Loading...
HomeMy WebLinkAbout01/06/2015 MINUTES ATTACHED BOARD OF COUNTY �V ER�O COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Z COMMISSION AGENDA PON ' TIJESDAY..IANIJARY 6. 2015 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex ORID�- 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis, Chairman District 1 Joseph A.Baird, County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold, County Attorney Joseph E.Flescher District 2 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 Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Edward Bullard on His Retirement from Indian River County Board of County Commissioners Department of Utility Services/Water Distribution With Thirty-Five Years of Service 1-2-- B. Presentation of Proclamation Recognizing the Month of January, 2015, as National Mentoring Month 3 ----------------------------------------------------------------------------------------- January 6,2015 Page 1 of 7 8. CONSENT AGENDA PAGE A. Approval of Warrants—December 5, 2014 to December 11, 2014 (memorandum dated December-1122014) 27-33 B. Approval of Warrants—December 12, 2014 to December 18, 2014 -memorandum- dated December 18,_2014 C. Cape Canaveral Commission Meeting January 21, 2015 (memorandum dated December 19 2014) 47 D. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation -- memorand- um dated December 29,_2014 -- ------------ -E. Extension of Lease Agreement with Rockridge Property Owners Association, Inc. (memorandum dated December 24-,-2-0-1-4) 49-5-8-- F. Approval of a Limitation of Use/Site Dedication Recordable Notice for the Indian River Lagoon Greenway Project Site -memorandum dated December 19,-2014 G. F.D.O.T. Small County Outreach Program (SCOP) Agreement — Amendment No. 2 and Resolution Authorizing the Chairman's Signature Construction (Reconstruction) of Old Dixie Highway from IRFWCD North Relief Canal to 71st Street, FM No. 429566-1-58-01, IRC Project No. 1137 (memorandum dated December 10 2014) 63-6-8-- H. Award of Bid No. 2015017 to Tri-Sure Corporation for Vero Lakes Estates 12"Master Plan Water Main Extension—UCP #4106 (memorandum dated December 9 2014) 69-96 I. Work Order No. I with Schulke, Bittle & Stoddard (SBS), L.L.C., for Design, Procurement and Construction Administration to Rehabilitate the Headworks at the Central Wastewater Treatment Plant (memorandum dated December-1-622014) 97-105 J. Approval of Statements of Work for Advanced Utility Systems (memorandum dated December 29 2014) 106-119 K. Martin Luther King Walking Trail, Florida Department of Environmental Protection (FDEP) Recreational Trails Program (RTP) Grant Agreement, IRC No. 1413 -(memorandum-dated-December- 162-2014) 120-152 ------------------ ------- ------------- -- ------- ---------------------- January 6,2015 Page 3 of 7 12. DEPARTMENTAL MATTERS PAGE A. Community Development None B. Emergency Services None C. General Services None I- 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 1. Preliminary Resolution I for Providing a Watermain Extension on North Indian River Drive and Resolution II Setting a Public Hearing for the Watermain Assessment Project within North Indian River Drive— Scenario No. 2 (memorandum dated December 29,_2014)_______ 169-186 January 6,2015 Page 5 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 2. Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of Solid Waste Processing and Recycling Services (memorandum dated December 22-,-2-01-4) 207-213 3. CCNA-2014-Work Order No. 1 to Geosyntec to Provide Engineering Services for Class I Landfill Permit Renewal and Landfill Operations Support (memorandum dated December 30-,-2-01-4) 214-234 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. 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, andSaturday at 12:00 Noon to 5:00 .m. January 6,2015 Page 7 of 7 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY,JANUARY 6, 2015 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 40RA 180127 th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Joseph A. Baird, County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E. Flescher District 2 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 Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4• ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Edward Bullard on His Retirement from Indian River County Board of County Commissioners Department of Utility Services/Water Distribution With Thirty-Five Years of Service 1.2 ---------------------------------------------------------------------------2 B. Presentation of Proclamation Recognizing the Month of January, 2015, as National-Mentoring Month 3 January 6,2015 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamations Honoring the Recipients of the 2015 Dan K. Richardson Humanitarian Award: Joan N. Woodhouse, Nancy Johnson, Robert_W. Samuels, Tomas_Rene'_Perez,_and_William F. Glavin 4_g D. Presentation of Economic Development Annual Report by Helene Caseltine, Economic Development Director, Indian River County Chamber of Commerce -------------------------------------------------------------------------------------------------------------------- 6. APPROVAL OF MINUTES A. Regular Meeting of November 18, 2014 B. Special Call Meeting of November 18, 2014 Land Development Regulations Amendments C. Regular Meeting of December 2, 2014 D. Regular Meeting of December 9, 2014 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT `r'"' REQUIRING BOARD ACTION A. Appointment of District 2 Appointee to the Planning & Zoning Commission (P&Z) (memorandum-dated December 12,2014)-------------------------------------------------------9-13 B. Children's Services Advisory Committee Vacancy __memorandum_dated December 30, 2014 _ _ 14-15 -------------------------------------------------------------- C. Standard & Poor's Ratings Services, Indian River County's Limited General Obligation (GO) Bonds, Series 2006 __(memorandum_dated December 29, 2014) 16-24 ------- - - - - - ---------------------------------------------- -------- D. American Security Council Foundation Letter of Thanks __(letter_dated December 1-7,2014)---------- 25 E. St. Johns River Water Management District 2015 Governing Board Meeting Schedule __(memorandum_dated December 15,_2014)__- 26 January 6,2015 Page 2 of 7 8. CONSENT AGENDA PAGE A. Approval of Warrants—December 5, 2014 to December 11, 2014 __(memorandum dated December 11 2014) 27-33 B. Approval of Warrants—December 12, 2014 to December 18, 2014 __(memorandum dated December 18, 2014)------------------------------------------------------3446 C. Cape Canaveral Commission Meeting January 21, 2015 __(memorandum dated December 19, 2014 - - - - - --------------------------------------------------------47- D. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation __(memorandum dated December 29, 2014) 4-- - - - - -------------------------------------------------------- E. Extension of Lease Agreement with Rockridge Property Owners Association, Inc. __(memorandum dated December 24 2014 F. Approval of a Limitation of Use/Site Dedication Recordable Notice for the Indian River Lagoon Greenway Project Site __(memorandum-dated December 19, 2014) 59-62 - - - - - ------------------------------------------------------------- G. F.D.O.T. Small County Outreach Program (SCOP) Agreement — Amendment No. 2 and Resolution Authorizing the Chairman's Signature Construction (Reconstruction) of Old Dixie Highway from IRFWCD North Relief Canal to 71st Street, FM No. 429566-1-58-01, IRC Project No. 1137 __(memorandum dated December 1.0, 2014 - - -----------------------------------------------------63-68 -------- H. Award of Bid No. 2015017 to Tri-Sure Corporation for Vero Lakes Estates 12" Master Plan Water Main Extension—UCP #4106 _ memorandum_dated December-9,20-14) I. Work Order No. 1 with Schulke, Bittle & Stoddard (SBS), L.L.C., for Design, Procurement and Construction Administration to Rehabilitate the Headworks at the Central Wastewater Treatment Plant _ memorandum dated December 16, 2014 97- ---------------------------------------------------- --- _ J. Approval of Statements of Work for Advanced Utility Systems __(memorandum dated December 29, 2014)106-119 K. Martin Luther King Walking Trail, Florida Department of Environmental Protection (FDEP) Recreational Trails Program (RTP) Grant Agreement, IRC No. 1413 memorandum-dated December 16,_2014 )---------------------------------------------------120-152_ January 6,2015 Page 3 of 7 8. CONSENT AGENDA PAGE "" L. Award of Bid No: 2015030, Vero Lake Estates Asphalt Millings Project (Phase I), IRC Project No. 1314 --(memorandum-dated December-99-201 j) 153-163 - - - - - - -------------------- -- ------ ---------------------------------------------------------------- 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 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 Bill Rigby Regarding Roberts Rule of Order and-Procedures_________--_ 164 2. Request to Speak from Fred Mensing Regarding Potential Lawsuit against County_and Others 16-- ---------------------------------------------------------------------- C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing January 13,2015 Full Gospel Assembly Inc. of Vero Beach's Request for Special Exception Use Approval for a Fellowship Hall Addition __(memorandum dated December_29, 2014) 166 ------------------------------- Quasi-Judicial 2. Notice of Scheduled Public Hearing January 13,2015 Consider an Ordinance to Repeal Certain Language in Chapter 315 of The Code of Indian River County with Respect to Medical Marijuana mrandum-dated-December_29, - e- -mo- - - t 2014)-------------------------- --------- -------167_ Legislative 11. COUNTY ADMINISTRATOR MATTERS A. Executive Session—Time Certain 10:00 A.M. Request for Executive Session—January 6, 2015 -- -- (memorandum dated December 30, 2014) 168 --- ---------------------------------------------------------------------------------------------------------- January 6,2015 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE A. Community Development None B. Emergency Services None 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 1. Preliminary Resolution I for Providing a Watermain Extension on North Indian River Drive and Resolution II Setting a Public Hearing for the Watermain Assessment Project within North Indian River Drive—Scenario No. 2 (memorandum dated December 29, 2014) 169-186 - ------- ----- -------------------- - -- ----- January 6,2015 Page 5 of 7 13. COUNTY ATTORNEY MATTERS PAGE A. Settlement with the Guarantee Company of North America USA on behalf of H&D Construction Co., Inc. (memorandum dated December 29, 2014)- - 187-195 B. Restrictive Covenant on Disney Cattle Dip Property— State Road 510 __(memorandum dated December_29, 2014) 196-203 ------------------------------------------------------------ C. City of Vero Beach —Indian River Shores —Indian River County Mediation Update __(memorandum dated December 30, 2014) 204-205 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman 1. IRL—NEP Reorganization __(memorandum-dated December_30,_2014)---------------------------------------------206 C. Commissioner Joseph E. Flescher 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 1. Approval of Minutes—Meeting of November 18, 2014 January 6,2015 Page 6 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 2. Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of Solid Waste Processing and Recycling Services _(memorandum dated December 22 2014) 207-213 3. CCNA-2014-Work Order No. I to Geosyntec to Provide Engineering Services for Class I Landfill Permit Renewal and Landfill Operations Support -_ memorandum-dated December_30, 2014 )----------------------------- ---------214-234_ 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. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. January 6,2015 Page 7 of 7 PROCLAMA TION HONORING EDWARD BULLARD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTYCOMMISSIONERS DEPARTMENT OF UTILITY SER VICESIWA TER DISTRIBUTION WHEREAS, Edward Bullard retired from Indian River County effective December 19, r 2014; and WHEREAS, Edward Bullard began his career with Indian River County on September 4, 1979, as a Utilities Service Worker. On January 14, 1982, he was promoted to Utilities Field Crew Leader, and on December 16, 1983, he became a Wastewater Plant Operator Trainee. He transferred to the position of Service Worker on October 23, 1985, and on August 8, 1997, Ed's diligence, hard work and pro-activeness once again earned him a promotion to Utilities Crew Leader. He continued in that capacityfor the next seventeen years until his retirement on December 19, 2014; and WHEREAS, Edward Bullard has served this County and the Public with distinction and selflessness. During his thirty-five years of service, he was dedicated and his work was greatly appreciated by his employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Edward Bullard'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 thirty-five years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this e day of January, 2015. BOARD OF COUNTY COMMISSIONERS RIVC INDIANRIVER COUNTY, FLORIDA "C * * Wesley . Davis, Chairman �I�RIDp' ' ... -rte. _•+�.� f= r r r � 9his is to certify that d da , is here6y presented this -t WstirementAward .� for outstanifing petformance and faithfulservice to ♦r C, ndtan ' / ��. Boardof County Commisstoners I, rmce 1 / ea / , ' SI on this 19th day ] i t �A Vincent(BurkS es S. 2!vis. all 11 P4 PROCLAMATION RECOGNIZING THE MONTH OF JANUARY, 2015, AS NATIONAL MENTORING MONTH WHEREAS, every day Big Brothers Big Sisters of St. Lucie, Indian River and Okeechobee Counties works to provide children facing adversity with strong and enduring, professionally supported one-to-one relationships that change their lives for the better, forever; and WHEREAS, mentoring is a proven, effective strategy that helps children by matching them with a caring, responsible adult who can provide guidance and direction, and build their confidence; and WHEREAS, research shows that mentoring has beneficial and long-term effects on youth by increasing their academic engagement and decreasing the likelihood of substance abuse and other risky behaviors; and WHEREAS, many of Indian River County's children are in need of a caring adult mentor in their lives, and closing this mentoring gap will take more investment, partnerships, and volunteers ready to make a difference in a child's life; and WHEREAS, the County of Indian River recognizes that our success depends on helping every child reach their full potential in life, and realizes that young people need a solid foundation of support that will help them become well-educated, confident, and productive citizens. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the month of January, 2015, as National Mentoring Month, and call upon the citizens of Indian River County to recognize the importance of mentoring, to look for opportunities to serve as mentors in their communities, and to observe this month with appropriate activities and programs. Adopted this 6"' day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDI N RIVE -COUNTY, FLORIDA Wesley S. Davis, Chairman Q Bob Solari, Vice Chairman * h E. Flescher I eter D. O' n Tim FFPROCLAMATION 5e HONORING JOAN N. WOODHOUSE, AS THE 2015, DAN K. RICHARDSON HUMANITARIAN AWARD RECIPIENT WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County,- and WHEREAS, this year, the Ninth Annual Dan K. Richardson Humanitarian Award is being presented to Mrs. Joan N. Woodhouse for her lifelong commitment to philanthropic endeavors that have directly benefited the residents of Indian River County and beyond; and WHEREAS, Mrs. Joan N. Woodhouse is one of the visionaries who saw the need to spearhead a fundraising effort for the construction of the Gifford Aquatic Center. Mrs. Joan N. Woodhouse, a successful businesswoman in her own right, is one who is accustomed to finding resolutions to issues that arise. While living in Detroit she was faced with some tense racial situations and through her efforts, the issue was resolved. After moving to Vero Beach in 1991 she immediately became involved in the non-profit world of her new community and she has worked diligently on behalf of the Indian River Land Trust, McKee Botanical Gardens, The United Way, The Children Services Advisory Committee, Vero Beach Museum of Arts, the John's Island Community Service League, the Gifford Aquatic Center Fundraising Committee and the Gifford Youth Activity Center Foundation Board; and WHEREAS, Mrs. Joan N. Woodhouse along with Mrs. Nancy Johnson observed the need for a pool facility in Gifford where area youth could learn water safety techniques and learn how to swim. Through their efforts, a fund raising campaign was initiated that included private and public entities. The construction of the Gifford Aquatic Center was not only a success, but through the efforts of Mrs. Woodhouse, interest and awareness of the Gifford Youth Activity Center increased resulting in financial support for the Center that continues to this day. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that Mrs. Joan N. Woodhouse, recipient of the 2015 Dan K. Richardson Humanitarian Award, be honored and emulated for her exemplary contributions to our community. Duly adopted this 6th day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman A \ Bob Solari, Vice Chairman f * =sE. her �OR14y' ' an Tim Z6 Fi5' PROCLAMATION HONORING NANCY JOHNSON AS THE 2015, DAN K. RICHARDSON HUMANITARIAN AWARD RECIPIENT WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County; and WHEREAS, this year, the Ninth Annual Dan K. Richardson Humanitarian Award is being presented to Mrs. Nancy Johnson for her lifelong commitment to philanthropic endeavors that have directly benefited the residents of Indian River County and beyond; and WHEREAS, Mrs. Nancy Johnson is one of the visionaries who saw the need to spearhead a fundraising effort for the construction of the Gifford Aquatic Center. Mrs. Nancy Johnson is one who seeks out opportunities to serve those who are less fortunate and after coming to Indian River County in 1979 she immediately rolled up her sleeves. She joined the John's Island Community Service League and she was asked to help start an Angel Tree Christmas Project that collects gifts for needy children. She served as a co-organizer for the Gifford Aquatic Center Fundraising Committee and currently serves on the Gifford Youth Activity Center Foundation Board; and WHEREAS, Mrs. Nancy Johnson along with Mrs. Joan N. Woodhouse observed the need for a pool facility in Gifford where area youth could learn water safety techniques and learn how to swim. Through their efforts, a fund raising campaign was initiated that included private and public entities. The construction of the Gifford Aquatic Center was not only a success, but through the efforts of Mrs. Johnson, the interest and awareness of the Gifford Youth Activity Center increased resulting in financial support for the center that continues to this day. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUTNY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that Mrs. Nancy Johnson, recipient of the 2015, Dan K. Richardson Humanitarian Award, be honored and emulated for her exemplary contributions to our community. Duly adopted this 6th day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman ►C Bob Solari, Vice Chairman �LOR�4, *E. FI cher,- P�.tean Tim � 5 PROCLAMATION HONORING ROBERT W. SAMUELS, AS THE 20153 DAN K. RICHARDSON HUMANITARIAN AWARD RECIPIENT WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County; and WHEREAS, this year, the Ninth Annual Dan K. Richardson Humanitarian Award is being presented to Mr. Robert W. Samuels for his lifelong commitment to philanthropic endeavors that have directly benefited the residents of Indian River County and beyond, and WHEREAS, Mr. Robert W. Samuels is one of the visionaries who saw the need, along with other community leaders to establish the Gifford Youth Activity Center. He was instrumental in establishing a fundraising strategy to oversee the construction of the Center and sustain its important programs; and WHEREAS, Mr. Robert W. Samuels, a successful businessman in his own right, spent his entire business career with W.R. Grace & Co. for nearly 39 years. He is a winter resident in Vero Beach, living in the Moorings since 1986 and a summer resident of Falmouth, MA.; and WHEREAS, Mr. Robert W. Samuels became involved with the Gifford Youth Activity Center since its inception in 1997 and is currently a member of the Gifford Youth Activity Center Foundation Board. He supported the initial construction of the Center, its first computer lab, a building expansion and the Gifford Aquatic Center Pool project. He later established a scholarship fund at the Gifford Youth Activity Center in 2012 for African-American males pursuing vocational or college education after high school. He is also co-founder of the Indian River County Habitat for Humanity affiliate in Vero Beach; NOW, THEREFORE, BE 1T PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that Mr. Robert W. Samuels, recipient of the 2015, Dan K. Richardson Humanitarian Award, be honored and emulated for his exemplary contributions to our community. Duly adopted this 6th day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA _ V CD - Wesley S. Davi , Chairman Bob Solari, Vice Chairman J h?Flescher an T IPI Z 6 PROCLAMATION HONORING TOMAS RENS' PEREZ, AS THE 2015, DAN K. RICHARDSON HUMANITRIAN AWARD RECIPIENT WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County; and WHEREAS, this year, the Ninth Annual Dan K. Richardson Humanitarian Award is being presented to Mr. Tomas Rene' Perez for his lifelong commitment to philanthropic endeavors that have directly benefited the residents of Indian River County and beyond; and WHEREAS, Mr. Tomas Rene' Perez is one of the visionaries who saw the need for the Gifford Youth Activity Center, along with other community leaders to spearhead an effort to build and establish a sound fundraising strategy to further solidify and sustain the programs at the Gifford Youth Activity Center; and WHEREAS, Mr. Tomas Rene' Perez, a successful businessman in his own right, worked for Mr. Dan K. Richardson for fifty-two years and served as past Treasurer of the Gracewood Fruit Company and its affiliates. He also served as the Executive Director of the Richardson Family Foundation. Mr. Perez has served on numerous agencies that include the United Way of Indian River County, The Kiwanis Club of Indian River County, Dollars for Scholars, Junior Achievement of Indian River County, Indian River State College Foundation and he was appointed by the Governor of Florida to the Board of Trustees of the Indian River State College. He remains active today and has been dedicated to the Gifford Youth Activity Center since its inception in 1998, and currently serves on the Gifford Youth Activity Center Foundation Board. His works continues as a supporter and promoter of philanthropic projects that will improve the lives of the citizens of Indian River County; and WHEREAS, Mr. Tomas Rene' Perez was instrumental in identifying a funding campaign for students who had a burning desire to continue their education during the after school program at the Gifford Youth Activity Center. Because of his efforts funds would be made available to fulfill the dream of having an educational environment conducive for learning. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that Mr. Tomas Rene' Perez, recipient of the 2015, Dan K. Richardson Humanitarian Award, be honored and emulated for his exemplary contributions to our community. Duly adopted this 6` day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis'Chairman Bob Solari, Vice Chairman � E. Flescher oRTp�' Peter D. O' Tim c 7 PROCLAMATION HONORING WILLIAM F. GLAVIN, AS THE 20157 DAN K. RICHARDSON HUMANITARIAN AWARD RECIPIENT WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County; and WHEREAS, this year, the Ninth Annual Dan K. Richardson Humanitarian Award is being presented to Mr. William F. Glavin for his lifelong commitment to philanthropic endeavors that have directly benefited the residents of Indian River County and beyond; and WHEREAS, Mr. William F. Glavin, a successful businessman in his own right, worked for the Xerox Corporation and the International Business Machines Corporation for 34 years and served as President of Babson College in Wellesley Massachusetts for nine years, retired and relocated to Vero Beach, Florida; and WHEREAS, Mr. William F. Glavin has served on 21 important non-profit social, educational and humanitarian boards and has kept himself active in Indian River County. He is currently the Vice Chairman of the Gifford Youth Activity Center Foundation Board, Inc., Past Board member and current Development Committee member with the McKee Botanical Gardens and Chair of the Advisory Board for Habitat for Humanity; and WHEREAS, Mr. William F. Glavin was instrumental in establishing a fund raising campaign for students who had a desire to continue their education during the summer months at the Gifford Youth Activity Center, but did not have the financial means. Because of his efforts, funds are available to help children avoid the "summer slide". He was awarded the Association of Fundraising Professionals Outstanding Volunteer Fundraiser Award in November 2014, on behalf of his fund raising efforts for the Gifford Youth Activity Center. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that Mr. William F. Glavin, recipient of the 2015, Dan K. Richardson Humanitarian Award, be honored and emulated for his exemplary contributions to our community. Duly adopted this 61h day of January, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman �vER �o- _ t v Qom. i Bob Solari, Vice Chairman * E. Flescher .01 FI.OR�� Peter D. O' an Tim Z rc L_") PROCLAMATION DESIGNATING JANUARY 5 - 9120159 AS FLORIDA FIRST RESPONDER APPRECIATION WEEK WHEREAS, Tarpon Springs Police Officer Charles Kondek and Leon County Sheriff's Deputy Christopher Smith were recently killed in the line of duty; and WHEREAS, each loss of a law enforcement officer is heartbreaking, and losing two heroes in less than a month is a cry for peace and a signal to all Floridians to pray for our men and women in uniform who protect our communities each day; and WHEREAS, Florida's first responders include law enforcement officers, firefighters, and EMTs who bravely and selflessly risk their lives every day to protect Florida families, visitors, and businesses; and WHEREAS, Florida's first responders do not hesitate to risk their own lives in order to save the lives of others, and their commitment to continued training, skill enhancement, and inter-agency coordination make them vital members of every Florida community; and WHEREAS, acts of kindness and appreciation from citizens for first responders provide them needed encouragement and support to confront the dangerous and uncertain situations they face every day. NOW, THEREFORE, BE IT PROCLAIMED BY RICK SCOTT, GOVERNOR OF THE STATE OF FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA do hereby proclaim January 5-9, 2015, as FLORIDA FIRST RESPONDER APPRECIATION WEEK and encourage all Floridians to take time out of their day to show first responders and their families how much we value their service to our cities, counties, and state. FLORIDA FIRST RESPONDER APPRECIATION WEEK will be an opportunity for Florida leaders at every level to demonstrate appreciation for all men and women who protect and serve our state as responders and an opportunity for Floridians to say, "Thank you," to the first responders who keep them safe. Adopted this 6th day of January, 2015. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA VER CO..— Wesley S. Davis, Chairman Q Bob Solari, Vice Chairman * h E. Flescher • �LOR� � Peter D. O'B an Ti o 8 .A .1 INFORMATIONAL ITEMS JANUARY 6, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: December 12, 2014 Subject: Appointment of District 2 Appointee to the Planning & Zoning Commission (P&Z) From: Laura E. Vasquez, Commissioner Assistant Commissioner Joseph E. Flescher has appointed Mr. Alan Polackwich as the District 2 Appointee to the Planning & Zoning Commission. Mr. Polackwich replaces Mr. Sam Zimmerman; his term expires in January, 2015. Attachment: Committee Application 9 RECEIVED INDIAN RIVER COUNTY APPLICATION JAPE 0 8 2014 FOR COMMITTEE APPOINTMENT -- I - - - --- --BOARD OF COUNTY Name:�Alan S. Polackwich, Sr Date: 01/08/14 , COMMISSION Full Name:lAlan S. Polackwich, Sr l I I Email Address: (Polackwich@bellsouth.net I Street Address (No P.O. Boxes):'1215 Marina Village Circle, Unit 301 Home Phone:[--- Work Phone: N/A Cell Phone: 772-538-20631 -- . -- ------ �--- - -' ---- -------- How long have you been a resident of Indian River County?1134 years Are you a full or part time resident? Check one: Full Time,✓Part Time -� Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. See attached resume. Please list any licenses you presently hold: See attached resume. i i Please list any organization of which you are currently a member: 'See attached resume. j i I Please list any other committees or boards you currently sit on: !See attached resume i _____- __-------- --- -__ Continued on next page 10 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE E CODE ENFORCEMENT BOARD E COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD E SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE PLANNING & ZONING COMMISSION TOURIST DEVELOPMENT COUNCIL TREASURE COAST REGIONAL PLANNING COUNCIL—COMPREHENSIVE ❑ ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 11 Alan S. Polackwich, Sr. 1215 Marina Village Circle 9301 Vero Beach, FL 32967 772-564-6306 (home) 772-538-2003 (cell) Presently Retired Past Professional 2010-2013 County Attorney, Indian River County, FL • Represent and report directly to the Board of County Commissioners. Responsible for all legal matters relating to Indian River County. Director, Florida Association of County Attorneys 2004-2010 Executive Vice-President and General Counsel, Riverside National Bank of Florida • Also held positions of Regional President and Corporate Secretary of the holding company and other affiliated entities • Responsible for all legal matters relating to the bank and its affiliated entities • Chairman, American Bankers Association Regional Bank General Counsel Group • Graduate, Stonier Graduate School of Banking (Georgetown University and University of Pennsylvania) 1976—2004 Partner, Clem, Polackwich, Vocelle & Berg (most recent firm) • Twenty eight years in private practice focused on commercial/contract-based litigation. Martindale-Hubbell rating AV (highest possible rating) Education Boston College Law School, Boston MA. Executive Editor, Boston College Law Review Colby College, Waterville, ME (cum laude) Thornton Academy, Saco, ME. Student Body President; Class Salutatorian 12 ,%Now Public Service Positions IRC Environmental Control Hearing Board (quasi-judicial hearing board). Chairman for 25 years (1985 —2010) IRC School Readiness Coalition. Chairman for five years IRC Children's Services Advisory Committee. Chairman of Grant Review Committee for four years 19'x' Judicial Circuit Nominating Committee (makes recommendations to the Governor on judicial appointments) Community Service Positions United Way of Florida. Chairman, Board of Governors United Way of Indian River County. Chainnan, Board of Directors; Co-Chairman, Annual fundraising Campaign (twice); Chairman, miscellaneous committees NNW Indian River Medical Center, Board of Directors. Chairman, Compliance Committee; Corporate Secretary The Old Vero Ice Age Sites Committee, Board of Directors Chairman and member of numerous other community organizations Community Recognition Indian River County Co-Citizen of the Year(with wife Deborah) Alma Lee Loy Award (for long term service to the community) Ralph King Award (for long term service to the United Way) Indian River County "Community Flero," selected to carry the Olympic Torch 13 Igformatlonal Matters-B.C.C. 01.06.15 V Of ce of INDIAN RIVER COUNTY Rl ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 0(2— DATE: December 30, 2014 SUBJECT: Children's Services Advisory Committee Vacancy On December 9, 2014,Norman Wells submitted his resignation as the Member-at-Large representative to the Children's Services Advisory Committee. Norman Wells' term expires in January 2017. Anyone interested in serving on the Children's Services Advisory Committee, and meeting the requirements for the Member-at-Large representative,will need to submit an application and r6sum6 to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircov.com/boards/committee applications,or at the Board of County Commissioner's Office. ATTACHMENT(S). • December 9, 2014 resignation APPROVED FOR January 6,2015 Indian River Co. Angpoved Date B.C.C. MEETING—INFORMATIONAL MATTERS Admin. izz, _ co.Atty. 36 l Budget / f/ Dept. --- --- COUNTYATTORNEY Risk Mgr. DR:cm h`v4rrornrr.e hrirrinn:('[).AL1!%%%hh'.(;rnrrn1:11nrrrrs BCC.g—j.Afemn.c 141:09 If rI'nennn-RrsiRnnrir,rll.dorx 14 Christina Moore From: Laura Vasquez Sent: Wednesday, December 10, 2014 4:27 PM To: Christina Moore; Dylan Reingold Cc: Amy Sheridan; Misty Pursel Subject: RESIGNATION OF CSAC MEMBER Dylan For your Agenda Item - Please be advised that Mr. Norman Wells, Member @ Large, has tendered his resignation from the CSAC effective immediately Please see his resignation e-mail below: Laura E. Vasquez, Commissioner Assistant Commissioner Joseph E. Flescher, District 2 IRC Board of County Commissioners 1801 27th Street, Vero Beach FL 32960 (772) 226-1919 / (772) 770-5334 Fax Lvasquez@ircgov.com -----Original Message----- From: Bernauer, Bradley E [mailto:Bradley.Bernauer@flhealth.gov] Sent: Wednesday, December 10, 2014 1:56 PM To: Laura Vasquez Subject: FW: Resignation -----Original Message----- From: frontier47@bellsouth.net [mailto:frontier47@bellsouth.net] Sent:Tuesday, December 09, 2014 10:24 AM To: Bernauer, Bradley E; pobryan@ircgov.com Subject: Resignation Bradley Thank you for the opportunity to be on the CSAC board. I have accepted a job out of town that starts next month. I am in the process of moving now and I am unable to dedicate the time to the organization. Thank You Norman Wells Sent from my iPhone 1 15 INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: December 29, 2014 SUBJECT: Standard & Poor's Ratings Services Indian River County's Limited ral Obligation (GO) Bonds, Series 2006 FROM: Jason E. Brown Director, Management& Bu g Attached is a rating report received from Standard & Poor's Ratings Services. Standard & Poor's has raised Indian River County's credit rating from "AA" to "AA+" and changed the outlook to stable from positive on the General Obligation Bonds, Series 2006. Standard & Poor's considers Indian River County's financial management's practices "strong" under its financial management assessment methodology. This outlook reflects Standard & Poor's view of the County's strong economy with a very diverse property tax base; very strong budgetary flexibility with available reserves at more than 30%of expenditures over the past three fiscal years; very strong liquidity with exceptional access to capital markets; adequate budgetary °�- performance; and very strong debt and contingent liabilities with rapid debt amortization. ATTACHMENTS Letter from Standard&Poor's Ratings Services Ratings Direct Report APPROVED AGENDA ITEM: Indian River County Ap 2Tved Date BY: _ Administrator - -- , jJo eph A. Baird Count Attorneyy. ^ y County Administrator Budget ` De artment FOR: January 6, 2015 Risk Man agement 16 STANDARD & P O O R'S 55 Water Street,38th Floor RATINGS SERVICES NewYork,NY 10041.0003 � tel 212-438-2000 WGRAW HILL FINANCIAL reference no.:40174037 December 11, 2014 Indian River County 1840 27th Street Vero Beach, FL 32960--3365 Attention: Mr. Joseph A. Baird, County Administrator Re:Indian River County, Florida, Outstanding General Obligation Bonds, Series 2006 Dear Mr. Baird: Standard & Poor's Ratings Services ("Ratings Services") has reviewed the rating on the above- listed obligations. Based on our review, we have raised our credit rating from "AA" to "AA+" and changed the outlook to stable from positive. A copy of the rationale supporting the rating and outlook is enclosed. This letter constitutes Ratings Services' permission for you to disseminate the above rating to interested parties in accordance with applicable laws and regulations. However, permission for such dissemination (other than to professional advisors bound by appropriate confidentiality arrangements) will become effective only after we have released the rating on standardandpoors.com. Any dissemination on any Website by you or your agents shall include the full analysis for the rating, including any updates, where applicable. To maintain the rating, Standard & Poor's must receive all relevant financial and other information, including notice of material changes to financial and other information provided to us and in relevant documents, as soon as such information is available. Relevant financial and other information includes, but is not limited to, information about direct bank loans and debt and debt- like instruments issued to, or entered into with, financial institutions, insurance companies and/or other entities, whether or not disclosure of such information would be required under S.E.C. Rule 15c2-12.You understand that Ratings Services relies on you and your agents and advisors for the accuracy, timeliness and completeness of the information submitted in connection with the rating and the continued flow of material information as part of the surveillance process. Please send all information via electronic delivery to pubfin statelocalgovtastandardandpoors com. If SEC rule 17g-5 is applicable, you may post such information on the appropriate website. For any information not available in electronic format or posted on the applicable website, Please send hard copies to: Standard & Poor's Ratings Services Public Finance Department 55 Water Street PF Ratings U.S. (7/18/14) 17 Page 12 New York, NY 10041-0003 +"w. The rating is subject to the Terms and Conditions, if any, attached to the Engagement Letter applicable to the rating. In the absence of such Engagement Letter and Terms and Conditions, the rating is subject to the attached Terms and Conditions. The applicable Terms and Conditions are incorporated herein by reference. Ratings Services is pleased to have the opportunity to provide its rating opinion. For more information please visit our website at www.standardandpoors corn. If you have any questions, please contact us. Thank you for choosing Ratings Services. Sincerely yours, Standard & Poor's Ratings Services jm enclosure cc: Mr. Jason E. Brown Mr. Jeffrey K. Barton PF Ratings U.S. (7/18/14) p 18 STANDARD &POOR'S RATINGS SERVICES McGRAW HILL FINANCIAL Standard & Poor's Ratings Services Terms and Conditions Applicable To Public Finance Credit Ratings General. The credit ratings and other views of Standard&Poor's Ratings Services("Ratings Services")are statements of opinion and not statements of fact. Credit ratings and other views of Ratings Services are not recommendations to purchase, hold, or sell any securities and do not comment on market price, marketability, investor preference or suitability of any security. While Ratings Services bases its credit ratings and other views on information provided by issuers and their agents and advisors,and other information from sources it believes to be reliable,Ratings Services does not perform an audit,and undertakes no duty of due diligence or independent verification,of any information it receives. Such information and Ratings Services' opinions should not be relied upon in making any investment decision. Ratings Services does not act as a "fiduciary" or an investment advisor. Ratings Services neither recommends nor will recommend how an issuer can or should achieve a particular credit rating outcome nor provides or will provide consulting,advisory, financial or structuring advice. Unless otherwise indicated,the term "issuer"means both the issuer and the obligor if the obligor is not the issuer. All Credit Rating Actions in Ratings Services' Sole Discretion.Ratings Services may assign,raise,lower,suspend,place on CreditWatch, or withdraw a credit rating, and assign or revise an Outlook, at any time, in Ratings Services' sole discretion. Ratings Services may take any of the foregoing actions notwithstanding any request for a confidential or private credit rating or a withdrawal of a credit rating,or termination of a credit rating engagement. Ratings Services will not convert a public credit rating to a confidential or private credit rating,or a private credit rating to a confidential credit rating. Publication. Ratings Services reserves the right to use, publish, disseminate, or license others to use, publish or .r.. disseminate a credit rating and any related analytical reports, including the rationale for the credit rating, unless the issuer specifically requests in connection with the initial credit rating that the credit rating be assigned and maintained on a confidential or private basis. If, however, a confidential or private credit rating or the existence of a confidential or private credit rating subsequently becomes public through disclosure other than by an act of Ratings Services or its affiliates, Ratings Services reserves the right to treat the credit rating as a public credit rating, including, without limitation, publishing the credit rating and any related analytical reports. Any analytical reports published by Ratings Services are not issued by or on behalf of the issuer or at the issuer's request. Ratings Services reserves the right to use,publish, disseminate or license others to use,publish or disseminate analytical reports with respect to public credit ratings that have been withdrawn, regardless of the reason for such withdrawal. Ratings Services may publish explanations of Ratings Services' credit ratings criteria from time to time and Ratings Services may modify or refine its credit ratings criteria at any time as Ratings Services deems appropriate. Reliance on Information. Ratings Services relies on issuers and their agents and advisors for the accuracy and completeness of the information submitted in connection with credit ratings and the surveillance of credit ratings including, without limitation, information on material changes to information previously provided by issuers, their agents or advisors. Credit ratings, and the maintenance of credit ratings,may be affected by Ratings Services' opinion of the information received from issuers,their agents or advisors. Confidential Information. Ratings Services has established policies and procedures to maintain the confidentiality of certain non-public information received from issuers, their agents or advisors. For these purposes, "Confidential Information"shall mean verbal or written information that the issuer or its agents or advisors have provided to Ratings Services and, in a specific and particularized manner,have marked or otherwise indicated in writing(either prior to or promptly following such disclosure)that such information is"Confidential." PF Ratings U.S. (02/16/13) 19 Ratings Services Not an ExpertUnderwriter or Seller under Securities Laws. Ratings Services has not consented to and will not consent to being named an "expert" or any similar designation under any applicable securities laws or other regulatory guidance, rules or recommendations, including without limitation, Section 7 of the U.S. Securities w�. Act of 1933. Rating Services has not performed and will not perform the role or tasks associated with an "underwriter" or "seller" under the United States federal securities laws or other regulatory guidance, rules or recommendations in connection with a credit rating engagement. Disclaimer of Liability. Ratings Services does not and cannot guarantee the accuracy, completeness, or timeliness of the information relied on in connection with a credit rating or the results obtained from the use of such information. RATINGS SERVICES GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Ratings Services, its affiliates or third party providers, or any of their officers, directors, shareholders, employees or agents shall not be liable to any person for any inaccuracies, errors, or omissions, in each case regardless of cause, actions, damages (consequential, special, indirect, incidental, punitive, compensatory, exemplary or otherwise), claims, liabilities, costs, expenses, legal fees or losses (including, without limitation, lost income or lost profits and opportunity costs)in any way arising out of or relating to a credit rating or the related analytic services even if advised of the possibility of such damages or other amounts. No Third Party Beneficiaries Nothing in any credit rating engagement, or a credit rating when issued, is intended or should be construed as creating any rights on behalf of any third parties, including,without limitation,any recipient of a credit rating. No person is intended as a third party beneficiary of any credit rating engagement or of a credit rating when issued. PF Ratings U.S. (02/16/13) 20 STANDARD&POOR'S RATINGS SERVICES WGRAW HILL FINANCIAL ,NO, Ratings0irect...........I o ............................................................................................. Summary: Indian River County, Florida; General Obligation Primary Credit Analyst: Hilary A Sutton,New York(1)212-438-7093;hilary.sutton@standardandpoors.com Secondary Contact: Michael J Mooney,New York(1)212-438-4943;michael.mooneyl@standardandpoors.com Table Of Contents ,,. ................................................................................................ Rationale Outlook Related Criteria And Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT DECEMBER 12,2014 1 13�d753 1 :;011+;'.i1!iI 21 Summary: Indian River County, Florida; General Obligation Credit Profile Indian River Cnty Unenhanced Raring AA+(SPUR)/Stable Upgraded Many issues are enhanced by bond insurance. Rationale Standard&Poor's Ratings Services raised its rating on Indian River County, Fla.'s general obligation(GO)debt one notch to'AA+'from'AA'based on Standard&Poor's local GO criteria,published Sept. 12, 2013,on RatingsDirect.The outlook is stable. A 0.5-mill limited GO pledge,approved through an electorate referendum in 2004,secures the series 2006 bonds.The pledged millage provides 1.32x maximum annual debt service coverage(DSC)based on fiscal 2014 taxable values, assuming a 95%collection rate;officials,however,set the rate annually to provide ix annual DSC(the 2015 rate was 0.3694 mills).At certain rating levels,we do not differentiate between limited and unlimited GO pledges if an issuer has sufficient financial flexibility. The rating reflects our opinion of the following credit factors for the county,specifically its: • Strong economy with a very diverse property tax base, • Very strong management with"strong"financial management practices under our Financial Management Assessment(FMA)methodology, • Very strong budgetary flexibility with available reserves at more than 30%of expenditures over the past three fiscal years, • Very strong liquidity with exceptional access to capital markets, • Adequate budgetary performance with expected general fund surpluses in fiscal years 2014 and 2015,and • Very strong debt and contingent liabilities with rapid debt amortization. Strong economy We consider Indian River County's local economy strong with projected per capita effective buying income at 111%of the national average.Market value is about$133,800 per capita.The county spans 497 miles in the middle of Florida's eastern coast,approximately 100 miles southeast of Orlando and 135 miles north of Miami.Sebastian is the county's largest city.Vero Beach is the county's seat.With 100 miles of waterfront property and 23 miles of Atlantic coastline, as well as the Los Angeles Dodgers'spring training facility,tourism is a major economic driver.Therefore, unemployment is above national rates.According to the U.S.Bureau of Labor Statistics,unemployment averaged 9.1% in 2013,well above state and national averages.The tax base is very diverse with the county's 10 leading taxpayers accounting for just 3.1%of total assessed value. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT DECEMBER 12,2014 2 1374753 1 302292920 22 Summary:Indian River County, Florida; General Obligation Very strong management In our opinion, Indian River County's management conditions are very strong with"strong"financial management practices under our FMA methodology,indicating practices are strong,well embedded, and likely sustainable. Highlights include management's: • Conservative budgetary assumptions with monthly budget-to-actual reports to the county board and expenditure adjustments made as necessary; • Five-year financial and capital improvement plans,updated at least annually;and • Formal general,transportation,and emergency services district reserve funds,as well as a general fund budget stabilization reserve. The county also has a formal investment policy. Very strong budgetary flexibility In our opinion,with available reserves at 50.9%of operating expenditures in fiscal 2013,budgetary flexibility is very strong.Unaudited fiscal 2014 results show a general fund surplus of slightly more than$2 million. Management believes it will produce another slight surplus in fiscal 2015.Therefore,we expect available fund balance to remain more than 30%of expenditures,which we view as a credit strength.We believe the county has the flexibility to raise taxes if financial pressure were to occur.The county has a 10-mill cap,and the millage rate was just 3.256 mills in fiscal 2014. Very strong liquidity What we consider very strong liquidity supports Indian River County's finances with available cash at 157%of total governmental funds expenditures and 31.3x DSC. Based on past debt issuances,including the frequency and type of debt issuance,we believe the county has exceptional access to capital markets to provide liquidity,if necessary. Adequate budgetary performance In our opinion,overall budgetary performance is adequate with deficits of 5%for the general fund and 7%for total governmental funds in fiscal 2013.Unaudited fiscal 2014 results show surpluses of 2.3%for the general fund and 0.9% for total governmental funds.The county does not currently have any additional debt plans.Management currently believes it will finish fiscal 2015 with a slight general fund surplus,and we recognize it is too early to project how the county will perform in total governmental funds. Very strong debt and contingent liabilities In our view,Indian River County's debt and contingent liabilities profile is very strong. Net direct debt is 22.2%of total governmental funds revenue,and debt service is 5%of total governmental funds expenditures.We consider principal debt amortization rapid with officials planning to retire approximately 96%over 10 years.In our opinion,the net-debt-to-market-value ratio is a low 0.9%,which we consider a positive credit factor. In fiscal 2013,the county contributed 100%of its annual required pension contribution.The combined annual pension and other postemployment benefits cost accounted for 6%of total governmental expenditures in fiscal 2013. Strong Institutional Framework We consider the Institutional Framework score for Florida counties strong. W WW.STANDARDANDPOORS.COM/RATINGSDIRECT DECEMBER 12,2014 3 I V7,1,53 1 3022929 O 23 Summary:Indian River County, Florida; General Obligation Outlook The stable outlook reflects Standard&Poor's opinion of the county's very strong management,budgetary flexibility, and liquidity. If economic indicators and budgetary performance were to improve,we could raise the rating.At the same time,if budgetary performance were to weaken,causing either budgetary flexibility or liquidity to weaken,we could lower the rating.We,however,do not expect to change the rating over the outlook's two-year period. Related Criteria And Research Related Criteria USPF Criteria: Local Government GO Ratings Methodology And Assumptions,Sept. 12, 2013 Related Research • S&P Public Finance Local GO Criteria:How We Adjust Data For Analytic Consistency, Sept. 12, 2013 • Institutional Framework Overview:Florida Local Governments Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com.All ratings affected by this rating action can be found on Standard&Poor's public Web site at www.standardandpoors.com.Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT DECEMBER 12,2014 4 137.71;63 i 3022924)20 24 ' C3 ;.1_: I._fl.. i .! 1 :'t. wr. VNI vk" 36c fUS ;.nrC` illfUl(f ,j aSf fUSE3 0CrJ Congressional Advisory Board: Sen.Orrin Hatch(R-UT) Indian River County Sen.Roy Blunt(R-MO) December 17,2014 Marsha Blackburn(R-TN) Michael Burgess,MD(R-TX) DEC 2 3 2014 Tom Latham(R-IA) Ileana Rosd.ehtinen(R-FL) Office of lhc+ Howard"Buck"McKeon(R-CA) Dear Mr. Baird: CourtlyAdministratol Joseph Pitts(R-PA) Bill Posey(R-FL) Cathy McMorrisRodgers(R-WA) We are writing on behalf of the Board of Directors of Fred Upton(R-MI) the American Security Council Foundation to thank you and all of the staff members of the Indian River County Administration Board neral conal Offices for the strong support of the ASCF Step Up America USA(ReneralDonaldB.Smkh Heroes Appreciation Festival that was USA(Ret.) presented on December Chairman of the Board 6,2014 at Historic Dodgertown in Holman Stadium. Dr.Henry A.Fischer President&CEO Your generous support to our staff played a major role General Frederick J.Kroesen in the success of this outstanding event in raisin awareness USA(Ret.) g g I o Vice President and funds for the American Security Council Foundation's Step Honorable David C.Nolte up America scholarship program and the U. S. Navy's National Treasurer UDT/Seal Museum's Trident House. Mrs.Betsy Fischer Secretary Robert D.Johnson All of us on the board of directors are truly or appreciative of everything you have done to support us, not 1*aw.srabkBill McCollum only in the mission of promoting our Step Up America program, Director Drector ckl.Tllky but also in promoting the strategy of "Peace Through Strength" USA(Ret) that has kept America strong and free. Again, we send our Director heartfelt thanks for your strong and generous support of the foundations mission. Chairman Emeritus In Memoriam: In closing, We pledge our continued best efforts in Admiral Thomas H.Moorer US.Navy supporting America and ensuring that we always have the best RADM Robert H.Spiro,Jr. equipped, best trained, and best led military in the entire U.S.Navy world to ensure that America remains the beacon of freedom Senior Advisory Board: hope injustice throughout the entire world. 13'CMSAF Frederick"Jim"Finch USAF(Ret) On behalf of our entire Board of Directors, Senior 9'"MCPONJames Herdt Advisory Board, and Staff, we send you our very best wishes USN(Ret) for a joyous holiday season, a happy Hanukkah, and a blessed 140 SMMC Alford L McMichael Christmas. May God truly bless you and y USMC(Ret.) your family in the New g"MCPOCG Vincent W.Patton Year. USCG(Ret.) Governor George Pataki Sincerely, Mr.Jeff Luther Mr.Xavier Piedra Executive Director: Or.lames S.Robbins Dr.Henry A.Fischer Brig.Gen.Donald B.Smith;USA(R) President/CEO Chairman of the Board ASCF ASCF 25 -RECEIVL1 1) 2014 St. Johnsve V-a EOAItI) 01'COUNTY �- Water Management District COMMISSION _ -�} f Hans G.Tanzier III,Executive Director 4049 Reid Street • P.O.Box 1429 • Palatka, FL 32178-1429 • (386)329-4500 On the Internet at floridaswater.com. DATE: December 15, 2014 TO: Board of County Commissioners Attention: Recording Secretary FROM: Lori Griffith, Sr. Administrative Assistant SUBJECT: 2015 Governing Board Meeting Schedule 2015 meeting schedule announced for the St. Johns River Water Management District's Governing Board Meetings of the Governing Board of the St. Johns River Water Management District are open to the public for input in the governance process. As required by Florida law (189.417 Florida Statutes), this notice is given so that the public has an opportunity to attend meetings that may be of interest. Governing Board meetings are held at District Headquarters, 4049 Reid Street (Hwy. 100 west), Palatka, Fla. Date, time and location are subject to change at the discretion of the Governing Board. For additional information about the District, its Board and meeting dates, visit www.floridaswater.com. Meetings for 2015 are currently held upon conclusion of the 11 a.m. Regulatory Committee meeting and scheduled as follows: YEAR 2015 MONTH DATE JANUARY 13 FEBRUARY 10 MARCH 10 APRIL 14 MAY 12 JUNE 9 JULY 14 AUGUST 11 SEPTEMBER 8 SEPTEMBER 22 final budget hearing) 5:05pm OCTOBER 13 NOVEMBER 10 DECEMBER 8 --- ------------- ------ -- G O V E R N ING 8 O A N D — John A.Miklos,CHAIRMAN Fred N.Roberts Jr.,VICE CHAIRMAN Chuck Drake,SECRETARY Carla Yetter,TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C.Bournique Douglas Burnett Lad Daniels Maryam H.Ghyabi George W.Robbins VERO BEACH ST.AUGUSTINE JACKSONVILLE ORMOND BEACH JACKSONVILLE 26 r JEFFREY R. SMITH, CPA, CGFO, CGMA C',UN)" Clerk of Circuit Court&Comptroller ��' �o s.. `. Finance Department a . 1801271h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 11, 2014 SUBJECT: APPROVAL OF WARRANTS December 5, 2014 to December 11, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of December 5, 2014 to December 11, 2014. Attachment: DB: MS 27 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 320296 12/5/2014 l TEN-8 FIRE EQUIPMENT INC 176.53 320297 12/5/2014 1 AT&T WIRELESS 108.00 320298 12/5/2014 1 AT&T WIRELESS 712.56 320299 12/5/2014 1 PHYSIO CONTROL INC 2,936.58 320300 12/5/2014 1 CITY OF VERO BEACH 2,311.84 320301 12/5/2014 1 B/C B/S OF FL ADM FEE 9,990.00 320302 12/5/2014 1 BLUE CROSS&BLUE SHIELD of FLORIDA 1,519.96 320303 12/5/2014 1 JOSEPH A BAIRD 494.96 320304 12/5/2014 1 JASON E BROWN 668.07 320305 12/5/2014 l COMCAST 72.95 320306 12/5/2014 1 COMCAST 83.81 320307 12/5/2014 1 MUTUAL OF OMAHA 1,595.00 320308 12/5/2014 1 MUTUAL OF OMAHA 255.00 320309 12/5/2014 1 HEALTH ADVOCATE 330.00 320310 12/5/2014 1 SAFETY SC14ELL CORPORATION 2,110.00 320311 12/5/2014 1 SUN LIFE FINANCIAL 4,864.00 320312 12/11/2014 CLEMENTS PEST CONTROL 785.00 320313 12/11/2014 PORT CONSOLIDATED INC 23,117.55 320314 12/11/2014 JORDAN MOWER INC 877.50 320315 12/11/2014 TEN-8 FIRE EQUIPMENT INC 2,199.52 320316 12/11/2014 VERO CHEMICAL DISTRIBUTORS INC 154.35 320317 12/11/2014 AT&T WIRELESS 1,887.84 320318 12/11/2014 DATA FLOW SYSTEMS INC 1,323.90 320319 12/11/2414 SEWELL HARDWARE CO INC 97.85 320320 12/11/2014 E-Z BREW COFFEE&BOTTLE WATER SVC 25.97 320321 12/11/2014 KELLY TRACTOR CO 188,285.52 320322 12/11/2014 SAFETY KLEEN SYSTEMS INC 278.99 320323 12/11/2014 REPUBLIC SERVICES OF FLORIDA 728.49 320324 12/11/2014 MY RECEPTIONIST INC 263.60 320325 12/11/2014 AMERIGAS EAGLE PROPANE LP 32.35 320326 12/11/2014 AMERIGAS EAGLE PROPANE LP 2,420.17 320327 12/11/2014 DAILY COURIER SERVICE INC 2,277.00 320328 12/11/2014 GAYLORD BROTHERS INC 318.89 320329 12/11/2014 HACH CO 143.40 320330 12/11/2014 3M CO 440.00 320331 12/11/2014 NATIONAL FIRE PROTECTION ASSOC 2,511.00 320332 12/11/2014 HD SUPPLY WATERWORKS,LTD 3,330.51 320333 12/11/2014 BOUND TREE MEDICAL LLC 368.90 320334 12/11/2014 VERO INDUSTRIAL SUPPLY INC 86.18 320335 12/11/2014 ACE PLUMBING INC 127.50 320336 12/11/2014 PROFORMA IMAGING 44.40 320337 12/11/2014 TIRESOLES OF BROWARD INC 2,566.98 320338 12/11/2014 FIRESTONE COMPLETE AUTO CARE 1,662.36 320339 12/11/2014 DELL MARKETING LP 10,158.18 320340 12/11/2014 XEROX CORP SUPPLIES 233.46 320341 12/11/2014 GENERAL PART INC 2,129.04 320342 12/11/2014 BAKER&TAYLOR INC 480.12 320343 12/11/2014 MIDWEST TAPE LLC 1,109.75 320344 12/11/2014 PRECISION CONTRACTING SERVICES INC 280.50 320345 12/11/2014 PALM TRUCK CENTERS INC 310.84 320346 12/11/2014 RELIABLE POLY JOHN 82.71 320347 12/11/2014 SUNSHINE REHABILATION CENTER OF IRC INC 45.00 320348 12/11/2014 LINDSEY GARDENS LTD 475.00 320349 12/11/2014 CREATIVE CHOICE HOMES XVI LTD 664.00 320350 12/11/2014 CLERK OF CIRCUIT COURT 239.85 320351 12/11/2014 CITY OF VERO BEACH 87,757.41 320352 12/11/2014 INDIAN RIVER ALL FAB INC 1,266.98 320353 12/11/2014 UNITED PARCEL SERVICE INC 27.42 28 1 CHECK NBR CK DATE VENDOR AMOUNT 320354 12/11/2014 EBSCO INDUSTRIES INC 5,024.30 320355 12/11/2014 INDIAN RIVER COUNTY SHERIFF 34,104.09 320356 12/11/2014 JANITORIAL DEPOT OF AMERICA INC 395.86 .�.. 320357 12/11/2014 HUMANE SOCIETY 937.50 320358 12/11/2014 WAL MART STORES EAST LP 208.46 320359 12/11/2014 WAL MART STORES EAST LP 42.80 320360 12/11/2014 SAN MARCO INT'L INC 481.14 320361 12/11/2014 ACUSHNET COMPANY 174.65 320362 12/11/2014 INDIAN RIVER HABITAT 353.74 320363 12/11/2014 FEDERAL EXPRESS 29.42 320364 12/11/2014 FEDERAL EXPRESS 70.55 320365 12/11/2014 DON LAWLESS 60.00 320366 12/11/2014 CITY OF SEBASTIAN 10.00 320367 12/11/2014 FLORIDA BUREAU OF EMERGENCY MEDICAL SRV 1,925.00 320368 12/11/2014 FLORIDA POWER AND LIGHT 9,958.91 320369 12/11/2014 FLORIDA POWER AND LIGHT 322.26 320370 12/11/2014 ACUSHNET COMPANY 1,923.05 320371 12/11/2014 JAMES GRAY JR 294.10 320372 12/11/2014 FLORIDA PUBLIC EMPLOYER LABOR 85.00 320373 12/11/2014 GIFFORD YOUTH ACTIVITY CENTER INC 6,793.32 320374 12/11/2014 STATE ATTORNEY 400.00 320375 12/11/2014 CITY OF FELLSMERE 141.47 320376 12/11/2014 PEACE RIVER ELECTRIC COOP INC 375.00 320377 12/11/2014 HOLDEN KRISS 315.16 320378 12/11/2014 LANGUAGE LINE SERVICES INC 448.53 320379 12/11/2014 STRUNK FUNERAL HOMES&CREMATORY 425.00 320380 12/11/2014 JOSEPH A BAIRD 95.89 320381 12/11/2014 COX GIFFORD SEAWINDS 425.00 320382 12/11/2014 GERALD A YOUNG SR 75.00 320383 12/11/2014 ALAN C KAUFFMANN 165.00 v... 320384 12/11/2014 NAEMT 30.00 320385 12/11/2014 INDIAN RIVER COUNTY HISTORICAL 1,500.00 320386 12/11/2014 AIRGAS CARBONIC INC 2,706.62 320387 12/11/2014 INTERNATIONAL CODE COUNCIL INC 80.75 320388 12/11/2014 PINNACLE GROVE LTD 600.00 320389 12/11/2014 HOMETOWN NEWS 580.00 320390 12/11/2014 PERKINS COMPOUNDING PHARMACY 24.59 320391 12/11/2014 RUSSELL PAYNE INC 308.49 320392 12/11/2014 FOX MARINE 1,722.23 320393 12/11/2014 CEL1CO PARTNERSHIP 1,334.59 320394 12/11/2014 VAN WAL INC 406.00 320395 12/11/2014 MUTUAL OF OMAHA 16,497.42 320396 12/11/2014 JOSEPH W VASQUEZ 100.00 320397 12/11/2014 POLISH AMERICAN SOCIAL CLUB 200.00 320398 12/11/2014 FRANK BLAKE 354.52 320399 12/11/2014 CENTRAL PUMP& SUPPLY INC 1,264.54 320400 12/11/2014 DICKERSON FLORIDA INC 471,824.00 320401 12/11/2014 GLENN STRUNK 12,166.58 320402 12/11/2014 RICHARD M HERREN 150.00 320403 12/11/2014 COAST TO COAST BUILDERS OF FLORIDA INC 3,776.00 320404 12/11/2014 JOSE RIVERA 100.00 320405 12/11/2014 ORCHID ISLAND PROPERTY MGMT 11 INC 625.00 320406 12/11/2014 KENNY CAMPBELL JR 100.00 320407 12/11/2014 PAK MAIL 117.50 320408 12/11/2014 JOHNNY B SMITH 120.00 320409 12/11/2014 GLOBALSTAR USA 119.29 320410 12/11/2014 CHARLES A WALKER 100.00 320411 12/11/2014 FISHER&PHILLIPS LLP 4,652.75 320412 12/11/2014 MARCOS D FLORES 398.77 320413 12/11/2014 DANIEL IOFFREDO 85.00 29 2 CHECK NBR CK DATE VENDOR AMOUNT 320414 12/11/2014 CHERYLSCRANTON 3,127.50 320415 12/11/2014 YOUNG, BARTON&JENNIFER 432.04 320416 12/11/2014 MICHELLE VAN KEULEN 50.00 "�- 320417 12/11/2014 VERO NORTH LLC 28,901.57 320418 12/11/2014 K'S COMMERCIAL CLEANING 660.00 320419 12/11/2014 YOUTH GUIDANCE DONATION FUND 416.67 320420 12/11/2014 ALEX I4 YOON 432.33 320421 12/11/2014 SANDY ARACENA 85.00 320422 12/11/2014 ANNA GARRAMONE 431.53 320423 12/11/2014 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 176.85 320424 12/11/2014 HELPING ANIMALS LIVE-OVERCOME 31.00 320425 12/11/2014 TONER,MIKE&CAROL 431.84 320426 12/11/2014 YAMAHA GOLF CAR COMPANY 46.26 320427 12/11/2014 INEOS NEW PLANET BIOENERGY LLC 50.60 320428 12/11/2014 WOERNER DEVELOPMENT INC 193.00 320429 12/11/2014 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 320430 12/11/2014 KEMPER BUSINESS SYSTEMS 6.55 320431 12/11/2014 BOULEVARD TIRE CENTER 4,265.24 320432 12/11/2014 JANCY PET BURIAL SERVICE 97.75 320433 12/11/2014 MURPHY&WALKER P L 2,593.67 320434 12/11/2014 SAFETY SCHELL CORPORATION 11,191.64 320435 12/11/2014 DELRAY MOTORS 1,273.12 320436 12/11/2014 JOSEPH CATALANO 60.00 320437 12/11/2014 RAYMOND J DUCHEMIN 180.00 320438 12/11/2014 AMETEK DREXELBROOK 491.22 320439 12/11/2014 SARA L MATHEWS 25.00 320440 12/11/2014 KEITH GROCHOLL 60.00 320441 12/11/2014 RICHARD F HURST 398.33 320442 12/11/2014 GFA INTERNATIONAL INC 7,729.00 320443 12/11/2014 NEWSOM OIL COMPANY 760.65 .. 320444 12/11/2014 CENTRAL FLORIDA GOLF CARS INC 202.46 320445 12/11/2014 RELECTRIC SUPPLY CO LLC 717.00 320446 12/11/2014 REPROGRAPHIC SOLUTIONS INC 28.50 320447 12/11/2014 LOWES HOME CENTERS INC 1,621.70 320448 12/11/2014 LABOR READY SOUTHEAST INC 6,790.56 320449 12/11/2014 CB&I COASTAL PLANNING& ENGINEERING INC 18,573.48 320450 12/11/2014 CARDINAL HEALTH 110 INC 70.56 320451 12/11/2014 CARDINAL HEALTH 110INC 1,428.47 320452 12/11/2014 ADAMS FENCE 2 LLC 1,749.30 320453 12/11/2014 BURNETT LIME CO INC 3,133.20 320454 12/11/2014 ERIN BASKINS 67.73 320455 12/11/2014 COMMERCIAL BUILDING MAINTENANCE 1,643.00 320456 12/11/2014 KRAUS ASSOCIATES INC 35,945.50 320457 12/11/2014 MARK BAER 600.00 320458 12/11/2014 KANSAS STATE BANK OF MANHATTAN 890.57 320459 12/11/2014 GRACE TITLE INC 69.54 320460 12/11/2014 CHEMTRADE CHEMICALS CORPORTATION 2,505.17 320461 12/11/2014 DYLAN REINGOLD 218.00 320462 12/11/2014 CONSTANCE TAIBI-LEWIS 70.00 320463 12/11/2014 WADE WILSON 100.00 320464 12/11/2014 COAST TO COAST COMPUTER PRODUCTS 386.95 320465 12/11/2014 RICHARD BEECHER 60.00 320466 12/11/2014 SCOTT CARSON 117.60 320467 12/11/2014 THE LAW OFFICES OF JENNIFER D PESHKE PA 1,552.00 320468 12/11/2014 AXIS DATA SOLUTIONS INC 5,616.61 320469 12/11/2014 STS MAINTAIN SERVICES INC 1,450.00 320470 12/11/2014 ADY VOLTEDGE 4,000.00 .,.� 320471 12/11/2014 EAST COAST VETERINARY SERVICES LLC 226.00 320472 12/11/2014 NAPIER&ROLLIN PLLC 462.50 320473 12/11/2014 BRYAN CAVE LLP 79,962.30 30 3 CHECK NBR CK DATE VENDOR AMOUNT 320474 12/11/2014 ARROW INTERNATIONAL 1,659.27 320475 12/11/2014 CHADWICK PRESTON SMALLEY 1,505.00 320476 12/11/2014 PROFESSIONAL CAREER DEVELOPMENT INSTITUTE L 859.00 �,,.. 320477 12/11/2014 RONALD NICHELSON 60.00 320478 12/11/2014 AIR COMPRESSOR&MOTOR COMPANY 184.95 320479 12/11/2014 BRADLEY C LEEDHAM 538.00 320480 12/11/2014 GIVING KIDZACHANCE INC 1,666.66 320481 12/11/2014 HOUSING AUTHORITY OF THE COUNTY OF LAKE 407.27 320482 12/11/2014 ALLEGHENY COUNTY HOUSING AUTHORITY 427.34 320483 12/11/2014 RUSTY L MAXWELL 355.26 320484 12/11/2014 ROBERT JEFFREY WILD 432.76 320485 12/11/2014 EDWARD A KILBANE 431.80 320486 12/11/2014 JAMES DEAGRO 397.16 320487 12/11/2014 RODERICK J SMITH 398.40 320488 12/11/2014 RUDOLPH J MARCO 399.00 320489 12/11/2014 LISA L LUGO 399.11 320490 12/11/2014 FRANK SCLAFANI 396.89 320491 12/11/2014 LAVINIASCAIN 397.89 320492 12/11/2014 GEORGE BILL 398.77 320493 12/11/2014 SUE ANN DAVIA 397.31 320494 12/11/2014 WYATT DAVIS 396.67 320495 12/11/2014 MYRLEE HOWTON 354.84 320496 12/11/2014 WILLIAM T FRTIZ 432.29 320497 12/11/2014 ANDREW KRAUSE 430.47 320498 12/11/2014 LOUIS LEBLANC MORINIERE 432.83 320499 12/11/2014 JAMES E PIRKLE 398.29 320500 12/11/2014 JEFFREY L WATERS 397.09 320501 12/11/2014 PATRICK K LEDFORD 199.55 320502 12/11/2014 CAROLYN L LEDFORD 199.55 320503 12/11/2014 LARRY D MASCHHOFF 397.89 320504 12/11/2014 DBE MANAGEMENT INC 68.45 320505 12/11/2014 KENNETH BLUM 100.00 320506 12/11/2014 JOHN DIDIO 398.03 320507 12/11/2014 EDME E HAREWOOD 235.37 320508 12/11/2014 MURPHY OIL USA INC 266.58 320509 12/11/2014 DANIELLE HILLS 35.00 320510 12/11/2014 EDWARD&SUSAN HUGHES 610.27 320511 12/11/2014 FLORIDA ASSOCIATION OF EMS 100.00 320512 12/11/2014 WILKE INC 459.60 Grand Total: 1,210,506.75 31 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005367 12/5/2014 AT&T 11,732.62 1005368 12/5/2014 OFFICE DEPOT BSD CUSTOMER SVC 1,061.12 1005369 12/5/2014 WASTE MANAGEMENT INC 1,142.16 1005370 12/5/2014 EVERGLADES FARM EQUIPMENT CO INC 1,950.67 1005371 12/5/2014 COMMUNICATIONS INTERNATIONAL 47.60 1005372 12/5/2014 COPYCO INC 113.59 1005373 12/5/2014 HENRY SCHEIN INC 103.20 1005374 12/5/2014 HELENA CHEMICAL 825.00 1005375 12/5/2014 COLD AIR DISTRIBUTORS WAREHOUSE 229.26 1005376 12/5/2014 INDIAN RIVER BATTERY 1,121.65 1005377 12/5/2014 MIKES GARAGE&WRECKER SERVICE INC 265.00 1005378 12/5/2014 ABCO GARAGE DOOR CO INC 1,252.00 1005379 12/5/2014 NEWMANS POWER SYSTEMS 865.38 1005380 12/5/2014 GROVE WELDERS INC 157.15 1005381 12/5/2014 SOUTHERN COMPUTER WAREHOUSE 186.82 1005382 12/5/2014 APPLE MACHINE& SUPPLY CO 351.10 1005383 12/5/2014 BARKER ELECTRIC,AIR CONDITIONING 825.00 1005384 12/5/2014 MIDWEST MOTOR SUPPLY CO 555.54 1005385 12/5/2014 RECHTIEN INTERNATIONAL TRUCKS 30.35 1005386 12/5/2014 SOUTHERN JANITOR SUPPLY INC 2,726.07 1005387 12/5/2014 JOHN DEERE LANDSCAPES 403.60 1005388 12/5/2014 BENNETT AUTO SUPPLY INC 276.06 1005389 12/5/2014 AUTO PARTNERS LLC 242.65 1005390 12/5/2014 L&L DISTRIBUTORS 100.55 1005391 12/5/2014 S&S AUTO PARTS 606.60 1005392 12/5/2014 BERMUDA SANDS APPAREL LLC 245.48 1005394 12/8/2014 AT&T 70.44 1005395 12/10/201, NORTH SOUTH SUPPLY INC 99.28 1005396 12/10/201, SAFETY PRODUCTS INC 148.58 1005397 12/10/201, INDIAN RIVER BATTERY 490.80 1005398 12/10/201, DEMCOINC 151.97 1005399 12/10/201, MIKES GARAGE&WRECKER SERVICE INC 65.00 1005400 12/10/201, DAVES SPORTING GOODS&TROPHIES 24.00 1005401 12/10/201, APPLE INDUSTRIAL SUPPLY CO 162.70 1005402 12/10/201, SMITH BROTHERS CONTRACTING EQUIP 881.87 1005403 12/10/201, ALLIED UNIVERSAL CORP 7,796.08 1005404 12/10/201, IRRIGATION CONSULTANTS UNLIMITED INC 174.50 1005405 12/10/201, ARAMARK UNIFORM&CAREER APPAREL LLC 1,461.67 1005406 12/10/201, JOHNSON CONTROLS INC 719.00 1005407 12/10/201, SVI SYSTEMS INC 95.00 1005408 12/10/201, FERGUSON ENTERPRISES INC 256.00 1005409 12/10/201, COMO OIL COMPANY OF FLORIDA 40.02 1005410 12/10/201, SCRIPPS TREASURE COAST PUBLISHING LLC 1,804.80 1005411 12/10/201, MIDWEST MOTOR SUPPLY CO 391.00 1005412 12/10/201, FLAGLER CONSTRUCTION EQUIPMENT LLC 737.57 1005413 12/10/201, CAPITAL OFFICE PRODUCTS 318.87 1005414 12/10/201, JOHN DEERE LANDSCAPES 1,616.36 1005415 12/10/201, COMPUTEE INTERNET HOSTING INC 2,500.00 1005416 12/10/201, CUMMINS POWER SOUTH LLC 800.00 1005417 12/10/201, BENNETT AUTO SUPPLY INC 87.03 1005418 12/10/201, S&S AUTO PARTS 446.93 1005419 12/10/201, HYDRA SERVICE(S)INC 2,239.63 1005420 12/10/201, WRIGHT FASTENER COMPANY LLC 198.00 1005421 12/10/201, PACE ANALYTICAL SERVICES INC 2,512.60 1005422 12/11/201, OFFICE DEPOT BSD CUSTOMER SVC 897.20 �.. 1005423 12/11/201, WASTE MANAGEMENT INC 2,368.65 Grand Total: 56,971.77 32 t ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3316 12/4/2014 BENEFITS WORKSHOP 5,612.45 3317 12/4/2014 SENIOR RESOURCE ASSOCIATION 283,824.07 3318 12/4/2014 ATLANTIC COASTAL LAND TITLE CO LLC 117,590.20 3319 12/5/2014 NACO/SOUTHEAST 21,373.24 3320 12/5/2014 IRC FIRE FIGHTERS ASSOC 6,000.00 3321 12/5/2014 ICMA RETIREMENT CORPORATION 2,155.83 3322 12/5/2014 FLORIDA LEAGUE OF CITIES, INC 4,994.82 3323 12/5/2014 ICMA RETIREMENT CORPORATION 9,836.66 3324 12/5/2014 WRIGHT EXPRESS FSC 17,261.52 3325 12/5/2014 VETERANS COUNCIL OF I R C 5,714.22 3326 12/5/2014 JMC SERVICES INC 45,605.88 3327 12/5/2014 I R C HEALTH INSURANCE-TRUST 52,171.30 3328 12/5/2014 FL SDU 7,155.98 3329 12/5/2014 NACO/SOUTHEAST 483.41 3330 12/8/2014 IRS-PAYROLL TAXES 377,152.53 3331 12/10/201, IRS-PAYROLL TAXES 12,502.47 Grand Total: 969,434.58 33 l JEFFREYg R. SMITH, CPA, CGFO, CGMA , �o�Mt, •. Clerk of Circuit Court&Comptroller Finance Department 1801 27"' Street �+... Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 18, 2014 SUBJECT: APPROVAL OF WARRANTS December 12, 2014 to December 18, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of December 12, 2014 to December 18, 2014. Attachment: DB: MS 34 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 320513 12/12/2014 UTIL REFUNDS 33.41 320514 12/12/2014 UTIL REFUNDS 150.78 320515 12/12/2014 UTIL REFUNDS 24.79 320516 12/12/2014 UTIL REFUNDS 17.91 320517 12/12/2014 UTIL REFUNDS 34.92 320518 12/12/2014 UTIL REFUNDS 18.68 320519 12/12/2014 UTIL REFUNDS 35.49 320520 12/12/2014 UTIL REFUNDS 20.49 320521 12/12/2014 UTIL REFUNDS 42.88 320522 12/12/2014 UTIL REFUNDS 29.37 320523 12/12/2014 UTIL REFUNDS 62.06 320524 12/12/2014 UTIL REFUNDS 54.27 320525 12/12/2014 UTIL REFUNDS 27.18 320526 12/12/2014 UTIL REFUNDS 72.43 320527 12/12/2014 UTIL REFUNDS 134.98 320528 12/12/2014 UTIL REFUNDS 9.54 320529 12/12/2014 UTIL REFUNDS 51.43 320530 12/12/2014 UTIL REFUNDS 29.37 320531 12/12/2014 UTIL REFUNDS 23.73 320532 12/12/2014 UTIL REFUNDS 23.38 320533 12/12/2014 UTIL REFUNDS 62.23 320534 12/12/2014 UTIL REFUNDS 20.92 320535 12/12/2014 UTIL REFUNDS 30.57 320536 12/12/2014 UTIL REFUNDS 53.48 320537 12/12/2014 UTIL REFUNDS 66.68 320538 12/12/2014 UTIL REFUNDS 25.13 320539 12/12/2014 UTIL REFUNDS 11.83 320540 12/12/2014 UTIL REFUNDS 60.35 320541 12/12/2014 UTIL REFUNDS 38.90 �•.- 320542 12/12/2014 UTIL REFUNDS 82.28 320543 12/12/2014 UTIL REFUNDS 75.16 320544 12/12/2014 UTIL REFUNDS 13.05 320545 12/12/2014 UTIL REFUNDS 44.88 320546 12/12/2014 UTIL REFUNDS 38.32 320547 12/12/2014 UTIL REFUNDS 38.48 320548 12/12/2014 UTIL REFUNDS 26.81 320549 12/12/2014 UTIL REFUNDS 41.89 320550 12/12/2014 UTIL REFUNDS 130.36 320551 12/12/2014 UTIL REFUNDS 68.22 320552 12/12/2014 UTIL REFUNDS 52.31 320553 12/12/2014 UTIL REFUNDS 41.61 320554 12/12/2014 UTIL REFUNDS 17.23 320555 12/12/2014 UTIL REFUNDS 17.77 320556 12/12/2014 UTIL REFUNDS 93.60 320557 12/12/2014 UTIL REFUNDS 103.41 320558 12/12/2014 UTIL REFUNDS 40.96 320559 12/12/2014 UTIL REFUNDS 69.02 320560 12/12/2014 UTIL REFUNDS 77.53 320561 12/12/2014 UTIL REFUNDS 4.29 320562 12/12/2014 UTIL REFUNDS 69.64 320563 12/12/2014 UTIL REFUNDS 106.04 320564 12/12/2014 UTIL REFUNDS 42.18 320565 12/12/2014 UTIL REFUNDS 39.00 320566 12/12/2014 UTIL REFUNDS 30.12 320567 12/12/2014 UTIL REFUNDS 28.28 320568 12/12/2014 UTIL REFUNDS 56.11 320569 12/12/2014 UTIL REFUNDS 75.16 320570 12/12/2014 UTIL REFUNDS 33.87 1 35 CHECK NBR CK DATE VENDOR AMOUNT 320571 12/12/2014 UTIL REFUNDS 157.23 320572 12/12/2014 UTIL REFUNDS 71.76 320573 12/12/2014 UTIL REFUNDS 31.94 320574 12/12/2014 UTIL REFUNDS 17.71 320575 12/12/2014 UTIL REFUNDS 155.04 320576 12/12/2014 UTIL REFUNDS 77.53 320577 12/12/2014 UTIL REFUNDS 71.21 320578 12/12/2014 UTIL REFUNDS 62.06 320579 12/12/2014 UTIL REFUNDS 76.73 320580 12/12/2014 UTIL REFUNDS 52.69 320581 12/12/2014 UTIL REFUNDS 73.58 320582 12/12/2014 UTIL REFUNDS 68.22 320583 12/12/2014 UTIL REFUNDS 5.48 320584 12/12/2014 UTIL REFUNDS 44.84 320585 12/12/2014 UTIL REFUNDS 52.69 320586 12/12/2014 UTIL REFUNDS 17.08 320587 12/12/2014 UTIL REFUNDS 62.45 320588 12/12/2014 UTIL REFUNDS 45.95 320589 12/12/2014 UTIL REFUNDS 33.72 320590 12/12/2014 UTIL REFUNDS 45.35 320591 12/12/2014 UTIL REFUNDS 83.85 320592 12/12/2014 UTIL REFUNDS 114.31 320593 12/12/2014 UTIL REFUNDS 29.01 320594 12/12/2014 UTIL REFUNDS 45.78 320595 12/12/2014 UTIL REFUNDS 49.85 320596 12/12/2014 UTIL REFUNDS 27.17 320597 12/12/2014 UTIL REFUNDS 43.26 320598 12/12/2014 UTIL REFUNDS 4.52 320599 12/12/2014 UTIL REFUNDS 9.76 320600 12/12/2014 UTIL REFUNDS 22.53 320601 12/12/2014 UTIL REFUNDS 2.15 320602 12/12/2014 UTIL REFUNDS 1,540.45 320603 12/12/2014 UTIL REFUNDS 12.80 320604 12/12/2014 UTIL REFUNDS 47.01 320605 12/12/2014 UTIL REFUNDS 75.16 320606 12/12/2014 UTIL REFUNDS 45.11 320607 12/12/2014 UTIL REFUNDS 39.93 320608 12/12/2014 UTIL REFUNDS 19,729.87 320609 12/18/2014 PORT CONSOLIDATED INC 90,798.15 320610 12/18/2014 DON REID FORD 24,042.00 320611 12/18/2014 JORDAN MOWER INC 665.99 320612 12/18/2014 RANGER CONSTRUCTION IND INC 144.20 320613 12/18/2014 VERO CHEMICAL DISTRIBUTORS INC 103.65 320614 12/18/2014 CHISHOLM CORP OF VERO 1,468.57 320615 12/18/2014 VELDE FORD INC 4,100.71 320616 12/18/2014 STEWART MINING INDUSTRIES INC 410.74 320617 12/18/2014 AT&T WIRELESS 1,634.02 320618 12/18/2014 DATA FLOW SYSTEMS INC 22,036.95 320619 12/18/2014 PARALEE COMPANY INC 7,080.00 320620 12/18/2014 E-Z BREW COFFEE&BOTTLE WATER SVC 40.45 320621 12/18/2014 KELLY TRACTOR CO 1,034.41 320622 12/18/2014 REPUBLIC SERVICES OF FLORIDA 436,041.56 320623 12/18/2014 TEMPLE INC 11,435.00 320624 12/18/2014 MCMASTER CARR SUPPLY CO 344.09 320625 12/18/2014 AMERIGAS EAGLE PROPANE LP 144.01 320626 12/18/2014 DAILY COURIER SERVICE INC 218.00 320627 12/18/2014 HACH CO 2,326.75 320628 12/18/2014 PHYSIO CONTROL INC 767.97 320629 12/18/2014 3M CO 825.00 320630 12/18/2014 DUVAL FORD 23,881.00 2 36 CHECK NBR CK DATE VENDOR AMOUNT 320631 12/18/2014 HD SUPPLY WATERWORKS, LTD 10,274.67 320632 12/18/2014 BOUND TREE MEDICAL LLC 1,120.54 320633 12/18/2014 SCHULKE BITTLE& STODDARD LLC 2,617.41 320634 12/18/2014 EGP INC 302.59 320635 12/18/2014 VERO INDUSTRIAL SUPPLY INC 694.20 320636 12/18/2014 ACE PLUMBING INC 115.00 320637 12/18/2014 TIRESOLES OF BROWARD INC 1,947.74 320638 12/18/2014 ECOLOGICAL ASSOCIATES INC 33,398.88 320639 12/18/2014 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,500.00 320640 12/18/2014 GENERAL PART INC 1,230.16 320641 12/18/2014 GOODYEAR AUTO SERVICE CENTER 49.00 320642 12/18/2014 SIGNS IN A DAY 447.00 320643 12/18/2014 BAKER&TAYLOR INC 3,119.04 320644 12/18/2014 MIDWEST TAPE LLC 1,041.40 320645 12/18/2014 GOLF SUPPLY HOUSE USA INC 157.78 320646 12/18/2014 PRECISION CONTRACTING SERVICES INC 13,615.10 320647 12/18/2014 MICROMARKETING LLC 419.31 320648 12/18/2014 K&M ELECTRIC SUPPLY 151.79 320649 12/18/2014 MICHAEL JACKOWSKI 500.00 320650 12/18/2014 LINDSEY GARDENS LTD 500.00 320651 12/18/2014 EDITH WILLIAMS 375.00 320652 12/18/2014 CLERK OF CIRCUIT COURT 1,530.90 320653 12/18/2014 CITY OF VERO BEACH 55,004.88 320654 12/18/2014 ILLINOIS STATE DISBURSEMENT UNIT 142.32 320655 12/18/2014 CHAPTER 13 TRUSTEE 478.38 320656 12/18/2014 UNITED WAY OF INDIAN RIVER COUNTY 716.94 320657 12/18/2014 INDIAN RIVER ALL FAB INC 86.52 320658 12/18/2014 UNITED PARCEL SERVICE INC 9.06 320659 12/18/2014 FLORIDA EAST COAST RAILWAY LLC 1,701.00 320660 12/18/2014 JANITORIAL DEPOT OF AMERICA INC 989.30 320661 12/18/2014 PUBLIX SUPERMARKETS 18.95 �+.. 320662 12/18/2014 ACUSHNET COMPANY 164.44 320663 12/18/2014 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00 320664 12/18/2014 AQUAGENIX 650.00 320665 12/18/2014 CARLITA HARVEY 39.23 3206o`6 12/18/2014 IRC CHAMBER OF COMMERCE 7,291.49 320667 12/18/2014 FEDERAL EXPRESS 32.40 320668 12/18/2014 MUNICIPAL CODE CORPORATION 1,302.28 320669 12/18/2014 DON LAWLESS 60.00 320670 12/18/2014 SOUTHEAST DESALTING ASSOCIATION 40.00 320671 12/18/2014 TRAFFIC PARTS INC 1,280.50 320672 12/18/2014 SUBSTANCE AWARENESS COUNCIL OF IRC INC 34,296.90 320673 12/18/2014 FLORIDA RECREATION&PARK ASSOC INC 70.00 320674 12/18/2014 FLORIDA POWER AND LIGHT 37,500.82 320675 12/18/2014 FLORIDA POWER AND LIGHT 2,309.24 320676 12/18/2014 ACUSHNET COMPANY 618.72 320677 12/18/2014 COLLEEN PETERSON 781.53 320678 12/18/2014 PUBLIC DEFENDER 14,665.84 320679 12/18/2014 PHILLIP J MATSON 104.13 320680 12/18/2014 TAYLOR MADE GOLF CO INC 59.55 320681 12/18/2014 IRC HOUSING AUTHORITY 560.00 320682 12/18/2014 GIFFORD YOUTH ACTIVITY CENTER INC 2,755.61 320683 12/18/2014 STATE ATTORNEY 1,153.46 320684 12/18/2014 SUNSHINE STATE ONE CALL OF FL INC 1,116.98 320685 12/18/2014 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,166.67 320686 12/18/2014 STRUNK FUNERAL HOMES&CREMATORY 425.00 320687 12/18/2014 TOCOMA RUBBER STAMP&MARKING SYSTEM 176.85 320688 12/18/2014 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 20,300.00 320689 12/18/2014 TREASURE COAST SPORTS COMMISSION INC 10,214.14 320690 12/18/2014 NEW YORK TIMES 878.80 3 37 CHECK NBR CK DATE VENDOR AMOUNT 320691 12/18/2014 INDIAN RIVER COUNTY HEALTHY START 416.66 320692 12/18/2014 FLORIDA UC FUND 1,139.25 320693 12/18/2014 GERALD A YOUNG SR 90.00 320694 12/18/2014 PITNEY BOWES INC 201.00 320695 12/18/2014 ALAN C KAUFFMANN 160.00 320696 12/18/2014 DAVID HAYS PE 130.00 320697 12/18/2014 G K ENVIRONMENTAL INC 3,193.36 320698 12/18/2014 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 17.82 320699 12/18/2014 CHILDRENS HOME SOCIETY OF FL 2,000.00 320700 12/18/2014 AIRGAS CARBONIC INC 2,706.62 320701 12/18/2014 INTERNATIONAL CODE COUNCIL INC 51.50 320702 12/18/2014 TIM GEIB 120.00 320703 12/18/2014 PINNACLE GROVE LTD 500.00 320704 12/18/2014 HAYTH,HAYTH&LANDAU 125.00 320705 12/18/2014 INSTITUTE OF TRANSPORTATION 825.00 320706 12/18/2014 RUSSELL PAYNE INC 642.39 320707 12/18/2014 CELICO PARTNERSHIP 989.49 320708 12/18/2014 CINTAS CORPORATION NO 2 253.14 320709 12/18/2014 VAN WAL INC 679.00 320710 12/18/2014 JOSEPH W VASQUEZ 120.00 320711 12/18/2014 BIG BROTHERS AND BIG SISTERS 1,250.00 320712 12/18/2014 RECYCLE FLORIDA TODAY INC 125.00 320713 12/18/2014 SANDRA L BOWDEN 78.42 320714 12/18/2014 OCLC ONLINE COMPUTER LIBRARY CENTER 397.35 320715 12/18/2014 LOURDES INNERST 120.00 320716 12/18/2014 CENTRAL PUMP&SUPPLY INC 56.72 320717 12/18/2014 BROWN,KENT T&EMMY 500.00 320718 12/18/2014 MASTELLER&MOLER INC 26,422.00 320719 12/18/2014 LEE COOPER 432.33 320720 12/18/2014 LUVINE ROSS 475.00 320721 12/18/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.41 �... 320722 12/18/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.39 320723 12/18/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.09 320724 12/18/2014 PETER A SAMPSON 353.03 320725 12/18/2014 JOHN DEERE LANDSCAPES 1,912.20 320726 12/1 00/2014 JOSE RIVERA 60.00 320727 12/18/2014 1ST FIRE& SECURITY INC 283.00 320728 12/18/2014 HINKLE&SONS SERVICES INC 3,400.00 320729 12/18/2014 KENNY CAMPBELL JR 60.00 320730 12/18/2014 PETER OBRYAN 44.09 320731 12/18/2014 ALL PRECISION SHUTTERS INC 3,097.00 320732 12/18/2014 INDIAN RIVER MAGAZINE INC 395.00 320733 12/18/2014 HIBU INC 251.00 320734 12/18/2014 HARRY COX 60.15 320735 12/18/2014 MICHAEL KISIO 16.80 320736 12/18/2014 CHARLES A WALKER 120.00 320737 12/18/2014 FISHER&PHILLIPS LLP 18,162.38 320738 12/18/2014 BRIAN FREEMAN 27.05 320739 12/18/2014 THOMAS R LEWIS 2,500.00 320740 12/18/2014 PUZZO,BEVERLY&PETER 432.83 320741 12/18/2014 TREASURE COAST FOOD BANK INC 339.84 320742 12/18/2014 JOHN MESKILL 560.00 320743 12/18/2014 K'S COMMERCIAL CLEANING 900.00 320744 12/18/2014 NICOLACE MARKETING INC 2,084.75 320745 12/18/2014 CONNIE BOWLING 96.00 320746 12/18/2014 EQ THE ENVIRONMENTAL QUALITY COMPANY 10,435.00 320747 12/18/2014 TRITEL INC 99.00 320748 12/18/2014 TERESA PULIDO 210.00 320749 12/18/2014 CAROLYN BRADLEY 45.09 320750 12/18/2014 FLORIDA HANDLING SYSTEMS INC 680.00 4 38 CHECK NBR CK DATE VENDOR AMOUNT 320751 12/18/2014 SANDYARACENA 120.00 320752 12/18/2014 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 1,023.00 320753 12/18/2014 LOIS TABLER 57.00 320754 12/18/2014 YAMAHA GOLF CAR COMPANY 28.95 320755 12/18/2014 GHO HOMES CORPORATION 83,894.92 320756 12/18/2014 CREATIVE POWER SOLUTIONS INC 11,290.60 320757 12/18/2014 BOULEVARD TIRE CENTER 102.50 320758 12/18/2014 JULIE NORMAN 90.00 320759 12/18/2014 DELRAY MOTORS 536.11 320760 12/18/2014 EUTEK SYSTEMS 1,116.87 320761 12/18/2014 PEGGY CARDELL&ASSOCIATES 660.00 320762 12/18/2014 RAYMOND J DUCHEMIN 60.00 320763 12/18/2014 MHC OPERATING LIMITED PARTNERSHIP 400.00 320764 12/18/2014 KEITH GROCHOLL 60.00 320765 12/18/2014 TOTAL ID SOLUTIONS INC 295.00 320766 12/18/2014 ORLANDO FREIGHTLINER INC 942.83 320767 12/18/2014 ALAN JAY CHEVROLET CADILLAC 22,650.50 320768 12/18/2014 LINDA GRAHAM 180.00 320769 12/18/2014 TIM ZORC 140.65 320770 12/18/2014 FLORIDA TIME CLOCK 589.27 320771 12/18/2014 REPROGRAPHIC SOLUTIONS INC 7.92 320772 12/18/2014 AMERICAN MESSAGING SERVICES LLC 12.49 320773 12/18/2014 LOWES HOME CENTERS INC 781.13 320774 12/18/2014 LABOR READY SOUTHEAST INC 8,663.04 320775 12/18/2014 CB&I COASTAL PLANNING&ENGINEERING INC 4,907.50 320776 12/18/2014 CARDINAL HEALTH 110 INC 155.13 320777 12/18/2014 CANON SOLUTIONS AMERICA INC 970.80 320778 12/18/2014 STEVEN G HANSEN 180.00 320779 12/18/2014 ELSTERAMCO WATER LLC 19,089.00 320780 12/18/2014 SOUTHWIDE INDUSTRIES INC 48,233.51 320781 12/18/2014 O SPORTSWEAR LLC 81.00 320782 12/18/2014 PENGUIN RANDOM HOUSE LLC 37.50 320783 12/18/2014 STRAIGHT OAK LLC 342.83 320784 12/18/2014 SCADA SOLUTIONS LLC 1,600.00 320785 12/18/2014 CALDWELL PACETTI EDWARDS 1,440.00 320786 12/18/2014 SUN MOUNTAIN SPORTS INC 118.00 320787 12/18/2014 KANSAS STATE BANK OF MANHATTAN 276.80 320788 12/18/2014 C E R SIGNATURE CLEANING 5,850.00 320789 12/18/2014 COURSE TRENDS INC 300.00 320790 12/18/2014 CHEMTRADE CHEMICALS CORPORTATION 2,504.53 320791 12/18/2014 SAMBA HOLDINGS INC 2,308.53 320792 12/18/2014 WADE WILSON 120.00 320793 12/18/2014 FAMILY SUPPORT REGISTRY 9.66 320794 12/18/2014 FLORIDA DESIGN DRILLING CORP 72,996.05 320795 12/18/2014 RDW QUALITY BUILDERS LLC 51 182.50 320796 12/18/2014 JEFF PASSARETTI 60.00 320797 12/18/2014 AMEC ENVIRONMENT&INFRASTRUCTURE INC 9,697.00 320798 12/18/2014 MARY JENKINS 154.00 320799 12/18/2014 PIERCE GOODWIN ALEXANDER&LINVILLE INC 2,600.00 320800 12/18/2014 ANDREW D.FLEISHER,ESQ 150.00 320801 12/18/2014 ALL N PROFESSIONAL SERVICES 950.00 320802 12/18/2014 INTEGRITY LAWNS LLC 1,750.00 320803 12/18/2014 DATO CONSTRUCTION INC 38,966.17 320804 12/18/2014 LANGHAM CONSULTING SERVICES INC 12,870.00 320805 12/18/2014 eMAINT ENTERPRISES LLC 3,060.00 320806 12/18/2014 AMY GOMEZ 50.00 320807 12/18/2014 RICHARD CARL COULTER 2,793.00 320808 12/18/2014 JANET BARON 1,782.00 320809 12/18/2014 BONNIE ROTHSCHILD 16.00 320810 12/18/2014 BARBARA CRAMER 104.00 5 39 CHECK NBR CK DATE VENDOR AMOUNT 320811 12/18/2014 SAMANTHA DEAN 133.00 320812 12/18/2014 RUTHANN HODGSON 180.85 320813 12/18/2014 ADOLPHUS NICHOLSON 39.23 320814 12/18/2014 SANDRA SMITH 188.70 r... 320815 12/18/2014 KENNETH L WESSEL 237.35 320816 12/18/2014 CHERIE L FORSYTHE 430.29 320817 12/18/2014 ROBERTA JONES 350.00 320818 12/18/2014 DBPR 35.00 320819 12/18/2014 UTIL REFUNDS 64.53 320820 12/18/2014 UTIL REFUNDS 68.26 320821 12/18/2014 UTIL REFUNDS 56.00 320822 12/18/2014 UTIL REFUNDS 36.85 320823 12/18/2014 UTIL REFUNDS 74.38 320824 12/18/2014 UTIL REFUNDS 34.93 320825 12/18/2014 UTIL REFUNDS 29.20 320826 12/18/2014 UTIL REFUNDS 131.80 320827 12/18/2014 UTIL REFUNDS 8.48 320828 12/18/2014 UTIL REFUNDS 75.16 320829 12/18/2014 UTIL REFUNDS 39.90 320830 12/18/2014 UTIL REFUNDS 310.31 320831 12/18/2014 UTIL REFUNDS 25.10 320832 12/18/2014 UTIL REFUNDS 6.28 320833 12/18/2014 UTIL REFUNDS 32.73 320834 12/18/2014 UTIL REFUNDS 27.74 320835 12/18/2014 UTIL REFUNDS 31.67 320836 12/18/2014 UTIL REFUNDS 53.48 320837 12/18/2014 UTIL REFUNDS 62.32 320838 12/18/2014 UTIL REFUNDS 246.00 320839 12/18/2014 UTIL REFUNDS 66.04 320840 12/18/2014 UTIL REFUNDS 58.91 320841 12/18/2014 UTIL REFUNDS 82.46 320842 12/18/2014 UTIL REFUNDS 48.87 320843 12/18/2014 UTIL REFUNDS 14.58 320844 12/18/2014 UTIL REFUNDS 40.54 320845 12/18/2014 UTIL REFUNDS 40.96 320846 12/18/2014 UTIL REFUNDS 37.48 320847 12/18/2014 UTIL REFUNDS 39.86 320848 12/18/2014 UTIL REFUNDS 74.54 320849 12/18/2014 UTIL REFUNDS 59.97 320850 12/18/2014 UTIL REFUNDS 18.37 320851 12/18/2014 UTIL REFUNDS 67.71 320852 12/18/2014 UTIL REFUNDS 33.72 320853 12/18/2014 UTIL REFUNDS 48.71 Grand Total: 1,533,921.90 6 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005424 12/15/201, EVERGLADES FARM EQUIPMENT CO INC 1,643.27 1005425 12/15/201, PARKS RENTAL& SALES INC 170.89 1005426 12/15/201, PRAXAIR DISTRIBUTION SOUTHEAST LLC 334.76 1005427 12/15/201, COMMUNICATIONS INTERNATIONAL 28,342.95 1005428 12/15/201, COPYCOINC 14.33 1005429 12/15/201, SAFETY PRODUCTS INC 431.79 1005430 12/15/201, COLD AIR DISTRIBUTORS WAREHOUSE 491.20 1005431 12/15/201, INDIAN RIVER BATTERY 30.00 1005432 12/15/201, MIKES GARAGE&WRECKER SERVICE INC 1,373.21 1005433 12/15/201, DAVES SPORTING GOODS&TROPHIES 1,688.00 1005434 12/15/201, APPLE INDUSTRIAL SUPPLY CO 359.37 1005435 12/15/201, TEAM EQUIPMENT INC 3,253.34 1005436 12/15/201, SMITH BROTHERS CONTRACTING EQUIP 172.12 1005437 12/15/201, ALLIED UNIVERSAL CORP 5,275.34 1005438 12/15/201, IRRIGATION CONSULTANTS UNLIMITED INC 36.44 1005439 12/15/201, WORLD INDUSTRIAL EQUIPMENT INC 3,548.98 1005440 12/15/201, SOUTHERN COMPUTER WAREHOUSE 31.54 1005441 12/15/201, VERO COLLISION CENTER 5,211.70 1005442 12/15/201, CENGAGE LEARNING CORPORATION 598.52 1005443 12/15/201, FERGUSON ENTERPRISES INC 16,730.75 1005444 12/15/201, PRIDE ENTERPRISES 93.77 1005445 12/15/201, SCRIPPS TREASURE COAST PUBLISHING LLC 105.30 1005446 12/15/201, GLOBAL GOLF SALES INC 113.64 1005447 12/15/201, BARKER ELECTRIC,AIR CONDITIONING 85.00 1005448 12/15/201, SYNAGRO-WWT INC 21,003.91 1005449 12/15/201, POLYDYNE INC 2,507.00 1005450 12/15/201, SOUTHERN JANITOR SUPPLY INC 90.60 1005451 12/15/201, CAPITAL OFFICE PRODUCTS 846.89 1005452 12/15/201, CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 611.34 1005453 12/15/201, MUNICIPAL WATER WORKS INC 3,090.70 1005454 12/15/201, BENNETT AUTO SUPPLY INC 62.47 1005455 12/15/201, AUTO PARTNERS LLC 430.03 1005456 12/15/201, CUSTOM PRODUCTS CORPORATION 7,245.02 1005457 12/15/201, S& S AUTO PARTS 783.14 1005458 12/15/201, STAT MEDICAL DISPOSAL INC 520.00 1005459 12/15/201, HYDRA SERVICE(S) INC 12,493.00 1005460 12/15/201, HORIZON DISTRIBUTORS INC 72.78 1005461 12/15/201, PACE ANALYTICAL SERVICES INC 6,423.80 1005462 12/16/201, ARAMARK UNIFORM&CAREER APPAREL LLC 1,152.54 Grand Total: 127,469.43 r 1 41 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005424 12/15/201, EVERGLADES FARM EQUIPMENT CO INC 1,643.27 •... 1005425 12/15/201, PARKS RENTAL&SALES INC 170.89 1005426 12/15/201, PRAXAIR DISTRIBUTION SOUTHEAST LLC 334.76 1005427 12/15/201, COMMUNICATIONS INTERNATIONAL 28,342.95 1005428 12/15/201, COPYCOINC 14.33 1005429 12/15/201, SAFETY PRODUCTS INC 431.79 1005430 12/15/201, COLD AIR DISTRIBUTORS WAREHOUSE 491.20 1005431 12/15/201, INDIAN RIVER BATTERY 30.00 1005432 12/15/201, MIKES GARAGE&WRECKER SERVICE INC 1,373.21 1005433 12/15/201, DAVES SPORTING GOODS&TROPHIES 1,688.00 1005434 12/15/201, APPLE INDUSTRIAL SUPPLY CO 359.37 1005435 12/15/201, TEAM EQUIPMENT INC 3,253.34 1005436 12/15/201, SMITH BROTHERS CONTRACTING EQUIP 172.12 1005437 12/15/201, ALLIED UNIVERSAL CORP 5,275.34 1005438 12/15/201, IRRIGATION CONSULTANTS UNLIMITED INC 36.44 1005439 12/15/201, WORLD INDUSTRIAL EQUIPMENT INC 3,548.98 1005440 12/15/201, SOUTHERN COMPUTER WAREHOUSE 31.54 1005441 12/15/201, VERO COLLISION CENTER 5,211.70 1005442 12/15/201, CENGAGE LEARNING CORPORATION 598.52 1005443 12/15/201, FERGUSON ENTERPRISES INC 16,730.75 1005444 12/15/201, PRIDE ENTERPRISES 93.77 1005445 12/15/201, SCRIPPS TREASURE COAST PUBLISHING LLC 105.30 1005446 12/15/201, GLOBAL GOLF SALES INC 113.64 1005447 12/15/201, BARKER ELECTRIC,AIR CONDITIONING 85.00 1005448 12/15/201, SYNAGRO-WWT INC 21,003.91 1005449 12/15/201, POLYDYNE INC 2,507.00 1005450 12/15/201, SOUTHERN JANITOR SUPPLY INC 90.60 1005451 12/15/201, CAPITAL OFFICE PRODUCTS 846.89 1005452 12/15/201, CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 611.34 `OW 1005453 12/15/201, MUNICIPAL WATER WORKS INC 3,090.70 1005454 12/15/201, BENNETT AUTO SUPPLY INC 62.47 1005455 12/15/201, AUTO PARTNERS LLC 430.03 1005456 12/15/201, CUSTOM PRODUCTS CORPORATION 7,245.02 100545/ 12/15/201, S& S AUTO PARTS 783.14 1005458 12/15/201, STAT MEDICAL DISPOSAL INC 520.00 1005459 12/15/201, HYDRA SERVICE(S)INC 12 493.00 1005460 12/15/201, HORIZON DISTRIBUTORS INC 72.78 1005461 12/15/201, PACE ANALYTICAL SERVICES INC 6,423.80 1005462 12/16/201, ARAMARK UNIFORM&CAREER APPAREL LLC 1,152.54 Grand Total: 127,469.43 1 42 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005424 12/15/201, EVERGLADES FARM EQUIPMENT CO INC 1,643.27 1005425 12/15/201, PARKS RENTAL&SALES INC 170.89 1005426 12/15/201, PRAXAIR DISTRIBUTION SOUTHEAST LLC 334.76 1005427 12/15/201, COMMUNICATIONS INTERNATIONAL 28,342.95 1005428 12/15/201, COPYCOINC 14.33 1005429 12/15/201, SAFETY PRODUCTS INC 431.79 1005430 12/15/201, COLD AIR DISTRIBUTORS WAREHOUSE 491.20 1005431 12/15/201, INDIAN RIVER BATTERY 30.00 1005432 12/15/201, MIKES GARAGE&WRECKER SERVICE INC 1,373.21 1005433 12/15/201, DAVES SPORTING GOODS&TROPHIES 1,688.00 1005434 12/15/201, APPLE INDUSTRIAL SUPPLY CO 359.37 1005435 12/15/201, TEAM EQUIPMENT INC 3,253.34 1005436 12/15/201, SMITH BROTHERS CONTRACTING EQUIP 172.12 1005437 12/15/201, ALLIED UNIVERSAL CORP 5,275.34 1005438 12/15/201, IRRIGATION CONSULTANTS UNLIMITED INC 36.44 1005439 12/15/201, WORLD INDUSTRIAL EQUIPMENT INC 3,548.98 1005440 12/15/201, SOUTHERN COMPUTER WAREHOUSE 31.54 1005441 12/15/201, VERO COLLISION CENTER 5,211.70 1005442 12/15/201, CENGAGE LEARNING CORPORATION 598.52 1005443 12/15/201, FERGUSON ENTERPRISES INC 16,730.75 1005444 12/15/201, PRIDE ENTERPRISES 93.77 1005445 12/15/201, SCRIPPS TREASURE COAST PUBLISHING LLC 105.30 1005446 12/15/201, GLOBAL GOLF SALES INC 113.64 1005447 12/15/201, BARKER ELECTRIC,AIR CONDITIONING 85.00 1005448 12/15/201, SYNAGRO-WWT INC 21,003.91 1005449 12/15/201, POLYDYNE INC 2,507.00 1005450 12/15/201, SOUTHERN JANITOR SUPPLY INC 90.60 1005451 12/15/201, CAPITAL OFFICE PRODUCTS 846.89 1005452 12/15/201, CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 611.34 1005453 12/15/201, MUNICIPAL WATER WORKS INC 3,090.70 1005454 12/15/201, BENNETT AUTO SUPPLY INC 62.47 1005455 12/15/201, AUTO PARTNERS LLC 430.03 1005456 12/15/201, CUSTOM PRODUCTS CORPORATION 7,245.02 1005457 12/15/201, S&S AUTO PARTS 783.14 1005458 12/15/201, STAT MEDICAL DISPOSAL INC 520.00 1005459 12/15/201, HYDRA SERVICE(S) INC 12 493.00 1005460 12/15/201, HORIZON DISTRIBUTORS INC 72.78 1005461 12/15/201, PACE ANALYTICAL SERVICES INC 6,423.80 1005462 12/16/201, ARAMARK UNIFORM&CAREER APPAREL LLC 1,152.54 Grand Total: 127,469.43 1 43 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3332 12/12/201, KIMLEY HORN&ASSOC INC 2,872.00 3333 12/16/201, US DEPT OF HEALTH AND HUMAN SERVICES 211,302.00 3334 12/16/201, ELITE TITLE 25,569.00 Grand Total: 239,743.00 1 44 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3332 12/12/201, KIMLEY HORN&ASSOC INC 2,872.00 3333 12/16/201, US DEPT OF HEALTH AND HUMAN SERVICES 211,302.00 3334 12/16/201, ELITE TITLE 25,569.00 Grand Total: 239,743.00 1 45 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3332 12/12/201, KIMLEY HORN&ASSOC INC 2,872.00 3333 12/16/201, US DEPT OF HEALTH AND HUMAN SERVICES 211,302.00 3334 12/16/201, ELITE TITLE 25,569.00 Grand Total: 239,743.00 1 46 ,,,m� January 6, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 19, 2014 SUBJECT: Cape Canaveral Commission Meeting January 21, 2015 FROM: Tim Zorc Commissioner, District 3 1 kindly request approval to attend the Cape Canaveral Commission Meeting with Staff on January 21, 2015. 1 plan on addressing Foreign Trade Zone #136 Indian River .... County Sub Zone with the Commission. 47 CONSENT: 1/6/2015 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,.-Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 29, 2014 RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. REQUESTED ACTION: Authorize staff to advertise for a public hearing on February 10, 2015 to amend Section 100.03(4) of the Indian River County Code. nhm Approved for January 6,2015 BCC Meeting Consent Indian River Co. AmOved Date Admin. — l 3) f COUNTY ATTORNEY Co.Afty. t 1-\ Budget Department Risk Management 48 A Of ce of co,,.i,vil 011106,115 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold.,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Chris Mora, Public Works Director ^ ` FROM: William K. DeBraal, Deputy County Attorney DATE: December 24, 2014 SUBJECT: Extension of Lease Agreement with Rockridge Property Owners Association, Inc. When Rockridge Subdivision Unit 6 was platted back in 1958, the plat depicted lots 9 and 10 and the south half of lots 8 and 11 as Park Area". The County accepted all dedications on the plat at that time. The property is located at 550 16th Street, Vero Beach and is depicted on the aerial attached to this memorandum. In 1965, the County and the Rockridge Property Owners Association, Inc. (POA) entered into a lease agreement for the dedicated park area. Over the years, a community building was built on a portion of the lots with POA funds and the property has been continuously maintained by the POA. The most recent lease between the County and the POA was signed in 1995 for a term of 20 years at a rate of$1.00 per year and will expire in February 2015. Previous versions of the lease prohibited the serving of alcohol on the property and mandated that it be available for public use. The 1995 lease allowed alcohol to be served on the premises and removed the requirement that the property be available for public use. The Rockridge Property Owners Association is desirous of renewing the 1995 lease for a period of 20 years. Staff has no objection to the proposed extension. The POA has built all improvements on the property and provides for all maintenance of the site. Two other County owned buildings occupy the site. One houses a lift station and grinder for the recently installed sewage system and the other contains a generator used to run the station in the event of a power outage. Neither of the two buildings is part of the lease. The attached Lease Renewal proposes another 20 year renewal term to the lease expiring February 14, 2035. Staff has no objection to the proposed extension. Funding. There is no direct funding impacted by this extension of the Agreement. f A � 49 Rockridge POA Lease Renewal December 24, 2014 Page 2 Alternative Option. The lease with the Rockridge POA is unique in that the County is simply the landowner of the property and had no hand in constructing the clubhouse on the property. The POA is generous in allowing other groups to use the building, but the County has not used the building in years. If it is the Board's desire to declare the property surplus, the County could convey the property to the POA with a deed restriction that the property remain for only community and recreational use in perpetuity. Since the POA is an active not for profit corporation, the conveyance could be done without compensation and without public bidding. If this option is chosen, the County would retain a utility and access easement to the lift station and generator buildings. In order to complete the conveyance, a County Deed and a resolution declaring the property to be surplus would need to be prepared and approved by the Board. Recommendation. Staff recommends that the Board authorize the Chairman to sign the attached Lease Renewal between Indian River County and the Rockridge Property Owners Association, Inc. to provide for the extension of the Lease until February 14, 2035. Staff further recommends the Board authorize the Chairman to execute the attached resolution approving the lease extension as required by Florida Statutes §125.38. Please contact me should you have any questions concerning this matter. 50 14j '4A ���'''fl^-+� Ifr:rv^ �.F 0 '"°,•:�z$^� 'k�rt `rs'�r<M rkAzl:re'�k� z: i�`"�`a ��,rs � a a ,,� . tf k M� '� �—Kw. } {{ tri #i c1'"'"` • --'7 4� f �,f+x�;;�.:"%TS P '�' r . �tr �! { a' �• rc iw< I I �� ..�_j � �+,#P �.�' ',a t 1•r,� i, .t"� Y s; y1 i hr: 4ZW;rr5traa�.x UR •cri.'9 I ° s t f M1 r i ` _, It rf p. } � ���j� i�..._ �tx r ,.� N3���o-.}%p•`E`< x '""� �'t-C.... � � �c.� y���,j t �� Ir .. ._ .. ��. .. Ate^ 1 E �k'U9 � Y � �::�•hk �. � �a. r tir CA 1 11 N PLAT BOOK '.5. (3 F— 67 DOCKET N= 96293 om/�..,oR e.o.•R�. Corey e/hr/rr R/v.r �wrerlNl/�• ptx�v.nr• °..r lrsn_ r v/.x,.nr/n.,w/._ err 17 }ha STREET -a rr I I ., . ., .. .�R� Eo.EeER, IB I IBf: 17 y- 3 16Of v..n IN n.�nw.//IiI. I III�InMx�Fr m.Nor. Z /n Tor./ rb .v. •w..�«r /r y "h ww. 9i' IlJ O 4 � 15 e> a ar wy.'../�.:::: :.r:�I:-:�vw'•.Tr. /� J I Q a 13 £•'n 5 3 I a 5 U 14 r1//wras°y MnI vns°..// - __ tgl 6 I 13 6 I 13 6 -... -�I (D • In n If1 L••2ne...1.M 9 G� b L -PARK 4 R E A ,0 9 I I 10 ,o 9 �o o COE c Ncur cavws 16 t4.. STREET ena.n. JnutM1 I/2 oe Lo.v B B 11 0. w Blew•U".I lnl.vlor..... tv..r�l Re/O�. /M°0/ar/n.I hr a Sac.l 34Rp B.�9 E- �' Ix/i Corr ` ENOREERs—C— Ft C)G K R I E>G E: EN TiF/CI,EF20GKRIE>GE SIJBE> IVISION =°"r° hxN• UNIT ii✓.'E'n'T.r' BEING A SUBDI VI310N OF THE WEST 3'LB FEET OF LOT 7 BLOCK 2 OF DR. RICHARD ��_E fir-Ss ��C/r•i . BULLING TONS SUBDIVISION AS RECORDED IN PLA TBOOK 2,P OF THE PUBLIC RECOR OS ry s E AGE 6 r• s 1/ '' OF ST_LVCIE COUNTY,FLORIDA,LE33 THE NORTH �O FEET OF TME AFORESAID LOTT..., A BEING F—H­ DESCRIBED AO L __S_I _SION OF THE EST 326F_WN wrc F THE OF TH SOUTHWEST I 4 OF THE SOUTHEAST I/q OF THE SOUTHEAST I/q OF SECTIONf,TOWNSHIP — "_w�o�w M a 5 SOUTH, ABO RAN 9EAST L THE VE ­­­0LAND NOW AN LYING O nEING NDIAN IN I RIVER COUNTY GFLORIDA LESS THE NORTH 30 FEET..... o,/nwx R/wrC y,f/vr/a... o.nr '.ZS ter. /sJ8 ♦ �G /s An�us�_� R.O. CA���s tRMG�EERioG F/RM Mtin Gn FL LEASE RENEWAL "'"' Renewal of the Lease entered into this day of 2015 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32060, hereinafter referred to as "County" and Rockridge Property Owners Association, Inc., whose address is 550 16th Street, Vero Beach, FL 32960, hereinafter referred to as "Property Owners" as follows: WHEREFORE, County is the owner of Lots 9, 10 and the south half of Lots 8 and 11 in Block U, Rockridge Subdivision, Unit 6, according to the Plat Book 5, Page 67 of the Public Records of Indian River County, Florida; and WHEREAS, the parties entered into a Lease on May 19, 1965. The parties entered into a five year Lease Agreement with the possibility of an extension for an additional five years; and WHEREAS, the Property Owners have been in possession of the leased premises in one manner or another since 1965; and WHEREAS, the Property Owners constructed a community building with Property Owners funds on the leased premises; and WHEREAS, a revised Lease was entered into by the parties on February 1 , 1984 for a term of twenty years; and WHEREAS, the parties entered into another revised Lease on February 15, 1995 amending some terms from the 1984 lease with a new term of twenty years concluding February 14, 2015; and WHEREAS, the parties wish to extend the Lease Agreement for an additional twenty (20) years; and 1 53 NOW THEREFORE, for good and valuable consideration the sufficiency which is agreed upon herein the parties agree as follows: 1. The above recitations are true and correct and adopted by reference herein. 2. The terms of this lease shall be extended for a period of twenty (20) years commencing on February 15, 2015 to February 14, 2035. 3. The previous terms of the lease and any amendments thereto shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have caused this lease to be signed in their respective names. ROCKRIDGE PROPERTY OWNERS ASSOCIATION, INC. op Witness' "r Witness'. _ By Print name: hu��\ (Corporate seal is acceptable Title h �er �J r place of witnesses) Pres;cie"'r, BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Chairman BCC Approved: Yil ov as for d I al sufficiency Approved:m K. DeBraal ��„ Joseph �. aird Deputy County Attorney County Administrator 2 54 Exhibit A Legal Description for Park Area LOTS 9 & 10 AND THE SOUTH 1/2 OF LOTS 8 AND 11; BLOCK U, ROCKRIDGE SUBDIVISION UNIT 6 AS RECORDED IN PLAT BOOK 5 PAGE 67, PUBLIC RECORDS OF INDIAN RIVER COUNTY Parcel No: 33390100035021000008.0 3 55 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST EXTENSION OF LEASE WITH THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION, INC., FOR COUNTY OWNED PROPERTY IN UNIT 6, ROCKRIDGE SUBDIVISION WHEREAS, the Rockridge Property Owners Association, Inc. ("POA"), and the Board of County Commissioners entered into a Lease for County-owned property located at 550 161h Street, Vero Beach, Indian River County, Florida ("Property") on February 15, 1995, for a term of 20-years for use as a park area and club house; and WHEREAS, the rental rate was $1.00 per year; and WHEREAS, the POA requested that the Board of County Commissioners consider extending the existing Lease for an additional 20-years to continue their use of the clubhouse and grounds; and WHEREAS, the Board of County Commissioners finds that such a use of the County owned Property promotes the County interests and welfare; and WHEREAS, the POA is a Florida non-profit corporation and a corporation organized exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. In accordance with Florida Statutes §125.38, the Board finds that: a. the Rockridge Property Owners Association, Inc. ("POA") has made proper application as required for a lease of the Property; b. the Property is not needed for County purposes; c. The use of the Property as a clubhouse and park area promotes the County interests and welfare; 2. The Board approves and authorizes the Chairman to execute the Lease Renewal between the Board and the POA, for a term of 20 years at an annual rate of $1.00 per year for the Property described in the attached Exhibit "A"; 3. The Lease Renewal is entered into pursuant to the authority of Florida Statutes §125.01 and §125.38. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc 1 56 RESOLUTION NO. 2015- The Chairman thereupon declared the Resolution duly passed and adopted this 6th day of January, 2015. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Wesley S. Davis, Chairman Approved: J e? A. Baird County Administrator Approved as to form and legal sufficiency: / illiam K. DeBraal Deputy County Attorney 2 57 Exhibit A Legal Description for Park Area LOTS 9 & 10 AND THE SOUTH 1/2 OF LOTS 8 AND 11; BLOCK U, ROCKRIDGE SUBDIVISION UNIT 6 AS RECORDED IN PLAT BOOK 5 PAGE 67, PUBLIC RECORDS OF INDIAN RIVER COUNTY Parcel No: 33390100035021000008.0 3 58 .� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Devlopment Director THRU: Phil Matson, AICP� MPO Staff Director`�-' FROM: Andy Sobczak MPO Senior Planer DATE: December 19, 2014 SUBJECT: APPROVAL OF A LIMITATION OF USE/SITE DEDICATION RECORDABLE NOTICE FOR THE INDIAN RIVER LAGOON GREENWAY PROJECT SITE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 6, 2014. DESCRIPTION & CONDITIONS Located on the east side of Indian River Boulevard, south of the Vero Beach city limits, the Indian River Lagoon Greenway is a 39 acre joint project between Indian River County and the Indian River Land Trust (IRLT). In recent years, improvements on the Flinn Tract portion of the Lagoon Greenway, including a parking area and trailhead (Phase 1), as well as trails and boardwalks (Phase 2), were completed. More recently, construction of a ± 1,500 foot wooden boardwalk and lagoon observation pier(Phase 3) have been completed. Phase 3 was provided via a grant through the Florida Department of Environmental Protection's (FDEP) Recreational Trails Program (RTP). Although the RTP is a highly competitive grant, the county's project was selected for funding by FDEP. On November 13, 2012, the county entered into a project agreement with FDEP to complete the Phase 3 wooden boardwalk. Included in that agreement is a requirement to dedicate in perpetuity the facilities constructed with RTP funds to the public. In early November 2014, construction of Phase 3 of was completed. As part of the standard closeout documentation required by FDEP for project reimbursement, and to formalize the dedication of the project to the public, a Notice of Limitation of Use/Site Dedication must be recorded into public record. A copy of that document 1 59 is attached. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to execute and have recorded the Notice of Limitation of Use/Site Dedication for the RTP grant funded portion (Phase 3)of the Indian River Lagoon Greenway Project. ATTACHMENTS 1. Phase 3 Project Location Map 2. FDEP Notice of Limitation of Use/Site Dedication form ,*NW APPROVED AGENDA ITEM: Indian River Co, Appro e Date Admin. FOR: "yo/ ' Legal Budget 30 1 BY: ' Dept. f.^ Risk Mgr. 2 60 �• .. � ► Pie + r- 8 IL . Ar ryCLJ � A rA r, ty _ _ .... • yid oj CLJr Ta C lu f ATF. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION �.. STANDARD LANGUAGE FOR PROPERTY RECORDS RECREATIONAL TRAILS PROGRAM Notice of Limitation of Use/Site Dedication The Property identified in the attached project agreement and boundary map has been developed by the project sponsor with financial assistance provided by the Florida Department of Environmental Protection (DEP) in accordance with Chapter 62S-2, F.A.C. Pursuant to requirements of that policy, land developed by the project sponsor with grant assistance shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. If the project sponsor should convert any part of the project area or the facilities thereon, to other than DEP approved recreational uses, the project sponsor shall replace the area and facilities at its own expense with a DEP approved project of comparable or greater scope and quality. I certify that copies of the Notice of Limitation of Use/Site Dedication form, and project boundary map have been filed in the County Courthouse with the deed to the property on which the following grant project is located: RTP Project Name and Number Signature of Liaison Agent Typed Name and Title C Date i c C1 a 62 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Ile TO: Joseph A. Baird, County Administrator r... THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: F.D.O.T. Small County Outreach Program (SCOP) Agreement— Amendment No. 2 and Resolution Authorizing the Chairman's Signature Construction (Reconstruction) of Old Dixie Highway from IRFWCD North Relief Canal to 71St Street FM No. 429566-1-58-01 IRC Project No. 1137 DATE: December 10, 2014 DESCRIPTION AND CONDITIONS On September 30, 2013, the Board of County Commissioners entered into a Small County Outreach Program (SCOP) Agreement FM No. 429566-1-58-01 with the Florida Department of Transportation (FDOT) for construction (reconstruction) of Old Dixie Highway from Indian River Farms Water Canal District(IRFWCD) North Relief Canal to 711t Street for a total estimated project cost of$1,900,000.00 (75% FDOT funding in the amount of$1,425,000.00 with the County's cost share of 25%or$475,000.00). Amendment No. 1 to the SCOP Agreement, dated June 12, 2014, added a twelve-foot wide left turn lane to the scope of work that will service the North County Charter School which is located north of 65th Street and will be funded by a Developer's Agreement between Indian River County and North County Charger School in the amount of$48,927.00. On September 16, 2014,Timothy Rose Contracting, Inc. was awarded the bid for this project, in the amount of $1,792,422.35, which includes $132,551.76 not being funded by the FDOT (this amount includes the additional turn lane for the North County Charter School, as well as a force account for unforeseen items that may occur in the field). Construction Engineering Inspection (CEI) will be funded by the FDOT in the amount of$51,451.68. The Florida Department of Transportation (FDOT) has requested Indian River County execute and deliver to the FDOT the attached Amendment No. 2 to the Agreement to decrease SCOP funding in the amount of $188,677.73 as a result of the approved bid amount. Staff agrees with the decrease of SCOP funding. Also attached, please find a Resolution authorizing the Board of County Commissioners to execute this Small County Outreach Program Agreement Amendment No. 2 for SCOP Contract No.AR-620(FM#429566-1-58-01)decreasing the grant by$188,677.73, for a total project cost of$1,711,322.27. FUNDING Funding for this project is budgeted and available from Secondary Roads, Gas Tax, Account No. 10921441-053360-12008,Old Dixie Resurfacing(North Relief Canal—711t Street)in the amount of $427,830.57 and from FDOT SCOP grant Contract No. AR-620 in the amount of$1,283,491.70. F:\Public WorksTNGINEERING DIVISION PROJECTS\I 137-Old Dixie Hwy Resurfacing IRF North Relief Canal to 71st St\Admim\agenda 63 items\BCC Agenda Memo for Amendment No.2 1-6-2015.doc PAGE TWO Christopher J. Kafer, P.E., County Engineer For BCC Agenda January 6, 2015 RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Local Agency Program Amendment No. 2 to the SCOP Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. MOT Small County Outreach Program (SCOP)Amendment No. 2- FPN No.429566-1-58-01 2. Authorizing Resolution DISTRIBUTION Florida Departruient of Transportation APPROVED AGENDA ITEM FOR: lanuary 6, 2015 Indian River County Appr a °` Date ` Administration 1 a p i By. ­7Budget y Legal Public Works �� /Y Engineering F:\Public Works\ENG[NEER ING DIVISION PROJECTS\1137-Old Dixie Hwy Resurfacing IRF North Relief Canal to 71st St\Admim\agenda 64 items\BCC Agenda Memo for Amendment No.2 1-6-2015.doc DUNS No.: 80-939-7102 Contract No.:AR-620 CSFA No.: 55.009 FM No: 429566-1-58-01 Vendor No: VF 596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER TWO THIS Amendment,made and entered into this day of 20 , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Building A, Vero Beach, Florida 32960,hereinafter called the COUNTY. WITNESSETH WHEREAS, on September 30, 2013 the parties entered into a Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 429566-1-58-01 for Construction (resurfacing) and Construction Engiineering Inspection(CEI)services of Old Dixie Highway from Indian River Farms North Relief Canal to 71' Street and hereinafter referred to as the Project;and WHEREAS, the parties amended the Agreement on June 12, 2014 (Amendment Number One); and WHEREAS,the parties desire to further amend the Agreement; and WHEREAS,the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Small County Outreach Program Agreement dated September 30, 2013 as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment reduces the funding needed for the resurfacing of the Project by ONE HUNDRED EIGHTY EIGHT THOUSAND SEX HUNDRED SEVENTY SEVEN DOLLARS AND SEVENTY THREE CENTS($188.677.73). Paragraph 4A of the Agreement is amended to read as follows: The total Project cost is ONE MILLION SEVEN HUNDRED ELEVEN THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND TWENTY SEVEN CENTS ($1,711,322.27). The DEPARTMENT will fund 75% of the cost of the Project which equals ONE MILLION TWO HUNDRED EIGHTY THREE THOUSAND FOUR HUNDRED NINETY ONE DOLLARS AND SEVENTY CENTS($1,283,491.70),for Construction and CEI services.The COUNTY agrees to pay all expenses in excess of the DEPARTMENT's payment. Page 1 of 2 65 All provisions, covenants,terms and conditions of the Agreement between the parties theretofore entered into on September 30 2013 and amended on June 12, 2014, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF,this AMENDMENT is executed by the parties below for the purposes specified herein.Authorization has been given to enter into and execute this Amendment by Resolution No. hereto attached. INDIAN RIVER COUNTY,FLORIDA ATTEST: (SEAL) Clerk of Court BY: Wesley S. Davis Chairman,Board of County Commissioners Approved as to Form and Correctness: r County Attorn y STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY: EXECUTIVE SECRETARY DIRECTOR OF TRANSPORTATION DEVELOPMENT-DISTRICT FOUR APPROVED: LEGAL REVIEW: BY: BY: DISTRICT PROGRAM MGMT.ENGINEER OFFICE OF THE GENERAL COUNSEL Page 2 of 2 66 1 RESOLUTION NO. 2015- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM (SCOP) AMENDMENT NO. 2 FOR THE CONSTRUCTION (RECONSTRUCTION) OF OLD DIXIE HIGHWAY FROM IRFWCD NORTH RELIEF CANAL TO 71ST STREET. WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT on September 30, 2013, in which the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for Construction (Resurfacing) of Old Dixie Highway from IRFWCD North Relief Canal to 71St Street in Indian River County, Florida for FM No. 427572-1-58-01 and hereinafter referred to as the PROJECT in the amount of $1,900,000.00 and then entered into Amendment No. 1 to revise scope of work with no change to the PROJECT amount. WHEREAS, the State of Florida, Department of Transportation has requested that Indian River County execute and deliver to the State of Florida, Department of Transportation, this AMENDMENT NO. 2 to the SCOP AGREEMENT, for decrease of funding in the amount of $188,677.73 for the aforementioned PROJECT, resulting in total funding of$1,283,491.70. 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, AMENDMENT NO. 2 to the SCOP 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 Wesley S. Davis Vice-Chairman Bob Solari Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc (The remainder of page intentionally left blank) F:\Public Works\ENGINEERING DIVISION PROJECTSA 137-Old Dixie Hwy Resurfacing IRF North Relief Canal to 71st St\Admim\agenda 67 items\Resolution Amendment No.2 to SCOP 01-06-2015.doc 2 RESOLUTION NO. 2015- The Chairman thereupon declared the resolution passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Iciency ylan Reingold, C unty Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1137-0Id Dixie Hwy Resurfacing IRF North Relief Canal to 71st St\Admim\agenda 68 items\IResolution Amendment No.2 to SCOP 01-06-2015.doc Ite Consent • . VOA INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 9, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager t�W Gordon Sparks, P.E., Environmental Engineer Subject: Award of Bid No. 2015017 to Tri-Sure Corporation for Vero Lakes Estates 12" Master Plan Water Main Extension—UCP#4106 DESCRIPTIONS AND CONDITIONS: Beginning in 2006 and continuing into 2009, the Indian River County Department of Utility Services (IRCDUS) embarked on a program to expand 12" master planned transmission water main construction in a major portion of Vero Lakes Estates (VLE). The far northwest portion of VLE was not included in this earlier expansion program. In June 2014 staff of the IRCDUS (staff) was made aware that the Public Works Department was planning a road paving project on 107th Avenue to begin construction the end of 2014 or the beginning of 2015. Therefore, staff proposes that the transmission main that was omitted in the earlier phase be expanded to run concurrently with the planned road paving project. The Board of County Commissioners approved going forward with the water main construction in approving surveying and soils engineering for the current project at their regular meeting on August 19, 2014. ANALYSIS: Staff prepared bid documents and the project was advertised for public bids on November 5, 2014. On December 3, 2014, nine (9) bids were received and opened by the Purchasing Division, as follows: 1. Tri-Sure Corporation $380,975.00 2. Johnson Davis, Inc. $482,250.00 3. Sunshine Land Design, Inc. $498,675.83 4. Blue Goose Construction $501,472.50 5. Timothy Rose Contracting, Inc. $526,415.72 6. Go Underground Utilities, LLC $544,925.00 7. Don Luchetti Construction, Inc. $583,187.50 8. Andrew Sitework, LLC $604,741.00 9. TB Landmark Construction $665,685.00 69 Purchasing prepared a bid summary of the nine bids (See Attachment 1). Staff also prepared a detailed bid tabulation (See Attachment 2). Purchasing also sent a "Request for Review" memo to the staff dated December 3, 2014 that included required information in preparing a Recommendation for Award (See Attachment 3). That memo was used in preparing this agenda item. RECOMMENDATION: Before the project was publicly bid staff prepared a cost estimate for the work that totaled $411,441.20 for labor and materials (See Attachment 4). The low bid of $380,975.00 is $30,466.20 lower than the estimated amount. Therefore, staff recommends that the Board of County Commissioners award Bid No. 2015017 to Tri-Sure Corporation of Auburndale, Florida in the amount of$380,975.00 and requests that the Board of County Commissioners approve the attached sample agreement (See Attachment 5) and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. This recommendation to award is also based on staff's first- hand knowledge of Tri-Sure's past performance with similar construction in Indian River County. This includes numerous water assessment projects in the City of Sebastian as well as other large utility construction projects in other areas of the county. FUNDING: Funding for this project is derived from the capital fund. The capital fund revenues are generated from impact fees. Furthermore, growth has created the need for expansion or construction of the facilities and that new growth will benefit from the expansion or construction of the facilities. ACCOUNT NAME ACCOUNT NUMBER AMOUNT VLE 107th Ave. 12" Water Main Extension 472-169000-14507 $380,975.00 ATTACHMENT(s): 1. Purchasing Bid Tabulation Summary 2. Utilities Detailed Bid Tabulation 3. Purchasing Division Memo Outlining Information Needed for Award Recommendation 4. Utilities Cost Estimate of Project 5. Agreement Between Owner and Contractor APPROVED FOR AGENDA: i Byr Indian River Co. Appr v Date Jos ; Baird, County Administrator Administration r n Legal For: Budget I Elite Utilities t$ Utilities-Finance JV) F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-VLE 107th Avenue 12-inch Transmission Main Loop-UCP# 4106\Admin\02-Agenda to Award Bid for WM Project-12-9-14.doc 70 Bid 2015017 Indian River Count -chasing Division 1800 27th Street,Vero Beach,FL 32968 Witness: Diane Feshoh Bid Title: VLE Water Main (772)226-1416 Extension (107th Ave) Witness: Darlene Collia Bid Opening Date: 12/3/2014 BID TABULATION SHEET Time: 2:00 pm CA ai N }L+ Z O E E E `j i 3 0 U ` N N Bidders Name Location c c u- a, o s c Total Bid Price Gl Gl 'p H 47 0 u L V' TB Landmark Construction Jacksonville FL Y Y Y Y Y Y Y Y $665,685.00 Sunshine Land Design Stuart FL Y Y Y Y Y Y Y Y $498,675.83 Timothy Rose Contracting Vero Beach FL Y Y Y Y Y Y Y Y $526,415.72 Johnson Davis Inc Lantana FL Y Y Y Y Y Y Y Y $482,250.00 Tri-Sure Corporation Auburndale FL Y Y Y Y Y Y Y Y $380,975.00 Blue Goose Construction FT Pierce FL Y Y Y Y Y Y Y Y $501,472.50 Andrew Sitework Fort Myers FL Y Y Y Y Y Y Y Y $604,741.00 Don Luchetti Construction Melbourne FL Y Y Y Y Y Y Y Y $583,187.50 Go Underground Utilities Lake Placid FL Y Y Y Y Y Y Y Y $544,925.00 COMMENTS: Attachment 1 VLE 12"Water MI don on 107th Avenue Bid Nth-er 2015017 Bid Tabulation EBT. UNIT Blos Gees*Growers, ITEM DESCRIPTION QUANT OF TB Landmark Sunshine Land Dasa n Timothy Ross Johnson Davis Inc. Tri-Sure CO 0°n LucMtO NO. n, - MEASU Constniction 9 ContrectinD Corporation LLC Cons ructiti n� Andtaw Sftawork ConstnKtlon Go Underground Utilities RE TOTAL-UNIT PRICE TOTAL UNIT TOTAL UNIT PRICE TOTAL Im PRICE TOTAL UNIT TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL IM PRICIF 1 Install 12"PVC Water Main 6,500 LF $63.00 $409,500.00 $40.89 $265,785.00 $46.00 $299,000.00 $41.00 $266,500.00 $29.00 $188,500.00 $46.80 $304,200.00 $53.00 $344,500.00 $53.00 $344,500.00 $52.00 $338,000.00 2 Install 12"HOPE Directional Bore Including 300 LF $120,00 $36,000.00 $98.60 $29,580.00 $125.00 $37,500.00 $125.00 $37,500.00 $65.00 519,500.00 $117.15 $35,145.00 $77.00 $23,100.00 $101.00 $30,300.00 $70.00 $21,000.00 Fusion of Ml Adaptors and Pipe 3 Install 12"Resilient Seated Gate Valve and 12 EA $3,230.00 $38,760.00 $3,009.18 $36,110.16 $2,929.00 $35,148.00 $2,400.00 $28,800.00 $1,700.00 $20,400.00 $2,129.00 $25,548.00 $2,783.00 $33,396.00 $3,085.00 $37,020.00 $2,650.00 $31,800.00 Box 4 Install 8"PVC Water Main 250 LF $80.00 $20,000.00 $28.20 $7,050.00 $25.00 $6,250.00 $45.00 $11,250.00 S20.00 $5,000.00 $33.75 $8,437.50 538.00 $9,500.00 $28.00 $7,000.00 $38.00 $9,500.00 5 Install 8"Resilient Seated Gave Valve and 15 EA $2,000.00 $30,000.00 $1,948.52 $29,227.80 $1,827.00 $27,405.00 $1,500.00 $22,500.00 $1,500.00 512,500.00 $1,179.00 $17,685.00 $1,600.00 $24,000.00 $1,972.00 $29,580.00 $1,200.00 $18,000.00 Box 6 install New Fire Hydrant Assembty with 6" 6 EA $5,800.00 $34,800.00 $5,938.10 $35,628.60 $5,400.00 $32,400.00 $5,000.00 $30,000.00 $5,500.00 $33,000.00 $3,502.00 $21,012.00 $5,699.00 $34,194.00 $5,715.00 $34,290.00 $3,500.00 $21,OOD.00 Gate Valve and Box 7 lawn Restoration(Topsoil and Sod) 7,050 LF $3.00 $21,150.00 $4.44 $31,302.00 $3.84 $27,072.00 $4.00 $28,200.00 $1.50 $10,575.00 $3.80 $26,790.00 $7.24 $51,042.00 $2.25 $15,862.50 $2.50 $17,625.00 Inclutles Wate'In 8 Public Construction Bond 1 LS $7,725.00 $7,725.00 $10,000.00 $10,000.00 $5,140.72 $5,140.72 $7,500.00 $7,500.00 $13,500.00 $13,500.00 $6,155.00 $6,155.00 $16,042.00 $16,042.00 $8,310.00 $8,310.00 $15,000.00 $15,000.00 9Clearing in the Right-of Way(Water Main 1 Acre $2,750.00 $2,750.00 $9,046.14 $9,046.14 $6,500.00 $6,500.00 $5,000.00 $5,000.00 $18,000.00 $18,000.00 $6,500.00 $6,500.00 $8,050.00 $8,050.00 $11,525.00 $11,525.00 $8,000.00 $8,000.00 Side Only) SUBTOTAL OF BID ITEMS 1-9 ABOVE $600,685.00 $453,729.70 $476,415.72 $437,250.00 $330,975.00 $451,472.50 $543,824.00 $518,387.50 $479,925.00 SO Mobilization,Demobilization,MOT 1 LS 530,0013.00 $30,000.00 $9,946.13 $9,946.13 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $25,917.00 $25,917.00 $29,800.00 $29,800.00 $15,000.00 $15,000.00 SUBTOTAL OF BID ITEMS 1-10 ABOVE $630,685.00 $463,675.83 $491,415.72 5447,250.00 $345,975.00 $466,472.50 $569,74L00 $548,187.50 5694,925.00 FORCE ACCOUNT $35,000.00 $35,000.00 $35,000.00 135,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 TOTAL BID AMOUNT $665,685.00 $498,675.83 $526,415.72 $482,250.00 $380,975.00 $501,472.50 $604,741A0 $583,187.50 $529,925.00 Note:Go Underground's entry far Mobiilization,Demobilization and MOT Attachment 2 _ceeded the max.allowable amount of$15,000 based-their subtotal being less than$500,000. ` colla] N INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION INTEROFFICE MEMORANDUM REQUEST FOR REVIEW DATE: December 3, 2014 TO: Gordon Sparks/Arjuna Weragoda FROM: Diane Feshoh, Buyer SUBJECT: Bid No.: 2015017 Project: VLE Water Main Extension (10711 Ave) This is to confirm your receipt of the bid(s) received for the above-referenced project for your review and recommendation. Please either respond with a written recommendation of award or include the Purchasing Division in the review of the agenda item requesting award. When preparing a Recommendation of Award Memo, please include the following information: ■ If this project was pre-authorized by the Board of County Coin rnissioners, please include the date of same agenda in your recommendation for award. ■ A detailed paragraph justifying the need for this project. ■ Budgeted/Estimated Cost ■ Account Number and Name If you require any additional information regarding this award, please do not hesitate to contact me E E E o, 'd c t "M .,A A Bidders Name Location c " `c E To 1;a,I,Bld Price w � 'vo m sv n 75 � �TB Landmark Construction,Inc. Jacksonville,FL Y Y Y Y Y Y Y Y $665,685.00 Sunshine Land Design,Inc. Stuart,FL Y Y Y Y Y Y Y Y $498,675.83 Timothy Rose Contracting,Inc. Vero Beach,FL Y y Y Y Y Y Y Y $526,415.72 Johnson-Davis,Inc. Lantana FL Y Y Y Y y Y Y Y $482,250.00 Tri-Sure Corporation Auburndale,FL Y Y Y Y Y Y Y Y $380,975.00 Blue Goose Construction FT Pierce,FL Y Y Y Y Y Y Y Y $501,472.50 Andrew Sitework,LLC Fort Myers,FL Y Y Y Y Y Y Y Y $604,741.00 Don Luchetti Construction,Inc. Melbourne,FL Y Y Y Y Y Y Y Y $583,187.50 Go Underground Utilities,LLC Lake Placid,FL Y Y Y Y Y Y Y Y $544,925.00 ATI,ACHMENT 3 73 I Indian River County Department of Utilities LABOR AND MATERIALS COST ESTIMATE USING LABOR CONTRACT 107th Avenue 12"Master Plan Transmission Water Main Loop in Vero Pml«t: Lakes Estates Da t: 1013/2014;Rertxd 11-14-14;Reiiwd 17-413 LABOR COST MATERIALS Bid Bid Item ] Estimated unit or Labor Unit Total Labor Material Unit Total Material Item No. Descriptio. ...tit, Me.s.re Price Price Price Price 91 Mobilisation.Demobilization.MOT 101/ % 0.10 SIS 946.25 0tr Install 12"PVC Water Main 6'500 LF $10.00 565,0(10.00 SI9.06 $117,390.0(1 09c Install 12"HDPE Directional Bore Including MJ 300 Adaptors and Fusion of Pipe LF 566.00 519.800.00 $26,43 $7.929.00 19c Install 12"NRS Resilient Seated Gate Vakc Bos 12 EA S2S000 530011.00 $1,187.23 $1424676 Install 8"PVC Water Main 2S0 LF $9.00 12,000.00 $8.52 $2.130.00 Install R"Resilient Seated Gate Valve&Bos 15 EA $200.00 53000.00 5619.11 $9.296.65 20B Install New Fire H7drant Aa,—bly w/SS Wet I ip W/6"Ta i Valve&Sleeve 6 EA $2.000.00 $12.000.00 S1291.49 S7,748.94 09 Install Mechanical Res"itied Joint DI Finings 4 TON S4.100.00 SI6400.00 $4.100.00 516,400.00 23 Test Holm/Potholes 14 EA. $250.00 $3.500.00 Fill,pressure test chlorinate and(lush water main. 29b 10"throe 16" 6,800 LF 52.00 513.600.00 Install Sample Point per Count,Detail.Remove R EA S275.00 $500.00 306 afttt FDEP Clearance 52.200.00 30c Take Bacterin[Sample,Deliver to Lab for Testing 14 5150.00 $2.10000 Lmvn Restoration(Topsoil and Sod)Includes 7.050 SY SL25 52.50 86. Watering $IS R62SO $17.625011 Subtotal Subtotal Water Swtcm Labor 5159.462.50 5192.8635 Subtaal Submtal Water SSslem Labor.Mob..Dcnwb.. MOT Materials,&Pennittin1 $174.308.75 Force Accra. IRCDUS Contingency Account I EA 0 10 $17.430.88 519.275.63 Subtotal Subtotal Water Ststem Lab.&Contin cote $191.739.63 5212,031.99 Bond Public Construction Bond 4 $7.669.59 S aM1Totnl 5199,309.21 5212,03199 TOTAL 5411441.10 ATTACHMENT 4 SECTION 00530 - EJCDC „ AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2015017 12” Transmission Water Main Extension in Vero Lake Estates THIS AGREEMENT ("Agreement" or"Contract') dated 20 by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and Tri-Sure Corporation of Auburndale, Florida ("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 and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The wok is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct approximately 6,800 feet of 12" PVC and HDPE water main including gate valves, fire hydrants and fittings. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, March 2014 or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is south of CR 512 on 106th Avenue, then west on 94th Street, then south on 107th Avenue, then east on N 89th Street and S. 891h Street to 104th Avenue. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re-grading and grassing (sod); mobilization, demobilization and traffic control. All right—of-way shall be restored to like or better condition. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. 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 yellow lights. 00530-1 ATTACHMENT 5 75 The Contractor is responsible for obtaining a County Public Works Engineering Division right-of-way permit. The Contractor shall also submit a Traffic Control Plan to the County Public Works Traffic �" Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained while the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 ENGINEER 2.1. The project has been designed by Gordon E. Sparks, 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. ARTICLE 3 THE PROJECT, TERM AND CONTRACT TIMES 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: 12"Transmission Water Main Extension on 107th Avenue in Vero Lake Estates Bid Number: 2015017 Project Address: Vero Lake Estates, 106th Ave., 94th St., 107th Ave.,891h St. 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 31 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 00530-2 76 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages CONTRACTOR and OWNER 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 3.02 above, plus any extensions thereof allowed in writing as a change order to this agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the 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 $450.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready 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$380,975.00. 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 00530-3 77 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 ,,M„ 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 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. New 00530-4 78 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 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 NOW 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. Certificate of Liability Insurance. 8.1.7 Invitation to Bid 2015017 8.1.8. Drawings, inclusive with each sheet bearing the following general title "12" Transmission Water Main Extension in Vero Lake Estates". 8.1.9 Bid Bond 8.1.10 Sworn Statement Under Section 00452 and Section 105.08, Indian River County Code on Disclosure of Relationships 8.1.11 00454 Sworn Statement Under the Florida Trench Safety Act 8.1.12 00456 General Information Required of Bidders 8.1.13. Addenda numbers 1 to 2 00530-5 79 8.1.14. CONTRACTOR'S Bid (Section 00300). 8.1.15. Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards March 2014", or the latest version thereof. 8.1.16. KSM Soils Report 8.1.17. 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. 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. The CONTRACTOR shall indemnify and hold harmless the OWNER, 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 misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. Nothing herein shall affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes. 00530-6 80 In any and all claims against the County or any of its agents or employees, by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 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. 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. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10. 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. 9.11. _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 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 00530-7 81 part of this Contract. 1040, (Remainder of This Page Intentionally Left Blank) 00530-8 82 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 Tri-Sure Corporation of Auburndale, Florida By: Wesley S. Davis, Chairman By: Jason Chambers, President (CORPORATE SEAL) Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Attest: By: Deputy Clerk Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: �... County Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 Address for giving notices License No. Agent for service of process: END OF SECTION 00530-9 83 Bq .2015017 Indian River Cou f urchasing Division 1800 27th Street,Vero Beach,FL 32968 Witness: Diane Feshoh Bid Title: VLE Water Main (772)226-1416 Extension(107th Ave) Witness: Darlene Collia Bid Opening Date: 12/3/2014 BI® TABULATION SHEET Time: 2:00 pm O _ i. V W 3 ` N N r� M Bidders Name location C c U .. a c o f = E Total Bid Price G! GJ 'O (AO V VM 4- d! L �n Q Q m m 3 C N TB Landmark Construction Jacksonville FL Y Y Y Y Y Y Y Y $665,685.00 Sunshine Land Design Stuart FL Y Y Y Y Y Y Y Y $498,675.83 Timothy Rose Contracting Vero Beach FL Y Y Y Y Y Y Y Y $526,415.72 Johnson Davis Inc Lantana FL Y Y Y Y Y Y Y Y $482,250.00 Tri-Sure Corporation Auburndale FL Y Y Y Y Y Y Y Y $380,975.00 Blue Goose Construction FT Pierce FL Y Y Y Y Y Y Y Y $501,472.50 Andrew Sitework Fort Myers FL Y Y Y Y Y Y Y Y $604,741.00 Don Luchetti Construction Melbourne FL Y Y Y Y Y Y Y Y $583,187.50 Go Underground Utilities Lake Placid FL Y Y Y Y Y Y Y Y $544,925.00 COMMENTS: Attachment 1 VLE 12'Waterh� 3sion on 107th Avenue etre .r 2015017 BLd Tabulation EST. UNR Blue Goose Growers, ITEM OF TB Landmark Sunshine Land Design Timothy Rose Johnson Davis Inc. TrlSure Corporation LLC dibla Blue Goose Andrew$Rework Don Luchetti Go Underground Utilities NO. DESCRIPTION AUANTI MEASU Construction 9 Contracting Construction TY RE Constnsction TOTALUNIT PRIMP TOTAL UNIT TOTAL UNIT PRICE T TOTAL, TOT I A 1 1-,,12'PVC-ter Main 6,500 LF $63.00 $409500.00 $40.89 $265,785.00 $46.00 S299,ODMOD $4100 5266,500.00 $29.OD $188,500.00 $46SO $304,200.00 SS3.00 5344,500.00 $53.00 $344,500.00 $52.00 $338,000.00 2 hlstaD 32•HDPE Directional Bore Induding 300 LF $120.00 $36,000.00 $98.60 $29580.00 $125.00 $37,500.00 $125.00 $37,500.00 $65.00 $19,500.00 $117.15 $35,145.00 $77.00 $23,100.00 S10L00 $30,300.00 $70.00 521,000.00 Fasten of Ml and Pipe 3 (Install 12'Resilient Seated Gate Valve an! 12 EA $3,230.00 $38,760.00 $3,009.18 $36,110.16 $2,929.00 $35,148.00 $2,400.00 $28,800.00 $L700.00 $20,400.00 $2,129.00 $25548.00 $2,783.00 $33,396.00 $3,085.00 $37,020.00 $2,650.00 $31,800.00 x 1 4 IrejaD 8'PVC Water Main 250 LF 58000 S20=00 $28.20 57,050.00 $25,00 S6 25000 $4SOO SiL250.00 52(100 S5=00 53375 SSA3750 538.00 S95WOD moo $7,000.00 $3800 59,500.00 S (Int all 8•Resilient Seated Gave Valve and 155 EA $ZODD.00 $30,000.00 $1,948,52 $29,227.90 $1,827.00 $27,405.00 $1,500.00 $22,500.00 $ • .00 $22,500.00 $1,179.00 $17,685.00 $1,600.00 $24,000.00 $1,972.00 $29,580.00 $1,200.00 1 $18,000.00 Box 6 Imte"New Fre Hydrant Assembly with 6• 6 EA $5,800.00 534,800.00 55,938.10 $35,628.60 55,400.00 $32A00.00 $5,000.00 $30,OOD.00 $5500.00 $33,000.00 $3,502.00 $21,012.00 55,699.00 $34,194.00 $5,715.00 $34,290.00 53,500.00 $21,000.00 Gate Valve and Boa 7 Lawn Restoration(Topsoil and Sod) 7,050 LF $3.00 $21,150.00 $4.44 $31,302.00 $3.84 527,072.013 $4.00 $28,200.00 $L90 $10575.00 $3.80 $26,790.00 $7.24 $51,042.00 $2.25 $15,862.50 $2.50 $17,625.00 Includes Wsterh 8 Public Construction Bond 1 LS $7,72500 $7,725.00 $10,00000 $10,00000 $5,14072 $5,140.72 $7,50000 $7,50000 $13,500.00 $13500.00 $6,155,00 $6,155.00 $16,042.00 $16,042.00 $8,31000 $8,310.00 $15,000.00 $15,000.00 9 Clearing in the Right-of Way(Water Main 1 Acre $2,750.00 $2,750.00 $9,046.14 $9,046.14 $6,500.00 56,50000 $5,000.00 $5,000.00 $18,000.00 $18,000.00 $6500.00 $6,500.00 58,050.00 58,050.00 $1L525.00 511,525.00 $8,000.00 $8,000.00 Side Only SUBTOTAL OF BID ITEMS 1-9 ABOVE $6001685.00 $453,729.70 $476,415.72 $437,750.00 $330,975.00 $451,472.50 $543,824.00 $518,387.50 $479,925.00 10 Mobilization,Demobilization,MOT 1 LS $30,OOD.00 $30,000.00 $9,946.13 $9,946.13 $15,000.00 $15,000.00 $10,000.00 510,00000 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $25,917.00 $25,917.00 $29,800.00 $29,8130.00 $15,000.00 $15,000.00 SUBTOTAL OF BID ITEMS 1.10 ABOVE $630,685.00 $463,675.83 $491,415.72 $447,250.00 $345,975.00 $466,472.50 $569,741.00 $548,187.50 $494,925.00 FORCE ACCOUNT $35,000.00 $35,000.00 $35,000.00 $35000.00 $35000.00 $35,000.00 $35,000.00 $35,000.00 $35000.00 TOTAL BID AMOUNT $665,695.00 $498,675.83 $526,415.72 S434251100 $380,97S.00 $501 47230 $604,741.00 $583 187.50 $529 925.00 Note:Go Underground's entry for Mobitlization,Demobilization and MOT Attachment 2 exceeded the max.allowable amount of$15,000 based on their subtotal being less than$500,000. 003163 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION INTEROFFICE MEMORANDUM REQUEST FOR REVIEW DATE: December 3, 2014 TO: Gordon Sparks/Arjuna Weragoda FROM: Diane Feshoh, Buyer SUBJECT: Bid No.: 2015017 Project: VLE Water Main Extension (107t1i Ave) This is to confirm your receipt of the bid(s)received for the above-referenced project for your review and recommendation, Please either respond with a written recommendation of award or include the Purchasing Division in the review of the agenda item requesting award. When preparing a Recommendation of Award Memo, please include the following information: • If this project was pre-authorized by the Board of County Commissioners, please include the date of same agenda in your recommendation for award. ■ A detailed paragraph justifying the need for this project. ■ Budgeted/Estimated Cost ■ Account Number and Name If you require any additional information regarding this award, please do not hesitate to contact me H NV � .!' O 4 Z O 'aC u H d A Bidders Name Location N c 0 c E Total Bid Price ' o v v iB a G m c N TB Landmark Construction,Inc. Jacksonville,FL Y Y Y Y Y Y Y Y $665,685.00 Sunshine land Design,Inc. Stuart,FL Y Y Y Y Y Y Y Y $498,675.83 Timothy Rose Contracting,Inc. Vero Beach,FL Y Y Y Y Y Y Y Y $526,415.72 Johnson-Davis,Inc. Lantana FL Y Y Y Y Y Y Y Y $482,250.00 Tri-Sure Corporation Auburndale,FL Y Y Y Y Y Y Y Y $380,975.00 Blue Goose Construction FT Pierce,FL Y Y Y Y Y Y Y Y $501,472.50 Andrew Sitework,LLC Fort Myers,FL Y Y Y Y Y Y Y Y $604,741.00 Don Luchetti Construction,Inc. Melbourne,FL Y Y Y Y Y Y Y Y $583,187.50 Go Underground Utilities,LLC Lake Placid,FL Y Y Y Y Y Y Y Y $544,925.00 ATTACHMENT 3 86 i Indian River County Department of Utilities LABOR AND MATERIALS COST ESTIMATE USING LABOR CONTRACT 107th Avenue 12"Master Plan Transmission Water Main Loop in Vero Prolat: Lakes FJrtates Dye 1KVLu;xernw l7,I4I-k Jh tW J24-JJ LABOR COST MAMRIAIS Bid Bid Item Estimated Unit of Labor Unit Total I bor Material Uait Total Material Item Na Description vaatity Measure Price Price Price Price 91 Mobili.tion,Demobilization MOT 106 0.10 $15,846.25 Olf Install 12'PVC Water Main 6,500 LF $10.00 $65,000.00 $18,06 $117,390.00 Insult I2"HDPE Directional Bore Including MJ He Ada ors and Fwion'Pi 300 LF $66.00 S19 800.00 $26.43 S7 29.00 Install 12'NRS Resilient Seated Gate Valve& 190 Bos 12 EA $250,00 S3,000.00 $1,18723 314 46.76 Install 9"PVC Water Main 250 LF S8.00 $2000.00 $8.52 $2,130.00 Install 8'Reslient Seated Gate Valve&Bo' 15 EA $200.00 S3 000.00 $619.11 $9,286,65 20B stmv/t6allTNawFireW 6 n V & etTp leeve FA $2000.00 SI 000.00 $1291.49 $7748.94 09 Install Mechanical Restrained Joint DI Fittings 4 TON 54,100.00 $16,400.00 $4,100.00 $16.400.00 23 Test Holes/Potholes 14 EA. $250.00 S3,500.00 Fill,pressare test,chlorinate and[lush water mein, 29b 10-throe 16' 6,800 LF 52.00 513,600.00 Install Sampk Point per County Detail,Removc 8 EA $275.00 $500.00 30b after FDEP Clearance $200.00 30q Take Bacterial Semple,Delim to Lab for Testing 14 5150.00 52,100.00 Lnm Restoration(Topsoil and Sod)Includes 7,050 SY S2.25 $2.50 86a Watering $15,862.50 $17,625.00 Subtotal Subtotal Water System Labs I 5158,462.50 $192,756.35 Subtotal Subtotal Water System Lm abor,Mob.,Deob., MOT Materials &Permifting S174,308.75 Face Acott. IRCDUS Contingency Account I EA 010 $17,430.88 $19,275.64 Subtotal Subtotal Water System Lebo&Contingency $191,739.63 $212,031.99 Bond Public Construction Bond 4 % $7,669.59 SabToul SI99,409.21 1212,031.99 TOTAL S41] 41.20 ATTACHMENT 4 00 SECTION 00530 - EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2015017 12" Transmission Water Main Extension in Vero Lake Estates THIS AGREEMENT ("Agreement" or"Contract") dated 20 by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and Tri-Sure Corporation of Auburndale, Florida ("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 and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The wok is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct approximately 6,800 feet of 12" PVC and HDPE water main including gate valves, fire hydrants and fittings. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, March 2014 or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is south of CR 512 on 106th Avenue, then west on 94th Street, then south on 107th Avenue, then east on N 89th Street and S. 891h Street to 104"'Avenue. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re-grading and grassing (sod); mobilization, demobilization and traffic control, All right—of-way shall be restored to like or better condition. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and M.. materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. 00530-1 ATTACHMENT 5 88 The Contractor is responsible for obtaining a County Public Works Engineering Division right-of-way permit. The Contractor shall also submit a Traffic Control Plan to the County Public Works Traffic `NOW Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained while the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 ENGINEER 2.1. The project has been designed by Gordon E. Sparks, 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. ARTICLE 3 THE PROJECT,TERM AND CONTRACT TIMES 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: 12"Transmission Water Main Extension on 107th Avenue in Vero Lake Estates Bid Number: 2015017 Project Address: Vero Lake Estates, 106th Ave., 94th St., 107th Ave.,89th St. 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 `,law 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 31 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 00530-2 89 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages CONTRACTOR and OWNER 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 3.02 above, plus any extensions thereof allowed in writing as a change order to this agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the 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 $450.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready 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$380,975.00. 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 �,w faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise 00530-3 90 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 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. 00530-4 91 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 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. Certificate of Liability Insurance. 8.1.7 Invitation to Bid 2015017 8.1.8. Drawings, inclusive with each sheet bearing the following general title "12" Transmission Water Main Extension in Vero Lake Estates". 8.1.9 Bid Bond 8.1.10 Sworn Statement Under Section 00452 and Section 105.08, Indian River County Code on Disclosure of Relationships 8.1.11 00454 Sworn Statement Under the Florida Trench Safety Act 8.1.12 00456 General Information Required of Bidders 8.1.13. Addenda numbers 1 to 2 00530-5 92 8.1.14. CONTRACTOR'S Bid (Section 00300). 8.1.15, Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, March 2014", or the latest version thereof. 8.1.16. KSM Soils Report 8.1.17. 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. 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. The CONTRACTOR shall indemnify and hold harmless the OWNER, 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 misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. Nothing herein shall affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes. 00530-6 93 In any and all claims against the County or any of its agents or employees, by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 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. 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. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10. 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. 9.11. 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 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 00530-7 94 part of this Contract. (Remainder of This Page Intentionally Left Blank) 00530-8 95 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 Tri-Sure Corporation of Auburndale, Florida By: Wesley S. Davis, Chairman By: Jason Chambers, President (CORPORATE SEAL) Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Attest: By: Deputy Clerk Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: County Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 Address for giving notices License No. Agent for service of process: END OF SECTION '"MW 00530-9 96 Consent Agenda INDIAN RIVER COUNTY FLORIDA J i i r.i ./i. DEPARTMENT OF UTILITY SERVICES Date: December 16, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services CIP Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Work Order No.1 with Schulke, Bittle&Stoddard (SBS), L.L.C., for Design, Procurement and Construction Administration to Rehabilitate the Headworks at the Central Wastewater Treatment Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the Central Wastewater Treatment plant located in Gifford at 3550 491h Street. The expansion to the Central Plant that included the construction of the headworks was done in 1999. During a regular pump down of the headworks operations staff noticed that the concrete walls just above the water level, had extensive deterioration. ANALYSIS: In August, 2014, staff requested SBS to submit a proposal to remedy the failing concrete at the headworks. SBS as part of their evaluation in preparing the proposal performed a site visit. During that visit SBS and IRC staff noticed the extensive spalling of the concrete where in some areas chunks of concrete were missing exposing the rebar. Per the CCNA procument guidelines SBS submitted a proposal for design, bidding assistance and construction management services. Schulke, Bittle & Stoddard, L.L.C., has submitted Work Order No.1 which includes providing professional services for design, specifications/bid documents, and construction observation to rehabilitate the headworks at the Central Wastewater Treatment Plant. The total negotiated cost for the professional services is a sum amount of$ 15,500.00. The negotiated cost has been broken into different tasks. The Engineers estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 1 will be approximately $152,000.00. FUNDING: Funds for this project are derived from the renewal and replacement budget in the operating fund. Operating funds are generated from water and sewer revenues. 97 ACCOUNT NO.: Description Account Number Amount Central WWTP Headwork Rehabilitation 47123536-044699-15505 $15,500.00 RECOMMENDATION: The staff of the Utilities Department recommends that the Board of County Commissioners approve Work Order No. 1 with Schulke, Bittle & Stoddard, L.L.C., in the amount of$15,500.00 for Professional Services which includes design, specifications/bid documents, and construction observation services to rehabilitate the headworks at the Central Wastewater Treatment plant. ATTACHMENT(s): Work Order No.1 APPROVED FOR AGENDA: By: Indian River Co. Approved Date Joseph A. Baird, County Administrator Administration Legal t For: a61)5 Budget 1 M �.- to Utilities Utilities-Finance 'rr C:\Users\aobertautsch\Desktop\Agenda-SBS Work Order 1 Headworks Rehabilitation at Central WWTP.doc 98 WORK ORDER NUMBER Central WWTP This Work Order Number I Is entered into as of this day of__, 2W_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered Into as of this 4,h day of November, 2014 (collectively referred to as the 'Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Schulke, Bittle and Stoddard, LLC ("Comultant"), The COUNTY hu 5elea-ed the Consultant to perform the professional services set forth on Exhibit I (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be perfPrmed by the Con5ulunt for the fe@. 5cc.h@duI@ set forth In Exhibit -2 (Fee 5ch@duI9)j attached to this Work Order and made 9 part hereof by this reference. The Consultant will perform the profoulonol §Prvjc.@§ within the tjrn@fr-mm@ ingre- particularly set -forth in Exhibit 3 (Time Schedule), attached to this Work Order and made a part hereof by this reference- all in Pup -donce with the. terms and provi0on§ se-t forth In the Agt@@ment, Pursuant to poro-groph IA of the Agmement, nothing contyin0, jr) any Work Order 00 cpnflla with the teras of the ,agreement and the t.qrm§ of the Agr@@rnent snail be deemed to be jnp@rporowd in oath individuDi Work Qrd@r as If fully§t-1 forth here-In.. IN WITNE-55 WHERFOF, the pDrtk* hcrgtp hovg P-Xgcuteo this Work Order as of the date fir§t WflM.0 Obave2- CQNSUJANT,; BOARD OF COUNTY COMMISMONERS 5 Of INDIAN flIVER COUNTY 0AP, Bit-flp and SWOON! LIX by; jospph W, Schuft, PA, Wesley S. Davis, Chair I man J@fff@y R, fomithi Cl,,er-k of Court @.nd r--Pr11Ptr@1l@r y ftpyly Cl@rk 4% Joao. AI ba0rdl Coynt.y Adm#ril§trgtor ApproyieO e,6 to form gjmd legal§WffiCN"t;y, loylon T, Ungato, C-Ponly-Attorruey 99 EXHIBIT`1' SCOPE OF WORK WORK ORDER NO.1 Project Description The proposed project will provide for the evaluation and recommendation for the structural rehabilitation of the Central WWTP "Head Works" and related components and the preparation of construction plans and specifications detailing the required rehabilitation work and the preparation of bidding documents. The structure rehabilitation is necessary due to the existing deteriorated condition of the concrete head works. The coating system has failed and the hydrogen sulfide/sulfuric acid that is encountered in wasetewater treatment has severely degraded the concrete in the channels and mixing areas of the facility, and the existing screw gates used to control and divert sewage flow. Scope of Services Schulke, Bittle & Stoddard, L.L.C. will provide services including engineering evaluation, design, specifications, contract administration and inspection services for the structural rehabilitation of the Central WWTP. The services will include the field evaluation of the facility, recommend rehabilitative requirements, preparation of construction plans and specifications, construction administration and periodic construction field inspection of the construction, as required for the complete structural rehabilitation. The estimated construction cost of this project is: -Headworks Restoration $151,735.10 In connection with this project, the County will provide the Engineer with a copy of any pertinent Preliminary Data or Reports; all available drawings in electronic AutoCAD format; all plans of record, maps and other documentation in the possession of or reasonably available to the County that are pertinent to the project, including plans,reports and other documents on file at the Utility Department,building department,or other IRC offices. Services not included in this Scope of Work are listed as follows: • Any services associated with assisting Indian River County in review and evaluation of patent related disputes, issues, or claims including preparing to serve or serving as a consultant or witness for Indian River County in litigation, arbitration, public or private hearings, or other legal administrative proceedings involving patent related disputes,issues or claims. • Any services in connection with the project not otherwise provided for in this scope of services. • Design or permitting of any asbestos remediation/related work. • Design or permitting of wastewater treatment systems or modification to existing systems. • Building permit application preparation. This task will be provided by the licensed general contractor awarded the construction contract for this project. • Inspection and certification of welds and mechanical fasteners required by the IRC Building Department. The bid documents and construction specification will include this as a requirement for the contractor to provide this service. 1 of 2 100 In order to execute this project in the most cost effective manner, with the most aggressive schedule, Schulke,Bittle&Stoddard,L.L.C. will: - Rely on building plans and building department records obtained from the IRC utility department and IRC building department for as-built conditions of the WWTP components. - Utilize the IRC utility department standard bid documents and construction contract, which documents shall be provided in an editable format by IRC to SBS. - SBS may retain consultant(s)at its discretion, which may include one or more companies whose primary occupation is providing and installing lining systems for existing utility structures. SBS has budgeted up to$1,000.00 for these services. 2 of 2 101 EXHIBIT`2' FEE SCHEDULE WORK ORDER NO.1 Method and Amount of Compensation Schulke,Bittle&Stoddard,L.L.C.,proposes to provide the above Scope of Services based on the following lump sum fees: 1.Preliminary plan review and evaluation: $3,000.00* A. Review the existing WWTP plans of record.On-site evaluation of the existing head works and system components,including: - On-site review—photograph and document existing conditions,where possible - Coordinate field review(s)with consultant(s) B. Prepare preliminary drawings and prepare take-off/construction estimate based on field review,consultant's input,and consider rehabilitation options and make recommendation on repairs. 2.Final Design $2,500.00 Engineering design:preparation of Construction Plans,detailed specifications, and construction details. 3.Contractor procurement/bid documents $3,000.00 Preparation of bid documents using IRC standard forms.Assistance during Bidding,including preparation of an approved contractors bid list,coordinating and chairing a pre-bid meeting,process answers to RFI's,bid evaluation,prepare addendum(if necessary)and prepare recommendation of contract award. 4.Contract Administration and Construction Phase services $6,000.00 w Coordinate and chair a pre-construction meeting,shop drawing sample review, review progress payments,prepare minor plan modifications,Construction/Field Inspections,as-built review,coordinate post construction conference and inspect structure for warranty approval,and review final documentation for close-out and prepare notice of substantial completion,final recommendation for payment upon satisfactory job completion.Inspections portion of this fee based on: Assume 3 hours/day @ 20 days 5.Reimbursable Expenses:(estimated) $1,000.00 Payment of direct costs,including Reproduction costs(prints and copies), application fees,mail and delivery,mileage during constriction phase services. (See below for actual costs) Total: $15,500.00 Grand Total $15,500.00 *Includes up to$1,000.00 for consultants 1 of 2 102 Printing and Reproduction The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings,specifications,and other pertinent items required by federal, state and local agencies from whom approval of the project must be obtained,material suppliers,and other interested parties,but may charge only for the actual cost of providing such copies based on the following tabulation: 8 1/2"x 11" $ 0.12/sheet Blue Line Prints $ 0.333/SF 11"x 17" $ 0.50/sheet Reproducible Sepias $ 0.75/SF 31/2"diskette $ 2.00/each Reproducible Mylars $ 1.00/SF CD $ 4.00/each 2 of 2 103 EXHIBIT`3' TIME SCHEDULE �.., WORK ORDER NO.1 Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: 1. Preliminary Plan review and field evaluation 1 1/2 months 2. Engineering Design&Preparation of 1 '/2 months Construction Plans,specifications and Bid Documents 3. Bidding/Contract Award 2 months 4. Construction 5 weeks Remainder of Page Intentionally Left Blank P. 1 of 1 104 Engineer's Conceptual Cost Estimate Central WWTP Head Works Restoration Install mechanical plug and ,N'" reconfigure pipes/valves to bipass 1 headworks LS 1 $2,500.00 $2,500.00 Clean/pressure wash and prep 2 channels LS 1 $5,000.00 $5,000.00 3 Restore wails/floors/ceiling SF 3354 $20.25 $67,918.50 4 Concrete restoration SF 429 $52.50 $22,522.50 5 Replace gates EA 2 $10,000.00 $20,000.00 Remove corrosion/clean, paint 6 misc. appurtenances LS 1 $20,000.00 $20,000.00 $137,941.00 Contingencyl 10% $13,794.10 Grand Total: $151,735.10 105 II Consent Agenda item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 29, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance Manager„mac., Subject: Approval of Statements of Work for Advanced Utility Systems DESCRIPTIONS AND CONDITIONS: On May 2, 2011 the Utility Department went live on a new Utility Billing Software System named Advanced Utility Billing. This system was instituted not only to make improvements to the billing system but to bring new services to the utility customers. Since that time the department has realized increased efficiency in utility billing and has improved services to customers through electronic billing and more automated payment options. ANALYSIS: At this time, staff desires to continue to expand upon the functionality of the Advanced Utility Systems software by implementing an automated work order module. This will give the department the ability to process real time work orders. In so doing, work orders can be organized by location and assigned to staff accordingly. This should decrease windshield time, thereby reducing fuel usage and vehicle maintenance costs. In addition, reconnect work orders will be processed in real time and thus reduce the turn- around time for reconnection of services. An added feature of this module is the ability to offer customers a mobile application that they can use to access their account information, view, and pay their bills from their smart phones. Since this module will increase the in house users on the system, we will need to increase the number of user licenses as well. FUNDING: The cost of the Infinity.Mobile module is $30,000.00. It also triggers a user maintenance fee of $17,500.00. The ten (10) user licenses cost $35,000.00 and there is a one-time user server fee related to the licenses that is $40,000.00. The combined cost of these items is $122,500.00. This is budgeted in the Computer Software account in the operating budget. Operating funds are derived from water and sewer sales. ACCOUNT NO.: Description Account Number Amount Software 471-166153 $122,500.00 106 RECOMMENDATION: Staff recommends that the BCC: 1'4" Approve the Implementation of Infinity.Mobile Approve the purchase of ten (10) additional user licenses Approve the related Additional User Licenses User Tier Authorize the Chairman to execute the three related "Statement of Work" agreements #AT5510, AT5511, and AT5543. ATTACHMENT(s): Statement of Work Implementation of Infinity.Mobile, AT5510 Statement of Work Additional User Licenses AT5511 Statement of Work Additional User Licenses AT 5543 APPROVED FOR AGENDA: By: A - Indian River Co. Approv Date /JoSA. Baird, County Administrator Administration Legal vkr M-UP, For: , <. Budget bo ate Utilities Z K Utilities-Finance 107 U T 1 1, 1 T X S Y S T E M 6- a a Division of N.Harris Computer Corporation 2235 Sheppard Ave East,Suite 1400 Toronto ON M2J 5135 Phone(416)496-0149 Fax(416)496-3910 Statem-ent of Work Indian River County SOW ID: Implementation of Infinity.Mobile AT5510 Date of distribution: October 24, 2014 Distribution.: Advanced Utility Systems Brenda Klem Indian Inver County Cindy Corrente li) `..► Indian River County Reference ID:AT5510 108 V T I LIT Y SYSTEMS Statement of Work Indian River County Advanced Utility Systems (Advanced)is pleased to provide the following quotation for providing services to Indian Diver County(Indian River) This pricing and details contained within this Statement of Work (SOW)remains valid for 30 days from the date of issue Introduction /purpose The primary purpose of this Statement of Work (SOW)is to install and configure the Infinity. Mobile Module, Background As part of their host of technologies, Indian River County utilizes CIS Infinity as their utility billing application software and Customer Information System (CIS). Infinity. Mobile provides the utility and field representatives with the ability to utilize mobile service orders,.As part of the Infinity. Mobile suite, the utility will receive both the server portion as well as the field portion. The server portion is used to dispatch service orders, amongst other things, whereas, the field portion is used to download specific orders for each field rep(assuming there is a web connection). Scope The SOW outlines the requirements to setup and configure Infinity.Mobile along with the necessary training and testing support. The following tasks will be completed as part of the transition to Infinity. Mobile: 12 Installation of Infinity.Mobile a Configuration of Infinity. Mobile a Configuration of CIS Infinity to link to Infinity.Mobile v Administrator and User training(done via web and/or telephone conferencing) • Testing support and consulting time • Activation of Infinity. Mobile Production System o Creation of Infinity. Mobile Test system Expected results / benefits At the successful conclusion of the SOW, Indian River County will be able to offer customers access to their billing and account information through Infinity. Mobile. w"r [2 l Indian River county Reference ID:AT5510 109 A U T ILII Y SY' STEM5 Costs & time requirements The cost related to the product license is $30,000 and the work required to complete the SOW (Professional Services) is $17,500. In addition to the Maintenance Fees as outlined below. Maintenance Fees The Maintenance Fees are designed to manage the associated product support costs. The Maintenance Fees (support fee)is $1.0,000.00 per year, is due upon installation, and is pro-rated to your CIS Infinity Support anniversary date. *Net of applicable taxes Terms & conditions Payment terms Payment Milestone Payment Amount Deliverable Contract Signing Executed 1 $11,875 Statement of Work 25%of Contract submitted to Advanced Utility Systems ~" Finalized Project Plan Installation of the Software Advanced to notify l $11,815 Indian River of the Installation of the software on Installation of Indian River's server. Infinity.Mobile. 25 %of Contract Indian River to provide written approval of the successful installation of Infinity.Mobile.. Completion of Training Advanced to 3 $11,875 provide notification 25% of Contract that Training to Indian River for Infinity. Mobile has been completed and read for [31 Indian River County Reference ID:AT5510 110 WTI L IT Y SYSTEMS testing Indian River to provide written approval of the completion of Infinity. Mobile. 4 Advanced to Go Live $11,875 provide notification to Indian River of 25% of Contract the completed Infinity.Mobile Production System as Live. Indian River to provide written approval of Infinity.Mobile for Go Live *Maintenance Fees are also due upon installation of Infinity. Mobile to TEST system. �•- Conditions The following assumptions have been made to complete the necessary details within this SOW: The purchase of wireless hardware/devices is the sole responsibility of the utility, as Advanced is not a reseller of hardware devices. a The server hardware must be able to run the Internet Information Server(IIS), as Infinity.Mobile is a web based application o There are no conversion hours included in the Professional Services hours quoted above. If conversion is required, additional hours will be required • Client acknowledges that their current technology can support the Infinity. Mobile implementation based.on the recommended requirements provided by Advanced o Administrator training and end user training will be conducted via web based training e Infinity.Mobile implementation will be conducted via a remote install o When Infinity.Mobile version upgrades are available, client will be responsible for all Professional Service hours required to complete the upgrade. A SOW will be.issued. 141 Indian River County Reference ID:AT5510 111 VTILITY SYS TIiMS • Costs are estimates only and do not include any expenses incurred by Advanced to complete the SOW (i.e. travel, accommodations etc. if required to complete the SOW) ■ If expenses are incurred by Advanced to provide services outlined in this statement of work, Advanced staff will be using a meal per diem of$65 per weekday, and$120 per weekend day or holiday which will be billed to the utility, and will not be required to submit receipts. All other expenses will continue to be billed on actuals (i.e., airfare,hotel, car rental, fuel, mileage, travel time etc.) Escalation Process Several processes may trigger the escalation process, including issue tracking, contract management, and risk management. This process assumes that prior attempts have been made to resolve the item and the appropriate parties cannot reach a resolution. When an item is escalated, the appropriate participants are notified via formal communication (email, fax,or registered mail), which includes a summary of the concern/issue and the analysis of each party's position. The participants must be provided with sufficient time, to review the analysis and concerns prior to scheduling any resolution meetings. The levels of escalation and the participants in each level include: 1. Engagement Resource(Technical Specialist, Implementation Specialist, Application Consultant) 2. Engagement Manager(Project Manager) 3. Engagement Sponsor(Manager of Client Services) Standard,of care/warranty disclaimer The standard of care applicable to the Professional Consulting/Information Technology (PC/IT) services arising under this SOW will be the degree of skill and diligence normally employed by PC/IT consultants performing the same or similar services.No further warranty of guaranty, expressed or implied,is made with respect to thee services furnished hereunder and all implied warranties are hereby disclaimed.including the warranty of merchantability and fitness for a particular purpose. 151 Indian River County Reference ID:AT5510 112 UTI L ITY SYSTEMS Authorization Estimated cost of SOW: $30,000.00USD +$17,500.00 USD+Maintenance Fees Accepted by(signature): Name (please print): Date: ,.� [6 Indian River County Reference ID:AT5510 113 UTILITY SY $ TCMS Infinity. Mobile Recommended Hardware Requirement General purpose Web Server(Quad Xeon) 16 GB Memory(RAM) 120 GB of available storage space Hardware Max Specs: General Configuration tel Xeon Quad-Core Server Architecture Form factor Rack Mountable or Tower Design Processor(s) (Intel) Processor(CPU) Quad Core Xeon 3.0 GHz/12 MB processors Memory Standard Cache memory 12 MB cache per processor Memory (RAM) 16GB ECC DDR3 (up to 192GB DDR3 800MHz,1066MHz, or 1333Mhz) Network controller(s) Gigabit Ethernet NIC PCI Dual port Gigabit network adapters with failover and load balancing capabilities. Storage Controller(s) RAID Controller PERC H2O0/H700(6Gb/s) 2 internal channels, 2 external channels, 256/512MB battery backed cache Internal Storage(Bays) 2.5"or 3.5"Hard Drive Option Storage Optical Drive DVD-ROM Drive 24x nl Indian River County Reference IA:AT5510 114 C- .. i. ... , U Y 1 L I T YS Y S -r6. M S Hard Drives (Hot-plug drive options) • 3.5" SATA (7.2K): 80 GB,160GB, 250GB, 500GB, 750GB, ITB Y 2.5"SATA II (7.2K RPM): 80GB, 120GB, 160GB, 250GB Y 3,5"SAS (15K): 73GB, 146GB, 30OGB , 450GB • 2.5"SAS (10K RPM): 36GB,73GB, 146GB, 147GB, 30OGB Redundancy Cooling Hot Plug Redundant fan Power Supply Two Hot Plug redundant PSUs Operating system Microsoft Windows 2003 Server Enterprise or Higher Software Microsoft;Internet Information Server(IIS)6.0 or higher Microsoft:dot.NET Framework Release 4.0 .x Installed and Registered SSL certificate (security purposes) -- Optional Database Engines supported MS SQL 2,005 or higher(Standard or Enterprise) Interconnectivity Internet Uplink Server available on the internet Public DNS registry [81 Indian River County Reference ID:AT5510 115 V TI ILITY S Y S T e M a Division of N.Harris Computer Corporation 2235 Sheppard.Ave East,Suite 1400 Toronto ON M2J 5135 Phone(416)496-0149 Fax(416)496-3910 Statem-ent of Work Indian River County SOW ID: Additional User Licences SW ID: AT5511 Date of distribution: December 12, 2014 Distribution: Advanced Utility Systems Wink Craddock Susan Huang Indian Diver County Cindy Corrente M 1%00, Indian River County AT5511 116 UTILITY SYSTEMS Statement of Work Indian River County Advanced Utility Systems (Advanced) is pleased to provide the following quotation for the procurement of ten(10) additional CIS Infinity user licenses to Indian River County (Indian River). This SOW is valid for 30 calendar days from the date of issue and supersedes any previous offers related to services outlined below. Costs & time requirements* The cost for the license fee for ten (10) additional User Licenses at$3,500.00 per license is $35,000.00 USD. Full maintenance support fees for the additional licenses will be added to your 2015 support renewal fees. Terms & conditions Standard of care/warranty disclaimer The standard of care applicable to the Professional Consulting/Information Technology(PC/IT)services arising under this SOW will be the degree of skill and diligence normally employed by PC/IT consultants performing the same or similar services.No further warranty of guaranty,expressed or implied,is made with respect to the services furnished hereunder and all implied warranties are hereby disclaimed including the warranty of merchantability and fitness for a particular purpose. Authorization Estimated SOW Cost:. $35,000.00 (Ljcenses) Accepted.by(signature): Name:(please print): Date: [21 Indian River County AT5511 117 WTI1- ITY $i YS. TF, M5 a Division of N.Harris Computer Corporation 2235 Sheppard Ave East,Suite 1400 Toronto ON M2J 5135 Phone(416)496-0149 Fax(416)496-3910 Statement ®f Work Indian River County SOW ID: Additional User Licences SW ID: AT5543 Date of distribution: December 12, 2014 Distribution: Advanced Utility Systems Wink Craddock Susan Huang Indian River County Cindy Corrente 11] Indian River County AT5543 118 VTII- ! TY ISY $ TeMFS Statement ®f Work Indian River County Advanced Utility Systems (Advanced) is pleased to provide the following quotation for the server tier cost associated with the procurement of ten (10) additional CIS Infinity user licenses to Indian River County(Indian River) as per AT5511. This SOW is valid for 30 calendar days from the date of issue and supersedes any previous offers related to services outlined below. Costs & time requirements` The cost for the next license tier(from Tier 6 to Tier 8)carries a server cost of $40,000.00. License costs were quoted on AT5511.Full maintenance support fees for the additional licenses will be added to your 2015 support renewal fees. Terms & conditions Standard of care/warranty disclaimer The standard of care applicable to the Professional Consulting/Information Technology(PC/IT)services .,.,� arising under this SOW will be the degree of skill and diligence normally employed by PCAT consultants performing the same or similar services.No further warranty of guaranty,expressed or implied,is made with respect;to the services furnished hereunder and all implied warranties are hereby disclaimed including the,warranter of merchantability and fitness for a particular purpose. Authorization Estimated SOW Cost: $40,000.00(License tiers) Accepted by(signature): Naane (please print): Date: (21 Indian River County AT5543 119 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director ,." FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Martin Luther King Walking Trail Florida Department of Environmental Protection (FDEP) Recreational Trails Program (RTP) Grant Agreement IRC No. 1413 DATE: December 16, 2014 DESCRIPTION AND CONDITIONS Located north of 45th Street and just west of Gifford Middle School, the Martin Luther King (MLK)Trail Project involves two properties in Gifford.The first is a county-owned property and the current site of the Historic Macedonia Baptist Church,while the other is the Gifford Health Center property. When complete,the MLK trail will loop through both properties and connect to sidewalks on 45th Street and 28th Court.The MLK Trail project has considerable support from the citizens of the Gifford Community, and is a joint effort between the Indian River County Metropolitan Planning Organization (MPO), Indian River County Health Department, and the Indian River County Hospital District Board of Trustees. To fund construction of the ±2,650' trail, in 2014, MPO staff applied for cost-share funding through the Florida Department of Environmental Protection's (FDEP) Recreational Trails Program (RTP). Cost match for the grant application was provided by a cash donation of $15,000 from the Indian River County Hospital District Board of Trustees and in-kind services to be provided by county staff. Although the RTP is a highly competitive grant program, in late 2014,the MLK Trail Project was selected for funding by FDEP. For the Board's approval consideration, attached is the Project Agreement for the Martin Luther King Trail RTP Grant. Included in the Project Agreement is acknowledgement that Indian River County will complete a Certification of Filing of Notice of Limitation of Use,to be recorded in the public records of Indian River County, Florida when project has been completed. 120 Page Two BCC Agenda Item for January 6, 2015 From Christopher Jr. Kafer,Jr., P.E., County Engineer Martin Luther King Trail—FDEP Grant FUNDING The cost estimates for the Martin Luther King Trail Project are as follows: Martin Luther King Trail Cost Estimates Total RTP Hospital District Cash County In-Kind Project Element Cost Grant Match Match Construct 2,650' of $183,000 $134,000 $15,000 $34,000 Stabilized Trail Design, Engineering, $26,000 $16,000 0 $10,000 Planning and Survey Totals $209,000 $150,000 $15,000 $44,000 Funding will come from Account No. 12420415-066510-15014, MPO Fund/Planning/Martin Luther King Walking Trail. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Martin Luther King Trail RTP Grant Project Agreement and authorize the Board Chairman to sign the grant on behalf of the County. ATTACHMENTS 1. IRC Grant Form 2. Martin Luther King Trail FDEP RTP Grant Project Agreement DISTRIBUTION Indian River County Apprqvej Date Andrew Sobczak, MPO Senior Planner Administration q 13l APPROVED AGENDA ITEM Budget r t � Legal FOR: Innuary 6. 2015 - Public Works C "w'14° �A ° t ` •..� By: Engineering F:APublic Works'AMANEERING DIVISION PROJECTS\1413-Martin Luther Waikiug'frail\AdminAagenda items\BCC Agenda Memo DE'P 121 Grant Agreement 0 1-06-2015 a doc GRANT NAME: FDEP RTP Martin Luther King Walking Trail GRANT# T1435 AMOUNT OF GRANT: $150,000.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J. Kafer,Jr.,P.E.County Engineer TELEPHONE: (772)226-1221 1. How long is the grant for? For 2 years upon execution Starting Date: upon execution 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 X No If yes,does the grant allow the match to be In-Kind services? X Yes No 4. Percentage of match to grant 20 % 5. Grant match amount required 144,000_n0 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? In-Kind Services 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? 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? $ 0 y, Grant Amount Other Match Costs Not Covered Match Total First Year $ 150,000.00 $ $ 44,000.00 $ 194,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ Signature of Preparer: Date: 122 x T14035 T1435 (RTP Project Number) (DEP Project Agreement#) CFDA# 20.219 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECREATIONAL TRAILS PROGRAM FISCAL YEAR 2014 -2015 PROJECT AGREEMENT This project agreement ("Project Agreement") is entered into between the State of Florida Department of Environmental Protection, whose address is 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida, 32399 (hereinafter referred to as the "Department"), and the Indian River County, whose address is 1801 27th Avenue, Vero Beach, Florida 32960 (hereinafter referred to as the "Grantee" or "Recipient"), in furtherance of a recreational trail project, Martin Luther King Trail to be described herein. The execution date of this Project Agreement is WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Chapter 260.016(1)(g), Florida Statutes; and, WHEREASI the Department receives funds for such grants from the Federal Highway Administration; and, WHEREAS, the Grantee has proposed and the Department has approved a recreational trail project. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee hereby agree as follows: 1. This Project Agreement shall be effective upon execution of this Project Agreement and end on , which shall be no later than two (2) years from the effective date of this Agreement, inclusive. 2. The Department has found that mixed-use recreational trail is the primary purpose of the project known as Martin Luther King Trail, RTP Project Number T14035, (hereinafter referred to as "Project"), and enters into this Project Agreement with the Grantee for construction of recreational trail facilities and improvements on real property controlled by the Grantee through ownership or other interest. The legal description and approved method of site control of said real property are set forth in full in the Project application. 3. Attachment A, Grant Work Plan, attached hereto and made a part hereof, includes a description of the Project, detailed budget, and deliverables. Any revisions to Attachment A must be formally requested by the Grantee and, if agreed Revised 06/14 DEP Project Agreement No. T1435, Page 1 of 18 123 upon by the Department, the modifications will be reduced to writing in an amendment to this Project Agreement. 4. The Grantee shall construct, or cause the construction of, specified recreational trail facilities and improvements, (hereinafter referred to as "Project Elements"), upon the real property identified in the approved Project application and Attachment A, Grant Work Plan. The following shall be considered the Project Elements, which may be modified by the Department upon a showing of good cause, and that the spirit and intent of the Project is maintained: construction of 2,650 linear feet of 8- foot wide stabilized trail, installation of signage and sod adjacent to the trail and related support facilities). Any revisions to the Project Elements must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Project Agreement. 5. The Project Elements identified in Paragraph 4 above shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the approved Project application and Attachment A. Project Elements shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project Elements shall be in accord with current and established engineering and architectural practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreation and natural values of the area. Any and all utility -- - lines-installed-within the--Project--stgall-be-placed-underground:--The-Grantee—shall have the Project Site plan (site engineering and architectural) prepared by an architect or engineer licensed by the State of Florida. 6. The Project Agreement shall be performed pursuant to Chapter 62S-2, F.A.C.; the National Recreational Trails Fund Act of 1991, 23 U.S.C. 206, as amended (hereinafter referred to as "Program"); and in accordance with general provisions for such agreements prescribed by the United States Department of Transportation, Federal Highway Administration (hereinafter referred to as "FHWA") in the FHWA Interim Guidance (hereinafter referred to as "Guidance") and the State of Florida Department of Transportation's Project Development & Environment Manual, (hereinafter referred to as the "FDOT PD&E Manual"). The Grantee shall comply with all applicable state and federal laws and regulations, including the National Environmental Policy Act, the implementing regulations contained in the Code of Federal Regulations, specifically 23 CFR Part 771, and the Federal-Aid Policy Guide referred to in the Guidance. No construction performed under this Project Agreement shall be contrary to the requirements of the Acts of Congress or of the regulations of the FHWA. In the event a dispute arises between the parties concerning the intent of any language contained in this Project Agreement, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement. Revised 06/14 DEP Project Agreement No. T1435, Page 2 of 18 124 7. The Grantee agrees to become familiar with and comply with all provisions of Chapter 62S-2, F.A.C. and the Guidance which are utilized to comply with many of the aforementioned rules and regulations. Chapter 62S-2, F.A.C. and the Guidance are incorporated into this Project Agreement by reference as if fully set forth herein. 8. Prior to commencement of the Project, the Grantee shall submit for Department approval the documentation described in the FDOT PD&E Manual, as provided in the PD&E Data Survey. The Project may not commence until completion of the Project Development & Environment Process, an environmental determination is made by FHWA, the determination is accepted by the Department and approved by FHWA, and the Department notifies the Grantee in writing that construction of the Project may commence by issuance of a Notice to Proceed. The Grantee shall commence construction within ninety (90) days after the Notice to Proceed is issued by the Department, unless the Grantee requests an extension in writing for good cause such as natural disaster, which the Department may accept or reject in its sole discretion. 9. The Grantee acknowledges prior receipt of the following documents. It is understood that subparagraphs B, C, and D include documents that must be filled out by the Grantee and returned to the Department. A. Federal award letter approving project application as submitted by the Department.- -- - - - - - B. Project Development and Environment (PD&E) Materials — includes PD&E Data Sheet, Form OGT-15 and federal documents (survey, boundary map, Federal Form 424 - Budget Information, Drug-Free Workplace Certification, Civil Rights Assurance of Compliance, Certification Regarding Lobbying, Debarment and Suspension Form, federal Congressional District of Applicant and Project Site, FHWA Guidance, PD&E Data Survey. C. Commencement Packet— includes Boundary Map with legal description, Site Plan (signed and sealed), List of Facilities to be Constructed (signed and dated), Pre-Construction Certification, Form OGT-12 (signed and dated), Grant Project PD&E Data Sheet, Form OGT-15 (with back-up documentation). D. Program Completion Packet — includes Project Completion Certification, Form OGT-14, As-Built Site Plan (1 copy), List of Constructed Facilities and Improvements, Color Photographs or Slides of the Project and Identification Sign, Certification of Filing of Notice of Limitation of Use, Final Payment Request, Certification of FHWA Guidance. E. Recreational Trails Program Project Status Report (to be completed quarterly). Revised 06/14 DEP Project Agreement No. T1435, Page 3 of 18 125 F. Grant Accountability Procedures. 10. The Grantee agrees to comply with, and include as appropriate in subcontracts, the provisions contained in Attachment C, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment D, Regulations, attached hereto and made a part hereof, shall apply to this Project Agreement. 11. Asphalt paving for the Project shall conform to the State of Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 12. The Grantee shall submit a Recreational Trails Program Project Status Report on a quarterly basis. The Grantee shall utilize this form to describe the percentage of work performed during the reporting period, submit photographs showing the accomplished work, identify problems encountered, describe problem resolution, any necessary schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than five (5) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December-31.-- The Department's Grant Manager-shallhave-ten 11D)calenn ar a s �••- to review the required reports and deliverables submitted by the Grantee. Quarterly status reports received by the Department after the fifth calendar day following the completion of any quarterly reporting period will be considered late-filed and render the Grantee in default under the terms of this Project Agreement. Failure to comply with these reporting requirements will result in non-payment or termination of this Project Agreement. 13. The Department and FHWA shall have the right, through their agents, servants, and employees designated for that purpose, to inspect the site of the Project and the Project Elements thereon at any reasonable time. 14. A. The Grantee may subcontract work under this Project Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Revised 06/14 DEP Project Agreement No. T1435, Page 4 of 18 126 �- B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Project Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the State of Florida Department of Management Services, Office of Supplier Diversity at (850)487-0915. C. The Grantee agrees to comply with the procurement requirements contained in 23 C.F.R. 172.5 for its selection of subcontractors. 15. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws. Following completion of Project construction, the Grantee's Grant Manager shall provide the Department with a statement that all purchases or contracts for construction were competitively bid pursuant to applicable laws. 16. By acceptance of the provisions of this Project Agreement, the Grantee agrees to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 4 above, to the public as a recreational trail in accordance with section 62S-2.076, F.A.C. The parties further agree that the execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf-of the general-public of the State-of Florida: 17. The Grantee agrees to operate and maintain the Project Site, as defined in subsection 62S-2.070(37), F.A.C., in accordance with Rule 62S-2.076, F.A.C. The Project Site and Project Elements shall be open to the general public for recreational trail use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain the Project Elements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project Site, as defined in subsection 62S-2.070(37), F.A.C., if said development is not described in Paragraph 9 herein. The obligations in this paragraph shall survive the expiration of this Project Agreement. 18. The Grantee shall not, for any reason, convert all or any portion of the Project boundary area for any purpose other than a recreational trail without prior approval of the Department and FHWA pursuant to the Chapter 62S-2, F.A.C. 19. The Grantee shall complete all Project construction no later than two (2) years from the effective date of this Project Agreement. 20. Within forty-five (45) calendar days of completion of the Project and prior to release of the final payment, the Grantee shall submit for Department staff approval the Revised 06/14 DEP Project Agreement No. T1435, Page 5 of 18 127 �- documentation described in Chapter 62S-2, F.A.C., and included in the Program Completion Packet received by the Grantee. 21. A. As consideration for the services rendered by the Grantee under the terms of this Project Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $150,000 toward the total Project cost described in the approved Project application and Attachment A. Program fund limits are based upon the following: Total Grantee Amount $ 150.000 (paid by the Department) Grantee Match Amount $ 59.000 (paid by the Grantee) Total Project Cost $209.000 Type of Match $Cash and/or In-Kind Services It is understood that if the total Project cost exceeds the amounts shown above, it is the Grantee's responsibility to provide the funds necessary to complete the project. B. Travel expenses will not be reimbursed under the terms and conditions of this Project Agreement. C. The Grantee may submit payment requests upon completion of Project deliverables as identified in Attachment A. Program-funds shall be released by the Department, upon submittal of a payment request from the Grantee's duly authorized Grant Manager and upon compliance with this Project Agreement, as set forth herein. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Project Agreement pursuant to state and federal guidelines, as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. All bills for amounts due under this Project Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State of Florida Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%SFguide, allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at hftp://www.access.qpo.qov/nara/cfr/cfr-table-search.htmI and OMB Circulars A-87 (2 C.F.R., Part 225), A-122 (2 C.F.R., Part 230), A-21 (2 C.F.R., Part 220); and administrative requirements can be found in OMB Circulars A-102 and A-110 (2 C.F.R., Part 215) at http://www.whitehouse.gov/omb/circulars/index.htm1#numerica1. D. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. This information, Revised 06/14 DEP Project Agreement No. T1435, Page 6 of 18 128 when requested, shall be provided by Grantee to the Department within thirty (30) calendar days of such request. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Additionally, independent of the Grantee's contract obligations to the Subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney fees, civil or administrative penalties, handling fees, such as set percent overages associated with purchasing supplies or equipment. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractors invoice and a copy of the tabulation form for the competitive-procurement process (Invitation to_ Bid or Request for '— Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Managers approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 22 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. The Grantee must provide from its accounting system, a list of expenditures charged against this Project Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid and vendor name. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. The Grantee must also adhere to the State of Florida Department of Environmental Protection, Office of Revised 06/14 DEP Project Agreement No. T1435, Page 7 of 18 129 �^-- Greenways and Trails' Grant Accountability Procedures and Guidance ("Accountability Procedures") (reviewed and approved by the Federal Highway Administration), which are incorporated by reference, and were included in the commencement documentation. For purposes of this Project Agreement, the following federal cost principles are incorporated by reference. Below is a list of the required applicable cost principles: Organization Type Applicable Cost Principles State, local or Indian tribal OMB Circular A-87 government. 2 C.F.R., Part 225 Private non-profit organization OMB Circular A-122 other than an (1) institution of higher education, (2) hospital, or (2 C.F.R., Part 230) (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 2 C.F.R., Part 220 For-profit_ organization other than a -48 CFR Part 31,_ Contract_Cost hospital and an organization Principles and Procedures, or named in OMB A-122 as not uniform cost accounting subject to that circular. standards that comply with cost principles acceptable to the federal ------- F. enc F. The Department's Grant Manager shall, within sixty (60) calendar days after receipt of a complete payment request, review the submitted documentation and Project work accomplished to date, and, if complete pursuant to requirements of this Project Agreement, approve the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT'S review period will reset when such information is received as requested by the DEPARTMENT G. The Department shall reimburse the Grantee up to ninety percent (90%) of the total amount of funding under this Project Agreement. Final payment of the remaining ten (10) percent will be retained until the Project has been completed and approved by the Department. Upon completion of the Project and prior to release of the final payment, the Grantee shall submit all documentation described in the Recreational Trails Program Project Completion Documentation Form OGT-13, included in the Program Completion Packet received by the Grantee. A final payment request must Revised 06/14 DEP Project Agreement No. T1435, Page 8 of 18 130 be submitted to the Department no later than sixty (60) days from the completion date of the Agreement, to assure the availability of funds for payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 22. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 23. The Department and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Department for any obligation or expenditure made prior to the execution of this Project Agreement with the exception of $0 for planning, permitting, or design performed on or after August 27, 2014. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending RTP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 26. No reimbursement will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department within ten (10) days of being notifies of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeline, the Department may, in its sole discretion, either: 1) terminate'this Agreement for failure to perform, or 2) the Department's Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the written request from the Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee, in writing, whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department's rejection of the proposed CAP to submit a revised proposed CAP. If the Department rejects the revised proposed CAP, the Grantee shall be entitled to no further revision of the proposed CAP and the Department may terminate this Project Agreement for failure to perform. Revised 06/14 DEP Project Agreement No. T1435, Page 9 of 18 131 B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under this Project Agreement. In the event the approved CAP fails to correct or eliminate performance deficiencies by the Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall serve to estop the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be provided to the Department as requested by the Department's Grant Manager. If a satisfactory deliverable is not submitted within the timeframe specified in the approved CAP, the Department may, in its sole discretion, terminate this Project Agreement for failure of the Grantee to perform. The approved CAP shall be hereby incorporated into this Project Agreement by this reference and upon the Department's approval. C. Failure to respond to a Department request for a CAP may result in termination of this Project Agreement. - - - The-remedies set forth above are not exclusive and the Department reserves the w— right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Project Agreement. 27. The Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee for noncompliance with the terms of this Project Agreement. 28. If the United States acting within the scope of its lawful authority, through the FHWA, the Secretary of the FHWA, or any other branch of the government of the United States, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to refund and will forthwith repay directly to the Department the amount of money demanded. 29. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 30. Expenses, representing the Grant amount and the required match, shall be reported to the Department and summarized on certification forms referenced in Chapter 62S-2, F.A.C. The Grantee shall maintain books, records and documents directly pertinent to performance under this Project Agreement in accordance with generally Revised 06114 DEP Project Agreement No. T1435, Page 10 of 18 132 accepted accounting principles consistently applied. The Department, the FHWA, the state, or their authorized representatives shall have access to such records for audit purposes during the term of this Project Agreement and for five (5) years following Project Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 31. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 32. The GRANTEE shall maintain books, records and documents directly, pertinent to performance under this PROJECT AGREEMENT in accordance with generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five (5) years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 33. A. In addition to the requirements of the preceding paragraph, the Grantee shall - -comply with the applicable provisions contained in Attachment B (Special - Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment B summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment B. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager identified in Paragraph 30 to request a copy of the updated information. B. The Grantee is hereby advised that the federal and/or Florida Single Audit Act requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment B, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa Revised 06/14 DEP Project Agreement No. T1435, Page 11 of 18 133 The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 34. Following receipt of an audit report identifying any refund due to the Department for noncompliance by the Grantee with the Project Agreement, the Grantee will be allowed sixty (60) calendar days to submit additional pertinent documentation to offset any amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of the total refund due to the Department. 35. A. The Grantee's accounting systems must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. The Grantee is prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where the Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these funds have been commingled, the -Department shall have the right to demand a-refund, _either in whole or in part, of the funds provided to the Grantee under this Project Agreement for non-compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. In the event that the Grantee recovers costs incurred under this Project Agreement and reimbursed by the Department from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Project Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 36. The federal funds awarded under this Project Agreement must comply with The Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful Revised 06/14 DEP Project Agreement No. T1435, Page 12 of 18 134 NOW spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Grant Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Project Agreement, for the Department to comply with this requirement. 37. All notices related to this Project Agreement will be satisfied by sending notice by certified U.S. mail to the following addresses of the parties: Department's Grant Manager: Robin Birdsong, Community Assistance Consultant Office of Operations State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard, M.S. 585 Tallahassee, Florida 32399-3000 Grantee's Grant Manager: Andy Sobczak, Metropolitian Planning Organization Senior Planner Indian River County 1801 27th Avenue Vero Beach, Florida 32960 38. Robin Birdsong, Community Assistance Consultant, or her successor, is hereby designated as the Department's Grant Manager for the purpose of this Project Agreement. The Department's Grant Manager shall be responsible for ensuring performance of the terms and conditions of this Project Agreement and shall approve all reimbursement requests prior to payment. The Grantee's Grant Manager, Andy Sobczak, or his successor, shall act on behalf of the Grantee relative to provisions of this Project Agreement. The parties will notify each other in writing, using the manner set forth in this Project Agreement for providing notices related to this Project Agreement, of any change to the designated grant manager within thirty (30) calendar days of the change. 39. This Project Agreement may be terminated prior to the expiration date, as stated in paragraph 1 of this Project Agreement, as follows: A. If for any reason the Grantee should fail to perform in a timely manner the obligations under this Project Agreement, or if the Grantee should violate any of the federal, state or local laws pertinent to the Recreational Trails Program, the Guidance or the Manual, as referenced in paragraph 2, or any of the terms or conditions of this Project Agreement, the Department shall thereafter have the right to terminate this Project Agreement with prior notice. In the notice, the Department will set the effective date of the termination, which may be upon receipt. The Department may, in its sole discretion, Revised 06/14 DEP Project Agreement No. T1435, Page 13 of 18 135 NOW provide the Grantee an opportunity to cure the violations. In the event the Department terminates this Project Agreement for these reasons, the Department is not required to compensate the Grantee for any expenses incurred before or after such termination. B. The Department may terminate this Project Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. The Grantee shall not incur new obligations for the Project after the notice is received and shall cancel as many outstanding obligations as possible. The notice shall set out the procedures for proper closeout of the Project Agreement. C. This Project Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Project Agreement, unless the records are exempt from section 24(a) of Article I of the Florida Constitution and Section 11 9.07(l), Florida Statutes. D. The Department shall terminate this Project Agreement if the commencement documentation is not received and approved by the Department within twelve (12) months of this Project Agreement's execution. This time period may be extended by the Department for good cause, such as natural disaster. 40. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The State of Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 41. By acceptance of the Program grant, the Grantee agrees to comply with the requirements of Title VI of the Civil Rights Act of 1964; the Architectural Barriers Act of 1968; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Drug-Free Workplace Act of 1988; the Americans With Disabilities Act of Revised 06/14 DEP Project Agreement No. T1435, Page 14 of 18 136 1990; 31 U.S.C. 1352, regarding limitations on use of appropriated funds to lobby or otherwise influence federal contracting and financial transactions; Executive Order 12549, regarding federal debarment and suspension of contractors; Section 8136 of the Department of Defense Appropriations Act, which requires inclusion of the federal funding amount and the percentage of the total project that amount represents in all public notices and documents describing the Project; and, Section 623 of the Treasury, Postal Service and General Government Appropriations Act of 1990, regarding public notice of federal funding in solicitations for goods and services for projects with an aggregate value of$500,000.00 or more. 42. Execution of this Project Agreement does not relieve the Grantee of the responsibility to comply with all applicable federal, state, county, or municipal laws, ordinances or rules; nor is the Grantee relieved of the responsibility to obtain any permits, management agreements, leases or other authorization required by the Department or any federal, state, county or municipal agency for acquisition or development of the Project Site. 43. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Project Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the �- Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Project Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 44. It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall apply to this Project Agreement. 45. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 46. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 47. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. Revised 06/14 DEP Project Agreement No. T1435, Page 15 of 18 137 48. The Grantee agrees to adhere to all state and federal special terms and conditions incorporated by reference as part of this Project Agreement as if fully set forth herein. 49. The Grantee certifies that no federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any federal contract, grant, or cooperative agreement. If any non-federal funds are used for lobbying activities as described above, the Grantee shall submit Standard Form-LLL, "Disclosure of Lobbying Activities" (provided in Federal Documents Packet), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [49 CFR 20]. 50. In accordance with Executive Order 12549, Debarment and Suspension (49 CFR 29), the Grantee, by execution of this Project Agreement, shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not •- knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by Federal Highway Administration to the Department. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Project Agreement. 51. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 52. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the Department. 53. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. Nothing herein shall be construed as consent to be sued by third parties in any manner arising out of this Project Agreement or related to the Project. 54. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly Revised 06/14 DEP Project Agreement No. T1435, Page 16 of 18 138 signed by each of the parties hereto, and attached to the original of this Project Agreement, unless otherwise provided herein. 55. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 06/14 DEP Project Agreement No. T1435, Page 17 of 18 139 The parties hereto have caused these presents to be duly executed the day and year last written below. STATE OF FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION INDIAN RIVER COUNTY,FLORIDA By: By: Director(Designee) Printed Name: Wesley S. Davis Office of Operations Title: Chairman Date: Date: Address: 1801 27th Avenue Vero Beach, Florida 32960 DEP Grant Manager APPROVED AS TO FC'r f•'- i' x S7F '1012 ry / Approved as to form and legality: _ . VYIL.LfAM K.DEL - ;��'C!TY CCUt�TYATTORN[r DEP Attorney GRANTEE'S ATTORNEY(if required) *For agreements with governmental boards/commissions: If someone other than the Chairman signs this agreement, a resolution, statement, or other document authorizing that person to sign on behalf of the Grantee must accompany this agreement. LIST OF ATTACHMENTSIEXHIBITS INCLUDED AS PART OF THIS FIRST AMENDMENT.• Specify Type Letter/Number Description Attachment A Grant Work Plan Q Pages) Attachment B Special Audit Requirements(5 Pages) Attachment C Contract Provisions Q Pages) Attachment D Regulations 1 Page) Revised 06/14 DEP Project Agreement No. T1435, Page 18 of 18 140 ATTACHMENT A RECREATIONAL TRAILS PROGRAM PROJECT GRANT WORK PLAN Indian River County-Martin Luther King Trail-Nonmotorized/Diverse Use RTP Project#T14035 Project Tasks, Deliverables, Associated Costs&Completion Dates Amount of Amount of Total Estimated Costs to be Costs to be Cost for Each Paid with Grantee Match gsted Completion Indicate If to be Project Task and Deliverable RTP Funds (per ratio noted Deliverable Date for Each bid or In-house or Descriptions in Application) RTP+Match Deliverable combination #1 Task Description:project design $16 000 $10,000 $26,000 6 months Combination and engineering(to be completed (in-kind) by consultant).Planning and permitting to be completed in- house by county staff. Task Deliverables: Copies of permits and desi n documents. #2 Task Description:Prosite work $134,000 $49,000 $183,OD0 15 months Combination 1 ($15,000 cash, including:land clearing,excavation $34,000 in-kind) and grading,installation of culverts and inlets,construction of 2,650' linear feet of 8'wide stabilized trail, and installation of sod to be completed by contractor:Project management and construction oversight,including project inspections and in-house signage construction and erection to be completed in-house by county staff. DEP Agreement No.T1435,Attachment A,Page 1 of 3 141 Amount of Amount of Total Estimated Costs to be Costs to be Cost for Each Paid with Grantee Match Listed Completion Indicate If to be Project Task and Deliverable RTP Funds (per ratio noted Deliverable Date for Each bid or In-house or Descriptions In Application) RTP+Match Deliverable combination Task Deliverables: 2a.100%project construction. 2b.As Built Site Plan and Color Photographs of Completed Project. TOTALS 1150,000 $59,000 $209,000 Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding under the Recreational Trail grant program;approved plans and application approved for funding. Financial Consequences: Failure to meet the performance standard will result in the rejection of the invoice for reimbursement .,., and claim for match. Instructions and Explanation of Grant Work Plan Task Description: Include description of task to be completed under this Agreement. Task Deliverable: Identify what will be completed at the time of the request for reimbursement. If it is part of a construction task, identify what part of the construction will be completed at this point. May be the percentage of completion, amount/number, length, width, surface, etc. Identify what will be submitted as proof of completion (dated photographs, certification of completion, copies of permits,copies of approved plans,etc. One task can have multiple deliverables. Each deliverable must have a detailed budget and completion date. Note: If task will be contracted and/or subcontracted, a copy of the fully executed contract between the RTP project sponsor and the contractor must be identified as a deliverable under the Task Description and submitted to Robin Birdsong, or her designee. Number of Deliverables: Grantee should note as many deliverables as needed to property complete project, and accommodate required cash flow. DEP Agreement No.T1435,Attachment A,Page 2 of 3 ,Now 142 RTP Funds and Grantee Match: Totals must equal amounts indicated in Project Agreement, Paragraph 10. RTP funds proportionately in every deliverable. Example-803 RTP,20%Grantee Match;must show 80%RTP funds in every deliverable. Amount of Costs to be paid with RIP Funds: Provide description of the costs as follows: Salaries:identify the position title/hourly rate/# of hours to complete the deliverable; Fringe benefits: identify the % used to calculate the fringe benefits; Contractual Services: identify what service will be paid for under the contract for services; Equipment: the purchase of equipment is not allowed under this Agreement,the rental of equipment is the only costs allowed that are associated with equipment; Supplies and Materials: identify what supplies/materials will be purchased; Other costs: identify what other costs are being requested (such as printing costs,other costs that do not fit into the other established cost categories (salaries,fringe benefits, equipment, supplies, indirect, contractual services). The same level of detail must be identified for the match being claimed under this Agreement. Schedule of Values: A schedule of values, developed per the construction industry standard, must be submitted with the Commencement Documentation. All invoices submitted as part of the reimbursement process must correspond with Attachment A and the Schedule of Values. Reimbursements: No reimbursement will be made until deliverable item is completed, and documentation is submitted and approved by the Department Grant Manager. Deliverables must be tied to a physical product, i.e. copy of permit, signed/sealed boundary map,construction documents,quarterly status report(with photos),viewed on site by Robin Birdsong or 'ow her designee. Change In Costs of Deliverables: Any revisions to Attachment A must be formally requested by the Grantee and if agreed upon by the Department,the modifications will be reduced to writing in an amendment to this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.T1435,Attachment A,Page 3 of 3 `w► 143 ,,low ATTACHMENT B SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the 'Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. �... 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at http://12.46.245.173/efda/cfda.html. DEP 55-215(06/14) DEP Agreement No.T1435,Attachment B,Page 1 of 5 144 PART H:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such 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(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection,other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its 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 non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP 55-215(06/14) DEP Agreement No.T1435,Attachment B,Page 2 of 5 145 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSin leAuditAa dep.state.fl us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSin gleAudit@dep.state.flus 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir_ eptly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSin gleAudit dep.state.fl.us DEP 55-215(06/14) DEP Agreement No.T1435,Attachment B,Page 3 of 5 146 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSinaleAudit2dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer; or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215(06/14) DEP Agreement No.T1435,Attachment B,Page 4 of 5 147 F.NMrr—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ient Pursuant to thisAgreement Consist of the Following: Federal State Program 4 Appropriation Number Federal Age Number CFDA Title Funding Amount Category Original U.S.Department of 20.219 Recreational Trails Program $150000 140185 —Agreement Transportation State Resources Awarded to the Recipient Pursuant to this reement Consist of the Following Matching Resources for Federal P rams: Federal Program Appropriation Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category ,Now State Resources Awarded to the Recipient Pursuaut to this AgreemeRt Consist of the Following Resources Sub ' tion 215.97 F.S.: State CSFA Title State Program State CSFA or Appropriation Number FundingSource Fiscal Year Number FundingSource Descri tionAmount Category Total Award It]50000 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [http://12.46.245.173/cfda/cfda.htm]] and/or the Florida Catalog of State Financial Assistance(CSFA) [https://apps.fldfs.comlfsaa/searcbCatalog.aspx]. The services/purposes for which the fiords are to be used are included in the Contract scope of servicestwork Any match required by the recipient is clearly indicated in the Contract DEP 55-215(06/14) DIP Agreement No.T1435,Attachment B,Page 5 of 5 'wr 148 ATTACHMENT C Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback" Act(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. �` In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -Where applicable, all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5).Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 1857(h)),section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations(40 CFR part 15). DEP Agreement No.T1435,Attachment C,Page 1 of 3 149 �► 6. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 7. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."This list contains the names of parties debarred,suspended,or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 8. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 9. Compliance with all Federal statutes relating to nondiscrimination-These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records;(g)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing;(h)any other nondiscrimination provisions in the specific statute(s)made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply. 10. Compliance with the requirements of Titles H and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 11. Compliance with the provisions of the Hatch Act(5 U.S.C.1501-1508 and 7324—7328)that limit the political activities of employees whose principal employment activities are fimded in whole or in part with Federal funds. 12. Compliance,if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 13. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738;(c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood DEP Agreement No.T1435,Attachment C,Page 2 of 3 150 +�•� hazards in floodplain in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal action to State (Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93-205). 14. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 15. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 16. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,and related activities supported by this award of assistance. 17. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by this Agreement. 18. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 19. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act(Pub.L.94-163,89 Stat.871). 20. Compliance with Limitation on Federal Participation (23 CFR 1.9) pertaining to the use of Federal-aid funds v.�. 21. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration (www.ccr.gov) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.T1435,Attachment C,Page 3 of 3 151 ATTACHMENT D REGULATIONS Formal regulations concerning administrative procedures for U.S. Department of Transportation (DOT) grants appear in Title 49 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A-General 49 C.F.R.24 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 49 C.F.R.27 Nondiscrimination on the basis of disability in programs or activities receiving Federal financial assistance. 49 C.F.R. 17 Intergovernmental review of DOT programs and activities 49 C.F.R. 19 Uniform administrative requirements for grants and agreements with institutions of higher education,hospitals and other nonprofit organizations 49 C.F.R. 18 Uniform administrative requirements for grants and cooperative agreements to state and local governments 49 C.F.R.20 New restrictions on lobbying 49 CFR 32 Drug-Free Workplace Act Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures,or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Now 2 CFR 1532 Nonprocurement Suspension and Debarment Regulations Office of Management and Budget Circulars A-21 2 CFR 220 Cost Principles for Educational Institutions A-87 2 CFR 225 Cost Principles for State,Local,and Indian Tribal Governments A-122(2 CFR Cost Principles for Non-Profit Organizations 230 A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.T1435,Attachment D,Page 1 of 1 152 • INDIAN RIVER COUNTY, FLORIDA C ;� MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Award of Bid No: 2015010 Vero Lake Estates Asphalt Millings Project (Phase 1) IRC Project No. 1314 DATE: December 9, 2014 DESCRIPTION AND CONDITIONS On November 19, 2013, the Indian River County Commissioners approved a prioritized list of roadway improvements recommended by the Vero Lake Estate advisory group and authorized the expenditure of Vero Lake Estates MSBU funds for the design,permitting and construction of said improvements. This project consists of the widening and placement of asphalt millings to the following streets in Vero Lake Estates located in Indian River County, Florida: 104th Avenue (87th Street to C.R. 512), 911t Street (104th Avenue to 100th Avenue) and 107th Avenue (90th Street to 94th Street). This project will include the construction of two new drainage culverts on 104th Avenue, miscellaneous drainage improvements, regrading of swales, clearing and grubbing, and replacement of grassed area within the project limits. The bid opening was held on December 3, 2014. Seven (7) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Dickerson Florida Inc. Fort Pierce, Florida $712,600.00 Mancil's Tractor Service, Inc. Stuart, Florida $762,410.03 Communty Asphalt Corporation Vero Beach, Florida $897,809.51 Blue Goose Construction Fort Pierce, Florida $1,039,039.20 *Ranger Construction Industries, Inc. Fort Pierce, Florida $1,047,536.45 Timothy Rose Contracting, Inc. Vero Beach, Florida $1,127,645.01 Jobear Contracting, Inc. Palm Bay, Florida $1,242,505.76 * Denotes mathematical error was found and bid amount corrected. Dickerson Florida, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $712,600.00. Dickerson Florida, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. 153 P:\Pubhc WorI s ENGINEERING DIVISION PROJECTSV 314-107th Ave Milling,90th St to 94th St\Admin\agenda items\BCC:Agenda Award of Bid 10-14- 2014doc Page 2 Award of Bid —Vero Lake Estates Asphalt Millings Project (Phase 1) For January 6, 2015 BCC Meeting FUNDING Funding for this project is budgeted and available from Account No. 18521441-035510, Road& Bridge Petition Paving Materials, Vero Lake Estates. RECOMMENDATION Staff recommends that the project be awarded to Dickerson Florida, Inc., in the amount of $712,600.00 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Dickerson Florida, Inc. Indian River County Approveo Date APPROVED AGENDA ITEM Administration FOR January 6, 2015 Budget Legal BY Public Works r Engineering t't Purchasing w.. 154 FRublic Works\FNG1NIi:ERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th StAAdminAagenda items\BCC Agenda Award of Bid 10-14- 2014 doc SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK.................................................................................................................................2 ARTICLE 2-THE PROJECT............................................................... ............................................2 ARTICLE 3-ENGINEER..................................................................... ............: : ..............................2 ARTICLE 4- CONTRACT TIMES.................................................................... ............... :...............2 ARTICLE 5- CONTRACT PRICE............... .................... .............. ................. ................................3 ARTICLE 6-PAYMENT PROCEDURES.'.,................ 3 ARTICLE 7-INDEMNIFICATION............ ........... .............................................................................5 ARTICLE 8- CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9- CONTRACT.'DOCUMENTS.,,...........................................................................................6 ARTICLE10-MISCELL'AN90US...'.".."..,...............................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520- 1 00520-Agreement SAMPLE REV 11-14 155 F:\PubhcWorks\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\agenda items\00520-Agreement SAMPLE REV 11-14.doc SECTION 00520 -Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as Specified or indicated in the Contract Documents. The Work is generally described a"s follows: This project consists of the roadway widen ing and placement' of asphalt millings to the following streets in Vero Lake Estates located in India h River County, Florida: 10416 Avenue (8r Street to C.R 51,2), 91St Street (1Q4zt'.Avenue to 100th Avenue) and 107t1 Avenue (901 Street to 94t'' Street)`;Th.is project wi incI iie`4he construction of two new drainage culverts on 100<;Avenue, miscellaneous drainage improvements, regrading of swales, clearing and griI blrtg, and.','replacement of grassed area within the project limits. iq ARTICLE 2 -THE PROJEC . 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows Project Name: Vero Lake Estates;Asphalt Millings Project (Phase 1) County Proje6t-Numb6t 1314 gti Number: 201:5.010. . Project Address 104"'.Avenue, 40711 Avenue, 91st Street, Indian River County, Florida ARTICLE 3` NGIM" 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act:as 0' NER's representative, assume all duties and responsibilities, and have the rights and"authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. �... 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520-Agreement SAMPLE REV 11-14 00520-2 156 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_901h St to 94th StVAdmin\agenda items\00520-Agreement SAMPLE REV 11-14.doc A. The Work will be substantially completed on or before the 120th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is;;nor completed within the times specified in paragraph 4.02 above, plus any extensions fhe`reof allowed in accordance with Article 12 of the General Conditions. Liquidated damages ll?comm nice for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered byOWNER if the 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 $1,074.00 for each calendar day.that `expires after the ikhe specified in paragraph 4.02 for Substantial Completion until tke,Work is substantia lly complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, qr"'fail to complete the remaining Work within the Contract Time ,or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER1;074.00 for each calendar day that expires after the time specified in paragraph 4.,',02 for 661Y pletion and readiness for final payment until the Work is completed and ready for final payment. .. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant;to paragraph5.01.A and summarized in paragraph 5.01.6, below: A For.all Work, at`fhe prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. ..1- HE CONTRACT SUM subject to additions and deductions provided in the Contract:: r''Nume`nc�l Amount> ;$ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. 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. 6.02 Progress Payments. 00520-Agreement SAMPLE REV 11-14 00520-3 157 F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\agenda items\00520-Agreement SAMPLE REV 11-14.doc A.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, togeth r"with all costs associated with existing change orders and other additions or`'modifications to the construction services work provided under the Contract Documents; 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on"the application for payment form supplied by OWN.t"R and the application for payment shall contain the CONTRACTOR'S certification. All pro"oress 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)pf the retainage held by the County as OWNER, and the County"as. OWNER shall"promptly make payment to the CONTRACTOR unless such amounts.are thesubject''of a good faith dispute; the subject of a claim pursuant to Florida.. tatUtes 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, .sorvices, or materials supplied by one or more subcontractors or suppliers, the Cgntractor shall timely remit payment of such retainage to those subcontraktors arx suppliers. Pursuant to Florida Statutes section 218.735(8)(c)s(2005), CONTRACTOR further acknowledges and agrees that: 1) the County is­OWNER `shall receive immediate written notice of all decisions rrlac�e by CONTRACTOR to withhold retainage on any subcontractor at greater tkn r fids percent (5%) after fifty percent (50%) completion; and 2) CONTRA�CTOW'will not seek release from the County as OWNER of the withheld'r ainage until the final pay request. 6.04 Paragraphs ti 02 and 6.03 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. 6.05 Acceptance of Final Payment as Release. A. 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 00520-Agreement SAMPLE REV 11-14 00520-4 158 R\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Admin\agenda items\00520-Agreement SAMPLE REV 11-14.doc 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 Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar;with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, agd:Performance of the Work. C. CONTRACTOR is familiar with and is„satisfied Vis`to all federal, state, and local Laws and Regulations that may affect cost, progrdss, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions al or contiguous to the Site and all drawings of physical conditions in or relating to existing sti fa&..or bsurfaca-`structures at or contiguous to the Site (except Underground Facilities) 'which ;:have been identified in the Supplementary Conditions as provided in paragraph 4.,02of the General Conditions and (2) reports and drawings of a;Ha4rdous Environmental Condition, if any, at the Site which have been identified in the;,Supp{ eptaryOtlditions as provided in paragraph 4.06 of the General wa, C Q0'ditions. E CONTRACTOR had obtained and carefully studied (or assumes responsibility for having � ! e so);all � iitiorylor supplementary examinations, investigations, explorations, tests, studies,and t i `.con`s ping conditions (surface, subsurface, and Underground Facilities) at or contiguous t the,`-ite which may affect cost, progress, or performance of the Work or which relate tp any aspect of the means, methods, techniques, sequences, and procedures...of,-14nstruction to be employed by CONTRACTOR, including applying the specific means; >nethods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520-Agreement SAMPLE REV 11-14 00520-5 159 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th SAAdmin\agenda items\00520-Agreement SAMPLE REV 11-14.doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the.Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following:: 1. This Agreement (pages 00520-1 to00.20-9, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to,00610-3, incluswe); 4. Sample Certificate of Liability Insurance (page; 00 620-1); 5. Contractor's AppY, tion for Payment (Pages 00622';1 to 00622-6 inclusive); 6. General Conditions (pag'e's 007,00-ji, 0076642, inclusive); 7. Supplementary Conditions (pages QQ-1 to 00800-10, inclusive); 8. Specifications as`listed,,in Division.1 (General Requirements) and Division 2 (Technical Provisions.:. ,.. 9; Drawings congIatlrtg of a cover sheet and sheets numbered 1 through 34, inclusive, withv, ph;.sheet"'.bearing the following general title: Vero Lake Estates Asphalt Millings Pt'bjct 10. Addenda (num60rs to inclusive); 11. Appendicbi4lo this Agreement (enumerated as follows): Appendix A—Permits Appendix B— Indian River County Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 13. Bid Bond (page 00430-1 inclusive); 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 00520-Agreement SAMPLE REV 11-14 00520-6 160 F\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_Mh St to 94th St\Admin\agenda items\00520-Agreement SAMPLE REV 11-14.doc 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 16. Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive); 17. List of Subcontractors (page 00458-1 inclusive); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 19. Contractor's Final Certificate of the Work (page: 00 632-1 to 0 -2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract NOWA. No assignment by a "pally;hereto of any rights.under or interests in the Contract will be binding on another party heratq witheut the written consent of the party sought to be bound; and, specifically but+Without lirnlfaion, moneys that may become due and moneys that are due r ay, not be assigned VAR utsuch consent (except to the extent that the effect of thrs re&Hcntion may be limited by law), and unless specifically stated to the contrary in any Wntten'p¢nsent to 4i assignment, no assignment will release or discharge thi"ssignor from any duty or responsibility under the Contract Documents. 10.03 Successors and A,§*,"s A. 01NNE� `arid CUNTR4CTOR each binds itself, its partners, successors, assigns, and legal representativ,s to the other party hereto, its partners, successors, assigns, and legal representatives ir4'respect to all covenants, agreements, and obligations contained in the Contract Docent#s. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue 00520-Agreement SAMPLE REV 11-14 00520-7 161 F:\Public Works\ENGINEER ING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\agenda items\00520-Agreement SAMPLE REV 11-14.doc A. This Contract 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 Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. 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 onthe 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;disclosd 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 Contractor upon termination of the Agreement and destroy ;any duplicate .public records` that are exempt or confidential and exempt from public recoi`ds disclosure requirements. All records stored electronically mus , _be provided to the County in a format that is compatible with the information technology sy3aems of fY'e,County. B. Failure of the Contractor"to complywith these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520-Agreement SAMPLE REV 11-14 162 00520-8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\agenda items\00520-Agreement SAMPLE REV 11-14.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORATE iSEAQ Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL` SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name Christppher J Kafer Jr,,, P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 7*93g1 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION 00520-Agreement SAMPLE REV 11-14 163 00520-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\agenda items\00520-Agreement SAMPLE REV 11-14.doc 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 144W 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: Bill Rigby ADDRESS: 8465 59`h Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Robert Rule of Order and Procedures IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED a YES NO �• IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Change procedure adopted on a specific issue that was approved in REQUESTING OF THE COMMISSION? 2009 ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: T Fax seph A. Baird Mail MEETING DATE: ' �� ��/ Hand Delivered / LX Phone Document2 Board Approved 11/7/06 "Op, 164 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(9)(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: Fred Mensing ADDRESS: 75801291h Street,Sebastian,Fl PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: Potential Lawsuit against County and Others IS A PRESENTATION PLANNED? a YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Settlement Agreement or Suit will be filed and Action to Governor to REQUESTING OF THE COMMISSION? have Commissioner O'Bryan,Zorc,Solari removed from office for Causing Suit. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: -� Interactive Web Form E-Mail COUNTY ADMINISTRATOR: _X_ Fax /`"oseph A. Baird Mail MEETING DATE: January 6,2015 Hand Delivered Phone F.\County Admin\EzecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 165 f lit- Tom and Linda Winkel 6650 451h Street Vero Beach, FL 32967 February 8 , 2010 Exhibit A The following slides are examples of how the county has saved thousands of dollars due to not performing work as stated in Exhibit A. 1 1) Relocate 3 large oaks, 1 bottle brush tree, and 3 large clusters of Reclinata Palms Actual : Removed all from property Reclinata Palms A W P 1 ... K "���. �m t=4Nc, � ,:,- .,, s.r - --; .� -. Y►. lei � si r SGS r r Y _ t 1Y' �,+ 'tip /�^�'', l .'/ , .� �1�g•�.i y ` . - - ti _ 1 / 3) Use imported sand to raise existing elevation of south side of property to match 8 : 1 slope of new elevation after construction . Actual : 4: 1 slope with no sand fill added to raise current elevation C 4 4) 8 : 1 slope on 66t" Avenue Actual : 4 : 1 slope h 5 ) Excavation of pond peninsula and removal of Sable Palms Actual : Traded this work part for on August 19, 2014 agreement 14 %V 4•• e;G: 'r irk ' �.• August 19 , 2014 15t Amendment 11 • swale aboveon west property 9i Actual : 15" swale Let I �.•t�o �..-. _»max..__:-=_:,�►-� �- � _ �1 r v' rs ' 1 S supposed • r y� connect to culvert piping C 2 ) Regrade positive flow of north swale from east to west on north property line Actual : e= 1 drainage - f 1A IV 1 �. it �..i may._' _ ..�._ L' �^riY.�- �'e`'��' �' f''•'� .I+�. +� �' -......'�'�" �; �'.- � ���,' ,". www.». � i.1� -'rc-�#h, ��_• �� .V�.. +� � f�J �•t.. i ,r�'' - .. .,-... .!i� � 7 '.j as - ,� r�`�'""r�_ � !'�0•�e � ; 1 ( 1 North Swale by Barn Area Drainage Options For 8 years, neighbors to north have been allowed to discharge pond water onto our property and never installed required swale . 17 Drainage • . - r �•; "�,,�;' � ,�.�,,,��►�` } may;�• �-� t.�/-`_- •n.� ~ �'` '��:��'l�1iL,:,rte` - �r"SR's � ..� .. ->•.. _rte:' iI �__,'�. .��C. 1 �� � r����✓ fir*; Drains . . ur north propertyy E� Option 1 : County offered to put in new drainage plan for both us and the Kurpils, which we declined . LATERAL A SUBDIVISION, P.D. S/TE INDIAN RIPER COUNTY,FLORIDA VICINITY MAG r }I _ _ I _ I r G R Option 2 : Place berm along north property line Actual : Did not occur 29inches 22inches 12 inches � t a" u � i - i v ` M A m f ( 1 Option 3 : Ground drain @ NE property line Actual : Drain is placed too far north to collect runoff from our property and county property east of our fence line. Option 4 : Continue swa le to northeast corner. If height issue occurred, county would raise fence . Actual : Fence at east end of north swale is at a critical height for our horses . .......... a k P i Fence height is 33 inches . 00 r_ IF rr .. 44V' 4 µ { k Current fence height is a safety issue for passing motorists, pedestrians, and to the animals 6N `A themselves . a f 3 ) Reconstruct driveway Actual : Driveway currently is incomplete and has drainage issues . le - N n� N r " •: `,:• RIw 90ka Water is not draining. Proposed concrete removal �, p 4) Pond reconstruction will be performed in stages . Actual : Work began on January 5, 2015 . t M U i. 1 1 1 Hardships incurred by Owners Construction crews removed grove of palm trees from south side of property and left large holes and weeds which grew to 4-5 feet tall before the area was maintained by county one year later. Horse fencing was removed for over 3 months causing horses to deplete grass in remaining fenced pastures. c h • Septic drain field is currently compromised and being replaced in part due to county removing the swale from the south side of property allowing runoff to be trapped along septic field from Fall of 2013 until Fall of 2014. • Driveway remained underwater for 6 months. • Since March 15, 2013, our property has been an eyesore . D LA TERAL A SUBDIVISION, P.D. SITE INDIAN RIVER _.g,qLWTY, FLORIDA .12VICINITY MAP C5-10— Q, Loll fv Jg� too sO-0,00-w �I GAJ 1215- .Wv 1 .^a em..r. '�°«�¢,_�cp� \J— ly'��"aV - 17 U0. T .— or svrtvey -pro?c6e D �1 A n INDIAN RIVER COUNTY, FLORIDA .. MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC mmunity Development Director THROUGH: John McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney, Senior Planner 0/2 DATE: December 29, 2014 SUBJECT: Notice of Scheduled 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 January 6, 2015. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: January 13, 2015 1. Full Gospel Assembly Inc. of Vero Beach's Request for Special Exception Use Approval for a Fellowship Hall Addition [SP-SE-14-07-17 / 99100004 -72376] [Quasi-Judicial] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. Indian River Co. A r ed Date APPROVED AGENDA ITEM: Admin. - 7a 31 f FOR: Januarv,6, 2015 Legal 2-2 Budget Z l BY: Dept. Risk M r. — -- 166 FACommunity Development\CurDev\public hearings\BCC\2015\t-6-15 public hearing notice to board.doc 1 PUBLIC NOTICE ITEMS: 1/6/15 IVOffice of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County attorney William K. DeBraal,Deputy County attorney Kate Pingolt Cotner,assistant County attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 29, 2014 RE: Public Notice of Public Hearing Scheduled for January 13, 2015 to Consider an Ordinance to Repeal Certain Language in Chapter 315 of The Code of Indian River County with Respect to Medical Marijuana The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, January 13, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUNA" TO REPEAL REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Inhm Approved for January 6, 2015 BCC Meeting Public Notice Items Indian River Co. App r edgDateAdmin.COUNTY ATTORNEY Co.Att .Budget Department Risk Management 167 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY ... INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Joseph Baird County Administrator DATE: December 30, 2014 SUBJECT: Request for Executive Ses ' —January 6, 2015 FROM: Jason E. Brown Director, Management & udge Staff has been collectively bargaining with the IAFF union since April 2013. Although both sides have been bargaining in good faith, an agreement has not been reached and an impasse was declared on May 30, 2014. A Special Magistrate hearing was held October 9 and 10, 2014 concerning the impasse between Indian River County and the IAFF. The Special Magistrate's recommendations were received on December 19, 2014 and must be accepted or rejected within twenty (20) days. Staff seeks to schedule an executive session (as allowed under F.S. 447.605) with the Board to discuss the Special Magistrate's recommendations. This meeting is exempt from F.S. 286.011. Members of the bargaining committee that will be present at the executive session include: Colleen Peterson, Human Resources Manager; Michael Zito, Assistant County Administrator; Jason Brown, Director, Management & Budget; John King, Emergency Services Director; Jeffrey Mandel, Attorney with Fisher& Phillips, LLP; as well as the County Administrator, Joseph A. Baird. RECOMMENDATION Establish a time certain of 10:00 a.m., January 6, 2015, for the executive session to discuss the Special Magistrate's recommendations. APPROVED AGENDA ITEM: Indian River County- Approved Date Administrator A % I BY: Le al 1 Joseph A. Baird Budget & 34 County Administrator Department Risk Mana ement FOR: January 6, 2015 168 Regular Agenda Itenm INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 29, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager A W Subject: Preliminary Resolution I for Providing a Watermain Extension on North Indian River Drive and Resolution II Setting a Public Hearing for the Watermain Assessment Project within North Indian River Drive —Scenario No. 2 DESCRIPTIONS AND CONDITIONS: On October 7th, 2014, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to move the Indian River Drive Assessment Project to a Public Hearing phase. The BCC directed staff to prepare the preliminary assessment roll based on Scenario No. 2 which is to terminate at Mr. Franklin's Property (13680 North Indian River Drive). The project consists of 17 parcels benefitting from the watermain, with 11 in favor of the project. The parcels vary in size. On October 30th, 2013, the project specifics and preliminary costs were presented to the residents within the proposed assessment area along North Indian River Drive at a meeting held in the City of Sebastian City Hall. The tabulated results the County received after the presentation did not account for 2/3 in favor of the project to move to a design phase. Therefore, some of the residents in favor of the project, brought an item to the Indian River County Board of County Commissioners (BCC) for consideration to move the Indian River Drive Water Assessment project to a design phase irrespective of the 2/3 majority. On April 1St, 2014, the BCC directed staff to obtain surveying and design information for the proposed Indian River Drive water line project in order to calculate a more definite project cost for the residents. Although, per parcel cost reduced from the preliminary estimates, the results in favor of the project did not change. ANALYSIS: Staff utilized the following computational procedures for determining the assessment cost for the benefitting parcels: • Front footage • Area or square footage of parcel • Equal per Parcel The different costs were presented to the homeowners at the preliminary meeting. Staff further evaluated the above three methods based on the "NO" votes. Upon the subject evaluation it was confirmed that what staff presented to BCC on October 7th, 2014 where the assessment to be based 169 on an "Equal per Parcel" is the most equitable to all parties. Please refer to Attachment 1 labeled as "Parcel Cost Breakdown for Scenario No.2." Although BCC authorized staff to move forward with Scenario No. 2, staff feels that constructing the watermain to Roseland Road (presented as Scenario No.1) to complete a looped system will benefit the residents and utilities for redundancy, water quality and provide for future growth. The cost to extend the line to Roseland Road will not be a part of the subject assessment, but future connections to the extension line will be charged the same cost per parcel as the subject assessment project. Staff secured the FDEP permit November 13, 2014 which is valid for five (5)years. The subject assessment portion of the project will consist of installing approximately 1,100 feet of 8- inch PVC water main, with water services to each lot. The project will begin at an existing 8-inch water main gate valve, located along the east side of Indian River Drive adjacent to the Inlet at Sebastian Condominium. A Providing Resolution (Resolution 1) is presented for adoption by the Board. The petition represents 65% of the property owners in the proposed benefited area in favor of having County water. A separate resolution (Resolution 11) is presented for adoption to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each property owner in the benefited area. Pending BCC approval a Public Hearing is tentatively scheduled for Tuesday, March 10, 2015 at 9:05 A.M. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and will be filed with the Clerk to the Board of County Commissioners. FUNDING: Funds for this project are derived from the capital funding. Capital fund revenues are generated from impact fees. Scenario No. 2 DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water 473-169000-06510 Assessment-Scenario No. 2 $ 99,377.58 Line Extension to Complete the Loop DESCRIPTION ACCOUNT NUMBER AMOUNT `Indian River Drive Water Line 472-169000-06510 Extension to Roseland Road $ 62,837.50 F:\Utilities\UTILITY-Engineering\Projects-Assessment Projects\OOOAssessments-2012 Proposed\IR Drive -Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res I&Il.doc 170 RECOMMENDATION: The staff of the Utilities Department recommends that the Board of County Commissioners consider the following recommendations: 1) Adopt the resolution providing for the installation of the watermain within Indian River Drive-Scenario 2, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt a resolution setting the time and place of the Public Hearing. —March 10, 2015, at 9:05 am. 3) Authorize staff to install the remainder of the watermain extension to Roseland Road to complete the loop as part of the subject project if, after the public hearing is held, and the BCC approves the subject project to go forward. The cost of the extension to be paid by Indian River County. Any future connections to be charged the same per parcel cost as the subject assessment project. ATTACHMENT(s): 1. Parcel Cost Breakdown for Scenario No.2 (Attachment 1) 2. Providing Resolution (Resolution No. 1) 3. Setting Resolution for Public Hearing (Resolution No. II) 4. Cost Estimate 5. Assessment Roll and Assessment Area Map APPROVED FOR AGENDA: By: � , Indian River Co. Approv d Date e z Joseph,A. Baird, County Administrator Administration Legal Y LSD For: Budget 6 Dat Utilities 211 Utilities-Finance F:\Utilities\UTILITY-Engineering\Projects-Assessment Projects\OOOAssessments-2012 Proposed\IR Drive -Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res I&Il.doc 171 Parcel 1 Breakdown for Scenario No.2 No. of Parcels - Acreage _Front Footage Equal TT-—-—- -—-—-— —-,—-—-—-— _ - Acres 1 Sq ft Cost Linear Ft __Cost _ Cost — - -- — -- -- ----- 1 JOLLEY SAMUEL E 13615 N INDIAN RIVER DR 0 52� 22651.3 $7,340.39 1101 $6,211.10 $5,845.74 y RD r€ ' ��` Mfw } Y r 'r� z s' ':e.+. - - ..._ ..• '.�� '�.vm,.. n k �7�4 a .2T`H ..n.:..�_.. ... .✓._... e .._._—: �.._ ...:.. ... ': .., ti: I I a0.43' 18730 9' $6,069 94 901 $5 081.81 $5 845.74 DIAN RIDGE CORPORATION 13635 N INDIAN RIVER DR is4,n $ ., o q, '+' .•, G z �a'., tai . -'g'cr - -A -�+�S =m' _ .'., C . =735 4 _ ., 8 GAFFNEY JOHN D 13620 N INDIAN RIVER DR _____0.ii, _9583.24, $3,105 55 100, $5,646.45 $5,845.74 FRANKLIN HARLAN B * MARY 7-----7-- ----T------ -----1------- ----- 9 JANE 13680 N INDIAN RIVER DR -—___0.191 8276.431 $2,682.07 651 $3,670.19 $5,845.74 10 OLES RALPH SALLY 13630 N INDIAN RIVER DR 0.231 10018.81 $3,246.71 _ 1001 _$_5,6_46.45 $5,845.74 __ 11 STANSFIELD DAVID D & 13660 N INDIAN RIVER DR 0.23 1-00--18-.8 $3,246.71 85 $4,799.49 $5,845.74 '�r " ¢'��t , s•'g ,"�� i'tr7 � ,FFYY'G' c -t��,u� �'"�" � T--- `t '7''"` - -�� - - MCELVEEN STEPHEN A (LE) 13 KAREN S (LE) 13600 N INDIAN RIVER DR ____- 0.4! 17424.1-1 $5,646.45 801 $4,517.16 $5,845.74 MCELVEEN STEPHEN A (TR) --rt------t------ ----'I------- ----- 1 14 KAREN S (TR) 13610 N INDIAN RIVER DR _____0.391 _16988.51 _$5,5_05.29 ___ 751—-$_4_,2_34_.84 $_5,8_45._74 15 DILL WARREN W & 13670 N INDIAN RIVER DR _____0.191 8276.431 $2,682.07 ___ 651 —_ — ------.19 ----$5,845.74 16 COALBY ARMS LLC 13580 N INDIAN RIVER DR 0.161 6969.631y_$2—_,258.—_—58 601 $3,387.87 $5,845._74 —1——————— ———— I I 1 17 JOLLEY SAMUEL E RUTH ANN 13590 N INDIAN RIVER DR 0.451 19602.11 $6,352.26 1201 $6,775.7411 $5,845.74 Total = 7.04 306664 $99,377.58 1760 $99,377.58 $99,377.58 Comparing the Lowest Cost for the benefitting property Equal E Legend: Sq ft VS. Equal Front Foot VS. Equal Actual Votes Based on q per Parcel M.� � s� Not in Favor "Yes"Votes 7 out of 17 9 out of 17 11 "No"Votes 2 out of 6 3 out of 6 6 N ATTACHMENT 1 Providing(First Resolution) RESOLUTION NO. 2015- `"' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN EXTENSION TO NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) FROM 13580 TO AND INCLUDING 13680 NORTH INDIAN RIVER DRIVE IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension to North Indian River Drive (also known as Riverside Drive) from 13580 to and including 13680 North Indian River Drive in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water line shall be extended from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida, to specially benefit 17 parcels located there ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. Based upon the current uses, sizes, zoning and development potential of the parcels, each parcel is equally benefited by the provision of water, and thus the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $99,377.58 or$5,845.74 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of$5,845.74 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as-built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special 173 RESOLUTION NO. 2015- 'Waw assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Clerk to the Board and Department of Utility Services. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher �-- Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 6th day of January, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Wesley S. Davis, Chairman By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 2 174 Time and Place(Second Resolution) RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES FROM 13580 TO AND INCLUDING 13680 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA, AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2015- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described hereinafter, that a waterline be installed from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida, to serve 17 parcels ("Improvements"); and WHEREAS, based upon the current uses, sizes, zoning and development potential of the parcels, each parcel is equally benefited by the provision of water, and thus the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $99,377.58 or $5,845.74 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, 175 RESOLUTION NO. 2015- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ""'" COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, March 10, 2015, at which time the owners of the specially benefited properties to be specially assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. 3. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 176 RESOLUTION NO. 2015- The Chairman thereupon declared the resolution duly passed and adopted this 6th day of January, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Wesley S. Davis, Chairman By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIE Y BY D LAN REINGOLD COUNTY ATTORNEY 3 177 Opinion of Probable Cost Estimate for Indian River Drive-Scenario No.2 Date: December 2,2014 Installed Cost Bid Bid Item Estimated Unit of Unit Total Item No. Description Quantity Measure Price Price 1 Install 8" PVC Water Main 860 LF 40.00 $34,400.00 2 Install 8" HDPE Directional Drill including fusion of 240 LF 50.00 $12,000.00 3 Install Mechanical Restrained Joint DI Fittings 0.5 TON 7,000.00 $3,500.00 4 Install 8"GV&B 1 EA 1,250.00 $1,250.00 5 Install Water Service-Single Short w/Yoke and Box 4 $2,800.00 EA 700.00 6 Install Water Service-Double Short w/Yoke and Box 3 $2,700.00 EA 900.00 7 Install Water Service-Single Long w/Yoke and Box 4 EA 800.00 $3,200.00 8 Install Water Service-Double Long w/Yoke and Box 4 EA 1,150.00 $4,600.00 9 Install Fire Hydrant w/6"GV 1 EA 3,500.00 $3,500.00 10 Test Holes/Potholes 10 EA. $200.00 $2,000.00 11 Lawn Restoration(Topsoil and Bahia Sod) 1,000.0 LF $4.00 $4,000.00 12 Record Drawings per IRCDUS Standards,See Section 1 LS $3,000.00 $3,000.00 Subtotal Water System $76,950.00 13 Mobilization,Demobilization,MOT 1 1 LS $4,575.00 $4,575.00 Subtotal Mob.,Demob.,&MOT $81,525.00 Contingency 1 EA 0.10 $8,152.50 Engineering&Administration 1 LS $4,500.08 $4,500.08 Bidding&Award 1 LS $1,200.00 $1,200.00 Permitting 1 LS $1,500.00 $1,500.00 Construction Services 1 LS $2,500.00 $2,500.00 TOTAL $99,377.58 r..r 178 \ ,\ PROPOSED WATER ASSESSMENT PROJECT " '; \\ WE FROM 13580 TO AND INCLUDE 13680 S 13809 , . INDIAN RIVER DRIVE aka RIVERSIDE DRIVE F posed Boundary 13805 j \ posed Parcels \ 13680 House Address \ \ 7675 � j. \V1 / /, % 13750 /13692 / 13690 j / 13725 \ 13690, -'l 3680001> 13685 13680 ^s �L2� 13670 50 13660 13630 �A 13665 1 625 13620 13650 13655 7785 1 r 13645 3630 ` 13608 ti ' 13635 13620 ' \ 1 13590 13610 13625 13608 ' \` 13615 13602 7768 �' 13600,. 13580 13605 �\ r` 13590 7714, \ \ - 13595 \ .---135 1 13580 13580 t 13550 7705 13570 13570 `A 1 S urCLss;E's(i,.HERE, DeLorme lomTomli4h\p. increment PgCorp GEBCO. J 7713 i ,U FAO, NPS, NRCAN1,��dbase. IGNiJI,C!=t ter NL, Ordnance Survey Esr, \ Japan, ME71.. Esn China lHo1iY1T6hg) swisstoA)II��'lpmylndia.Cc,\,, 179 OpenStreellvlap contributors,anctUhe GIS uJ*2 , imunity" ir, V WE"( N 1 PROPOSED WATER ASSESSMENT PROJECT rr+ WE DIAN RIVER DRIVE a.k.a RIVERSIDE DRIVE ti „ , ���� WS 7675 13750 13692 13690 SCENARIO 2: Number of Parcels = 17 "Yes" Votes = 11 71 "No" Votes = 6 Project Cost = $99,377.58 13680 Cost per Parcel = $5,845.75 °o 13670 NORTH OF RED BOUNDARY: Number of Parcels = 713660 RED BOUNDARY: Cost per Parcel = $6,128.07 13665 m�� Number of Parcels = 10 1362513620 13650 "Yes" Votes = 8 "No" Votes = 2 13610 Project Cost = $56,481.12 13655 7785 g Cost per Parcel = $5,648.12 rt0 136 13645 m 13608 13635 13620 G) v2 13590 625 13610 0 1313615 13608 13602 N� GOPKST 13600 13 13605 13590 13595 13580 13580 7_ d,'" 13550 13570 7705 �' SourcePs:�Esri)TiERE, De l orme�TomTom�l, t__m p`increment korp.,GEBCO, 0<S„.FAO;"NPS!_N��EMN`.6eBase IGNj�'- a ter NL,Ordnance Survey, Esri �Ja'&n-METI, Esn C'I�ina(Hdr?g hong),swis�to�or Map ylndia,© � OpenStreetMap contributorsl�ndrhe GIS Us `���mrnu ity 1�q.A. PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE Parcel# 30-38-25-00000-0050-00004.0 Assessment= $5,845_.74 ier DILL,WARREN W& °rwcondary Owner KEYS,DONNA A Mailing Address PO BOX 780417 - ;SEBASTIAN,FL 32978-0417 Legal A PARCEL OF PROPERTY LYING BETWEEN OLD US HWY NO 1&INDIAN RIVER;LYING PARTLYIN INLET VIEW SUB PBI 2 64 BEING MORE PART DESC AS FOLL;FROM AN IRON PIPE IN CONCRETE IN CENTERLINE OF ROSELAND RD,SAME BEING SHOWN 0 N PLAT OF INLET VIEW; RUN S 20 DEG 8 MIN E A DIST OF 628.40 FT TO A PT;TH N 58 DEG 53 MIN 30 SEC E ON A LINE PARA TO N BDY OF LOTS 1&12 OF SAID INLET VIEW SUB TO E R/W OF OLD US HWY NO 1 TO A PT;TH CONT N 58 DEG 53 MIN 30 SEC E TO A + _. . DIST OF 118.57 FT TO THE OUTSIDE OF A CONCRETE BULKHEAD;TH R y UN SELY ALONG SAID CONCRETE BULKHEAD;TH RUN SELY ALONG SA 'ID CONCRETE BULKHEAD A I ND THE INDIAN RIVER TO A PT;SAID PT BEI NG 70 FT MEASURED AT RIGHT ANGLES TO THE LAST PREV DESC LI NE FOR POB;TH RUN SEL Y ALONG SAID CONCRETE BULKHEAD AND THE i {NDIAN RIVER 70 FT TO APT IN SAID CONCRETE BULKHEAD;TH RU ` NS58DEG53MIN30S EC W A DIST OF 121.00 FT MORE OR LESS TO ;THE INTER OF THE E BDRY OF SAID OLD US HWY 1;TH RUN NWLY ALONG SAID E ROW LINE OF OLD US HWY 170 FT MORE OR LESS TO A PT ON A LINE WHICH IS 70 FT NLY AND AT RIGHT ANGLES TO SA ID 121.00 FT LINE;TH _ ON A LINE RUNNING 58 DEG 53 MIN 30 SEC E A DIST OF 120.45 FT MORE OR LESS TO A POB ;site Address 13670 N INDIAN RIVER DR ;Parcel# 30-38-25-00000-0050-00004.1 Assessment= $5,845.74 ,Owner FRANKLIN,HARLAN B&MARY JANE P Secondary Owner _ ;Mailing Address 13680 N INDIAN RIVER DR SEBASTIAN,FL 32958 ;Legal THAT PART PCL OF LAND MORE DESC AS FOLL; FROM AN IRON PIPE IN THE CENTER OF ROSELAND RD;THE SAME BEING SHOWN,ON'THE PLA 4 OF INLET VIEW AS,IIN PBI 2-64 RUN S 20 DEG 08 MIN"E A'DIST OF 628.40 FT TO A PT;TH RUN N 58 DEG 53 MIN 30 SEC EONA LINE PARALLELTO THE N BDY OF LOT 1&12 SOF SAID INLET VIEW TO THE E ROW OF OLD US HWY 1 TO THE PO �&„TH N 58 DEG 53 MIN _ ,30;SEC E A DIST OF 118.58 FT TO OUTSIDE OF A CONCRETE BULKHEAD;TH SELY ALONG SAID BULKHEAD A DIST OF 70.07 FT MEASURED 'AT RIGHT ANGLES TO THE LAST DESC LINE;T H S 58 DEG 53 MIN 30 SEC W 120.45 FT TO THE ELY BDRY OF OL D US HWY 1;TH NWLY AL ONG SAID EASTERN BDRY OF OLD US HWY 1 TO THE POB;LAND NOW LYING AND BEING IN SEC 25-30-38 site Address 13680 N INDIAN RIVER DR 1.1 �1<<-A'-'u_i 1J iso- , -�:_1 1 .—IT'i C JILUVp.,o s=_,_, -rf. 71_�.OV,0 L1\I L'I80 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE Parcel# 30-38-25-00000-0050-00009.0 Assessment= $5,845.74 Owner JOLLEY,SAMUEL E .. ........ Secondary Owner Mailing Address 113590 INDIAN RIVER DR SEBASTIAN,FL 32958 Legal FROM AN IRON PIPE ON THE N EDGE OF THE I PAVING OF THE ROAD LEADING FROM STATE R#4 TO THE TOWN OF iROSELAND;&ON THE I -._ CENTERLINE OF OLD DIXIE HWY;RUN S 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1270.1 . �FT MORE OR LESS;THENCE RUN N 59 DEG 09 � MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8;INLET VIEW --------- .SUB THENCE CONT N 59 I . DEG 09 MIN E ALONG THE N LINE OF SAID i I LOT 8 A DIST OF 244.4 FT TO THE POB;THENCE RUN A i LONG THE SAME BEARING &ALONG THEN LINE OF LOT 6 OF INLET MEW SUB TO A POINT ON THEW R/W LINE OU S HWY#1;THENC E RUN NWLY&ALONG THE W R/W LINE OF U S HWY#1108.38 FT; ;THENCE RUN S 59 DEG 09 MIN W&PARALLEL TO THE N LINE OF LOT 6 A DIST OF 209 ;FT THENCE RUN SELY TO THE POB;(OR BK X488 PP 889). Site Address 13615&13625 N INDIAN RIVER DR + Parcel# 30-38-25-00000-0050-00010.0 Assessment= $5,845.74 Owner GAFFNEY,JOHN D Secondary Owner Mailing Address ;13620 N INDIAN RIVER DR SEBASTIAN,FL 329.5$ Legal SELY 100 FT OF PART,OF LOTS 5&7;LYING ,E OF OLD D/HAS INO BK 42;PP 479;LYING E OF U 5 HWY INO 1 AS IN D BK>83, PP 131 Site Address 13620&°13622 N INDIAN RIVER DR E,\,1N a>__ r� 202 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE Parcel# 30-38-25-00000-0050-00011.0 Assessment= $5,845.74' Owner INDIAN RIDGE CORPORATION, Secondary Owner _ Mailing Address 13590 INDIAN RIVER DR SEBASTIAN,FL 32958 'Legal ALL OF THE FOLL DES PROPERTY LYING WLY O F OLD US HWY#1(NKA RIVERSIDE DR):COM AT AN IRON PIPE ON THE N EDGE OF THE PAV ING OF THE RD LEADING FROM ST RD NO 4 TO THE TWN OF ROSELAND&ON THE CENTERLINE OF THE OLD DIXIE {, HWY RUN 5 20 DEG 08 MI N 00 SEC E ALONG THE CENTERLINE OF THE :OLD DIXIE HWY A DIST OF 1068.63 FT;TH RUN N 59 DEG 06 MI N 00 SEC E A DIST OF 2 15.50 FT FOR THE POB;TH RUN N 59 DEG 09 !_ __..._.-- ------ - MIN 00 SEC E TO THE INDIAN RIVER(FOR NLY LINE);TH RUNS S y' i ,WLY ALONG THE IR TO A PT ON THE W SHORE OF THE IR WHICH WOULD 4 BE A DIST OF98.38 FT FROM THE PREVIOUS PT MEASURED ON A Li.. NE PARA TO THE CENTERL I INE OF OLD US HWY#1 AS IT EXIST ON THE DATE OF THIS DEED(RIVERSIDE DR ROUTE),TH RUN S 59'DEG 09 - - -- -- MIN 00 SEC WTO THE E -- ---- c )_ - wr. i BDY LINE OF OLD US HWY#1&WHICH PT IS i 98.38 FT SELY FROM NLY LINE OF SAID PROPERTY MEASURED ALO j ;NG THE E R/W LINE OF 0 LD US HWY#1;TH RUN NWLY ALONG THEE R/ W LINE OF OLD US HWY#1 A DIST OF 8.38FT;TH RUNS 59 DEG 09 MIN 00 SEC WTOAP T WHICH IS 209.00 FT W OF THE W R/1N LINE OF US HWY#1;TH RUN NWLY ON AstINE PARA WITH THE W R/W L INE OF OLD US HWY#1 A DIST OF 90.00 FT TO THE POB ;Site Address 13635&13637 N INDIAN_RIVER DR ;Parcel# 30-38-25-00000-0050-00012.0 Assessment= $5,845.74; jOwner OLES,RALPH&SALLY !Secondary Owner Mailing Address 13630 N INDIAN,RIVER DR - SEBASTIAN„FL32958 Legal N 98.38 Ff'OF THAT PART LYING BETWEEN OLD US HIGHWAY NO 1&RIVER BEING PAROF LOTS 5&7;LYI NGEOFOLDD/HASR I BK 9;PP 294&R BK 180 PP 637 'Site Address 13630 N INDIAN RIVER DR r�J-;. „i „1g2 .. v�:� �., :..[F.Wim_ _ _J -,Aczc�l 7�r._: __ _ rla\R_C 6_-._i A'.. _.•_._ PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE Parcel# 30-38-25-0000-0070-00001.0 , Assessment= $5,845.74', Owner i COALBY ARMS LLC, I iSecondary Owner ------------- 1 Mailing Address 642 EAST RIDGEWOOD ST r 1 t ORLANDO,FL 32803 (Legal FROM INTERSECTION OF S LINE OF INLET (VIEW SUB&E R/W LINE OF OLD STATE RD NO 5;ALSO KNOWN A �S RIVER ROAD;RUN !SELY ALONG SAID E R/W A DIST OF 60.00 F ,THENCE ELY&PARALLELTO S LINE OF INLET VIEW SUB TO W BAN " K OF IND RIV,THENCE ;," _MEANDERING NWLY ALONG SAID IND RIV TOS C (LINE OF INLET VIEW SUB THENCE WLY ALONSAID S LINE OF INL ( j !ET VIEW SUB TO E R/W i _I - - _ ._..- - - - �OF OLD STATE--- ---RD--NO— 5;ALSO----KNOWN--------AS-THE- -- -----------_-_--_---__-__ ---- _..-------; RIVER ROAD TO THE POB AS R BK 178 PP 675 AL -- — --- ----_ SO PARCEL 0 ------ — — — --_ I IF LAND AS DESC IN R BK y i �201 PP 644 A ,c Site Address 13580 N INDIAN RIVER DR r i P--rel# 30-38-25-00004-0000-00001.0 ''' Sq Ft 26,572 Assessment= $5,845.74; ,r STAFFORD,MALCOLM W&HEATHER ° ndary Owner -- i -- - - _---_ _._._ - _._ -- -- -- --. — _ .a !Mailing Address 2095 LAKESHORE BLVD W STE 316 TORONTO = -- -- — - O - ONTARIO CANADA,M8V 4G4 a Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64THAT PART OF LOTS 1&2 LYING W - ILY OF U S HWY NO 1 _. ;Site Address 13665 N INDIAN RIVER DRfParcela Owner# _ j STANSFIELD DAVID D-0000,0 Assessment= $5,945.74' ._._.._ Secondary Owner 16RAKE LINDA 0 Mailing Address ' 13660 N INDIAN VER DRQ i SEBASTIAN,.FL 3 8 Legal 'PLAT OF INLETVIE SUBDIVISION PBI 2 64 NLY 70,ft SLY 85 FT OF FOLL { DESC LAND;PAR(! OF LAND BETWEEN US HWY NO 1&IND RIVER BO IUNDED ON-,N WS BY EXTE iN510N OF N&S LINES OF LOT 2 TO INDIAN RIVER BEING LOT 2 ELY OF US HWY NO 1 AS R BK 10 PP 653 Site Address 446N INDIAN RIVER DR •W.. wrr v<< �,�c,\UIIL rT C, n:,t ,e, ,�:� ����". �����E"i, :,�,��,:,:�,d t�,��,� .r_z�,183 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE i Parcel# 30-38-25-00004-0000-00002.1 I Assessment= $5,845.74 ;Owner ALICANDRO,SEAN A Secondary Owner Mailing Address 13650 N INDIAN RIVER DR SEBASTIAN,FL 32958 _ I _ �_ _ Legal PLAT OF INLET VIEW SUBDIVISION j --- - PBI 264 SLY 15 FT OF A PARC OF LAND BET i WEEN US HWY#1&IND RIV BOUNDED ON N&S BY EXTENSION OF i Nm&SLINESOFLOT2T O IND RIV;BEING LOT LYING ELY OF US HWY k #1&PARC OF LAND BET US HWY 1&IND RIV BNDED ON N&5 B Y EXT OF N&S LINES 0 I J F LOT 3 TO IND RIV,BEING LOT 3 ELY OF US HWY#1;BEING MORE PART DESC AS FOLL;ALL THAT PART OF LOT 3 LYING NE OF OLD US HWY#1(NKA INDIAN RIVER DR);&THE S 15 FT OF LOT 2 LYING ON THE E SIDE OF OLD US HWY 1(NKA I --- -- -- ----------- - ---- --------- - - - - ;, - i-- - NDIAN RIVER DR) A 'Site Address 13650 N INDIAN RIVER DR " Parcel# 30-38-25-00004-0000-00003.0 I Assessment $5,945.74 -------------- ;Owner ALICANDRO,SEAN A �Seconda Owner ,r D'-"Ing Address 13650 N INDIAN RIVER DR --- ----------- SEBASTIAN,FL 32958 — LeGai PLAT OF INLET VIEW SUBDIVISION d PBI 2-64 THAT PART OF LOT 3 LYING WLY OF U S HWY NO 14e ! ISite Address 13655 N INDIAN RIVER DR Parcel# 30-38-25-00004-0000-00004.0A✓ ` j Assessment= $5,845.74! Owner PENDERGAST,LAURA r� i Secondary Owner - _.. -..__ T -- Mailing Address 13645 N INDIAN RIVER DR SEBASTIAN,FL 32958 Le al PLAT OF INLET VIEW SUBDIVISION, LOT4 , ` I PBI 2-64 Site Address 13645 N INDIAN,ELVER UR ` Assessment= Parcel# 30-38-25 ;-00�0�'f10-00006.0 $5,845.74 Owner _ FUNNELL;J�DIA(TR)..._ Secondary Owner .,, J. _- Mailing Address 4685 69TH ST VERIO BEACH,FL 32967 j ,Legal PIAT OF INLET VIEW SUBDIVISION LOT'6,LYING WLY OF US HWY 1 i PBI 2-64 (Site Address 13605 N INDIAN RIVER DR P'.AUI..UesVU IUl F _,i.,.�i „ �ier[ . -, _.n�i,r ,e:'s\. -�,_>.:•, .-�i11'_: -«V":_ .� sel,nd E.io _. tb484 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE iParcel ti !30-38-25-00004-0000-00006.1 Assessment= $5,845.74 :Owner MCELVEEN,STEPHEN A(TR)&KAREN S(TR) Secondary Owner Mailing Address 13600 N INDIAN RIVER DR SEBASTIAN,FL 32958 'Legal PLAT OF INLET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND = BETWEEN U 5 HWY NO 1&IND RIV BOUNDED ON N&S BY EXTENS f ION OF N&S LINES OF LOT 6 TO IND RIV;ALSO BEG AT PT ON E T IND RIV,ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE r. ,SAID BDRY LINE IS A I I INTERSECTED BY N LINE OF LOT 7 THENCE } T RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT;THENCE NE LY ON LINE PARALLEL TO :EXTENDED N LINE OF LOT 7 TO IND RIV; THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE O I F LOT 7;THENCE SWLY O _ EXTENDED LINE OF SAID LOT 7 TO POB;AS IN R BK 171 PP 411&413&R BK 181 PP 395 ALSO PARCEL OF -� LAND AS DESC IN R BK '197 PP 152&LESS FOLL DESC PROP COM A /W #5 OL T E RMST RD A/K/A D US HWY ql&N LINE LOT 6;TH 5 ---- s---..._..__ 32 DEG 56 MIN 30 SEC E jALONG ELY R/W LINE ST RD#5 DIST OF 75. X05 FT TO POB;TH CONT S 32 DEG 56 MIN 30 SEC E 81.85 FT TO ,A 3/4 INCH IRON PIPE, i ITH PROCEED N 59 DEG 24 MIN 30 SEC E 62. 100 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT;'TH N 65 DEG I 155 MIN 30 SEC E 155.00 SFT;TH N 32 DEG 57 MIN 13 SEC W 76.78 F j !T;TH S 65 DEG 22 MIN 39 SEC W 217.26 FTITO POB. ;Site Address 13608&13610 N INDIAN RIVER DR Parcel ti _ 130-38-25-00004-0000-00006.2 i I Assessment= $5,845.74 'Owner 'MCELVEEN,STEPHEN A(LE)&KAREN S(LE) ;Secondary Owner MCELVEEN,STEPHEN A&KAREN S(TR) !Mailing Address 113600 N INDIAN RIVER DR _ SEBASTIAN,FL 32958-3435 Legal PLAT OF INLET VIEW�SUBDIVISION - PBI 2-64 COM AT R ry ST RD#5 A/K/A OLD !US HWY#1&N LINE,;LOT 6;TH 5 32 DEG 56 MIN 30 SEC E ALO I NG ELY RlyVf U,NE - #5 DIST OF 75,.05 FT TO POB;TH CONT S 32 DEG 56 MIN'30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE;TH l IPROCEED.N 59 DEG 24 MI I N 36 SEC E 62.00 FT TO A 41NCH X4 INCH ,CRETE MONUMENT TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; _ - 'TH N32 DEG 57"l 13 SEC W 76.78 FT;TH S 65 DEG 22 MIN 39 S EC W 217.26 FT TO POB. iSite Address 13600&13602 N INDIAN RIVER DR p-'C i. r �n�,:ii6 _ i r -j [.,\0 j �� �.._ r �I:: -_ nd RJ t Irt i 1QJ PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE Parcel# 30-38-25-00004-0000-00007.0 Assessment= $5,845.74' Owner DOUBLE R&D INC, Secondary Owner __-_- Mailing Address C/O CAROL HESS 1335 SHORELINE CIRCLE SEBASTIAN,FL 32958 - - !Legal j PLAT OF INLET VIEW SUBDIVISION " + LOT7 LYING WLYOF US-H-\-A--f-Y-1 - PBI 2-64 !Site Address 13595 N INDIAN RIVER DR ! f: i ' Parcel# 30-38 25-00004-0000-00007.1 � '. $55.784. 4 Assessment � Owner L10LLEY SAMUEL E&RUTH ANN c Secondary Owner Mailing Address 13590 N INDIAN RIVER DR a - SEBASTIAN,FL 32958 PLAT OF INLET VIEW SUBDIVISION ; PBI 264 PAR OF LAND BTW US HWY 1&IND - i RIV ENDED ON N&S BY EXT OF N-S LINE OF LO,7 TO1ND RIV - - - - - - - - !LESS BOONE,ONE -ALSO--PARC—- - ------ -- ' DESC IN OR BK 201 PP 64(OR BK 423 PP 55 't ;Site Address 113590 N INDIAN RIVER DR wrr. 1..QQ.LL Vl nlltic[Al 1 rJ Tl-Engin -i t,t.rtjea e: n t r Je:ti\t OO t c�.m .tli nnoa i 2J io l t.t zL3A9.V oiJa\Na +_ ._,�nthoHer lJ �A _tJ, t'. ] ,iiAIR ?R ..riA�. INDIAN RIVER DRIVE WATER MAIN EXTENSION PRELIMINARY RESOLUTION I: ASSESSMENT ROLL PRELIMINARY RESOLUTION II: SETTING A PUBLIC HEARING DATE HISTORY October 30, 2013: Presentation to Residents at Sebastian City Hall • Presented Cost Options • Detailed Assessment Procedures • Handed out survey forms t � $�O'a•1 April 01, 2014: Request to Speak from Mr. Harlan Franklin and Mr. Alex Jernigan regarding water main extension-N. Indian River Drive to Roseland Road. Board Direction: Directed staff to obtain detailed surveying and engineering work to develop a firm cost for scenarios 1 and 2,so the information can be presented to the property owners, and brought back to the board June 2, 2014: Updated design information communicated to Mr. Jernigan via e-mail. Lower cost per parcel. d�E 1l �I \1 � r 8� R . 2 NOW September 23, 2014: Staff provided an update to the Board eA@mg the project. Noadditional votes received in favor of project sine June email. Board Direction: Bring backaddition information that would complete the engineering portion of the project for the October 07 Board meeting. � �� \ � 7 � ?y October 07, 2014 / Staff outlined the pr]oect status and work to date. m Board Direction: t Directed s! #to secure the Florida Department of Environmental Protection $DEM constriction permit I Schedule a Public Hearing % Nay��r� � � �§ -A.3 January 06, 2015 Objectives Note: FDEP permit has been secured for this proposed project 1. Discussions 2. Resolution I- Preliminary Assessment Roll 3. Resolution II-Set a Public Hearing Date gb !�. 4 P OPOSED WATER ASSESSMENT PROJECT : =``ek' . W K INDIAN RIVER DRIVE $ Legend Proposed Boundary SignedPetition 1368 L�YES NO �p 13670 DID NOT RETURN PETITION SIGNED TEMP. WATERAGREEMENT 13660 c 13665 p a^3650 13610 13655 13630 13645VAMP i 0 13635 13620 �+ 13610 Y 13590 /' 13625 � 13608 13615 o 13602 Jb ,, 136003 13580 13605 13590 d 13595 13580 ry b� b� ® 13580 o 13570 `,4 0 13550 X 13570 135700 " +13570 v t�SKPQ 135700 f. 0 13570\ ySources:IP 't-1ERE,DeLorme,TomkTom,intermap,increment P\Corp.,GEBCO, s.^ f USGS,FAO�19PS,NRCAN,G'eri(3�ase.,IGN, aster NL,Ordnance Survey,Esri t Japan,METP,16Sri,Ghina(kiong iCBF.rswisst'opo,Map�myindia, "i'` 13580 OpenStreetMap contPibutogs,adH the GIS User Community N PROPOSED WATER ASSESSMENT PROJECT 4 W E G '�DIAN RIVER DRIVE a.k.a RIVERSIDE DRIVE S h.nH4v"..<s 7675 13750 IZ 13692 13690 SCENARIO 2: Number of Parcels = 17 t. "Yes" Votes = 11 "No" Votes = 6 �L Project Cost = $99,377.58 <1 � Cost per Parcel = $5,845.75 13680 °o 13670 NORTH OF RED BOUNDARY: Number of Parcels = 7 ? 13660 RED BOUNDARY: Cost per Parcel = $6,128.07 13665 m�� Number of Parcels = 10 13625 13620 13650 "Yes" Votes = 8 } "No" Votes = 2 ;'- 13610 Project Cost = $56,481.12 13655 y_ 7785 ". ' o Cost per Parcel = $5,648.12 �0 136 13645 , 13608 13635 13620 �� 13590 13625 13610 O 13615 13608 13602 n� 13600 13580 , 13605 \ 13590 n_ 13595 C. 13580 13580 [hT'` 13550 13570' 7705 a rement P�Cor . GEBCO, Sources:Esn?HERE, DeLorgrre�TomTom,Intermap`inc, p, USGS PFAOS• CAN;3Geo Base, IGN3;K�a�aster NL,Ordnance Survey,Esri Dash..METI,Esri China(Hong long),swiss oa0,�Mapm`yIndia,O OpenStreetMap contributors)-nd The GIS Uun sed?�omrn MAI .11 1A, :: C YE$ Vote Scenario No. 1 T , k•e w ?Y Port ¢ r bcena 14 YA / No rt t s.ye � �� ti�•� �r.v ��1. �` �� �ylf''.'� e�.� _�t�r,y ZU� �5:"'. c7 y ,�� m� w � f, �fiz 7 't �I ��♦ ��' s`r'�'.. 1 ♦� r� �.1. r�:.t �i 4'�,�'�E .r�'�, tif'w + isyp. � •. a / yk:-c �+W.�` y .� � k �+.Y E + �••F»t�rt4 4r:c7 t��}, • � �� a§�.� k � el 4m+ � �k'�� ".+�, _ .�� '� �'c.++"� t�'�� yt� � �. �, # tp `� � "IM zy + t}SG �5ti r S. �� e�i.d , Ar PI Attorney's Matters 1/6/2015 f -" INDIAN RIVER COUNTY ATTORNEY !� ORII��" Dylan Reingold, Counry Attorney William h.DeBraal,Depu„-County-Attorney MEMORANDUM Bate Pingolt Cotner,Assistant Count-Attorney TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney THROUGH: 9*0- Keith McCully, Stormwater Engineer DATE: December 29, 2014 SUBJECT: Settlement with the Guarantee Company of North America USA on behalf of H&D Construction Co., Inc. In December 2008 the County and H&D Construction Co. Inc. (H&D) entered into a contract for construction of the water treatment project now known as Egret Marsh Stormwater Management Facility (Egret Marsh). The original amount contract was $5,389,972.10. As required by the contract, H&D supplied a public construction bond issued by the Guarantee Company of North America USA (North America) for that amount. The bond became part of the contract documents. As the work progressed more and more subcontractors of H&D began complaining about partial payments or no payments at all. County staff met with H&D to discuss their financial situation however the non-payments grew worse. After several weeks of inactivity at the construction site the County received notice that H&D would no longer be able to abide by the terms of the contract. The County immediately contacted North America who stepped in to finish the project to completion. At the time of the default, the County had made payments to H&D in the amount of $4,613,954.43. Upon taking over for H&D, North American paid out $454,611.08 to unpaid subcontractors and to finish the remainder of the work. During the course of the project, there were deductive change orders in the amount of $177,441.89 together with work performed and paid for by the County outside of the contract in the Approved for January 6, 2015 BCC Meeting Indian River Co. A Attorney's Matters pp�ed Date Admin. - 1,13r 11 Co.Atty. Budget De artment / COUNTY ATTORNEY rRisk Management 187 MEMORANDUM — Guarantee Company December 29, 2014 Page 2 amount of $283,817.34. The County also performed work utilizing County staff and equipment allowing for a credit of $52,082.14. After all change orders, credits, and work paid for by the County outside of the contract there remains an amount due and owing of $262,676.30. But for their default on the contract, this amount would have been paid to H&D. However, since North American stepped in as surety they lawfully claim the unpaid balance of the contract. As you can see in the settlement agreement, that is approximately $192,000 less than they have paid out on the claim. A breakdown of the financial information is included on the settlement agreement attached. Funding: Funds in the amount of $242,839.71 are being held in retainage, Account # 315-202000-05057, the balance of $19,836.59 will be paid from the project, Optional Sales Tax/WIP-Egret Marsh-Account#31524338-066510-05057. Recommendation: Staff recommends the Board approve the settlement agreement between North American and the County for completion of Egret Marsh Stormwater Management Facility and authorize the Chairman to execute the settlement agreement. Payment in the amount of $262,676.30 will be made to Guarantee Company of North "�— America USA in full and final settlement of all claims arising from the County claim on the bond. c: Keith McCully, Stormwater Engineer 188 SETTLEMENT AGREEMENT Principal: H&D Construction Co., Inc. Surety: The Guarantee Company of North America USA Obligee: Indian River Board of County Commissioners Project: Egret Marsh Stormwater Management Facility Bond No: 80052711 This Settlement Agreement (the "Agreement") is made this 'day of December, 2014, between the Indian River Board of County Commissioners (the "County"), and The Guarantee Company of North America USA ("GCNA").") (the County and GCNA shall collectively be referred to as the "Parties"). WHEREAS, on or about December 9, 2008, the County and H&D entered into a written agreement (the "Contract") for the construction of the project commonly known as the "Egret Marsh Stormwater Management Facility" (the"Project"); and WHEREAS, in connection with the Contract, GCNA, as surety, issued a Performance Bond bearing bond number 80052711 (the "Bond") on behalf of H&D, as principal, and in favor of the County,as obligee; and WHEREAS, disputes have arisen between H&D and the County during the course of construction, resulting in the County's issuance of communications to H&D, purporting to declare a default against H&D under the Contract, indicating the County's intent to complete the work required under the Contract, and making claim against GCNA under the Bond; and WHEREAS, the County did, in fact, proceed to complete the work required of H&D under the Contract; and WHEREAS, GCNA has received claims against the Bond issued on the Project by various subcontractors, materialmen and suppliers of H&D alleging non-payment for goods and/or services provided on the Project, such claims exceeding the available contract balances due and owing from the County to H&D; and WHEREAS, as surety, GCNA's rights of equitable subrogation and contractual assignment entitle GCNA to recover and utilize the available contract balances due and owing on the Contract to mitigate its damages under the Bond; and WHEREAS, the County has asserted claims against the available contract balances associated with the costs incurred by the County to complete the work required of H&D under the Contract; and WHEREAS, the Parties wish to resolve their competing claims to the available contract balances without need for litigation. r 189 Settlement Agreement Page 2 NOW THEREFORE, in consideration of the promises, and other good and valuable consideration,and the mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals. The recitals are part of this Agreement as if fully set forth herein. 2. Contract Accounting. The original Contract was in the amount of Five Million Three Hundred Eighty-Nine Thousand Nine Hundred Seventy-Two and10/100 Dollars ($5,389,972.10), less approved deductive change orders in the amount of One Hundred Seventy- Seven Thousand Four Hundred Forty-One and 89/100 Dollars ($177,441.89). As part of this settlement, the Parties have agreed upon a deductive credit for the costs to be incurred by the County to complete the landscaping scope required under the Contract in the amount of Two Hundred Eighty-Three Thousand Eight Hundred Seventeen and 24/100 Dollars ($283,817.84). ' Additionally, and as part of this settlement, the Parties have agreed upon a deductive crediflfor work required under the Contract to be self-performed by the County in the amount of Fifty-Two Thousand Eighty-Two and 14/100 Dollars ($52,082.14). To date, the County has made payments to H&D under the Contract in the amount of Four Million Six Hundred Thirteen Thousand Nine Hundred Fifty-Four and 43/100 Dollars ($4,613,954.43), thereby resulting in a final Contract balance due and owing in the amount of Two Hundred Sixty-Two Thousand Six Hundred Seventy-Six and 5/100 Dollars ($262,676.0). h {, 3. GCNA's Claims Under the Bond. GCNA has received various claims by subcontractors, suppliers and/or laborers of H&D for goods and/or services already provided on the Project, such claims exceeding the amount due hereunder from the County. Additionally, to date, GCNA has made payments to such claimants in the total amount of Four Hundred Fifty- Four Thousand Six Hundred Eleven and 08/100 Dollars ($454,611.08): Claimant Claim Date Claim Amount Paid Amount Cornerstone Building Systems 4/28/10 16,095.00 16,095.00 Curry Controls Company 3/8/10 18,833.99 18,833.99 Flow-Rite Plumbing Inc. 6/15/10 6,935.32 6,935.32 Gene's Striping 5/7/10 625.00 625.00 Geosyntec Consultants 5/12/10 2,292.79 2,292.79 HydroMentia 4/30/10 35,025.00 35,025.00 HydroMentia 6/18/10 57,525.00 57,525.00 J. E. Hill Contractors, Inc. 3/2/10 64,117.26 64,117.26 Murray Logan Construction, 7/13/10 3,800.00 3,800.00 Inc. National Lining Systems, Inc. 5/5/10 39,232.50 39,232.50 Paragon Electric of Vero, Inc. 3/19/10 58,783.78 58,783.78 190 Settlement Agreement Page 3 Claimant Claim Date Claim Amount Paid Amount Reel Fence, Inc. 4/15/10 29,264.81 29,264.81 Rivello Construction Co., Inc. 4/28/10 83,226.15 83,226.15 US Foundry& Manufacturing 2/24/10 38,854.48 38,854.48 Corp. TOTAL $ 454,611.08 $454,611.08 4. The County's Payment to GCNA. Within ten (10) days of the final approval and execution of this Agreement, the County shall pay to GCNA the sum Two Hundred Sixty- Two Thousand Six Hundred Seventy-Six and/0/100 Dollars ($262,676.&.���Thhese funds shall be available to GCNA to reimburse it for any claims paid to date to su�ico"ii aiacfors, suppliers and/or laborers of H&D, to satisfy any existing and/or potential future claims by subcontractors, suppliers and/or laborers of H&D, and/or for any and all such additional purposes as may be reasonable and necessary, in the sole and exclusive discretion of GCNA, as a result of GCNA's having issued the various payment and performance bonds to H&D. 5. Final Acceptance of the Contract and Full and Final Release. Execution of this Settlement constitutes full and final completion and acceptance of the work under the Contract. Moreover, upon execution of this Agreement, the County, on the one hand, and GCNA and H&D, on the other, do hereby expressly RELEASE, ACQUIT and FOREVER DISCHARGE each other of and from any and all claims, rights, demands and/or causes of action of whatsoever kind or nature which either party has or may ever claim to have, now or in the future, against the other Party under and/or by reason of the Contract and/or Bond, and the County specifically acknowledges the discharge of the Bond, which shall be of no further force and/or effect. 6. Reservation of Rights as Between GCNA and H&D. This Agreement shall in no way alter, affect, impair or prejudice any rights, claims, causes of action or defenses between GCNA and H&D (or its individual indemnitors) relating to the Contract, Bond, or any other agreements between such parties, regardless of whether such claims arise under contract, statute 71 D iefeby .onffi.•mn as n tinny�o (•:('NO under anv anrj or at common law. �=�rc�7-=y��m=�-==�uts�ding-ehli-ga all agr-eements-of-indemmn-it3 -and-aek--ne GGNA—hffmlcsff-eiorney-fes' , s9st_and/o -oPotential paym�_,nt re ated- 7. No Admission of Liability. This Agreement does not constitute an admission of liability on the part of any of the Parties. 8. Binding Agreement. This Agreement shall only extend to and be binding upon the Parties hereto and their respective successors and assigns. Nothing contained in this Agreement shall create any third party beneficiaries to other claimants under the Bond, nor 191 Settlement Agreement Page 4 confer any benefit or enforceable rights under this Agreement other than to the Parties hereto and their respective successors, assigns, and reinsurers. 9. No Modification Except as in Writing. This Agreement may not be modified unless in writing and executed by the Parties hereto. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the Party against whom it is sought to be enforced. 10. Interpretation of Agreement. The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the Parties, but, if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be carried out with the same force and effect as if the severed portion had not been a part of this Agreement. 11. Incorporation of All Prior Negotiations. This Agreement incorporates, includes, and supersedes all prior negotiations, correspondence, conversations, agreements or 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 Agreement. Accordingly, the Parties agree that no deviations from the terms hereof shall be predicated upon any prior representations or agreements, whether oral ... or written. 12. Acknowledgment of Release of Rights. The Parties acknowledge and agree that they are releasing certain rights and assuming certain duties and obligations which, but for this Agreement, would not have been released or assumed. Accordingly, the Parties agree that this Agreement is fair and reasonable, that each of them has had an opportunity to consult with and have in fact consulted with such experts of their choice as they may have desired, and that they have had the opportunity to discuss and have in fact discussed this matter with counsel of their choice. 13. Failure to Execute. Pursuant to the terms and conditions of the Indemnity Agreement entered into between GCNA and H&D in connection with the issuance of the various payment and performance bonds, H&D assigned to GCNA, and provided GCNA with a continuing security interest in, any and all contract balances due and owing on any bonded projects, including the contract proceeds due on the instant Project. Correspondingly, H&D authorized GCNA to execute, on behalf of H&D, any agreements deemed necessary or desirable by GCNA to provide absolute title to such assigned funds. As such, the County hereby acknowledges and agrees that, to the extent that H&D fails to timely execute this Agreement, the County will accept GCNA's execution of the Agreement as attorney-in-fact on behalf of H&D. 14. Advice of Counsel. The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting 192 Settlement Agreement Page 5 document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 15. Obligations of Further Execution. The Parties agree to execute all such further instruments, and to take all such further actions as may be reasonably required by any Party to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. 16. Survival of Warranties and Representations. All covenants, warranties and representations contained in this Agreement, and all documents to be delivered by the Parties in connection with the consummation of the transaction contemplated herein, shall survive the consummation of said transaction. 17. Event of Enforcement. In the event that it is necessary for any of the Parties to seek enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and construed in accordance with, and governed by the laws of the State of Florida, and such proceedings shall occur in a court of competent jurisdiction servicing Indian River County, Florida. 18. Notices. Any notices or other formal communications made under this Agreement shall be deemed to have been duly given if sent via United States Mail to the following: To GCNA: With a copy to: Mr,ff Jubera Edward Etcheverry,Esq. The Guarantee Company of Etcheverry Harrison LLP North America USA 150 S. Pine Island Road, Suite 105 25800 Northwestern Hwy, Suite 720 Fort Lauderdale, Florida 33324 Southfield,Michigan 48075 Fax: (954) 370-1682 To the County: William DeBraal, Esquire Office of the County Attorney 1801 27th Street Vero Beach,Florida 32960 or at such other address as each of the foregoing may designate in writing by registered or certified mail to the other. 19. Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which,when executed and delivered, shall be deemed to be an original, but such counterparts shall together constitute one and the same instrument. 193 Settlement Agreement Page 6 IN WITNESS WHEREOF,the Parties hereto have affixed their hands and seals to this Agreement the day and year first set forth above, and the individuals who execute this Agreement personally represent and warrant that they have full authority to execute this Agreement on behalf of the respective Parties. ATTEST: INDIAN RIVER BOARD OF Jeffrey R. Smith COUNTY COMMISSIONERS Clerk of Court and Comptroller By: By: Wesley S. Davis, Chairman Deputy Clerk Date BCC Approved: Approved: Approved as to form killiam fficiency a Jose A. Baird eBraal County Administrator Deputy County Attorney 194 Settlement Agreement Page 7 THE GUARANTEE COMPANY OF NORTH AMERICA USA /r y- �h r, fol/F,- �✓c Title: Date: 12 i; 7 STATE OF MICHIGAN COUNTY OF Oakland On this 17th day of December, 2014, before me personally appeared Christopher Woolf , as Claims Examiner for The Guarantee Company of North America USA, who [4 is personally known to me or has [ ] produced as identification and who being by me duly sworn did depose and state that he/she is authorized to act on behalf of the company, named in the foregoing Settlement Agreement, that he/she executed the foregoing instrument on behalf of the company with full authority to do so, and that he/she executed the foregoing instrument on behalf of the company for the uses and purposes set forth therein. Nota PAlic SEAL Cynthia A.Takal Notary Public,State of Michigan County of Oakland My Commission Expires Febmary 27,2018 Acting in Oakland County LAClients\157-GCNA\1009-Stormwater Management Facffities-Egret Marsh\Egret Marsh Settlement Agreement-FinAwpd 195 ATTORNEY'S MATTERS: 1/6/15 lv Office Of z INDIAN RIVER COUNTY ATTORNEY 1p Dylan Reingold,County Attorney William K.DeBraal,Deputy Count),Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: ichael Nixon—Roadway Production Manager, Engineering Divisio FROM: William K. DeBraal—Deputy County Attorney DATE: December 29, 2014 SUBJECT: Restrictive Covenant on Disney Cattle Dip Property—State Road 510 In February, 2008 the County purchased a 1.67-acre parcel of property from Walt Disney World Hospitality and Recreation Corporation. The property is located just west of the intersection of A-1-A and State Road 510. The purchase price of the property was$275,000. The drastic reduction in the price was due to the fact that the property was the site of a cattle dip which was used years ago for the treatment of cattle tick fever. State law required cattle ranchers in the 1930s and 1940s to treat against cattle tick fever. The most common method of treatment would be to dig a sloping trench that could be filled with water and arsenic. The cattle would then be run through the mixture so as to be treated as required by law. Needless to say, repeated use of a cattle dip led to soil and ground water contamination. The Florida Department of Environmental Protection (DEP) is the regulating agency for remediation of former cattle dip sites. Over the past several years, the County and its consultant, Geosyntec, have worked with DEP to identify the extent of soil and ground water contamination of the site. Test wells and soil samples have defined the area sufficiently where DEP is willing to enter into a restrictive covenant package with the County to provide for restrictions on the use of the property. The RM-6 zoned parcel (single-family residential, up to 6 units per acre)will be restricted from use of the ground water on the property. Use of the ground water under the property or drilling for wells is prohibited. Additionally, any dewatering activities on the property must be approved by DEP. Lastly, DEP is granted a right of entry upon the property at reasonable times with reasonable notice for the purpose of monitoring the property. These restrictions will run with the land and must be disclosed to any future purchasers. Should the County choose to decline to enter into the restrictive covenant, DEP will most 1 � .� `•-' - 196 likely initiate administrative action against the County, seeking to encumber the land with the above- described restrictions, together with a possible civil penalty and administrative costs. Staff has reviewed the restrictions and found them to be reasonable in scope and detail. FUNDING: Funding in this matter would be for recording fees of the 6-page restrictive covenant of approximately$52.50 coming from Impact Fees/Parks&Recreation/Al l-Land-Wabasso Parking Expansion. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Declaration of Restrictive Covenant and authorize the Chairman to execute the document on behalf of the Board. By entering into the Restrictive Covenant,the current monitoring requirements of DEP will be completed. WKD/nhm cc: Toni Sturtevant—DEP Joseph K. Bartlett III, E.I.—Senior Staff Engineer, Geosyntec James J. Langenbach, P.E., BCEE—Principal, Geosyntec 2 197 This instrument prepared by: Geosyntec Consultants,on behalf of: Indian River County Board of County Commissioners 180127 th St. Vero Beach,Florida 32960-3388 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter "Declaration") is made this day of , 20_, by Indian River County (hereinafter "GRANTOR") and the Florida Department of Environmental Protection(hereinafter"FDEP"). RECITALS A. GRANTOR is the fee simple owner of that certain real property situated in the County of Indian River, State of Florida, more particularly described in Exhibit A, attached hereto and made a part hereof(hereinafter the"Property"). B. The FDEP Facility Identification Number for the Property is WCU Site ID: COM _289528. The facility name at the time of this Declaration is the Indian River County Cattle Dip Vat (Former) located at 9255 93`d St. on County Road 510, Vero Beach, Florida This Declaration addresses the discharge that was reported to the FDEP on the 26th day of February,2007. C. 26 February 2007 Preliminary Site Assessment—the presence of arsenic in vadose zone soils and in groundwater on the Property is documented in FDEP files in the following reports that are incorporated by reference: 1. Preliminary Site Assessment Report dated the 26st day of February, 2007,prepared by Geosyntec Consultants; Page 1 of 6 198 2. Interim Source Removal Report dated the 17th day of December, 2008, prepared by Geosyntec Consultants; 3. Site Assessment Report Addendum dated the 25th day of August, 2010, prepared by Geosyntec Consultants; 4. Site Assessment Report Addendum No. 2 dated the 30th day of August, 2012, prepared by Geosyntec Consultants; and 5. Site Assessment Status Report dated the 2nd day of December, 2013, prepared by Geosyntec Consultants. D. The reports noted in Recital C above set forth the nature and extent of the contamination that was found on the Property. These reports confirm that contaminated groundwater exists on the Property, as defined by Chapter 62-780, Florida Administrative Code (F.A.C.). Also, these reports document that the groundwater contamination did not extend beyond the Property boundary, and that the extent of the groundwater contamination did not exceed 1/4 acre and the groundwater contamination was not migrating. E. It is the intent that the restrictions in this Declaration reduce or eliminate the risk of exposure of users or occupants of the Property and the environment to the contaminants and to reduce or eliminate the threat of migration of the contaminants. F. The FDEP has agreed to issue a Site Rehabilitation Completion Order with Conditions (hereinafter "Order") upon recordation of this Declaration. The Order relating to FDEP Facility No. COM .r.. 289528 can be found by contacting the FDEP Southeast District Office. NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned parties,GRANTOR agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. GRANTOR hereby imposes the following restrictions and requirements: a. There shall be no use of the groundwater under the Property. There shall be no drilling for water conducted on the Property, nor shall any wells be installed on the Property, other than monitoring wells pre-approved in writing by FDEP's Division of Waste Management (DWM), in addition to any authorizations required by the Division of Water Resource Management (DWRM) and the Water Management Districts. For any dewatering activities on the Property,a plan approved by FDEP's DWM must be in place to address and ensure the appropriate handling, treatment and disposal of any extracted groundwater that may be contaminated. 3. In the remaining paragraphs, all references to "GRANTOR" and "FDEP" shall also mean and refer to their respective successors and assigns. Page 2 of 6 199 4. For the purpose of monitoring the restrictions contained herein,FDEP is hereby granted a right of entry upon and access to the Property at reasonable times and with reasonable notice to the GRANTOR. 5. It is the intention of GRANTOR that this Declaration shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and inure to the benefit of GRANTOR and FDEP, and to any and all parties hereafter having any right, title or interest in the Property or any part thereof. The FDEP may enforce the terms and conditions of this Declaration by injunctive relief and other appropriate available legal remedies. Any forbearance on behalf of the FDEP to exercise its right in the event of the failure of the GRANTOR to comply with the provisions of this Declaration shall not be deemed or construed to be a waiver of the FDEP's rights hereunder. This Declaration shall continue in perpetuity, unless otherwise modified in writing by GRANTOR and the FDEP. 6. In order to ensure the perpetual nature of this Declaration, GRANTOR shall reference these restrictions in any subsequent lease or deed of conveyance, including the recording book and page of record of this Declaration. Furthermore, prior to the entry into a landlord-tenant relationship with respect to the Property,the GRANTOR agrees to notify in writing all proposed tenants of the Property of the existence and contents of this Declaration of Restrictive Covenant. 7. This Declaration is binding until a release of covenant is executed by the FDEP Secretary (or designee) and is recorded in the public records of the county in which the land is located. This Declaration may be modified in writing only. Any subsequent amendment must be executed by both GRANTOR and the FDEP and be recorded by the real property owner as an amendment hereto. 8. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the Declaration. All such other provisions shall continue unimpaired in full force and effect. 9. GRANTOR covenants and represents that on the date of execution of this Declaration that GRANTOR is seized of the Property in fee simple and has good right to create, establish, and impose this restrictive covenant on the use of the Property. GRANTOR also covenants and warrants that the Property is free and clear of any and all liens, mortgages, or encumbrances that could impair GRANTOR'S rights to impose the restrictive covenant described in this Declaration or that is superior to the restrictive covenant described in this Declaration. Page 3 of 6 200 Now IN WITNESS WHEREOF, Indian River County has executed this instrument, this day of ,20 Indian River County Board of County Commissioners By: Wesley S. Davis, Chairman ATTEST: Jeffery R. Smith, Clerk of Court and Comptroller By: Date approved: Deputy Clerk J sep A. Baird, County Administrator Approved as to for nd le suf ie William K. DeBraal, Deputy County Attorney Page 4 of 6 201 Approved as to form by the Florida Department of Environmental Protection,Office of General Counsel. IN WITNESS WHEREOF,the Florida Department of Environmental Protection has executed this instrument,this day of ,20_. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Name: Title: William A. Rueckert,P.G. Environmental Manager, Southeast District 400 N.Congress Avenue, 3`d Floor West Palm Beach,Florida 33401-2319 Signed, sealed and delivered in the presence o£ Witness: Date: Print Name: Witness: Date: Print Name: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by as representative for the Florida Department of Environmental Protection. Personally Known OR Produced Identification Type of Identification Produced Signature of Notary Public Print Name of Notary Public Commission No. A. Commission Expires: Page 5 of 6 202 EXHIBIT"A"to Declaration of Restrictive Covenant ALL THAT CERTAIN PIECE PARCEL OR TRACT OF LAND SITUATE, LYING AN D BEING 1N GOVERNMENT LOT 2, SECTION 26,TOWNSHIP 31 SOUTH,RANGE 39 EAST,OF TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY,FLORIDA. ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO WIT: COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 2 AS SHOWN ON THE PLAT OF FLORIDA BEACH RESORT PLANNED DEVELOPMENT,AS RECORDED IN PLAT BOOK 14, PAGE 30, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ,BEARING SOUTH 00'11'42"EAST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'58'57"EAST, A DISTANCE OF 421.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE,BEARING SOUTH 89'58'57"EAST,ALONG THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 510, A DISTANCE OF 330.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'00'48" WEST, A DISTANCE OF 220.14 FEET TO A POINT; ... THENCE, BEARING NORTH 89'58'57" WEST, A DISTANCE OF 330.00 FEET TO A POINT; THENCE, BEARING NORTH 00'00'48"EAST, A DISTANCE OF 220.14 FEET TO THE POINT OF BEGINNING. All as shown and depicted on that certain ALTA/ACSM Land Title Survey entitled"Gordon S.Nutt Parcel",dated June 15,2005 (Job No.047476000),prepared by Kimberly-Horn and Associates,Inc., Vero Beach,Florida,under the seal and certification of E.C.Demeter,Florida Board of Professional land Surveyors No. 5179. Page 6 of 6 203 County Attorney's Matters-B.C.C. 1.6.15 Ofc of z INDIAN RIVER COUNTY .. ATTORNEY Dylan Reingold,Count}'Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 30, 2014 SUBJECT: City of Vero Beach-Indian River Shores-Indian River County Mediation Update BACKGROUND. On December 17, 2014, representatives from Indian River County (the "County"), the Town of Indian River Shores (the "Town") and the City of Vero Beach (the "City") attended a mediation under the Florida Governmental Conflict Resolution process as set forth in Chapter 164 of the Florida Statutes. At the end of the mediation, the representatives agreed to present to the governing bodies of each of the primary conflicting governmental entities a stipulation containing the following terms: 1) The Town will abate its lawsuit until March 3, 2015; 2) The City will continue all of its ongoing efforts to reduce rates; 3) The City will allow the Town and County to begin evaluating appropriate means to provide electric service, including starting an RFP process for seeking a successor electric franchisee; 4) The County and Town will have the opportunity to participate in negotiations and discussions with OUC, FMPA and the various bondholders; and 5) The County will proceed forward at the Florida Public Service Commission ("PSC") with its Petition for Declaratory Statement("Petition"). Please note that the stipulation has no effect on the County's Petition, which is scheduled to be heard on February 3 by the PSC. That evening, the City Council agreed in principle to accept the stipulation. The City Council also voted to file its own petition for declaratory statement with the PSC, which it anticipates being heard at the March 3, 2015 PSC Agenda Conference. The City filed its petition with the PSC on December 19, 2014. On December 18, 2014, the Town Council agreed in principle to accept the stipulation. Indian River Co. Ap&rVed Date Approved for January 6, 2015 BCC Meeting Admin. County Attorney's Matters Co.Atty. 1 �l Budget �jIJ Department -- Risk Management --- COUNTY ATTORNEY F-'Jt o e^.U.da GE.VFR.4L B CC.4genda dfemos Ek—ic Criliry lfed-t—C pd—doc 204 Board of County Commissioners December 30, 2014 Page Two Counsel for the City anticipates that on December 30, 2014, the City will be providing both the Town and the County waivers of tortious interference so that the Town and County can proceed forward with contacting entities concerning the provision of future electric utility services. RECOMMENDATION. The County Attorney recommends that the Board of County Commissioners (the "Board") accept the stipulation in principle and authorize the Chair to sign the finalized stipulation. The County Attorney also recommends that the Board authorize staff and the County Attorney's Office to prepare an RFP or other appropriate procurement documents for the provision of electric utility service once the current franchise agreement with the City terminates in 2017. F:A--,y Lid.!GE%ER4LBC C.4g—d.Af, d:ElrcrricUriliry.Lfrdario.,Upd.,,d- 205 INTERIM MEDIATION AGREEMENT THIS AGREEMENT is made this day of January, 2015 by and between the Town of Indian River Shores(the"Town"), Indian River County (the "County"), and the City of Vero Beach(the "City", and collectively,the"Parties"). WHEREAS,the respective representatives of the Town,the County, and the City participated on December 17,2014. in a mediation session(the"Mediation")pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes; and, WHEREAS,the respective Mediation representatives for the Town,the County, and the City agreed to recommend to their respective governing bodies to approve certain terms discussed at the Mediation which would involve an agreement by the Town to continue to abate the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in the Nineteenth Judicial Circuit in and for Indian River County(the"Lawsuit"), so that the Parties can further evaluate and explore options to resolve the conflicts between them. NOW, THEREFORE,the Parties, in consideration of the mutual benefits contained herein, agree as follows: 1. The Town will continue to abate the Town's lawsuit until Monday, March 2, 2015. 2. Without waiving its position that neither the Town nor the County may take any action, either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service in its service territory approved by orders of the Florida Public Service Commission,the City will not object to either the Town or the County conducting, as contingency planning for the possibility that they might prevail in the Lawsuit or related litigation, evaluations of alternatives for the Town or the County to provide for, or to arrange for the provision of,electric service to their respective citizens upon expiration of their respective electric utility franchise agreements with the City. In this regard,the City will not object to the Town or the County issuing requests for proposals to, or otherwise communicating with,other potential electric utility providers, including but not limited to Florida Power&Light Company("FPL"),with respect to any such alternatives. 3. On or before January 8, 2015,the City, Town and County will enter a separate agreement with FPL, if FPL consents, acknowledging that the Town's and the County's discussions with such potential providers would not be treated as a breach of,or interference with,the existing contract that the City has with FPL to sell the City's electric utility to FPL or any other agreement between the City and FPL. 4. The City will continue to diligently explore options to lower electric rates, which activities and options include, but are not limited to, the following: a. Working with FPL,the Orlando Utilities Commission("OUC"),the Florida Municipal Power Agency("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to FPL. In this regard,the City will ask FPL, OUC,FMPA,the bond trustees, and if needed others to consent to allowing .. representatives of the Town and the County to attend such discussions; b. Negotiating with OUC and FMPA toward reducing the City's costs under its long-term power supply arrangements with those utilities. In this regard,the City will ask OUC and FMPA to consent to allowing representatives of the Town and the County to attend such discussions; c. Completing the Rate Study, which includes a cost-of-service study and evaluations of other financial and rate measures, with Public Resources Management Group, Inc.; d. Conducting and completing the anticipated study of the Vero Beach Electric Utility system with respect to efficiency, optimization, and potential cost-saving measures,which study is expected to begin in January 2015 and expected to be completed in the summer of 2015; and e. Continuing the City's efforts to identify and implement additional cost control and cost reduction measures to bring lower electric rates to its customers. 5. The City will continue to pursue conducting a referendum on the creation of an independent utility authority, and will agree to work in good faith with the Town and the County to reach agreement on the details of that authority, including its powers, structure, and composition. 6. No later than February 18,2015,the City will provide the Town, the County and the mediator with a report on the status of efforts to lower rates (including but not limited to the status of its efforts to sell its electric utility system to FPL)and to create an independent utility authority. This report will be provided by the City. 7. This Agreement shall not preclude the County from moving forward with its petition for declaratory statement in Docket No. 140142-EM, which is currently scheduled to be considered by the Florida Public Service Commission on February 3, 2015. 8. Unless the Town and the City agree otherwise to continue abatement of the lawsuit, and following declaration of impasse by the Mediator with respect to the Town and the City,the Town will file an unopposed motion to lift the abatement of the lawsuit no earlier than March 2, 2015. [Signatures on following page] 2 a�s• ,4-a . On behalf of the Town: Signature: Name: Date: On behalf of the County: Signature: Name: Date: On behalf of the City: Signature: .. Name: Date: 3 cl os 3. January , 2015 Dylan Reingold, Esquire County Attorney Indian River County County Attorney's Office 1801 27h Street Vero Beach, Florida 32960-3365 Chester Clem, Esquire Town Attorney Town of Indian River Shores 6001 North A-1-A Indian River Shores, Florida 32963 D. Bruce May, Jr., Esquire Holland & Knight 315 South Calhoun Street, Suite 600 Tallahassee, Florida 32301 R. Wade Litchfield, Esquire General Counsel Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408-0420 Re: Waivers and Consents By the City of Vero Beach and Florida Power & Light Company Gentlemen: I write to you today in connection with the ongoing mediation process relative to the complaint of the Town of Indian River Shores ("Town") against the City of Vero Beach ("City"), Case No. 312014 CA 000748, pending but presently in abeyance in the Circuit Court in and for Indian River County, Florida. In summary, and as set forth more fully and subject to the express qualifications stated below, the City will not assert any claim of tortious interference or breach of contract in connection with, or as a result of, (a) evaluations of future electric power supply alternatives by either the Town or Indian River County ("County"), or (b) discussions that the Town or the County may have with Florida Power & Light Company ("FPL") or any other potential supplier of electricity 1 aos. A.`I 4 regarding the possible future supply of electric service to customers in the County or the Town. Backeround As the City and the recipients of this letter know, the City is a party to certain agreements between the City and FPL, including the Asset Purchase and Sale Agreement by which the City has contracted to sell its electric utility system to FPL and a number of other agreements related to the proposed City-FPL utility system sale transactions. On July 18, 2014, the Town filed its Complaint against the City, initiating Case No. 312014 CA 000748. Because the complaint is by one Florida governmental entity against another, the mandatory processes of the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, were invoked, and the parties have accordingly been engaged in those processes since then. On July 21, 2014, Indian River County filed a petition for declaratory statement with the Florida Public Service Commission ("PSC"), in which the County raised several issues similar to those raised by the Town in its suit. The County's petition was assigned Docket No. 140142-EM by the PSC; action on the County's petition is pending. Most recently, the parties, including the County pursuant to its notice of participation in the Chapter 164 dispute resolution processes, participated in a mediation Naw session on December 17, 2014, facilitated by mediator Carlos Alvarez, Esquire. Among other things, at that mediation session, the parties agreed that the Town would continue its lawsuit in abeyance until March 2, 2015, and the City agreed (without waiving any of its positions in the litigation) that it would waive any claims of tortious interference, breach of contract, or similar claims that might arise from either the Town or the County (a) conducting evaluations of future electric power supply alternatives or (b) engaging in discussions with FPL or other potential electricity suppliers regarding the possible future supply of electricity to customers located in unincorporated Indian River County or in the Town but who are currently provided retail electric service by the City. Consent and Waiver Without waiving its position that neither the Town nor the County may take any action, either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service within its service territory approved by orders of the Florida Public Service Commission, the City agrees that it will not object to either the Town or the County conducting, as contingency planning by the Town and County for the possibility that they might prevail in the litigation, evaluations of alternatives for the Town or the County to provide for, or to arrange for the provision of, electric service to their respective citizens upon expiration of � 2 s their respective electric utility franchise agreements with the City. Additionally, the City �- will not object to the Town or the County communicating with other potential electric utility providers, including but not limited to Florida Power & Light Company ("FPL"), with respect to any such alternatives. The potential objections thus waived include potential claims of tortious interference with contract or business advantage, breach of contract, or any similar claims. The potential objections thus waived apply and relate only to (a) the Town's and County's evaluations of power supply alternatives and (b) communications between the Town and the County, on the one hand, and potential electricity suppliers, on the other hand, in connection with the prospects for such suppliers to provide power to customers located in the Town or the County unincorporated area, respectively, and these waivers apply only to such evaluations and communications that are conducted during the period from December 17, 2014 through and including March 2, 2015. The only waivers given are those expressly stated in this paragraph and all claims and defenses of the City are otherwise reserved. The City also requests that FPL agree that the City's consents and waivers set forth above do not give rise to any claim by FPL against the City, and that FPL otherwise waives any such potential claim, whether arising from contracts between the City and FPL or otherwise. Further, the City requests that FPL, by its signature below, agree that any communications between December 17, 2014 and March 2, 2015, between the Town .. and the County, on the one hand, and any other potential electricity suppliers, on the other hand, do not give rise to any claims against any party hereto. I respectfully ask that each of you confirm your respective governmental entity's or company's understanding and acknowledgement of the City's consents and waivers as set forth above, and, as for FPL, its waiver of any claims as set forth above. My signature below confirms that the City consents to the evaluations and communications described above. Sincerely yours, Wayne R. Coment City Attorney 3 a0S-A �. For Florida Power& Light Company: R. Wade Litchfield (Date) General Counsel For The Town of Indian River Shores: Chester Clem (Date) Town Attorney For Indian River County: Dylan Reingold (Date) County Attorney 4 acmes.A•'7. EMERGENCY ITEM 14.A.1 January 6, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 5, 2015 SUBJECT: Linda Winkel's Public Discussion Request FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in providing Linda Winkel the opportunity to publicly discuss before the Board, collectively, issues regarding her driveway, fence and septic tank. ITEM 14.13.1 January 6, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 30, 2014 SUBJECT: IRL — NEP Reorganization FROM: Bob Solari, Commissioner District 5 I would like to update the Board on the reorganization of IRL — NEP. 206 INDIAN RIVER COUNTYi�� SOLID WASTE DISPOSAL DISTRICT (iAL �, zoRio� BOARD MEMORANDUM Date: December 22, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director,Solid Waste Disposal District Subject: Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of Solid Waste Processing and Recycling Services DESCRIPTIONS AND CONDITIONS: On December 16, 2014, the Solid Waste Disposal District (SWDD) directed staff to start a feasibility study and procurement process for the processing and recycling of solid waste in Indian River County. The purpose of this process is moving Indian River County towards achieving the Florida Legislature recycling goal of 75%by 2020. Staff requested and received the attached proposal from Kessler Consulting, Inc. (KCI) to provide solid waste procurement services. ANALYSIS: KCI has prepared Work Order No. 2, provided in Attachment 1, for feasibility and procurement services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are to be executed with a piggyback contract for similar consulting services by KCI to Okaloosa County. The tasks are listed below showing the estimated fees based on a time and materials (t&m) basis. TASK DESCRIPTION AMOUNT Task 1 Feasibility Evaluation $15,000—t&m Task 2 Procurement Services $35,950—t&m TOTAL= $50,950 Under Task 1, KCI will assist the County in exploring interest of private sector vendors in partnering with the County to develop solid waste processing capacity in order to recover recyclables, organics, and possibly energy with the objective of assisting the County in achieving 75 percent recycling. SWDD Agenda-WO No 2 Kessler Consulting for Feasibility of Solid Waste Processing and Page 1 of 2 Recycling 207 Under Task 2, KCI will work closely with County staff to conduct a procurement process that �- follows County procurement procedures and meets the County's needs and objectives. Note, a future phase to develop a contract is described in the KCI proposal; however, is not included in this authorization. FUNDING: Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of$375,000 for the 2014/2015 fiscal year. ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $50,950 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Authorize to piggy-back Okaloosa County Contract No. C10-1781-PW and approve Work Order No. 2 with Kessler Consulting, Inc. in the amount of $50,950 to provide solid waste procurement services; b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Work Order No. 2—Kessler Consulting, Inc. APPROVED FOR AGENDA: Indian River Co. Apr ed Date By; _ Administration � 1 ✓ Joseph A. Baird, County Administrator Legal d !� For: Budget Date SWDD 131 SWDD-Finance ( ( Z3 Purchasing SWDD Agenda-WO No 2 Kessler Consulting for Feasibility of Solid Waste Processing and Page 2 of 2 Recycling 208 kessler consulting inc. innovative waste solutions EXHIBIT A—WORK ORDER NO.2 SCOPE OF WORK FOR FEASIBILITY OF SOLID WASTE PROCESSING AND RECYCLING SERVICES SCOPE OF SERVICES The purpose of this scope of work is to assist Indian River County(County) in exploring the feasibility of developing solid waste processing and recycling capacity in an effort to maximize diversion of waste from the landfill. This scope include two phases. Phase 1 includes two tasks. Task 1 is to conduct an initial feasibility evaluation and Task 2 entails conducting a competitive procurement for such services. Based on the results of Phase 1, KCI will work with County staff to negotiate and develop a final contract with the selected vendor. Task 1—Initial Feasibility Evaluation KCI will assist in exploring the interest of private sector vendors in partnering with the County to develop solid waste processing capacity in order to recover recyclables,organics,and possibly energy with the objective of assisting the County in achieving 75 percent recycling. Anticipated activities include the following: • Review previous County RFP for alternative processing technologies. • Participate in a kick-off call with County staff to confirm processing options of interest, identify potential vendors to meet with, and discuss a proposed timeline. • Request from County staff information that might be relevant or of interest to potential vendors including, but not limited to,acreage and location of County land that might be available for facility development, any environmental studies or information pertaining to this land, guaranteed waste flow, and potential capital investment by the County. • Coordinate and participate in up to two days of one-on-one meetings with selected vendors for the purpose of gathering information,as well as meet with the owner of the construction and demolition debris processing facility located across from the County's solid waste facility. • Contact additional vendors to acquire additional information as needed. • Prepare a brief technical memorandum that summarizes the results of the meetings and outlines the parameters to be included in a procurement document if sufficient interest is expressed to continue with Task 2. • Assist with presenting the results to County Commissioners in order to obtain direction on continuing with Task 2. Task 1 Deliverables • Technical memorandum,submitted electronically • Participation in up to two days of vendor meetings,one day of meetings with Commissioners, and conference calls as needed. .,,,,,,, 14620 N.Nebraska Ave.,Bldg.D,Tampa,FL 33613 1 Tel:813.971.8333 1 Fax:813.971.8582 1 www.kesconsult.com Work Order 2 Scope v4 209 Exhibit A—Work Order No.2 Scope of Work 112/19/2014 1 Page 3 of 4 Task 2—Competitive Procurement Based on the results of Task 1, KCI will work closely with County staff to conduct a procurement process that follows County procurement procedures and meets the County's needs and objectives. Provided below are the anticipated subtasks and activities. Task 2.1 —Development of Procurement Document • Confirm with County staff information that might be relevant or of interest to potential proposers as identified in Task 1. • Develop the draft procurement document, including qualification requirements,technical specifications,and evaluation criteria. • Revise the draft procurement document based on County staff comments. This scope includes up to two rounds of comments. • Prepare a list of potential vendors to be notified when the document is published. Task 2.2—Pre-Submittal Meeting and Addenda Preparation • Provide technical support and assist with responding to questions during a pre-submittal meeting. • Review any written questions or comments received by the County regarding the procurement document. • Assist in drafting any necessary addenda in response to questions. Task 2.3—Submittal Review and Vendor Interviews • Review submittals received in response to the procurement document. • Provide technical support to County staff and evaluation committee during review and ,,,,•,, evaluation of the submittals. • Participate in interviews of selected vendors, if desired. • Assist in presenting,as requested,the recommendation resulting from the procurement to County management and Commissioners. Task 2 Deliverables(submitted electronically) • Draft and final procurement document. • list of potential vendors. • Draft language for addenda, if needed. • Participation in up to four meetings, as well as conference calls as needed. Phase 2—Future Activities: Contract Development and Negotiation Based on the results of Phase 1, KCI will work with County staff to negotiate and develop a contract with the successful bidder that meets the County's needs and objectives. Provided below are the anticipated activities. • Assist County staff in negotiating a contract with the selected vendor. • Develop a draft contract for review by County staff and revise the contract based on staff comments. • Develop a final contract based on all negotiated aspects of the agreement between the County and selected vendor. • Assist in presenting,as requested,the final contract to County management and Commissioners, as requested. kessler consulting inc. innovative waste solutions Work Order 2 Scope v4 210 Phase 2 Deliverables(submitted electronically) • Draft and final contract. • Participation in meetings and conference calls,as needed. COMPENSATION AND TIMELINE Because the level of effort needed to complete this project may vary based on the number of meetings, number of submittals received, requests for additional technical assistance, and other factors, KCI proposes to conduct this work on a time-and-materials basis. We propose a budget of$50,950 for Phase 1 that shall not be exceeded without prior authorization by the County. A budget breakdown by task is provided in Exhibit B; however, KCI will invoice only for the actual time expended. The budget allocation between tasks may shift as the project progresses depending on the actual level of effort required. Services will be invoiced monthly and expenses(e.g.,travel)will be billed at cost without markup. KCI will commence assigned work upon notice to proceed and will work with County staff to develop an acceptable timeline for completion of all tasks.We estimate Phase 1 activities would be completed in nine months. Upon completion of Phase 1,the activities and timeline for Phase 2 would then be determined. KCI appreciates the opportunity to submit this scope of work and looks forward to the opportunity to continue assisting Indian River County. kessler consulting inc. innovative waste Soh.Ation, 211 N N EXHIBIT B-FEE SCHEDULE HMO 1 Phase 1 Phase 2 Task 1 Task 2 Future 2.1 2.2 2.3 Activities Initial Procurement Pre-Submittal Submittal Contract HOURLY Feasibility Document Meeting& Review& Development& TOTAL TOTAL CATEGORY(NAME) RATE Evaluation Development Addenda Interviews Negotiations HOURS DOLLARS Project Director/Principal $185.00 32.0 10.0 16.0 30.0 88.0 $16,280 Project Manager $140.00 9.0 16.0 4.0 16.0 45.0 $6,300 Senior Consultant $135.00 0.0 4.0 4.0 8.0 16.0 $2,160 Senior Consultant $105.00 64.0 64.0 24.0 60.0 212.0 $22,260 Consultant $85.00 0.0 0.0 0.0 0.0 0.0 $0 Research Analyst $75.00 0.0 0.0 0.0 14.0 14.0 $1,050 Technical Support $50.00 2.0 8.0 2.0 2.0 14.0 $700 SUBTOTAL LABOR HOURS 107.0 102.0 50.0 130.0 389.0 $48,750 SUBTOTAL LABOR DOLLARS $14,000 $11,750 $6,680 $16,320 $48,750 zx._.�,,... :,,^• .-.:-,vs:e,... ::eie� _M_...rs.xi .Z'i....�r'-$"''-!-s;:='. r?-r_.s.,�' < ; ..f ''� ~'' y £o. o .. 1f•fSx .ti t. .b_�_ :kv !A..aA �! 'Fz`.X32;.`.✓t..o7h` L'-M1�13'N�'dd .a_.r_..i : �.2!_ ._.._-sees: TRAVEL $1,000 $0 $200 $1,000 $2,200 SUBTOTAL DIRECT COST $1,000 $0 1 $2001 $1,000 $2,200 54, LABOR+DIRECT COST $15,000 1 $11,750 $6,880 $17,320 $50,950 PACLIENTS\Indian River County\PM\Okaloosa Piggyback 2014\Alt Processing 2015\WO2 Budget kessler consulting,inc. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT CONTRACT FOR SOLID WASTE SERVICES WORK ORDER NUMBER 2 AUTHORIZATION FORM Date: Subject: Feasibility of Solid Waste Processing and Recycling Services Scope: A detailed Scope of Work is provided in Exhibit A. Schedule: To be completed as detailed in the attached Scope of Work. Fee: Time-and-materials basis not to exceed $50,950 as detailed in Fee Schedule in Exhibit B. IN WITHNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. AUTHORIZATION: CONSULTANT BOARD OF COUNTY COMMISSIONERS Kessler Consulting,Inc. OF INDIAN RIVER COUNTY By: By: Wesley S. Davis,Chairman Title: President BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: eph A.Baird,County Administrator Approved as to form and legal sufficiency: "Dylan T. Reingold,County Attorney 14620 N.Nebraska Ave.,Bldg.D,Tampa,FL 33613 1 Tel:813.971.8333 1 Fax:813.971.8582 1 www.kesconsult.com work Order 2 Scope v4 213 c� INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT fes, y �LORio/ BOARD MEMORANDUM Date: December 30, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director,Solid Waste Disposal District Subject: CCNA-2014-Work Order No. 1 to Geosyntec to Provide Engineering Services for Class I Landfill Permit Renewal and Landfill Operations Support DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) owns and administers the operations of a Class I landfill for disposal of the County's municipal solid waste (MSW) and construction & demolition (C&D) debris. The landfill operates under construction and operation permits issued by the Florida Department of Environmental Protection (FDEP).The permits detail requirements for construction, operation, closure, and long term care of the various cells and segments of the Class I landfill. The current construction and operation permits are scheduled to expire on December 2, 2015 and in accordance with specific conditions within the permits, a permit renewal application is due to FDEP by October 1, 2015. The permit renewal application must include updates of the following supporting documentation: • Engineering Report; • Engineering Permit Drawings with revised Phasing Plans; • Operations and Training Plan; • Contingency Plan; • Monitoring Plan Implementation Schedule (MPIS) for water-quality monitoring; and • Financial Assurance Cost Estimate for closure and post-closure long-term care of the Class I Landfill. The current permit covers Segments 1, 2, Infill Area, and Phases I and II of the Segment 3 Expansion. Only Phase I (also referred to as Cell 1) of the Segment 3 Expansion has been constructed under the 5-year permit that was issued by FDEP on March 17, 2011. This cell is currently being used for waste disposal. Historically, SWDD has applied for 5 year renewal permits; however, FDEP now allows applications for 5- to 20-year renewal permits to construct and operate Class I landfills in Florida. SWDD intends to apply for a 20-year renewal permit and thereby save SWDD the additional SWDD Agenda-Geosyntec CCNA-2014-WO No 1-Landfill Permitting Services Page 1 of 3 214 consulting fees for the multiple periods between 5 and 20 years; however, the application fee for the 20-year permit is four times that of the 5-year permit ($80,000 vs. $20,000 but can be paid in 5 year increments). The FDEP has also issued to SWDD an Environmental Resources Permit (ERP) to address the requirements for managing stormwater runoff within the 275 acres of the County landfill site. This permit also expires on 30 July 2015 and a permit renewal application must be submitted to FDEP by 30 May 2015. SWDD also intends to expand the existing leachate force main system by designing, permitting, and constructing a new force main for future Cells 2 through 4 of the Segment 3 Expansion. SWDD will also update the Stormwater Pollution Prevention Plan (SWWP)and the Spill Prevention, Control and Countermeasure (SPCC) Plan for the County landfill. This agenda item requests Board authorization to issue Work Order CCNA-2014-WO No. 1 to the engineering firm Geosyntec Consultants, Inc. (Geosyntec) to provide professional engineering services for filing solid waste permit and ERP renewal applications with the FEDP and other landfill operations support. ANALYSIS: Staff requested Geosyntec to submit a proposal to provide engineering and consulting services for the subject project. Geosyntec's proposal including scope of work, schedule and budget estimate is shown in Attachment 1. Geosyntec's proposal consists of four (4) phases as follows: Olin S �r ` di '? 5b1�0.8"_.,n, x. �tP k."r.,. z i; �'7}`k '�� 1 General Consulting/Meeting Support/Project Management $36,581 2 Class I Landfill Solid Waste Renewal Permit Application $85,986 3 ERP Renewal.Application $28,891 4 Landfill Operations Support Services $29,487 Total $180,945 FUNDING: Funding for the Solid Waste Permitting Services (Phase 1, 2 & 3) and Landfill Operations Support Services (Phase 4) is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount Engineering Services (Phase 1, 2, 3 & 4) 41121734-033130 $180,945 �— RECOMMENDATION: SWDD Agenda-Geosyntec CCNA-2014-WO No 1-Landfill Permitting Services Page 2 of 3 215 SWDD staff recommends that its Board: a) Approve CCNA-2014-Work Order No. 1 authorizing Geosyntec to provide engineering services for renewal permit applications and landfill operations support services, in accordance with the attached scope of work for a not to exceed budget of$180,945. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT: 1) CCNA-2014-WO No. 1—Geosyntec APPROVED FOR AGENDA: Indian River Co. Approved Date By: _ Administration -Vioseph A. Baird, County Administrator114 Legal For: Budget 2 1 Date SWDD I 3• � SWDD-Finance - -I Y� SWDD Agenda-Geosyntec CCNA-2014-WO No 1-Landfill Permitting Services Page 3 of 3 216 WORK ORDER NUMBER CCNA-2014- WO No. 1 IRC Class I Landfill Engineering Services This Work Order Number_1_ is entered into as of this _ day of , 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15,2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement'), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant'). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1(Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Geosyntec Consultants,Inc. OF INDIAN RIVER COUNTY By: —a' a By: Thomas A. Peel, Ph.D. ,Chairman Title: Senior Vice President . BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Josep A.Baird,County Administrator Approved as to form and legal sufficiency: Z/— ylan T. Reingold,County Attorney 217 EXHIBIT 1 PROFESSIONAL SERVICES 218 1200 Riverplace Blvd,Suite 710 Geosyntec Jacksonville,Florida 32207 PH 904.858.1818 { FAX 904.396.1143 consultants www.geosyntec.com 30 December 2014 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach,Florida 32968 Subject: Proposal for Engineering Services Class I Landfill—Indian River County Landfill Facility Vero Beach,Indian River County,Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional engineering services for the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River .. County, Florida. The proposal presents the scope of work, schedule, and budget estimate to provide engineering services at the Class I Landfill. The proposal was prepared in response to a request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi Badu- Tweneboah, P.E. of Geosyntec during 30 September 2014 and 10 October 2014 telephone conversations. Geosyntec has prepared this proposal as Exhibit 1 of CCNA-2014-WO No. 1, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida("COUNTY") and Geosyntec("Consultant"). The remainder of this proposal presents: (i)project background; (ii)proposed scope of work; (iii) schedule; and(iv)budget estimate. PROJECT BACKGROUND General The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road (74th Avenue SW) in Vero Beach, Florida. The waste materials disposed at the IRCL facility include residential, commercial, agricultural, and NCP2014-22381Il.14065_Proposal for Class I Landfill Engineering Services—REVISED FINAL engineers I scientists I innovators 219 Mr.Himanshu Mehta, P. E. 30 December 2014 Page 2 industrial Class I waste as well as C&D debris from unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores, Florida. The IRCL occupies 276 acres, with 22 acres used for construction and demolition (C&D) debris disposal. The C&D debris disposal facility is presently inactive. The Class I landfill includes the Segment 1 vertical expansion, Segment 2, an Infill Area located between Segment 1 and Segment 2, and Segment 3 Lateral Expansion with a total footprint of approximately 135 acres. The latest five-year solid waste construction and operation permits (Permit Nos. SC31-0128769- 019 and 5031-0128769-020)were issued to SWDD by the Florida Department of Environmental Protection (FDEP) on 17 March 2011. The construction permit (i.e., Permit No. SC31-0128769- 019) "...authorizes the construction of lined Segment 3, Phase 1 and H lateral expansion..." The operation permit (i.e., Permit No. 5031-0128769-020) also "...authorizes the operation of the existing Indian River County Landfill, Class I(Segments 1 and 2 and Infill Area between them) and operation of Segment 3, Phases 1 and II expansion when constructed..." Only Phase 1 (hereafter referred to as Cell 1) of the Segment 3 Expansion has since been constructed and is currently being used for waste disposal. Additionally, the Environmental Resource Permit(ERP)was modified under Major Modification of an Individual Permit with Permit No. ERP31-0163429-009-EM issued by FDEP on 30 July �... 2010. The major modification of the ERP consisted of the Segment 3 Lateral Expansion by converting the previously permitted Cell 2 of the C&D debris disposal area into a lined Class I landfill, and constructing swales and downdrains to convey stormwater runoff from the landfill cells into perimeter drainage ditches and ultimately into the existing wet detention pond. Solid Waste Permit Renewals The aforementioned solid waste construction and operation permits will expire on 2 December 2015. Specific Condition No. 23 of the Permit states: "...If construction cannot be completed before the expiration of this permit, the permittee must notify the Department, in writing, at least 60 days prior to the expiration of the construction permit and request a renewal of the construction permit..." Specific Condition No. 60 of the Permit also states: "...An operation permit renewal must be submitted at least 60 days prior to the expiration date of this permit..." In accordance with these specific conditions, SWDD is required to file permit renewal applications to FDEP by 1 October 2015. SWDD has therefore requested Geosyntec to provide a proposal to include services for application of these Solid Waste Permit renewals. .,r,. JL14065_Proposal for Class I Landfill Engineering Services—REVISED FINAL engineers I scientists j innovators 220 Mr. Himanshu Mehta, P.E. 30 December 2014 .. Page 3 ERP Renewal The current ERP (Permit No. ERP31-0163429-009-EM) also expires on 30 July 2015 and a permit renewal application must be submitted to FDEP by 30 May 2015. This proposal also presents the scope of work for preparing the ERP renewal application on behalf of SWDD. Expansion of Leachate Force Main Leachate from Cell 1 of the Segment 3 Expansion is collected and conveyed to the existing force main (EFM). The EFM is a 4-inch diameter polyvinyl chloride (PVC) pipeline that runs parallel to the site access road from the lift station north of the Infill Area to the West Regional Wastewater Treatment Plant. It is understood that the EFM may not have adequate capacity to handle leachate generated from the active cells (Segment 1 vertical expansion, Infill Area, Segment 2, and Cell 1 of the Segment 3 Expansion) and future Cell 2 of the Segment 3 Expansion which is expected to be constructed by 2016. SWDD requested Geosyntec to include, in this proposal, design and construction documents of a new force main for the future Cells 2 through 4 of the Segment 3 Expansion. Landfill Operations Support Services In addition, SWDD also requested Geosyntec to include updates to the Storm Water Pollution Prevention Plan (SWPPP) and the Spill Prevention, Control and Countermeasure (SPCC) Plan for IRCL facility, both prepared by RSI, in this proposal. This proposal describes professional services to be provided in fulfillment of the aforementioned requests. PROPOSED SCOPE OF WORK This project includes professional engineering services for filing solid waste permit and ERP renewal applications with the FDEP. The scope of work is based on the requirements of Chapter 62-701, F.A.C. and Geosyntec's understanding of the project based on information provided by the SWDD. This proposal also includes professional engineering services for design and construction of the new force main for the Segment 3 Expansion. In addition, this proposal includes landfill operations support services such as reviewing and updating the existing SWPPP and SPCC Plan prepared by RSI for inclusion in the IRCL Operations and Training Plan, and design of a new landfill access road for waste placement in the active cells of the Class I Landfill. +..� JL14065_Proposal for Class I Landfill Engineering Smices_REVISED FINAL engineers I scientists I innovators 221 Mr. Hinianshu Mehta, P. E. 30 December 2014 r.. Page 4 For budgeting purposes, the scope of work has been divided into six (6) phases, as presented below. • Phase 1—General Consulting/Meeting Support/Project Management; • Phase 2—Class I Landfill Solid Waste Permit Renewal Application; • Phase 3—ERP Renewal Application; and • Phase 4—Landfill Operations Support Services. Each of these phases is briefly described below. Phase 1 —General Consulting/Meeting Support/Project Management Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the Project. Geosyntec will prepare presentation graphics, engineering drawings, and other documents required to support the Project's meetings and coordination activities. A kickoff meeting with SWDD and RSI, the Class I Landfill operator, is proposed before the start of project activities so that the specific project requirements can be discussed. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements. Geosyntec will also schedule and attend, with SWDD staff, meetings with the Tallahassee and Southeast District offices of FDEP to discuss specific permitting issues. In addition,review meetings will be held with SWDD as necessary during the various phases of the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. For the purpose of this budget estimate, Geosyntec has included seven (7)meetings: (i) one (1) kickoff meeting with SWDD; (ii) two (2) in-progress design review meetings with SWDD; (iii) three (3)meetings with FDEP and SWDD staff; and (iv) one (1)meeting with the SWDD Board, if requested by SWDD. The FDEP meetings will consist of. (i) two (2) meetings with the Tallahassee office on the solid waste renewal permit application; (ii) one (1) meeting with the Southeast District office in West Palm Beach on the ERP renewal application. If possible, the Tallahassee office meetings will be held via teleconference to reduce overall costs to the project. Project management activities will include: budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify technical or -r JL14065_Proposal for Class I Landfill Engineering Services—REVISED FINAL. engineers 1 scientists I innovators 222 Mr.Himallshu Melita, P.E. 30 December 2014 ,.. Page 5 administrative issues that require SWDD's attention and the current status of the budget and schedule. Phase 2 —Class I Landfill Solid Waste Renewal Permit Application Task 2.1: Permit Renewal Application Package It should be noted that FDEP now allows application for 5- to 20-year permits to construct and operate Class I landfills in Florida. SWDD has requested that Geosyntec assist with the application for a 20-year permit renewal for construction and operation of the Class I Landfill at IRCL facility. Geosyntec will prepare the FDEP solid waste permit renewal application for the Class I landfill at IRCL site. Geosyntec will complete FDEP Form No. 62-701.900(1) titled "Application for a Permit to Construct, Operate, Modify or Close a Solid Waste Management Facility" and address the additional information items required by the form. The following activities will be performed to prepare the renewal permit application for the Class I landfill: • Prepare an engineering report addressing the requirements of Rule 62-701.320, F.A.C. The report will also demonstrate how SWDD plans to comply with new or revised laws or rules relating to construction, operation or closure of the Class I Landfill. • Revise and update the Operations and Training Plan as necessary for the Class I Landfill. • Prepare a contingency plan to cover operations interruptions and emergencies. • Update the Monitoring Plan Implementation Schedule (MPIS) for water-quality monitoring, as needed, based on the past five (5) years of water level and analytical data. • Prepare engineering permit drawings, including: o a title sheet that depicts the site vicinity; o a current aerial photo that also depicts facility location and relevant existing features of the Class I Landfill; o an existing site conditions plan to depict the most recent topographic survey grades and boundaries along with site storm water features and other pertinent features (e.g., access roads, scale house, monitoring wells, etc.); ar.. JL14065_Proposal for Class I Landfill Engineering Services_REVISED FINAL engineers I scientists I innovators 223 Mr.Himanshu Mehta, P.E. 30 December 2014 Page 6 o site development plan for the remaining cells; o cell construction phasing plan for the next 20 years; o a waste-fill sequence (i.e. development)plan for the next 20 years; o a final closure/grading plan; and o typical and miscellaneous details. • Address the prohibitions of the facility in accordance with Rule 62-701.300, F.A.C. • Compile a list of enforcement actions. • Provide a signed and sealed boundary survey, legal description and topographic survey of the property in accordance with Rule 62-701.730(2)(b), F.A.C. Calculate the remaining landfill life, which involves calculating the remaining disposal capacity and estimating the projected waste fill rate over the duration of filling operations. • Prepare a financial assurance cost estimate for closure and long-term care of the landfill in accordance with Rule 62-701.730(11)(b), F.A.C. and complete FDEP Form 62-701.900(28). • Complete the required FDEP Form 62-701.900(1), and prepare a transmittal letter to FDEP that summarizes the permit renewal package. Geosyntec will provide one(1)electronic and one (1)hardcopy of the solid waste permit renewal application to FDEP Tallahassee and two (2) copies (1 electronic and 1 hardcopy) to SWDD. Activities required for the compilation, reproduction and distribution of the renewal permit application package are included in this phase. The permit fees will be $80,000 for the 20-year construction and operation permits; SWDD has the option of paying for the total fee at the time of application submittal, or paying $20,000 at the time of application submittal, plus $20,000 every five years thereafter until the time for permit renewal (i.e. in 2035). Geosyntec will coordinate with SWDD to select the most optimal fee payment schedule. rrr. JL14065_Proposal for Class 1 Landfill Engineering Services-REVISED FINAL engineers I scientists I innovators 224 Mr. Himanshu Mehta, P.E. 30 December 2014 Page 7 Task 2.2: Force Main Design and Permitting Under this phase Geosyntec will design a new force main for leachate transmission from Cells 2 through 4 of the Segment 3 Expansion at the IRCL facility. Leachate from Cell 1 of Segment 3 Expansion, the Segment 1 vertical expansion, Infill Area and Segment 2 is currently transmitted to the West Regional Wastewater Treatment Plant through an existing 4-inch diameter PVC force main. It is anticipated that the new force main will have stub-outs for future Cells 2 through 4 of Segment 3 Expansion, run parallel to the existing force main, and connect to the West Regional Wastewater Treatment Plant. However, Geosyntec will coordinate with SWDD and RSI to explore the need to connect Cell l of Segment 3 Expansion to this new force main if necessary. The deliverable for this task will consist of a calculation package for design of the new force main with necessary drawings including plan, alignment and details of the new force main. Geosyntec will include the force main design in the permit renewal application package to the FDEP for their review. Task 2.3: Response to Regulatory Comments Following submittal of the Renewal Permit Application, Geosyntec will meet with FDEP Solid Waste Section in Tallahassee to present and discuss the application package. This meeting may be held via teleconference in order to reduce overall costs to the project. Geosyntec will provide FDEP with written responses to requests for additional information (R.AIs)throughout the course of the renewal permit review process. For the purpose of the budget estimate, Geosyntec has estimated two responses to FDEP RAls will be required. Phase 3—ERP Renewal Application Under this phase, Geosyntec will prepare an ERP renewal application for submittal to FDEP. A pre-application meeting will be scheduled with the Stormwater Section of FDEP Southeast District office in West Palm Beach to review the permitting requirements. Geosyntec will prepare designs for the perimeter ditches to convey stormwater runoff from a 25-year, 24-hour storm and to handle the stormwater runoff from the closed portions of the Class I Landfill. Geosyntec will prepare the renewal application for the IRCL facility ERP. The application will include the engineering reports and drawings in support of the renewal permit application in accordance with Chapter 62-330 F.A.C. Geosyntec will provide one (1) electronic and one (1) hardcopy of the ERP renewal application to FDEP Southeast District and two (2) copies (1 electronic and 1 hardcopy) to SWDD. Activities required for the compilation, reproduction and distribution of the ERP renewal application package are included in this phase. JL14065_Proposal for Class 1 Landfill Engineering Services—REVISED FINAL engineers 1 :sciemists I innovators 225 Mr. Himanshu Melita, P.E. 30 December 2014 Page 8 Following submittal of the ERP Renewal Application, Geosyntec will meet with FDEP Stonnwater Section in West Palm Beach to present and discuss the ERP renewal application. Geosyntec will provide FDEP with written responses to RAls throughout the course of the permit review process. For the purpose of the budget estimate, Geosyntec has estimated two responses will be required. Phase 4—Landfill Operations Support Services Under this phase, Geosyntec will provide landfill operations support services to SWDD including the following: • reviewing and updating the existing SWPPP and SPCC Plan prepared by RSI for inclusion in the IRCL Operations and Training Plan; • design of new landfill access road for waste placement in the active cells of the Class I Landfill; • evaluation for the need for a retaining wall at the existing lift station; and • other landfill operations support services as requested by RSI though SWDD. SCHEDULE Geosyntec has prepared a preliminary schedule for performing work outlined in this proposal and is included as Attachment A. The schedule, as presented, assumes a start date of 12 January 2015. Geosyntec anticipates submitting the Solid Waste Permit Renewal Application to FDEP by 25 June 2015. The ERP Renewal Application is anticipated to be submitted to FDEP by 12 May 2015. Geosyntec has assumed that the required permits will be obtained within about two months of submission to FDEP. Responses to FDEP comments will be performed during this approximately two-month period. Therefore, it is anticipated that the permit renewals for the Project will be issued before 30 July 2015 for the ERP and 27 August 2015 for the solid waste permit. Geosyntec will work with SWDD to refine the project schedule and set the milestones necessary to meet the needs of the Project. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Phases 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment B. JL14065-11roposal for Class I Landfill Engineering Services— REVISED FINAL wrr engineers I scientists I innovators 226 Mr. Himanshu Mehta, P.E. 30 December 2014 "aw Page 9 Phase 1: General Consulting/Meeting Support/Project Management $36,581 Phase 2: Class I Landfill Solid Waste Renewal Permit Application $85,986 Phase 3: ERP Renewal Application $28,891 Phase 4: Landfill Operations Support Services $29,487 TOTAL $180,945 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to our attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Rutuparna Joshi, Senior Staff Engineer Kwasi Badu-Tweneboah,Ph.D.,P.E. Associate Attachments JL 14065_Proposal for Class I Landfill Engineering Services—REVISED FINAL engineers I Scientists I innovators 227 ATTACHMENT A PROPOSED SCHEDULE 228 Indian River County Class 11.2ri 111 Partial Closure Preliminary Pro)ed Schedule D ask ask Name otksn brt Ft lsh W14 1 Dec'14 banlis Fe er' lun' lul'15 '15 '15 O ode114291-12 36 7 14 21 29 1 13 25 8 15122 7 811512.21; 5 12 19 26 1 17 2a 31 7 14 21 ZS 5 12 19 26 2 9 16'23 30 6 1 D Work Authortntbn i0 days Mon 1112115___Mon 1112/15 3/12 .... �.._.___...___._— _.._.._.._ __.._._._..__ .... ......._. .... . ..._ _._._.... -Phase 1:General Consulting/Meetht85upport/Project 150 days ;Mon 1/12/15 Fri B/7/15 '.M-agemem 3 y ;Phase 2:Oars 1 ta"WIR Renewal Permit AppRcatlon 1164 days Mon 1112/SS Thu 8127115 r 4 Task 2.1.1 Engineering Report 45 days )Mon 1(72/]5 Fri 3/13/15 _ ._ _ _._ ___ ... ....._ _..._. 5s IMon 3/16/15 7ue.3/31/15 y Task 2.Y2 Man Updates: Operation,Closure, 112 days { ...6_ Task 223 Hen n VertMt D a Mngs ..._. jfii d IVuee 411/16 "!,"6 25/ls 7 Task 2.2 Force Main Design j10 days ,'wed 4/1/15 Tue 4/14/15 _..._... . Penn it ...._....... .. days 'Thu W25/ls Thu 6/26/ss... ans e � File Reneural PeR Application with FDE . P 9 FDEP Review dme 130 days Fr16%26/15 Thu 8/6/15 10 Task 23 Response to Regulalory.Commems 15 days Fri 8/7/15 Thu 8/27/15,_ .Itiwnce of Renewd.p.— R.rom FDEPto1RC,SWDD Odays Thu_8/27/15 Thu8R7/15_ I 8/27 32 _- Msase 3 ERP Re+rerael Appfigtbrr I30 days IWed 4/1/1S Tue S/12/15 13 Phase 4:landfill Operations Support Sarvlees 1150 days ;Mon 1/12/15 Fd 8/7/15 j Task Summary External MRestone O Inact"Summary q Manuel Summery RdIuD FlNshonty 3 Project:IRC Split Project Summary 9--........IF Inacth.Task L---1 Mamral Task Manual Summary DaWllne 4 Data:T.12/30/14 Milestone • External Tasks matte weft" Duration* Immmaiaw Start-o* C Progress Page 1 of 1 N N ATTACHMENT B DETAILED BUDGET ESTIMATE 230 BUDGET ESTIMATE �... Phase 1: General Consulting/Meeting Support/Project Management Class I Landfill Engineering Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET a. Principal Hr $216 0 $0 b.Associate Hr $204 77 $15,708 c. Senior Professional Hr $179 12 $2,148 d. Project Engineer Hr $147 0 $0 e. Engineer Hr $128 85 $10,880 f. Senior Staff Engineer Hr $113 0 $0 g. Staff Engineer Hr $96 0 $0 Subtotal Professional Services $28,736 a. CADD Designer Hr $131 12 $1,572 b. Senior Drafter/Senior CADD Operator Hr $129 0 $0 c.Administrative Assistant/PA Hr $90 30 $2,700 d. Technical Word Processor Hr $92 0 $0 e. Clerical Hr $54 14 $756 Subtotal Technical/Administ°rative Services $5`020 a L6dglhg Da $100' 4' $400 b. Per Diem Da $46 0 $0 c. Communications Fee 3% Labor 0..03 $33,7641 $1,013 d. CADD'C.om uter System Hr $15 12 $180' e Vehicle Rental'.&Fuel Da $150 7 $1 050 f. 8"x11"Photoco ies Each $0.12 200 $24. g. CADD Drawin s Each $3. 50 $1$0, $ubtotallteimbursables $;2'$17 231 BUDGET ESTIMATE Phase 2: Class 1 Landfill Renewal Permit Application Class I Landfill Engineering Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET a. Principal hr $216 0 $0 b.Associate hr $204 46 $9,384 c. Senior Professional hr $179 62 $11,098 d. Project Engineer hr $147 1 0 $0 e. Engineer hr $128 200 $25,600 f. Senior Staff Engineer hr $113 0 $0 g.Staff Engineer hr $96 0 $0 Subtotal Professional Services $46,082 a. CQA Senior Engineering Technician hr $81 0 $0 b. Designer hr $131 70 $9,170 c. Senior Drafter/Senior CADD Operator hr $129 140 $18,060 d. Drafter/CADD Operator hr $.80 0 $0 e. Administrative Assistant/PA hr $90 0 $0 f. Technical`Word Processor hr $92 44 $4,048 Q. Clericalhr $54 40 $2160. Subtotal TeAhnical/Admi0istrativ .;Services t$$2 a. Lod'in Da $1100 0b. Per Diern Da $46 0c.Communications Fee 3%labor 0.03 $79,520 d.CAMCom uterSystem hr $115 210 $341 1150 e. 8"x11"Photocopies Each $0.12 1,000 $120 f.CADD DraWn s Each $3 270 $810, Subtotal:Reimburdables $414 232 BUDGET ESTIMATE Phase 3: ERP Renewal Application Class I Landfill Engineering Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET a. Principal hr $216 0 $0 b.Associate hr $204 16 $3,264 c. Senior Professional hr $179 24 $4,296 d. Project Engineer hr $147 0 $0 e. Engineer hr $128 80 $10,240 f. Senior Staff Engineer hr $113 0 $0 g.Staff Engineer hr $96 0 $0 Subtotal.Professional Services $17,800 MEMMSOMMM a. CQA Senior Engineering Technician hr $81 0 $0 b. Designer hr $131 16 $2,096 c. Senior Drafter/Senior CADD Operator hr $129 32 $4,128 d. Drafter/CADD Operator hr $80 0 $0 e. Administrative Assistant/PA hr $90 0 $0 f. Technical Word Processor hr $92 16 $1,472 q. Clerical hr $54 16 $864 Subtgta)Techn!caUAdministrati $;Services $8. .._.A. a. Lod 'in Da $100 0 $0. b. Per Diem Da $46. 0 $0 c. Communications Fee 3% labor 0:03 $26,360 $791 d.CADD Cpm uter System hr $15 48 $720 e. 8"x11"Photocopies Each $0.12 1 000 f.CADD Drawin s Each $3 300 1 900 Subtotal Reimbursables 2 53,E 233 BUDGET ESTIMATE Phase 4: landfill Operations Support Services Class I Landfill Engineering Services, Indian River County Landfill Facility Vero Beach, Florida ITEM BASIS RATE QUANTITY ESTIMATED BUDGET a.Principal hr $216 0 $0 b.Associate hr $204 16 $3,264 c. Senior Professional hr $179 36 $6,444 d. Project Engineer hr $147 0 $0 e. Engineer hr $128 80 $10,240 f. Senior Staff Engineer hr $113 0 $0 g.Staff Engineer hr $96 0 $0 Subtotal Professional Services $19,948 a. CQA Senior Engineering Technician hr $81 0 $0 b. Designer hr $131 40 $5,240 c. Senior Drafter/Senior CADD Operator hr $129 12 $1,548 d. Drafter/CADD Operator hr $80 0 $0 e. Administrative Assistant/PA hr $90 0 .$0' f. Technical Word Processor hr $92 4 $368 g. Clerical hr 7 $54 6 $324. Subfo.,tel TQc ntc�il/AdCniniStr4try _;S;e.rv,ce5 a. Lod tn" Da $100 0 $:0. b. Per Diem Da. $46 0 $0. c.Communications Fee 3%labor 0.03 $27,428 $823: d. CADD Com uter S stem hr $15: 52. $780 e. 8"x11"Photocopies Each $0.12 800 $96 f. CADD Drayrin s Each $3 120 $360` Subtotal.Reimbursailes 52 D59 234