' Ne,9a'J7 11100' LJ 50.00 —,------------------�---- ---_--___----------------------------—------------------------------------------- - MATCHUNE SEE SHEET 6-----------------------' u aao GENERAL NOTES a u.00 SEE SHEET 1 OF 6 FOR GENERAL NOTES, NOTE. L7 3.0o PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY. ME Le 50.00 WRIX BUILDCR/LOT OWER SHALL BE RESPONSIBLE FOR PROVIDING THE LY 00 THIS INSTRUMENT WAS PREPARED BY DAVID AYL O4 LEGEND SIDEWALK REWIRED ALONG HIS LOT'S STREET FRONTAGE AS L10 Moo FOR 4ASTELLER,MOLER h TAYLOR INC Q P.R.M..1'XI"A71'CONCRETE 40NVMENT FOUNp DEPICTED ON THE APPROVED PROJECT PRELIMINARY PLAT AND LII 12.00 7655 27TH STREET,SUITE Z WRO BEA04,FL. AND STAMPED PRM PIS 3909 UNLESS NOTEDLAND DEVELOPMENT PERMIT. Lr) Soo CERRFlCA IE Of AUTHQRIZA DON N0,LB 1611 OTHERMISE. IJ xiao PHONE 772-561-8050 FAX 772-791-0617 OP.C.P..NAk AND TAB STAMPED'PSM 1521J'SET 11 I a ORIONAL PREPARA 7701V DATE. I7/O6/i5 UNLESS NOTED NOTE LIS 1 00 QLOT CORNERS TO BE MONUMENTED IMTH A 1/2"IRON NO BUILDING PERMIT MILL BE ISSUED FOR DEVELOPMENT OF ANY LOT ROD. 18'LONG.AND CAP STAMPED LB 1611' OR TRACT UNLESS AND UNIT.AN INITIAL AND FINAL CONCURRENCY REVISIONS DA CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED DA Of Ar1ATIOl 11 s LOT CORNERS TO BE MONUMENTED MIM A I'NAIL INDIAN RIVER COUNTY DOES NOT GUARANTEE MAT ADEQUATE POI COINTY OOM1[NTS 10 s A•TAB STAMPED'PSM 5213- CAPACITY MILL EXIST AT THE TIME MNEN AN APPLICANT OR ABBREVIATIONS APPLICANT'S 5UCCCS50R CHOOSES TO APPLY FOR AND OBTAIN A $CC SHEET J Or 6 FOR ABBREVIATIONS P!T COIMTY C01r1C11T5 OI D CONCURRENCY CERTIFICATE. $HEFT 5 OF 6 H•L W POINTE WEST EAST VILLAGE, P H A S E 1 SOUTH PD PLAT BOOK ®® BEING A REPLAT OF PARCEL A OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE T PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. 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L'ERO BEACH,FL. UNLESS NOTED DEPICTED L TIME APPROVED PROJECT PRELIMINARY PLAT AND L21 lxoo PHONEC72 56 AUTHORIZAX 7 2- L8 0811 LAND DEVELOPMENT PERMIT. PHONE 772-381-8050 FAX 772-791-0617 QL07 CORN RS TO BC uONUMENIEO M7N A 1/?'IRON ORIGINAL PREPARA77ON DATE.- 1,106/13 ROD, 19'LONG,AND CAP STAMPED%9 1611' *LOT CORNERS TO ITC MONUMCNTED MTN A ,'NAIL NOTE. h TAB STAMPED PSM 3213' NO BUILDING PERMIT 1MLL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY REVISIONS OA GRAPHIC SCALE CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT 15 OBTAINED. A p ARAiRM 1, 5 INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEOUATE PIR CQMTY COMMENTS 10 5 CAPACITY MILL EXIST AT THE TIME—CN AN APPLICANT OR APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A ABBREVIATIONS PEP COUNTY COMMENTS m e t.rm CONCURRENCY CERTIFICATE. SEE SHEET J OF 6 FOR ABBREVIATIONS. ISA W INDIAN RIVER COUNTY, FLORIDA CONSENT AGENDA MEMORANDUM L 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: Indian River County Intergenerational Recreation Center(IG Bldg) at South County Regional Park—Change Order No. 05 DATE: March 7, 2016 DESCRIPTION AND CONDITIONS On December 9,2014 the Board of County Commissioners approved awarding Bid No.2014052 to KAST Construction Company, LLC., for the IG Bldg project in the amount of $10,676,278.03. A notice to proceed was issued on March 2,2015 and KAST provided the County with an initial project schedule that designated April 16, 2015 as the date when construction of the building would commence. KAST notified the County on April 16, 2015 that the project schedule would be impacted if the building permit was not issued. Coordination between the Building Department and Borrelli & Partners, the design consultant for the County, was on-going with regards to the structural design of the building. After numerous phone conversations and meetings, the structural design was completed and the building permit(conformed documents)was issued to KAST on May 27, 2015. It was not until June 30, 2015 that KAST was physically able to start construction on the building.KAST provided the County with a delay claim letter on June 30, 2015 outlining the total delay time and delay costs of the project between April 16, 2015 and June 30, 2015. County Staff has been discussing the delay time and costs with KAST for several months,while Kast has continued construction on the IG Building, which is now 60% completed. On February 24, 2016, the County presented KAST with a letter that defined our position on the delay claim, and proposed an additional 68 contract days and funding for the field office at the Contract rate of$1,276.38 per day,for a total of$86,793.84.On February 26,2016 KAST responded via email asking for 76 contract days to be added to the contract,but however accepting the County's offer of 68 days funding as a final settlement for the delay claim. FUNDING Funding for Change Order No.05 is available in Optional Sales Tax Account No.31521072-066510-03028 in the amount of$86,793.84. RECOMMENDATION Staff recommends approving Change Order No.05 authorizing an additional 76-days of Contract time and additional funding in the amount of $86,793.84. The new total contract price will be $11,108,283.37. F•\Public Works\ENGINEERING DIVISION PROJECTS\]135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order #5\1135-IG Building-Agenda Item CO 905 030216.doc 137 Page 2 IG Bldg—Change Order No.05 Richard B.Szpyrka, P.E.,Assistant Public Works Director March 22, 2016-Consent Agenda Item ATTACHMENTS IRC Letter to KAST Dated February 24, 2016 KAST email to County Dated February 26, 2016 KAST Letter to County Dated June 30, 2015 DISTRIBUTION Kast Construction Company, LLC Borrelli & Partners, Inc. Indian River County rove Date Administration �T I APPROVED AGENDA ITEM Budget FOR March 22 /2016 Leal /Y � Public works 3— BY �'X� Engineering F•\Public Works\ENGINEERING DIVISION PROJECTS\I 135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order 138 #5\1135-IG Building-Agenda Item CO 905 0302I6.doc SECTION 00942 - Change Order Form No. 05 DATE OF ISSUANCE: 3/22/2016 EFFECTIVE DATE: 3/22/2016 OWNER: Indian River County CONTRACTOR KAST Construction Company LLC. Project: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNTY PARK OWNER's Project No. 1135 OWNER'S Bid No. 2014052 You are directed to make the following changes in the Contract Documents: Description: Add 76 days of contract time and $86,793.84 to the Contract Reason for Change Order: Due to design issues during the building permit process, the building permit was not issued by April 16, 2016, thereby delaying the start of building construction. This Change Order shall resolve and fully satisfy all pending Delay Claims outlined in the KAST letter dated June 30, 2015 as agreed in the KAST Acceptance email of February 26 2016 Attachments: (List documents supporting change) IRC Letter for Delay Claim Time Extension KAST Acceptance Email of Delay Claim Time Extension Offer KAST Letter to County Dated June 30, 2015 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $10,676,278.03 Original Contract Time: (days) Substantial Completion: 330 Final Completion: 360 Net Increase from previous $345.211.50 Net change from previous Change Change Order Nos. 1, 2, 3, and 4: Orders Nos. 1, 2, 3, and 4. (days) Substantial Completion: 15 Final Completion: 15 Contract Price prior to this Change $11.021.489.53 Contract Time prior to this Change Order: Order: (days or dates) Substantial Completion: 345 Final Completion: 375 Net increase of this Change Order: $86.793.84 Net change for this Change Order- (days or dates) Substantial Completion: 76 Final Completion. 76 Contract Price with all approved $11.108,283.37 Contract Time with all approved Change Orders: Change Orders. (days or dates) Substantial Completion: 421 (May 5. 2016) Final Completion 451 June 4 2016 ACCEPT ,_,,__ RECOMMENDED: APPROVED: By: By: By: CONT R (Signature) ENGINES (Signature) OWNER (Signature) Date: 3 19 Date: _3181/6 Date: 1135-IG Building Change Order#5 030215 00942-1 F:tPublic WorksIENGINEERING DIVISION PROJECTS\1135S County Park Intergeneratiional Rec FacilitylAdmimlagenda items\Change Order#511135-IG Building Change 139 Order#5 030215.doc Rev.05701 BOARD OF COUNTY COMMISSIONERS 4���co G February 24, 2016 �LORIOp' . Mr. Roger Whitman Chief Financial Officer KAST Construction Company, LLC 701 Northpoint Parkway, Suite 400 West Palm Beach, Fl 33407 Re: Indian River County Intergenerational Recreation Facility 1590 9`h Street SW, Vero Beach, FI. Delay Claim Time Extension Dear Mr. Whitman: In response to your email of January 25, 2016, the Indian River County Public Works Department forwarded to me your request for 68 days of delay time from April 16, 2016 to June 23, 2016, the day Change Order #I was approved by the Indian River County Board of County Commissioners, thereby authorizing the additional footer and wall work to be performed. Borrelli & Partners, Inc. also reviewed your January 25, 2016 email, and they have reservations about the additional days beyond May 27, 2016, the date of issuance of the conformed drawings for the project. Borrelli is of the opinion that the additional time is excessive since the foundation modifications were previously known, understood, and communicated in advance to KAST on May 7, 2015, 20-days prior to the issuance of the Conformed Documents. In a letter from Robert Binford dated June 30, 2015, Mr. Binford requested 76 days of delay time from April 16, 2016 to June 30, 2016 and a total delay cost of$278,333.33. This total delay cost is not acceptable to the County. Specifically, a daily cost of $2,285.86 for each day of delay included the daily cost of the field office of $1,276.38 from the itemized bid schedule of the Contract Documents and an additional $1,009.48 for daily cost associated with the project, which we find unacceptable. In order to bring this issue to a close, we are willing to present to the Board of County Commissioners for consideration a Change Order to add 68 days to the contract, to include a request for funding of 68 additional days for the field office at $1,276.38 per day, for a total additional cost of $86,793.84. As a condition of us presenting the above Change Order to the Board, we would expect KAST to retract the additional delay charges outlined in the June 30, 2015 letter for the 68-day period, as work continued on the project and KAST was required to have supervision on site. 140 Please contact Richard B. Szpyrka at 772-226-1221 or me if you have any questions or need additional information. Sincerely, Josep A. Baird County Administrator cc: Chris Mora, P.E., Public Works Director(via email) Dylan Reingold, County Attorney (via email) Bill Debraal, Deputy County Attorney (via email) Richard B. Szpyrka, P.E., Assistant Public Works Director (via email) Jorge Borrelli, ASLA, Borrelli & Partners, Inc. (via email) Dan Trbovich, RA, Borrelli & Partners, Inc. (via email) OFFICE OF THE COUNTY ADMINISTRA TOR INDIAN RIVER COUNTY 180127 1h Street,Vero Beach, FI 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 141 Rich Szpyrka From: Roger Whitman <rwhitman@kastbuild.com> Sent: Friday, February 26, 2016 1:19 PM To: Rich Szpyrka Cc: Joe Baird;Jason Brown; Dylan Reingold, Bill Debraal; Chris Mora; Dan Trbovich;Jorge Borrelli; Robert Binford Subject: RE:IRC Intergenerational Rec Center- Commencement Delay Rich, Thank you for the letter and the effort to get the Delay Claim Time extension resolved. Kast is prepared to accept the settlement dollars of$86,793.84 with the condition that the time extension granted for the delay is 76 days.Thank you and we look forward to having this resolved. Roger Whitman, Chief Financial Officer Phone 561-689-2910 ext. 117 Fax 561-689-1193 Cell 561-236-2363 Direct 561-402-8763 Email rwhitman(akastbuild.com A 1110 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 www.kastbuild.com UU-M Keep up with KAST—like our pages This email may contain information that is proprietary,legally privileged and/or confidential. If the reader of this email is not the intended recipient(s)or the employee or agent responsible for delivering the message to the intended recipient(s),you are hereby notified:(i)that any dissemination,distribution or copying of this email is strictly prohibited and may be unlawful;and(ii)to contact the sender immediately by reply email and delete this email and any attachments without retaining any copies. AConsider the environment Please do not print this e-mall unless you EgPI1Aneed to! From: Rich Szpyrka [mailto:rszpyrka@ircgov.comj Sent:Thursday, February 25, 2016 10:44 AM To: Roger Whitman<rwhitman@kastbuild.com> Cc:Joe Baird<jbaird@ircgov.com>;Jason Brown<jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Bill Debraal<BDebraal@ircgov.com>; Chris Mora<cmora@ircgov.com>; Dan Trbovich<dtrbovich@borrelliarchitects.com>; Jorge Borrelli<jaborrelli@borrelliarchitects.com>; Robert Binford <rbinford@kastbuild.com> Subject: RE: IRC Intergenerational Rec Center-Commencement Delay Roger, Please see the attached response letter with regards to your email below. 1 142 Regards, Richard B. Szpyrka, P E. Assistant Public Works Director Indian River County 180127 1h Street Vero Beach, FI 32960 (772) 226-1221 Email: rszpyrka@ircgov.com From: Roger Whitman [mailto:rwhitman@kastbuild.com] Sent: Monday,January 25, 2016 4:10 PM To: Rich Szpyrka<rszpyrka@ircgov.com> Cc:Joe Baird<ibaird@irceov.com>;Jason Brown<0brown@ircgov.com>; Dylan Reingold <dreingold@irceov.com>; Bill Debraal<BDebraal@ircgov.com>; Chris Mora<cmora@ircgov.com>; Dan Trbovich <dtrbovich@borrelliarchitects.com>; Jorge Borrelli <jaborrelli@borrelliarchitects.com>; Robert Binford<rbinford@kastbuild.com> Subject: RE: IRC Intergenerational Rec Center-Commencement Delay Rich, Thank you for addressing this issue and I appreciate the effort to move towards resolution. In all fairness I think the County is overlooking some very important information. We agree the permit and drawings were issued on May 271h however the initial work that needed to proceed ( Footings etc )was all redesigned, needed to be reviewed by us and priced by the Subs.The Change Order to do this work was "subsequently signed and we were able to than proceed with the work The extension of time needs to be through the date we were authorized to proceed with the changed work Please take this information into consideration, I would like to have a meeting with the decision makers on this issue to bring if to resolution if that is what will get this done. Roger Whitman, Chief Financial Officer Phone 561-689-2910 ext. 117 Fax 1561-689-1193 Cell 561-236-2363 Direct 561-402-8763 Email rwhitman(cDkastbuild.com mm� 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 www.kastbuild.com no-M Keep up with KAST—like our pages This email may contain information that is proprietary, legally privileged and/or confidential. If the reader of this email is not the intended recipient(s)or the employee or agent responsible for delivering the message to the intended recipient(s),you are hereby notified:(i)that any dissemination,distribution or copying of this email is strictly prohibited and may be unlawful;and(ii)to contact the sender immediately by reply email and delete this email and any attachments without retaining any copies. 2 143 FL7.I KAST Construction Company, LLC 701 Northpoint Parkway,Suite 400 West Palm Beach, FL 33407 June 30, 2015 Dan Trbovich, Project Architect via e-mail: dtrbovich@borreIlia rchitects corn Borrelli+Partners 720 Vassar Street Orlando, FL 32804 Christopher Kafer, P.E. County Engineer,via e-mail: via e-mail: ckafer@ircgov com Indian River County Engineering Division 1801 27'h Street Vero Beach, FL 32960 Richard B.Szpyrka, P.E. via e-mail: rszpyrka@ircgov.com Indian River County Engineering Division 180127 1h Street Vero Beach, FL 32960 Re: Indian River County Intergenerational Recreation Facility 1590 91h Street SW, Vero Beach, FL Subj.: Delayed Construction/Extended Conditions Costs/Conformed Drawings Added Work Dan/Chris/Rich, In accordance with the contract documents, articles GC 12.03, SC 11.01. Al and 10.05, (Claims) we have monitored and tracked the costs KAST has incurred as a direct result of the extended time related to the delayed issuance of conformed drawings and a building permit. The Conformed documents were received by KAST on 05/22/2015 at 1:30 PM. The Permitted Set was received by us on Wednesday the 27th of May 2015. KAST immediately issued the Conformed, (revised) drawings to the affected subcontractors and vendors for pricing. Most subcontractor and vendor price increases were received by 06/12/2015 but some price increases were dependent on RFI's and could not be collected until 6/29/2015 The project delay commenced on April 16th, 2015 and has continued up to and including June 30, 2015. 76 days have elapsed since the delay began on 04/16/2015. The following represents the extended general conditions, (up to and including the 30th of June 2015) and the added costs for the additional work of the conformed drawings. The work of the conformed drawings has also added 15 days to the concrete tilt wall durations.Those 15 work days impacted the project schedule by 14 calendar days, (2 weeks). a. 1 144 1 Costs: 1) KAST Construction Co 76 days delayed,Extended General Conditions @ $2,285.86 per day $173,725.36 2) KAST Construction Co Extended Project Time, (2 weeks) @ $2,285.86 per day $ 32,002.04 This is for the additional project build time,additional general conditions required by change order number 1, (Concrete additional 14 days)** 3) KAST Construction Co Extended Builders Risk Ins. @ $10,000.00 $ 10,000.00 4) Landscape Changes @-$ 741.50 <$ 741.50> 5) S&S Welding @ $43,893.90 $ 43,893.90 6) Bleachers escalation @ $ 1,605.00 $ 1,605.00 7) Folding Partition Escalation @ $ 1,500.00 $ 1,500.00 8) Bath Accessories Escalation @ $ 1,200.00 $ 1,200.00 9) Complete Electric @ $ 4,547.81 $ 4,547.81 10) Florida Mechanical @ $ 2,235.03 $ 2,235.03 Subtotal $269,967.64 GL Insurance @ 0.90% $ 2,429.71 Bond @ 1.00% $ 2,723 97 KAST 5%lines 3 thru 10,($64,240.24) 3,212.01 Total $278,333.33 Please accept this as our RCO#7. Sincerely, KAST CONSTRUCTION CO., LLC COMPANY LLC Robert Binford, Project Manager CC: Mike Neil,President KAST Construction Roger Whitman,Vice President,CFO KAST Construction Eric Plotke,Vice President,Field Operations KAST Construction File:Owners Correspondence/Delay Encl.: KAST RCO 07 S&S Welding with Canam Quote Florida Mechanical Quote Complete Electric Quote E-mail from Bleacher Company Escalation Folding Partition and Accessories Quote Escalation Landscape worksheet Extended General Condition's worksheet ** Project actual build time was 360 days by contract and was extended to 374 days as a result of the additional concrete and larger walls in change order number 1. This is KAST extended GC costs for that extension. a 2 145 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County y Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E.,Assistant Public Works Director SUBJECT: Amendment No. 3 to Indian River County Public Shooting Range Improvements to Skeet&Trap Facility Professional Civil Engineering and Architectural Services Consultant Agreement RFQ No. 2013017 DATE: March 8, 2016 DESCRIPTION AND CONDITIONS On March 18,2014,the Board of County Commissioners approved Amendment No. 1 to the Professional Civil Engineering and Architectural Services Consultant Agreement with Donadio & Associates, Architects, P.A. for the expansion of the Indian River County Public Shooting Range. Amendment No.1, in the amount of$26,805.00, provided for removal of the proposed 300-yard rifle range and Skeet and Trap Facility from the project to minimize impacts to the wetlands and existing shooting range features, and provided for construction plans and documents for two separate phases of construction,for a total contract price of$131,520.00.Amendment No.2 to the original agreement with Donadio&Associates, Architects, P.A. was to provide for permit modifications due to the revised scope of project following Amendment No. 1. Amendment No.2 was for a lump sum amount of$5,750.00 for a total contract price of$137,270.00. Amendment No.3 is for Architectural and Engineering Services to design and permit a 2,400 sf classroom building, 1,100 sf covered porch area,and utilities to service the building.Design of this project is part of the Florida Fish and Wildlife Conservation Commission (FWC) agreement approved by the Board on January 19, 2016, whereby FWC is contributing a maximum amount of$144,000.00 to the project. FUNDING A total of$400,000, ($144,000 grant plus$256,000 in matching funds) is budgeted in Optional Sales Tax/Parks/Hunter Education Classroom-Acct#31521072-066510-16017 for Amendment#3. Amendments 1 & 2 are part of the Skeet and Trap Facility in which $1,366,000 has been budgeted in Optional Sales Tax/Parks/Sporting Clays Course—Acct#31521072-066510-12001. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 3 with Donadio & Associates, Architects, P.A. for an amount not to exceed $45,912.50 and authorize the Chairman to execute the agreement. F-\Public Works\ENGINEERING DIVISION PROJECTS\1213C IRC Shooting Range Hunter Eduction Classroom\Admin\agenda items\BCC Agenda Amendment No.3 030816.doc 146 PAGE 2 Amendment No. 3 to Indian River County Public Shooting Range Richard B.Szpyrka, P.E.,Assistant Public Works Director For March 22, 2016 BCC Meeting ATTACHMENTS 1. Amendment No. 3 2. Proposal from Donadio &Associates, Architects, P.A. dated February 25, 2016 DISTRIBUTION Donadio &Associates, Architects, P.A. Indian River County roe Date-9 Administration 3 ` lto or APPROVED AGENDA ITEM 3 l Budget IN 1 it FOR March 22 2016 tai —( //�/�/� Recreation 3—16 BY ' "'�" +� Public Works S-16 ' 14 ((( Engineering 3 !/ F-\Public Works\ENGINEERING DIVISION PROJECTS\1213C IRC Shooting Range Hunter Eduction Classroom\Admin\agenda items\BCC Agenda Amendment No.3 030816.doc 147 y I Board of County Commissioners 180127th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX.• (772)-778-9391 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET&TRAP FACILITY IRC Project No. 1213B AMENDMENT NO.3 CONSULTANT AGREEMENT FOR --- - - - -------PROFESSIONAL-CIVIL-ENGINEERING AND-ARCHITECT-URAL-SERVICES ------- WITH DONADIO and ASSOCIATES, ARCHITECTS, P.A. This is an amendment to the existing CONSULTANT AGREEMENT between DONADIO and ASSOCIATES, ARCHITECTS,- P.A. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY) for Professional Civil Engineering and Architectural Services. All provisions of the CONSULTANT AGREEMENT shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES," "COMPENSATION" and "DURATION OF AGREEMENT" of CONSULTANT AGREEMENT as follows: SCOPE OF SERVICES Additional Professional Architectural and Engineering Services necessary for the Design, Bidding, Permitting and Administration of the IRC Shooting Range Fish and Wildlife Classroom Building, which consists of a 2,400 sf Classroom Building with a 1,100 sf Covered Porch Area. Services include Architectural, Structural, Civil, Landscape, Cost Consultant, and Mechanical and Electrical Engineering. Under this change in scope, it is understood that the proposed classroom Building's parking, drainage, landscape and land clearing associated with the proposed Classroom Building was approved under SP-MI-14-02-05/98090044-71763 and the drainage requirements were approved under the previously obtained IRC and SJRWMD permits and that no further drainage permitting will be required for this Project. It is also understood, under this change in scope, that this Project will require design and permitting services for the proposed Classroom Building's septic and drain field system, as well as its potable well and water line. SECTION VI -COMPENSATION The section of CONSULTANT AGREEMENT entitled COMPENSATION shall be revised to include the additional fees not to exceed $45,912.50 as detailed in the February 25, 2016 Proposal from Donadio &Associates,Architects, P.A. 148 Page 2 Amendment No. 3 to Consultant Agreement(Donadio &Associates,Architects,P.A.) For March 22,2016 BCC Meeting SECTION XVI—DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of three (3) years after the date of execution thereof or until completion of the Project as specified by the COUNTY's Project Manager,whichever occurs first, or unless terminated pursuant to Section XII of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FAPubGc Wnd21ENGOdEERING DIVISION PROJECM1213C URC Shooting Rouge Hunter Eduction Clus mUdmiMngenda ite \Amendment No 3 030916.doe 149 Page 3 Amendment No.3 to Consultant Agreement(DonAdio &Associates,Architects,P.A.) For Match 22,2016 BCC Meeting IN WITNESS HEREOF the parties hereto have executed these presents this day of . 2016. BOARD OF COUNTY COMMISSIONERS DONAWAND ASS ASSOCIATES, -------INDIAN-RIVER-COUNTY,-FLORIDA-- ----ARC TE Bob Solari, Chairman �toiRyo�nadlo,AIA, NCARB, President ---------- Approved by BCC Witnessed by: ATTEST: Jeffrey R.Smith,Clerk of Court and Comptroller Deputy Clerk (Printed name) Approved as to Form and Legal 4, Dylan Reingpid, County Attorney (Signature) "6V AL seph It. Baird,County Kilministrator F.1i4bii.wewENGMEMNrJ DIVISION PROJECrS\1213C IRC Shooting Range Hunter Eduction Ck&woaqMdniin\&senda itetnAAmcndn=u No 3 030916.doe 150 D ONADI O &Associates,Architects,P.A. February 25,2016 Richard B.Szpyrka,P.E. ' Assistant Public Works Director Indian River County 180127"Street Vero Beach,Florida 32960-03 10 RE: INDIAN RIVER COUNTY SKEET AND TRAP PUBLIC SHOOTING RANGE IMPROVEMENTS CONTRACT AMENDMENT/ADDITONAL SERVICES NO 3 ARCHITECT'S PROJECT NO 2015.67.1.2 Dear Mr. Szpyrka, - --—" " We t►ere-by saffitt the following SKEET AND TRAY PUBLIC-SIIOOTING RANGE I1V[PROVEMENTS additional services fees for Professional Architectural and Engineering Services for the IRC Shooting Range Fish and Wildlife Classroom Building change in scope of work,which will modify our Owner and Architect Agreement dated July 09,2013. The scope of work for the Additional Services and the Additional Service Fees are as follows: Change In Scope Of Worlc Additional Professional Architectural and Engineering Services necessary for the Design,Bidding,Permitting and Administration of the IRC Shooting Range Fish and Wildlife Classroom Building,which consists of a 2400 sf Classroom Building with a I I00sf Covered Porch Area:Services include Architectural,Structural,Civil,Landscape, Cost Consultant and Mechanical and Electrical Engineering.Under this change in scope,it is understood that the proposed Classroom Building's parking,drainage,landscape and land clearing associated with the proposed Classroom Building was approved under SP-MI-14-02-05/98090044-71763 and the drainage requirements were approved under the previously obtained IRC and S]RWMD permits and that no further drainage permitting will be required for this Project. It is also understood,under this change in scope,that this Project will require design and permitting services for the proposed Classroom Building's septic and drainfield system,as well as its potable well and water line: Additional Services Fees Architectural and Engineering Fees for the Design,Bidding,Permitting and Administration of the IRC Shooting Range Fish and Wildlife Classroom Building are$45,91250.See attached hourly breakdown Summary Sheet. These additional services fees will increase our previously revised original contract amount to$182,782.00 including the reimbursable expense allowance. Should you ha y questions,please do not hesitate to contact our Office. j i Since .ti i CARB Pr.-ideint Cc: File 609 17`h Street Vero Beach;Florida 32460 Phone 772 794 2929 Fax 772 562 8600 ���yYYY Email daa@donadio-arch.com donadio-arch.com License No.AA0002238 N. Email > �wm i 151 MAN-HOUR ESTIMATE FOR PROPOSED PROFESSIONAL SERVICES Project Name: IRC Fish&'Midlife Classroom Bldg DAA Project No.: 2015.67.1.2 Date: 2/25/2016 Revised 022916 PRINCIPAL SR. PROJECT ENGINEER CAD TECH.] ENG./CAD ENG.TECH ADMIN. MANAGER TECH. ASSISTANT TAS DESCRIPITION $175.00 $150.00 $125.00 $70.001 $70.00 $60.00 $SS.001 TOTAL I.DESIGN DEVELOPMENT Architecture 14.00 8.00 24.00 10.00 $5,880.00 Structure $0.00 MEP $0.00 Cost Estimate 10.00 $1,250.00 Civil Design 10.00 20.00 21.00 $4,410AD Sub-total Task I DO 24.00 &00 10.00 24.00 20.00 21.00 10.00 $11,540.00 H.CONSTRUCTION DOCUMENTS Archltecture 15.00 16.00 40.00 15.00 $8,650.00 tructure----------------------- ----------------8:00--------- ------ -------- ---24:00---- 2.00 ----'----$990.00 MEP 7.00 13.00 $1785.00 Cost Estimate 6.00 $750.W Civil Final Design LSO 8.00 $g2LSO Permitting 5.00 5.00 10.00 12.00 4.00 $3,135.00 Sub-total Task II CD 16.50 29.00 18.00 63.00 44.00 0.00 21.00 $18,132.50 III.BIDDING Architecture 5.00 1 2.00 1 2.00 $1,125.00 Structure 2.00 2.00 2.00 $550.00 MEP 2.00 $250,00 Civil 2.00 3.00 5.00 $835.00 Sub-total Task III Bidding 7.00 2.00 2.00 2.00 5.00 0.00 9.00 $2,760.00 IV.CONSTRUCTION ADMINISTRATION Architecture 15.00 14.50 4.00 $3,860.00 Structure 4.00 15.00 2.00 $1,760.00 MEP 5.D0 4.00 $905.00 Civil Construction Services 2.00 2.00 10.00 8.00 $1,790.00 O vil Certification 4.00 3.00 $665.00 Sub-total Task IV CA 17.00 6.00 9.00 28.50 15.00 0.00 17.00 $8,980.00 TOTAL BASE FEES 64.50 45.00 39.00 117.50 84.00 21.00 57.00 $41,412.50 Relmbursable Expense $4,500.00 $4,500.00 TOTAL FEES FOR ALL SERVICES $45,912.50 152 Office Of Con.rtilydionalOfzcers 03/22/2016 +� P INDIAN RIVER COUNTY ATTORNEY Dylan Reingol4 County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Jeffrey R. Smith, Clerk of Court and Comptroll r FROM: William K. DeBraal, Deputy County Attorney DATE: March 16, 2016 SUBJECT: Agreement to Collect Tourist Development Tax with Airbnb Airbnb, Inc. (Airbnb)is a San Francisco based company that specializes in short term vacation rental properties throughout the world. Preliminary research conducted by staff suggests that there are approximately 70 units in Indian River County advertised on Airbnb. Owners (Airbnb uses the term "Hosts") can list their property and rent out the entire living space or just one room. Guests remit payment to Airbnb after making a reservation and Airbnb holds the money until the Guest arrives at the rental and is satisfied with its condition. Airbnb claims they do not take payment for the rental, rather they act as a medium like PayPal and simply hold the funds until the Guest is satisfied that the accommodations are as advertised. A small fee—usually around 3% - is retained by Airbnb. Staff reached out to Airbnb during the Short Term Vacation Rental Advisory Committee process as it was discovered that Pinellas County entered into an agreement with Airbnb where collection of the Tourist Tax would be collected by Airbnb and remitted to the County. Most recently, Airbnb retained the services of Price Waterhouse to negotiate Tourist Tax collection agreements with interested Counties and municipalities. Staff has negotiated the attached agreement with Airbnb and presents it to the Board for consideration and approval. Under the terms of the Agreement, all Indian River County listings appearing on the Airbnb website would charge the 7% Sales Tax and 4% Tourist Tax. When the Guest makes a reservation on the Airbnb website the Sales Tax and Tourist Tax will automatically appear on the bill as additional charges. Neither Hosts nor Guests will have an option to avoid them. Airbnb will notify all Hosts with a copy of a notice of the collection of the Sales Tax and Tourist Tax similar to the one attached to this memorandum. Just like checking into a hotel in Florida, everyone booking with Airbnb in Indian River County will be charged the Sales Tax and Tourist Tax. The Sales Tax will be remitted to the State and the Tourist Tax will be remitted to the County Cleric. Airbnb will not charge for this service. .% pptoved Uaie h Aamin. 3 tT l� APPROVED FOR------- Legal B.C.C, VIEETilq- S ; Dept ,(;OUNTY ATTORNEY Risk migr. — 153 Airbnb memo to the BCC March 16, 2016 Page 12 In exchange for collection of the taxes, the Agreement contains a "Waiver of Look Back" clause that would prohibit the Clerk from pursuing back taxes from Hosts or Guests who made previous bookings on the Airbnb platform. Staff is agreeable to the waiver as it is unclear how much back tax could be collected as Airbnb has been registered to do business in Florida for two years. Collection of,back taxes would involve subpoenas and audits where costs could outweigh benefits since a $1,000 stay would result in a tax of$40.00. Funding. There is no funding associated with this matter. Recommendation. Staff recommends the Board of County Commissioners approve the attached Voluntary Collection Agreement for Indian River County Tourist Tax Collection and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Copy of Notice Agreement Copies to: Jeffrey R. Smith, Clerk of the Court Ed Halsey, Auditor Airbnb c/o Price Waterhouse 154 VOLUNTARY COLLECTION AGREEMENT FOR INDIAN RIVER COUNTY TOURIST DEVELOPMENT TAX THIS VOLUNTARY COLLECTION AGREEMENT (the "Agreement") is dated , 2016 and is between AIRBNB, INC., a Delaware corporation ("Airbnb") and TND-IAN RIVER COUN:T:Y (the ."County") a polit''ical ubdi�its`ion�of e State ofFlorda, and the INDIAN RIVER COUNTY CLERK OF CIRCUIT.,','COURT AND CO1kI'PTRb'LLER (the "Touris,t'Tax Collector"). Each party ma3%'be'referred to individually as a "Party" and collectively as the "Parties." RECITALS: _ WHEREAS, Airbnb represents that it provides. Intern t�-based platform ough which a third party desiring to offer an accommodation (a�"1 sY and 't. ddesir n^ to book an party g accommodation (a "Guest") have the opportunity to g Comm�'cate, negotiate and consummate a _ booking transaction for accommodations (,,"Booking Transactlori, apursuant to a direct agreement between Host and Guest to whic 'S.tinbis not a art '` " p e "Platform ), y WHEREAS, Airbnb represents that aft yagre snt=regard#ng a Booking Transaction through use of the Platform is_between the Ho to. Yd Guest nIy,that Airbnb is nota party to such agreements, that a Host exclusively determines the price to be charged, the dates to book such accommodations�the:�arties th whom to transact and all other material terms of such agreements, that only the H%irbN"'-dbes " d ot=�Aitbnb ias the right and ability to accept and book an accommodation, t Anot own any real property and does not have any ti' V may`\ possesry interest in an -'real propZee, or,accommodations offered by Hosts (including, but not limited ,rias an owner, les ee; subl mortgagee in possession, licensee, agent or in any other capaci ;,and therefocannot and does not transfer any possessory interest in any property or accommodations to any person; WHEREASYAirbnb represents that it is not an owner, proprietor, managing agent, dealer, vendor or otherwise operator of any hotel, motel, room, or accommodation of any kind within the meaning of applicable law in Indian River County (the "County"). Airbnb represents it does not receive, collect or charge rent, or other taxable consideration relating to occupancy, within the meaning of applicable County laws. 1 CONFIDENTIAL 155 WHEREAS, the legal rights, remedies and obligations of Airbnb, Hosts and Guests using the Platform are specified in a document titled "Terms of Service" (the "TOS'') and other policies and procedures available at xv%Aj.airbnb.com, including, but not limited to, certain TOS provisions to which Hosts and Guests have agreed that when or if Airbnb determines to assist with collection and remittance of occupancy taxes in a given jurisdiction, users grant Airbnb authority to register, report, collect and remit the applicable occupancy tax-s pursuant to this Agreement and the TOS; WHEREAS, the T©wrist Tax Collector, the County and Airbrib�enter into this Agreement voluntarily in order to facilitate the reporting, collection and remittance ' oplicabl�e occupancy pancy taxes from Hosts and Guests resultingfrom BookingTransactoscom leted'bY,Hosts and Guests on the Platform for occupancy of accommodations locateLin the County, itaccordance 0 with this Agreement. NOW THEREFORE, IN CONSIDERATION F THE MUT I,�COVENANTS, PROMISES AND AGREEMENTS CONTAINED HERE ;THEE PARTIES 'AGREE AS FOLLOWS: (A) With respect to Booking Transact'oe wee'"zHosts�and Guests completed on the Platform for accommodations P r fowhich Indian' ver CountYT rist Development Tax .,r p ("TDT"), imposed undereapp `leCounty lawe applicable "Code"), and during the period ree g � ( in which this A � :effecti .e as defined bei and soleiYpursuant to the terms and ), conditions of this Agreeme _ 'ragzeeS`,c_ontractually to assume the duties of a TDT dealer as describe=th" ea(herein" er referred to as "Dealer"). ( ) Airbnb neith�ragrees to undertake, nor undertakes any obligation to assume the duties o ,Dealer and does``ot agree to undertake any obligation contractually or otherwise to collect or renut=TDT relatin'�to any user's transaction completed, made or facilitated through any means, or mod o her platform, other than the Host or Guest's use of the Platform. Any ^4 Xr obligation assumedly Airbnb pursuant to this Agreement (during any period in which it is effective) shall be limited to users completing Booking Transactions directly between the Guest and Host through their use of the Platform. PROSPECTIVE COLLECTION OF TDT (C) Starting on (the "Effective Date"), Airbnb agrees to commence collecting and remitting TDT, pursuant to the terms of this Agreement, at the applicable rate, on 2 CONFIDENTIAL 156 completed Booking Transactions for occupancy of accommodations located in the County between a Guest and Host who use the Platform. For the avoidance of doubt, this Agreement to collect shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement or to any user's transaction completed, through any means, method or platform, other than the Platform. REMITTANCE OF TDT (D) Airbnb agrees to reasonably report aggregate information onothe tax return form prescribed by the Tourist Tax Collector, including all TDT that is suc to the provisions of this Agreement, and it shall remit all TDT collected from Guests in accordance'-,"th this Agreement and the TOS and evidenced on such returns in the time and er described in sie Code or as agreed between the Parties in writing. For the avoidance of douli except as may expressly be agreed to herein, Airbnb does not agree to produce pers -�_lye ddentt liable informa ion on users of the Platformursuant to tax collection that is the subject o -t is Agreement. P � g ent. AIRBI. YITABILITY -,. n 4f r (E) On a prospective basis upon the Ee c t i v e :ate:of;thisr greement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, Airbnb agrees contractual-iyyo a s me liability f�O any failure to report, collect and/or remit the correct amount of TDT eluding, but not limited�enalties and interest, lawfully and properly imposed in coQi tl�` IVo in contained herein nor an action taken P p � a g Y pursuant to this a t, incl ding but not limited to the collection or remittance of TDT, shall i air, restrict or event Airb b�from asserting that any TDT and/or penalties, interest, fines WIfier amounts assessed against it were not due, are the subject of a claim for refund under applic ti1e law or enf f icing any and all rights accorded to it pursuant to law. (F) Durin�y period in which this Agreement is in effect, and Airbnb is not in breach of its obligations un em ss Agreement, then with respect to Booking Transactions covered by this Agreement, the Touri`�t Tax Collector agrees to audit Airbnb on the basis of TDT returns and supporting documentation filed by Airbnb with the Tourist Tax Collector and shall not directly or indirectly audit any individual Guest or Host relating to such Booking Transactions unless and until an audit of Airbnb by the Tourist Tax Collector has been exhausted with the matter unresolved. 3 CONFIDENTIAL 157 (G) With respect to any audit of completed Booking Transactions that are subject to this Agreement during any period in which it is effective, the Tourist Tax Collector agrees to audit Airbnb on an anonymous numbered account basis. The Parties agree that Airbnb shall not be required to produce any personally identifiable information relating to any Host or Guest and/or relating to any Booking Transaction in connection with an audit or otherwise without binding legal process served only after completion of such audit by the Tax Department of Airbnb with respect to such Host or Guest. The Tourist Tax Collector agrees that forA purposes, it will limit its audit of Airbnb and/or any assessment against Airbnb for _'deed-under collection of TDT to no more than a consecutive' ` � ' twelve (12) month tax penod�yv�thm an,�c X. secutwe forty- eight (48) month period. ®® ••Y, (H) The'Tourist Tax Collector agrees that pur t to this.Agreement and 'up ng the period in which it is effective, Airbnb agrees to register 'a0ead'er for the reporting,, collection and remittance of TDT, in connection with its obligationsss,. d under the Code and as set forth in this Agreement. Registration with the,Tourist Tax Collectoraand the issuance of any certificate of authority will be in the name c1A rb`l ,' c..at 888 AX n Street, 4`h Floor, San AX M1 t, r Francisco, CA 94103. Airbnb, Inc. will be the regis'te2re r on behalf of an subsidiary or Y Y affiliate of Airbnb, Inc. co le DT from G est>s. G ` ' T'-AND HO T LIABILITY (I) During_anyperio 46---. this greement is effective, and solely with respect to a Hosts actin 5 o_n_"�Plfia orm, s d;Hos shall not be required to individually register with the Tou ist4TlF! Collector to collect, rem t%and report TDT, under the Code on the condition that Airbnb Ns"in, mpliance AXzlts obligations under this Agreement and the Code. Nothing in this Agreement shall relieve Gu &s or Hosts from any responsibilities with respect to TDT, including any obligation.tto g'sterf. th the Tourist Tax Collector to collect, remit and report TDT for a user's transactions �,�So:pleted through any means, method, device or platform other than the Platform, or restrict the Tourist Tax Collector from investigating or enforcing any provision of applicable law against such users for any occupancy arranged directly or through a means other than the Platform. (J)Nothing herein shall relieve any Guest or Host of liability for TDT imposed by the Code, except as noted in paragraphs (E) (F), (G), (H), (1) and (K) herein, nor limit the Tourist 4 CONFIDENTIAL 158 Tax Collector's authority to hold such Guest or Host responsible for any applicable TDT, penalties and interest for which they may be liable, including, but not limited to, civil and criminal penalties arising from inaccurate, false or misleading representations made to Airbnb or the Tourist Tax Collector by such Guest or Host, whether or not such representations were, in fact, relied upon by Airbnb or the tTo.iiri'st Tax Collector in complying with its responsibilities under this Agreement. WAIVER OF LOOK-BACK (K) The terms of this Agreement shall be prospective onlyof'ttie Effective Date and the County expressly releases, acquits, waives and forever dis. g Air 56b,.1hits current or past affiliated parent or subsidiary companies, directors, share ,Y` dersinvestors, em gees and other agents, and/or Hosts or Guests from any and all actio , causes o Faction indebted ess suits damages or claims arising out of or relating to payment- ' ar>, a� o1lection of TDT or other tax indebtedness, including but not limited to penalties, fines, interest or other payments relating to TDT on any Booking Transactions compl edwn the Platform pnor:to the Effective Date. Nothingcontained in this Paragraph or in thiy 'A went shall im4ai�prevent the Count �� _ _ p� P Y from collecting alleged indebtedness related t D or tr`6l'actions completed through any means, method, device or Rlatfdr i pother than the�'latform. `Nothing contained in this Paragraph of this Agreement will co�tiitute`.release or wailer of any claim, cause of action or indebtedness that the Co ty may 4a�e.or claim to, ave against any Host or Guest unrelated to TDT or the matterueleased be ;•�; NO,TIFICATION TO GUESTS AND HOSTS ( bnb agrees, the purposes of facilitating this Agreement, and as required by its TOS that it 1,n ti ir: , _ ro fY ( ) Joists that TDT will be m' -ad collected and remitted to the Tourist Tax Collet"togas of the Effective Date pursuant to the terms of this Agreement; and (ii) Guests and Hosts oythe amount of TDT collected and remitted on each Booking Transaction. Additionally, the Parties agree that Airbnb may, at its discretion, notify Hosts of the specific provisions of paragraphs (I), (J) and (K) of this Agreement. PROSPECTIVE TAX TREATMENT (M) Collection and remittance of TDT under this Agreement shall begin on the Effective Date. 5 CONFIDENTIAL 159 LIMITATION OF APPLICATION (N) This Agreement is solely for the purpose of facilitating the administration and collection of the TDT with respect to Booking Transactions and, except with respect to the rights and liabilities set forth herein, the execution and implementation of this Agreement by the Parties, including but not limited to, the collection and/or remittance of TDT, shall not be considered an admission or evidence of any issue of law or fact arising under the Code or any other provisions of the laws of the United States of America or of any Sq,tf,c unty or municipal entity thereof. By entering into or acting pursuant to the terms of thii's4greement, including but not limited to collecting and/or remitting TDT, Airbnb does not vgaive, and expressly preserves, any and all arguments, contentions, claims, causes of act�i•n�defenses or assertions.to, without limitation, (i) contest the validity of any construction"bf the Cod".that extends b y n he express terms of the ordinance; (ii) contest that Airbnb is��'a`h.opera for,endor, or any other entity responsible for the operation of an accommodations business-su�.bject to regulation or to the collection or remittance of TDT, or(iii) c ntest that Airbnb chargespcol'lects, receives or otherwise comes into possession of taxable eonsid'e fion or that a&rd party is occupying an accommodation subject to tax. - 4 . MODIF ATIONS O No modific 'on 'ame -dment or waive• of an provision of this Agreement shall be ( ) any g effective unless in iti , d sirb_ the art �' ainst whom the modification amendment or g;-. g = Y party g waiver is to be asserted. IM.Y A': U1tA�T, ON/TERMINATION (P�) This Agreeme "tis all app to Booking Transactions made on or after the Effective .:-._. Date an 1 remain in effect unless terminated in accordance with paragraph (Q) below. Tl i''A reemenfua be terminated b Airbnb or the Tourist Tax Collector for (Q) g Y Y convenience, pro 'ded_that proper notice is given. Proper notice for the purposes of this paragraph means atieast 30 days' written notification to the other party by certified or registered mail and, in the case where Airbnb is the party seeking to terminate the Agreement, at least 30 -days e-mail notification to each Host offering accommodations in the County through Airbnb's Platform that Airbnb will no longer be collecting and remitting TDT for Booking Transactions subject to this Agreement. Any termination under this paragraph shall not affect the duty of Airbnb to remit to the iToiri'st Tax Collector any TDT collected from Guests up through and 6 CONFIDENTIAL 160 including the effective date of termination of this Agreement, even if not remitted by Airbnb to the Tourist Tax Collector as of the date of termination: MISCELLANEOUS (R) CHOICE OF LAW. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of Florida without regard to its conflict of law principles. The Partiesiagree that any dispute arising out of or relating to this Agreement shall be heard exclusfvely in the in the courts located in the State of Florida or the United States District Court forkhe=Southern District of Florida and each Party consents to the exclusive jurisdiction of such co rttd waives any and all objections to jurisdiction or venue in such courts or anx assertion of inconv ent forum. (S) MERGER AND INTEGRATION. This Agreement c ILtafns the entire agreement of the Parties with respect to the subject matter of this Agree` f 'and supersedes all prior negotiations, agreements and understandin s with respect thereto`.- (T) COUNTERPARTS. This Agree en : , ie,executed in any number of counterparts, each of which shall be deemed an original, an all which when taken together, shall constitute one and the same instrume t�ayThe;Agreement shall become effective when a counterpart has been signed by each Party and del'Y�ered to the otfVor Party, in its original form or by electronic mail, facsimile or other KeZtronic means. The Pa17it4ee/sshereby consent to the use of electronic signatures in connection wit the executio&bfthis Agreement, and further agree that electronic signatures,etbgFiis ent ZI egally binding with the same force and effect as manually executdlsignatures. : CONFIDENTI TY. . (i) « ,;.The Touri"si Tax Collector agrees that, to the maximum extent permitted by 1'awaboth the terms of this Agreement, and all discussions and negotiations rela ed to it and all information related to Airbnb as is described in §§ 213.053 and 213.0535, Fla. Stat. (2015) shall remain strictly confidential. The Tourist Tax Collector covenants and agrees that it will assume the same duties with respect to such information as is applicable to the Florida Department of Revenue with respect to information described in §213.053, Fla. Stat (2015). The Tourist Tax Collector may disclose such information as is required to be 7 CONFIDENTIAL 161 disclosed pursuant to §§ 213.053 and 213.0535, Fla Stat (2015), but shall not make disclosures of information permitted by, but not required to be disclosed by such statutes. In the event of a mandatory disclosure of such information the tTounst Tax Collector agrees to provide advance written notice not less than ten days prior to any such disclosure to the attention of Airbnb's General Counsel via e-mail (legal a,airbnb.com). (ii) For the avoidance of doubt, any and all data providedfothe�Toufist Tax Collector by Airbnb in furtherance of meetin71aprovid" i oblfigations assumed under this Agreement, including but not limited to on tax returns and/or reports and data provided pursu eyther t'toan audit by thertourist Tax Collector, shall not be sharedwith 4 governmental ageno`y partment or division of the County of Inde Rlver:or an,other jurisdiction including but not limited to federal, state or local, e ceptfor the purposes of enforcement of a tax obligation and o y�f such inter-agen sharing is required by law. (iii) The Tourist Tax Collecto agrees=that-it will inform any and all relevant 01 employees of this obligatior,;and 1'at it wxll4 struct each to abide by the confidentiafiity:provision cont�atned in this Section (U). (V) RELATIONSHIP O THE PARTIE&',Yhe Parties are independent contractors. This Agreement does not crea emor is Aintended to creafe a partnership, franchise,joint venture, agency, fidu�ONi_� emplo n_ r�el tionli een the Parties. There are no third-party beneficiar' sis -dement. �: .. = �) WAIVER A ;aCUMTIVE REMEDIES. No failure or delay by either Party s � in exercising any right undis Agreement shall constitute a waiver of that right or any other right. Other _as expresstly stated herein, the remedies provided herein are in addition to, and not exclusive of, a .ytk�e'r remedies of a Party at law or in equity. (X) FORCEXAJEURE. Neither Party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party's reasonable control and occurring without that Party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil'unrest, acts of terror, strikes or other labor problems (other than those involving Airbnb employees), computer attacks or malicious acts, such as attacks on or through the Internet, any 8 CONFIDENTIAL 162 Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. (Y) ASSIGNMENT. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, Airbnb may assign this Agreement in its entirety without consent of the other Party in�ection with a merger, acquisition, corporate reorganization, or sale of all or subs n' i I:y all of its assets provided the assignee has agreed to be bound by all of the terms`Qf this A 'eem++e��nt and all past due fees are paid in full. Any attempt by a Party to assign*it @ht`s or obligatibnsunder this Agreement in breach of this section shall be voidand,of no effec�l Sub* ct to the fV:going, this Agreement shall bind and inure to the benefit of the P es, thei6respective successors and permitted assigns. (Z) MISCELLANEOUS. If any p vision of this Agreement's held by a court of competent jurisdiction to be contrary to law, the vision shall befied by the court and interpreted so as best to accomplish the objectiveshe or�'I� rovision to the fullest extent P permitted by law,and the remamirtg provisions`of his A rent shall remain in effect. J, g NOTI WS (AA) All notices under as�AgreerneKseall be in writing and shall be deemed to have been given up-w'-1(p rsonal U very; (ii) the third business day after first class mailing postage prepaid; or(iii) the secorid':business day after sending by overnight mail or by facsimile with telepho't c�confirmation o l�eipt. Notices shall be addressed to the attention of the following persons, pro d'e_d each Pa ay modify the authorized recipients by providing written notice to 4:f , the other Party: To Airbnb: Airbnb, Inc. Attn: Deputy General Counsel 888 Brannan Street, 4th Floor San Francisco, CA 94103 Email: legal@airbnb.com With copy to: 9 CONFIDENTIAL 163 Airbnb, Inc. Attn: Global Head of Tax Tax Department 888 Brannan Street, 4' Floor San Francisco, CA 94103 Email: tax@airbnb.com To the Clerk of Circuit Court: Indian River County Clerk of Circuit Court , Attn: Jeffery Smith P.O. Box 1028 Vero Beach, FL 32961-1028 Fax: (772) 770-5008 Email: To Indian River Count Indian River Countyey's Office 180127th Street, Vero Beach, FL 32960 - r.:.•�.Z C. 'YEA: (Signatures ollext page) iY o�VX h' 10 CONFIDENTIAL 164 IN WITNESS WHEREOF; Airbnb, the Board of County Commissioners and the Tourist Tax Collector have executed this Agreement effective on the date set forth in the introductory clause. THE CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman Date BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved: B Jor A. gird County Administrator Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney 11 165 IN WITNESS WHEREOF, Airbnb and the Tourist Tax Collector have executed this Agreement effective on the date set forth in the introductory clause. AIRBNB, INC., a Delaware corporation By: Signature of Taxpayer or Authorized Representative Beth Adair, Global Head of ta -� T Print Name and Title oaxpayer or ...r Authorized Represerr atit THE CLE �F'CIRCUIT CO` ^ T AND COMPTROLLER � -y_w OF INDIAN RSI COUNTY, FLORIDA X4.3 f _ .1. y :S ,y Z y. 3 12 CONFIDENTIAL 166 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wesley Davis,As a Private Citizen ADDRESS: P. O. Box 2432 Vero Beach, FI PHONE: 772/473-8688 SUBJECT MATTER FOR DISCUSSION: All Aboard Florida Disaster Zone IS A PRESENTATION PLANNED? X� YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION a YES NO WHAT RESOLUTION ARE YOUInformation and Study REQUESTING OF THE COMMISSION.' ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YESXa NO WHAT FUNDS OR ACTIVITIES ARE Information REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: Q-6-Z-A E-Mail Fax Joseph A. Baird Mail MEETING DATE: as I go& Hand Delivered Phone Document-' Board Approved 1117!06 167 10 �L INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Beau Holland ADDRESS: 10395 State Road 60,Vero Beach PHONE: (772)473-8261 SUBJECT MATTER FOR DISCUSSION: Outstanding Water Lien on 3348 Burlington Place SW 1S A PRESENTATION PLANNED? YES xx NO IS BACK-UP BEING PROVIDED xx YES NO IS THIS AN APPEAL OF A DECISION F-1 YES xx NO WHAT RESOLUTION ARE YOU Partial relief or concessions for penalties and or interest accrued on REQUESTING OF THE COMMISSION? previous owner's utility lien. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES xx NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR Fax Joseph A. Baird Mail Hand Delivered N1EE"r1NG DATE: A2, oid1 Phone 168 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.Q7(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 1 O r Yu-t`C ADDRESS: ki PHONE: J l�1 1 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU1_� AA ,, rV REQUESTING OF THE COMMISSION? � U ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE l� REQUIRED TO MEET THIS REQUEST? Y v b V C Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR. Fax Joseph A. Baird Mail MEETING DATE: Hand Delivered Phone DocumcnQ Board ApproNed IIM06 169 PUBLICNOTICE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, AI P, Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning 5', FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning DATE: March 14, 2016 SUBJECT: Notice of a Continued Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 22, 2016. DESCRIPTION AND CONDITIONS: Please be advised that at an advertised Public Hearing on March 1, 2016, the Board of County Commissioners (BCC) voted to continue the public hearing for the below referenced request to a date certain on April 5, 2016. April 5, 2016 MPM Seven, LP request to rezone±12.39 acres located east of Old Dixie Highway, North of 77th Street and west of US Highway 1, from CL, Limited Commercial District, to CH, Heavy Commercial District; and request to rezone±2.79 acres located approximately 1,450 feet north of 77th Street, east of Old Dixie Highway and west of US Highway 1, from RMH-6, Residential Mobile Home District (up to 6 units/acre), to CL, Limited Commercial District. (RZON- 2002090043-75772, Quasi-Judicial) RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. FACommunity Development\Users\LONG RANGE\PNI\Pni8I VZ.doc 17 0 Indian River Co. A ved Date APPROVED AGENDA ITEM: Admin. ajo 3 i� llo FO ` Q/1C.�1 a 611 Legal -�,- Budget b BY Dept. � /b Risk Mgr. 77 (-\Community Development\Users\LONG RANGE\PNMi8l V2.doc 171 COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY, FLORIDA ,04 � +�} I MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AIC Co unity Development Director DATE: March 15, 2016 SUBJECT: Consideration of Agency Report for FPL's Proposed Okeechobee Clean Energy Center (Power Plant) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of Mach 22, 2016. BACKGROUND FPL(Florida Power&Light)proposes to certify,construct,and operate a combined cycle natural gas fired generating unit (power plant) to be known as the Okeechobee Clean Energy Center (OCEC Unit 1). The power plant is to be located in northeastern Okeechobee County near the Indian River County/Okeechobee County boundary approximately 1 mile west of"20 mile bend"and a little over 1 mile south of SR60(see attachment# 1). Although the plant facility itself will be located entirely within Okeechobee County, the plant will be accessed solely through Indian River County via an existing t1.2 mile private road that connects to SR60 within Indian River County. The plant is proposed to generate 1,600 megawatts of electrical power and is being reviewed under the state's Power Plant Siting Act. That act, found in Florida Statutes Chapter 403, provides a process for review by jurisdictional agencies and affected parties, and provides for public information and input on the proposedproject. The siting act review process is coordinated by the FDEP (Florida Department of Environmental Protection), includes a hearing conducted by an Administrative Law Judge resulting in a recommended order on site certification,and concludes with consideration of a final order on site certification by the Siting Board (Governor and Cabinet members). Indian River County is an affected jurisdiction(affected agency) in the proposed power plant's site certification review process. Based on guidance from the FDEP,the County's recommended action and any recommended conditions relating to the project are limited to the County's codes and comprehensive plan. The County has been involved in the review process for several months, F\Community Development\Users\CDADMIN\AGENDA\Current Year\2016\Consideration of Agency Report for FPL's PRoposed 1 Okeechobee Clean Energy Center 032216 BCC.docx 172 including coordination with agencies. Okeechobee County; and FPL, and attendance at the June 1, 2015 public "open house" information session held at the Richardson Center. At this point in time, the County needs to file an "agency report" with FDEP to provide comments and recommended certification conditions that are within the County's scope of jurisdiction. In this case, the agency report must be filed with FDEP by April 6, 2016. A certification process schedule for the subject OCEC Unit 1 project is attached (see attachment #2). On March 1, 2016, the Board of County Commissioners reviewed an initial working draft agency report prepared by County staff, heard from FPL representatives and members of the public, and provided staff with comments. Staff from SJRWMD were also in attendance at the March 1 meeting. Since that time, staff continued coordinating with agencies (particularly the SJRWMD), Okeechobee County, and FPL, and prepared a revised agency report (proposed agency report). The Board is now to consider the proposed agency report (see attachment 48), direct staff to make any necessary changes to the report, and authorize the Community Development Director to submit the agency report to FDEP. ANALYSIS Last spring, FPL representatives contacted County staff about the proposed project and site certification process. Since that time,County staff has coordinated with FPL,FDEP,SJRWMD,the IRC Sheriffs Office,and Okeechobee County representatives. The BCC has been copied on County staff comments and determinations made during the review process. Early on, prior to FPL's September 2015 filing of the site certification application (SCA), and during the formal review process County staff identified 4 potential project impacts on Indian River County that are specifically addressed in County codes and the comprehensive plan. Those impacts included Traffic, Impact Fees, Emergency Services, and Water Supply. Staff s formal review comments and FPL's responses are attached as a reference (see attachment 93). Each of the identified impact issues is discussed below. • Traffic The project's traffic engineer coordinated with County staff and submitted a traffic study for the project. That study evaluated traffic conditions during project construction(±18-24 months,±650 workers)and plant operation and was reviewed by County Traffic Engineering. Although the study showed conditions that did not trip any FDOT turn lane thresholds, the study did show conditions that tripped the County's more stringent turn lane thresholds codified in LDR section 952.12. Specifically, the study showed a need for an eastbound right turn lane at the project access road's connection to SR60. In order to comply with County turn lane standards,FPL agreed to construct as part of the project an eastbound right turn lane at the project's SR60 entrance, in accordance with applicable FDOT and County design standards. The proposed agency report includes a recommended turn lane condition,and FPL has agreed to that condition(see attachment#8,page 2). FACommunity Development\Users\CDADMIN\AGENDA\Current Year\2016\Consideration of Agency Report ror FPL's PRoposed 2 Okeechobee Clean Energy Center 032216 BCC.docx 173 • Impact Fees The project will generate traffic impacts within Indian River County; although those impacts are not anticipated to be a major impact especially during plant operations when the facility is operated by 30 full time employees. Although the impacts will not be major, County staff believed that, like other development projects including County projects, traffic impact fees should be paid in accordance with County impact fee regulations and the adopted fee schedule. Because there is no impact fee category for a power plant. staff determined that the plant building area that houses employees (the plant's administration building) will be assessed at the "manufacturing' traffic impact fee rate. Based on project information provided by FPL, the total impact fee charge will be approximately$25,000. Staff has also agreed with FPL that the County's franchise agreement with FPL caps fee charges to FPL such that the traffic impact fee will off-set franchise fee revenue. As a result, the traffic impact fee payment will effectively become an "accounting function". Even so, County staff believes it is appropriate to assess the traffic impact fee to properly account for project traffic impacts. A traffic impact fee condition has been incorporated into the proposed agency report and FPL has agreed to the condition (see attachment 48, pages 2 and 3). • Emergency Services During its review of the project, County staff coordinated with FPL and Okeechobee County and raised questions regarding the emergency services needs of the project during construction and plant operation,and Okeechobee County's ability to provide emergency services including consideration of the project site's significant distance from fire stations. Okeechobee County has 3 fire stations and Indian River County currently has 13 fire stations with two more slated for operation in the next few years. The project location is 30 miles from the nearest Okeechobee County fire station and 18 miles from the nearest Indian River County fire station. County staff is aware that Okeechobee County Fire Rescue Services believes there is a shorter fair-weather route from its closet existing fire station. During discussions with FPL and Okeechobee County, County staff also emphasized actual response history and Indian River County's responsibilities under the conventional mutual aid arrangement with Okeechobee County. For reference, maps and data providing a comparison of Okeechobee County and Indian River County fire station distances to the project site and a comparison of current fire rescue apparatus and personnel are provided in attachment # 4. This information will be made an attachment to the agency report. During the review process, Okeechobee County stated that is has the ability to respond to the plant site with necessary emergency services within 30 minutes of a call. A 30 minute response time was the emergency services response time that FPL has stated is needed for the project. Recently,County Emergency Services Director John King and Deputy County Attorney Bill DeBraal met with the Okeechobee County Public Safety Director/Fire Chief, Okeechobee County Administrator, and Okeechobee County Attorney. In that meeting, Okeechobee County again represented its ability to provide necessary emergency services to the project. In addition, Mr. DeBraal requested that Okeechobee County provide documentation confirming that Okeechobee Fire Rescue Services has the following: F\Community Development\Users\CDADMFN\AGENDA\Current Year\2016\Consideration of Agency Report for FPL's PRoposed 3 Okeechobee Clean Energy Center 032216 BCC doc., 174 • State Certified HazMat technicians and equipment including Level A HazMat suits • Technical rescue training • Adequate resources and personnel to meet the State of Florida "two in two out" requirement at the power plant site A copy of the response from Okeechobee County Public Safety Director/Fire Chief Ralph Franklin is attached (see attachment #5). That response states that Okeechobee County does NOT have a Hazardous Materials Team at this time nor does it have any Level A Hazmat suits. The response also states that Okeechobee County has a Light Technical Rescue Team—Type II and has the daily staffing requirements and response deployment policies to meet the "two in two out" rule. As structured, the proposed agency report states that Indian River County is relying upon representations made by Okeechobee County regarding its commitment and ability to provide necessary emergency services during project construction and plant operation. In addition, the proposed agency report includes an emergency services condition agreed to by FPL(see attachment 48, page 3). In that condition, FPL agrees to reimburse Indian River County for extraordinary services expenses or services provided including but not limited to hazardous materials events, in accordance with IRC Code 208.13. That code section is attached as a reference(see attachment#6). • Water Supply During its review of the project certification application, County Utility Services asked FPL 15 questions related to water supply and use of water within the project. Utility Services also reviewed FPL's responses to its questions (see attachment 43), as well as water supply/water use questions from SJRWMD and FPL's responses to those questions. County staff also coordinated with FPL and SJRWMD staff to ensure that Indian River County's concerns were addressed in conditions recommended in SJRWMD's agency report. At the March 1 BCC meeting,the Board reviewed a working draft agency report prepared by County staff. That draft version contained a"Water Supply"condition that had been agreed to at that point in time by FPL and SJRWMD staff. That condition language included some items that County staff had requested be added, and is structured to require the Licensee (FPL) to evaluate an alternative water supply source upon notification from SJRWMD that a potential source is available. Under that condition language,the evaluation"trigger"can be used by SJRWMD at any time and multiple times during the life of the power plant. Also,the condition language requires submittal of the SJRWMD notification and FPL's evaluation to Indian River County. That version of the SJRWMD water supply condition remains intact and is the second paragraph of a three paragraph condition approved by the SJRWMD Board on March 8, 2016. Based on comments made by Board members at the March 1 meeting. County staff coordinated with FPL and SJRWMD staff to add 2 more paragraphs that were ultimately incorporated into SJRWMD's final water supply condition adopted March 8, 2016 (see attachment #7). The first paragraph requested by County staff and incorporated into the SJRWMD condition provides an acknowledgement from the Licensee (FPL) that alternative water sources such as surface water projects will be required to meet the needs of Florida's citizens and that the Licensee will make a FACommunity Development\Users\CDADMIN\AGENDA\Current Year\2016\Consideration of Agency Report for FPL's PRoposed 4 Okeechobee Clean Energy Center 032216 BCC.docx 175 good faith effort to evaluate alternative water sources for the project. The second paragraph added at staff's request is the third paragraph of the SJRWMD water supply condition. That paragraph language sets a June 30, 2022 deadline for FPL to re-evaluate potential alternative water supply sources for the project if the SJRWMD has not pulled its evaluation"trigger'by December 31,2021. As structured, the proposed agency report states that Indian River County recognizes SJRWMD's charge and statutory authority to regulate water consumption and that Indian River County is relying upon the SJRWMD's water supply condition("Condition 33")and good faith implementation of that condition. CONCLUSION Staff's conclusion is that the agency report expresses Indian River County's concerns, provides for conditions within the scope of Indian River County's jurisdiction, and appropriately recommends approval of the project subject to the recommended conditions. Finally, FDEP staff have reviewed the proposed agency report and found that it meets the state requirements of Chapter 403. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Community Development Director to submit the proposed agency report to FDEP, with any changes deemed necessary by the Board. Attachments: 1. Location Map and Project Information Excerpts from Certification Application 2. Revised Schedule for Power Plant Site Certification Application 3. County Staff Comments and FPL Responses 4. Comparison of Fire Station Distances and Fire Rescue Apparatus/Personnel 5. Okeechobee County Response/Documentation on Emergency Services Capabilities 6. IRC Code Section 208.13 7. SJRWMD Water Supply Condition 33 8. Proposed Agency Report APPROVED AGENDA ITEM: Indian River Approved Date CO, FOR: Q�+ 7 �Q��p Admin. 3 /Z Legal BY: Budget 3 (7 Dept. Risk Mgr. FACommunity Development\Users\CDADMIN\AGENDA\Current Year\2016\Consideration of Agency Report for FPL's PRoposed 5 Okeechobee Clean Energy Center 032216 BCC.docx 176 INDIAN RIVER COUNTY iOKEECHOBEE COUNTY Y TDI ?S r i LEGEND CLIENT Project Location FPL a CZ Certified Site Boundary Q FPL Owned Property PRJ_ELT OKEECHOBEE CLEAN ENERGY CENTER Q Linear Facility Corridor Transmission Interconnection Corridor TITLCounty Boundary LO ` LOCATION OF r THE FPL PROJECT rrvr•r.+.%DD 2015•19-1e ( 0 1 2 DESIGNED NRL PftEFFRED NRL 1:93,380 MAes REVIEWED KAS REFERENCE($) rT`. AFi'RGiVEO KFK PROPERTY,PROJECT LOCATION,LINEAR FACILITY CORRIDOR,CERTIFIED BOUNDARY.FPL b GOLDER ASSOCIATES INC.,2015 PROJECT NO, CONTRCLA FIGURE SMILE BUFFER GOLDER ASSOCIATES INC.,2015 1414979 6025 0 3.1-1 1-.) 1 7 W f{Z - - -f MR :. 91 F F. S r LEGEND CLIENT v CM OCEC Unit 1 FPL ' is C. Open Space n a UFA Well Delivery Pipeline PROJECT L: Mitigation Area OKEECHOBEE CLEAN ENERGY CENTER i Certified Site Boundary H p FPL Owned Property TITLE p Linear Facility Corridor SITE PLAN L : Transmission Interconnection Corridor p On-Site Gas Pipeline Alternatives YYYY-MIA-DD 2D,s-09-17 Future Solar Area 0 3,200 6,400 DcS;GNED NRL I PREPARED NRL 1:38,400 Feet FPL. REVIENcD KAB REFERENCE(S) c PROPERTY,LINEAR FACILITY CORRIDOR,CERTIFIED BOUNDARY,FUTURE SOLAR AREA,OPEN APPROVED KFK SPACE,MITIGATION AREA,FPL 6 GOLDER ASSOCIATES INC.,2015 PROJECT NC- CONTRG_ AU V11L idFIGURE �/ FACILITY LAYOUT,BLACK 8 VEATCH.2015 1414970 8026 0 3.1 2 178 8 � September 2015 1-1 14-14979 1.0 INTRODUCTION AND GENERAL INFORMATION This chapter of the Site Certification Application (SCA) provides background on the Site and the applicant, Florida Power&Light Company(FPL or the Company). Chapter 1 also addresses specific applicant information requirements, provides an overview of the Okeechobee Clean Energy Center Project (OCEC or Project) for which FPL seeks certification, references the state determination of need and separate federal licensing projects, and provides a summary of FPL's public outreach program for the Project. 1.1 Introduction FPL proposes to construct a new combined cycle natural gas fired generating unit (OCEC Unit 1), providing approximately 1,600 megawatts(MW)nominal of electric generation in 2019. The Project for which FPL is seeking certification includes the construction and operation of OCEC Unit 1, the Site to be certified (the "Site"), as well as associated linear facilities. The Site is comprised of approximately 2,341 acres of FPL's 2,842 acre Property located adjacent to the existing 500-kV transmission system in northeastern Okeechobee County (Figure 1.1-i). The Site includes an area designated for potential future development of approximately 200 MW of photovoltaic (PV) solar generation that will bring the net ultimate Site capacity to 1,800 MW nommal. A conceptual illustration of OCEC Unit 1 is presented in Figure 1.1-2. FPL purchased the Property in unincorporated Okeechobee County in 2011. The Site is ideally located in an area adjacent to both natural gas and electrical transmission through lateral connections or existing structures. The Site also has groundwater available to support plant operations including process water, steam cycle makeup, cooling water makeup, and miscellaneous plant uses. A boundary survey that contains the Site legal description on FPL Property is included in Attachment C of Appendix 10.4. FPL is seeking approval of the OCEC Project under the Florida Electrical Power Plant Siting Act (PPSA), Chapter 403, Part 11, Florida Statutes (F.S.). The PPSA provides a centralized review and licensing process for new steam or solar electrical generating facilities in Florida of 75 MW or greater,balancing"the increasing demand for electrical power with the broad interests of the public." The Florida Public Service Commission(FPSC) is the sole forum for the determination of need for a proposed facility (Section 403.519, F.S.). FPL is currently seeking a determination of need for the OCEC Unit 1. The Florida Department of Environmental Protection (FDEP) acts as the coordinator for the Site Certification process, with input from various state, regional, and local agencies, along with interested citizens. Ultimate disposition of the SCA is determined by the Governor and Cabinet Attachment 1 b 179 I September 2015 1-2 14-14979 sitting as the Siting Board, or by the Secretary of the FDEP. This SCA is being filed with FDEP pursuant to Section 403.5064, F.S., and Chapter 62-17, Florida Administrative Code (F.A.C.). The SCA describes the Project and addresses its environmental and socioeconomic aspects by presenting information on the existing natural and human environment, the facilities to be constructed and operated, and the impacts of the Project on those environments. The format and content of this SCA follow FDEP's draft "Application Instruction Guide: Electrical Power Plant Sites and Associated Facilities Electrical Transmission Lines" dated September 1, 2009. FPL is concurrently filing with FDEP an Air Construction/Prevention of Significant Deterioration (PSD) Permit Application. A U.S. Army Corps of Engineers (USAGE) Section 404 application is currently under review. In March 2015, the FDEP issued an Underground Injection Control (UIC) Class V Permit (Permit No. 0330373-001-UC/lEX) for an exploratory well and a dual zone monitoring well. FPL will obtain a UIC Class I construction and operational testing permit upon completion of the exploratory well and dual zone monitoring well and submission of the injection well completion report to DEP. The UIC Class I permit will authorize conversion of the exploratory well to an injection well and construction of a second injection well. FPL requests that the certification for the Project include one variance pursuant to Rule 62-17.051(3)(a),F.A.C.: • SJRWMD ERP Applicant's Handbook Vol. IL Section 8.8 (Pond Depth) and 8.9 (Pond Configuration): Modification to the applicable design parameters pertaining to the stormwater pond configuration and depth,as described below in SCA Section 4.8.1. 1.2 The Applicant FPL, a subsidiary of NextEra Energy, Inc., is the largest electric utility in Florida with a service area of approximately 27,650 square miles. FPL serves approximately 4.8 mullion customer accounts, with a service territory in all or parts of 35 Florida counties(Figure 1.2-1). FPL's existing generating resources are located at power plant sites (Figure 1.2-1) distributed geographically around its service territory, and also include partial ownership of two units located in Jacksonville, Florida,and one unit in Georgia. The total summer system firm generating capability as of December 31, 2014 was 25,072 MW, consisting of nuclear units (3,453 MW), coal units (897 MW), combined cycle units (14,817 MW), oil/gas fossil steam units (3,663 MW), combustion turbines (319 MW), and gas turbines (1,908 MW) (FPL, 2015). In addition, there are two solar PV facilities with a combined generation capacity of 35 MW and a solar thermal facility capable of producing steam that can generate 75 MW. The solar thermal facility is the world's first hybrid energy center to combine solar thermal technology with an existing combined cycle generation unit. 10,7,1 Attachment 1 b F-'L 180 September 2015 1-3 14-14979 FPL's bulk transmission system is composed of approximately 6,888 circuit miles of transmission lines. Integration of the generation, transmission, and distribution system is achieved through FPL's approximately 596 substations(FPL, 2015). FPL is a leader among the nation's electric utilities for its partnerships with customers in conservation and in energy management. The following information addresses the applicant identification requirements: Applicant's Official Name: Florida Power&Light Company(FPL) Address: 700 Universe Boulevard,Juno Beach FL 33408 Address of Official Headquarters: 700 Universe Boulevard,Juno Beach FL 33408 Business Entity(corporation, C_ oraoration partnership,co-operative): Name and Title of Chief Eric Sila,-y,President and CEO Executive Officer: Name,Address,and Phone Matthew J. RatlenberQ,Director ofEnvironmental Licensing Number of Official Environmental Services Department 700 Universe Boulevard. Representative responsible for J_ES/JB,Juno Beach,FL 3340_8 obtaining certification: Phone. (561) 691-2808 Site Location(county): Okeechobee County Nearest Incorporated Cities: City of Vero Beach 24 miles and City of Okeechobee 27 miles Latitude and Longitude: 27138'03"; 80'47'28". UTM Coordinates: Northerly 3,056.69 kilometers(km)N. Easterly 520.60 km E(Zone 17) Section,Township,Range: Portions of Sections 1211&12 Township 33 South Ran a 35: East Name Plate Generating Capacity: Site CertiTcation: Nominal 1.622-MW(net) combined c,�c1e unit and up to 200 MW ofpotential future solar for a net ultimate Site capacity of 1,822 MW nominal) The specific location information above is for the electrical generating unit. The proposed linear facilities corridor extends north from the Site approximately 1 mile to State Road (SR) 60 located in Indian River County. Attachment 1 b '" � 181 September 2015 IA 14-14979 1.3 Overview of the Project The OCEC Unit 1 will be a net 1600 MW nominal 3-on-1 combined cycle electrical generating unit that will consist of three new advanced-technology combustion turbine/electric generators (CTs), three new heat recovery steam generators (HRSGs), and one steam turbine/electric generator, along with on-Site supporting facilities. The CTs are similar to, but much larger and more efficient than, traditional aircraftjet engines. The CTs produce electrical energy by direct connection to an electric generator. The exhaust heat from the CTs, which would otherwise be wasted energy released to the atmosphere, will be routed through the HRSGs, which act as boilers to produce steam for the new steam turbine generator to produce additional electricity. Off-Site associated facilities include a minimal transmission line interconnection to existing 500-kV transmission lines and improvements to an existing access roadway. Natural gas will be the primary fuel for OCEC Unit 1. Ultra low-sulfur distillate (ULSD) "light oil" will be used as a backup fuel for the CTs. The natural gas will be provided,and the associated off-Site pipeline will be owned and separately permitted,by a third party supplier. The cooling water source for the Project will be groundwater from the Upper Floridan Aquifer. The surficial aquifer will be used for service and potable water. The annual average withdrawal from the UFA will be 9 MGD(3,287 MGY) and the maximum daily withdrawal will be 11 MGD. The annual average withdrawal from the surficial aquifer will be 0.046 MGD(16.8 MGY) and the maximum daily withdrawal will be 0.0806 MGD. The Project also includes an area for potential future solar PV generation of up to 200 MW. Future solar generation on the Site would be the subject of a supplemental application for certification under section 403.517,F.S. In addition to providing clean, safe, and reliable power for FPL's customers,the Project will result in significant environmental and economic benefits. By using natural gas as the primary fuel for OCEC Unit 1 and technology that is recognized by FDEP as the Best Available Control Technology(BACT) for minimizing air emissions, OCEC Unit 1 will be among the cleanest and most efficient fossil fuel electric-power generating units in Florida. In addition, OCEC Unit 1 is estimated to generate approximately$238.8 million in tax revenue from 2019/2020 to 2048/2049. 1.4 Summary of Public Outreach Program FPL has involved the community early in the Project licensing to ensure that local interests and community-specific information are taken into account. Representatives of FPL have been involved with Okeechobee and Indian River County communities for many years. FPL uses several communication channels to engage neighbors in constructive and collaborative dialogue, providing project information and gaining input from local stakeholders. Attachment 1 b Pr's- 182 September 2015 1-5 14-14979 The Project was formally announced in March 2015. Since that time and leading up to the submittal of the SCA, FPL reached out to stakeholder groups including elected officials, site neighbors, environmental groups, government agencies, and Okeechobee and Indian River counties (see Appendix 10.1 Coordination). Local media outlets were notified about the Project to inform residents surrounding the Site. FPL mailed out 718 letters to residents, business owners and owners of property within a 5-mile radius of the Site. The mailing included a fact sheet informing them of the Project and identified how they can provide feedback. In addition, tN&.o public open houses, one held in Okeechobee(May 26,2015)and the other in Vero Beach(June 2,2015)provided an opportunity to share detailed Project information with the local community, obtain individual feedback, and answer questions. Information resources developed include: fact sheet; facility conceptual renderings; a website io►JT1,ic Cl�Za:f,::r_ ;;�_), which includes a project overview and FAQs; a PowerPoint presentation (for stakeholder briefings); and numerous information boards used at the open houses. Over the past six months and in the future throughout Project permitting, FPL has and will continue to maintain proactive outreach and dialogue with the community. FPL's goal is to be the first and best source of information about the Project and is committed to responding to questions and comments in a timely manner. Attachment 1 b 183 September 2015 3-1 14-14979 3.0 SITE AND VICINITY CHARACTERIZATION 3.1 Site and Associated Facilities Delineation The FPL Property comprises approximately 2,842 acres in northeast Okeechobee County, Florida, located approximately 24 miles west of Vero Beach and 27 miles north-northeast of Okeechobee on the border with Indian River County (Figure 3.1-1). An existing paved road (226th Court)provides access to the property from SR 60. An existing transmission line right-of-way is located adjacent to portions of the northern and eastern property boundary. The Site for which certification is being sought is approximately 2,341 acres. The Site is located in portions of Sections 1, 2, 11, and 12, Township 33 South, Range 35 East. The Site includes the approximately 220-acre plant area where the new generating facilities will be located, along with construction laydown areas, parking, stormwater ponds, and associated infrastructure; an approximately 376-acre mitigation area; approximately 1,629 acres for potential future solar generation; and approximately 104 acres identified as open space(Figure 3.1-2). 3.1.1 Adjacent Properties and Nearby Areas The area within 1 mile of the OCEC Unit I is unincorporated Okeechobee County and unincorporated Indian River County. There are no municipal jurisdictions within a 5-mile radius of the OCEC Unit 1 (Figure 3.1-1). The existing land uses within 1 mile of the OCEC Unit I are consistent with the existing characteristics of the Site in that agricultural uses (i.e., farming, cattle, and horses) are predominant with scattered single-family and manufactured homes. There are two single-family residences within 1 mile of the OCEC Unit 1; one is situated north along the main access road, and one is situated near the eastern Site boundary. 3.1.2 One Hundred Year Flood Zone The Federal Emergency Management Agency(FEMA) maps for the Site are shown as an overlay to the aerial image of the Site in Figure 3.1.2-1. As recorded on the Flood Insurance Rate Maps (Panel No.1201770075B and No.12061C0175H), the Site is situated within Zone C and Zone A within Okeechobee County and within Zone A and Zone X within Indian River County. Zones C and X are areas that are determined to be outside of the 100-year flood zone with minimal flooding. Zone A is a Special Hazard Area and is determined to be inundated by the 100-year flooding(FEMA,2015). 3.2 SOCIAL AND POLITICAL ENVIRONMENT The PPSA is a comprehensive and coordinated review process involving multiple agencies and local governments coordinated by the FDEP Siting Coordination Office. Through the PPSA, the State has 0 Attachment 1 b '� � 184 September 2015 3-7 1A-1 AO-79 eastern boundary of the Site. The residences in the vicinity of the Site are located within large land tracts and are associated with agricultural activities on the land. Based on the population data and existing land use data described above, there are no abnormal changes anticipated with the population or land use patterns in the vicinity of the Site. State and County recreational areas are situated throughout Okeechobee and Indian River Counties in designated(and government-owned)Iands. The majority of these areas are not in the immediate area of the Site, with the exception of the St. Johns River Water Management District's Fort Drum Marsh Conservation Area, located adjacent to the Site on the eastern boundary, and the St. Johns River Water Management District's Blue Cypress Conservation Area, located northeast of the Site. 3.2.4 Leases,Easements, Title,Agency Works The need for public leases, easements, titles, or agency works approvals is not anticipated for the Proj ect. 3.2.5 Regional,Scenic, Cultural, and Natural Landmarks There are no regional, scenic, cultural or natural landmarks under federal jurisdiction within five miles of the OCEC Unit 1. The SJRWMD's Fort Drum Marsh Conservation Area is located adjacent to the Site, on the eastern boundary. The SJRWMD's Blue Cypress Conservation Area is located approximately 1.5 miles to the northeast of the OCEC Unit 1. There are several wildlife management and conservation areas within five miles of the OCEC Unit 1, as shown in Figure 3.2.1-2. There are no Okeechobee County parks or recreational facilities within five miles of the OCEC Unit 1. The Indian River County Blue Cypress Park is located approximately 6 miles to the north. The Kissimmee Prairie Preserve State Park is located approximately 10 miles west of the Site. The park preserves one of the largest remaining dry prairies in Florida and is home to an array of endangered plants and animals. The preserve offers vehicular, hiking, bicycling, and equestrian opportunities. The Ordway-Whittell Kissimmee Prairie Sanctuary is located within the Kissimmee Prairie Preserve State Park. The sanctuary protects 7,315 acres of Florida's dry prairie'habitat. The Kissimmee/Okeechobee Land Management Region, located north and southwest of the Site along the Kissimmee River basin, is a project area of the Save Our Rivers Program. The purchase of land within this area (e.g., Kissimmee Prairie Preserve State Park) is part of the ongoing state commitment to protect water resources, native plant communities, fish and wildlife populations, and natural features of the land. Attachment lb FPL 190 September 2015 3-8 14-14979 3.2.6 Archaeological and Historical Sites Archaeological and Historical Conservancy, Inc. conducted both a Phase I cultural resource assessment of the OCEC Unit 1 and linear facilities corridor and a desktop cultural resource assessment of the remainder of the Site in March 2015 (Appendix 10.7.2). The assessments were conducted in accordance with Chapter 267, F.S., and conform to guidelines and specifications set forth in Chapter 1A46,F.A.C. The assessments consisted of a review of relevant archives and literature that contained archaeological reports for northeast Okeechobee County and western Indian River County, a review of information from the Florida Master Site File in Tallahassee, examination of U.S. Geological Survey(USGS)maps, the collection and review of aerial photographs (color and black/white), and a reconnaissance visit(e.g.,pedestrian survey and shovel testing). Based on the assessments conducted of the Site and linear facilities corridor, it was determined that the Site and corridor contain no significant archaeological or historic resources that would be eligible for listing in the National Register of Historic Places. A total of 78 shovel tests were performed across the OCEC Unit 1 area, and all were negative for archaeological material. Aerial photos revealed that farming has occurred within OCEC Unit 1 and the access road, increasing the likelihood that any archaeological sites that may have been in the area would have been affected by ground disturbance activities, in particular, citrus farming. Outside of OCEC Unit 1, a total of 16 hammocks were considered to have a high probability for archaeological sites. Part of one of the identified hammocks is located adjacent to the existing access road, while the other hammocks are located within the areas designated for mitigation and future solar generation. Four medium probability areas, specifically uplands adjacent to sloughs and larger ponds, were also identified, three of which are located within the proposed mitigation area. 3.2.7 Social and Economic Characteristics and Public Services 3.2.7.1 Social and Economic Characteristics The Site is located within Okeechobee County, with the linear facilities corridor situated within Indian River County. There are no municipalities within I chile of the Site. 3.2.7.2 Labor Force The labor force in Okeechobee County and Indian River County was reported as 17,887 and 62,289, respectively, as of December 2014, with approximately 16,754 and 58,577 residents listed as employed(Florida Department of Economic Opportunity,Labor Market Statistics Center,2015). Attachment 1 b RW 191 September 2015 3-9 14-14979 According to the Florida Department of Economic Opportunity, Okeechobee County had an unemployment rate of 6.3 percent,with Indian River County at 6.0 percent, and Florida at 5.4 percent in December 2014. The 2014 average private-sector employment, by major industry groups, for Indian River, Martin, Okeechobee, and Saint Lucie Counties (Workforce Region 20) is presented in the following table. The employment projections are also presented. Construction and Utilities provided approximately 6.21 percent and 0.87 percent of the Region's employment, while much of the employment was supplied by Health Care and Social Assistance (17.27 percent), Retail Trade (15.93 percent), and Accommodation and Food Services(10.84 percent). Employment Employment Average Major Industry Croup (2014) Projections Wage 2022 2014 All Industries 184,625 235,177 $37,452 Agriculture,Forestry,Fishing,and Hunting 5,143 5,045 $28,596 Nfining 114 133 $43,776 Construction 11,458 15,688 $35,952 Manufacturing 8,566 8,740 $43,776 Wholesale Trade 5,237 6,565 $48,024 Retail Trade 29,404 32,124 $25,536 Transportation and Warehousing 4,548 3,993 $43,624 Utilities 1,600 1,412 $88,756 Information 1,989 1,992 $50,892 Finance and Insurance 4,488 5,051 $62,044 Real Estate and Rental and Leasing 3,286 3,539 $33,900 Professional Scientific and Technical 8,601 10,325 $51,500 Services Management of Companies and Enterprises 478 544 $103,960 Administrative and Waste Services 10,824 13,742 $26,060 Educational Services 13,323 2,639 $52,028 Health Care and Social Assistance 31,889 38,401 $42,232 Arts,Entertainment,and Recreation 5,394 5,868 $33,380 Accommodation and Food Services 20,020 21,968 $17,892 Other Services 7,264 9,033 $29,084 Public Administration 10,939 28,813 $48,452 Unclassified 60 19,562 $28,884 The employment projections for Workforce Region 20 indicate the Construction sector jobs are expected to increase by about 37 percent between 2014 and 2022, while Utilities sector jobs decrease Attachment 1 b moi- 192 September 2015 3-10 14-14979 about 12 percent (Florida Department of Economic Opportunity, Labor Market Statistics Center, 2015). 3.2.7.3 General Income As reported in March 2014,Okeechobee County and Indian River County had an estimated per-capita personal income of$27,423 and $54,448, respectively, which is an increase of$2,318 and $6,142 since 2010(Bureau of Economic Analysis, CAI-3, 2015). The State of Florida and United States had a reported per capita personal income of$41,497 and $44,765 for the same time frame, respectively (Bureau of Economic Analysis,CAI-3,2015). According to the Florida Bureau of Economic Business Research, the 2013 estimated median household income in Okeechobee County and Indian River County was $35,954 and $44,326, respectively(BEBR, 2015). When compared to the 2010 data, Okeechobee County saw a 1.5 percent increase in median household income, while Indian River County saw a 6.7 percent decrease in median household income. Florida had an estimated median household income of$46,021 in 2013, which was an increase of 3.7 percent from the 2010 data. Within Workforce Region 20, Construction and Utilities provide approximately 7 percent of the region's employment in 2014. The average wage per construction worker in the second quarter of 2014 in Workforce Region 20 was approximately $35,952 (Florida Department of Economic Opportunity, Labor Market Statistics Center, 2015). The average wage per job in 2013 was $34,994 for Okeechobee County and$38,955 for Indian River County(Bureau of Economic Analysis,CA3-4, 2015), whereas the average wage per job for the entire State of Florida was $45,064. 3.2.7.4 Housinsz The total number of housing units in Okeechobee County is estimated at 18,232, with an estimated vacancy rate of 30.4 percent. In Indian River County,the total number of housing units is estimated at 76,576, with an estimated vacancy rate of 23.6 percent. The majority of the housing stock in Okeechobee County was constructed prior to 2000, with only 0.6 percent constructed since 2010 (Indian River County; 0.2 percent). These estimates are based on an American Community Survey for the period of time of 2011 to 2013 (US Census,2015). The total occupied housing units in Okeechobee County is estimated at 12,688(Indian River County: 58,531), with 7 1.1 percent of those units occupied by the owners(Indian River County: 74.1 percent) and 28.9 percent occupied by renters (Indian River County: 25.9 percent). The estimated median purchase price of a home in Okeechobee County in 2013 dollars was $98,800 (Indian River County: $148,400)(US Census,2015). Attachment 1 b FPL- 193 Sqptember 2015 3-11 14-14979 Within Workforce Region 20, the number of available total lodging units was estimated as 22,888 in 2013. This total number of units includes 1,369 vacation rental units, 431 apartment units, 3,153 motel units, 3,652 hotel units, and approximately 8,605 rooming houses and bed and breakfast units. In addition, the available recreational vehicle parks and recreational camps within the region were estimated at five establishments within 25 miles of the Project area (Gocampingamerica.com,2015). 3.2.8 Area Public Service and Utilities 3.2.8.1 Education Public education in Florida is operated on a countywide basis. Each county's respective school district establishes educational policies and staffing requirements. The Okeechobee County School District includes five elementary schools, two middle schools, one high school, and two alternative schools. Okeechobee County had a total student membership of 6,420 for the 2013-2014 school year (FLDOE, 2015). The County anticipates a decrease in school enrollment to approximately 6,336 by 2016, a decrease of approximately 1.3%. Okeechobee County schools employed approximately 807 personnel (405 instructional staff, 182 clerical, 39 administrators, and 181 other administrative support positions) for the 2014-2015 school year(FLDOE,2015). The table below identifies workforce opportunities for the 2012-2013 school year for the school districts of Okeechobee, Indian River,Martin,and St.Lucie Counties. Average No. No. No. Daily Elementary Middle No.High Charter County Membership Schools Schools Schools Schools Other Okeechobee 6,458 5 2 1 0 2-Alt Indian River 18,658 13 4 3 5 3 -Adult/Alt Martin 18,472 12 5 5 2 4—Alt/Special St.Lucie 39,195 17 4(plus 1 6(plus 1 5 5-Magnet,2 k-8) 6-12) Alt,2-k-12 Virtual Source:ww.fldoe.org/schools/k-12-public-schools/dis-contact-info,2015. 3.2.8.2 Transportation Access to the Site is from SR 60, approximately 7.5 miles east of Florida's Turnpike and about 17 miles west of Interstate(1)-95. SR 60 is a four-lane principal arterial roadway oriented in an east-west direction with connections to U.S. Highway(US) 441,Florida's Turnpike and 1-95. The access road from SR 60 is 226`"Court, a full-access roadway that aligns with an existing SR 60 median opening that includes a westbound left-tum lane. The existing level-of-service (LOS) for SR 60, based on OR Attachment lb Wit- 194 Sqptember 2015 3-12 14-14979 Florida Department of Transportation (FDOT) traffic counts taken near the connection with 2261" Court, is LOS B. The FDOT annual average daily traffic count for SR 60 averaged 4,942 vehicles from 2009 through 2013, with a maximum of 5,029 vehicles in 2013. For a rural four-lane divided highway with a median, the FDOT LOS B maximum average daily volume is 25,700 vehicles. The existing traffic volume on SR 60 is well within FDOT LOS B. A traffic study was performed that included an assessment of existing traffic as well as an evaluation of the impacts'of construction and operation(see Appendix 10.7.4). 3.2.8.3 Medical Facilities- There are nine hospital facilities within 30 miles of the Site. Predominantly serving Indian River County and St. Lucie County, the closest Level Il trauma center is approximately 29 miles east- southeast of the Site. Lawnwood Regional's Treasure Coast Trauma Center is part of the Lawnwood Regional Medical Center& Heart Institute, which provides emergency response and general medical services to Indian River,Martin, Okeechobee and St. Lucie counties. 3.2.8.4 Police Protection Police protection for the Project will be provided by the Okeechobee County Sheriffs Office Uniform Patrol Division. The Uniform Patrol Division, is comprised of 50 sworn deputies and is the front-line defense for Okeechobee County citizens and visitors. In 2013, the Division responded to 24,464 service calls. In addition, the Division has several support programs within the County that require both citizen volunteer and sworn deputy positions, such as: School Resource Unit, Court Security/Civil Process, Auxiliary, Posse (e.g., Parade, Security Detail, etc.), Citizens Observation Patrol, Dive Team, Special Response Team, and the Sheriffs Emergency Response Team (OKC Police,2015). 3.2.8.5 Fire FiPhting Facilities The Okeechobee County Fire Rescue provides s variety of services to protect Okeechobee County citizens and visitors, such as fire,accidents,medical emergencies, and hazardous material releases. th addition to the Administrative Services office, the County has 4 Fire Rescue stations located throughout the County. The closest of the four stations is Fire Rescue Station 3, which is located 23 miles to the southwest along US Highway 441(OKC Fire, 2015). The closest Fire Station to the Site is within Indian River County (Fire Station 7), which is approximately 18 miles due east of the Site(IRC Fire,2015). 3.2.8.6 Recreation Facilities Okeechobee County offers parks and recreational services to County residents and visitors. The County Parks and Recreation Department oversees eight County amenities that include civic centers, Attachment 1 b tet' 195 September 2015 3-13 14-14979 community centers, historical parks, sport complexes and sport fields. Within 5 miles of the Site, there are no Okeechobee County parks or recreational facilities. Within Indian River County, the Recreation Department includes the Parks Division that oversees grounds, buildings, and equipment as well as the recreational facilities and programs offered to County citizens and visitors. There are a total 40 various park and recreational facilities throughout the County. There are no Indian River County parks or recreational facilities within five miles of the Site. The closest County recreational facility, Blue Cypress Park, is located within Indian River County approximately seven miles to the northeast of the Site. SJRWMD's Ft. Drum Marsh Conservation Area is directly east and adjacent to the site. The SJRWMD's Blue Cypress Conservation Area is located within a mile to the northeast of the site. 3.2.8.7 Electricity and Gas Electricity in unincorporated Okeechobee County is provided by FPL and Glades Electric Cooperative, Inc. Several suppliers provide propane in Okeechobee County. 3.2.8.8 Water Supply and Domestic Wastewater Treatment Fadilities The Okeechobee Utility Authority (OUA) operates and maintains a regional water and wastewater system to provide services for residential, commercial, and other utility customers located within Okeechobee County and a portion of Glades County(OUA,2015). Okeechobee County does not provide potable water for residents in unincorporated areas of the County. There are approximately 74 water treatment facilities in the County; most of these are small and serve a single commercial business or residential community(OKC CP,2015). Eighty percent of unincorporated Okeechobee County is served by septic systems as presently no sewer system is available in those areas. There are approximately 27 private treatment plants, which are small and generally treat residential-type wastes. The City of Okeechobee owns and operates a sewage treatment plant that serves the City as well as portions of the unincorporated County, which surrounds the City(OKC CP, 2015). 3.2.8.9 Solid Waste Disposal Solid waste generated within unincorporated Okeechobee County is transported to the Berman Road Landfill owned and operated by Chambers Waste System of Florida, Inc. (approximately 13 miles northeast of the City of Okeechobee; north of SR 70). The unincorporated County does not have a mandatory collection service; however, solid waste is collected through voluntary subscription by Attachment 1 b PPL 196 Sen ember 2015 3-14 14-14979 Waste Management Corporation. Those that do not subscribe to collection services deliver solid waste directly to the landfill or dispose of it in other ways; including incineration or disposing of it in dumpsters(OKC CP, 2015). 3.3 Physical and Biological Environment 3.3.1 Geology and Hydrology The regional and local geology and hydrogeology of the Site have been well documented. Regional geology and hydrogeology was detailed in "Synthesis of the Hydrogeologic Framework of the Floridan Aquifer System and Delineation of a Major Avon Park Permeable Zone in Central and Southern Florida" (Reese,R.S. and Richardson, Emily, 2008). Local geology and hydrogeology are presented in "Ground-Water Resources of Okeechobee County, Florida" (Bradner, 1994). Ardaman & Associates, Inc. (March 27, 2015) completed a subsurface exploration program in the area of the power plant and along the entrance road. The subsurface exploration program included soil borings at 16 locations to depths between 30 and 100 feet and in-situ permeability and infiltrometer tests at three locations. This section summarizes information presented in these reports and additional available reports and cited references. 3.3.1.1 Geologic Description of the Site and Vicinity The Florida peninsula is divided into three physiographic zones (White, 1970). The Southern zone is present from the southern end of the Florida peninsula to a line that cuts across the peninsula from the vicinity of the city of Stuart on the east coast to the city of Fort Myers on the west coast. The Central physiographic zone extends northward from this line to a line that extends from approximately St. Augustine on the east coast to approximately Peng near the west coast. The Northern physiographic zone extends northward from this line to Georgia. The Site is located in the Central physiographic zone of the Florida peninsula, which is characterized by sub-parallel highland ridges separated by broad valleys. More specifically, the Site is located on the Osceola Plain within the physiographic division of the Eastern Flatwoods District and sub divisions of the Holopaw-Indian Town Ridges and Swales and the St.Johns Marsh(Brooks, 1981). The land surface elevation across the Site rises from approximately 30 feet mean sea level(ms]) in the east to approximately 50 feet msl in the west of the Site, with respect to North American Vertical Datum of 1988 (USGS, 2015). The topography of the area is largely influenced by the formation of marine terraces that were deposited during the Pleistocene Epoch. The marine terrace deposits at the Site are the Talbot and the Penholoway terraces(Parker, 1955)and(Bradner, 1994). 0 Attachment lb PP= 197 , SepteMler 2015 3-15 14-14979 The Florida Platform basement rocks separated from the African plate and became a part of the North American craton as the super-continent Pangea rifted apart in the Triassic age (Smith, 1982). These basement rocks then served as a platform on which a thick sequence of primarily carbonate rocks (limestone, dolomitic limestone, dolomite, calcareous sands, anhydrite) with minor amounts of siliciclastic sediments (quartz sands, silts, marls, and clays) were deposited. Strata overlying the basement rocks range in age from mid-Mesozoic to Recent (Scott, 1992). A generalized description of the geology and hydrogeology in the vicinity of the Site is provided in Figure 3.3.1-1. Post- Mesozoic geologic units underlying the Site include, from youngest to oldest, undifferentiated Pleistocene to Pliocene age sediments, the Hawthorn Group of Miocene to Late Oligocene age, the Ocala Limestone of late Eocene age, the Avon Park Formation of middle Eocene age, the Oldsmar Formation of early Eocene age, and the Cedar Keys Formation of the Paleocene Age. Each of the geologic units is described in the paragraphs that follow. Undifferentiated Deposits The undifferentiated Holocene to Pliocene age sedimentary deposits consist of clayey sand, coarse to fine-grained sand, silt, clay, marl, and shell deposits. These deposits are commonly interbedded and can be variable laterally and vertically and are typically 100 to 200 feet (ft) in thickness in Okeechobee County (USDA, 2003). The undifferentiated Holocene and Pliocene sediments are anticipated to be present at the project Site from land surface to a depth of approximately 150 feet below land surface (ft bls). The base of the undifferentiated deposits typically consists of low- permeability clayey sand and silt. The undifferentiated Holocene to Pliocene sediments comprises the Surficial Aquifer. The Surficial Aquifer is the primary fresh water source in the vicinity of the Site. The water table in the Surficial Aquifer in Okeechobee County ranges from land surface to approximately 10 ft bls and fluctuates in response to seasonal changes(Bradner, 1994). Hawthorn Group The Hawthorn Group of the Miocene Age to late Oligocene Age includes the Peace River and Arcadia Formations in Okeechobee County. The Peace River Formation consists of greenish-gray phosphatic clay and silt interbedded with quartz sand and sandstone and overlies the Arcadia Formation. The Arcadia Formation consists primarily of poorly consolidated phosphatic limestone and dolomite. The Hawthorn Group constitutes the confining interval between the Surficial Aquifer and the Floridan Aquifer System (FAS); often called the Intermediate Confining Unit (ICU). It is anticipated to be present at the Site from a depth of approximately 150 to 400 fl bis (Scott T. M., 1988). The Hawthorn Group is anticipated to have very limited productivity at this location due to the generally low permeability of the sediments. Attachment 1 b Fes= 198 September 2015 3-16 14-14979 Floridan Aquifer System The FAS is characterized geophysically by high gamma ray activity and low resistivity. The high gamma ray activity of the formation is a result of the high phosphate content of the sediments. The low resistivity is indicative of the highly mineralized clay Ocala Limestone The Ocala Limestone of the Late Eocene Age and is anticipated to occur from a depth of approximately 400 to 500 ft bls at the Site. This formation generally consists of white to tan, highly fossiliferous limestone and generally has high porosity and permeability(Reese,R.S. and Richardson, Ermly, 2008). it is characterized geophysically by low gamma ray activity and moderate resistivity. Water produced from the Ocala Formation is typically brackish(TDS between 1,000 and 3,000 mg/L) and is frequently used for raw water supply for reverse osmosis water treatment plants in Florida. Avon Park Formation The Avon Park Formation of the Mid-Eocene Age is anticipated to occur from a depth of approximately 500 to 2,100 ft bls. The Avon Park Formation consists primarily of interbedded, micritic to fossiliferous limestone, dolomitic limestone and dolomite. The permeability in portions of the formation is typically high due to fracturing which is common within the dolomite units (Reese, R.S. and Richardson, Emily, 2008). The upper portion of the formation is more permeable than the lower portion and contains water-producing intervals. The lower portion of the Avon Park Formation consists of relatively low-permeability limestone, dolomitic limestone and dolomite and prevents fluids of differing quality from migrating between more permeable zones above and below this confining interval. Water produced from the upper portion of the Avon Park is typically brackish, while water from the lower portion of the formation is saline to highly saline (TDS between 3,000 and 35,000 mg/L). Oldsmar Formation The top of the Oldsmar Formation of the Early Eocene Age is anticipated to occur from a depth of approximately 2,100 ft bls. The lithology of the Oldsmar Formation at the Site is anticipated to consist of dolomite, dolomitic limestone, and limestone. Glauconitic limestone marks the top of Oldsmar Formation in east-central Florida (Reese, R.S. and Richardson, Emily, 2008). The upper portion of the formation is confining in nature. The lower portion of the formation is anticipated to include a highly transmissive, fractured, and cavernous interval known as the "Boulder Zone". The Boulder Zone is used as the injection zone for most Class I deep injection wells in south Florida. The top of Boulder Zone is anticipated to be located at a depth of approximately 2,600 ft bls at the Site. 0 Attachment 1 b 't- 199 Sgptember 2015 3-17 14-14979 The relatively low-permeability upper portion of this formation combined with the lower portion of the Avon Park Formation make up the confining unit that overlies the Boulder Zone. Cedar Keys Formation The Cedar Keys Formation is of the Paleocene Age. The top of the Cedar Keys Formation is anticipated to be at a depth of approximately 3,200 ft at the Site. The upper portion of the Cedar Keys Formation is often dolomite and dolomitic limestone, while the lower portion consists of thick beds of anhydrite. The Cedar Keys Formation is generally considered to be the lower confining unit to the Floridan Aquifer System. 3.3.1.2 Detailed Site Litholg& The surface soils of the Site consist of nearly level,poorly drained, sandy soil to a depth of more than 80 inches. Loamy or organically coated subsoil may be present. These soils are deposited in areas of flatwoods, sloughs and on hammocks and identified on the general soil map of the Soil Survey of Okeechobee County, Florida (USDA, 2003) as the Riviera-Basinger-Myakka unit over the majority of the Site, and the Riviera-Basinger-Myakka unit to the western edge of the Site. Based on the Custom Soil Resource Report (Appendix 3, Ardaman, 2015), the majority(>80 percent) of the soils to more than 80 inches are Myakka fine sand and Basinger fine sand with 0 to 2 percent slopes. These soils are classified as Hydrologic Soil Group A/D. Based on boring data, soils at the Site consist generally of loose to medium dense fine sand with varying amounts of clay and shell fragments from the ground surface to depths of about 43 to 48 feet followed by moderately hard slightly clayey, poorly cemented sand and shell and sandy shell to depths of about 58 to 63 feet, in turn followed by alternating layers of lose to medium dense slightly clayey to clayey fine sand with shell fragments and medium stiff to stiff clay to the termination depth of our deepest boring at about 100 feet (Ardaman, 2015). Groundwater in the boreholes of the SPT borings was observed at depths of approximately 0.5 to 2 feet below the ground surface in the area of the OCEC and at depths of about 3 to 7 feet beneath the entrance roadway. 3.3.1.3 Geologic Maps Figure 3.3.1-2 provides a map depicting Pleistocene age marine terraces of Okeechobee County. Figure 3.3.1-3 provides an isopach map of the Surficial Aquifer. The low-permeability Hawthorn Group underlies the Surficial Aquifer. Attachment lb PRL 200 September 2015 3-18 14-14979 3.3.2 Subsurface Hydrology 3.3.2.1 Subsurface Hydrologic Data for the Site Aquifers There are three major components to the subsurface hydrogeologic framework of southern Florida and the Site: the unconfined surficial aquifer; the confined FAS; and the nearly impermeable sediments of the Hawthorn Group,wluch separate the two aquifer units. Surficial Aquifer System Although the thickness of the surficial aquifer system is generally between 100 and 250 ft thick in Okeechobee County, it is expected to be approximately 100 ft thick in the vicinity of the Site. The surficial aquifer in the vicinity of the Site is unconfined and consists of layers of silt, clay, sand, and shell of the undifferentiated Holocene to Pliocene age sedimentary deposits. The yield from wells installed within the surficial aquifer in Okeechobee range between 10 and 400 gallons per minute (gpm) and the specific capacity(calculated from the South Florida Water Management District well completion reports)ranges from approximately 3 to 50 gpm/ft(Bradner, 1994). The higher yields are from wells that are installed deep enough within highly productive coarse sands and shell zones. Based on the SJRWMD East Central Florida Steady(ECFS)Model,the transmissivity of the surficial aquifer in the area of the site is approximately 1,703 ft2/day. Based on the characteristics of the soils at the depth of the water table(predominately fine sand),the specific yield is likely between 0.15 and 0.25. The surficial aquifer is recharged by rainfall and the downward percolation of irrigation water. The water table fluctuates in response to changes in seasonal precipitation amounts, evapotranspiration, and pumping. In Okeechobee County, the surficial aquifer water table ranges from land surface to 10 ft bls. Most of the domestic and public supply wells in Okeechobee County withdraw from the surficial aquifer(Bradner, 1994). Intermediate Confining Unit The intermediate confining unit(ICU)consists of the clay-rich,fine grained deposits of the Hawthorn Group. The clay-rich deposits form a confining unit that separates the Surficial Aquifer System from the deeper artesian FAS. The ICU is expected to be approximately 275 ft thick at the Site and extend to a depth of 400 ft bis (Scott T. M., 1988). The Hawthorn Group is frequently referred to as the Intermediate Aquifer; however, it is anticipated to have very limited productivity at the Site due to low permeability. The overall hydraulic conductivity of the Hawthorn Group is very low and provides good confinement for the underlying FAS. The calibrated ECFS groundwater flow model developed by the St. Johns River Water Management District uses a transmissivity of 1,938 feet squared per day [(ft)/day) for the layer representing the combined Intermediate Aquifer System (IAS) and ICU. The ground water flow model suggests a leakance coefficient of 6.8 x 10-6 feet per Attachment 1 b PQt_ 201 September 2015 3-19 14-14979 day per foot(ft/day/ft)for the ICU at the OCEC Site. The highest value of ICU leakance within a 10- mile radius of the site is 1.0 x 10" ft/day/ft; the lowest value of ICU leakance within a I0-mile radius of the Site is 6.0 x 10'6 ft/day/ft. Floridan Aquifer System The FAS in the vicinity of the Site consists of the Upper Floridan Aquifer (UFA), Avon Park Permeable Zone (APPZ) also known as the Middle Floridan Aquifer (MFA), and Lower Floridan Aquifer (LFA) and us comprised of limestone, dolomitic limestone, and dolomite that range in age from Paleocene to Eocene. In Okeechobee County, the FAS is generally between 2,700 and 3,000 ft thick (Bradner, 1994). The Avon Park Formation, except for the APPZ/MFA, is generally less permeable than the UFA and LFA and is often referred to as the middle confining unit. Most wells installed in the Floridan Aquifer in Okeechobee County range between the depths of 750 ft to 1,200 ft b1s. In the northeastern portion of Okeechobee County, the wells are typically installed to more shallow depths between 600 and 700 ft bIs to avoid brackish water(Bradner, 1994). Upper Floridan Aquifer The top of the UFA in most of the county is encountered at a depth of approximately 400 ft;at the top of the white, foraminiferous, carbonate rocks that correspond to the Ocala Limestone. The UFA consists of the Ocala Limestone and the upper portion of the Avon Park Formation. The UFA is under artesian pressure and serves as a source of brackish water in South Florida. The base of the lowermost Underground Source of Drinking Water(USDW) is anticipated to be located in the upper portion of the Avon Park Formation at a depth of approximately 1,550 ft bls at the Site(Reese, 2004). The potentiometric surface in the vicinity of the Site typically ranges from approximately 40 to 50 ft msl and slightly fluctuates between the dry and wet seasons(Bradner, 1994). Previous testing of the yield, transmissivity and specific capacity values of wells installed within the Upper and Lower Floridan Aquifers throughout Okeechobee County are referenced from the data compiled in the USGS Water-Resources Investigations Report 92-4166, titled, "Ground-Water Resources of Okeechobee County, FL" (Bradner, 1994). The yields from wells installed within the UFA in Okeechobee County range between 50 and 1,500 gpm. The transmissivity is generally less than 10,000 ft/day, which is much lower than the typical transmissivity values in much of Florida that are between 100,000 to greater than 1,000,000 ftZ/day. Specific capacity ranges from approximately 2 to 100 gpm/ft throughout Okeechobee County in the UFA. A well installed approximately 7 miles southeast of the Site within the UFA to a depth of 686 ft bls recorded a A;%7��o Attachment 1 b '�- 202 September 2015 3-20 14-14979 transmissivity of 20,000 ftz/day and a specific capacity of 100 gpm/ft. The SJRWMD ECFS Model uses a transmissivity of 84,400 f2/day in the UFA. Middle Confining Unit and the Avon Park Permeable Zone The Middle Confining Unit (MCU) underlies the UFA separating the UFA and LFA and is characterized by lower permeability (hydraulic conductivities) than the UFA and LFA. The lithologies are typically mictitic limestones, dolomitic limestones,and dolomite. The MCU is located within the Avon Park Formation at a depth of approximately 750 ft bls and the overall thickness is approximately 800 ft at the Site. The MCU is divided into two parts (MCI and MC2)by the APPZ. Based on the ECFS Model, the APPZ is approximately 417 feet thick at the Site. The ECFS Model uses a leakance value of 0.034 ft/day/ft for MCI and a value of 6.1 x 10-4 ft/day/ft for MC2. The transmissivity of the APPZ in the ECFS Model is 1.66 x 106 W/day in the vicinity of the Site. Lower Floridan Aquifer The LFA consists of the lower portion of the Avon Park Formation and the Oldsmar Formation. The LFA consists of several permeable zones separated by extensive confining intervals. The lower portion of the LFA contains a zone of cavernous permeability, called the Boulder Zone. The Boulder Zone is typically developed in fractured dolomite in southern Florida and at the Site. The top of the Boulder Zone is anticipated at a depth of approximately 2,600 ft bls at the Site. The base of the LFA is expected to be encountered at a depth of 3,200 ft bls at the Site. ,Two deep injection wells have been installed in Okeechobee County and are installed to a depth of approximately 3,200 and 3,500 ft bls. 3.3.2.2 Karst Hydrogeology Karst terrains develop in areas underlain by carbonate rocks such as limestone. They often have drainage systems that are reflected on the surface as sinkholes,springs, disappearing streams, or even caves. According to Map Series No. 10, Sinkhole Type, Development, and Distribution in Florida (William C. Sinclair and J.W. Stewart, 1985), the site is located in Area 11, where the cover is reported to be 30 to 200 ft thick. In these areas, sinkholes are reported to be few, shallow, of small diameter and develop gradually. Furthermore, within the prior boring drilled at the Area II site, indicators of karst geology such as voids or loss of circulation were not encountered. There are no karst topological features in the region(Ardaman,2015). Attachment 1 b Fps. 203 Sgptember 2015 3-21 14-1497 3.3.3 Site Water Budget and Area Users , 3.3.3.1 Site Water Budge The Site is located in east-central peninsular Florida within the south Indian River Lagoon Basin, where the climate is characterized as subtropical humid with a high annual rainfall, and moderate temperatures. The annual average temperature is approximately 74 degrees Fahrenheit (°F) and the majority of the annual rainfall occurs during June through October (Bradner, 1994). Figure 3.3.3-1 illustrates the monthly average minimum, mean, and maximum temperature and the monthly average precipitation in the vicinity of the Site for the period from 1981 to 2010. Available rainfall data for Fort Drum, Florida showed a mean annual rainfall between the years of 1943 to 2006 of about 51.61 inches [SJRWMD, National Oceanic and Atmospheric Administration (NOAA), 2015]. Annual average lake evaporation in the area of the Site is approximately 48 inches per year; evapotranspiration is approximately 36 inches per year (Fernald and Patton, 1984). As discussed below in Section 3.3.4, based on data from the Fort Drum gaging station, the total annual average surface runoff (direct and indirect) in the vicinity of the Site is approximately 11.9 inches/year; and peak runoff rates can be 10 times the average. Therefore, the net annual average surficial aquifer recharge is approximately 3.7 inches/year [51.6-36-11.9]. Peak runoff rates may be as high as 8.8 cfs/sq. mile of drainage basin area. 3.3.3.2 Area Users Surface water and groundwater use in the vicinity of the Site is regulated by SJRWMD. Information gathered from the SJRWMD was used to prepare the following summary of water uses near the Site. Figure 3.3.3-1 presents the water use permits within 5 miles of the OCEC Unit 1. The primary water source identified by SJRWMD is from the Upper Floridan Aquifer and Floridan Aquifer, with the closest active wells located northeast of the OCEC Unit 1. To the southwest of the OCEC Unit 1, there are several Floridan Aquifer wells associated with the Florida Turnpike Fort Drum Service Plaza. 3.3.4 Surf:cial Hydrology The Site is located in the Upper St. Johns River watershed. Soils in the upland areas are generally Myakka or Basinger fine sand (>80 percent) with 0 to 2 percent slopes. These soils are poorly drained under natural conditions, with the depth to water between 6 and 18 inches. The Hydrologic Soil Group for these soils is A/D. Within the Site, there are several small surface water features including ditches, canals, ponds and wetlands. Much of the Site has been used for citrus, cattle, and other agricultural purposes. There are Attachment 1 b Ppt- 204 September 2015 3-22 14-14979 no large natural lakes, rivers or streams on the Site. The closest lake is Blue Cypress Lake, which is approximately 4.5 miles northeast of the OCEC Unit I Blue Cypress Lake is approximately 6,500 acres in size, with an average depth of approximately 8 feet. There are several streams, creeks, or ditches that enter Blue Cypress Lake from the south and west. Padgett Branch is the closest stream to the Site, located approximately 2 miles to the north. The gaging station on Padgett Branch and State Road 60(SJRWMD Station 10991415)has a median flow of 13 cfs, but ranges between 0 and 191 cfs. The closest large creek in Okeechobee County is Jim Green Creek, located approximately 3 miles to the southwest. This creek parallels the west side of the Florida Turnpike and flows under the Florida Turnpike south of the Ft. Drum Rest Area. The flow at this Iocation (SJRWMD Station 11001520)was measured once at 0.34 cfs. Jim Green Creek flows into Fort Drum Creek and continues south. Fort Drum Creek is gaged as it crosses the Florida Turnpike(USGS Station 02231342). At this gaging station,the flow is between 0 and 467 cfs and the average flow is 46.5 cfs. Given that the drainage basin is 52.6 square miles, the annual average runoff from this drainage basin equals 0.88 cfs/sq.mile, or 11.9 incbes/year. Surface water in the vicinity of the site is classified by the State as Class III fresh water. 3.3.4.1 Measurement Programs No surface waters will be directly affected by OCEC Unit 1. Chemical and Physical parameters will be obtained for the UIC Class V exploratory well permit as described in Appendix 10.2.8. The models used to determine groundwater impacts of the Project are presented in Appendix 10.9. 3.3.5 Vegetation/Land Use Characteristic vegetative communities/land uses within the Site and associated linear facilities were classified utilizing the FLUCFCS Level III (FDOT, 1999) during field reconnaissance conducted in November through February 2015. Vegetative communities within and adjacent to the approximately 2,341-acre Site proposed for certification are discussed in detail in Subsection 3.3.6.1, including the approximately 220-acre proposed location for the OCEC Unit 1 and approximately 104 acres of adjacent open space, the 1,629-acre area proposed for potential future solar generation, and the approximately 376-acre mitigation area (Figure 3.1-2). Appendix 10.7.1.1 presents photographs representative of vegetation/land use classifications within each area of the Site. 3.3.5.1 OCEC Unit 1 The approximately 220-acre area of the Site proposed for construction of the OCEC Unit 1 is located in the north-central portion of the property. Existing vegetation/land use within the area is dominated by active citrus groves (FLUCFCS 22 1) bisected by manmade inigation ditches (FLUCFCS 511), Attachment 1 b PPL 205 FPL, ! May 5, 2015 I James Stas 39502 NW 24th Dr#Mh Okeechobee, FL 34972-4226 i I Dear Neighbor, On behalf of Florida Power&Light Company, I'm writing to provide you with preliminary Information i about a potential new clean energy center that could be developed near your property in Okeechobee County. I also want to invite you to attend one of the open houses we have scheduled where you can learn more about our plans. Our potential new facility would be located on property that FPL owns In northeastern Okeechobee ' County.We're sending you this invitation because records indicate you live or own property within five miles of the site.Although the project is still In the early stages of development,we're I committed to keeping our neighbors and the local community Informed, and we value your Input. The two open houses are scheduled for: Okeechobee County Indian River County t Tuesday,May 26 Monday,June 1 4-7p.m. 4-7p.m. Indian River State College Indian River State College - Williamson Center - Richardson Center 2229 NW 9'"Avenue 6155 College Lane Okeechobee Vero Beach FPL representatives will be on hand to share information about our potential new clean energy center as well as answer your questions and receive your feedback. We Invite you to drop by to view the various exhibits and speak with members of our project team.The format will be Informal,so you j can come and go as your schedule permits, f FPL needs additional power generation to meet our customers'future energy needs. If we decide to ! move forward with this potential new facility,there will be multiple opportunities for public Input during a thorough governmental review—a comprehensive permitting process expected to last 12- I 16 months—before construction could begin.The facility would begin operations in 2019. An overview of the planned facility is enclosed,and additional preliminary Information is available on our website at www.FPL.com/AffordableCleanEnorgy. If you are unable to attend one of the open I houses,feel free to provide feedback to us via email at:AffordableCieanEnergy@FPL.com. i We look forward to sharing additional Information with you as we continue to develop plans for the potential new clean energy center In the months ahead. Sincerely, Stephanie Mitrione External Affairs Manager 4 Florida Power&Light Company 700 Universe Boulevard,Juno Beach,R 33408 t f Attachment 1 b 206 Tuesday, FPL files with DEP a list of the landowners and residences notified in accordance with §403 5115, 403.5115(6)(b) November 24, 2015 F S LOCAL GOVERNMENTS (or the Regional Planning Council) provide notice to all parties if electing to hold 403 50663(3) Wednesday, optional informational public meeting (The Regional November 25, 2015 Planning Council may hold such a meeting if a local government does not. Notice must be provided not less than 5 days prior to the meeting, excluding Saturdays, Sundays, and holidays) LOCAL GOVERNMENTS(or the Regional Planning Council) provide newspaper notice of informational 403 50663(3) Wednesday, public meeting (The Regional Planning Council may 403 5115(5) November 25, 2015 hold such a meeting if a local government does not. Notice must be published not less than 7 days prior to the meeting) Monday, November Deadline for DEP to publish Florida Administrative 403 5115(4)(c) 30, 2015 Review notice of County's determination of land use and zoning consistency. Monday, November FPL publishes newspaper notice of County's 403 5115(1)(c) 30, 2015 determination of land use and zoning consistency Deadline for LOCAL GOVERNMENTS (or the Friday, December Regional Planning Council)to hold optional 403.50663 1 4, 2015 informational public meeting. (The Regional ( ) Planning Council may hold such a meeting if a local government does not.) Friday, December FPL files additional information in response to DEP's 403 5066(2)(b) 4, 2015 1st determination that the SCA is incomplete Wednesday, Deadline for NON-LISTED AGENCIES and PUBLIC 3 403 508 December 9, 2015 INTEREST GROUPS to file notice of intent to be a ( )(c) party to the proceeding. Monday, December AGENCIES submit recommendations regarding the 403 5066(4) 21, 2015 completeness of the SCA to DEP in response to FPL's additional information. Monday, December Deadline for SUBSTANTIALLY AFFECTED 403.50665(4) 21, 2015 PERSON to file petition for hearing on a local government's land use determination Monday, December DEP issues 2nd Completeness Determination on the 403 5066(4) 28, 2015 SCA. Monday, December ALJ schedules hearing on land use (if a petition for 28, 2015 hearing was filed by a substantially affected person) 403 508(1)(a) 2 Attachment 2 208 Deadline for DEP to publish Florida Administrative Tuesday,January Register notice of land use hearing before the ALJ (if 403 508(1)(b) 26, 2016 a petition for hearing was filed by a substantially 403 5115(4)(d) affectedperson) Tuesda Janua Deadline for FPL to publish newspaper notice of land y' ry use hearing before the ALJ (if a petition for hearing 403 508(1)(b) 26, 2016 was filed by a substantially affected person) 403 5115(1)(d) Monday, February AGENCIES file preliminary statement of issues 8, 2016 403 507(l) Wednesday, ALJ conducts hearing on the challenge to the February 10, 2016 ay, February determination of land use consistency, if one Thursday, 403 508(1)(a) 11, rsd (schedule assumes a 2-day hearing) Monday, February Deadline for PSC to issue Agency Report/Need 403 507(4)(a) 22, 2016 Determination Monday, March 14, ALJ issues Recommended Order from hearing on 2016 land use consistency 403 508(1)(d) Tuesday, March 22, Deadline for LISTED AGENCIES to file notices of 403 508(3)(b) 2016 intent to be a party to the Certification Hearing. Wednesday, April AGENCIES issue reports as to matters within their 6, 2016 jurisdiction 403 507(2)(a) Friday, April 15, FPL publishes newspaper notice of Certification 403 508(2)(b) 2016 Hearing and notice of the deadline for filing notice of 403 5115(1)(e) intent to be a party Monday,April 25, Deadline for DEP to publish Florida Administrative 2016 Register notice of Siting Board Hearing on land use 403.5115(4)(e) consistency. Friday, May 6, 2016 Deadline for DEP to publish Florida Administrative 403 508(2)(b) Register notice of Certification Hearing 403 5115(4)(f) Friday, May 6, 2016 DEP files Project Analysis Report 403 507(5) SITING BOARD hearing on land use consistency (NOTE The Siting Board typically meets on Tuesday, May 10, Tuesdays. The deadline reflected in the schedule is 2016 for the last Tuesday within the deadline for the 403 508(1)(d) hearing established by the PPSA. The actual hearing date is subject to change.) 3 Attachment 2 209 Monday, May 23, Deadline for INTERVENORS to file motions to 403 508(3)(e) 2016 intervene in the Certification Hearing Tuesday, May 24, Earliest date to request that ALJ cancel the 2016 Certification Hearing and relinquish jurisdiction to 403 508(6)(a) DEP if all parties stipulate. Tuesday, May 31, Deadline for ALJ to issue order granting or denying 2016 the request to relinquish jurisdiction based on earliest 403 508(6)(b) request date to cancel Certirication Hearing. Deadline for PARTIES to submit Proposed Friday,June 10, Recommended Orders to DEP if ALJ has 2016 relinquished jurisdiction(based on earliest relinquish 403.508(6)(d)(2) date) Wednesday, June FPL to have published newspaper notice of cancellation of Certification Hearing if ALJ has 403.508(6)(c) 15, 2016 relinquished jurisdiction 403 5115(4)(h) Deadline for DEP to have published Florida 403.508(6)(c) Wednesday, June Administrative Register notice of cancellation of 403 5115(1)(g) 15, 2016 Certification Hearing if ALJ has relinquished jurisdiction Monday, June 20 2016 ALJ conducts hearing on Site Certification (schedule 403 508(2)(a) Friday,June 24, assumes a 5-workday hearing) 2016 Monday,July 11, Deadline for DEP Secretary to issue Final Order on 403 508(6)(d)1 2016 Certification if ALJ has relinquished jurisdiction. 403 509(1)(a) Monday,August ALJ issues Recommended Order on Site 15,2016 Certification (schedule assumes hearing transcripts 403 508(5) are filed 5 working days after the hearing concludes) Monday, Deadline for DEP to publish Florida Administrative September 26, 2016 Review notice of Siting Board Hearing on Site O(403 5115 4 i) Certification SITING BOARD hearing on Site Certification. (NOTE The Siting Board typically meets on 403 509(1)(b) Tuesday,October Tuesdays The deadline reflected in the schedule is 11, 2016 for a Tuesday hearing date within the deadline for the hearing established by the PPSA. The actual hearing date is subject.to change.) 4 Attachment 2 210 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL OKEECHOBEE CLEAN ENERGY CENTER SITE CERTIFICATION APPLICATION INDIAN RIVER COUNTY (IRC) I. Traffic IRC-1. The applicant and its representatives have coordinated with Indian River County Traffic Engineering and submitted a traffic impact study. Based on that study, Traffic Engineering and the Public Works Director have determined that an eastbound right turn lane on SR 60 at the Main Project Entrance is required. That required improvement needs to be reflected in a revised application section 5.7.2, current page 5-18. Section 6.9.1 (current page 6- 20)and possibly other figures and/or sections need to be updated accordingly. RESPONSE: Based on coordination with FDOT, the proposed geometry and projected peak construction traffic volumes do not require the construction of an eastbound right turn lane on SR 60. As described in SCA Section 5.7.2, Section 6.9.1, and Appendix 10.7.3, the existing level of service B for SR 60 will not be degraded during construction or operation of the Project. Traffic during ' operation of the Project will comply with all applicable non-procedural requirements, including section 952.06, Indian River County Code and the Transportation Element of the Indian River County Comprehensive Plan. More specifically as it relates to an eastbound right turn lane on State Road 60, Section 952 10, Indian River County Code, requires a turn lane where a project equals or exceeds 75 vehicles during the peak hour for right turn movements. As stated in Section 6.9.1 of the SCA, estimated traffic volumes during operation of the Project include approximately 60 total daily trips from all directions. Thus, a turn lane is not required during operation. FPL does not believe that an eastbound right hand turn lane is necessary during construction that is temporary; however, based on the request of Indian River County Traffic Engineering and the Public Works Director, FPL will construct an eastbound right hand turn lane. FPL will provide the design details prior to certification or via a post certification submittal. FPL will work with the appropriate reviewing agencies to develop a condition of certification, if necessary II. Emergency Services IRC-2. Section 3.2.8.3 Medical Facilities: The application states "There are nine hospitals within 30 miles of the Site." A MapQuest sear=ch for road miles, with a starting point at the Main Project Road/SR 60 entrance,yields the following: • Indian River Medical Center is 25.2 miles Sebastian River Medical Center is 34.1 miles • Lawnwood Regional Medical Center is 35.9 miles • Raulerson Hospital is 42.2 miles • Florida Hospital Kissimmee is 66.3 miles It appears that the section needs to be revised accordingly.With respect to Indian River County Fire Rescue Station 7,the mileage appears accurate. RESPONSE: The reference utilized to determine the number of hospitals in the vicinity of the Project is US Hospital Finder (www.ushospitalfinder.com), not MapQuest. According to the referenced source, nine hospitals occur within 30 miles of the Site However, based on an apparent error in the source information, one of the nine, St Lucie Medical Center, is approximately 38 miles from the Site i 10 Attachment 3 211 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL.OKEECHOBEE CLEAN ENERGY CENTER SITE CERTIFICATION APPLICATION IRC-3. (Advisory) Staff agrees with FPL attorney Michael Tammaro's email to Indian River County staff dated September 30; 2015 wherein he suggests: l) a conference call with Indian River County risk management representative and 2) a future ILA (inter-local agreement) for reimbursement related to special emergency services. RESPONSE: Comment noted. A conference call was held on October 26, 2015 As stated in Mr. Tammaro's 9/30/2015 ernail, "FPL would agree as a condition of certification to reimburse Indian River County for the reasonable costs associated with special emergency sen ices in the event special emergency services outside those contemplated by a mutual aid agreement between Indian River County and Okeechobee County are performed Ill. Utility Services/Water Supply' IRC-4. Figure l under Appendix 10.9 should identify "Indian River County". RESPONSE: Comment noted, revised Appendix 10 9, Figure 1 is provided in Attachment IRC-4 IRC-5. Figure 4.5-1, it appears the water balance from the cooling tower may be a typographical error(466000). RESPONSE: The value is correct, it represents the circulating water floes, between the power plant and the cooling towers, and does not represent makeup or discharge from the system IRC-6. Wastewater from the water treatment system will be routed to the injection wells. As noted in the water balance on Figure 4.5-1, the peak short duration industrial wastewater sent to injection well from water plant is estimated to be 8.68 MGD when 11 MGD is being pulled from the UFA. This is very close to a single pass through scenario. 1 RESPONSE: The wastewater sent to the injection wells is collected in sumps with multiple pumps in each sump. When required, multiple pumps operate to empty the sumps. The wastewater flow rate of 8 68 MGD (6,025 gpm) referenced in comment IRC-6 as being sent to the injection well is a peak intermittent short duration flow that.occurs when multiple pumps operate simultaneously and does not correspond to 1 1 MGD (7,638 gpm) being pulled from the UFA The flow rate to the injection well corresponding to the I 1 MGD withdrawal from the UFA is 2.33 MGD (1,617 gpm) and corresponds to 5 cycles of concentration in the cooling tower IRC-7. Sample flows for domestic sanitary uses are shown on 4-16; therefore, the industrial/process WW flows (aka water plant effluent) should also be noted in the body of the text as well(i.e. Average injection 1.92 MGD, max month of 2.33 MGD & 8.68 MGD Peak). i RESPONSE: Although not specifically identified in the text, all quantities of water flows to and from the various plant water systems are shown on the Water Balance for OCEC Unit 1 contained in Figure 4 5-1, as required by Section 4.5 of FDEP's draft "Application Instruction Guide Electrical i Power Plant Sites and Associated Facilities Electrical Transmission Lines" dated September 1, 2009 i ' With regard to water supply, FPL provides these responses to Indian River County for informational purposes although the requests appear to be outside the scope of a completeness request for additional information,in accordance with Sections 403.5066 and 403.507(2)(a)(3), Florida Statutes. The County does not have authority s to regulate consumptive use of water under Section 373.217,Florida Statutes 1 I Attachment 3 212 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL OKEECHOBEE CLEAN ENERGY CENTER SiTE CERTIFICATION APPLICATION As shown oil Figure 4 5-1, the average waste water flow is 1,333 gpm (1 92 MGD), the nlax month average flow is 1,617 gpm (2.33 MGD) and the peak now is 6,025 gpin (8 68 MGD) IRC-8. Figure 8 under Appendix 10.9 should be extended to show the impacts of the l- foot drawdown contour. RESPONSE: The 1-foot contour on Figure 8 illustrates the cumulative impact of all users in the model area, which extends model-wide beyond the area of OCEC Unit 1 Figure 7 shows the drawdown impact due to OCEC withdrawals out to the 0 5-foot contour IRC-9. Also, if the 1-foot drawdown contour is to extend beyond the ECFS groundwater model, is it accurate to only use the subject model or should it be combined with the SEC model (which covers the east portion of Indian River County)? RESPONSE: The impact of OCEC Unit 1 is well within the boundaries of the ECFS model. There is no need to combine the ECFS and the SEC models to evaluate the impacts of the Project; in accordance with coordination between FPL and SJRWMD. TRC-10. When firing 1JLSD oil, when natural gas is not used, emissions of NOx will be controlled using water injection and SCR. How much additional water (process or treated) will be used in this effort? RESPONSE: The amount of water required for NOx control when ultra-low distillate oil (ULSD) is used depends upon the load of die combustion turbine (CT) and ambient temperature At an ambient temperature of 75° F. which is about equivalent to the annual average, approximately 470 gallons/minute is required for each CT at 100 percent load ULSD will only be used as a backup fuel, limited to no more than 500 hours/year per CT The water use when using ULSD for 500 (tours per year is included in the water balance shown in Figure 4 5-1 IRC-11. "A supplemental SCA describing the solar facility layout, engineering design, drainage system, and construction specifications would be submitted prior to development of the future solar generation area of the Site." How much process/treated Rater, if any, will be used in the future solar panel array for cooling? if water will be used, will this future additional water be factored into the CUP allocation being requested now? RESPONSE: FPL is not seeking a separate consumptive use permit for the OCEC Project. Rather, pursuant to Section 403 511(1), Florida Statutes, the certification will constitute "the sole license of E the state" for the construction and operation of the plant and associated facilities. Impacts, including potential water use associated with potential future solar generation on the Site, would be addressed in a supplemental site certification application under Section 403 517, Florida Statutes. Please note, however, that solar photovoltaic technology does not require cooling water No process/treated water will be used in the potential future solar facility for cooling. i IRC-12. Cooling Towers a) Cooling tower bactericides used in controlling microbial growth in the draft cooling tower should be evaluated to take into account drift that may affect neighbors, cattle, drivers on SR60,and visitors to the Fort Drum conservation area. b) Cooling towers, evaporative condensers, and fluid coolers use a fan to move air through a recirculated water system. This allows a considerable amount of water vapor and sometimes 12 Attachment 3 213 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL OKEECHOBEE CLEAN ENERGY CENTER SITE CERTIFICATION APPLICATION droplets to be introduced into the surroundings, despite the presence of drift eliminators designed to limit droplet release. This water may be in the ideal temperature range for Legionnaires' disease bacteria (LDB) growth, 20°-501C (681-1.220F). Good maintenance is necessary, both to control LDB growth and for effective operation. Does the report address either of these issues? c) OCEC Unit 1 will utilize water from the UFA, with the expected water quality resulting in deposition ranging between 2.6 and 6 kg/ha/month within 2,000 meters of the cooling towers. These values are within the range of natural background deposition and are not anticipated to result in any adverse impacts to vegetation in the vicinity. Are these figures based on virgin process water or 5th cycle concentration? RESPONSE: a) As described in SCA Section 4 6.1. intermittent shock chlorination or other oxidizing or non-oxidizing biocides will be used to prevent biofouling of the heat rejection system These biocides are added based on the waterchemistry in the cooling tower to levels that will perform their function while reducing the amount of biocides needed This reduces the concentrations in the cooling tower circulating water to minimize concentrations in cooling tower drift. The residual concentration of biocides will be at very low concentrations vpith maximum concentrations after use less than few parts per million These concentrations decrease with time until the next biocide treatment. In addition, the drift exiting the cooling tower is controlled so that the amount of drift is 20,000 times lower than the quantity water recirculated in the cooling tower The deposition of drift also is greatly reduced in distance from the cooling tower as shown in 'Table 6 1 4-3. The combinations of low biocide residual concentrations, drift control and dispersion will result in no adverse impacts to the areas surrounding the FPL property b) While the SCA does not specifically address Legionella formation in the OCEC cooling tower.. as described in SCA Section 4 6.1 biocides are used to control biofouling. Cooling tower water quality ' and its operation are critical to the overall efficiency of OCEC FPL continually measures and ' maintains water quality to mitigate formation of biofouling agents Periodic use of biocides, such as that planned for OCEC, ensures control of Legionella growth (Occupational Safety and Health t Adininistration, OSHA Technical Manual, Section 111, Chapter 7, Section V Controls; https.//w-ww.osha.gov/dts/osta/otm/otm_iii/otin_iii_7.html#5) c) The deposition analyses are based on 5 cycles of concentration. It is therefore assumed that the i concentration in the circulating eater is 5 times higher than the makeup water supplied to the cooling tower. IRC-13. If a regional WW facility becomes available at the OCEC, should connection of the facility to domestic WW be a condition of the certification/permit? RESPONSE: As stated in Section 4 5.2 of the SCA, at this time there are no regional sewage collection systems within 10-20 miles of OCEC Unit 1; nor is FPL aware of plans for such a system to be available in the foreseeable future. However, if proposed; FPL is willing to accept a condition of certification requiring FPL to evaluate connection to a regional wastewater facility for domestic wastewater. In accordance with FDEP's first determination of incompleteness suggesting that FPL propose conditions of certification where appropriate, FPI., proposes the following condition of certification. 13 Attachment 3 214 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL OKEECHOBEE CLEAN ENERGY CENTER SITE CERTIFICATION APPLICATION If a regional wasteivater facility becomes available in the vicinitc of OCEC 1;1!11 1, FPL shall evaluate the practic•ahility of using the regional wostelrater facility for disposal of domestic wastewater. I'RC-14. Have OCEC' s engineers looked at the feasibility of going to a "zero liquid discharge" system for the RO/NF concentrate (Water plant wastewater) such as the anion exchange system in use at Palm Coast utilities? RESPONSE: The project includes all measures required for wastewater disposal. Zero liquids discharge (ZI-D) systems are difficult to maintain resulting in system outages for routine maintenance, mayor component replacement.. and unexpected forced outages Because of these difficulties in operating a ZLD system, adding a ZLD system to the plant would not eliminate the need for the current wastewater system including the UIC wells. The ZLD system would cost approximately $20 million to install, operate and maintain on a net present value basis In addition a ZLD system would impose a significant auxiliary plant load ofapproxlmately 5 :MW and a resultant heat rate increase of 20 Btu/kWh which would result in an approximately $15 million net present value impact as compared to the current plan The overall impact to the project would be $35 million net present value which cannot beJustified by any benefits from the installation of the system IRC-15. Section 5.3: What is the age of existing 10" artesian well? Please confirm the casing is in good shape and that there are no lateral leaks of artesian water. RESPONSE: The 10" artesian well was in existence when the property was purchased by FPL. No records exist regarding the installation of the well, therefore the age is unknown. FPL is not aware of anv surveys or tests performed on the well casing, however, the well is currently permitted and in use for agricultural purposes and there are no indications of problems. IRC-16. Section 5.3.1 states "Dewatering of the surficial aquifer will have no adverse impact on water levels or water supplies in the Upper Floridan Aquifer because the two aquifer systems are hydrologically separated by almost 300 feet of a clay-rich confining unit. What effect, if any, will the "dewatering of the SAS" have on the Fort Drum Marsh Conservation Area? As noted, the SJRWMD's Fort Drum Marsh Conservation Area is located adjacent to the Site, on the eastern boundary. RESPONSE: The impacts of dewatering during construction are discussed in SCA Section 5.2 1 and the detailed calculations supporting the dewatering impact assessment are in SCA Appendix 10.8 The conclusion is that dewatering impacts will be confined to the OCEC Unit 1 area and will not adversely impact off-Site surface waters or wetlands. Dewatering impacts will be temporary and will be in an area already impacted by construction of OCEC Unit 1. Consequently, dewatering impacts will not adversely impact Fort Drum Marsh Conservation. Area that is located east of the Site IRC-17. Section 6:8 should list IRC Utilities which has 1 MGD reuse available now. Transmission logistics from IRC to OCEC remain (to be determined). RESPONSE: FPL evaluated the cost of delivering the IRC Utilities 1 MGD reuse water to OCF_.C: It was determined that it would cost more than $56 million to install the pipeline and equipment to allow use of the water at OCEC This cost does not include any additional treatment required at the existing iRC Utilities facility to meet the OCEC water quality criteria. Currently the reuse water does not meet FPL's quality needs in addition, due the small quantity of reuse water available, the reuse 14 Attachment 3 215 December 2015 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 14-14979 RESPONSES TO COMPLETENESS COMMENTS FPL OKEECHOBEE CLEAN ENERGY CENTER SITE CERTIFICATION APPLICATION water would not eliminate the need for the number of Floridan aquifer �kells Therefore, reuse of I MGD as part of the OCEC Project is not practicable IRC-18. Report states "Additionally; using groundwater with higher chloride concentrations could reduce acceptable cooling tower cycles of concentration which in turn would increase the amount of groundwater withdrawals required for makeup and increase the discharge rate to the injection wells." Agreed. but additional process treatment technologies exist that can lessen chloride concentrations prior to cooling tower use. Has use of such technologies been considered? RESPONSE: Yes, please see response to comment SIRWMD-8 TV. Planning IRC-19. (Advisory) Staff acknowledges that FPL is working with the County on an impact fee issue that is subject to the FPL/IRC franchise agreement and on a future I.LA regarding special emergency services. It is staffs understanding that these issues will be addressed by mutual agreement prior to commencement of project construction. RESPONSE: Comment noted, also please see response to comment IRC-3. i 15 Attachment 3 216 B R E V A R D - -- I � -------,---------------------- -----------••i \'y'• e FS 10 LLI O S C E O L A SAF Blue' 1 , ylcjI N D I A N R I V E R - P O L K `� I Lake Yeehaw ` t Junction �� i� FS 7 ------------+-------------------------------' -------- }FPL } ;Okeechobee .1 I----------- r O K� E E C H O B E E FS 4 X17 j S T L U iC I; E H I G H L A N D S 98 t !< 70 FS 1 tr----- - 0 70 3 --- FSS 2 CD ------------------------ - I _ �_ _ - -� � s I A I G L A D E S Lake M A R T I N - . . OkBeChobee. r l N J B R E V A R D ------ ------------------- FS - --- ----- \ ', \� ,� ti � �•"°j � I .11,x '1 .. ' O 3 C E O L A tti ` I N D I A N R I V E R60 P O L K j Lk Yeehaw �\ Junction !t FS 7 . FS 3_ -------------i ------------------------------ ------- FPL60 E Okeechobee -1 1------------i---------------------------- �! --i=---=-- r. gat•- I O K E E C H O B E E ,- -- - I S T L UIC I i E H I G H L A N D S Distances from Fire Stations to FPL Okeechobee �f TO OKE FS 4 to FPL: 30 miles 4 FS 1 , n , 70 I ! 3Fig yCD ! _�... �, •,i" -------------------------- �. j------------------------------------_-__ A I G L A D E S Like 'Okeechobee M A R T I N N rr 00 B R E V A R D ------------------------- FS --- -------------------- FS 10 i O9S TT - h �. O S C E O L A L 8 I N D I A N R I V E R - ..1 P O L K `I-\ I hake Yeehaw Junction FS 7 ! FS-3-i--. FS -------------:=---------------------------- -------- i ;- — E FPL } ,Okeechobee ! ------------ I S., \V--- 0 K' E E C H O B E E FS 4 47 H I G H L A N D S �� I Distances from Fire Stations c 98 to FPL Okeechobee 1 D - Fs 1 70 'i OKE FS 4 to FPL: 30 miles - OKE FS 1 to FPL: 42 miles '° ; r Fs 2 . a G L A D E S teRe S j Okeechobee, \, i I M A R T I N i N �O B R E V A R D--------------------- , FS 10 l' r O S C E O L A P O L K 60 I i ,Lake i Yeehaw � I. >,• Junct -- �� FS 7 ' FS-3 ------------------------------------------ -------- SO + FPL .Okeechobee Okeechobee i '- _� I----------- say•-';-- .. i ,- Distances from Fire Stations to FPL Okeechobee s O K, E E C H O B E E OKE FS 4 to FPL: 30 miles FS 4 OKE FS 1 to FPL: 42 miles -,-�`,, OKE FS 2 to FPL: 46 miles H I G H L A �NJJ D S J ` 98 70 D FS 1 GG . 0 70 � -------------------- FSS 2 � � \ i --- � J i------------------------------------_' A 'G L A D E S LBke :'.ti i bee t A R T I N I " �• I •Okeechoi M iy ` ?� , .,. • ",.� .¢� �d:,y• �___. _ .-----------._.__._._._.... ...�_.__.—__._ .-.._ j � ter, � 1 N N O Okeechobee County Fire Rescue Apparatus and Personnel , Fire Station Apparatus 2 Paramedic Ambulances CD .Fire ,Station 2 - � Tom. � . ;1�;Pa;ramedic`Engine- '. 1 Paramedic Rescue 1 Paramedic Rescue 2 personnel Source: • • • • • • N N F-+ • `�'��� - -- I B R E V A R D —... -- c I ' I-L-----------------------------------------,-� \' ,�ti. FS 10 O S C E O L A o I N D I A N R I V E Rso I 1 P O L K Yeehaw f Junction I I_ . , '� ! FS 7 ' FS 3 , ------------, ------------------------------ ------ I FPL j Okeechobee I O K E E C H O B E E FS -- = S T L U !C ISE _R H I G H L A N D S `sy - Distances from Fire Stations 98 i to FPL Okeechobee f � D ? -Fs '° ` ' IRC FS 7 to FPL: 18 miles 70 ' F,S 2 CD jI------------------------------------- G L A D E S Lake T I N I ;Okeechobee N N N B R E V A R D lG. ------ — -----------;------------i 441 ---; --,-,� FS 10 ;t ' G L_ . __ L0 S c I N D I A N R I V E Rso J y P O L K `�� I L'eM i Yeehaw Junction I I f-. FS 7 ' FS'3-' -------------;f------------------------------'— ------ — ! - FPL Okeechobee ----------- ` Distances from Fire Stations to FPL Okeechobee OK+ EECHOBEE I IRC FS7toFPL: 18 miles -7 _ Fs a IRC FS 10 to FPL: 20 miles H I G H L A N D S �7 _ _ i I i !� �i'• '_.Z „.. 98 70 70 F�S2CD _ ---------------------------;L , - _ .,, . --------------------------------_- G L A D E S ; I t Leke 4•'" iM A R T I N — ' I OkeeChoDee � ' i N N W B R E V A R D • �p9FS 10i O S C E �arae L I N D I A N R 'I V E R 80 P O L K I Lake'. i " 1 i ' 1 Yeehaw I . � I � - k �` • Junction I ' ' FS7 ------------I`------------------------------' -------- i- E FPL - - ;�:' ' 1 .Okeechobee I------------I----------------------------I--i 441 i Distances from Fire Stati OD ons to FPL Okeechobee EECHOBEE ' IRC FS7toFPL: 18 miles OK _ - Fs a IRC FS 10 to FPL: 20 miles IRC FS 3 to FPL: 23 miles I H I G H L A N D S 1 r 98 D FS 70 ' i n - -ro 2 I- --- --- --- — \ N". . G L A D E S , M A R T I N Okeechobee �, i ! M N N A lrU��IX:JISIIIJIJU ° o o .�� o F.ire,Station. 7 1:`Paramedic Engine- 1 Paramedic Ambulance 5 pe,rsonnea � Fire Stat'ion: 1'0 V' 1 Pa.ra,m'ed:ic Engine , 1 Paramedic Ambulance 5 personnel Fire Station 3, s 1 Paramedic Engine , 4 1 Paramedic Ambulance 5.personnI� CD M � , . . N N B R E V A R D Z !--------------I---)------------------------ \ 't a� 441 FS 10 T. O S C E O L A I N D I A N R I V E R - ', „ P O L K ��,' \ i Calla !. ._' Yeehaw + Junction FS 7 FS 3-I_.___.: � --------------J ,----------------------------- -------- FPL :a 'Okeechobee 1 'Okeechobee r I----------- — �" Distances from Fire Stations to FPL Okeechobee OKEECHOBEE FS ; OKE FS 4 to FPL: 30 miles �.. - ; OKE FS 1 to FPL: 42 miles OKE FS 2 to FPL: 46 miles H I G H L A N D S rry rpy„ 1 I ^13 98 IRC FS 7 to FPL: 18 miles D 70 IRC FS 10 to FPL: 20 miles 4 Fs IRC FS 3 to FPL: 23 miles 0 7G , E FS 2 --------------------------�� ; ' ---------------�=_` � I G L A D E S }"� Cake� ;.,� ;---------------------- �. 'Okeechobee ` i ' I M A R I N T ! ' N N 01 OKEECHOBEE COUNTY FIRE RESCUE 131_( ry �G V — 707 NW 6th Street Okeechobee,FL 34972 (863)763-5544 FAX(863)7634565 Mr. William K DeBraal March 16, 2016 Deputy County Attorney 1801 27`" Street Vero Brach,Florida 32960-3365 Re: Public Records Response Dear Mr. DeBraal, In response to your Public Records Request I offer you the following information: #1. Okeechobee County does not have a Hazardous Materials team at this time. Therefore, we do not have any Level A Hazmat suits. We have eight members that have taken the 160-hour Hazardous Material Technician training course. #2. Okeechobee County Fire Rescue is a Light Technical Rescue Team-Type II and is identified as team#643. Our team is a joint venture between the City of Okeechobee and the County and has 15 members. I have provided a copy of that recognition certificate. #3. The daily staffing requirements and response deployment policies for Okeechobee County Fire Rescue meet the requirements of the"two in two out"rule as required by Florida Statute 633, Florida Administrate Code 69A62,and OSHA 29 CFR 1910.134. I have attached a copy of our Two in/Two out Standard Operating procedure. I would also like to restatement my commitment to you and Chief King for my staff to attend any meeting with your board to highlight the achievements and capabilities of Okeechobee County Fire Rescue. Should you have any questions please let me know. Siinpc�errely, Q*/QA,_ Ralph Franklin,CFO Public Safety Director/Fire Chief Vacant Bryant Culpepper Frank Irby Terry Burroughs Margaret Garrard Helton District I District 2 District 3 District 4 District 5 Attachment 5 117 i STATp '• ' OO� �VN LLJ 3 4 FLORIDA , &LOCAL-Qpm OKEECHOBEE COUNTY FIRE RESCUE & OKEECHOBEE CITY FIRE DEPARTMENT TEAM #643 Is recognized as a LIGHT TECHNICAL RESCUE TEAM-TYPE II By meeting state and national standards for Technical Rescue training and is part of the Florida Urban Search and Rescue System in the State Emergency Response Plan 0 3 RanM W.NapoJ4 Director David A Casey, Bureau hief m = Division of State Fire Marshal Division of State Fire Marshal cn Training and Equipment Funded through the Unified States Department ofHomelaud Security's State Homeland Security Grant Program and administered by the Florida Division of State Fire Marshal N N 00 OKEECHOBEE COUNTY FIRE RESCUE DIRECTIVES DATE VOLUME NUMBER 1/01/2009 # 3 # 3.004 CATEGORY STANDARD OPERATING GUIDELINE SUBJECT Two In /Two Out I. Purpose: To establish standard guidelines and procedures that will serve to provide a safe working environment for all employees and to reduce the risk of injury or death as a result of department operations at emergency incidents. This policy will serve to comply with the 2- In,2-Out provisions in the OSHA Respiratory Protection Final Rule(29 CFR Part 1910). 11. Policy: To operate as safely and effectively on emergency scenes as possible, Okeechobee County Fire Rescue has established the following procedures that shall be adhered to by all personnel. III. Procedure: 111.1. Definitions: 111.1.1. IDLH Atmosphere: An atmospheric concentration of any toxic, corrosive or asphyxiate substance that poses an immediate threat to life or would cause irreversible or delayed adverse health effects or would interfere with an individuals ability to escape from a dangerous atmosphere. 111.1.2. Rapid Intervention Crew (RIC): A specifically designated team (minimum two members) designed to provide personnel for the rescue of emergency service members operating at emergency incidents if the need arises. 111.1.3. Incipient Fire: A fire in the initial or beginning stage,which can be controlled or-extinguished by portable fire extinguishers. However, it is the policy of Okeechobee County Fire Rescue to deploy a 1 3/4" hand line any time there is a fire inside a structure. Though the incipient fire may actually be controlled by a smaller line or portable extinguisher, an 13/4" inch hand line shall be used in most cases. 111.1.4. PAR: Personnel Accountability Report as defined in Okeechobee County Fire Rescue SOG. 111.2. General 111.2.1. The first arriving company shall determine if the incident involves an"IDLH atmosphere". At no time shall individuals enter an IDLH atmosphere independently. Teams of at least two Page 93 Attachment 5 229 (2) SCBA equipped personnel shall be required for entry into such an atmosphere at all times. 111.2.2. In fire situations, it will be necessary for the Incident Commander to determine if the fire is in the incipient stage. A team of two qualified firefighters may take action according to SOG Command Procedures to extinguish an incipient fire without the establishment of an initial Rapid Intervention Crew(RIC). 111.2.3. If the presence of an "IDLH atmosphere" has been determined, and there are less than 4 qualified firefighters on the scene, the companies shall wait until at least 4 qualified firefighters are assembled on the scene before initiating operations within the IDLH atmosphere. Two qualified firefighters may begin operating within the IDLH atmosphere as long as two additional qualified firefighters are outside the IDLH atmosphere to serve as the initial rapid intervention crew (RIC). One of the two initial RIC members must be responsible for establishing the on-scene accountability system. The second RIC member may be assigned other tasks and/or functions (such as IC) so long as these tasks and/or functions can be abandoned, without placing any personnel at additional risk, if rescue or assistance is needed. 111.2.4. Members operating in IDLH atmospheres must use SCBAs and PASS devices and must work in teams of two or more. They must also maintain voice or visual contact with each other at all times. Portable radios and/or safety rope tethering are not acceptable as replacements for voice or visual contact. Radios can (and should) be used for fire ground communications, including communications between interior and exterior teams. They cannot, however, be the sole tools for accounting for one's partner during interior operations. Team members must be in close proximity to each other to provide assistance in case of an emergency. 111.2.5. Until four firefighters are assembled, operations outside of the IDLH atmosphere shall commence immediately in accordance with standard operating procedures. Such operations include, but are not limited to: establishment of water supply; exterior fire attack; establishment of a hot zone; utility control; ventilation; placement of ladders; forcible entry; exposure protection; and any other exterior operations deemed appropriate by the incident commander. 111.2.6. As the incident progresses to the point of more than one interior team, an identified and dedicated Rapid Intervention Crew (RIC) shall be established and positioned immediately outside the IDLH atmosphere as per Okeechobee County Fire Rescue RIC Policy. 111.2.7. If the incident is in a high or mid-rise structure, large area facility, or other areas with multiple IDLH atmospheres, the incident commander shall establish the necessary number of rapid intervention teams so that rescue can be accomplished without a deployment delay. A team should be considered for each remote access point on any large facility. The incident commander will be responsible for determining the number of teams needed based on the specifics of the incident. 111.2.8 If a firefighter(s) becomes trapped, disabled, or otherwise in need of assistance by the Rapid Intervention Crew, the incident commander shall announce this action to OCFR Dispatch via radio. In turn, OCFR Dispatch shall simulcast the emergency message signal and announce that a rescue is in progress. All on scene personnel not directly related to the rescue shall follow the communications procedure as set forth in the Firefighter in Distress SOG. An immediate personnel accountability report(PAR)shall be conducted. The Incident Commander shall then assign personnel to assist in the rescue and to assist the rapid intervention crew as deemed appropriate. The RIC shall continue to inform the Incident Commander of their progress and actions taken during the rescue. Page 94 Attachment 5 130 §208.11 INDIAN RIVER COUNTY CODE ance with said codes. The district may (2) It shall be unlawful to sell or offer for s e charge a reasonable fee to be set by reso- any fireworks from temporary struc res, lution to recover its costs incurred in th tents or open-air stands. plan review. No building permit may (3) The sheriff or designee shal eize, take, issued until the new occupancies, bui - remove or cause to be r owed, at the ing renovations or additions, and sub - expense of the busines owner, all stocks sions comply with said codes and all ees of fireworks offered r exposed for sale, due under this chapter have been p d. (Ord. No. 2004-021, § 11, 7-6-04) stored or held in olation of this section. (4) Violation of t s section is a misdemeanor pursuant Section 125.69 F.S., and is Section 208.12. Fireworks sales and se. punish a under said section by impris Except as herein provided, it shall be lawful onm t for up to sixty(60) days, or a fine to sell or offer to sell any fireworks as efined in o p to five hundred dollars ($500 00) or Chapter 79101 F.S. in Indian River ounty. It oth imprisonment and fine. (Or shall be unlawful for any person to po ess,use or 0 2004-021, § II, 7 6-04) explode any fireworks in Indian R er County unless such use is approved and aut rized by the Section 208.13. Extraordinary expense or Indian River County Fire Mars I's Office or service. otherwise allowed by law. The following definitions shall apply to this (1) A registered wholesaler, operly licensed chapter: and registered with the State Fire Mar- (1) Extraordinary expense. That expense that shal and Indian River unty at the time is beyond a standard fire rescue response of sale, may sell firewo ks as provided by characterized by use of special material, Chapter 791 F.S All sales of fireworks equipment, suppression measures, ex- shall be made on Ian s zoned commercial perts or consultants for the purpose of or industrial and on y from a permanent mitigation of hazardous, dangerous or building. Such bu' dings shall be pro- burning materials by representatives of tected with an a matic fire sprinkler Indian River County Fire Department system and fire arm system in actor- (2) Extraordinary service. That service that dance with the ppropriate NFPA stan- is beyond a standard fire rescue response dards. All such buildings and systems characterized by expenditure of prolonged shall be classi d as follows; periods of man-hours (twelve (12) hours (a) Building classification: or more) for the purpose of mitigation of hazardous, dangerous or burning materi- H-1 Flo 'da Building Code als or fire watch by representatives of EH (E tra Hazard) Group 1, NFPA Indian River Fire Rescue District. 13 ( ore restrictive classifications (3) A person who is responsible for the expen- may a considered based on the diture of extraordinary service or expense amo t and type of product being shall be required to reimburse the district sto ed on-site) for said expenses or services. The fire (b) F' e sprinkler design density: Mini- marshal shall document the expense and um 0.30 @ two thousand five hun- related costs and fees that are incurred by red (2,500) square feet. the district or its agents, for any extraor- dinary services and expenses including (c) Fare alarm system: Shall be compli- but not limited to,.the actual cost of labor ant with NFPA 72, NFPA 13 super- and materials associated with the use of vision and notification, and A.D.A. any special extinguishing or abatement Supp.No.53 208/4 Attachment 6 231 INDIAN RIVER COLTN7Y EMERGENCY SERVICES DISTRICT §208.14 agent, chemical, neutralizer or similar equipment(or equipment damage) or ma- terials that are employed or acquired, to extinguish, confine, neutralize or contain any hazardous/dangerous material or sub- stance that may be involved in a fire, accidental spill, or threatens life, prop- erty, or is an environmental threatening event. The total of all services and ex- penses shall be submitted to the person responsible for the extraordinary expense or service as a civil penalty together with a citation pursuant to Part II, Chapter 162 F.S. (Ord. No. 2004-021, § II, 7-6-04) Section 208.14. Penalties. Any person who shall violate or fail to comply with any of the provisions of this part shall be subject to punishment as provided by law for a county ordinance. The board of county commis- sioners may enforce the provisions of this article by seeking injunctive relief or any other remedies provided by law. (Ord. No. 2004-021, § II, 7-6-04) Supp.No.53 208/5 Attachment 6 232 Wording of SJRWMD Agency Report Recommended Condition 33 Note: The first and third paragraphs were added in response to a request by County staff based upon Board member comments provided at the March 1, 2016 BCC Meeting. Licensee acknowledges that the water needs of Florida's citizens will require alternative water sources such as surface water projects in the future as determined by the water management districts pursuant to the water supply planning process of section 373.217, F.S., and other applicable provisions of Chapter 373, F.S. Licensee will in good faith evaluate the technical, environmental, and economic feasibility of connection to and use of alternative water sources such as surface water supplies when such sources become available according to the terms of this condition. Upon notification by the SJRWMD that an alternative water source has potentially become available in the vicinity of OCEC Unit 1, including sources that lie outside of the boundary of the SJRWMD, Licensee shall evaluate the feasibility of connection to and use of the alternative water source. As used herein, the term "alternative water source" means any source not identified as a traditional water supply source in the applicable water supply plan adopted by the SJRWMD pursuant to section 373.709, F.S., or successor provision, for the area encompassing the facility. Within 180 days of the notification from SJRWMD of the potential availability of an alternative water source, the Licensee shall submit a report to the FDEP SCO and the SJRWMD evaluating the technical, environmental, and economical feasibility of each alternative water source identified. The report shall contain an analysis of each alternative water source, including the quantity of water available,the projected date(s)of availability,and costs associated with obtaining and transporting the alternative water to the OCEC Unit 1 facility. If the SJRWMD determines that use of additional alternative water sources are environmentally,technically, and economically feasible, within 120 days of such determination, Licensee shall develop and provide an implementation schedule to reduce, by the amount of additional alternative water source, the quantity of ground water authorized for consumption by the site, to FDEP SCO and SJRWMD for review and approval in accordance with Condition XX "Procedures for Post-Certification Submittals". Once approved, Licensee shall take the necessary steps to implement the schedule. Within 10 days of receiving notice from SJRWMD that an alternative water source has potentially become available in the vicinity of OCEC Unit 1, Licensee shall provide a copy of that notice to Indian River County. Licensee shall submit a copy of its alternative water source evaluation report to Indian River County at the time it submits that report to the SJRWMD. If by December 31, 2021 there has been no notification provided by the SJRWMD that an alternative water source has potentially become available in the vicinity of OCEC Unit 1, Licensee shall, in coordination with the SJRWMD and Indian River County, conduct a study, as described above,to identify and evaluate the technical,environmental and economic feasibility of connecting to and using alternative water sources that have the potential to become available in the vicinity of OCEC Unit 1, including sources that lie outside the boundary of the SJRWMD. Licensee shall submit the study to the SJRWMD and Indian River County by June 30, 2022. Licensee's submission of the study shall not relieve Licensee of any obligation to evaluate the feasibility of using an alternative water source upon future notification from the SJRWMD of an alternative water source that has potentially become available in the vicinity of OCEC Unit 1, including sources that lie outside the boundary of the SJRWMD. Attachment 7 233 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237/772-978-1806 fax 'tL01WO www.ircgov.com March 25, 2016 VIA ELECTRONIC MAIL AND U.S. MAIL Ms. Ann Seiler Florida Department of Environmental Protection .-',-, Siting Coordination Office 2600 Blairstone Road, MS 5500 Tallahassee, FL 32399-2400 RE: Indian River County Agency Repoiifqr CeA'fication Application—FPL Okeechobee Clean Energy Center(PA'f5-LR)-; Dear Ms. Seiler: At its meeting of-March 22;'2016 the Board of Coui�y�Commissioners considered its agency report for the subjec'V'c''e'R"ifi, ication.,A- t ,th qqtion app at meeting, the Board of County Commissioners authoriz'ed:,'me, as Community 136Velopment'D` River 664'��' t Ke�tor, to send this letter which constitutes Indian liin,y's agency rdpiqrt'in acUdtdance with Florida Statutes 403.507. Project Descnption The FPL power piinf-prcject, 4owm as OCEC Unit 1, consists of a new combined cycle natural gas fired generating unit-curreiio estimated to be constructed January 2017 through June 2019. The generating plant is 'proposed to be located in northeastern Okeechobee County near the Okeechobee/Indian River t--junty line. The project will be accessed solely through Indian River County to SR 60. In addition, the project proposes to withdraw an annual average of 9,000,000 gallons per day (maximum daily peak of 11,000,000 gallons) from the Upper Floridan Aquifer (UFA)which is the source of potable water for Indian River County's utility system—that currently serves 110,000 residents. The UFA is also a water source for other users within Indian River County including the City of Vero Beach potable water utility system and various agricultural operations. F:\Community Development\FPL Pipeline\lndian River County Agency Report for Certification Application—FPL Okeechobee Clean Energy Center(PA15-58).docx Attachment 8 234 Emergency Services During its review of the project, County staff coordinated with FPL and Okeechobee County, raising questions regarding the emergency services needs of the project during construction and plant operation and Okeechobee County's ability to provide the necessary emergency services including consideration of the project's significant distance from fire stations. The project is located 18 miles from the nearest Indian River County fire station and 30 miles from the nearest Okeechobee County fire station. Indian River County currently has 13 fire stations with two more slated for operation in the next few years,while Okeechobee County has three existing fire stations. A comparison of Okeechobee County and Indian River County ire station distances to the project and data on current fire rescue apparatus and personnel of botfi�counties is attached. rj— `5 T. During the review process,Okeechobee County stated that it fiithe necessary emergency services capabilities to respond to the plant site within 30 minutes''of a c'-0-,-:the response time that FPL has stated is needed for the project. In addition, Okeechobee County h8 documented that at this time it does not have a Hazardous Materials Team,:Nif it has a Light Technical Rescue Team— Type II, and that it has the daily staffing requirements,$and response deployinent�policies to meet the two in two out rule. Indian River County recognizes Okeechobee County's obligation and commitment to provide necessary emergency services-to the power plant duririgconstruction and .. plant operation, and is relying upon'tOkeechobee Courify's;_representations and commitments with respect to necessary emergency servic634-:the:project. In addition to accepting Okeechobee County's commitments,Iridian River County has coordinated with FPL which has agreed-fo:;ihclusion of�a;recommendedsemergericy services condition. Under emergency that condition, FPL will;reimbuise`Indian RiV&,<County for reimbursable items such as items used in a hazardous materials.event, consistent wittjndian River County Code section 208.13. Water Supply: .'y':;.�:s'•.'x..t:.. .;:rev. <{4{J q` _F!.•':-::. ,.'i'o FPL's�ipodeling indica'ei that fPL',:withdrawals from the UFA will not cause immediate adverse impacts~to:�gxisting potable;water utility systems which are approximately 20 miles away from the site. Nonetheless, Indian River County as expressed concerns to representatives of FPL and the SJRWMD thaf long term use b-the UFA-for the project has the potential of competing with the potable water needs.:of the county°in the future. It is Indian River County's position with respect .l f, :a to quality water from<the UFA that'potable water needs should have priority over water-intensive industrial applications:`Consequently,Indian River County strongly supports future conversion of =w the project's water supply;vfrom the UFA to an alternative water supply or future significant reduction of the project's use of the UFA as a water source. To that end, Indian River County coordinated with FPL and the SJRWMD and additional language was added to the SJRWMD's agency report proposed condition 33. The language of the condition is attached as a reference and is consistent with Indian River County's comprehensive plan Potable Water Sub-element Policy 3.1. F-\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application—FPL Okeechobee Clean Energy 2 Center(PA15-58).docx Attachment 8 235 Indian River County recognizes that SJRWMD is charged with the statutory authority to regulate water consumption pursuant to FS 377.217. As such, Indian River County is relying upon inclusion of SJRWMD's proposed condition 33 in the final site certification order and good faith implementation of that condition. In accordance with Florida Statutes 403.507, Indian River County finds the proposed power plant consistent with applicable local ordinances, regulations, standards, and criteria and recommends approval of the project subject to the following conditions and inclusion of the SJRWMD's proposed condition 33 in the final site certification order. Indian River County recommends that the following conditions of certification be incorporated into the--final site certification order. 1. Traffic In accordance with Indian River County (IRC) turn lane standards found in land development regulation Section 952.12 traffic standards, and abased on the anticipated construction and operating conditions presented in the project traffc=study, the applica '--icensee shall construct as part of the project an east bound right turn lane�_on.:SR60 at the project s-entrance consistent with applicable FDOT and IRC design standards. This condition has been agreed to *,the applicant as refl&ted on page 10 of the December 2015 "Site Certification Application Completeness Responses :"-.4 2. Traffic Impact Fees _ In accordance with land development regulati_on_Ch' ter 9'I .concurrency, and associated impact fee payment standards-of Title X Iihpact Fees,`prior'to project construction, the applicant/licensee shall pay Indian River County transportation (triffic) impact fees for the project administration building with;;the..acknowledgement-:-that:,in accordance with the FPL/Indian River County franchise.:agreemei t,-Ahe:^fees W.ilFbe off sef:ffom the'franchise agreement revenue. The amount of the impact fee shall'be based on;the`Unincorporated Indian River County: Impact Fee Schedule (Effective;1Date 2/2/2015) _7applyirig'the"Manufacturing" land use category "Transportation" fee h to the finalsunder air square footage (housing administrative staff) of the project administration building. This condition has been agreed to.by the applicant. 3. Emergency Services' The applicant/licensee shall reimburse Indian River County for extraordinary emergency services expenses or services including but not limited to expenses and services related to hazardous materials events, consistent with Indian River County Emergency Services District ordinance section 208.13. This condition is in accordance with Indian River County Code Section 208.13, and has been agreed to by the applicant as reflected on page 11 of the December 2015 "Site Certification Application Completeness Responses". F•\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application—FPL Okeechobee Clean Energy 3 Center(PA15-58).docx Attachment 8 236 Indian River County appreciates the opportunity to file this agency report with recommended certification conditions. If you have any questions, please do not hesitate to contact me at (772) 226-1253. Sincerely, Stan Boling, AICP i Community Development Director, Indian River County Attachments: 1. Comparison of Okeechobee County and Indian River County•Fire`Station Locations and Fire Rescue Apparatus/Personnel 2. Documentation from Okeechobee County`Regarding Emergency Services Capabilities 3. IRC Potable Water Sub-element Policy 3.1 4. Language of SJRWMD's Proposed Condition 33'v zy< cc: Board of County Commissiorieis;(via,e-mail) k Joe Baird, County Administrator via a Mike Zito, Assistant,County Adm iiistrato`(via;e-mail) - Dylan Reingold 'G6d- Arn (via-e-mail � 'r` y4puBill DeBraal-;DetyCo .ty Attorney(uia ef ail)'`?- ;-;";:, Jason Brown(via:e-mail) Vincent Burke, `E ,(via email) Arjuna:Weragoda, P�E: (va`e-maiL> .. Enc;:GHa est=(Aa e-mail c :� • ;.Chis Mora, P:E:=(via a-mail) Richard Szpyrka, P=E:-,(via e=mail) Jeanne:Bresett(via a mail) John King (via e-mail)' Brian Buikeen (via e- &I.", Roland M.DeBlois, AIGP;(via e-mail) John W. McCo AICPTM(=via e- ail) Sasan Rohani, AIC_P (uia"•e-mail) Phil Matson, AICP (via e-mail) Cheryl Dunn, Department of Health(via e-mail) Bill Royce, Okeechobee County Planning(via e-mail) John D. Cassels, Jr., Okeechobee County Attorney(via e-mail) Mike Busha, Treasure Coast Regional Planning Council (via e-mail) James R. O'Connor, City Manager, City of Vero Beach (via e-mail) Saint John's River Water Management District(SJRWMD) (via e-mail) Indian River County Soil & Water Conservation District(via e-mail) Indian River County Agriculture Advisory Committee (via e-mail) F•\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application—FPL Okeechobee Clean Energy 4 Center(PA15-58).docx Attachment 8 237