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04/18/2017 (2)
OR1V% BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 18, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B INVOCATION Pastor Jeremy Rebman, First United Methodist Church 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A Presentation of Proclamation Designating the Month of April, 2017 as Volunteer Appreciation Month 5.B Presentation of Proclamation Designating April 30th Through May 6, 2017, as Small Business Week in Indian River County. 6. APPROVAL OF MINUTES 6.A Regular Meeting of March 21, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION April 18, 2017 Page 1 of 4 7.A Proclamation and Retirement Award Honoring Ray F. Jones on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Twenty -Six Years of Service 8. CONSENT AGENDA &A Checks and Electronic Payments March 31, 2017 to April 6, 2017 8.11 Resolution Authorizing the Submittal of an Application to FDEP Requesting an Easement for Utilities on State Owned Uplands under Lease by Indian River County 8.0 Release and Satisfaction of Demolition Lien (Lot 13 and the South 1/2 of Lot 14, Block H, Citrus Gardens) 8.1) Work Order No. 13 with KHA - Roseland Elevated Tank Conversion -UCP 4136 8.E Contract with the Center for Urban Transportation Research (CUTR) at the University of South Florida for Public Transportation Assistance 8.F Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds 8.G Agreement to Purchase Property for Stormwater Pollution Removal System, Owner: Ellis Greene and Kathleen Greene & Janie E. Greene, 53rd Street, Vero Beach, FL 32967 8.H Change Order No. 1 and Release of Retainage 87th Street and 91st Avenue Sidewalk Improvements 8.I Approval of Animal Shelter Services Agreement with Humane Society of Vero Beach and Indian River County 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Florida Power & Light Company's Request for Special Exception Use Approval for a Private Heavy Utility (Blue Cypress Solar Energy Center) [SP -SE -17-04-06 / 2017030093-78598] (Quasi -Judicial) B. PUBLIC DISCUSSION ITEMS 10.B.1 Request to Speak from Rob Volsky, The Church of Jesus Christ of Latter -Day Saints, Regarding Ninth Annual Indian River County Day of Service / JustServe.org 10.B.2 Request to Speak from Fred Mensing Regarding All Aboard Florida - Brightline C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS April 18, 2017 Page 2 of 4 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1 Award of Bid No. 2017034, CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A Consideration of a Mediated Settlement Agreement: Jenkins v. Indian River County, Circuit Court Case No. 31 2014 CA 911 13.B Resolution Supporting Local Zoning Decisions Protection Act of 2017 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher. Chairman B. Commissioner Peter D. O'Brvan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT April 18, 2017 Page 3 of 4 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 Meetings are broadcast live on 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. April 18, 2017 Page 4 of 4 5� PROCLAMATION DESIGNATING THE MONTH OF APRIL 2017, AS VOLUNTEER APPRECIATION MONTH WHEREAS, volunteerism strengthens communities, improves social problems, and enhances the overall quality of life for all citizens, including children, seniors, those who are disabled, impoverished, imprisoned, homeless, physically or mentally ill, or otherwise in need of assistance; and, WHEREAS, volunteering changes the lives of volunteers in a positive way by increasing self- confidence, self-esteem and physical wellbeing; offering the chance to make new friends; and providing opportunities to learn new skills and abilities; and, WHEREAS, volunteering is proven to have a positive influence on businesses that are socially responsible by increasing employee morale, loyalty and teamwork, and building goodwill toward the company; and, WHEREAS, nonprofits, charities, community and faith -based groups, schools, volunteer centers, and national service programs in Indian River County have joined together with state and local governments in celebration and praise of volunteers who have given tirelessly and selflessly to the service `of others. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of April, 2017, be designated as VOLUNTEER APPRECIATION MONTH in Indian River County and the Board encourages all citizens to promote the spirit of volunteerism; to observe the appropriate activities, programs and ceremonies supporting volunteerism; and to participate and engage others in volunteer activities now and for as long as they are able. Adopted this 18th day of April, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P1 PROCLAMATION DESIGNATING APRIL 30th THROUGH MAY 6, 2017, AS SMALL BUSINESS WEEK IN INDIAN RIVER COUNTY WHEREAS, America's progress has been driven by pioneers who think big, take risks and work hard; and, WHEREAS, from the storefront shops that anchor our downtowns to the high-tech startups that keep America on the cutting edge, small businesses are the backbone of our economy; and, WHEREAS, small business owners and entrepreneurs create jobs, drive innovation, and increase America's global competitiveness; and, WHEREAS, when we support and patronize local small businesses, local jobs are created and local communities preserve their unique culture; and, WHEREAS, the President of the United States .has proclaimed National Small Business Week every year since 1963 to honor entrepreneurs throughout the country; and, WHEREAS, small businesses help sustain our quality of life by diversifying and strengthening our tax base in Indian River County; and, WHEREAS, Indian River County supports and joins in this national effort to help America's small businesses do what they do best: grow their business, create jobs, and ensure that our communities remain as vibrant tomorrow as they are today. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 30th through May 6, 2017, be designated as SMALL BUSINESS WEEK IN INDIAN RIVER COUNTY. Adopted this 18th day of April, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P2 2fiu is to certify that &y F. Jones is here6y presented this fttirement Award for outstandt"ng performance and faitfifidsenice to Indian Vver County hoard of County Commissioners For twenty-skyears of semke On this 27th Day ofApril2017 1�.. ,john 7{j ,70seph E. Flesches Dir ctir of Emerg Services 0oar of County Commissioner, Chairmn 3 -PROCLAMATION HONORING RAYF. JONES ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICESIFIRE RESCUE WHEREAS, Ray F. Jones retired from Indian River County Fire Rescue effective April 27, 2017, and WHEREAS, Ray F. Jones began his career on April 7, 1991, as a firefighter. He earned his EMT certification in 1992. In 1993, Ray became a certified scuba diver wherein he became an integral part of the county's Dive Rescue Team earning accolades from local Law Enforcement, the Army Corps of Engineers and tine US Coast Guard. In 2006, Ray was promoted to Driver/Engineer in which capacity he served until his retirement. Throughout his career, he received superior ratings from his command and commendations from the public. He was Firefighter of the Year ill 2011 and presented the Medal of Heroism by Florida Governor Rick Scott in 2015 for risking his life in order to save the life of a fellow fireman; and, WHEREAS, Ray F. Jones has served this County and the Public with distinction and se flessness. During his twenty-six years of service, his devotion to his profession, his employer, the citizens of Indian River County and his co-workers was always evident. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Ray F. Jones' efforts on behalf of the County, and the Board wishes to express their deepest gratitude for the dedicated service he has given to Indian River Countyfor the last twenty -sin years; and BE IT FURTHER PROCLAIMED that tine Board of County Commissioners and staff extend their sincerest wishes for success in his future endeavors. Adopted this 18th day of April 2017. BOARD OF COUNTY COMMISSIONERS C QVC INDIANRIVER COUNTY, FLORIDA < i * _ J seph E. Flescher, Chairman P4 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 6, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 31, 2017 to April 6, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 31, 2017 to April 6, 2017. Attachment: P5 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 351595 03/31/2017 KELLY TRACTOR CO 605.88 351596 03/31/2017 TAYLOR MADE GOLF CO INC 534.08 351597 03/31/2017 FLORIDA DEPT OF FINANCIAL SERVICES 15,992.17 351598 03/31/2017 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 856.43 351599 03/31/2017 LYNDSAYBRYANT 890.00 351600 03/31/2017 LOUISE PASQUAL 1,968.12 351601 04/03/2017 1135 RENTALS LLC 580.00 351602 04/03/2017 ORANGE COUNTY HOUSING & C D 632.68 351603 04/03/2017 ALL FLORIDA REALTY SERVICES INC 4,144.00 351604 04/03/2017 VERO BEACH EDGEWOOD PLACE LP 956.00 351605 04/03/2017 GRACES LANDING LTD 9,643.00 351606 04/03/2017 PAUL JULIN 389.00 351607 04/03/2017 LINDSEY GARDENS LTD 5,559.00 351608 04/03/2017 BRYAN D BLAIS 356.00 351609 04/03/2017 WILLIE C REAGAN 449.00 351610 04/03/2017 RIVER PARK ASSOCIATES LIMITED 14,661.00 351611 04/03/2017 RICHARD C THERIEN 444.00 351612 04/03/2017 CREATIVE CHOICE HOMES XVI LTD 10,155.00 351613 04/03/2017 DAVID YORK 502.00 351614 04/03/2017 ST FRANCIS MANOR OF VERO BEACH 107.00 351615 04/03/2017 TREASURE COAST HOMELESS SERVICES 1,147.00 351616 04/03/2017 VENETIAN APARTMENTS OF VERO BEACH 391.00 351617 04/03/2017 PINNACLE GROVE LTD 10,627.00 351618 04/03/2017 VERO CLUB PARTNERS LTD 7,796.00 351619 04/03/2017 DAVID SPARKS 384.00 351620 04/03/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 188.00 351621 04/03/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 533.00 351622 04/03/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 534.00 351623 04/03/2017 CRAIG MERRILL 1,944.00 351624 04/03/2017 CHRISTINE SALTER 484.00 351625 04/03/2017 HAGGERTY FAMILY LTD 373.00 351626 04/03/2017 SUNQUEST INC 4,470.00 351627 04/03/2017 THE PALMS AT VERO BEACH 11,624.00 351628 04/03/2017 FELLSMERE COMM ENRICHMENT PROGRAM INC 88.00 351629 04/03/2017 DAVID CONDON 628.00 351630 04/03/2017 HILARY MCIVOR 490.00 351631 04/03/2017 PAULA LANE 451.00 351632 04/03/2017 JOHN A CAPPELLO 327.00 351633 04/03/2017 PELICAN ISLES LP 7,189.00 351634 04/03/2017 KATE TYSON LYONS 324.00 351635 04/03/2017 SUNCOAST REALTY & RENTAL M.GMT LLC 5,079.00 351636 04/03/2017 OAK RIVER PROPERTIES INC 348.00 351637 04/03/2017 SONRISE VILLAS LTD 2,475.00 351638 04/03/2017 ADINA GOLDMAN 545.00 351639 04/03/2017 INDIAN RIVER RDA LP 4,308.00 351640 04/03/2017 MAURICE W BROWN 497.00 351641 04/03/2017 RICHARD L DAVENPORT 495.00 351642 04/03/2017 GEORGE THUYNS 683.00 351643 04/03/2017 LAZY J LLC 1,355.00 351644 04/03/2017 SYLVIA MCNEILL 723.00 351645 04/03/2017 SKOKIE HOLDINGS INC 750.00 351646 04/03/2017 ROGER WINSLOW 478.00 351647 04/03/2017 VINCENT PILEGGI 200.00 351648 04/03/2017 OSLO VALLEY PROPERTIES INC 319.00 351649 04/03/2017 SAID S MOOBARK 1,302.00 351650 04/03/2017 CORY J HOWELL 355.00 351651 04/03/2017 OSCEOLA COUNTY SECTION 8 625.68 351652 04/03/2017 LINDSEY GARDENS H LTD 4,623.00 P6 TRANS NBR DATE VENDOR AMOUNT 351653 04/03/2017 ANTHONY ARROYO 446.00 351654 04/03/2017 AHS HOLDINGS GROUP LLC 3,441.00 351655 04/03/2017 DANIEL CORY MARTIN 590.00 351656 04/03/2017 YVONNE KOUTSOFIOS 234.00 351657 04/03/2017 ALAN R TOKAR 650.00 351658 04/03/2017 VERO BEACH VILLAS I LLC 46300 351659 04/03/2017 BRIAN E GALLAGHER 524.00 351660 04/03/2017 HOUSING AUTHORITY 769.68 351661 04/03/2017 STEPHANIE WATCHEK FOUNTAIN TRUST 234.00 351662 04/03/2017 MICHAEL STILEES 531.00 351663 04/03/2017 RACHEL G SIDMAN 459.00 351664 04/03/2017 SCOT WILKE 234.00 351665 04/03/2017 J & K PALMER ENTERPRISES LLC 199.00 351666 04/03/2017 THEODORE BARTOSIEWICZ 508.00 351667 04/03/2017 FOUNDATION FOR AFFORDABLE RENTAL 21,298.00 351668 04/03/2017 RICHARD KUSSEROW 475.00 351669 04/03/2017 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY I'N 514.00 351670 04/03/2017 SONRISE VILLAS II LLC 591.00 351671 04/03/2017 JOHN T STANLEY 78500 351672 04/03/2017 CSMA SFR HOLDINGS H -LLC 1,320.00 351673 04/03/2017 YELLOW KID INC 550.00 351674 04/03/2017 WEDGEWOOD RENTALS LLC 1,608.00 351675 04/03/2017 ALMA LUCKETT 854.00 351676 04/03/2017 LIVE OAKS REALTY INC 614.00 351677 04/03/2017 IBIS GARDENS APTS LLC 476.00 351678 04/03/2017 MCLAUG14LIN PROPERTIES LLC 1,057.00 351679 04/03/2017 MYRIAM MELENDEZ 438.00 351680 04/06/2017 UTIL REFUNDS 37.66 351681 04%06/2017 UTIL REFUNDS 58.21 351682 04/06/2017 UTIL REFUNDS 86.19 351683 04/06/2017 UTIL REFUNDS 87.80 351684 04/06/2017 UTIL REFUNDS 2.91 351685 04/06/2017 UTIL REFUNDS 49.08 351686 04/06/2017 UTIL REFUNDS 46.59 351687 04/06/2017 UTIL REFUNDS 29.37 351688 04/06/2017 UTIL REFUNDS 40.04 351689 04/06/2017 UTIL REFUNDS 41.64 351690 04/06/2017 UTIL REFUNDS 23.41 351691 04/06/2017 UTIL REFUNDS 26.90 351692 04/06/2017 UTIL REFUNDS 74.54 351693 04/06/2017 UTIL REFUNDS 8.06 351694 04/06/2017 UTIL REFUNDS 83.65 351695 04/06/2017 UTIL REFUNDS 35.52 351696 04/06/2017 UTIL REFUNDS 69.64 351697 04/06/2017 UTIL REFUNDS 46.16 351698 04/06/2017 UTIL REFUNDS 36.02 351699 04/06/2017 UTIL REFUNDS 40.96 351700 04/06/2017' UTIL REFUNDS 11.94 351701 04/06/2017 UTIL REFUNDS 2.84 351702 04/06/2017 UTIL REFUNDS 4.59 351703 04/06/2017 UTIL REFUNDS 23.43 351704 04/06/2017 UTIL REFUNDS 49.73 351705 04/06/2017 UTIL REFUNDS 47.16 351706 04/06/2017 UTIL REFUNDS 24.47 351707 04/06/2017 UTIL REFUNDS 9016 351708 04/06/2017 UTIL REFUNDS 42.46 351709 04/06/2017 UTIL REFUNDS 34.38 351710 04/06/2017 UTIL REFUNDS 78.21 351711 04/06/2017 UTIL REFUNDS 25.29 351712 04/06/2017 UTIL REFUNDS 41.03 7 TRANS NBR DATE VENDOR AMOUNT 351713 04/06/2017 UTIL REFUNDS 71.09 351714 04/06/2017 UTIL REFUNDS 79.90 351715 04/06/2017 UTIL REFUNDS 32.29 351716 04/06/2017 UTIL REFUNDS 21.03 351717 04/06/2017 UTIL REFUNDS 23.11 351718 04/06/2017 UTIL REFUNDS 72.16 351719 04/06/2017 UTIL REFUNDS 43.46 351720 04/06/2017 UTIL REFUNDS 61.30 351721 04/06/2017 UTIL REFUNDS 36.41 351722 04/06/2017 UTIL REFUNDS 76.60 351723 04/06/2017 UTIL REFUNDS 40.27 351724 04/06/2017 UTIL REFUNDS 86.70 351725 04/06/2017 UTIL REFUNDS 73.23 351726 04/06/2017 UTIL REFUNDS 59.87 351727 04/06/2017 UTIL REFUNDS 15.13 351728 04/06/2017 UTIL REFUNDS 1.28 351729 04/06/2017 PORT CONSOLIDATED INC 15,203.39 351730 04/06/2017 TEN -8 FIRE EQUIPMENT INC 2,739.92 351731 04/06/2017 VERO CHEMICAL DISTRIBUTORS .INC 338.80 351732 04/06/2017 VELDE FORD INC 385.35 351733 04/06/2017 B G KENN INC 1,195.00 351734 04/06/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 59.90 351735 04/06/2017 KELLY TRACTOR CO 1,031.94 351736 04/06/2017 AMERIGAS EAGLE PROPANE LP 218.07 351737 04/06/2017 AMERIGAS EAGLE PROPANE LP 487.91 351738 04/06/2017 AMERIGAS EAGLE PROPANE LP 547.45 351739 04/06/2017 AMERIGAS EAGLE PROPANE LP 1,389.17 351740 04/06/2017 AMERIGAS EAGLE PROPANE LP 1,714.22 351741 04/06/2017 GAYLORD BROTHERS INC 517.66 351742 04/06/2017 WILD LAND ENTERPRISES INC 77.00 351743 04/06/2017 HICKMANS BRAKE & ALIGNMENT 131.50 351744 04/06/2017 LF] FORT PIERCE INC 1,150.79 351745 04/06/2017 SWE INC 325.00 351746 04/06/2017 TIRESOLES OF BROWARD INC 380.00 351747 04/06/2017 CALL ONE INC 234.00 351748 04/06/2017 CHILDCARE RESOURCES OF IRC INC 7,364.42 351749 04/06/2017 DELL MARKETING LP 1._597.54 351750 04/06/2017 BLAKESLEE SERVICES INC 710.00 351751 04/06/2017 BAKER & TAYLOR INC 9,021.29 351752 04/06/2017 MIDWEST TAPE LLC 1,230.78 351753 04/06/2017 MICROMARKETING LLC 96.00 351754 04/06/2017 VERO COLLISION CENTER 8,078.59 351755 04/06/2017 MELODY MUSIC 633.96 351756 04/06/2017 BAKER DISTRIBUTING CO LLC 433.95 351757 04/06/2017 CENGAGE LEARNING INC 620.07 351758 04/06/2017 PALM TRUCK CENTERS INC 1.037.47 351759 04/06/2017 JIMMYS AIR & REFRIGERATION INC 3.910.21 351760 04/06/2017 PING INC 58.45 351761 04/06/2017 INDIAN RIVER COUNTY HEALTH DEPT 90.00 351762 04/06/2017 INDIAN RIVER COUNTY HEALTH DEPT 400.00 351763 04/06/2017 CITY OF VERO BEACH 14,564,84 351764 04/06/2017 CITY OF VERO BEACH 4,743.75 351765 04/06/2017 STEPHEN WOJTASZEK 48.71 351766 04/06/2017 CHAPTER 13 TRUSTEE 201.08 351767 04/06/2017 COMPBENEFITS COMPANY 80.16 351768 04/06/2017 COLONIAL LIFE & ACCIDENT INS CO 21.24 351769 04/06/2017 FLORIDA GOVERNMENT FINANCE 36.00 351770 04/06/2017 FLORIDA GOVERNMENT FINANCE 275.00 351771 04/06/2017 JANITORIAL DEPOT OF AMERICA INC 369.96 351772 04/06/2017 FLORIDA DEPT OF EDUCATION 78.86 P8 TRANS NBR DATE VENDOR AMOUNT 351773 04/06/2017 ARTHUR J GALLAGHER RISK MGMT SERV INC 4,903.00 351774 04/06/2017 FEDERAL EXPRESS CORP 52.00 351775 04/06/2017 ELIZABETH MARTIN 97.01 351776 04/06/2017 FLORIDA FIRE CHIEFS ASSOCIATION 380.00 351777 04/06/2017 CITY OF SEBASTIAN 21,935.10 351778 04/06/2017 TIMOTHY ROSE CONTRACTING INC 166,492.34 351779 04/06/2017 JOHN KING 400.00 351780 04/06/2017 CALLAWAY GOLF SALES COMPANY 5,324.58 351781 04/06/2017 FLORIDA POWER AND LIGHT 5,510.57 351782 04/06/2017 FLORIDA POWER AND LIGHT 1,235.61 351783 04/06/2017 PHILLIP J MATSON 40.81 351784 04/06/2017 TAYLOR MADE GOLF CO INC 865.10 351785 04/06/2017 BRE-CLEARWATER OWNER LLC 576.00 351786 04/06/2017 BRE-CLEARWATER OWNER LLC 210.00 351787 04/06/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 2,916.67 351788 04/06/2017 CITY OF FELLSMERE 25.07 351789 04/06/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 351790 04/06/2017 JASON E BROWN 130.00 351791 04/06/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 8.74 351792 04/06/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 351793 04/06/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 351794 04/06/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 399.00 351795 04/06/2017 GERALD A YOUNG SR 120.00 351796 04/06/2017 GREY HOUSE PUBLISHING 94.50 351797 04/06/2017 COUNTY VETERAN SERVICE OFFICERS 320.00 351798 04/06/2017 ALAN C KAUFFMANN 200.00 351799 04/06/2017 NAEMT 60.00 351800 04/06/2017 TOTAL PRINT INC 126.00 351801 04/06/2017 INDIAN RIVER COUNTY HISTORICAL 4,743.75 351802 04/06/2017 BRIDGESTONE AMERICAS INC 393.96 351803 04/06/2017 CONSTRUCTION LICENSING OFFICIALS 350.00 351804 04/06/2017 ST LUCIE COUNTY BOCC 237,698.00 351805 04/06/2017 FLORIDA SECTION IMSA 150.00 351806 04/06/2017 TRANE US INC 2,990.72 351807 04/06/2017 TRADEWINDS ISLAND GRAND BEACH RESRT 462.00 351808 04/06/2017 CELICO PARTNERSHIP 120.03 351809 04/06/2017 ANIXTER INC 650.00 351810 04/06/2017 VAN WAL INC 128.00 351811 04/06/2017 JOSEPH W VASQUEZ 180.00 351812 04/06/2017 JOHNS EASTERN COMPANY INC 50,000.00 351813 04/06/2017 M-B COMPANIES INC 20,820.54 351814 04/06/2017 ETR LLC 4,718.97 351815 04/06/2017 STAPLES CONTRACT & COMMERCIAL INC 710.43 351816 04/06/2017 SAFETY HARBOR RESORT AND SPA 432.00 351817 04/06/2017 SAFETY HARBOR RESORTAND SPA 432.00 351818 04/06/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 351819 04/06/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 366.47 351820 04/06/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 351821 04/06/2017 GARY L EMBREY 60.00 351822 04/06/2017 UNDERSEA SYSTEMS INTERNATIONAL INC 172.99 351823 04/06/2017 MOORE MEDICAL LLC 517.06 351824 04/06/2017 GLOBALSTAR USA 146.43 351825 04/06/2017 JACE CHANDLER & ASSOCIATES INC 4,335.00 351826 04/06/2017 FISHER & PHILLIPS LLP 2,570.50 351827 04/06/2017 BRIAN COFFEY CONSTRUCTION INC 8,491.65 351828 04/06/2017 MICHAEL KORPAR 60.00 351829 04/06/2017 BRAD GRASMAN 69.64 351830 04106/2017 TREASURE COAST FOOD BANK INC 410.92 351831 04/06/2017 DANA SAFETY SUPPLY INC 108.00 351832 04/06/2017 MICHAEL ALEXANDER 57.42 4 P9 TRANS NBR DATE VENDOR ' AMOUNT 351833 04/06/2017 SECURITYMETRICS 839.98 351834 04/06/2017 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 351835 04/06/2017 GUETTLER BROTHERS CONSTRUCTION LLC 10,407.13 351836 04/06/2017 GUETTLER BROTHERS CONSTRUCTION LLC 14,924.10 351837 04/06/2017 ECMC 254.59 351838 04/06/2017 PICTOMETRY INTERNATIONAL CORPORATION 86;483.25 351839 04/06/2017 JOSEPH CATALANO 4000 351840 04/06/2017 MARIA RESTO 529.88 351841 04/06/2017 BERMUDA SANDS APPAREL LLC 360.00 351842 04/06/2017 PROMATIC INC 65.40 351843 04/06/2017 HEATHER HATTON 80.00 351844 04/06%2017 REPROGRAPHIC SOLUTIONS INC 78.18 351845 04/06/2017 LOWES HOME CENTERS INC 68.03 351846 04/06/2017 CB&I COASTAL PLANNING & ENGINEERING INC 5,804.64 351847 04/06/2017 ALEX MIKLO 50.00 351848 04/06/2017 PENGUIN RANDOM HOUSE LLC 597.90 351849 04/06/2017 CARMEN LEWIS 128.00 351850 04/06/2017 STRAIGHT OAK LLC 291.30 351851 04/06/2017 DEBORAH CUEVAS 54.00 351852 04/06/2017 FLORIDA TRAVEL VACATIONS INC 595.00 351853 04/06/2017 FAMILY SUPPORT REGISTRY 156.45 351854 04/06/2017 BERNARD EGAN & COMPANY 44.162.04 351855 04/06/2017 AMERITAS 25,738.22 351856 04/06/2017 RONALD NICHELSON 60.00 351857 04/06/2017 RELIANT FIRE SYSTEMS INC 170.00 351858 04/06/2017 MICHAEL EDWARD HAMILTON 300.00 351859 04/06/2017 ANFI£LD CONSULTING GROUP INC 10,000.00 351860 04/06/2017 ENCORE ONE LLC 1,773.70 351861 04/06/2017 JOSEPH DIZONNO 120.00 351862 04/06/2017 KENDRA COPE 4.45 351863 04/06/2017 TRIBOND LLC 8,167.44 351864 04/06/2017 RED THE UNIFORM TAILOR 117.00 351865 04/06/2017 MILNER SPORTS LLC 1,040.00 351866 04/06/2017 UNIFIRST CORPORATION 332.87 351867 04/06/2017 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 615.61 351868 04/06/2017 OKESPORTS INC 771.40 351869 04/06/2017 SITEONE LANDSCAPE SUPPLY LLC 455.42 351870 04/06/2017 GOTTA GO GREEN ENTERPISES INC 98.64 351871 04/06/2017 RACHELFRIEND 57.49 351872 04/06/2017 ADVANCE STORES COMPANY INCORPORATED 12.12 351873 04/06/2017 GUARDIAN ALARM OF FLORIDA LLC 198.00 351874 04/06/2017 EGP DOCUMENT SOLUTIONS LLC 100.00 351875 04/06/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 62.00 351876 04/06/2017 RUSSELL L OWEN 111 60.00 351877 04/06/2017 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS" 576.00 351878 04/06/2017 VERO HYDRAULICS 220.62 351879 04/06/2017 CERES ENVIRONMENTAL SERVICES 643,468.72 351880 04/06/2017 LBS POWER TECHNOLOGIES INC 986.00 351881 04/06/2017 AC VETERINARY SPECIALTY SERVICES 290.36 351882 04/06/2017 EDWARD ILLIDGE 60.00 351883 04/06/2017 SILVIO MARTINEZ 16.00 351884 04/06/2017 JONATHAN DALESSIO 40.00 351885 04/06/2017 PEOPLE READY INC 874.08 351886 04/06/2017 ADM VENTURES INC 190.65 351887 04/06/2017 MEDICAL HOTSPOTS INC 63.54 351888 04/06/2017 ROBERT O RICHARDSON 111 40.00 351889 04/06/2017 CREATIVE EMPIRE LLC 6,360.00 351890 04/06/2017 RAUL E VIVANCO 240.00 351891 04/06/2017 CANARX GROUP INC 9,974.70 351892 04/06/2017 COLE AUTO SUPPLY INC 387.03 P10 TRANS NBR DATE VENDOR AMOUNT 351893 04/06/2017 KREMEDY LLC 1,392.00 351894 04/06/2017 WANSER CONSTRUCTION COMPANY INC 24,661.00 351895 04/06/2017 DARREN WARMOUTH 120.00 351896 04/06/2017 BARBARA B STEWART 150.00 351897 04/06/2017 COREY GRALEY 60.00 351898 04/06/2017 MCLAUGHLIN PROPERTIES LLC 650.00 351899 04/06/2017 SUPER SMITH BROTHERS ENT LLC 15.00 351900 04/06/2017 GREGORY SHEAR 1,000.00 351901 04/06/2017 TIGHTROPE MEDIA SYSTEMS INC 1,200.00 351902 04/06/2017 AMBER LAVERS 500.00 351903 04/06/2017 FLORDIA COMETS 359.37 351904 04/06/2017 JESSICA JENKINS 150.00 351905 04/06/2017 LEXINGTON PLACE HOA 131.28 351906 04/06/2017 AMWAY GRAND PLAZA 654.00 351907 04/06/2017 HUMAN RESOURCE CERTIFICATION INSTITUTE INC 150.00 351908 04/06/2017 LINDA FULMER 45.44 351909 04/06/2017 EVERHOME MORTGAGE CO 79.11 351910 04/06/2017 UTILREFUNDS 50.00 351911 04/06/2017 UTIL REFUNDS 3990 351912 04/06/2017 UTIL REFUNDS 58.76 351913 04/06/2017 UTILREFUNDS 36.76 351914 04/06/2017 UTILREFUNDS 35.88 351915 04/06/2017 UTIL REFUNDS 200.00 351916 04/06/2017 UTIL REFUNDS 81.48 351917 04/06/2017 UTIL REFUNDS 45.35 351918 04/06/2017 UTILREFUNDS 299.51 351919 04/06/2017 UTILREFUNDS 61.44 351920 04/06/2017 UTILREFUNDS 35.97 351921 04/06/2017 UTILREFUNDS 19.38 351922 04/06/2017 UTIL REFUNDS 177.91 351923 04/06/2017 UTIL REFUNDS 5.23 351924 04/06/2017 UTIL REFUNDS 45.93 351925 04/06/2017 UTIL REFUNDS 56.67 351926 04/06/2017 UTIL REFUNDS 64.00 351927 04/06/2017 UTIL REFUNDS 125.92 351928 04/06/2017 UTIL REFUNDS 30.03 351929 04/06/2017 UTILREFUNDS 31.77 351930 04/06/2017 UTIL REFUNDS 175.11 351931 04/06/2017 UTIL REFUNDS 6.01 351932 04/06/2017 UTIL REFUNDS 42.89 351933 04/06/2017 UTIL REFUNDS 57.69 351934 04/06/2017 UTIL REFUNDS 39.33 351935 04/06/2017 UTIL REFUNDS 11.10 351936 04/06/2017 UTIL REFUNDS 80.13 351937 04/06/2017 UTIL REFUNDS 33.49 351938 04/06/2017 UTIL REFUNDS 46.54 351939 04/06/2017 UTIL REFUNDS 32.06 351940 04/06/2017 UTIL REFUNDS 41.12 351941 04/06/2017 UTILREFUNDS 101.50 351942 04/06/2017 UTILREFUNDS 35.92 351943 04/06/2017 UTIL REFUNDS 73.68 351944 04/06/2017 UTIL REFUNDS 129.02 351945 04/06/2017 UTIL REFUNDS 39.04 351946 04/06/2017 UTILREFUNDS 30.31 351947 04/06/2017 UTIL REFUNDS 35.88 351948 04/06/2017 UTIL REFUNDS 65.72 351949 04/06/2017 UTIL REFUNDS 81.63 351950 04/06/2017 UTIL REFUNDS 45.35 351951 04/06/2017 UTIL REFUNDS 48.67 351952 04/06/2017 UTIL REFUNDS 97 11 P11 TRANS NBR DATE VENDOR 351953 04/06/2017 UTIL REFUNDS 351954 04/06/2017 UTIL REFUNDS 351955 04/06/2017 UTIL REFUNDS 351956 04/06/2017 UTIL REFUNDS 351957 04/06/2017 UTIL REFUNDS 351958 04/06/2017 UTIL REFUNDS Grand Total: AMOUNT 35.20 41.91 3.62 70.43 43.15 71.55 1,741,88933 P12 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR .DATE VENDOR AMOUNT 1011074 03/31/2017 COPYCOINC 84.05 1011075 03/31/2017 HENRY SCHEIN INC 577.93 1011076 03/31/2017 COLD AIR DISTRIBUTORS WAREHOUSE 206.80 1011077 03/31/2017 INDIAN RIVER BATTERY 168.00 1011078 03/31/2017 MIKES GARAGE & WRECKER SERVICE INC 55.00 1011079 03/31/2017 SMITH BROTHERS CONTRACTING EQUIP 248.11 1011080 03/31/2017 GALLS LLC 795.32 1011081 03/31/2017 ABCO GARAGE DOOR CO INC 95.00 1011082 03/31/2017 GROVE WELDERS INC 53.14 1011083 03/31/2017 RECORDED BOOKS LLC 407.80 1011084 03/31/2017 SOUTHERN COMPUTER WAREHOUSE 6,183.20 1011085 03/31/2017 ROGER CLEVELAND GOLF INC 848.28 1011086 03/31/2017 GLOBAL GOLF SALES INC 503.96 1011087 03/31/2017 BARKER ELECTRIC, AIR CONDITIONING 337.00 1011088 03/31/2017 METRO FIRE PROTECTION SERVICES INC 455.00 1011089 03/31/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 393.90 1011090 03/31/2017 BENNETTAUTO SUPPLY INC 303.86 1011091 03/31/2017 PROTRANSMASTE.RS 11 INC 834.58 1011092 03/31/2017 L&LDISTRIBUTORS 315.47 1011093 03/31/2017 PACE ANALYTICAL SERVICES INC 108.00 1011094 04/04/2017 COLD AIR DISTRIBUTORS WAREHOUSE 81.93 1011095 04/04/2017 INDIAN RIVER OXYGEN INC 85.00 1011096 04/04/2017 DEMCOINC 85.62 1011097 04/04/2017 MIKES GARAGE & WRECKER SERVICE INC 185.00 1011098 04/04/2017 GROVE WELDERS INC 116.85 1011099 04/04/2017 SOUTHERN COMPUTER WAREHOUSE 1,830.43 1011100 04/04/2017 MIDWEST MOTOR SUPPLY CO 129.69 1011101 04104/2017 RECHTIEN INTERNATIONAL TRUCKS 480.23 1011102 04/04/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 116.40 1011103 04/04/2017 BENNETTAUTO SUPPLY INC 170.87 1011104 04/04/2017 WRIGHT FASTENER COMPANY LLC 387.00 1011105 04/05/2017 EVERGLADES FARM EQUIPMENT CO INC 1,391.77 1011106 04/05/2017 HENRY SCHEIN INC 1,447.25 1011107 04/05/2017 COLD AIR DISTRIBUTORS WAREHOUSE 165.68 1011108 04/05/2017 GROVE WELDERS INC 403.19 1011109 04/05/2017 ROGER CLEVELAND GOLF INC 3,215.17 1011110 04/05/2017 TOTAL TRUCK PARTS INC 74.72 1011111 04/05/2017 COMO OIL COMPANY OF FLORIDA 204.11 1011112 04/05/2017 GLOBAL GOLF SALES INC 44.47 1011113 04/05/2017 SOUTHERN JANITOR SUPPLY INC 1,196.85 Grand Total: 24,786.63 P13 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5027 03/31/2017 KIMLEY HORN & ASSOC INC 20,437.12 5028 03/31/2017 INTEGRITY LAWNS LLC 1,750.00 5029 03/31/2017 CDM SMITHINC 12,937.60 5030 04/03/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER 245,529.67 5031 04/03/2017 CLERK OF CIRCUIT COURT 80,959.25 5032 04/03/2017 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 86,512.37 5033 04/03/2017 JOSEPH G MILLER 1,000.00 5034 04/03/2017 AGENCY FOR HEALTH CARE ADMIN 13,173.89 5035 04/03/2017 US BANK 692,025.00 5036 04/03/2017 INDIAN RIVER COUNTY SHERIFF 4,050,453.65 5037 04/03/2017 1 R C HEALTH INSURANCE - TRUST 566,460.98 5038 04/03/2017 FL RETIREMENT SYSTEM 508,366.64 5039 04/04/2017 HEALTH ADVOCATE 1,141.80 5040 04/04/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 17,687.52 5041 04/04/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 34,565.40 5042 04/04/2017 MUTUAL OF OMAHA 16,147.18 5043 04/04/2017 CHARD SNYDER & ASSOCIATES INC 276.80 5044 04/05/2017 MUTUAL OF OMAHA 7,019.86 5045 04/06/2017 ALLSTATE 292.22 5046 04106/2017 AMERICAN FAMILY LIFE ASSURANCE CO 18,116.72 Grand Total: 6,374,853.67 P14 CONSENT AGENDA: 4/18/17 VJQ Office of INDIAN RIVER COUNTY 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: April 7, 2017 SUBJECT: Resolution Authorizing the Requesting an Easement for Lease by Indian River County ATTORNEY Submittal of an Application to FDEP Utilities on State Owned Uplands under With regard to temporary Fire Station #15 at the North County Regional Park, the County, as the utility service provider, will require a utility easement for the water line servicing the modular structure. Since Indian River County manages the property under Lease Agreement No. 4490 and Sublease No. 4490-1, with the Board of Trustees of the Internal Improvement Trust Fund, an Application for the Use of State Owned Uplands is required to be submitted; and a formal resolution of the Board of County Commissioners requesting such an easement must accompany the application. Presented herewith for consideration and adoption is a resolution authorizing the submittal of an application to FDEP requesting a utility easement for the water line. FUNDING: There is no cost associated with the application. RECOMMENDATION: Adopt the resolution, and authorize the Chairman to execute same for submitting with the application request to the Florida Department of Environmental Protection. nhm attachments: Resolution Application P15 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUESTING AN EASEMENT FOR UTILITIES ON STATE OWNED UPLANDS UNDER LEASE BY INDIAN RIVER COUNTY. WHEREAS, the 2016 Management Plan/Operational Report for North County Regional Park and Airmasters Field (Lease 4490 and Sublease 4490-1) accepted by Florida Department of Environmental Protection, Division of State Lands on April 26, 2016, recited that planned additional use of the property was to include of a temporary fire station on a portion of a previously developed parking area associated with the pool complex; and WHEREAS, it is necessary that the fire station connect to water services which are in close proximity to the property; and WHEREAS, a grant of a utility easement to Indian River County (the utility service provider) by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida would be necessary in order for water services to be available to the structure; and WHEREAS, an application for the use of state owned uplands is required to be submitted to the Florida Department of Environmental Protection in order to start the review process for the granting of such easement, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1 P16 RESOLUTION NO. 2017- 1. The foregoing recitals contained in the .preamble to this resolution are incorporated by reference herein. 2. Staff is authorized to proceed with submitting an application request for a utility easement to the Florida Department of Environmental Protection with regard to water service to the fire station located on a portion of a previously developed parking area associated with the pool complex within the North County Regional Park and Airmasters Field (Lease 4490 and Sublease 4490-1). This 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 Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of April, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Joseph E. Flescher, Chairman 2 APPROVED AS TO FORM AND LEGAL SUFFICIEN BY DYLAN REINGOLD COUNTY ATTORNEY P17 APPLICATION FOR THE USE OF STATE OWNED UPLANDS BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FLORIDAROPROTECTION c �i/ .roySiAEftyEF , P18 Instructions and general guidance for completing this application: *Please be advised that the information requested herein, is to provide DEP the necessmy information to complete the requested authorization. This application is comprised of two (2) separate sections that are outlined and described as follows: Section �.(eeneratrLriform ttoa n This section is used to indicate what type of upland authorization is requested. It is also used for contact information relative to the applicant and/or their representative. In addition, some general property information should be entered. ectibn 2 — Oth&r pecific.Information This part requests specific information relative to the type of upland authorization requested. What Section(s) or Part(s) must be completed? The table below depicts the applicable section(s) or part(s) that must be completed before submitting the application: Type of Authorization . 9 "' c : �. x" ;, .,��. • �:^, , r. :Re 3 ;� Section(s) or Part(s) to be completed ested/yF i ` Section Section 2- 1 Part B _ _ Part C =. P#rt D - PartE Lease ✓ ✓ -� t Sublease ✓ __,� ? .Y a Easement ✓ t • e. ✓ N �+ y, Use A reement ✓ .,' ✓ r• Conve ance ✓ ;�, t ,� r• tMi *This Includes types such as Letter ofConsent, Estoppel, Affid W4 etc. PRIOR TO COMPLETING THIS APPLICATION, PLEASE BE ADVISED THAT: Any application to use state land which would result in significant adverse impact to state land or associated resources shall not be approved unless the applicant demonstrates there is no other alternative and proposes compensation or mitigation acceptable to the Board of Trustees pursuant to paragraph 18-2.018(2)(1), Florida Administrative Code. Any requested use of state land which has been acquired for a specific purpose, such as conservation and recreation lands, shall be consistent with the original specified purpose for acquiring such land pursuant to paragraph 18- 2.018(2)(c), Florida Administrative Code. SPECIAL NOTE TO ALL APPLICANTS: SUBMITTAL OF A COMPLETE APPLICATION SHALL NOT OPERATE TO CREATE ANY RIGHTS OR CONSTITUTE ANY GROUNDS FOR THE DEPARTMENT TO RECOMMEND APPROVAL OF ANY REQUESTED USE OF STATE LAND THE BOARD OF TRUSTEES HAS THE AUTHORITY AND RESERVES THE RIGHT TO DENY ANY APPLICATION. ALL COSTS INCURRED BY APPLICANTS COMPLYING WITH THE REQUIREMENTS OF THIS APPLICATION SHALL BE AT THEIR OWN RISK COSTS ASSOCIATED WITH OBTAINING AN AUTHORIZATION ARE NON-REFUNDABLE AND SHALL BE ASSUMED BY THE APPLICANT INCLUDING, BUT NOT LIMITED TO, ALL APPRAISALS, ALL SURVEYS, ALL TITLE SEARCHES, AND ALL RECORDING FEES. Completed Applications with any and all required attachments shall be electronically submitted to Up_i_and.Applications(aidep.state.fl.us. Please be advised that applications deemed incomplete will be immediately returned to the Applicant with a request to provide any outstanding items. If unable to send electronically, mail (1) one hard copy to the address below: Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Boulevard, MS 130 Tallahassee, Florida 32399-3000 ?, Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 2 of 6 P19 REOUESTED ACTION M New ❑ Release ❑ Assignment/Assumption ❑ Amendment ❑ Partial Release AUTHORIZATION REQUESTED ❑ Lease Easement ❑ Conveyance ❑ Sublease ❑ Use Agreement ❑ Other: TYPE OF ENTITY REQUESTING AUTHORIZATION ❑ State Agency ❑✓ Federal, Regional or Local Agency ❑ Private — Please indicate if commercial: ® YES ® NO Applicant Inf'6rmation Legal Name of Lessee/Grantee: Indian River County, Florida Contact Name: Arjuna Weragoda Title: Capital Projects Manager Address: 1801 27th Street City: Vero Beach State: FL Zip: 32960 Phone (1): 772-226-1821 Phone (2): Fax: Email Address: aweragoda@iregov.com Billing Information. (ifsame asabove dheck•heret n ) Name: Arjuna Weragoda Title: Capital Projects Manager Company: Indian River County Department of Utility Services Address: 1801 27th Street City: Vero Beach State: FL Zi : 32960 Phone (1): 772-226-1821 Phone (2): Fax: Email: aweragoda@iregov.com Reuresentatiye,Infbrmatibn: (Only corrrolete ifsomeone wilbbe handling this transaction on your behalf) Name: Title: Company: Address: City: State: Zip: Phone (1): Phone (2): Fax: Email Address: ManazementPhin or Land.Use•P1an,Contact.Iaf6rmation (for- Leases/Sub72ases only) Name: Roland DeBlois Title: Chief, Environmental Planning Phone (1): 772-226-1258 Phone (2): Fax: Email Address: rdeblois@ircgov.com 99" Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 3 of 6 P20 �4 _ _ : _ _';ecti0n•.p,eneral.Informtifixi<w(con#la) ___. _ w-.� Estimated construction commencement date (if applicable): 9/19/16 (permit issued Erb ertV Information County: Indian River Property Appraiser's Parcel ID Number: 31-38-22-00000-1000-00001.0 Section: 22 Township 31 Range: 38 Approximate Acres: 165.24 Zoning Designation: CON -i Location Address: 9450 C.R- 512 City Sebastian State: FL Zip 32958 Descriptive Narrative descfibing the:intendedkiise-ofthe.32ronem Narrative shwl include the,following• *Narrative can be attached as a separate page(s). a) The requested term, which shall not be greater than is necessary to provide for the reasonable use of the state land and shall not be greater than the parent lease term. b) The need for the proposed use of state lands and written evidence that all other alternatives to the use of state lands have been denied. c) Projected revenue to be generated from the use of state lands. d) Whether the intended use is public or private and the extent ofpublic access for such use. e) A statement describing the public benefits that will occur as a result of the proposed use of state lands. Please see separate page. _ _ ~ S:ectioiikl �,CeneralJnformati6n;,(cont4d) Required Attachments The following must be completed and attached for all types of authorization requests. 0 A recent aerial photograph with the boundaries of the proposed project _✓I A county tax map identifying the parcel(s). A letter from the applicable local planning agency stating that the proposed use of state lands is consistent with the local government comprehensive plan. Non-refundable $300 application fee per 18-2.019(6), F.A.C. (does not apply to State/Federal agencies) _ 1 A certified survey* or sketch of description**, which contains the boundaries, legal description(s), and acreage of the property. *The Department, at its discretion and if deemed necessary, can require a boundary survey for the action requested. **If the applicant chooses to submit a sketch of description .it must include a note of what field methods were used to complete the sketch. Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 4 of 6 P21 Slectionn2:z.--Oth-er.Siaec4 formation A) Leases:. Parent Lease number (if existing): A statement describing the public benefits that will occur as a result of the proposed lease; how the` -lease will impact local resources and the general public; and how the proposed lease of state land will not be contrary to the public interest. A written stment from the managing agency agreeing to lease the state-owned parcel(s). For Leases subject o Section 253.034(13), F.S., provide a business plan with the pertinent information required by Statute Any Private entity applying for a lease, ust also include: L A written commitment to pay a le fee based on the appraised market value of the proposed lease. � Names and addresses, as shown on the st county tax assessment roll, of all property owners lying with a 500 -foot radius of the state land prop ed for lease, certified by the county property appraiser. Any Local Governments applying for a lease, must also inclu A formal resolution adopted by the Board of County/Ci ommissioners requesting the proposed lease. If applying for a Full Release or Partial Release of Lease, please complete the ' ems below: Are there any subleases, sub -sub leases, etc. within the area requesting to be released? YES ONO If so, has notification of the intent to release been provided? ES O NO �_ A written statement confirming that Lessee understands the release will not be execu d until the property is leased or sold to another entity. Lessee will remain under lease and will cont a to be responsible for the maintenance and upkeep of the property until the release is executed by Board of Trustee. tB) Subleases: Sublea number of existing sublease (if applicable): Parent L umber (if applicable): A wrn statement from the managing agency approving the proposed action, along with a statement describing w the sublease conforms to the management plan or land use plan when the sublease application invo s state land that is under lease. Any Private entity applying for a su ust also include: E_ A written commitment to p�ase ylease fee based on one of the following: (1) appraised market value, (2) negotiated value or (3) competiti id. Any Local Governments applying for a sublease, must a include: _E A formal resolution adopted by the Board of County ' Commissioners requesting the proposed sublease. If applying for a Full Release or Partial Release of Sublease, please comp)W the items below: Are there any sub -sub leases, etc. within the area requesting to be released? Q YES ONO If so, has notification of the intent to release been provided? YES ONO A written statement confirming that Lessee understands the release will not be exec until the property is leased or sold to another entity. Lessee will remain under lease and will cont to be responsible for the maintenance and upkeep of the property until the release is executed by th card of Trustee. z Application for the Use of State Owned Uplands fj Florida Department of Environmental Protection Page 5 of 6 P22 4c) Easements. *Applicants applying for an easement across state land which is managed for the conservation and protection of natural resources shall be required to provide net positive benefit as defined in subsection 18-2.017(38), Florida Administrative Code, if the proposed easement is approved. Parent Lease number (if applicable): 4490 M_ A written statement from the managing agency approving the proposed action, along with a statement describing how the proposed easement conforms to the management plan or land use plan (when the easement application involves state land which is under lease or sublease. Any Private entity applying for a private Easement, must also include: El The applicable application fee per 18-2.019(6), F.A.C. A written commitment to pay an easement fee based on the appraised market value of the proposed easement. Any Local Governments applying for an Easement, must also include: A formal resolution adopted by the Board of County/City Commissioners requesting the proposed easement. Use=Agreements. Parent Lease ber (if applicable): Please indicate what type of use ment is requested: ® Well -Monitoring Beach (Re)Nourishment 0 Geophysical er: F–I— A written statement from the managing agency approving t e d�osed action, along with a statement describing how the proposed use agreement conforms with the manag�n Ian or land use plan when the use agreement application involves state land which is under lease or subleas M Release o Restrictions) n Modification of Deed Res . _1 Reverter Deeds F— DACS Conveyance (DSL -5) Pursuant to s. 253.025(13)(a), �.. Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 6 of 6 P23 It is requested that a utility easement be granted to the utility service provider (Indian River County) in order to minimize potential adverse impacts to the surficial acquifer. Additionally, the public benefits derived in the first five years from connecting public water to serve the modular structure to be used as a temporary fire station on the property is as follows: * will have first responder coverage, a critical component to the onsite pool, baseball and soccer fields; * 24/7 presence on the leased property * increased responder coverage to the Special Olympians State Swim Meet held annually at the North County pool; * responders have close proximity to the North County pool which is a decontamination site for the St. Lucie Nuclear Power Plant * responders have close proximity to a senior, middle and 2 elementary schools After five years, the fire station would be turned over to the Indian River County Recreation Department and used for office space, a training classroom and other public recreational related .uses, whereby the utility easement would continue to benefit the property and the public. No revenue will be generated from either the temporary fire station nor the recreational use. P24 Y• ' , j ctj a �'� � 1 y e �• f�. ,� � �• � R' lC iY r � ' i S � tZr r .�1 �S' 1 `��' �;�,.�Y 1 >S_ 'i,�•i. Y �.t� yt;t t � r� a •� r � 4 JrAq 1 '• 2— � �rC '. ,} �` i Q j•� : ' 115. TfVTj. Jll fm ti. v;;; PROJECT SITE-� �.. ('-. IRC FIRE STATION #15 N 9450 CR 512, Sebastian, FL 32958 Parcel # 31-38-22-00000-1000-00001.0 1 inch = so fee P25 Section. 22 31S -38E INDIAN RIVER COUNTY TAX MAP , 70777 atDr.tm7 � —� David C. Nolte «� " Property Appraiser 1 �° 15' t 1101 our webtsfe at 22 _ - !nvtvlrrjw.nrg /�_ , 01 1 0 = .+ abm 6*' Ye• '� oao fit,. , aoeoo 170E � b b �S . r~ Gov LOT 1 - ------------ Section 22 _ 121 31S -38E ci f< MAP to: 07.31 n LEGEND - T 3 09 y wNee.r 7mbb •. _ O ammwten e•wa•em 19 &mdnw°n Nme.ratlnw _ _ _ _ a0e 1< '-------------------------'---_ 7' - . r _ - .. i - cm 7 meatams.. ^0 —Lim. TR_1rNam.i.. i t •• i . e....... � $ rueN a.uOwt Pen. ! f `' 0tI ti' 777w crown n0.rpn.an•WM-...,._..�,� zao `, ram 03 0.0 ae•n/onMRDw N C.n•I. �r 'C: Sw0 1laNlMnb 1D +ob a ° n -"' `� S7 "•;01 /V mf�MD �) � Nitta ��fllrSrl iu= /�/ rb.wPwro atqu /V scene u N: N W+E Me m a7mo 2.00 '<' ! < i e� , ss soao0°°701 �, 1 Inch = 400 feet ''t `. 2i 22 0oe70 >� d) z11 z7 _. .000° INFORMATIONAL PLAT - NOT A SURVEY The inform9eatt oontelnad hoWn lb taken from roBaMe &Dunes eM Me However, 8e eooureay k not gutmbed !mb UM t°p P 0rm Stale Rana Coord nates, Florid& Eaat Zona NAD83 Datum 0° Date; 9/1612016 li R ebL p April 3, 2017 Nancy H. Mossali Office of County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 INDIAN RIVER COUNTY Environmental Planning & Code Enforcement Section 1801 27th Street, Vero Beach FL 32960 772-226-1249 / 772-978-1806 fax www.ircgov.com Re: Water Line Easement for Temporary Fire Station #15 at North County Regional Park; Consistency with Indian River County's Comprehensive Plan Dear Nancy: This letter is to confirm that the proposed easement for water line service to the temporary fire station (Station # 15) at the North County Regional Park is consistent with Indian River County's 2030 Comprehensive Plan. The temporary fire station, as referenced in the State approved 2016 Land Use Plan/Operational Report for the North County Regional Park (Lease 4490 and Sublease 4490-01), serves County Future Land Use Element Policy 3.8, relating to Fire/EMS level -of -service (LOS); the water line service promotes Future Land Use Element Policy 7.9 regarding extension of public water lines to minimize potential adverse impacts to the surficial aquifer; and the water line service is in compliance with County Potable Water Sub -element Policy 7.1, which restricts use of private wells for water supply to limited categories. If you or others have any questions, please let me know. I can be reached at (772) 226-1258 or rdeblois(girc ov.com . Sincerely, Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement Section Cc: Stan Boling, AICP MAState Land Lease Mgt Plans\North County Park State Lease Mgt Plan\Fire Station 15 waterline ease comp consist ltr.doc P27 SURVEYOR'S NOTES: 1 UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY, RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORDS. 3. THE EXISTING UTILITIES WITHIN THE SUBJECT PROPOSED EASEMENT WAS FIELD AS -BUILT ON OCTOBER 21, 2016. THE IMPROVEMENTS AND UNDERGROUND UTILITIES SHOWN WITHIN THE ADJACENT EASEMENTS WERE PREVIOUSLY SURVEYED AND OBTAINED FROM PROJECT 00-752S, DRAWING NO. 16420-C1 BY CARTER ASSOCIATES, INC. 4, BEARINGS SHOWN ARE BASED UPON NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2007, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. 5. THIS MAP IS A SKETCH AND DESCRIPTION ONLY A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE BOUNDARY LIMITS OF THE DESCRIBED UTILITY EASEMENT 6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER WITH THE AID OF PREVIOUS SURVEY AND FIELD DATA BY CARTER ASSOCIATES, INC., AND THE "COUNTY SURVEY" OF THE "NORTH COUNTY REGIONAL PARK / ST SEBASTIAN RIVER BUFFER PRESERVE - SITE PLAN", PERFORMED AND PREPARED BY CHARLES CRAMER, INDIAN RIVER COUNTY SURVEYOR, DATED MARCH 18, 1997, PROJECT NUMBER 9703, 7. THIS SKETCH AND DESCRIPTION IS COMPRISED OF 2 PAGES. ONE IS NOT VALID WITHOUT THE OTHER. LEGEND Q SANITARY MANHOLE ® DRAINAGE MANHOLE - CENTERLINE w ® WELL -- RIGHT-OF-WAY HYDRANT — X — X — BARB WIRE FENCE SWL SWALE �Q WATER VALVE wm WATER MAIN ®3 WATER METER FM FIRE MAIN °gyp CLEAN OUT fm FORCE MAIN 04 SEWER VALVE EXIST. EXISTING ® CATCH BASIN N. NORTHING (� CENTERLINE E. EASTING -� SIGN P O.C. POINT OF COMMENCEMENT LIGHT POLE (D) DESCRIPTION CALL ® MAIL OR PAPER BOX C'O_, POWER POLE I.R.C. INDIAN RIVER COUNTY 14- ELECTRIC BOX E. EASTING N OD EXHIBIT'A' DESCRIPTION OF UTILITY EASEMENT FOR THE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES: A TEN FEET WIDE UTILITY EASEMENT, LYING IN PART OF THE INDIAN RIVER NORTH COUNTY REGIONAL PARK LOCATED WITHIN THE ST. SEBASTIAN RIVER BUFFER PRESERVE, IN PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF THE "COUNTY SURVEY" OF THE "NORTH COUNTY REGIONAL PARK / ST. SEBASTIAN RIVER BUFFER PRESERVE - SITE PLAN", PERFORMED AND PREPARED BY CHARLES CRAMER, COUNTY SURVEYOR, DATED MARCH 18, 1997, PROJECT NUMBER 9703, FOR A POINT OF REFERENCE RUN NORTH 89°48'39' WEST ALONG THE "WESTWARD EXTENSION OF THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 22" AS DESCRIBED BY CHARLES CRAMER, A DISTANCE OF 758.86 FEET, THENCE RUN SOUTH 03"1555" EAST ALONG A SURVEY REFERENCE LINE, A DISTANCE OF 1190.02 FEET TO THE CENTER OF AN EXISTING FIRE HYDRANT AND POINT OF BEGINNING OF THE HEREON DESCRIBED CENTERLINE: BEGINNING AT SAID CENTER OF EXISTING FIRE HYDRANT HAVING STATE PLANE COORDINATES OF NORTHING: 1249177.93' AND EASTING: 810919.05', BASED ON THE NORTH AMERICAN DATUM OF 1983/2007 ADJUSTMENT AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901), RUN SOUTH 13"52'09" EAST A DISTANCE OF 13.79 FEET TO A POINT THENCE RUN SOUTH 40°4331" EAST A DISTANCE OF 90.42 FEET TO THE POINT OF TERMINUS HAVING STATE PLANE COORDINATES OF NORTHING: 1249096.01' AND EASTING: 810981.35', SAID POINT OF TERMINUS BEING IN THE CENTER OF THE WEST LEG OF AN EXISTING BACKFLOW PREVENTER. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS, AND SHALL EXTEND 5' TO THE NORTH AND 10' TO THE SOUTH OF THE ENDS OF THE DESCRIBED CENTERLINE, CONTAINING 1,192.15 SQUARE FEET, MORE OR LESS. THIS MAP IS NOT A BOUNDARY SURVEY. - CERTIFIED TO: ' INDIAN RIVER COUNTY DEPARTMENT OF. CPfILIT.K SERVICES INDIAN RIVER COUNTY, FLORIDA`S DEPARTMENT OFEMERGENCY 'SERVCES'- ' FRANK 9. CUCCURESE, FL. PSM C.AJ 205 SIGNATURE DATE ;°"�CARTERASSOCIATES INC. - SHEET 14, „ PRa.n ,a E SKETCH AND DESCRIPTION CONSULTING ENGINEERS AND LAND SURVEYORS °R wN0'0' """ INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SE11 RVICES 1 Of Z APM�' PART OF NORTH COUNTY REGIONAL PARK 1708 21st STREET, VERO BEACH, FL 32960 PUT" P.xc �. SECTION 22, TWP 31 S, RGE 38 E. LR.CO. FL. rei : Irizl ee2ttat FAX: (772) ss2-7180 P0•4 .>+. UTILITY EASEMENT ----._.. _.—._..�._.....___.�. ........._..-_ FA APG F6@1,Pc1H o-, c. 20462-A � V�N POINT-OF-BEGIN NG93 ISTIAN RIVER ISTINGUTILT'EASEMEPRESERVE urlia� � S 13°5209' E 13.79° W 758.86'(D) RD EXTENSION OF \ 1 `fm f - NNE OF S 1I2 OF S 112 OF �y NE 114 OF SECTION 22' -- R r 5/8.0 IRON ROD AND CAP I- -- — — I Z N STAMPED "PSIA 409�� BY _ 1 \ Z $ I I.R.C. SURl2'Y DIVISION �a t-- _._ ..��.._ O CENTEiS.INEOF r-.' NORTH COUNTY PROPOSED EASENEt�T — .. _ \ �I REGIONAL PARK r-----L I \ I �� EXII TING STAfiILI D PARKING EXISTMG UTILITY EASEMENT EXrSTING UTILI EASEMENT jx— \ a 1 3 _ XISTING SAN ARY SEWER POI - OF TER NUS-- // N: 2490 6.01 I \ E• 1098 .35 ` EXIST. MODUL kROFFICE (FIRE STAT ON 15) _— // G� CARTER ASSOCIATES, Q 0 10 20 CONSULTING ENGINEERS AND LAND SURVEYI SALE (I Inc = 20 Feet) 1708 21 St STREET, VERO BEACH, FL 3296( • TEL: (772) 582-4191 FAX: (772) 562-7 - P.O.C. NECORNER OF"NORTH COUNTY REGfONAL PARK' THIS MAP IS NOT A BOUNDARY SURVEY REV 03/16/2017 ADDRESS IRC SURVEYOR COMMENTS, FSC Deports@ 44 m ��e.ntat;Pto April 26, 2016 Florida Department of ° Environmental Protection a Marjory Stoneman Douglas Building w° 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Mr. Michael C. Zito Indian River County Assistant County Administrator 1801 27h Street, Bid. A Vero Beach, Florida 32960 RE: North County Regional Park and Airmaster Field- Lease No. 4490 Airmasters Radio Control Club- Lease No. 4490-01 Dear Mr. Zito: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary The Division of State Lands, Office of Environmental Services has received and reviewed the above mentioned Land Use Plan and find that it complies with the applicable statutes and rules. The next Land Use Plan update will be due by April, 26, 2026. Acceptance of this Land Use plan does not waive the authority or jurisdiction of any governmental entity that may have an interest in this project. Implementation of any activities proposed by this plan may require a permit or other authorization from federal_ and state agencies having regulatory jurisdiction over those particular activities. Sincerely, Joseph Wilson Division of State Lands Office of Environmental Services JW/cb "More Protection, Less Process " x11011, dep. s t a t e.Jl. us P30 CONSENT AGENDA: 4/18/17 ?C- Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners ATTORNEY FROM: William K. DeBraal - Deputy County AttoTe DATE: April 7, 2017 V" K SUBJECT: Release and Satisfaction of Demolition Lien (Lot 13 and the South 1/2 of Lot 14, Block H, Citrus Gardens) On December 12, 2013, Indian River County recorded a demolition lien against Lot 13 and the South 1/2 of Lot 14, Block H in Citrus Gardens in the amount of $2,445.57. The lien has now been satisfied with both the principal amount of the lien and accrued interest being paid. Attached for the Board's consideration is a Release and Satisfaction. FUNDING: There is no cost borne by the County associated with this item. The recordation fee for recording the Release and Satisfaction was addressed in the estoppel letter to the title company. REQUESTED ACTION: Authorize the Chairman to execute the Release and Satisfaction for forwarding to the title company for recordation in the Public Records of Indian River County, Florida. nhm Attachment: Release and Satisfaction P31 This document was prepared by: Office of Indian River County Attorney 1801 271h Street Vero Beach, FL 32960 772-226-1425 RELEASE AND SATISFACTION FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases that certain Lien for removal of a nuisance structure recorded in Book 2723, Page 638 as well as that certain Certificate of Building Official, recorded in Book 2642, Page 329; and the following property recited in Resolution No. 2013-012, recorded in Book 2674, Page 431, all of the Public Records of Indian River County, Florida: Lot 13 and the South Y2 of Lot 14, Block H, Citrus Gardens, as per plat thereof, recorded in Plat Book 3, at Page 81, of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of April, 2017. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA :r Joseph E. Flescher, Chairman BCC approved: The foregoing instrument was acknowledged before me this day of April, 2017 by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to form and legal suffici William K. De raal Deputy County Attorney P32 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: April 3, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Work Order No. 13 with KHA — Roseland Elevated Tank Conversion -UCP 4136 DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) maintains and operates three (3) elevated tanks, specifically known as Kings Highway, Gifford and Roseland tanks. The existing elevated remote storage tanks provide system storage and are intended to provide water supply during high demands. Normal operation is to fill during low demands and drain during high demands, allowing turnover of the water within the tank to prevent stale water. Altitude valves are typically used at elevated tanks to prevent overflow of the tank during low demands/higher system pressures, but then open during high demands/low system pressures to allow supply of water to the system. The Roseland elevated tank is a steel hydro -pillar type that has a common inlet/outlet pipe that operates similarly to the Gifford tank. The existing Roseland tank configuration does not function as a normal elevated storage tank that ,provides capacity during peak system demands. Due to elevation limitations, the tank cannot operate properly and can only provide fire flow and peak hour pumping capacity when system pressures are less than 45 psi. Typically the County watermain system is maintained at a pressure of approximately 65 psi. System pressures of less than 45 psi are experienced when a main break occurs or county -wide flushing has been undertaken. Kimley-Horn and Associates (KHA), IRCDUS's consulting engineer, considered a few options for the Roseland tank. The following were considered and evaluated: • Option 1: Remove the tank from service and demolish, • Option 2: Raise the tank to the proper elevation, or • Option 3: Convert the tank to a remote "elevated" ground storage tank and booster pump station Option 1: Based on existing operating conditions and hydraulic profiles, the tank is not useful and should be removed from service. This option considers the tank useless and should be demolished and removed from service. The Roseland tank is approximately 21 years old. From an operational standpoint, the existing tank in its current configuration is dysfunctional. Additionally, although fire flow capacity can be met without the Roseland tank, it is believed that an elevated tank or C:\Users\GRAN IC-1\App Data\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@58054AA9\@BCL@58054AA9.docx P33 re -pump may be needed to provide fire flow in the Roseland area in the future. A new tank of this size may be upwards of $2,000,000. Option 2: Raising the tank is an option that could be performed, but would incur additional costs to elevate the tank, and includes the unknown impact to the foundation of the tank. Elevating the tank would also require it to meet the newer building codes which have more stringent wind loads, requiring foundation bolstering and additional cost. It would also require a review by the Federal Aviation Administration (FAA), who would likely require lights to be added to the elevated structure. It is also the understanding that FAA in the past has not allowed the height to be raised in the subject vicinity. The cost of raising the existing tank is comparable to a new tank. Option 3 (Recommended): Converting the tank to a storage and re -pump station that provides remote storage and re -pumping to the North Roseland service area is an option that would allow IRCDUS to reuse the asset and address future fire flow requirements. The benefits include improving water quality by frequently turning the water over, providing true fire flow protection, and maintaining use of a known asset. Additionally, the existing tank elevation would not be an issue with this option as long as there is a functioning pressure sustaining valve upstream of the tank to prevent over -filling of the tank. Currently, the existing operation of the tank is to utilize one pipe for filling and draining. Depending on system demands, the tankwill fill during low system demands and drain during high demands. The proposed operation is to convert it to a re -pump facility, where it is filled through one pipe, and pumped out via separate outlet pipe as shown in Figure 2 below: The tank essentially separates the distribution system into two regions, upstream (supply) and downstream (demand). The supply region is one which supplies water to the tank and fills the tank at varying rates with a set tank inlet pressure. Filling of the tank would occur during low system demands. This region would consist of the Roseland Road (CR 505) corridor. Discharge from the tank to the downstream region would be through booster pumps which essentially increase and enhance system pressure in the general area, including the Sebastian River Medical Center and the commercial areas along US1. An emergency bypass with valve could boost pressure to both the upstream and downstream sides of the tank during fire flow conditions. The recommended option is to convert the tank to a remote "elevated" ground storage tank and booster re - pump' station. The engineer's opinion of probable cost as of March, 2017 for the conversion is estimated at $950,000.00. This includes two (2) 3,000 gpm pumps with 50 hp motors, piping, inlet control (altitude valve) on the inlet side, electrical gear and variable frequency (VFD) drives and improvements that would be housed inside the existing tank hydropillar shell, a portable or fixed generator, and a pump station controller. A bypass would be provided to boost both sides (upstream and downstream) of the tank. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@58054AA9\@BCL@58054AA9.docx P34 12'/16 FR ROSELAND CR 512/51 US -1, ROSELAND/ SEBASTIAN AREA I BOOSTER NORMALLY PUMP' CLOSED (N.C.) I EMERGENCY BYPASS OPTION 3 MODIFY ROSELAND TANK OPERATION N.T.S. I FI FGFND: EXISTING PROPOSED NMDM mley*Horn MAR. 2015 oEv (VMARK Chl N.ND. MILLER SHEET NUMBER DmorEv Br DRArM NPB © 2015 OMIEY-HORNAND ASSOCIATES. INC INDIAN RIVER COUNTY °"°" PE Dig FIG 2 CHECKED BY Maa 1020 NERIVA WAY Wm 200. W PAW BEACH, a 5x1 PROJECT NO. 45320 PIIDHE (561) HS -0005 FA% (561) 00}pin 044,720.30 WAV.AINIPr-HORN. G'000006R6 DATE' C:\Users\GRAN IC^'1\App Data\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58054AA9\@BCL@58054AA9.docx P35 ANALYSIS: Staff requested that KHA submit a proposal to provide design, permitting and construction phase assistance. The scope of the Roseland Elevated Tank Conversion is more specifically described in the attached Work Order No. 13. On November 4, 2014, the Indian River County Board of County Commissioners (BCC) approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with KHA. The total negotiated cost for the design, permitting and construction phase assistance of the Roseland Elevated Tank Conversion is a lump sum amount of $112,222.00. KHA will prepare four signed and sealed copies of the permit package to be submitted to the Florida Department of Environmental Protection (FDEP) Southeast District. It is anticipated that the project will be permitted and ready to bid 225 calendar days from notice to proceed. FUNDING: Funding for Work Order No. 13 is derived from the operating fund. Operating revenues are generated from water and sewer sales. Description I Account No. Amount Roseland Elevated Tank Conversion 1 471-169000-17517 $112,222.00 RECOMMENDATION: Staff recommends that the BCC approve the attached Work Order No. 13 with KHA, for the lump sum amount of $112,222.00, and authorize the Chairman to execute the same, as presented. ATTACHMENT: 1. Work Order No. 13—Scope of Services from KHA, Roseland Elevated Tank Conversion C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech no logi es\easyPD F 7\@BCL@58054AA9\@BCL@58054AA9.docx P36 WORK ORDER NUMBER 13 Roseland Elevated Tank Conversion This Work Order Number 13 is entered into as of this 11 day of April 2017 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 0 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 Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (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 B (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 A (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 Title: 1Sr—Vice Presi nc. OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P37 EXHIBIT #A Work Order Number 13 Roseland Elevated Tank Conversion to Repump Station PROJECT UNDERSTANDING Indian River County Utilities (IRCU) owns and operates the Roseland 750,000 gallon elevated storage tank, which is a steel hydro -pillar type that has a common inlet/outlet pipe that allows distribution water to fill and drain the tank, depending on system demands. Currently, an altitude valve controls the filling of the tank, but does not have the ability to drain and charge the surrounding water distribution system, since the tank operating level is much lower than normal system pressures. Several evaluations were conducted, one by Neel- Shaffer in 2007, and the latest recently by Kimley-Horn and Associates, Inc. in 2015, to determine the most cost effective method of correcting the elevation shortfall and optimize use of the elevated tank. The options which were considered were raising the tank, constructing .a taller one adjacent to the existing one, or converting the existing tank to an elevated storage and repump facility. The last option of converting the tank to a storage and repump station that provides remote storage and repumping to the North Roseland service area is recommended. This allows the utilities the ability to maintain and optimize use of an existing asset and address future fire flow requirements for this area. The water distribution system hydraulic model, updated in July 2014, identified this area as an area having low pressures during peak demands and having difficulty meeting fire flow demands. Modification of the elevated storage tank to include repumping facilities will require modifications to the inlet and outlet piping configuration, requiring a new separate fill line to the storage tank. It is assumed that a new 12/16 -inch water line, approximately 500 ft long will be required base on the current distribution piping model and GIS information. Based on the following assumptions and the scope of the project described herein, an opinion of probable construction costs are estimated to be $950,000. The following is a list of assumptions that the Consultant has made in the preparation of the Task Order. 1. A new separate waterline to act as a fill or outlet pipe will be needed to separate the pressure zones for a repump and storage facility. The length is assumed to be approximately 500 ft, and be a 12 -inch or 16 -inch waterline. P38 2. At least two (2), with one spare, booster pumps will be needed sized for fire flow as a minimum to boost pressures appropriately 3. Power and control panels are assumed to be housed within the pillar housing of the elevated storage tank, and no new electrical building will be included. Variable frequency drives (VFD's) will be designed for the booster pumps. 4. Remote telemetry at the North County RO water plant will be upgraded to include monitoring and control of the new pump station. 5. The altitude valve will be replaced with an electric actuated control valve that can maintain consistent and constant inlet pressure to the tank inlet pipe. 6. An outdoor rated generator and fuel storage tank with automatic transfer switch (NEMA 4X rated) will be included. It is assumed that a Tier 4 generator rating will not be required. 7. The Consultant will provide an operating logic for the control system. The contractor selected by IRCU will be responsible for any programming required to implement these SCADA changes. Programming is not included in Consultants' scope. 8. The project will be prepared as one bid document 9. Minor site plan and administrative approval required only The following scope of services consists of survey, preparation of drawings and specifications, mechanical, civil, process, and electrical design, Florida Department of Environmental Protection (FDEP) permitting, bidding phase services, and construction phase services. SCADA system programming is not included but described below. SCOPE OF SERVICES Task 1 Topographic Survey — Site and Watermain Consultant will prepare limited topographic survey of the footprint of the tank site and 500 -ft of watermain from Roseland Rd. All work will be constructed on Indian River County owned land only up to the property line adjacent to the fire station and Riverwalk Market. The scope consists of the following items: • Obtain existing elevations within a 100 ft x 100 ft area around the existing elevated storage tank • Obtain existing elevations within a 20 -ft easement approximately 500 ft long from the tank site to Roseland Rd • Location of above ground improvements in the same area • IRCU established bench marks will be used for elevation reference and be obtained by IRCU surveyor • The vertical datum elevations will be referenced to NAVD 88 datum. • Horizontal datum to be NAD 83/90 • Deliverable to include four sets of signed/sealed surveys P39 Task 2 — Preparation of Design Drawings and Specifications - Piping, Booster Pump Station Consultant will review site constraints with IRCU staff and identify preliminary layouts prior to preparing final design drawings. Consultant will prepare design drawings of the site plan and piping, pump station, and tank inlet piping, watermain extension from Roseland Rd, electrical startersNFD's and control panel, telemetry, and inlet control valve. Consultant will prepare 60% and 100% review set of plans consisting of; pump station and yard piping, connections to the existing storage tank, modification to the existing altitude valve vault, extension of existing watermain, Consultant will provide final design of the pump station sized to pump potable water from the existing elevated storage tank to distribution. Estimated pump capacity is anticipated to be 1,000 up to 1,500 gpm per pump, however, this is to be determined and finalized with IRCU. Consultant will size and select a pump type for the pump station. Consultant will design associated piping, fittings and valves to connect pumps and proposed watermain. Consultant will design a pump station bypass to allow gravity flow from the storage tanks to Consultant will design an inlet control valve configuration which will allow filling of the elevated ground -storage tank at a variable flow under a constant head condition. The valve will be designed to maintain a fixed influent pressure, but will have flexibility to modulate to provide constant fill rate as well. The facility will also have the ability to bypass the elevated tank under non-standard events. Design drawings will consist of; • Cover sheet • Overall site plan - tank, pump station • Tank piping plan and details (x2) • Pump details and inlet piping (x2) • Process Piping and Instrumentation Diagram & Legend • Details (2) • Electrical schematics, design, and details (under separate task) Consultant will provide four (4) printed hard copies at each review and electronic version in pdf and Word format for review. Consultant will attend up to two (2) review meetings to discuss review comments and incorporate Owner comments with IRCU staff. P40 Consultant will prepare 60% and 100% final design of a booster pump station for review by IRCU. Consultant will prepare technical specifications for the site, piping, transfer pump station, landscaping and pond. Consultant will prepare 60% and 100% review sets for Owner review. Consultant will provide four (4) printed hard copies of each and electronic version in Adobe.pdf, MSWord, and AUTOCadd 2014 format of final documents. Consultant will prepare an opinion of probable construction costs for the pump station, consisting of the booster pump station, influent piping and control valve station to the storage tanks, pump station (pumps, piping, valves, electrical, civil, controls), distribution piping tie-in to existing watermain, electrical and controls including local and distributed control via the IRCU SCADA system. Consultant will prepare an opinion of probable construction costs based on final drawings and specifications. Task 3 — ELECTRICAL DESIGN Consultant's subconsultant, C&W Engineering Consultants. (C&W), will prepare electrical and instrumentation engineering design associated with the booster pump station. The system is assumed to be designed based on the following: • Electrical improvements including motor starters in existing master pump station electrical room, PLC and control panel modifications • Two (2) 60 hp, or three (3) 40/50 HP booster pumps, rafted for 480V 3-phase power, driven by VFD's • Inlet control valve with flow meters and inlettoutlet pressure monitors • Level monitoring in tank • A new remote PLC within the MCP shall be utilized for control and operation of the new pumps and instruments Consultant will visit the site and observe existing electrical service and space for new electrical gear and control cabinets. C&W shall assist with building department permitting process and answer a reasonable number of questions resulting from building department review. Consultant will prepare electrical design drawings consisting of electrical site plan, single line diagrams, control panel schematics, and details for a new booster pump station being powered and controlled via VFD's and PLC control system. Task 4 — PERMITTING The Consultant will prepare and submit an FDEP permit application 62-555.900(1) for the proposed pump station, generator, and electrical improvements, including a permit application P41 fee to be paid for by IRCU. The Consultant will submit one permit application for both elements,_ the pump station and watermain. The permit application will be submitted when the drawings and specifications are in a condition for permitting agency review. Consultant will respond to up to two requests for additional information (RFI's from DEP). Consultant will assemble prepared drawings and specifications to support the permit application. Consultant will prepare four (4) signed and sealed copies of permit application package and submit to FDEP Southeast District. Consultant will respond to reasonable requests for additional information from FDEP permitting agency requests for clarification. The permit application fee of $500 will not be included under this scope and shall be paid by IRCU. It is assumed that only a minor site plan through administrative approval is necessary since the improvements will be less than 1,500 sq ft, and that only a technical review committee (TRC) review will be required. Consultant will prepare documents and submit to the TRC for a minor site plan approval (minor). It is assumed IRCU staff will help process the application. Task 5 — CONSTRUCTION PHASE SERVICES The project will be publicly bid, and Consultant will provide electronic copies of technical specifications and drawings for bid phase. Consultant will assemble design documents for bidding the project, consisting of- Booster f Booster pump station, including electrical and standby power Watermain from Roseland Rd to pump station Consultant will provide up to six (6) hard copies of technical specifications and drawings for advertisement of each by the Indian River County (IRC) purchasing department. Consultant will provide coordination with purchasing department. It is assumed that the front-end contract documents to be used for advertisement will be prepared by IRC. Consultant will respond to contractor questions, and provide written responses for IRC to process for the work prepared by KHA. Consultant will review bids received and provide review summary of the lowest qualified bidder. Consultant will answer contractor questions and prepare addenda, which will be distributed to all the contract document holders. Consultant will attend a pre -proposal meeting at the project site or IRCU's office. It is assumed that Indian River County Utilities will distribute project manuals, including drawings, specifications, and will distribute all addenda. P42 Consultant shall answer a reasonable number of requests for additional information and clarifications for the construction and installation of the water main, booster pump station and electrical system. Consultant will respond in written format in a timely manner. Consultant shall review shop drawings and submittals for conformance with the design documents. It is assumed that approximately twelve (12) submittals will be reviewed. Consultant will provide written comments and respond to Owner's contractor within a reasonable time. Consultant will endeavor to complete the reviews within a 2 week timeframe. Consultant will provide on-site observation of construction. It is assumed that up to twenty (20) half days of observation will be provided by a project engineer or resident inspector. Consultant will attend a preconstruction meeting. Consultant will attend and witness startup and operational testing of the booster pump station. Consultant will develop a punch -list of incomplete items based on our on-site observations and startup testing. Consultant will issue a written punch -list to Owner and contractor. Consultant will provide one (1) site visit to review follow up work on punchlist items. Consultant will attend and witness tie-in connections to existing reclaimed watermain and to the existing irrigation pump station at Crane Creek. Consultant will review contractor furnished record drawing information and operation and maintenance manuals (O&M) as required under the certification of completion. Consultant will review the record drawings and note substantial deviations on the certification form. Consultant will booster pump station into operation (FDEP Form 62-555.900(9)). Record drawing information will be provided by the contractors and included with the certification package. Four (4) hard copies and one electronic copy in pdf and Word format will be furnished to IRCU. TIME SCHEDULE Consultant will complete these tasks in a timely and mutually agreed upon schedule. It is anticipated that the following task schedule will be provided: TASK 1— SURVEY 45 days from NTP TASK 2 — PREPARE DESIGN DWGS AND SPECS 100 Days after survey TASK 3 — ELECTRICAL DESIGN 120 Days after survey TASK 4 — PERMITTING 60 Days after Task 3 TASK 5A — BIDDING 60 Days after Task 4 TASK 5B — CONSTRUCTION PHASE SERVICES 210 Days after Task 5A P43 FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 4h, 2014, with Indian River County. The Consultant will provide professional services for Task 1 through Task 5 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Survey $ 4,964 Task 2 Prepare Design Dwgs & Specs $ 32,174 Task 3 Electrical Design $ 23,621 Task 4 Permitting $ 7,851 Task 5 Construction Phase Services $ 43,612 Total Lump Sum Fee = $112,222 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Additional coordination and responses to FDEP or other agencies (ACOE, IRFWCD) • Site plan approval process with IRCU • Tank condition inspection and assessment ASSUMPTIONS • No property acquisition included. It is assumed the pump station will fit on Indian River County owned land. P44 CONSENT 1 AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: April 6, 2017 SUBJECT: Contract with the Center for Urban Transportation Research (CUTR) at the University of South Florida for Public Transportation Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 18, 2017. DESCRIPTION AND CONDITIONS The Senior Resource Association (SRA) is Indian River County's Community Transportation Coordinator (CTC) and public transportation operator. In this capacity, SRA operates the GoLine fixed -route system and the Community Coach paratransit system. Indian River County is the designated recipient for federal and state grant funding for public transportation within the county. Both the State Commission for the Transportation Disadvantaged (CTD) and the Federal Transit Administration (FTA) require competitive procurement of third party contracts for operating and maintaining public transportation. For the role of Community Transportation Coordinator (CTC), which manages services for the Transportation Disadvantaged (TD) within the county, the State Commission for the Transportation Disadvantaged (CTD) requires a competitive selection process every five years. The CTC is responsible for providing paratransit (door-to-door) transit trips, mostly for medical clientele, through Community Coach. The deadline for the next CTC selection is June 30, 2018. Every three years, the Federal Transit Administration conducts a thorough review of the County's public transportation system. This is known as a triennial review. During the most recent triennial review, which occurred during 2016, FTA determined that the County needed to engage in a more detailed competitive procurement for the operation of its public transportation system (both GoLine and Community Coach). Other than this finding, the review commended the County's operation of the public transportation system. County staff has proposed, and FTA has concurred, that this C:\Users\GRANIC—I \AppDataTocal\Temp\BCL Technologies\easyPDF 7\@BCL@4805918E\@BCL@4805918E.docx P45 competitive procurement be conducted as a separate but concurrent process with the upcoming CTC selection. In preparing for the upcoming CTC and Public Transportation Provider procurements, County staff reviewed detailed bid and contract processes of other, similar transit communities. Those processes include provisions for penalties for performance, use of facilities, determination of responsibilities for the routing and scheduling process, and similar items. Staff has also examined examples of RFPs from comparably sized transit systems and has found the process to be complex. Because of the complexity of the procurement and the fact that this is the first time the County has conducted a detailed procurement for operation of the public transportation system, staff is interested in engaging the services of the Center for Urban Transportation Research (CUTR) at the University of South Florida for assistance in this procurement. ANALYSIS The purpose of this scope of work is to address the federal requirements for a properly conducted procurement solicitation and to provide technical assistance to the County in developing and implementing the procurement process to solicit both a Community Transportation Coordinator (CTC), who manages paratransit services for the Transportation Disadvantaged (TD), and a Public Transportation Provider, who will operate the GoLine and Community Coach systems. CUTR will assist in developing both RFPs, identifying a selection committee, advertising the process, and ensuring that the process complies with all federal and state regulations. FUNDING The proposed contract will be paid for with federal Section 5307 (transit) grant funds. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached proposal for assistance with the Procurement of Public Transportation Services prepared by the Center for Urban Transportation Research (CUTR) and authorize staff to issue a Purchase Order in the amount of $32,824 for Consultant Services. ATTACHMENTS 1. Scope of Services for Indian River County Public Transportation Services Procurement C:\Users\GRANIC-1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4805918E\@BCL@4805918E.docx 2 P46 fc- E V TE'R_ -for LJ , RaA N,, TR A NS P 0 !R TAT- !ON R E .'s E A R C 'H Scope of Services Indian River County Public Transportation Services Procurement Prepared for Indian River County MPO (August 2016) Indian River County Transit Service Procurement Support Scope of Services Indian River County Public Transportation Procurement Technical Assistance Prepared for: Indian River County MPO Prepared by: TRANSPORTATION RESEARCH University of South Florida Center for Urban Transportation Research September 2016 P48 Indian River County Transit Service Procurement Support Indian River County Public Transportation Service Procurement Technical Assistance Scope of Work BACKGROUND AND PURPOSE OF STUDY Indian River County (IRC) is the legal authority and the federal and state funding recipient for Public Transportation Services throughout the County. The Senior Resource Association (SRA) is the designated Community Transportation Coordinator for the County. Through a contractual arrangement with the Indian River County Board of County Commissioners, the SRA is also charged with the provision of public transportation services for all members of the general public. The SRA operates the GoLine which is the fixed -route public transportation system and also operates a complimentary paratransit service for residents who live within three quarters of a mile of a fixed route, but are unable to access the fixed route system because of a disability. The Federal Transit Administration (FTA) requires third party contracts for operating and maintaining federally funded public transportation to be regularly offered in a competitive procurement process. This requirement was recently cited as a finding in a Triennial Review for Indian River County by FTA. The purpose of this scope of work is to address the federal requirements for a properly conducted procurement solicitation and to provide technical assistance to IRC in developing and implementing such a procurement process. Overall Study Objectives The key objectives of this technical support will be to: • Assess current IRC public transportation services, customers, organization, policies, funding and other functional aspects • Develop a comprehensive Request for Proposal (RFP) to solicit a responsive, competent, and competitive transportation provider • Establish a review and evaluation process in conformance with local, state and federal procurement procedures. • Support IRC decision -makers and staff to negotiate and consummate a contract for operating public transportation services and appropriate administrative functions. The scope of this research will address these objectives in a methodical approach described in the following scope of work tasks: s P49 Indian River County Transit Service Procurement Support Scope of Services Task 1: Assessment of Current System Services, Policies and Performance Task Purpose: To review and describe all existing public transportation services provided by Indian River County currently contracted with the Senior Resource Association in preparation for establishing a baseline scope of services request for a competitive procurement process. Approach: • CUTR will review and analyze IRC public transportation services detailing system statistics and performance information • Data will be collected from IRC and the SRA • CUTR and IRC will review data and collaborate in formatting data for its utilization as input to a RFP service descriptions and performance element Task 1 Deliverable: 1) Technical Memo I — Documentation of Public Transportation information and formatted for use in a transit services solicitation. 3 P50 Indian River County Transit Service Procurement Support Task 2: Development of a Request for Proposal (RFP) Document Task 2 Purpose: This task will develop a Request for Proposal (RFP) document coordinated with the IRC MPO and Purchasing Division for format and process. Approach: • CUTR will utilize task 1 input to provide the breadth of transportation of services being solicited • CUTR will research similar and pertinent transportation services procurement solicitation documentation that will serve to identify best practices in form and approach utilized to comply with the FTA Third Party Contracting Requirements identified in FTA Circular 4220.1 F • In collaboration with the IRC Purchasing Division a boiler plate format will be provided to CUTR and further developed • Consideration will be given to include Community Transportation Coordinator (CTC) capabilities in this solicitation Task 2 Deliverable: A Draft Request for Proposal (RFP) Document to be ready for a final format by the IRC Purchasing Division s P51 Indian River County Transit Service Procurement Support Task 3: Support the Establishment of a Solicitation, Review and Evaluation Process Task 3 Purpose: The purpose of task 3 is to establish a solicitation, submittal review and evaluation process in compliance with local, state and federal procedures for third party public transportation services. Approach: Task 3 will be accomplished by: In concert with the development of the RFP document in task 2, a review and evaluation process will be developed CUTR will support IRC with technical assistance in the review of proposals and facilitation of formally designated 'evaIuators of a Review Committee CUTR will provide documentation and summary notes of the evaluation process Task 3 Deliverable: 1. Recommendations for a review and evaluation process 2. Documentation of the review and evaluation of proposals P52 Indian River County Transit Service Procurement Support Task 4: Contractual Technical Assistance Task 4 Purpose: To support IRC decision -makers and MPO and Purchasing Division staffs to negotiate and consummate a contract for operating public transportation services and appropriate administrative functions. Approach: Task 4 will be accomplished by: • Upon evaluation of all responsive proposals and a selection by the IRC BoCC to negotiate with a Proposer, CUTR will support MPO and Purchasing Division staffs with the review of contractual documentation to include required federal attachments and assurances. Task 3 Deliverable: 1. Review and consultation of contractual documentation 6 P53 Indian River County Transit Service Procurement,Support PROJECT BUDGET Project Budget This is a fixed price lump sum cost PROJECT INVOICING Project invoicing will occur upon completion of all tasks of this scope of work for a fixed price lump sum contract. P54 Indian River County Transit Service RFP Process Labor $23,302 Expenses: Travel $2,356.80 Other Expenses $600 All Expenses $2,957 Subtotal: Labor + Expenses $26,259 Indirect: (Local Government Rate) 25.00% $6,565 Total Budget: $32,824 This is a fixed price lump sum cost PROJECT INVOICING Project invoicing will occur upon completion of all tasks of this scope of work for a fixed price lump sum contract. P54 Indian River County Transit Service Procurement Support PROJECT SCHEDULE The project schedule will be completed by October 1, 2017 and dependent on IRC confirmation of mutually established deadlines for deliverables by CUTR and decisions by IRC. Schedule to be inserted here PROJECT TEAM Rob Gregg, Program Director of Transit Management and Innovation Programs will serve as Principal Investigator (PI) of this project and oversee the completion of all assignments associated. Jay Goodwill, Senior Research Associate will serve as the Co -PI on the project and will be responsible for project management as well as completion of many of the tasks. Mitch Spicer, Research Assistant will serve as technical support for performance measures and analysis of FTIS information system. Other CUTR Faculty will be utilized as required. CONTACT INFORMATION Principal Investigators: Rob Gregg, Director Transit Management and Innovation Center for Urban Transportation Research (CUTR) University of South Florida 4202 E. Fowler Avenue. CUT 100 Tampa, Florida 33620-5375 813-974-8383 gregg@cutr.usf.edu 8 P55 7t 1 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: April 6, 2017 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 18, 2017. DESCRIPTION & CONDITIONS Funding for most of the capital costs associated with Indian River County's public transportation system comes from the federal Section 5307 grantprogram. MAP -21, the federal transportation bill enacted by Congress in 2012, created an additional program to provide funding for public transportation capital expenses. That new program is known as Section 5339, or the Bus and Bus Facilities Program. According to federal regulations, Section 5339 program grants may be used for the purchase of capital items such as buses, shelters, and other equipment. As with capital expenses in the Section 5307 program, the required 20% nonfederal share can be provided through a soft match (which effectively provides for 100% federal funding of capital expenses). In Florida, state toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. At this time, $196,717 in Section 5339 funds is being allocated to the county. Those federal funds were originally allocated during FY 2015. While Section 5339 funds are federal grant funds, the Florida Department of Transportation (FDOT) has administered the Section 5339 program within the state of Florida through FY 2015. In order to receive these funds; the BCC must enter into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8005E77A\@BCL@8005E77A.docx P56 At the request of FDOT, this SJPA replaces the one approved by the Board on October, 18, 2016. That version of the SJPA included funds from FY 2015 and FY 2016, while the revised SJPA contains funds from only FY 2015. Beginning with the FY 2016 allocation, the County will apply directly to the Federal Transit Administration (FTA) for Section 5339 program funds. At this time, FDOT and FTA are establishing the process for obtaining Section 5339 funding for FY 2016 and later years. County staff expect it will be similar to the Section 5307 application process. ANALYSIS The attached resolution (Attachment #1) authorizes the Chairman to execute the JPA for Section 5339 program funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, MPO staff will transmit the JPA to FDOT. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Section 5339 funds. With respect to the Section 5339 program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the JPA. In this case, the funds are to be used to purchase buses for the GoLine fixed route public transportation system. FUNDING No local match is required for this grant. State toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form C \Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8005E77A\@BCL@8005E77A.docx 2 P57 RESOLUTION NO. 2017 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5339 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Bus and Bus Facilities Program Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $196,717 in Bus and Bus Facilities Program Grant (Section 5339) funds for capital expenses associated with the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5339 Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc CAUsers\GRANIC—I \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@80059775\@BCL@80059775.docx Page 1 of 2 P58 RESOLUTION NO. 2017 - The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of April , 2017. BOARD OF COUNTY CONMUSSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _ 18th day of April , 2017. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS RAW Stan Boling, AICP, Director Community Development Department C-\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@80059775\@BCL@80059775.docx Page 2 of 2 P59 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 1 of 3 Financial Project No. Fund: DU FLAIR Approp. 088774 435841-1-94-01 Function: 215 FLAIR Obj. 780000 (item -segment -phase -sequence) Federal No. N/A Org. Code: 55042010429 Contract No. ARE87 DUNS No. 80-939-7102 Vendor No. VF596000674029 CFDA Number 20.526 CSFA Number N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and _ Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, FL 32960 hereinafter referred to as Agency WITNESSETH WHEREAS, the Department and the Agency heretofore on the 22 nd day of May . 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 612.567.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Additional funds for Bus Purchase P60 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3 00 of said Agreement is • increased O decreased by $ 196.717.00 bringing the revised total cost of the project to $ 612.567.00 Paragraph 4 00 of said Agreement is • increased O decreased by $ 196.717.00 bringing the Department's revised total cost of the project to $ 612.567.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A" 4.00 Contract Time: Paragraph 16.00 of said Agreement 4/30/2018 5.00 E -Verify: Vendors/Contractors: 1 shall utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. P61 Financial Project No. 435841-1-94-01 Contract No. ARE87 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 5/22/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 3 of 3 P62 Financial Project No. 435841-1-9401 Contract No. ARE87 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County 1801 27th Street, Vero Beach, FL 32960 dated 5/22/2014 DESCRIPTION OF SUPPLEMENT (Include justification for cost change) - Addition of funds for Bus Purchase Page 1 of 2 P63 As Approved As Amended Net Change Project Cost $415,85000 $612,56700 $196,717 00 As Approved As Amended Net Fund DU Department: $415,850.00 $612,56700 $196,717 00 Agency $ $ $ Federal: $ $ $ Total Project Cost $ 415,850.00 $612,56700 $196,717 00 Comments: Page 1 of 2 P63 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4 10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s). FY Amount $ N/A Page 2 of 2 P64 GRANT NAME: Section 5339 Bus & Bus Facilities Grant GRANT #: ARE87 AMOUNT OF GRANT: $196.717 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? Four Years Starting Date: June 1. 2014 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? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: N/A % 5. Grant match amount required: $ 0 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? N/A 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 detailed 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 T 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? First Year Grant Amount $196,717 Other Matching Costs $ Match $ Total $196,717 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ P65 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Agreement to Purchase Property for Stormwater Pollution Removal System Owner: Ellis Greene and Kathleen Greene & Janie E. Greene 53`d Street, Vero Beach, FL 32967 DATE:. April 5, 2017 DESCRIPTION AND CONDITIONS The Stormwater Division recommended the County purchase property on which to construct a regional stormwater facility to remove pollution from the Indian River Farms Control District's (IRFWCD) North Relief Canal. The County contacted several landowners with suitable parcels abutting the North Relief Canal between 58th and 66th Avenues with the following results: Map ID No. 1- Marcel Rosen was not interested in selling his parcel. Map ID No. 2 and 5 - William E. Harris' 18.32 acre parcel appraised for $330,000.00 The County made an offer of $458,000.00 ($25,000 per acre), but Mr. Harris requested $732,800.00 ($40,000 per acre). Mr. Harris was not interested in selling Harris Groves. Map ID No. 6 and 7 - Earring Point Properties, LLC is now owned by Vero Mandala, Inc. which is under development. Map ID No. 8 - CPR Groves, LLC is under development. Map ID No. 9 - Providence Pointe Vero Beach, LLC is under development. Map ID No. 3 and 4 - Ellis Greene and Kathleen Greene & Janie E. Greene own two parcels totaling 18.63 acres. The parcels are located along the North side of 53`d Street, East of 66th Avenue in Vero Beach. The parcels appraised for $360,000.00. The County offered $465,750.00. ($25,000 per acre) to the Greenes, and they declined the offer. After negotiations, the Greenes accepted the County's offer of $558,900.00 ($30,000.00 per acre). FUNDING Funding is budgeted in Optional Sales Tax/Public Works/PC North/All Land- Acct # 31524338-066110- 16018 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the properties located along the North side of 53`d Street, East of 66th Avenue, Vero Beach, FL and authorize the Chairman to execute the Purchase Agreement on behalf of the Board. ATTACHMENTS One Copy of Potential Properties Map One Copy of Keith McCully's Project Synopsis One Original of the Purchase Agreement APPROVED AGENDA ITEM FOR: April 18 2017 C:\Users\G RAN IC-1\AppData\loca1\Temp\BCL Technologies\easyPDF 7\@BCL@68056891\@BCL@68056B91.doc P66 Indian River County,Florida Property Appraiser - Printer Friendly Map Print. ( Back http://Www:ircpa.org/PrintMap.aspx No selection made. �r Notes North 1 of 2 6/22/2016 3:11 PM The North Relief Canal treatment system is proposed to be a 10 million gallon per day pollutant removal system that will clean water from IRFWCD's North Relief Canal, which discharges directly into the Indian River Lagoon. The system will remove nitrogen, phosphorus, and suspended solids from canal water generated by an approximate 12,600 acre watershed. Methods to treat or control pollution from stormwater runoff have traditionally included land intensive passive systems such as retention/detention ponds and manmade or natural wetlands. The long-term maintenance costs of `passive systems' can be huge because they accumulate rather than remove pollutants. Because collected nutrients are usually not removed until the system fails or nears failure, passive systems will become ineffective with time as their capability to absorb pollutants diminishes, and sometimes this occurs quite rapidly. Early failure and very costly remediation has been demonstrated at Orlando's Iron Bridge Wastewater Treatment Plant's Easterly Wetland Treatment System and at some Stormwater Treatment Areas in south Florida. As raw land becomes scarcer and more valuable in Florida and decision makers become more aware of the huge cost to rehabilitate passive systems, efforts should focus on treatment technologies that are not land intensive and which remove rather than accumulate pollutants. Stormwater Division has examined adaptations of domestic and industrial wastewater treatment technology. These active systems often include electrical and mechanical components as well as biological components. Typically, they are much more efficient than passive systems and they constantly remove the polluted material they capture. PC Main Screening System is an example of a mechanical system adopted from the wastewater field. Indian River County's Egret Marsh and Osprey Marsh Stormwater Parks are examples of active systems that use algae to remove pollutants from stormwater and canal water, similar to the use of bacteria in a wastewater treatment plant. Active systems that use algae and other aquatic plants as part of the treatment process may be referred to as managed aquatic plant systems. Typically, managed aquatic plant systems tend to focus on a single plant type or species to remove pollutants, an approach that can make the performance of the biological component susceptible to seasonal variations and changes in water chemistry. We have observed there is a diversity of aquatic plants that flourish in local IRFWCD canals, indicating that this community is efficient at up -taking nutrients and well -adapted to local water chemistries. The fact that a combination of species coexist implies that each is filling a unique ecological role in nutrient removal that is important to the ecosystem as a whole. The ongoing North Relief Canal pilot study is examining a pollutant removal system that uses modular aquatic plant treatment processes that will take advantage of the robustness of local diverse aquatic plant types to maintain high levels of nutrient removal under varying nutrient concentrations, seasonal and temperature fluctuations, and other parameters beyond our control. The pilot study is expected to be completed in early 2018 and design of the full-scale North Relief Canal system will begin shortly thereafter. P68 AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ELLIS GREENE AND KATHLEEN GREENE & JANIE E. GREENE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Ellis Greene and Kathleen Greene & Janie E. Greene, ("the Seller) who agree as follows: WHEREAS, Seller owns property located along the North side of 53rd Street, East of 66th Avenue, Vero Beach, Florida 32967. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the property for a future stormwater pollution removal system for the Indian River Farms Water Control District's North Relief Canal; and WHEREAS, in order to proceed with stormwater pollution removal system, the County needs to purchase property located along the North side of 53rd Street, East of 6th Avenue; and WHEREAS, the County contacted the Seller to purchase the parcels of approximately 18.63 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located along the North side of 53rd Street, East of 66th Avenue, Vero Beach, Florida 32967. A legal description of the properties is attached as Exhibit "A", fee simple, containing approximately 18.63 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $558,900.00 (Five Hundred Fifty -Eight Thousand Nine Hundred and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of FAEngineeringNMonique FilipiaMSTORMWATER ParcelsUanie E. Greene IRC Purchase Sell Agreement.doc P69 i i r G i County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). l: 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. FAEngineermgWonique FitipiaklSTORMWATER ParcelsUanie E. Greene IRC Purchase Sell Agreement.doc P70 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for speck performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein (Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal PrODe 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: FAEngineeringWonique Filipiak\STORMWATER Paccels\Janic E. Cneene IRC Purchase Sell Agreement.doc P71 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via `overnight" courier service or facsimile transmission, as follows: If to Seller: Ellis Greene and Kathleen Greene & Janie E. Greene 2075 38th Avenue Vero Beach, FL 32960 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. FAEngineering\Monique FilipiaMSTORMWATER Parcels\Janie E. Greene 1RC Purchase Sell Agreement.doc P72 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. FAEngineeringWonique Filipiak\STORMWATER ParcelsVanie E. Greene IRC Purchase Sell Agreement.doc P73 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 7 Ellis Greene Date 1111,117 Kat leen Greene a e uc-2.. Ja&W E. Greene Date F.WngineeringWonique FilipiaMSTORMWATER ParcelsVanie E. Greene IRC Purchase Sell Agreement.doc P74 EXHIBIT "A" PBS 2-12 A PCL OF LAND LYING IN SEC 17 TWP 32 S RGE 39 BEING MORE PART DESC AS FOLL: THE W 10 AC OF TRACT 13 LESS CANAL, LESS THAT DESC POR FOR RD R/W IN OR BK 2377 PG 1522 Commonly known as: 53RD ST VERO BEACH, FL 32967 Parcel ID Number: 32-39-17-00001-0130-00001.0 PBS 2-12 A PCL OF LAND LYING IN SEC 17 TWP 32 S RGE 39 E BEING MORE PART DESC AS FOLL: THE W 11.32 AC OF THE E 28.96 AC OF TRACT 13 LESS CANAL RNV; LESS ADUL RD RNV AS DESC IN OR BK 2377 PG 1522 Commonly known as: 53RD ST VERO BEACH, FL 32967 Parcel ID Number: 32-39-17-00001-0130-00002.1 FAEngineeringWonique Filipiak\STORMWATER ParcelsVanie E. Greene IRC Purchase Sell Agreement.doc P75 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: Change Order No. 1 and Release of Retainage 87th Street and 91St Avenue Sidewalk Improvements DATE: April 10, 2017 DESCRIPTION AND CONDITIONS On August 18, 2015, the Board of County Commissioners awarded Bid Number 2015036 to Kerns Construction & Property Management Corporation in the amount of $1,084,854.00 for the construction of 6 -foot wide concrete sidewalks along the north right of way line of 87th Street from 101St Avenue to CR510 and along the east right of way line of 911t Avenue from 79th Street to 87th Street, including drainage improvements, swale grading, pavement markings and sodding of disturbed areas in Vero Lake Estates. This project was funded bya FDOT Local Agency Program (LAP) grant ($1,143,868.00) which also includes Construction, Engineering and Inspection (CEI) services. Change Order No. i is to make final adjustments to contract bid items for a decrease to the total contract price by $11,121.17 for a final cost of $1,073,732.83 and make final contract time adjustments. Kerns Construction & Property Management Corporation has completed the project and has been paid $1,020,046.19 with $53,686.64 held in retainage. Kerns Construction & Property Management Corporation has submitted Application for Payment No. 12 for release of retainage in the amount of $53,686.64. FUNDING Funding is budgeted and available from Optional Sales Tax Account No. 315-206000-15003, Vero Lake Estates Sidewalks, in the amount of $53,686.64. RECOMMENDATION Staff recommends approval of Change Order No. 1, and payment of Application for Payment No. 12 to Kerns Construction & Property Management Corporation, in the amount of $53,686.64. ATTACHMENTS Kerns Construction & Property Management Corporation Application for Payment No. 12 Change Order No. 1 DISTRIBUTION Kerns Construction & Property Management Corporation William Scott, Superintendent, Road and Bridge Division FDOT APPROVED AGENDA ITEM FOR April 18th 2017 P76 SECTION 00622 - Contractor's Application for Payment 87th Street and 91St Avenue Sidewalk Improvements Application for Payment No. 12 For Work Accomplished through the period of December 20, 2016 through December 20, 2016. To: Indian River County (OWNER) From: Kerns Construction & Property Management, Inc. (CONTRACTOR) Bid No.: 2015036r Project No.: 1205 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): 5% of completed Work: 5% of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MI CONTRACTOR'S CERTIFICATION: $ 1,084,854_00 $1,073,732.83 0.00 $ 0.00 $ 1,073,732.83 $ 1,020,046.19 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Pay Application No. 12 00622-1 %\KERNS-PC%Users%KemalOoMoplPROJECTS%2015 ProjeftURC Sidawalks 87th +91stUrnroidnilWay APPlication No.121Pay Application No. 12 Rev. 05101 P77 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated December 20,2016 (CONTRACTOR — must be signed by an Officer of the Corporation) aniel L. M schwec , Vice President Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Daniel L. Muschweck, who being by me first duly sworn upon oath, says that he/she is the Executive Vice President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and swom to before me this 20th day of December, 2016. Daniel L. Muschweck is ersonally known to me r has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: Julie uettler Commission No.:FF923607 JULIE J. GURT MER Commission Expiration: 10/31/2019 W COMMISSM 0 FF92W07 EXPIRES October 31 2019 Np/f rrl0+5.1 .ear ik�ltir9rYr+fe>tiirte�t*+kinkdrYritYe�ielt+k+kk�klkikit**dik+kilnY�t+Yitytikitit�tititkiritleik9tk*9kklFieitk9t�kiHklb+t+k7ki�k+kik4eledr�t [The remainder of this page was left blank intentionally] Pay Application No. 12 00622-2 %MTRNS-PC\Lfwm\Ketns\DesldopTROJECT612015 ProjectMIRC Sidewalks 97th + 91stVnvoidng\Pey Appllcstion No. 12Way Application No. 12 Rev. OWI i� P78 1• Page 3 of 5_ SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: STATE OF FLORIDA COUNTY OF INDIAN RIVER (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractors Application for Payment. Subscribed and sworn to before me this day of 20 Notary Public, State of _ My Commission Expires: (The remainder of this page was left blank intentionally] Pay Application No. 12 00622-3 1110 RNS-PC1Usemu(emsmosklop%PROJECTS12015 ProjeciskIRC Sidewalks OM +91sNnvolcingfty Application No. 121PayApplication No. 12 Rev. 05101 P79 Page 4 of 5 ; ;I. CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SI ATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine thA issue. Dated VIIOI17 SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Pay Application No. 12 00822-4 \VCERN"C1UsersU(em V3esldoplPROJECTS12015 Pmledsl= Sidewalks 87th + 91 sW=1dng%Pey Appiication No. 12fty AppilwNon Na 12.doc Rev. 05MI Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Pay Application No. 12 00622-5 IIKERNS-PC1Users%KemsMasktop%PROJECT512015 PrgsdsURC Sidewalks 87th + 91 stUnvoidng\Pay Appliics0on No. 121Pay Applicaflon No. 12 Rev. 05101 i P81 KERNS INVOICE C O N S T R U C T 1 0 N Date: 12/20/2016 Invoice # 161220.01 PROJECT SITE: Mt. James Ennis, P.E., PMP 87TH STREET & 91ST AVENUE SIDEWALKS Indian River County FM 431728-1-58-01 Engineering Department IRC PROJECT NO. 1205 1801 27,h Street Vero Beach, FL 32960 JEnnis@,ircgov.com Payment Due Date Salesperson Job i Tetras i I i 87-h Street & 91- Avenue Sidewalks — Pap Application 12 i TRake FINAL RETAINAGE APP Description Unit Price Line Total i Contract Work (See SOV) $ 1,084,854.00 i $1,084,854.00 Total Completed & Stored to Date i $1,073,732.83 $1,073,732.83 1 Less 0% Betainage (U.DO) (O.OU) Less Pazvious Pagivents ,x(1,020,046.19) i j $(1,020,046.19) 1 i I i Please remityayn beats as follows: i _ � I Kerns Construction & Property Management, Inc. 2701 Industrial Avenue 2, Fort Pierce, Ft 34946 i i Total $ 53,686.64 Metre all checlm payable to Sims Coos&mdon & PmpertyManagement, Ina Tha4qk/yotv f -or ycvw bu&��W 2701 Industrial Avenue 2, Ft. Pierce, FL 34946 Office: 772-985-5015 Fan: 772-209-7700 State Certified General Contractor - CGC 059365 P82 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700.020-02 CONSTRUCTION COMPLIANCE WITH coNSTRUC0TION 4M4 J 04H4 SPECIFICATIONS AND PLANS • page Iof3 1 FIN PROJECT I.D.(s) 431728-1-58-01 DATE: 12/20/2016 i' CONTRACT NO: ART -06 Monthly: Final: ❑ KERNS CONSTRUCTION AND PROPERTY MANAGEMENT. INC. . Prime Contractor for the above referenced contract, hereby verifies based on personal knowledge or reasonable investigation and good faith belief, all Quality Control functions and Quality Control sampling and testing results are in substantial compliance with the contract specification requirements and the approved Quality Control Plan for this project. This includes the input of test results into the Department's LIMS database within 24 hours of results being received. This represents work done between 12/20/2016 and 12/20/2016 Exceptions to these requirements are listed below. 1.) Item No.: Exception: 2.) Item No.: Exception: 3.) Item No.: Exception: 4.) Item No.: Exception: P83 STATE OF FLORIDA DEPARTMENT OF TWINSPORTATION 700-020-02 CONSTRUCTION COMPLIANCE WITH CONSTRUCTION oa1ta SPECIFICATIONS AND PLANS, P%p2of3 5.) Item No.: Exception: 6.) Item No.: Exception: A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of non -responsibility, and may subject the person and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. State of Florida County of Sworn to and subscribed before me this day Of , by (Print name of person signing certification) Notary Public Commission Expires Personally Known or Produced Identification Type of Identification Produced State of Florida County of L . tJ'J9'f'e . Sworn to and subscribed before me is 41A day of � i , 1 , by I AVI /X (. U16 eCJZ .. / (Pd"me of person signing certification) -SUE J. GUE7TLER MY COMMISSION # FF923607 EXPRES October 31 2019 Commission Personally Known mob— or Produced Identification Type of Identification Produced Quality Control Manager By Company Kerns Construction & PropertV Management Contractor By Executive Vice President Title P84 STATE OF FLORIDA DEPARTWXr OF TRANSPORTATION CERTIFICATION COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS ON FEDERAL AID CONTRACTS DATE 12/20/2016 FIN PROJECT I.D. 431728-1-58-01 CONTRACT NO. ART -06 Forth 700-011-13 CONSTRUCTION KERNS CONSTRUCTION & PROPERTY MANAGEMENT, INC. , prime contractor for the above referenced contract, hereby certifies that this company and all of it's subcontractors have made every Good Faith Effort to comply with the EEO provisions of FHWA Form -1273 (Section II. Nondiscrimination and Section III. Nonsegregated facilities) on this contract. Exception: The following subcontractor(s) have been found to be in noncompliance with the provisions stated above. Attached is notification sent to the respective subcontractor(s) explaining their noncompliance with these provisions. Subcontractor Name Street Address City/State/zip Subcontractor Name Street Address City/State0p State of Florida A false statement or omission made in connection with County of St. Lucie this certification Is sufficient cause for suspension, Sworn to and subscribed before me this 20th day revocation, or denial of qualification to bid, and a determof December ,2016 , by Daniel L. Muschweck person and/or nation ennonmakin Sithe false stabilty, and tement to aect ny P � 9 Y (Print name of person signing Cortication) and all civil and criminal penalties available pursuant to applicable Federal and State law. JULIE J. GUETTLEFt Kerns Construction & Property Management, Inc. N ry Pub' =~ ~ MY COMMISSION # FF923607 Contractor EXPIRES October 31 2019 .oar �Q��1s f7 LcJ p�P Commission Expires By Personally Known ® OR Produced Identification ❑ Executive Vice President Title Type of Identification Produced Instructions: 1. Attach copy of any notifications of noncompliance sent to each applicable subcontractor. 2. List the subcontractors found not in compliance at the time of this certification. 3. A separate certification is required for each contract 4. To be signed by an officer or director of the Contractor with the authority to bind the Contractor and notarized. 5. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date (generally the 3nd Sunday of the month). P85 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO SUBCONTRACTORS (As required by Florida Transportation Code, Section 337.11, Subsection (11), F.S.) FIN PROJ. I.D. 431728-1-58-01 DATE December 20, 2016 700*10.38 CONSTRUCTION /ono CONTRACT NO. ART -06 TO RELEASE MONTHLY PAYMENT FOR Retainage KERNS CONSTRUCTION & PROPERTY MANAGEMENT, INC. prime contractor for the above referenced contract, hereby certifies that all subcontractors, except for those noted below, having interest in this contract have received their pro rata share of all previous periodic payments made to date by the Department for all work, materials and equipment furnished under the contract. The term "subcontractor", as used herein, shall also include persons or firms furnishing materials, services or equipment incorporated into the work or stockpiled In the vicinity of the project for which partial payment has been made by the Department and work done under equipment -rental agreements. EXCEPTION: The following subcontractors have not been paid and a copy of the notification sent to each, explaining the good cause why payment has not been made, is attached to this form: Subcontractor name Street Address City State Zip State of Florida County of Sworn to and subscribbd before me this OJ6M day of��� , by�� My COMMISSION 0 FF923607 EXPIRES October 31 2019 Personally Known -k OR Produced Identification Type of Identification Produced Instructions: Subcontractor name Street Address City State Zip A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of non - responsibility, and may subject the person andfor entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. Kerns Construction & Property Managment, Inc. ---� Contractor By Executive Vice President Title 1. Attach copy of the notification good cause sent to each applicable subcontractor. 2. List the subcontractors which have not been paid the proportionate share of payments received by the contractor and the date ist�f' ed as exception. 3. A separate certification is required for each contract. 4. To be signed by an officer or director—o ate on or with the authority to bind the Contractor and notarized. 5. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date (generally the 3rd Sunday of the month). P86 K0 b r+t a .r R U t: T t a N WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersig"ed lienor, in consideration of the final payment in the amount of $26,93QAo hereby waives and releases its lien and right to claim a lien for labor, Services, or materials furnishers to litdlan River County, SOCC on the job of IRC 87� Street and 91st Avenue sidewalk Improvements to the following described property: Projerx#1225 W Street -and 914 Avenue Portion of Public Land in Indian River County, Florida l`1ATED on August 90, 2015 Lienor Names. Ra uction Signa Printed Name:.��25�d��P�. Title: ` , C-9 � State of Florida County ofo�;lg Acknowledged befdre me this day. . Sc� � ,�•�, :d -on behalf of is personally known . to me or ttas produce as i ettfi t�tion, Notary Public Signature: SUCY L. BARBER Printed Name: F�utsg Puklic •state of }brga Gommftslle FF 948938 Commission Expires: My Cmnre, ExptrBr Apr 19.202o 146WIft"h loan qA,,4 t P87 a KE�, camera cNi-Sanr WAMER AND RELEASE'OF LIEN PPON FINAL PAYM1:W The.unde,rsioned lienor, in consideration of the final.payment in theaindurat df57B.0Q hereby araiYes and releases its fieri and right to claim a lien for labor, servioos, or raterials 1' niished to lndiiin Riv r.CMMty BOri the job of IRC 97m Street of d 91" Avenue Sidewalk lm' u2 ernett�s to the following descn'l ed prpperly; t?roject:�2Q5� . • $,r lsi "t arid.91s1Avenue . P60,00.0 Public -Land irk fndlan°giver. Couayj plajjda- j?A'tE"j rrn. August 2p1 Titleti State of'Ftq .' Cowity-6f• edged kte re,: lite this day of. on behetf of who Y.., oita d .. to has • prgdtrood• RIO" icativn. Notary Pub Pr%i'te'tf 144me.. Con1h'tTssi�t:�icpiresc j.•(��:�:�$_ ' P88 j9F S IN -M WAWR ANO RELEASE of >E [ENI UPON f10AL PAi(W NT The under gne4 tIertor, ln ccfnsiderit'roh of then final pay it.I'r1 the amount of $24614,.hereby w&ive5 acrd releasess'1lerr ario right tolairYt [len for la�.oc, se-ces, Qr materiels f4it`nisbed 10 . Indian [fiver CbuntY soc vrr Efts jar? of IRC 67t'Sireet anis -q].'t.Avehu Sidewatk tmgroiieme6ts ' td the fdRowir�g 4i s�ribert rope y: . ' • .. ; Prole d #1 .91 .'Avehue... _ portion of Pub it` 4 d- ln'`kndiart River.Courity' Idrkta OATED on,''Seotenib6e 16.2016 { .Lieh o�'Names,' f:F n rp rises :.. :.�Ignat u re.' . Petnted. Namei ...'. Title: of ROO& _ �auntX Af �,SB4}OUW Acwteclged before ane-.thfs Clay of -M :61 behalf of who . :... _ °''is...personally:.knowrn':t4" :me :or has piadued ... � de � t icati `• .... .. . ' ] n'�~�i •,ion. :. ........ •- • • .. .. "' . • • . .. .• • , " .. • Nota*Y-*FvbIIc Sigrjature: �Y i X61f���pl PnnCe�f Name:. Y 1994•0%�� 6mrWsslori rx0es: :"IL _ r : ess �i C; STASE4' P89 a a a a r n u c Y IRN4 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, In consideration of the ftnal payment in the amount of $&747. hereby walves. and releases its lien and right to claim alien for labor., service, or materials furnished to Indian River County BOCC ori the job of WC 87e' Street and 91st Avenue Sidewalk improvements to the. following described property: Project #1265 . 87* Street and 913a Avenue Portion of Public land in Indian River County, Flaefda • r9 1]ATO on.. September . 2016 State of Florida rrounty of --,& t ` Llerior Names: Co fete 5tri l si e Signature, Printed Nam e- ..--,_. Titter Ci C t Acknowledged, before me tbrs day of by on behalf of ,t°c,vS Ccs'SiTrY,�CZ wha is pe sonly known to me or Lias produced' 11 J as identification. • _..it�tlliiltir�._ Notary Publicfthature; SN It arq y., Printed Name.#., �W o,, -i = ,y0 st R1. CoM-rnisslon Expires. , j ^1 ? 2xpk i iA � FF9919ft OF P90 r_cmcx FINAL WAIVER & MEASL The undersigned lienar, in consideration of the final payment in the° amount of $10. 0 the receipt of payment is aclmowledged, hereby wares -and releases its lig and right to ciaim a lion for labor, services or materials f4roished to DON BO INC. on flse job of INDIAN RI'S'ER COUNTY (owner of pro described property: Pna'tY) for fhe job located on the following 79Th,. 87TH AND 91 ST AVENCJE SIDl;V1rALK$, '1/Ep,0 LAKE, INDIAN RIVFR COUNTY, FLO=A DATED on SEPTEMBER 23, 2016 Lienees Name; CEI= Construction Materials FloAda, LLC 1001 IVPITE PARK DR STE 108 JIrPIT 4518 By. "ANDREW TA`M`E • CREDIT MANAGER The fbregonnginstruMent was signed W my presence this date of SEPTEMBER 23, 2016 by ANDREW TATE wh-0 is personally known to me,. Who did take an oath, and is a Credit Services Repres tatiue aPCEMFX Cons{tuction Materials Florida, LLC Notary Public 3005831-142353.28 wo'1�tpFF9T61Q9 »ars! eo alp ED:J"- D P�urd�iAaa P91 • � is �F' ff r ft tt..a R . a a '. .heti:Itttr,'in-coi,stderatior.bffa ; aiu� gi1 tse��t'liti ahci'ri liti cleat;ii'th atriot�ntit ha�irehy • ' '•%Frc i�h:lfiver••� g v' ai��a'ii�r� f�iE''l�ib�r,_�rvl,o�s, �r.�axeri�ts.��it[sh�d to " ' , uhttc�30CG'on the o6'�f• n j IRCB Sty'60 an `� Av�ntr� ids =doh. iizdv�i►igds�red grope :..�J� wa[ Indtiray_errier5ts '' ° ' •- _' � �rrtipa �f P�ibIIc:l,�rad�in'fitidia-R#y'r:�Q - ' ~ pQ csrt : tVnirerbet 16''01ts . Lip Nam- ; -- ` Beit tip-i3each • ,Y .. •,f.{ '. is •�'�v Z••.� ,1'j., .:1._.�,,�''`' •,f, r • Mate n 70 be ihts• r' --:: _`-otbehalr-o£' �. ' :14iiiivtlr�.4 ' ilr5e'or'` p has roduced" 4 as (Vt aijr�p It e• `��� AILD iii f air ,Q IC;.l, L5;;s�41 . ririted -Name.: 6t tYiiss�bn Exolte ;; QAt�d d Z It I P92 R: ean�>srauaTlc�'u WAIV014 ANIJ 4ELEA$-E OF LEEN USN FINAL PAYMENT 60c rsiMI 1ippr; in con#detAQn. of theft --pa gm w.t in e'e v�a'f�es gncl releases:its.Ifen' M. rf 1 4 Qt�fl 6. 5 Q herebj 6 claim a lied► fur Ial or s�cvloes 'rir at�r1 Is' uriiF fled to River:Eouht h jc}b of FRar'87!' tom: f' n—-�— �n t meet artd'� . �ve>aueSleiarfiKat're,rt�' t. tltufo)(6wing`describod.pro. er�y; '87W S x 3 n V-st-Avenue P rrligri of l!ubIIG Land in (iid(an' River COU tv 'Fjorkk f)AT [3 oh November 16.2016' LieclorlVaMes _Vtil3iv• p 'ro►triYerttaLctlb%a pjprlda ' §fit. ncia Printed Na e;:. Joellc•�DeVane :Tltle:' : President. ta.Xe`of ida . '. . t�ui�t�i bf V�olusia • ' ' • • • - "• - - • ' Ackno rtedgetl be€ore m6 'this 21st �a of November. ° ,oell`R DeV'ane Y " : • . '2016. by ori behalf of 4vironmental Int ab R1064. Silt Fencln Who is pP.or�atEy: ".knownor has produced - ' -::: ideritif!��iolt. • • t - ' a's •'Aiotaiy'Publlc�5ignatt{re; -.. 1?Fii ed Ndn-te:. erinifer Mecld' prhiissivn..Fxpires: November 15 20i7 to :. • JENNIFER ANN:MECKLEI _ + dAY cbmMiss1oo #Fr-obwu .EXPRES November 15.2017' " - 1407) 69&Ql, FlorideN'otary$erolte.opm I I P93 *Kco s r s u tt t a H WAIV1R AND RELV*e Of LIEN UKAI FINAL PAYMENT .. T��i�ia�•s�r�x�liet��;I(a.t�rt�f�'a�l�r��a���:Iruaa��l'���r�zn-irrtl�a'r�tit��t�af: �' . � •-�� . � ,' . waives and. relbser� its 16ta,ab4 rW toOm a' Jim-far la'k6r, sL"'ces, arm rFals. flit Mslieti to. I> i ial�t; e� to otr ja#bOfIgUnWint M4 914 AV 9-0tid "P MM��. ` ted tMelph-dwiftdEscriised property: i3 '-5t*ea and 9 tAvenme ffi�#..ti0n OfPtifilk tand in,litdiah River Coun , ftffitfa ' ATM o .N. iyem��i` It LO16 • r Llenor•Niames:Apod SAIVIraffic v t - . . AiQv1 #aef +� . td1iS r iia lrf I©2O t_..':2_ t • �,,� .: jt•'I�'.i7 • 1. 'li •• . '. �; ..is •.p' ��.�':.�IEttt�• .. � 'tie rir Vis. •prc�r��c as .`. .' i n t in. ]a{ot". 'PUMMS�tja6ite:`' �..£:".. �+nars:r•=rs.:ruaa=' ; ;: t rrn y r fi;�� r jq j. Pntilln - state ai Fkxln::' .`� bxrtt l a p 5. / • •. 4 '.'I '; �•'� Y " N:' u t 1 t. 'Fait u3 Ap Lam. 20" _ .. .. . c Yom,' �.lhr T 1�}' Ri •sijttic�jr.� !p 5r 4iAS66' . . •.i�;.t .. '�'•1rS'�"t. •`tlt�..GY/S J�_tli�''.•�`.S•�K � '.t lg331/ qj 46 r. t, v c r N V C T I O N WAIVER AND ftFLEASE ap LMN UPON FINAL PAYMENT The undersigned lienor, in cOnsidera fon Of the flnl Payment in the amount of W*es and releases Its lien W9.49 hereby nd der Goon BOC brittlejob toflR��7�'�etieforl X91 "r*es,Or Materials furnished to to the fallowing described property; an " s'I ar emrtts Prgject #IM Portion of Pub �d in Indian ttf�oar Cou , Florida DATED on o-ecertlber 13 2tXyg Lienor Names,- hex 5lgnature: Printed Natne: Title:.. Stage of Florida County or AckrtQwledge before me this '`� an behalf of day if do kno�Arn me OF has - who identificatioh. pr°duced as Notary Public Slgna r Printed Mame: � �, Was woo nu'WOL�s,A Comfnf�sian Expires; c#� P95 Ers �*- c U anT RAU t •r n n ni WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, In consideration of the firtal payment in the amount of 6 37°x.,75 hereby w;Mves and releases its lien and right to claim a filen, for labor, services, er materials famished to Indian River COunty BQCC on tine job of IRC s h- treet and pg1 Avenue CideWalirtmgrpyemen#S to the following described property; Project #1205 87t" Street and 814 Avenue Portion of Public Land in Indian #tiger County, Florida DATED on January. 30 2017 State of Florida Countyof Lienor Names: Neff Rental _ Signature: t Printed Name;�{� rtIQ: Acknowledged before me thin c day ofr 2017 by 6h behalf of �. � ' �{r, i t who is personally known to me' ideftffkrmon. NotAfy Public Signature: Printed Name: Nolary Public 5tateofFlodda Commission Fxpires: �, 10 Connie R Hm- tt r a My Commission FF 033402 t. oca EXplm-091221201-1 P96 G r7 N 8 T Rou C T p N WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned Ilenor, In consideration of the final payment in the amount of 12AL9.30 hereby, waives and releases its Ilen and right to claim a lien for labor, services, or materials furnished to ndian River Coun BOCC on the job of IRC 87th Street and 91' Avenue Sidewalk Im rovernents to the following described property: Project #120s 870i Street and 916t Avenue Portion of'Public Land in Indian River County, Florida DAM) on -__ Februa 27 2017 Lienor Names: Nature's Keeper, Inc. t- Signature: Printed Name:iY)A rA? Title: N6-:5 )fqU`T State of Florida County of Acknowledged before me this day of 2017 by on behalf of who is pIrSonallyknnRnt.�m. or -has produced identification. as ,�`„�:P'�a,,� COURTNEY L. BROWN NotaryPublic Sig ature: `s Notary Pubfte -State of Florida Printed Name: r : e My Comm. Expires Mar 19. 2017 Commission Expires: Y `-:�:' Commission # EE 879725 �'O%+��'' Bomlad Through National Notary ASan. P97 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of12 426.38, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to Indian River County BOCC on the job of IRC 871h Street and 911 Avenue Sidewalk Improvements to the following described property: Project #1205 87th Street and 91St Avenue Portion of Public Land in Indian River County, Florida DATED on February 27 2017 State of Flori County of Lienor Names: Don Bo Inc. Signature: Printed Name: (f %Co Title: Acknowledged before me this_ day of 1 2017 by LPIJL iCs�� on behalf of � �An TSF' who is verso_ Wally known to me or has produced as identification. /1 Notary Public Sig t Printed Name: l. Commission Expires! C"MJ Bo NOTARypUBLIC iSTATE OF FLORIDA 'bores 7h60M P98 RWe 14.24MI FA.Q STATE OF FLORIDA DEPARTMENT OFTRAN5PORTATIO14 700450.21 Rule 14-7e,008FA.C. CONTRACTOR'S AFFIDAVIT AND SURETY CONSENT 110T72!ON 08M9 (FORM 21-A) Page / a2 STATE OF FLORIDA COUNTY OF . .L1.0o(_0 . Before me, the undersignJd Notary Public, personally appeared Charles D. Kerns to me well known)r who has produced as identification, (Type of Identification) who being first duly sworn, deposes and says that he/she is: President (Title of duly authorized person) of Kerns Construction and Property Mgmnt Corp. a CoWration (Contracting entity) (Type of entity) the Contractor on Financial Project I.D. 4317281-68.01 Road No. in Indian River County, Florida under Contract No. with the State of Florida Department of Transportation dated the day of and that the Affiant based on his/her personal knowledge says that: 1. Said contract has been compiled with in every particular by the Contractor and that all parts of the work have been approved by the District Director of Operations of the State of Florida Department of Transportation. 2. The Contractor has not offered or made any gift or gratuity to, or made any financial transaction of any nature with, any employee of the Department In connection with obtaining or performing said contract 3. All amounts payable for labor, materials, or otherwise, in connection with said contract and work have been paid except for normal sub -contract retainages, which will be satisfied within 30 days after payment and/or release of retainage withheld under said contract 4. There are no claims or sults pending against sold Contractor or anyone In connection with the work done, materials furnished or otherwise, under said contract except as listed below. As to any such exception listed below, the Contractor has stated the name of the entity making the claim, the name of the entity against whom the claim is being made, and demonstrated below good cause as required by Section 337.11 (11), Florida Statutes. Claiming Entity Claim Agent Nature of claim Good cause explanation State of Florid County ofLue'Le _ Sworn to and subscribed before me this _ a36 day e (Print name of person signing Affidavit) CiQrnnitS3JOFl �tplres•- Pemh.a6 Known .X OR Produced Identification Type ofidentificbtion Produced JWA J. Guffmrx MY COW41SSION 8 FF92160T EXPIRES Oclobw 31 2019 4or '9164t5,1 F .air A false statement or omission made in connection with this affidavit is sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of non-responsibiiily, and may subject the person and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. Kerns Coat tructifln and Property Mgmnt. Corn. ntractor — IC By Charles D. Kerns, President Title P99 Rule 1424.001 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-06021 Rt" 14.79.000F.A.C. CONTRACTOR'S AFFIDAVIT AND SURETY CONSENT CONSTRUCTION 1209 (FORM 21-A) P89e2of2 We, the International Fidelity Insurance Company duly authorized to do business under the laws of Florida, having (Type or print name of Surety) heretofore executed a performance and payment bond for the Contractor covering the contract described above, hereby consent the State of Florida Department of Transportation making full payment of the final estimate, including the retained percentage, to the Contractor. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. IN WITNESS WHEREOF, the International Fidelity Insurance Company has caused this (Type or print name of surety) Instrument to be executed by its President, Chief Executive Officer or duly authorized Attorney -In -Fact and its corporate seal to be hereto affixed, all on this 20th day of February 2017 International Fidelity Insurance Company S ANY (AFFIX SEAL) BY: ❑ It resident or Chief Executive Officer Its Attorney -In -Fact ❑ Florida Licensed Insurance Agent STATE OF Florida COUNTY OF Miami -Dade (Attach Power of Attorney) Before me, the undersigned Notary Public, personally appeared Burton Harris to me well known or who has produced personally known as identification as the person described in and who executed the foregoing (Type of Identification) Instrument in the name of International Fidelity Insurance Company and Burton Harris acknowledged that he/she executed said instrument in the name of said surety as its Attorney -In -Fact for the purposes therein expressed and that he/she has due and legal authority to execute the same on behalf of said surety. Sworn to and subscribed before me this 20th day off eb 2017 c�. _ 4"cum 1.1110A IW VERA May Public - State of FloridaCommtaaion A 8G 047811ssion expires 01/1U/2021My Comm. Eaplma Jan 10.2021 Notary Public, State of Florida My National Nolary Assn. 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Project: 87th Street and 91St Avenue Sidewalk Improvements OWNER's Project No. 1205 OWNER'S Bid No. 2015036 You are directed to make the following changes in the Contract Documents: Description: The project is complete. This change order is intended to make final adjustments to bid line items in order to make final payment and release of retainage to Contractor. Increase contract time based on Work Change Directives — additional contract time added 1. Work Change Directive 1 & 2 — 42 days 2. Weather/Utility/Permit/Design Change Impact Days Granted —165 days Total Increase in Contract Time = 207 days Attachments: (List documents supporting change) 1. Description of Itemized Changes 2. Work Change Directives 1, 2, and 3 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1.084.854.00 Net decrease of this Change Order: $11.121.17 Contract Price with all approved Change Orders: $1.073.732.83 ACCEPTED: Date: Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 150 days 3/23/2016 180 days 4/22/2016 Final Completion: Net increase this Change Order: (days or dates) Substantial Completion: 207 da s Final Completion: 207 da s Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 357 days 10/17/2016 1 387 days 11/16/2016 Final Completion: es W. Ennis, PE ER (Signature) APPROVED: By: Richard B. Szpyrka, P.E. OWNER (Signature) Date: 00942 - Change Order No. 2 00942-1 FAPu61Ic WorksIENGINEERING DIVISION PROJECTS%1205-Vero Lake Estates Swk-87th St_101 st Ave to CR510 (LAP)%dmintegende itemsTINAL CHANGE ORDERWM2 - Change Order No. 2.doc Rev. 05101 P104 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 87TH STREET & 91ST AVENUE SIDEWALK I.R.C. PROJECT NO.1205 BID NO. 2015036 FM NO: 4317284-58168-01 _K=1fe iNo 120-6 �%SC�I tictn = Embankment it `� > nC 11 10NQ R CY 2,597 13.20 34 280.40 570-1-2 Preformance Turf Sod Bahia SY 3.919 2.07 8112.33 711-11-125 Thermoplastic Standard hits Solid 24" LF 220.00 3.50 770.00 WCD 1 Drainage Redesign 87th street LS 1 24 501.35 24 501.35 WCD 2 Pipe Culvert ACMP Round LS 1.00 9,023.30 9,023.30 WCD 3 Brick Paver Driveway and MES 14" x 23" LS 1 5,140.00 5140.00 285-704 10ptional Base Group 4 6" cemented Coquina) SY. 70 16.50 1,155.00 334-1-13 Su erPave Asphaltic Concrete SP -12.5 Roadway Aprons SY 15 21.53 322.95 515-3-1 Pipe HandRail/Guardrail LF 134 56.00 7,604.00 522-2 Concrete Sidewalk 6" Thick SY 408.00 35.50 14 484.00 527-2 Detectable Wamin s SF 335.00 28.00 9,380.00 711-11-123 Thermoplastic Standard hits Solid 12' LF 57 1.80 102.60 Force Account LS 1.00 60 000.00 60 000.00 SUBTOTALS I 1 1 81 827.38 92 948.55 PROJECT NAME TOTAL 1 $ (11,121.17) ange Order 7 P105 SECTION 00948 - Work Change Directive No. 01 DATE OF ISSUANCE: January 18, 2016 EFFECTIVE DATE: January 18, 2016 OWNER: Indian River County CONTRACTOR: Kerns Construction & Property Management Corporation Project: 87th Street and 911 Avenue Sidewalk Improvements OWNER's Project No. 1205 OWNER's Contract No. 2015036 You are directed to proceed promptly with the following changes: Description: Revisions to the drainage improvements on 87th Street due to the existing drainage pattern. The relocation of the sidewalk from the north side of 87th Street to the south side from station 82+00 to 98+00. Revisions to the drainage quantities and the addition of several quantity line items. Purpose of Work Change Directive: To address the existing drainage pattern on 87th Street that was not accounted for with the original design. Attachments: (List documents supporting change) Revised plans for 87th Street (Sheets 6 through 13 and 19 through 33) dated 1/14/16 Revised Itemized Bid Schedule dated 1/18/16 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices X Unit Prices ❑ Lump Sum ❑ Other: II By Change Order: Method of determining change in Contract Times ❑ Contractor's Records ❑ Engineer's Records X_Other: Material Acquisition for Drainage Inlets II By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $23.301.30 Substantial Completion: 35 additional days; 4/27/16 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for Final Completion. 5/27/16 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: By: RECOMMENDED: By: ENGINEER (Signature) APP774 By: CONTRACTOR (Signatuure) -OWNER (Signature) Date: I I Int 20l Date: / �g 1-6 Date: a 6 FAPublic WorksIENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St 101st Ave to CR510 (LAP)\Design\Work Change Directives\WCD #1\00948 -Work Change Directive Rev 06-2013.doc P106 1205 - 87th Street and 91st Avenue Revised Cost for Drainage Design Changes 3/18/20M Original Quandties Now Quantities Payltern Number* Pay Item Description* Quantity Unit Current Contract Unit Cost SubtotelCost 3 78 600.00 Roadway MOBILIZATION DEMORIUMON MAINTENANCEOFTRAFFIC 1 1 LS LS S 78880.00 $ 7888000 $ 84 00.00 S 64,500,00 EROSION AND WATER POLLUTION CONTROL 1 LS S 500,00 500.00 LS CtE'ARINGNDGRUBBING 1 LS FA 2450-00 82.40 5108.20 MAILBOX EMOVE ANO RES 62 EA $ 82.40 $ S 109.80 2,245 REGULAR EXMVATLON 1 6 CY $ &80 $ 0EMBANKMENT FiE 1997 CY $ 132026 0EXCAVATION $ FOR STRUCTURES 1200 C 3 8.80 $ 10 00 21.53 OPTIONALBASEGROUP4(6' COQUINA 40 SY $ 16.50 2S 1-00 3 SUPEpPAVE ASPHAUICCONCRETE (SP - ROADWAY APRONS 1400 SY S 21.69 $ 90142.00 EA gASSICONCRETE ENDWALIS 30 CY 805.00 18]5-00REINFORCEMENT 5 STEEL ROADWA 780 LOS S 220 1716.00 42S-1-521 INLETS, (DITQt BOTTOM) (TYPE C-) d0 24 EA S 20040 S 80040 4ZS-1-551 INLETS, (DITCH BOTTOM) (TYPE'E') a 9 EA S 725.01 175.03 25.2.42 MANHOLE P7 >10 4 EA $ 800.00 11 00 425-S-1 VALVES ADJUST 13 EA i 80.00 .00 430.174-112 PIPE CULVERT ACMP ROUND (12' SDI 1532 LF LF 26.40 S 40444.80 430.174 -UM PIPE CULVEI(F RCP ROUND 12' SD 870 LF LF BOAS 33 1.50 30.174115 PIPECULVERT ACNP ROUND >5'S0 746 LF 3 3525 Si 7,261.50 430.174-11SA PIPECULVERT RCP UND IS"SD 955 LF $ 35.20. lk496.00 430.174-336 PIPE CULVERT RCMP ROUND 18'50 120 LF S 38.50 S 4620.00 430.174.318A PIPE CULVERT RCP ROUND (18" SDI 924 LF 62 040.00 44.00 14i.S&00 430.174-124 PI PE CULVERT ACMP ROUND 241 SDI 217 IF $ 53.00 $ 11 1.00 430-174-136 PIPE CULVERT RCP IFtOuNpI j36"Sal0 890.00 LF S EA 430.174-148 PIPE ROUND 48'50 16 LF FA 210.00 g ,00 PIPECULVERTRCP(EWPTICAL (23"44' 430.174.215 SD) 26 LF $ 77.00 $ 2=00 430-9634 PVC BACK OF SIDEWALK DRAINAGE 0 EA S 25.00 5825.00 MITERED END SECTION (OPTIONAL 30-984121 ROUND SD) I>2 88 EA $ 600.00 S8,060,00 MITERED END SECFION (OPTIONAL 430-984-173 ROUND So ss' 21 EA 3 770.0 1617040 MTEREDENDSECTIX4 OPTIONAL 430.994 -IB ROUND SD 18 14 EA $ 090.00 19 ,00 MITERIED, ECIION OPTIONAL 30.984-129 ROUND SD 24' 3 EA S 1 100.00 00.00 3300-MWF MITBtED lJ4D SECTION (ELLIPTICAL) 430.984.629 145t79" 3 EA $ 770.00 t Z310.00 SSS -34 PIPE HANDRAI GUIDERAIL ALUMINU 212 IF $ 68.00 $ 31 2.00 5204-10 CONCRETE NRB GUTTER TYPE 0 LF 522-2 CONCRETE SIDEWALK6'THICK 9,100 SY $96,698.7 323 5-00 27-2 DETECTABLE WARNINGS 947 SF 26516.00 SAND CEMENT HEADWALL (FOR 36"530:1 PIPE 0 CY 550-3.4 RE OVE & RESET 4fi00T CL FENCE O LF p$2&00 70-1.2 PERFORMANCETURF SOD BAH 21 91 CY THERMOPLASTIC STANDARD WHISOLID 12 905LF 342940 THERMOPIA. STIC (STANDARD) (WHITE) 711-11-125 SOLID) (241 60 LF $ 3.50 210.00 Work Force Account Quand Unit mn Contract Contract Uldt Subtotal Cost 1 LS 3 78 600.00 S 78 880.00 1 LS $64,500.00 64 00,00 1 LS S 22 OD S 2250D40 1 LS S 24 5011.011 24 50040 62 FA 4 82.40 5108.20 1,299 CY $ &80 31.20 2,245 CY $ 1320 2969440 1.200 CY 6,80 10 60,00 40 SY $ 16.60 25 410.00 1,400 SY S 21.53 30142.00 30 Cr 3 605.00 ]B 150.00 780 LBS 3 220 716.00 26 EA S 2 200.E 57 I004o 3EA S 2,725.01 $ 8 17S.03 5 EA 6 2800-00 14W0,00 39 Fit $ 0020 1,040M 1 664 LF S 26.40 929.60 855 LF 3 38.46 $ W743S 1,203 LF S 35.25 S 47.405.75 LF S 9510 7,04040 LF $ 38.60 $ 92740 LF $ 44.00 OS6.OD E240 LF $ 69.00 27240 LF S 85.00 550.00 LF S 210.00 60,00 26 LF $ 77.00 00240 2 EA S 450.00 . 900,00 94 EA 1 $ 680.00 62 040.00 20 EA S 770.00 15 400.00 6 EA $ 890.00 S,940.00 1 EA 1100.00 10040 3 FA $ 770.00 910.00 182 LF 58.00 10192.00 233 LF S 25.00 5825.00 9100 SY S 35.60 323050.00 947 SF 28.00 26 16.00 5 CY S 500.00. 2,50D.00 135 LF $ 6.00 610.00 21,S31 CY S 207 44 69.17 1905 LF $ 1.80 3 29.00 ED LF $ &5D 23100 $96,698.7 oUl $ 1094 854,00 $ 3 084,854.00 Nates: Una Items In RED have been added to the Itemised Quantity Sheat Items In Blue an quantity changes due to the revised plans dated 3/14/16. 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F S H 2"'7 a.so x guar• x 19. 1x10.1 ?X ARIA Z fim -ww E.O.P. 0 a to m o GRAPHIC S1CALE (Ptia RIMY Tnrve1WP IIr{}T I T OWWAY ELOT 4dea88D s• sdaw191PCA1P mwnFlun TYPICAL SECTION A -A aoac 1ao RAN �6 M�1( Canuel�eNaPEc TYPICAL SECTION B - B -aeA1>: 1070 1 1 1 r WCD #1 Issued for Construction a wmm mwm ovtEslvr #1 1-14-18 5" 1/18/16 4UMM SHM ENOMBWimm1-8-10WN Na Rev Ism I o11s 9Y INDUAN RIVER COUNTY DEPARTMENT OF PUBUC WORKS PaPsa.n e l mm rr 9¢r P0734 1V° 4917Q8 -1 -38 -OI 9-09-14 87ST STREET SIDEWALK IMPROVEMENTS axPr 1�3 FM M : NONq/owAMB uNEA70.11W 12�r14 Y VE p XACCK FL 3n a!t- N• HELLER > S FROM 101ST AVENUE TO C.R. 510 1 ►ER locr tRc ralw1u11s 11-10-14 mza 567-900o ENGINEERING 13MSION w.P.P-L3.3VMA .xm 9� 1205 SIDEWALK PLAN STA. 96+00 TO STA. 98+19.52 51 ' T T CL NIB MEN lllllllllMmm #1 Issued for Construction NONE Tm ME MMMEMMMMEMOMMMMMMMMMMMmmm§MMII,m� Emmmmmmmmmosommmmmmmmmmmmmmz.wAM OMMMEMMMMMMMMMMMMMMMMMMMMMMMMM�i mmmmmmummmmmmmmmmmmmmmmmmmmmmm, MENEM m- MENNEN MENEM MENESS MENEM 10 MEMO W-MEMISE, co T 125 211 1 2 A9 STA fOt O ty T. F' {V FE iiep V 5 25 k a t T. F' 115 /5 4 S i tX _ O 20 SrA. 38,i L6 15 f '4-.0 1S 717 V MENEM ed MENEEMEMENOMENEEMMMOImmmmmmmmmmwI mmmmmmmmm!mmmmmmmmmmmmimmmmmmmommoI IN mmmmmm!imvmwmmmmmmmmmmzmmmmmNMEE=Mlm MMMMMMMMMUMMEMMMMEEMMMMEMMEMME mmommommmmommmmmmmommmmmommmmmm WCD #1 Issued for Construction MEN d MIMI MENEM MEMEMEMMONEOMENENNOMEomm � A � MEN, MENNEN v■ ■ 4. - - - - N N T CL IMMOSSIMINON.- NORRIMMMMEMSIMMMEMISIMPREMMINI'M MENEM INISIMEMEMMISIMINSIONEMIMINIMMElmommmil IMIMISIMUMMIUMIMIMEMIMMEMMMMEMISIMIS SIMON! MMMMMMEMMMMMMMMMMMMMMmmmmmmmm IMENSIMMEWME mmmmmmumMINOMMIMMINNNIMMISIMMI MENISIMEM Emomm- IMISIMEMMMI MENEM T CL monomommmummmmmmmmmmmmmmmmmmmomm SOME MENEM IMIMMISSIMME IMMOMMI NONE MEZ MMINIMIMMISIMMERM IMMEMMISIMINIMMIMM WC■ s■ - - ---- --- . _— ----- - - - - --- - ---------- - It N T a. ■ iWCD #1 Issued for Construction Em oil C r Ila MEMEMIEF"m HIMMEEMIS IMMINSIMINWROME11 ME momommmoommom mommommoommomm NONE SOMEONE No MEMEMEMENEEMEMOMMOMMOoomm SENSE offmommommoommoom WCD4"med for Constructon !1118/16 MEMOS -�] o"ONEEMEEMENSEME 0 WOMEN! ___._� _-__ �»_---- -------------- -- --- - N T CL #1 Issued for Cons,ruction NEON MMMOR WOMEN MAN ::.,. .. T a ommmommoommmmmmmmmmmmmMMOMMMMMEN mmommmmmmmommmmummmammmm,mmummoI IN mmmMMIlMmMMmmmmMMmwM�=-mM=mmmm mm CSm IS - - N T CL IMMIMMEM! IMMIMMEMEMMINNIINEEMINIMMENSIME SENSE IMEMEMIMIMEMIUMMINUMMIMEMIMINSIME M MOMMMIMMIMMIMMEEMEmmommommommoml SENSE ENGINEERING DIVISION JO S 2 S 202,01 ly lV 0 15 j 15 5 L M I 15 15 25 25 rm Ir cum— 20 — 9 1151 15 5T. 6' w r 4 15 25 20 1 115 1 Huss : fMJ 15 i WCD #1 Issued for Construction 25 25 11/18/16 - � 1 20 1 10 STA 98t0 � >'r 15 d a > 4 15 40 Q zo to EwaT -T INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS s�..a sirrwu �oe�S+ sn�ze rse m s z s 87TH STREET SIDEWALK IMPROVEMENTS °@ 33 ism 2>� sr�r ..�•a K moss FROM 101ST AVENUE TO TO C.R. 510 V �� a R rsso yUl my �_a� ENGINEERING DIVISION -OwOmR, SZPYg6A — 2M . 1205 CROSS SECTIONS STA. 96+00 TO STA. 98+00 51 SECTION 00948 - Work Change Directive No. 02 DATE OF ISSUANCE: March 21, 2016 EFFECTIVE DATE: March 21, 2016 OWNER: Indian River County CONTRACTOR: Kerns Construction & Property Management Corporation Project: 87th Street and 91stAvenue Sidewalk Improvements OWNER's Project No. 1205 OWNER's Contract No. 2015036 You are directed to proceed promptly with the following changes: Description: Due to unknown existing conditions of off-site drainage, modifications to the proposed drainage system are necessary. Purpose of Work Change Directive: To address the existing off-site drainage pattern on 91st Avenue that was not previously known in the vicinity of Stations 52+00 and 56+00. Attachments: (List documents supporting change) Revised plan sheet 14 of 51 for 91st Avenue; Revision Date: 3/10/16 Kerns Construction proposal 1205 — CA02 dated 3/16/16 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices X Unit Prices X Lump Sum 0 Other. II By Change Order: Method of determining change in Contract Times 0 Contractor's Records II Engineer's Records X Other: Remove and Re -install Drainage Pipes. 0 By Change Order. Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $9.023.30 Substantial Completion: 7 additional days; 5/4/16 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for Final Completion - 6/4/16 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: APPROVED: gy: �J By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: 3%2� itf, Date: 3Z-2_1116 11 Date: SZ� * * END OF SECTION * * C:\Users\rszpyrka\Des1dop\1205 - 87th Street & 91st Avenue -Work Change Directive #2 032116.pdtdoc P131 #KERNS C 0 N S T R U C T 1 0 N 1205 VLE SIDEWALKS - 87TH STREET & 91ST AVENUE CONTINGENCYADJUSTMENTNUMBER TWO - STORMMODIFICATIONS STA 52+00 - 57+00 Cate of: Mr. Richard Szpyrka, P.E. Indian River County, Engineering Division Proposal: 1205 - CA02 180127th Street Date: 3/16/2016 Vero Beach, FL 32960 EOR Indian River County 772-226-1221 AHJ: Indian Rivet County rszpyLka@ircga-,,.com PROPOSED SCnPR OF WORK Item Description EST. QTY UNIT RATE AMOUNT 430-174-112 PIPE CULVERT ACMP (ROUND)(12" SD) 90 LF $26.40 $2,376.00 430 -174 -112A -A PIPE CULVERT RCP (ROUND)(12" SD) (REMOVE EXISTING) 135 LF $5.20 $702.00 430 -174 -112A -B PIPE CULVERT RCP (ROUND)(12" SD) (REINSTALL EXISTING) 135 LF $23.00 $3,105.00 430-984-121 MITERED END SECTION (OTHER SD) (121) 2 EA $660.00 $1,320.00 522-2A REMOVAL & REINSTALLATION OF FORMBOARDS 1 LS $400.00 $400.00 120-6A RE -GRADING OF SIDEWALK PADS 1 LS $300.00 $300.00 PROPOSAL SUBTOTAL $8,203.00 10% OVERFLEW & PROFIT ,$820.30 GRAND TOTAL $9,023.30 CONTRACT TIMES SUBSTANTIAL COMPLETION DATE 4/27/2016 PROPOSED TIME EXTENSION (THIS REQUEST) 7 CAL DAYS PROPOSED REVISED SUBSTANTIAL COMPLETION DATE 5/4/2016 Proposal Notes & Cladfications 1 QmanA es are bared on revised plan sheet 14 ax e-mailed on 3-11-16. 2701 Industrial Avenue, Ft. Pierce, FL 34946 •772-985-5015 (0) 772-209-7700 (F) State Certified General Contractor CGC 059365 i P132 BEGIN CONSTRUCTION "-sa' °°°°r -o:°° °°°°'° 31 ° 34-00007-02 -^°°°e° JrWM CAMM n .uonc urs 0 cco0a) e � ,rre m 2" K .:m, STA. 50.1.11 36 A2MM GW°a C e IMIJ 5 A m 2AZI h I I tl �G oltA ,751. PG. I" lAVE s,or :) �15Y (P 91°'7 "' "rt x00 xx0 ao a 157• (P 757' (P) 00 n ao UNE • n. p �••,. .. - '.. ,w yam." ._ o J./xlo uitl. • v"e"r,xeair 010 -t- raw- ..' "—v -iv —v �i v '61T0p>P'm .. v —v =v —v 001 G =+—v —v —v -Vi ^••� v v v —v - AIT LF li ACN? . _. X00 �I 50 Sx-+�u 5II 51+007 `"U 52+00 53+00 5[+00 5+00 36 u• u' �� OF SURVEY 1�1=i�40a02 n ' nr3,a1• %y , w• _ SaY. - �.. "•.,�x....se• ., —�' Ay=y —v.: N i 4l .I IMM -- �-..-1 -�� n• sr mow.-w_-t'�z•� nr •.wia w� _v ..iZ °"° v �_v —v ' _firun,mn "W —v ' l,RVAL Th -70,10-OOW0.0 ° 3, +o-aa-wool-omo-00oun -- - CSM6r. 71' k!S 6Y171S1C JZ' I�4 W-0100-0OO,0.V W& e fDl7l LIQdEX a3 lAOr Af67FX 173 s+ M R QABR 1 R PG. zt9 59+ 41 60200 KIX7. GROI oxe.'1037. ra 1m y Coe ,• (1RVEY /1, A LF 71' t ♦ 31-0x-3a.dpmhC2m-OmOSD 31-3 aoaOfbtOD-°OOM0 ' d,-e•.s/-mom-0n0 cOm7.0 ai-J�at-oo00f�x00-00001021, Rr Bout mR, wow WA w,m Oaa. 1370. r0. 501 31-3-4-00007-0100,000134 mocom .LAKES J fllV NCCIHE .I�KN J (1(4 37A. fIATV.q f/' Rr. aeaiiiK . ra „w 5 mm 074 FMU= 91441311M3-10-10 NI I"10 Aw X77 !r Ars 1+0• 1 INDIAN R ER COUNTY #Jam fAer AIY.ff vs AM Mc M JRsn ,aaoxxP.SiPYRKA -w--R 4 x"m av7ea rs° at cans 91ST AVENUE SIDEWALK IMPROVEMENTS : ttw a10 170111DIR 7:-1°-1a 34- 900 00°� ° "0 lavr waex srs 201. oR --- M Ki11317 00nmar¢i FROM 79TH STREET TO 87TH STREET N3. r7. 10 0sa ,/� R� fiNE M" me 11- 0- s cm 567-3000 ENGINEERING DIVISION .rm -FL SZ"M — as }205 n 51 157' ( .• nm ws tns2 1 SY (P) xwwwx r A �¢ r0¢ �• 15Y (P) xm x,011xt ]se ao 7F1 - �.. "•.,�x....se• ., —�' Ay=y —v.: N i 4l .I IMM -- �-..-1 -�� n• sr mow.-w_-t'�z•� nr •.wia w� _v ..iZ °"° v �_v —v ' _firun,mn "W —v ••• 7'" w .wna7r pru rxx,., �SwaKr' —v ;=v v "• 4'r .arc' �u wp-v -v .. v>. —v xa0 rr.,v �' - w,�}a}5 v �a -v 3, +o-aa-wool-omo-00oun -- - CSM6r. 71' k!S 6Y171S1C JZ' I�4 fDl7l LIQdEX a3 lAOr Af67FX 173 56 Akgt4C7E i0 Srr 0 S8 59+ 41 60200 61+00 e y Coe ,• (1RVEY /1, A LF 71' t ♦ 12 A Arcy�,'•'�l�!!-"-'r�l�r-rs����,: 1!fYY� 3 a's'��i�aic`'-��:` r p'�•p'X'���1�i:.�_'-t�Ea�s, z��i'!!1T'a��wer.�� '--Q�- - '57 W'it'+:.-""rTL"�ai3`'n•=.,`"'fs�.'i ii $�'--�F:.,r . ...b--i-"s.=. _ _ _ '�'----,:--»�F.��.,'iib'�33�s�vi73=�-zm�asc•.z-'_ ��tr iMl tip R,,. r 1 Af AW. 6. M AW. AL JA" 3, +o-aa-wool-omo-00oun -- - CSM6r. 71' k!S 6Y171S1C JZ' I�4 fDl7l LIQdEX a3 lAOr Af67FX 173 fDOT AMQfA' 173 iDrOT AtQEY T73 l,we7. P311nw + p/I a AV LL fan AW. AL lam ztaea.-Doom-o,so-am, muse- tl (i/� (1� Mff AV" 273. AW AWM 173 Bout mR, wow WA w,m Oaa. 1370. r0. 501 31-3-4-00007-0100,000134 mocom .LAKES J fllV NCCIHE .I�KN J (1(4 5 mm 074 FMU= 91441311M3-10-10 NI MD.^ -0 1. O�WWI 0 0.0.e N01. Po. 2300 1+0• 1 INDIAN R ER COUNTY DEPARTMENT OF PUBLIC WORKS ,aaoxxP.SiPYRKA -w--R 4 x"m av7ea rs° at cans 91ST AVENUE SIDEWALK IMPROVEMENTS : ttw a10 170111DIR 7:-1°-1a Ism 27TH 37REEr vV= WACK Ft W. --- M Ki11317 00nmar¢i FROM 79TH STREET TO 87TH STREET tv M" me 11- 0- s cm 567-3000 ENGINEERING DIVISION .rm -FL SZ"M — as }205 SIDEWALK PLAN STA. 49+00 TO STA. 61 +60 51 1 —. w I SECTION 00948 - Work Change Directive DATE OF ISSUANCE: 4/10/2017 No. 3 EFFECTIVE DATE: 4/10/2017 OWNER: Indian River County CONTRACTOR: Kerns Construction & Property Management Corp. Project: 87th Street and 91$'Avenue Sidewalk Improvements OWNER's Contract No. 1138 FDOT FPN: 431728-1-58-01 You are directed to proceed promptly with the following changes: Description: Based upon a review of the field conditions of end walls & handrails installed to address ADA concerns adjacent to mitered end section it was been determined that in order to prevent erosion issues from damaging/undermining newly installed drainage features that the mitered section would need to be modified to eliminate any soil gap between the closely located drainage features. Additionally, the new sidewalk required the partial removal of an existing paver -style driveway which had to be mortar set during reinstallation in order to ensure that it met ADA requirements. Purpose of Work Change Directive: The purpose of this work change directive is to provide the Contractor compensation for performing work that was not included or identified as part of the original bid plans and to prevent newly installed drainage and ADA features from being undermined/damaged due to erosion. Attachments: (List documents supporting change) -Contractor Change Proposal If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices II Bid Unit Prices II Lump Sum Other: Review of Contractor's proposal F1 By: Method of determining change in Contract Times [( Contractor's Records Engineer's Records ❑ Other: 0 By Change Order: Estimate increase/decrease in this Work Change No change in Contract time Directive $5,140.00 Substantial Completion: 357 days; 10/17/2016 Ready for Final Completion: 387 days; 11/16/2016 If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECO NDED:, 'PROVED: By:��� �e M ^ B : aures W. Ennis, By: R c and B. zpyrka, PE Date: f-1, INEER (Signature) Date: 4//u// '1 OWNER (Signature) Date: 9-, R%Public Worka\ENOINEERING WISION PROJECTS\1206-Vero Lake Estates Swk-87th St 101st Ave to CR610 (LAP)1Adm1n\Work Change Dlrec ivesURC-1138 WCD- W_Drivaway Pavers.doc P134 i ! i i OKERNS C 0 N S T R U C T I O N PROPOSAL FOR: ADDITIONAL REMEDIAL WORK 87th STREET & 91st AVENUE i STA 92+80 (9055 85th Place) Mitered End Section 430=984623a MOTIFIED MITERED END SECTION (ELIPTTCAL) (14"x23' 1 EA $770.00 $770.00 SUBTOTAL 70.00 i STA 99+49 (9095 86th Place) Mitered End Section 430-984.623a MOTIFIED MITERED END SECTION (ELIPTICAL) (14"x23'5 1 EA $770.00 $770.00 SUBTOTAL $770.00 STA 97+15 (8675 90th Place) - DRIVEWAY CULVERT MODIFICATION 120-6 EMBANKMENT 45 CY $13.20 $594.00 430-174-112 PIPE CULVERT ACMP (ROUND) (12" SD) 30 LF $26.40 $792.00 430-174-112a DELIVERY CHARGE - FERGUSON WATERWORKS 1 EA $200.00 $200.00 430-984-121 MITERED END SECTION (OPTIONAL ROUND SD) (12") 2 EA $660.00 $1,320.00 570-1-2 PERFORMANCE TURF (SOD) (BAHIA) 200 SY $2.07 $414.00 CONCRETE COLLAR 2 EA $500.00 $1,000.00 SUBTOTAL $4,320.00 OPTION "A" STA 69+00 (9430-9440 87th Street) PIPE HANDRAIL & FOUNDATION 120-6 EXCAVATION 1 IS $200.00 $200.00 515-3-1-A 12" x 18" FOOTER 70 LF $24.00 $1,680.00 515-3-1 PIPE HANDRAIL/GUIDERAIL (ALUMINUM) 70 LF $56.00 $3,920.00 570-1-2 SHORT LOAD FEE 1 LS $225.00 $225.00 570-1-2 PERFORMANCE TURF (SOD) (BAHIA) 200 SY $2.07 $414.00 { 430-174-112a DELIVERY CHARGE - FERGUSON WATERWORKS 1 EA SUBTOTAL $6,439.00 OPTION "C" STA 69+00 (9430-9440 87th Street) TYPE C INLET & PIPE 110-1-1 CLEARING AND GRUBBING 1 LS $1,500.00 $1,500.00 120-6 EMBANKMENT 45 CY $13.20 $594.00 425-1-521 INLETS, (DITCH BOTTOM) (TYPE "C") (<10) 1 EA $2,200.00 $2,200.00 425-1-521a DELIVERY CHARGE - ACI PRECAST 1 EA $400.00 $400.00 430-174-112 PIPE CULVERT ACMP (ROUND) (12" SD) 80 LF $26.40 $2,112.00 I 430-174-112a DELIVERY CHARGE - FERGUSON WATERWORKS 1 EA $200.00 $200.00 570-1-2 PERFORMANCE TURF (SOD) (BAHIA) 200 SY $2.07 $414.00 CONCRETE COLLAR 2 EA $500.00 $1,000.00 I SUBTOTAL $8,420.00 STA 33+25 (87269100th Avenue) PIPE EXTENSION AND MITERED END SECTION i ! 110-1-1 CLEARING AND GRUBBING 1 LS $1,500.00 $1,500.00 120-6 EMBANKMENT 45 CY $13.20 $594.00 430-174-115 PIPE CULVERT ACMP (ROUND) (15" SD) 20 LF $35.25 $705.00 430-174-112a DELIVERY CHARGE - FERGUSON WATERWORKS 1 EA $200.00 $200.00 430-984123 MITERED END SECTION (OPTIONAL ROUND SD) (15") 1 EA $770.00 $770.00 570-1-2 PERFORMANCE TURF (SOD) (BAHIA) 200 SY $2.07 $414.00 SUBTOTAL $4,183.00 VARIOUS LOCATIONS - ADJUST FIRE HYDRANTS ADJUST FIRE HYDRANT 2 EA $750.00 $1,500,00 SUBTOTAL $1,500.00 VARIOUS LOCATIONS - ADDITIONAL MAINTENANCE OF TRAFFIC 102-1a ADDITIONAL MAINTENANCE OF TRAFFIC TO COMPLETE 1 IS $1,225.00 $1,225.00 ABOVE SUBTOTAL $1,225.00 P135 #KERNS C 0 N 8 T R U C T 1 0 N 1205 VLE SIDEWALKS - 87TH STREET & 91ST AVENUE CONTINGENCYADJUSTMENT NUMBER FOUR - DR] VEWAYMODIFICATIONS STA 69+45 Care of: James Ennis, PE, PMP Indian River County, Engineering Division Proposal: 1205 - CA04 180127th Street Date: 7/25/2016 Vero Beach, FL 32960 EOR Indian River County 772-226-1221 AHJ: Indian River County jenni§ a cgov.com PROPOSED SCOPE OF WORK Item Descrl dose EST: QTY UNIT RATE 522-2a Surface Applied Paver Tiles (Mortar Set) 1 LS $3,600.00 $3,600.00 GRAND TOT $3,600.0 PROPOSED TIME EXTENSION (THIS REQUEST) 21 CAL DAYS Proposal Notes & Qaritrcadons I 2701 Industrial Avenue, Ft. Pierce, FL 34946 772-985-5015(0) 772-209-7700(F) State Certified General Contractor CGC 059365 P136 UZ CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: April 11, 2017 SUBJECT: Approval of Animal Shelter Services Agreement with Humane Society of Vero Beach and Indian River County It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 13, 2016, the Board approved staff's recommendation to approve the extension ofthe contract for Animal Shelter Services and to solicit submittals from qualified firms to provide Animal Shelter Services for the County's Animal Control Division. Subsequently, the Indian River County Purchasing Division issued a Request for Proposals (RFP # 2017023) and one (1) submittal was received and determined to be complete and timely at the bid opening. A review and selection committee, appointed by the County Administrator, reviewed the proposal in relation to the requirements of the RFP and determined award to the Humane Society of Vero Beach and Indian River County to be in the best interest of the County. Staff also requested a best and final offer from the Humane Society, resulting in a reduction in proposed pricing for the service. FUNDING: The current contract has a cost of $80.00 per animal for housing and care. In FY 2015/2016 the total expenses for animal care was $294,710. This updated agreement increases the fee from $80.00 to $85.00 per animal beginning May 2017 through September 2019, and then increases to $90.00 for FY 2019/2020. Based on the intake of animals, staff projects an annualized increase of $20,000 for the Humane Society from the General Fund/Quasi Non -Profit Agencies, 00111062-088310. P137 RECOMMENDATION: Staff recommends the Board award the agreement of Animal Shelter Services to the Humane Society of Vero Beach and Indian River County. ATTACHMENTS: 1. Ranking Committee Summary Sheet 2. 2 Original Copies of Contract P138 Name of Community: Indian River County Name of Person Comp efing Summary: John King, Director of Emergency Services Firm # A Humane Society Vero Beach & Indian River County Firm # B Firm #C Firm # D RANKING BY COMMITTEE MEMBER: Firm Firm Firm Firm A B C D ■ Jason Ogilvie I • Ran Sweeney I • John King I • Steven Hitt 1 ■ Michael Sm kowski I TOTAL 5 Final Ranking : Is' A 2nd 3rd 4th Signature of Compiler of Individual Scores: P139 CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES BETWEEN THE HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, INC. AND INDIAN RIVER COUNTY, FLORIDA This Contract for Providing Animal Shelter Services for Indian River County, Florida, ("Contract") entered into April 2017, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County") whose address is 180127 th Street, Vero Beach, Florida 32960 and the Humane Society of Vero Beach and Indian River County, Florida, Inc. a Florida not for profit corporation, whose address is 6230 77th Street, Vero Beach, Florida 32967 ("Society"). BACKGROUND RECITALS WHEREAS, the County published a Request for Proposal for Animal Shelter Services for Indian River County, Florida on January 13, 2017; and WHEREAS, the Society was the only entity that submitted a response to the Request for Proposal; and WHEREAS, since October 1, 1995, the County and the Society have entered into Contracts, Extensions and Amendments for Providing Animal Shelter Services for Indian River County, Florida; and WHEREAS, the County has been satisfied with the services provided by the Society in the past and after review of the Society's response to the Request for Proposal for Providing Animal Shelter Services, the County finds that the Society meets the requirements contained in the Request for Proposals. WHEREAS, the County desires to obtain the Animal Shelter Services of said Society as further described herein; and WHEREAS, the Society hereby certifies that it has been granted and possesses valid, current licenses to do business in the State of Florida and in Indian River County, Florida, issued by the respective State Board and Government Agencies responsible for regulating and licensing the services to be provided and performed by the Society pursuant to the Contract; and, NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Society agree as follows: 1. The above Background Recitals are true and correct and are incorporated into this Contract. ARTICLE 1.0 - SCOPE OF SERVICES The Society hereby agrees to provide and perform the services required and necessary to complete the Scope of Services and work set forth in the Request for Proposals attached as Attachment "A" and Attachment "B" entitled Collection and Transmittal of Revenue to the County; hereto and made a part of this Contract each of which is attached. ARTICLE 2.0 - ENTIRE AGREEMENT This Contract is intended by the parties hereto as the final and exclusive expression of the provisions contained in this Contract and it supersedes and replaces any and all prior to contemporaneous contracts 1 P140 and understandings, oral or written, in connection therewith, between the parties hereto. This Contract may be modified or changed only upon the written consent of the parties hereto. ARTICLE 3.0 -TIME OF PERFORMANCE The Contract shall begin on May 1, 2017, and end on April 30, 2020, unless otherwise terminated according to the provisions of the Contract. This Contract may be continued for three additional one year periods after the initial term unless either party shall give thirty (30) days' written notice prior to the expiration date. ARTICLE 4.0- OBLIGATIONS OF THE SOCIETY The obligations of the Society with respect to all the Services authorized pursuant to this Contract shall consist of the following: 4.1 LICENSES: The Society agrees to obtain and maintain throughout the terms of this Contract all such licenses as are required to do business in the State of Florida and in Indian River County, Florida, including, but not limited to, licenses required by the respective State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the Society. 4.2 QUALIFIED PERSONNEL: The Society agrees that when the services to be provided and performed related to a professional service(s), which, under Florida Statutes, requires a license to practice such services, to employ and/or retain only qualified personnel to be in charge of all Services to be provided pursuant to this Contract. In carrying out the provisions of this Contract, all Society employees will be responsible only to the Board of Directors and/or management of the Society. Likewise, the Animal Control Officers employed by the County will be responsible only to and supervised by the Animal Control Director of the Department of Emergency Services. 4.3 STANDARDS OF PROFESSIONAL SERVICE: The Society agrees to provide and perform all services pursuant to this Contract in accordance with the laws, statutes, ordinances, codes, rules, regulations, and requirements of governmental agencies which regulate or have jurisdiction over the services to be provided and/or performed by the Society. 4.4 REPORTS: The Society will provide reports of animals handled monthly utilizing a form and format mutually agreed upon. This report will be delivered to the County no later than the 15th of each month following such service. 4.5 SOCIETY TO HOLD COUNTY HARMLESS: The Society shall be liable and agrees to be liable for, and shall indemnify, defend and hold the County harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorney's fees arising out of the Society's errors, omissions, and/or negligence. The Society shall not be liable -to, nor be required to indemnify the County for any portions of damages arising out of any error, omission, and/or negligence of the County, its employees, agents, or representatives. 4.6 COUNTY TO HOLD SOCIETY HARMLESS: The County shall be liable and agrees to be liable for, and shall indemnify, defend and hold the Society harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation P141 services, and attorney's fees arising out of the County's errors, omissions, and/or negligence, to the extent allowed by law. ARTICLE 5.0- OBLIGATIONS TO THE COUNTY 5.1 COMPENSATION & METHOD OF PAYMENT: The County agrees to pay the Society as follows for and in consideration of the services as described in this Contract. $85.00 per animal for each animal received, excluding requested euthanasia, foster pets, and out of county animals from May 1, 2017 to April 30, 2019 $90.00 per animal for each animal received, excluding requested euthanasia, foster pets, and out of county animals from May 1, 2019 to April 30, 2020. The agreed upon sum shall be paid in monthly increments, to be paid within 10 business days after receipt of the monthly Animal Control Report. 5.2 The County and the Society agree that the County will not incur any further expenses other than noted above after an animal is turned over to the Society. The County recognizes the scope of housing services provided by the Society is limited to daily operation and normal occurrence relating to the unwanted pet population in the County (per Attachment A) The County and the Society mutually agree that in extraordinary circumstances beyond the Scope of Service in Attachment A, direction from the Board of County Commissioners will be obtained as to resolution of the unusual event or occurrence. ARTICLE 6.0- SECURING AGREEMENT The Society warrants that they have not employed or retained any company or person other than a bona fide employee working solely for the Society to solicit or secure this Contract and the Society has not paid or agreed to pay any person, company, corporations or firm other than a bona fide employee working solely for the Society any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the Contract, with the exception of their legal counsel assisting in the preparation of the Contract. ARTICLE 7.0- CONTRACTUAL BASIS The Society shall perform the conditions of the Contract on an independent contractor basis, and nothing contained herein shall be construed to be inconsistent with this relationship or status. The Society and its employees are not employees of the County, and are not entitled to the benefits provided by the County to its own employees. The Society and County shall each file such Federal and State tax returns as may be required of each of them. The Society, as a private employer, and its employees, are not governed or bound by any collective bargaining agreements, employment policies, grievance procedures, or laws/ordinances which may control the relationship between the County, a public employer, and its employees. ARTICLE 8.0- APPLICABLE LAW 3 P142 This Contract shall be governed by the laws, rules and regulations of the State of Florida and Indian River County relating to Animal Control, Animal Welfare, and Animal Cruelty. ARTICLE 9.0- INSURANCE 9.1 INSURANCE COVERAGE REQUIRED A) The Society shall obtain and maintain such insurance or self-insurance as will protect it from: (1) claims under Workers' Compensation laws, Disability Benefits laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease, death of any person other than its employees, including claims insured by usual personal injury liability coverage; and (3) from claims for injury to or insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property, including loss or use resulting therefrom, any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this Contract, whether such services, work and operations be by the Society, its employees, or by any sub-consultant(s), subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. B) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. C) The Society shall require, and shall be responsible for insuring, throughout the time that this Contract is in effect, that any and all of its sub -contractors obtains and maintains until the completion of that sub- contractor's work, such of the insurance coverages described herein and as are required by law to be provided on behalf of their employees. D) The Society shall obtain, have and maintain during the entire period of this Contract all such insurance or a self-insurance program as set forth and required herein. 9.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATES A) The Society, within fourteen (14) calendar days of execution of this Contract, shall submit to the County all such insurance certificates or self-insurance program documentation as are required under this Contract. Failure of the Society to submit such certificates and documents within the required time shall be considered cause for the County to find the Society in default and terminate the Contract. Before the Society shall commence any service or work pursuant to the requirements of this Contract, the Society shall obtain and maintain insurance coverage of the types and to the limits specified hereinafter, and the Society shall file with the County certificates of all such insurance coverages. B) All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the County and licensed in the State of Florida. C) Each Certificate of Insurance or self-insurance program documentation shall be submitted to the County in hard copy or electronically. D) Each Certificate of Insurance shall include the following: 1) The name and type of policy and coverages provided; 4 P143 2) The amount or limit applicable to each coverage provider; 3) The date of expiration of coverage; 4) The designation of Indian River County, Florida, both as an additional insured and as a certificate holder. (This requirement is excepted for Professional Liability Insurance and for Worker's Compensation Insurance); and 5) Cancellation - Should any of the described policies be canceled before the expiration date thereof; the issuing company will endeavor to mail 30 days written notice to the Certificate Holder named. E) If the initial, or any subsequently issued, Certificate of Insurance expires prior to the completion of the work or termination of this Contract, the Society shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Society to provide the County with such renewal certificate(s) shall be justification for the County to terminate this Contract. 9.3 INSURANCE COVERAGES REQUIRED: The Society shall obtain and maintain the following insurance coverages: A) WORKERS' COMPENSATION: Coverage to comply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. In addition, the policy shall include the following: (1) Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $100,000 for each accident, whichever limit is greater. (2) Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the County with thirty (30) days prior written notice of cancellation and/or restriction. B) COMMERCIAL GENERAL LIABILITY: Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall include the following: (1) Minimum combined single limit of $500,000.00for Bodily Injury Liability and Property Damage. (2) Contractual coverage applicable to this specific Contract including any hold harmless and/or such indemnification agreement. C) COMMERCIAL AUTOMOBILE LIABILITY: Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Automobile Liability Policy filed by the Insurance Services Office and must include the following: (1) Minimum combined single limit of $500,000.00 for Bodily Injury and Property Damage. (2) Coverage shall include owned vehicles, hired and non -owned vehicles, and employee non- ownership. ARTICLE 10.0 - RECORDS 10.1 MAINTENANCE OF RECORDS: The Society will keep and maintain adequate records and supporting documentation applicable to all of the services provided and expenses incurred pursuant to the requirements of this Contract. Said records and documentation will be retained by the Society for a minimum of five (5) years from the date of termination of this Contract or for such period as required by law, whichever is less. 5 P144 The records and documentation referred to in the above paragraph shall be subject to one (1) annual audit at a reasonable time during this contract, with at least thirty (30) days written notice; provided, however, such activity shall be conducted only during normal business hours of the Society and at the expense of the County, which expense shall not be paid out of or deducted from the compensation described in Article 5.0. Any such audit shall be limited to records and documentation relating to revenues and expenditures of funds provided by or due to the County. ARTICLE 11.0- TERMINATION 11.1 This Contract may be terminated by the County at its convenience, by giving 180 days written notice to the Society. The County may, if due to the fault of the Society, without prejudice to any other right or remedy, after 90 days written notice, terminate this Contract if: A. The Society is adjudged to be bankrupt or insolvent. B. The Society makes any assignment for the benefit of creditors. C. A trustee or receiver is appointed for the Society or for any of the Society's property. D. The Society files a petition or seeks in any manner to take advantage of any debtor's actor to reorganize under bankruptcy or any similar law. E. The Society violates any material provision of this Contract and has failed to cure such violation after 30 days written notice from the County, which describes the alleged violation, and requests cure. 11.2 The Society may terminate this Contract by submitting a written notice to the County dated not less than 180 days prior to the termination date and stating the reason(s) for such termination. 11.3 Termination is effective on the date specified on the written notice. In any event of termination under this paragraph, the Society shall be paid for all animals received until termination, and shall retain all rights and remedies, if any, provided by law. ARTICLE 12.0 -NOTICES AND ADDRESSES 12.1 NOTICES BY SOCIETY TO COUNTY: All notices required and/or made pursuant to this Contract to be given by the Society to the County shall be given by the United States Postal Services, Certified Mail, Return Receipt Requested, to the following County address of record: Indian River County Department of Emergency Services 422543 rd Avenue Vero Beach, Florida 32967 Attention: Director of Emergency Services 12.2 NOTICES BY COUNTY TO SOCIETY: All notices required and/or made pursuant to this Contract to be given by the County to the Society shall be made in writing and shall be by the United States Postal Service, Certified Mail, Return Receipt Requested, to the following Society's address of record: Humane Society of Vero Beach and Indian River County, Inc. 6230 771h Street Vero Beach, FL 32967 Attention: Michael J. Mandel, Executive Director M P145 ARTICLE 13.0 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Society shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Society or keep and maintain public records required by the County to perform the service. If the Society transfers all public records to the County upon completion of the contract, the Society shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Society keeps and maintains public records upon completion of the contract, the Society shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE SOCIETY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@irceov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Society to comply with these requirements shall be a material breach of this Contract. ARTICLE 14.0- ACCEPTANCE Acceptance of this Contract shall be indicated by the signature of the duly authorized representative of the parties in the space provided. 7 P146 IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Contract. HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, INC. Signature of Authorized Officer Authorized Officer (Print Name) Witnessed by: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: APPROVED: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency BY: William K. DeBraal, Deputy County Attorney 8 INDIAN RIVER COUNTY Board of County Commissioners Joseph E. Flescher, BCC Chairman Approved by BCC P147 MODIFICATIONS TO CONTRACT ATTACHMENT A —SCOPE OF SERVICES The following shall be added after the 3rd (last) sentence of section A-1 (paraphrased from current contract): "HSVB and IRC hereby each make a commitment to implement when practicable programs and regulations with the goal of reducing the number of domestic animals overproduced in Indian River County." The following shall be added after the sentence comprising section A-2 (in accordance with the parties' past practice): "With respect to livestock, the parties acknowledge that HSVB has a 3,200 sf barn and approximately 7 acres of fenced pasture. HSVB shall accept from the public and Indian River County Animal Control and law enforcement all livestock that can be housed humanely on or within such premises. When livestock housing at HSVB is limited, HSVB shall assist owners with finding such livestock responsible homes whenever possible." The following shall be added after the Stn (last) sentence of section A-4 (consistent with current contract and past practice): "Any animals requiring emergency veterinary services for injuries or illnesses that are deemed treatable but cannot be treated at the shelter shall be taken to outside veterinary services for care. Injured animals recovered or confiscated by Animal Control must be taken directly to a veterinarian for examination and/or care prior to being transported to HSVB." The following shall replace the text of section A-7 (consistent with current contract and past practice): "HSVB shall provide for the humane disposal of unclaimed animals presented to the shelter without any identification or known owner as per Indian River County ordinance 302.07(e)(1), after 3 days for cats and 5 days for dogs and other animals unless otherwise requested by IRC. Per IRC ordinance, HSVB shall make all reasonable attempts to reunite animals known to be owned prior to adoption or euthanasia. Reasonable attempts shall include accessing current licensing records, sending a postcard to the owners last known address, using contact information on owner -provided tags worn by the animals and scanning all animals to detect implanted microchips." l-'1gv- l FOURTH AMENDMENT AND EXTENSION TO CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES INDIAN RIVER COUNTY, FLORIDA This Fourth Amendment and Extension to Contract for Providing Animal Shelter Services for Indian River County, Florida, entered into September , 2013, nunc pro tunc to October 1, 2012, ("Fourth Amendment") is by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County") and the Humane Society of Vero Beach and Indian River County, Florida, Inc. a Florida Non Profit Corporation, ("Society"). BACKGROUND RECITALS WHEREAS, Effective October 1, 1995, the County and the Society entered into a Contract for Providing Animal Shelter Services for Indian River County, Florida ("Contract"); and WHEREAS, the Parties have renewed and extended this Contract on three different occasions, most recently on February 2, 2010 and the Parties desire to extend the Contract for an additional period of three years; and WHEREAS, Paragraph 5.1 of the Contract contains the compensation and method of payment terms; and the Parties desire to amend Paragraph 5.1 of the Contract by this Amendment. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Society agree as follows: 1. The background recitals are true and correct and are incorporated into this Amendment. 2. From and after the date of this Fourth Amendment, Article 3 is amended in its entirety and shall read as follows: This Contract shall be effective from October 1, 2013 until September 30, 2016, nunc pro tunc February 2, 2010, unless otherwise terminated according to the provisions of the Contract. 3. From and after the date of this Fourth Amendment, Paragraph 5.1 is amended in its entirety and shall read as follows: COMPENSATION & METHOD OF PAYMENT: The County agrees to pay the Society per animal for each animal received as follows for and in consideration of the services as described in this Contract: October 1, 2013, through September 30, 2014 - $75.00 per animal; October 1, 2014, through September 30, 2015 - $77.50 per animal; and October 1, 2015, through September 30, 2016 - $80.00 per animal, excluding requested euthanasia, foster pets, and out of county animals. Said sum shall be paid in monthly increments, to be paid in accordance with the Local Government Prompt Payment Act after receipt of the monthly Animal Control Report. 4. The Society shall be entitled to reimbursement for animal stays that extended longer than ten days at a rate of $10 per animal per day for the following times: October 1, 2010, through September 30, 2011: 51 animals 213 days $2,130 October 1, 2011, through September 30, 2012: 144 animals 573 days $5,730 October 1, 2012, through September 30, 2013 118 animals 436 days $4,360 (numbers reported only through August) Upon approval of this Fourth Amendment, the Society shall submit documentation of the above cited longer animal stays to the County for reimbursement in accordance with the Local government Prompt Payment Act. Effective upon approval of this Fourth Amendment, the Society shall be paid $10 per day per animal held over 10 days, up to a maximum of $12,000.00 per year during the term of this Fourth Amendment 5. All terms and provisions of the Contract not amended by this Fourth Amendment shall be and remain in full force and effect. 2 IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed effective the day and year first set forth above. ATTEST: Jeffrey K. Smith, Clerk of the INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS Deputy Clerk Approved: Joseph A. Baird, County Administrator Approved as to form and legal sufficiency: William K. uebraal, ueputy county Attorney WITNESS: (CORPORATE SEAL) By: Joseph E. Flescher, Chairman BCC Approval Date: 09/ /2013 HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, FLORIDA, INC. Date: k] Chalmers I. Morse Executive Director/CEO 119A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: April 5, 2017 SUBJECT: Florida Power & Light Company's Request for Special Exception Use Approval for a Private Heavy Utility (Blue Cypress Solar Energy Center) [SP -SE -17-04-06 / 2017030093-78598] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 18, 2017. DESCRIPTION & CONDITIONS Culpepper & Terpening, Inc., on behalf of Florida Power & Light Company (FPL), has submitted an application for major site plan and special exception use approval to construct a new private heavy utility (Blue Cypress Solar Energy Center). The subject site is approximately 424 acres in size and is located on the west side of 98th Avenue, between 4th Street and 9th Street SW (Oslo Road). Please see attachment 3. The site is zoned A-2, Agricultural -2 (up to 1 unit per 10 acres), a zoning district in which special exception use approval is required for private heavy utilities (including solar energy centers). The entire site, with the exception of two small wetland areas, will be developed with solar arrays and stabilized access pathways (see attachment 7). In this case, the applicant has applied for concurrent major site plan and special exception use approval. Consistent with the County land development regulations (LDRs), staff has approved the major site plan application subject to Board of County Commissioners (BCC) approval of the special exception use. The BCC now needs to consider the special exception use request for the proposed private heavy utility (solar energy center), conduct a public hearing, and approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the LDRs, the BCC is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. Planning and Zoning Commission Action: At its meeting of March 23, 2017, the Planning and Zoning Commission (PZC) voted 5-0 to recommend that the BCC grant special exception use approval with a minor modification to the staff -recommended C \Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0006E03B\@BCL@0006E03B.docx P148 conditions (see attachment 2). That minor modification was to recommended condition #2 which addresses improvements along the project access route from SR 60 to the project site. The condition change recommended by the PZC has now been incorporated into staff s recommended condition #2 and will provide more latitude to the Public Works Department to determine the appropriate right-of- way improvements (if any) during the review and approval of the project's County right-of-way permit (see analysis section item #6 below for more details). ANALYSIS 1. 2. 3. 4. 5. Size of Development: 423.81 acres Note: There is an approximately three acre grove maintenance site located along the west side of the project site (see attachment 6). That site is not included in FPL's purchase agreement, will be retained by the current owner (West Vero Farms, LLC), and will be combined via a unity of title with an adjacent parcel owned by West Vero Farms, LLC. Prior to site plan release, the applicant must provide a recorded unity of title that combines the grove maintenance site with the adjacent parcel owned by West Vero Farms, LLC. This item has now been completed, but is included in this report for the record and for informational purposes. Zoning Classification: A-2, Agricultural -2 (up to 1 unit per 10 acres) Land Use Designation: AG -2, Agricultural -2 (up to 1 unit per 10 acres) Impervious Area: Proposed: 587,780 square feet or 13.49 acres Open Space: Required: 80% Proposed: 97% Note: The solar arrays are post -mounted above the existing grade (i.e. the existing ground level), which will remain unaltered underneath the arrays. The open ground underneath the arrays is considered open space. 6. Traffic Circulation: Primary access to the proposed project site will be provided via a gated, stabilized two-way driveway connection to 102nd Avenue, which is a semi -improved dirt road located within St. Johns Improvement District (SJID) right-of-way. The proposed site layout includes a modified grid network of 16' to 20' wide stabilized access pathways to allow maintenance vehicles access throughout the site (see attachment 7). In accordance with County LDRs, the applicant has submitted a project traffic study which has been reviewed and conditionally approved by Public Works. Based on the review of that study, Public Works recommended a condition that certain improvements be provided at all culvert crossings that crossed a County -owned or maintained right-of-way (ROW) along the proposed project access route. The proposed project construction access route is 98d' Avenue from SR 60 to the project site as shown in the attached exhibit (see attachment 4). Public Works staff typically reviews construction access location(s), routes, and needed improvements prior to construction commencing via the review of the County right-of-way permit application, and that permit application is typically submitted after site plan approval. C1Users\GRANIC-1 WppData\Local\Temp\BCL Technologies\easyMF 7\@BCL@0006E03B\@BCL@0006E03B.docx OA P149 During the March 23, 2017 PZC public hearing, a representative of an adjacent property owner discussed the culvert crossings item (see attachment 2). After discussion, the PZC understood that Public Works will determine the specific type of access route improvements that will be required (if any) during review and approval of the project's County right-of-way permit application. Based on that understanding, recommended condition #2 was modified to remove the specific improvement that was originally noted and to provide more latitude to the Public Works Department during the review and approval of the County right-of-way permit application. That condition #2 modification is incorporated into staff's recommendation that appears at the end of this report. An alternate project access route may be proposed, if necessary. If that is the case, then the applicant will need to obtain approval of any alternate project access route from Public Works, and the applicant will need to install all required improvements (if applicable), as determined by Public Works, prior to utilizing an alternate project access route for project construction traffic. Based on the project location and the status/ownership of the adjacent rights-of-way, right-of- way dedications are not required for the subject project. None of the adjacent rights-of-way are owned or maintained by the County. The project's driveway location, design, internal circulation plan, and traffic study have all been approved by Traffic Engineering. 7. Off -Street Parking: The subject site will be an unmanned, restricted access solar energy center, and will be accessed only by authorized maintenance crews on an infrequent basis. The LDRs do not require permanent off-street parking spaces for such uses. The proposed site layout provides adequate space for maintenance vehicles to maneuver and park within the site. Therefore, the project site plan provides sufficient parking area on-site. 8. Landscape Requirements: Based on the site's location, the project layout, the type ofproposed improvements, the status/ownership of the adjacent rights-of-way, and the land use designations of the adjacent properties, no landscape improvements are required or proposed. 9. Environmental Issues: There are two small, low -quality wetlands located on the project site. Those wetlands will not be impacted, and the proposed site layout provides the required wetland buffer/setback from the proposed solar arrays. Therefore, a County wetlands resource permit will not be required. No other environmental issues exist on the project site. 10. Stormwater Management: The applicant submitted a preliminary stormwater management plan that has been reviewed and approved by Public Works. That plan proposes to utilize the existing grove furrows/ditches to convey and treat the minimal amount of stormwater runoff that will be generated by the project. Prior to site plan release, the applicant must obtain a County Type "B" Stormwater Permit pursuant to Chapter 930 of the County LDRs. 11. Utilities: The project will be an unmanned facility, and will not include any bathroom facilities. Therefore no well or septic permits are required or proposed. The County Department of Utility Services and the Department of Health have acknowledged that the site will not include any utility provisions, and have approved the associated project site plan. C-\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0006E03B\@BCL@0006E03B.docx 3 P150 12. Extended Roadway Grid Network: Per Policy 3.8 of the Transportation Element of the County Comprehensive Plan, the County must consider protection of the extended roadway grid network during the site plan review and approval process. The applicant has provided an extended roadway grid network exhibit showing all potential extended roads that may cross the site at some time in the future (4th Street, lst Street SW, 5th Street SW, 9th Street SW/Oslo Road, and 98th Avenue). Please see attachment 5. The provided exhibit shows alternate corridor alignments for two potential extended road locations (1St Street SW and 5th Street SW). Those alternate alignments correspond with the proposed on-site stabilized access paths, and are clear of proposed solar panel arrays. Staff has reviewed the proposed alternate corridor alignments and has confirmed that those alignments provide adequate protection for the extended roadway grid network, as shown on the project site plan. 13. Specific Land Use Criteria: Pursuant to LDR section 971.44(2), the following criteria for private heavy utilities apply to this project: Per Chapter 901, the definition of utilities, public and private — heavy includes "all major electrical generation plants (generating fifty (50) megawatts or more), major sewage treatment and disposal facilities, and major water purification plants; " Note: The proposed use (Blue Cypress Solar Energy Center) will generate 74.5 megawatts of power and meets the definition of a private heavy utility. 2. Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09191 F. S.; Note: The proposed solar energy center will have a maximum gross capacity of 74.5 megawatts which is less than the 75 megawatt threshold. The proposed facility is therefore exempt from the Florida Electrical Power Plant Siting Act. 3. All below -ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein; Note: There are no proposed below -ground high voltage cables within a utility right-of-way. Therefore, the above referenced signage criteria do not apply to the subject project. It should be noted that "high voltage" warning signs will be provide in English and Spanish along the perimeter security fence of the on-site substation compound. 4. The disposal of all waste, gaseous, liquid or solid, shall comply with all federal, state and local laws; Note: It is anticipated that no hazardous or toxic waste will be generated by the proposed project. The applicant has acknowledged that if there is any disposal of waste, gaseous, liquid, or solid, such disposal will comply with all federal, state, and local laws. C-\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0006E03B\@BCL@0006E03B.docx 4 P151 S. Between all above -ground facilities, (except distribution and collection facilities) and adjacent properties having a residential land use designation, a Type 'A "buffer (reduce to "B" buffer where abutting a local roadway, reduce to "C" buffer where abutting a Thoroughfare Plan roadway) (with six-foot opaque screening) as specified in Chapter 926, Landscaping shall be provided; Note: All of the adjacent properties have an AG -2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use designation, and no adjacent property has a residential land use designation. Therefore, the above referenced landscape buffer requirements do not apply to the subject project. 6. In all zoning districts except the industrial districts, all equipment, machinery, and facilities which cannot, by their size or nature, be located within an enclosed building shall be separated from adjacentproperties having a residential land use designation by a Type "C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping; Note: As described in item 5 above, all of the adjacent properties have an AG - 2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use designation, not a residential land use designation. Therefore, the above referenced landscape buffer requirements do not apply to the subject project. 7. Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts. Note: As described in item 5 above, all of the adjacent properties have an AG -2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use designation, not a residential land use designation. Therefore, the above referenced driveway screening requirements do not apply to the subject project. 14. Surrounding Land Use and Zoning: North: SJID Canal, 4th Street, Citrus Groves / A-2 East: SJID Canal, 98th Avenue (corridor), Citrus Groves / A-2 South: SJID Canal, Oslo Road, Citrus Groves / A-2 West: 102nd Avenue SW, SJID Canal, Citrus Groves / A-2 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Based on the analysis above, staff recommends that the BCC grant special exception use approval for a private heavy utility facility (solar energy center) to be known as FPL Blue Cypress Solar Energy Center with the following conditions: C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyMF 7\@BCL@0006E03B\@BCL@0006E03B.docx P152 1. Prior to site plan release, the applicant shall provide a recorded unity of title that combines the grove maintenance site with the adjacent parcel owned by West Vero Farms, LLC. (Completed) 2. Prior to utilizing the approved project access route for construction traffic, the applicant shall install the required improvements (if any) determined by the Public Works Department. 3. Prior to utilizing an alternative project construction access route, the applicant shall: a. Obtain approval of any alternate project construction access route from the Public Works Department. b. Install the required improvements along the alternate route (if any). ATTACHMENTS 1. Application 2. Excerpt from Draft March 23, 2017 PZC Minutes 3. Location Map 4. County Culvert Crossings Exhibit 5. Extended Roadway Grid Network Exhibit 6. Aerial 7. Site Plan C.\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0006E03B\@BCL@0006E03B.docx 6 P153 SPECIAL EXCEPTION SITE PLAN (SPSE) AP IC" FPL Blue Cypress Solar Energy Center �. �f Fr -1 pMC PROJECT NAME (Please Print): PROPOSED PROJECT USE: Construct a 74.5 MW AC solar ener tk.� CORRESPONDING PRE -APPLICATION CONFERENCE PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER (IF ANY): I PROJECT#: W09'6001-- Y � �f SP -SE- f 4 OWNER: (PLEASE PRINT) AGENT (PLEASE PRINT) West Vero Farms, LLC Knight, McGuire & Associates, Inc. NAME c/o Florida Power & Light Co. NAME 700 Universe Boulevard 80 Royal Palm Pointe, Suite 401 ADDRESS ADDRESS Juno Beach, FL 33408 Vero Beach, FL 32960 CITY, STATE, ZIP CITY, STATE, ZIP 561-304-6161 772-569-5505 PHONE NUMBER PHONE NUMBER Krista.Hendricks@nexteraenergy.com DavidK@knightmcguire.com EMAIL ADDRESS EMAIL ADDRESS Krista Hendricks / Mike Sole David S. Knight, P.E. CONTACT PERSON CONTACT PERSON / �Z/ 4 �' SIGNATURE OF OWNER OR AGENT PROJECT ENGINEER: (PLEASE PRINT) PROJECT SURVEYOR (PLEASE PRINT) Culpepper & Terpening, Inc. Culpepper & Terpening, Inc. NAME NAME 2980 South 25th Street 2980 South 25th Street ADDRESS ADDRESS Ft. Pierce, FL 34981 Ft. Pierce, FL 34981 CITY, STATE, ZIP CITY, STATE, ZIP 772-464-9497 772-464-9497 PHONE NUMBER(s) PHONE NUMBER(s) BTerpening@ct-eng.com BTerpening@ct-eng.com EMAIL ADDRESS EMAIL ADDRESS Butch Terpening Butch Terpening CONTACTPERSON CONTACT PERSON 18012711 Street, Vero Beach FL 32960 Attachment I FACommunity Dcve1opment\APPLICA710NS\CurDev applica ionftpse app only.rtf Revised April 2016 Page I of 3 P154 • DOES THE REQUEST INCLUDE A CONCEPTUAL PLAN ONLY OR A CONCEPTUAL AND "FINAL" SITE PLAN?: Conceptual and Final s AMOUNT OF NEW IMPERVIOUS SURFACE: S .FT. 5 8 7, 7 8 0 s f • SITE ADDRESS: _ 150 102ND AV, VERO BEACH, FL 32968 • SITE TAX PARCELMW(s): 33381600000500000001.0 • IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED IN THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE -APP CONFERENCE? YES x NO * FLOOD ZONE: A ZONING: -A-2 (Agricultural) FLUE: AG -2 (Agricultural) *TOTAL (GROSS) ACREAGE OF PARCEL: 423.81 AREA OF DEVELOPMENT (NET) ACREAGE: 415.50 a PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE): A. NUMBER OF UNITS: FROM N/A TO B. DENSITY: FROM N/A UNITS PER ACRE TO UNITS PER ACRE * CHANGE IN USES BY SQUARE FEET GROSS BUILDING AREA USE: FROM N/A SOYT.OF (USE) TO N/A SO. FT. OF (USE) COMMENTS: "PLEASE COMPLETE APPLICATION CHECKLIST ON NEXT PAGE** 1801 2781 Street, Vero Beach FL 32960 FXommunity DevelopmentWPLICATIONMwDev applicationstspse app ooly.rtf Revised April 2016 Page 2 of 3 Attachment 1 P155 SPECIAL EXCEPTION SITE PLAN APPLICATION SUBMISSION CHECKLIST MATERIAL (note N/A where applicable) YES NO I . EVIDENCE OF PRE -APP CONFERENCE IF PROJECT OVER X 20 UNITS OR 40,000 SQ. FT. NEW IMPERVIOUS SURFACE 2. Fee: Administrative Approval $200.00 Minor $650.00 Major < or = 5 acres: $100.0.00 > 5 but < 10 acres: $1200.00 = or > 10 acres: $1400.00 X Special Exception Use fees required in addition to above site plan fees: $975.00 less than 40 acres $1075.00 40 -100 acres $1275.00 over 100 acres +$ 50.00 for each additional 25 acres over 100 acres 3. Completed Application Form, and if pre -app conference already held, then a pre -application conference discrepancy letter response or summary of % plan revisions 00 FU A,# WQS e�� ✓ 4. Ten (10) Copies of the Site Plan X 5. Two (2) Sealed Site Surveys X 6. Two (2) aerials of site with project overlaid, showing surrounding 200 feet X 7. One (1) Copies of the Owner's Deed X 8. Letter of Authorization (if applicant is not owner) X 9. One (1) Copy of the Drainage Report X 10, Completed Tree Removal Permit Application OR Signed Exemption Form X 11. Completed Land Clearing Permit Application OR Signed Exemption Form X 12. Three (3) sets signed, conceptual floor plans and elevations prepared by architect or engineer (when project is required by Florida law to have such architectural or engineering drawings) N/A 13. Environmental Survey if all or portion of project in environmentally sensitive are N/A 14. Concurrency Application or Acknowledgement Form X 15. Written statement and photograph of posted sign N/A (Needed if Planning & Zoning approval required) 1801276' Street, Vero Beach FL 32960 Attachment 1 F:1Community DevelopmentlAPPLICATION$\CurDev applicationslspse app only.rtf Revised April 2016 Page 3 of 3 P156 grant administrative permit use approval for the FPL Heritage Switchyard with the conditions stated in the staff report. Applicant Mr. Bruce Barkett, representing FPL, clarified details of the proposed project and requested that should the County's landscaping ordinance be amended as planned, that they would like the opportunity to update their landscaping plan. Mr. John McCoy, Chief of Current Development, agreed that if the land development regulations (LDR) changed in the applicant's favor, they would have the opportunity to modify their landscaping plan prior to obtaining their Certificate of Occupancy (CO). ON MOTION BY Mr. Landers, SECONDED BY Dr. Day, the members voted unanimously (5-0) to accept staff recommendations with the revisions regarding LDR's on this Quasi -Judicial matter. Public Hearing Chairman Polackwich read the following into the record: (131 &y— oar nergy en er: Request for special exception use approval for a private heavy utility facility (solar energy center). Florida Power & Light Company, Owner. Culpepper & Terpening, Inc., Agent. Located on the west side of 98th Avenue between 4th Street and 9th Street SW (Oslo Road). Zoning: A-2 (Agricultural 2 up to 1 unit per 10 acres). Land Use Designation: AG -2 (Agricultural 2 up to 1 unit per 10 acres). (SP -SE -17-04-06 / 2017030093-78598) [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. He made the same disclosures as with the previous case and stated that he felt that he could be fair and impartial in this case. The other members indicated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for special exception use approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission PZC/Unapproved 3 March 23, 2017 F.\BCC\All Committees\P&Z\2017 AGENDAS & MINUTES\PZC 032317.doc Attachment 2 P157 recommend that, the Board of County Commissioners (BCC) grant special exception approval for the proposed solar energy center with the conditions stated in the staff report. Applicant Ms. Krista Hendricks, representing FPL, clarified details of the proposed project and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Mr. Mike Ziegler, representing Mr. WC Graves IV, adjacent landowner to the proposed facility, voiced his concerns regarding the integrity of the culverts involved in the proposed project. He asked that the Board have a professional engineer assess the integrity of the existing culverts and provide a professional engineering report of findings with recommendations that ensure continued drainage and irrigation as well as safe travel, averting an accident involving personal injury or property damage directly caused by culvert or roadway inadequacies. Lengthy discussion followed regarding Mr. Ziegler's concerns. A revision to the culvert condition was suggested by the Chairman. That revision was accepted by the applicant's agent, Mr. Bruce Barkett. Mr. John McCoy agreed with the proposed revision, which makes the condition more open ended to account for field conditions. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to accept staff recommendations with revisions regarding culvert improvements on this Quasi - Judicial matter. Commissioner's Matters There were none. Planning Matters There were none. Attorney's Matters There were none. Adiournment There being no further business, the meeting adjourned at 7:56 p.m. PZC/Unapproved 4 March 23, 2017 F:\BCCWII Comm ittees\P&Z\2017—AGENDAS & MINUTES\PZC 032317.doc Attachment 2 P158 Attachment 3 --L EXISTING CULVERT C PROPOSED FPL BLUE CYPRESS SOLAR ENERGY CENTER I CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE", 19-OIUDA 34981 151 SW FLAGLER AVENUE_ • STUART, FLORIDA 34994 PHONE 772-464-3537 • FAX 772-464-9497 • uww.ct-cng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 --4TH STREET }, PROPOSED FPL HERITAGE SWITCHYARD (FKA—VERO WEST)., STRE��`^— �--J �`_'� _ SHEET 1 OF 1 - - --------T - 200 400 FEET r ,,a I tI EXISTING CULVERT CROSSING n N M 1 O O a EXISTING CULVERT CROSSING W'I (I x w � I J U Q i EXISTING CULVERT CROSSING Q Lf2� f 1] 1 F h I 10 --L EXISTING CULVERT C PROPOSED FPL BLUE CYPRESS SOLAR ENERGY CENTER I CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE", 19-OIUDA 34981 151 SW FLAGLER AVENUE_ • STUART, FLORIDA 34994 PHONE 772-464-3537 • FAX 772-464-9497 • uww.ct-cng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 --4TH STREET 98TH AVENUE CULVERT CROSSINGS INDIAN RIVER COUNTY JOB N0: 16-185 SCALE 1'400' DRAWN BY- RNIUBO DATE: 3/15/2017 P160 }, PROPOSED FPL HERITAGE SWITCHYARD (FKA—VERO WEST)., _ SHEET 1 OF 1 98TH AVENUE CULVERT CROSSINGS INDIAN RIVER COUNTY JOB N0: 16-185 SCALE 1'400' DRAWN BY- RNIUBO DATE: 3/15/2017 P160 f 4TH ST. ENL y- =FinS "MEOW ST,. SIP " + a•. _ ;. 1 N A.IGNMENI' li 1 - J 150' I.R:F.W D. . RIGHT—, OF= AY ROADWA N a N -AUGNMEN 5TH ST'. ""' "U"r .Ire .. *" -�rl�'..,rl .�, � � t ' �S • 1 EXTEND ; . RO GRI — -- -,,-NETWORK ittiGN�it1T-' =-j P, 1 - - - ---_ _ =�- th 9TH ST. SIP v LO SHEE70F' �I 1 0 �li CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STRL'FT • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVFNUE • STUART, FLORIDA 34994 PHONF.772-461.3537• FAX 7724/4-9497. uv'u' tc ngxo ni STATI. OF MORIDA CER71FH;1TION No. 1 H 42M EXTENDED ROADWAY GRID NETWORK EXHIBIT INDIAN RIVER COUNTY JOB N0:16-198 SCALE: 1'.1000' DRAWN BY: RNIU80 I DATE: 2/13/2017 P161 .—�w�_= — -- __ _. _ _ i�,-_ � fONe,G�-t (�1e1EULNtLL) I 41m ORk-f (A4ICEULNLL) � i I •_ `+ �, m ` .o•reeR :xaro eeiwisw x, n no+AkY 40� a' _ _ �� �.��_ L L, �•nb_annsY foi ra t ` 1 9 1 _ � N =. �� iomecr a+d-twwiu�.tGniY1 ='� f wm v9�ic-i�1E�cw�cttn utvt LLro VtR .1C -t (iGRR9LNRLL1 r' 1 1011010: �-t 1/�RNtW VICUqITY WAP CULP[r►[R S T[Rr[MIMO, IMC PrYL BLUE UYPMSS SOLAR ENERGY CENTER , SITE AERIAL Attachment 6 wi �, xAxMD:•_f(•DeDUL,VML) G� I I.UID USC •D-4 (ACWMTVRLL) IMTs tK RRovo3m r seD•Sr•Dot•xsoxm• ' •�.ftl 9TE LxT1Uxf2 '...-, _' NiM-Vi011ND 1 1_ EeSTIxD dei 0•-+ww-...�- u MRT V•M xDi)b3Z :3321G I x69v6'SSYI IIDI.Do'- NDiJ03T SSI.OV— Se4b•SSE 7S R LND USC •D -II (•celcuUux.LL) I ••�-^�>� 4TH STR9 ------- I M a , � xFTwi•q sw.ronum O. 16 () I= JI I rl50 y1=9 I �L SD fY ^I ST. .gNM3 IVDRmcwExr osTRx:r wawrrox urzn•E I• •�/) Ix wort-aE-w.r V j I '-•-- .-_I I 20wefD: 1 -II (•cetcuVwul WW USID •FII (•DWMIV0.UJ I ' ;�D�E EMiMD DCII R• ' I 1 � IExt[r1 acuxxD L , 9TH STREET SR (OSLO ROAD) xoxND: •-4 (•41RVLNiVt) : WiD USC 10-f (•cmMnm•I.I OVLP[►r[R a TIRPENING, INC ¢ _ - L'l:TY1 <exfelnw. ful.ffn I u SOLAA ENERGY fiNERGY CfiNTENT fiR SITE PLAN • le -les O01D 1 of 1 Attachment 7 FPL Blue Cypress Solar Energy Center Special Exception Use Board of County Commissioners April 18, 2017 Special Exception Process ➢ Special Exception Use — Appropriateness and compatibility of the requested use — Project is classified as a private heavy utility — Specific Land Use criteria [971.44(2)] — Two public hearings (1 PZC & 1 BCC) ➢ The BCC is to: — Approve request — Approve request with conditions — Deny request P 163 - ►� �,-� _2 f" ��,3-3 Overall Site Plan 4° Street `In F c d 1 � i� 9`1 Street SW (Oslo Road) 6 f" ��,3-3 Site Plan Detail 7 Vehicular Access Plan - F A_Ca HT -KAY ITH STREET t- iS 1LT1 NL.HT f -WAY �� #... 8931 E 254 7b Nil S ITE ENTRANC .{' % PRpPOSE"v SI AND GN (TIPICAL `I HERITAi,£ ( _ 4OUh (t'w;l � ��a yKiTCHY AnG EC LITY FENCE 7410 Erl Tin. GikT PATW PA"I (TYP %89'4r2O7,. Gated, stabilized NI)I t05'E sera SStabilizedd aCCOSS driveway connection to ti >na'b "WE "',/X 102"d Avenue �t..pathway (typical) �. IM R tEuEHT I:M T IT (dor o.rE© �j 1R41CA71?1 "TE"L IA " INVERTEa-1 'gin, ) � I kIW1T-rF-wAr Hr 'G IRFWLn 'l �= WAv 1� 1 4TH SEF,T TR 689 M11G E 7-0,20 V 1'a.i.J RI„HT F -WAY SITE ENTRANCE / j ANO 5GN (TYPICAL) _ PR0PO E T RNI AROUA0 (TYn) i / MERITAi;E h."E'- Ei kITY ITY IE' I E T`� �t .:I SKiT"CHYARS EIIITIn . WT PATH-'� f ^h-MISTI4C LtliT f ATH x� ;�J it NO TSG., E 1J.^. %I N I(h West Vero Farms grove maintenance site 1 (unity of title) 20' 00 7 T I.HN.. + �I VzgTEJ FTj IWY�T2 { t,�, IN Rt vE4EM7 ISAL t IR 164TIati L?TE'taL �a i iIILHT-GF WAY aKiC TYV � P.) I - 7 Vehicular Access Plan - F A_Ca HT -KAY ITH STREET t- iS 1LT1 NL.HT f -WAY �� #... 8931 E 254 7b Nil S ITE ENTRANC .{' % PRpPOSE"v SI AND GN (TIPICAL `I HERITAi,£ ( _ 4OUh (t'w;l � ��a yKiTCHY AnG EC LITY FENCE 7410 Erl Tin. GikT PATW PA"I (TYP %89'4r2O7,. Gated, stabilized NI)I t05'E sera SStabilizedd aCCOSS driveway connection to ti >na'b "WE "',/X 102"d Avenue �t..pathway (typical) �. IM R tEuEHT I:M T IT (dor o.rE© �j 1R41CA71?1 "TE"L IA " INVERTEa-1 'gin, ) � I kIW1T-rF-wAr Environmental Issues ax +6 w1JE Fr VE ii �FF't,'E.V t 1D wE ISIS iVY Low G Z (AOP CV RU.) ¢ AND iSE: dC-2 (ACRICVLTLRALI II' quality on-site„ N wetlands o �GT N IN c Alt£ El F t It` 1-_ Ek } :: '.. +TX OSCR r:,.a• y tC�C4 .AA.'Tlli4 tM) 10 PZC Action ➢ On March 23, 2017, the PZC voted 5-0 to recommend that the BCC grant special exception use approval with one modification to the staff recommended conditions. Staff's recommended condition has been modified. ➢ The applicant has agreed to all recommended conditions. Staff Recommendation Staff recommends that the BCC grant special exception approval for the proposed Blue Cypress Solar Energy Center with conditions stated in the staff report, related to: • Unity of title (Completed) • Project construction access route improvements per Public Works • Alternative project construction access route, if proposed by applicant and approved by Public Works 12 0 0-6 Extended Grid ROWs o iw z— o z E a o -no -4 � cn = = � a' CD r_CL S 0 -'tet N N CD 0 CL� = 00 �CL� 0 a CD CAstQ C rn j--� n a N O M -' A arP" �Tx o iw z— o z E a o -no -4 � cn = = � a' CD r_CL S 0 -'tet N N CD 0 CL� = 00 �CL� 0 a CD CAstQ C rn j--� n a N O M �.Pi> t(i t % lJJ Treasure Coast Newspapers I Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Linda Klein, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER CO PLANNING DEPT 1508586 Meeting: 3/21/17: Solar Farm Meeting: 3/21/17 Pub Dates March 6, 2017 Sworn to and a scribed before me t,F}is-day of, March 03, 2017, by who is Lind I em (X) personally known to me or ( ) who h Sherri Cipriani Notary Public as identification. o(0,3'/1 L398 rC:C)Miv11a51CJN D2O PIRES AugtatFlandaMolurySor o(0,3'/1 V/ Qr OzWOQi UOi �a N d w-�-zc� za�na w¢¢z r wwovi r� _p o¢OiaprOr¢U�wvi� �-1 E aU>~c�a¢JOw¢Owcn zZ'9O9� v W(�ON UQi¢ ¢WON ml x»a moo¢ a¢ -a'"' US -U �QU mOQv nv O • 8� ��c » � E � E z 335s_8Ex •u• �mFasa9a�ii�sLL�FSi3sa$ams€�ms'�uxm>�ae �mrvi:a rvrvrvrv�i«s sinnne e a s n<.s v” a O „ m rn n E J24yEEs €'E�� E"9 ¢diauga .. mYinE uv.ldtei t2ia`mi�u g Es B Es' ads Es HM_ e 0 =_ m� , L " t a ee g`a•5, �3„e as3h s_� ssn saE 5aa it S�: Y"fla yHE �` g€ €a _ II am s 3 f :;Eaa ;„o o2.aE rsa a �e y� ate 0 ea 8 me 6N Q-S=a "_^ 7� 3s$ 5L£a g5,5E Y y „_ as Ss saQ "s3ESa Qfy3 Ess , _ d_ s” `i5i $FEES ,t 3 Yxc I. s�' U sE � 3 •. ..n£ «c xm .i ka > 3 Eta 8.sRt .,3 £E Yo' Y$RE 1 �% ex �sx� gE• � s a 5 %mx°�� � � ��&� asa av;�E'�a •a`: % S £nga-=a £A =` Xna £ E $_?. %E� £e11-5 2"1 :F_ E -sg off"'s° gta�..dg<• _ g� - %L bias - - ,r :£�==m. „-°3Eye EeG��.: - - - -UF -5ey"e _ t fis„ s= `3, - = aim 5�easaiE:"9as;ds=-e:9 Eo - .c l H ms E :dm Fs.E5 iF" 'a' Yae _ Tt $Y$ �frag" 3e %' a+°"= 23 ze a: ' O w. 3a me - a ✓e •aYSa - � P B`Na`ox V aor o_a _Ey i�=aN '�u - -- i:; ^R',%.mC,+� �.a=�sa vis '%e _f?, -E= x € ;ae_ °rx - s== ° ax" +, yEss`%x„G - _ - e% ;Fs=zem�a=`e-N,+e'se�_ e_gsa gs„_�..-..„.s,• __°�. c."W's, z_ ;s _ �$ Kn. _ >g= � ;_ �� es E: T=- •e£gyE €P Via„ z :S _%i `:_�R - p ( _ _ g Wg ega.,$ _ _ _'asaa _ xa_d<a-•d s ! - csg. 04 .%.-_t=- - .$'�Q - m -R - - - ' •gP. °xa it�'',.o; - - - �L:'"=<ggPa' _% .o o[S Ee;L•"=e ea= �C.',9: - .,e -YP E''• dE•-Y°e �'+e.;sS:a,Y-°FaS3a$ p mR' ofi.99% o `m u a° 'E<u--PS ¢' ' mu • r iu.0 my 9i•_:_xm”oco<eL£gPFB'a.':eEoaamyuoE<u-PE£<an"..�=E=g ammo .. 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E ( e 5 ;�Y "_ (E' a � ac ® Y - s �z;Esm •s ma ?---f 0s � gg n zzagXn gE�aa •�a:-Ea3 m7� W'g 1 I', a5ra.,Y 5_ �s= tt„.E S s K - 3� to 5t3 - �.. a °� I I g, -g .3P _ a�g c 3E t tlgg s� aya$: Y 3a ?QY j a u e i ;` 5. t, 3•mR I !a, a _A gE .°e3 =`�'m ■ -E ”" a (r, C'� _ it a"as`z; �- eo e• �'H 2- i s gin Y "sem i g 3 5^air ;go aS - I mm,e ,- , � �' �. � ' 3$��g 5�F° ��"' B��g;,-a� �9� F a� � p kjli $ •„P f�. �� g�; =I,�� � $� gg._a.s. t�• i. ��' %_ I wJe:J aeloS :L 6/6Zl£ :BURROW :uolldljosaa V/N :edA.L aoloo IIVI- 3 :(S)9uoZ-96ed-uoi10aS uI SES X 103 £ :azlg V/N : (oueBv V/N :jagwnN uoluasu( ;dad Buluueld Ajunoo aanla uelpul :JaS(}Janpy 9898096 :jagwnN py L O `90 43JBW `RepuoW .V NNN]NI INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 1061 REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Rob Volsky, The Church of Jesus Christ of Latter -Day Saints ADDRESS: 1475 55t' CT, SW PHONE: 772-532-8292 SUBJECT MATTER FOR DISCUSSION: Ninth Annual Indian River County Day of Service / JustServe.org IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Yes YES F-1 NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx_1 NO WHAT RESOLUTION ARE YOU Resolution: to adopt JustServe.org as a public platform for REQUESTING OF THE COMMISSION? volunteerism in Indian River Countv ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? none Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: April 18.2017 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc P164 rm p164-1 "If you can't feed a hundred people, feed just one." - Mother Teresa @ JustServe.org in a project the experience 13 13 11:331 Provided as a service by The Church of Jesus Christ of Latter-day Saints. 2011 by Intellectual Reserve, Inc All rights reserved. Printed n the USA. 2113. PDS0049700 P M -L C'a C • OQ v •c OhQ C � _y C4 m c.. c_' cn W m d • OQ •c _y c.. c_' cn W D • • ° CD cn h N CD o o toA. a ny+ Ls CD O. 3 O c O ° C2 • rn m o cQ o co z ° CD no CD r. ccs o =' C2 a:, Cc: a a m -. ° 0 CD x ° - m Cn 'C 3 0 Q C OC -D CD � iV Q tQ c -, H —� o ° n ° 3 X w Q a -� p Q 3 (U �x Y � � 2 VQ 0 2 2 2 2 � CL s' VQ e 0 \ S � 106q 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: 7580 129" Street, Sebastian, Fl PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: All Aboard Florida - Brightline IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? aYES NO YES NO YES NO Provide Information to Commissioners 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 Fax Mail Hand Delivered X Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: April 18, 2017 F \County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 P165 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: Award of Bid No. 2017034 DEPARTMENTAL CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) DATE: April 101h, 2017 DESCRIPTION AND CONDITIONS On March 22"d, 2016 the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $2,404,264.00 for the resurfacing of CR512 which includes the dual westbound lanes from Roseland Road to US -1 of CR512 and the eastbound lanes from Easy Street to US -1. The grant also includes reimbursement for construction engineering inspection (CEI) services. The bids for this project specified use of the Full Depth Reclamation (FDR) process. This process shortens the duration of the construction process but requires special expertise and equipment. A bid opening for the CR -512 Resurfacing was held on February, 17th 2017. Three (3) 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 follow: Ranger Construction Industries, Inc. Fort Pierce, Florida $3,402,846.50 Timothy Rose Contracting, Inc. Vero Beach, Florida $3,491,545.38 Community Asphalt, Corp. Vero Beach, Florida $4,008,129.70 The bid specified that the bidder was to "have successfully constructed, as Prime Contractor, at least three projects similar in scope to this project". After the bids were opened, staff met to review the bids, especially the responses concerning whether the bidders had successfully completed, as Prime Contractor, three similar projects using the FDR process. Following the review, on February 27th, 2017 the Indian River County Purchasing Department issued a request for clarification to the three bidders which asked for reference projects specific to their firm's history of using the Full Depth Reclamation (FDR) process and accurate references for the projects listed. The Indian River County Public Works Department and Attorney's office reviewed the supplementary project references and made the following determinations: • Ranger Construction listed 6 reference projects: 1 FDR project was noted by FDOT as having significant failures of the roadway and was not deemed "successfully completed", 1 project was listed incorrectly along with incorrect contact information,1 project was listed which was not FDR, 1 project was not able to be determined, and 2 projects were listed with correct contact information and positive quality references. County Purchasing staff was specific in its request for clarification, including whether the bidder subcontracted the FDR process or did the FDR as the Prime Contractor without a subcontractor. Ranger's response to the request for clarification was incomplete, erroneous and vague. Despite the poor information provided in the response, staff P166 Page 2 of 3 Award of Bid 2017034 BCC Agenda Item for April 18th, 2017 diligently attempted to verify the request for clarification. After review of Ranger's request for clarification, staff determined that Ranger Construction has not successfully completed three similar projects in scope to the project at hand. Timothy Rose Contracting, Inc. listed 7 reference projects: 6 projects were listed with correct contact information and positive quality references, and 1 project where the reference was notable to be contacted. All 6 projects listed by Rose were FDR projects and all 6 projects were completed successfully and were similar to size and scope to the project at hand. Community Asphalt, Corporation listed 10 reference projects: 10 projects were listed with correct contact information and positive quality references. Ranger Construction Industries of Ft. Pierce, FL provided the lowest bid, of $3,402,846.50, for the project; however, Ranger Construction failed to meet the requirements of the supplementary questionnaire to the bid and Article 3.01(B) 'Qualifications of Bidders' which required the Bidder to "have successfully constructed, as Prime Contractor, at least three projects similar in scope to this project" and has been declared a non-responsive and non -responsible bidder. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $3,491,545.38. Timothy Rose Contracting, Inc. has completed various construction projects within the County, including FDR - style projects, and has consistently performed work in a satisfactory manner. On April 3, 2017 Ranger Construction Industries, Inc., (Ranger) submitted a protest to the award of the contract for this project. On April 5, 2017 Ranger submitted a supplement to the prdtest letter dated April 3, 2017. After a comprehensive -review of the information provided in the protest letter and supplement letter, Staff determined that the information provided did not change the facts of Staff's original determination that Ranger did not meet the minimum qualifications established in the bid documents for award of the project, and therefore Staff denied the protest in a letter to Ranger date April 10, 2017. FUNDING Per the SCOP grant agreement, the County must fund the project and then request the reimbursement of the grant share from FDOT to a maximum amount of $2,404,264.00. Funding from the County's cost share in the amount of $1,087,281.38 is budgeted in the Account No. 10921441-053360-15016 Secondary Roads/Resurfacing/CR 512. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Timothy Rose Contracting, Inc. for $3,491,545.38. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement IRC Protest Decision Letter to Ranger CAUsers\GRANIC-1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@88051 DCC\@BCL@88051 DCC.doc P167 Page 3 of 3 Award of Bid 2017034 BCC Agenda Item for April 18th 2017 DISTRIBUTION Ranger Construction Industries, Inc. Timothy Rose Contracting, Inc. .Community Asphalt, Corp. FDOT APPROVED AGENDA ITEM FOR April 18th 2017 C:\Users\GRANIC— 1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@88051 DCC\@BCL@88051 DCC.doc P168 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT.......................................................... t . ' .............................................2 .. ARTICLE3 — 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 - MISCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 00520 - Agreement (Public Works) REV 06-14 00520-1 F:1Public WorksTNGINEERING DMSION PROJECTSM 139 -CR 512 Wbnd Resurfacing -Roseland Rd to US 1SCOP11-AdminlBid DoaimentsWaster Contract Documents\00520 . Agreement (Public Works) REV 06-14.doc P169 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 as�follows: f.: The proposed improvements to: 02512: consist of refurbfsliiing` (full depth reclamation) of the dual westbound Ianei,'Wom Roselanl i'.Road to US1 and eastbound lanes from Easy Street to US1. Also included with the project .is.'the installation of ,»:•. vehicular detector assemblies and. the signing and marking of1he;-proposed resurfaced lanes. This is a F.D.O.T. Small Codnty�Outreach.Program (SCOP) )iu ided project, FM No. 4331160-1-58-01. ARTICLE 2 - THE PROJECT, 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 County •Proje Bid Number: FM No.: 431 Project Addr ARTICLE 3 — ENGINEER CR512, Sebastian, Florida 32958 3.01 The Indian River'County Public Works Department is hereinafter called the ENGINEER and will 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 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. 00520 - Agreement (Public Works) REV 06-14 00520 - 2 F:1Public WorksIENGINEERING DIVISION PROJECTS11139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOM-AdminlBid Documentswaster Contract Documents100520 - Agreement (Public Works) REV 06-14.doc P170 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150th calendar 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 180th calendar day after the date when the Contract Times commence to run. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwttw,twwwwwwwwwwwwwwwwwwwwwwwwwww,trtwwww*wwwww,ttwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence bfihis Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allovued in accordance with Article 12 of the General Conditions. Liquidated damages will commence for,•this portion of work. The parties also recognize the delays;,experise end difficulties invglved in proving in a legal proceeding the actual loss suffered NER . if•: the Work is not completed on time. Accordingly, instead of requiring,,any su6h;proof,`'6WNER, and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty);=:CONTRACTOR shall pay OWNER $2,876.00 for each:`<calendar,day�jhat expires after the time specified in paragraph 4.02 for Substantial Completion untilthe Work is substantially complete. After Substantial Completion, if CONTRACTOR shall``neglect, refuse, or fail to complete the remaining Work within the Contract Time . or any •.proper extension thereof granted by OWNER, CONTRACTOR,shall pay OWNER; 2 876.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion 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;paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For=all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical 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. 00520 - Agreement (Public Works) REV 06-14 00520-3 PXPubllc Works\ENGINEERING DIVISION PROJECTS11139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1SCOP11-Adminl8id DocumenlsWaster Contract Documents100520 -Agreement (Public Works) REV 06-14.doe P171 6.02 Progress Payments. 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, together withall `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.tiy`OWNER,and the application •fo•' rpayment 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),',CONTRACTOR may. submit a pay request to the County as OWNER for up to,one half:,(1/2)W the retainage held by the County as OWNER, and the County as OWNER shall•promptly make payment to the CONTRACTOR unless 'such amounts .are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contrac#or shall timely remit payment of such retainage to those subcontractors, and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2Q05), 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. 6.04 Paragraphs 6.02 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 00520 - Agreement (Public Works) REV 06-14 00520 - 4 F:1Publlc Works%ENGINEERING DIVISION PROJECTS11139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP11-Adminl8id Documents Master Contract Documents100520 -Agreement (Public Works) REV 06-14.doc P172 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 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 become40miliar with, and -is satisfied as to the general, local, and Site condtions�that may'affect`post, progress; and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to•.all federal, state, and local Laws and Regulations that may,affectcost, progress, and performance of the Work. D. CONTRACTOR has carefully • studied, _ all: (1) reports of explorations and tests of subsurface• conditions at or contiguous to the Site and all drawings of physical conditions in or relating.`fo existing surface or subsurface structures at or contiguous to the Site (except Underground; Facilities) which have been identified in the Supplementary Conditions as provided in paragraph; 4.02 of the General Conditions and (2) reports and drawings of a Hazardous ;Environmental Condition, if any, at the Site which have been ;identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data,conceming conditions (surface, subsurface, and Underground Facilities) at or contiguous 10 the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, 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. 00520 - Agreement (Public Works) REV 06-14 00520-5 17:11oublic Works1ENGINEERING DIVISION PROJECTS11139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP11-Adndn%Bid DocumentsWaster Contract Documents100520 -Agreement (Public Works) REV 06-14.doc P173 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. 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 to 00520-9, inclusive); „ 2. Notice to Proceed (page 0055U= I ti; 3. Public Construction Bond (pages ,00610-1 to 0061.0-3, inclusive); 4. Sample Certificate.of, Liability Insurance (page -00620-1 ; 5. Contra0pr's Application for Payment (pages 00622-1 to 00622-6, inclusive); 6. CertificateJof Substantial Completion (pages 00630-1 to 00630-2. inclusive); 7. Professional'Surveydt.and _ per's Certification as to Elevations and Locations of the Work (page 00634-1 j; 8. General Conditions (pages 00700-1 to 00700-44, inclusive); 9. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 10. Specifications'as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions; 11. Drawings consisting of a cover sheet and sheets numbered 1 through 59, inclusive, with each sheet bearing the following general title: CR512 Resurfacing; 12. Addenda (numbers to , inclusive); 13. Appendices to this Agreement (enumerated as follows): Appendix A — Geotechnical Reports Appendix B — Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction; 00520 - Agreement (Public Works) REV 06-14 00520-6 F:1Public Works\ENGINEERING DIVISION PROJECTSN 139 -CR 512 Wbnd Resurfacing -Roseland Rd to US 1SCOP11-AdminlBid DocumentslMaster Contract Documents100520 -Agreement (Public Works) REV 06-14.doc P174 14. CONTRACTOR'S BID (pages 00310-1 to 00310-7 inclusive); 15. Bid Bond (page 00430-1), Qualifications Questionnaire (page 00456-1 to 00456-4 inclusive), List of Subcontractors (page 00458-1); 16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, 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 Specifications) ARTICLE 10 - MISCELLANEOUS Work°,(page 100632-1 ,and 00632-2 of the 10.01 Terms A. Terms used in this Agreement will have.the meanings indicated in the General Conditions 10.02 Assignment of Contract A. No assignment by •a :party hereto, of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically.; 6 Without limitation, moneys that may become due and moneys that are due may `not'be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary•in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 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. 00520 - Agreement (Public Works) REV 06-14 00520 - 7 F:1Public Works%ENGINEERING DIVISION PROJECTSN139-CR 512 Wbnd Resurracing-Roseland Rd to US 1SCOPN-Admin0d Documenls%Master Contract Documents100520 - Agreement (Public Works) REV 06-14.doc P175 10.05 Venue 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 required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of -the- requested records or -allow the records to be inspected or copied -within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the coritract if the contractor does not transfer the records to the County. (4) Upon completion of the contract; transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the "County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the.County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Publicrecords(Mircnov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 06-14 00520 - 8 FlPublic WorksIENGINEERING DIVISION PROJECTS\1139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOPN-Adminl8id DocumentsWaster Contract Documents100520 - Agreement (Public Works) REV 06-14.doc P176 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 , 20T (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: Joseph E. Flescher, Chairman -,(Contractor) By: (CORPORATE kAL) Jason E. Brown, 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: James.W. Ennis, P.E.;?MP Designated Representative: Title: County Engineer � Name: 1801 27th Street Title: Vero Beach, Florida 32960 = Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) REV 06-14 00520 - 9 l"Tublic Works\ENGINEERING DIVISION PROJECTSM39-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP11-Admin0d DocumentsWlaster Contract Documents\O0520 -Agreement (Public Works) REV M14.doc P177 BOARD OF COUNTY COMMISSIONERS April 10, 2017 Mr. Michael J. Kennedy, General Counsel Ranger Construction Industries, Inc. 101 Sansbury's Way West Palm Beach, FL 33411 Michael.Kennedy@RangerConstruction.com Reference: Decision Regarding Protest of Indian River County Invitation to Bid 2017034 Dear Mr. Kennedy: We are in receipt of your letter of April 3, 2017 protesting the County staff's recommendation of award to the second lowest bidder and Supplement to Protest dated April 5, 2017. After review, and for the reasons stated below, the bid protest is denied. Background Your protest letter states the placement of the recommendation of award for bid 2017034 on the April 4, 2017 agenda violates the seven day period during which protests may be made. Your protest also states that the staff report prepared as part of the April 4, 2017 Board of County Commission agenda, indicating Ranger was non-responsive and non -responsible was erroneous, the decision was based upon inaccurate or incomplete information and was arbitrary and capricious. The subject bids, to utilize the full depth reclamation (FDR) process to resurface portions of CR512, were opened on February 17, 2017 with Ranger submitting the lowest bid price of $3,402,846.50, Timothy Rose Contracting, Inc. (TRC) submitting the second lowest bid price of $3,491.545.38 and Community Asphalt Corporation ("CA") submitting the third bid of $4,008.129.70. Article 3 of Section 00200 — Instructions to Bidders states that "...B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project." After concerted effort by the Engineering Division, Purchasing Division and Office of the County Attorney, staff was not able to confirm Ranger's bid meets these qualifications, and therefore plans to make recommendation of award to the second lowest bidder, who did provide sufficient information to confirm they are qualified to perform the work. Basis for Denial of Protest In regards to the statement that the recommendation of award for the bid's placement on the April 4, 2017 agenda violates the protest procedure as described in Paragraph 19.08 of Section 00200 of the bid documents, Ranger knew or should have known of the County's intention to recommend award to TRC on Tuesday, March 28, 2017. The bid status was updated from "Under Evaluation" to "Recommendation of Award" on Demandstar.com the morning of March 28, noting the County's intent to recommend award to TRC on April 4, 2017, and thereby opening the window to protest (within '7 calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest"). Additionally, memos regarding the Office of Management and Budget • Purchasing Division 180027 1h Street, Vero Beach, Florida 329609(772) 226-14169Fax: (772) 770-5140 E-mail: purchasing@ircgov.com P178 041017 Response to Ranger Protest — Bid 2017034 recommendation of award were emailed to all three bidders that morning (to the email addresses provided with their submitted bids). As a courtesy to bidders, Ms. Jill Williams sent a copy of the agenda item (the document you refer to as the staff report) to all three bidders immediately after it received final approval on March 27, 2017, detailing the Engineering Division's recommendation of award. The timing issue is moot, as the matter was pulled from the agenda. Addressing your statement that the County's decision that Ranger is non-responsive and non -responsible was based upon inaccurate or incomplete information, Ranger was afforded two opportunities to provide accurate and complete reference information to evaluate and verify their qualifications, as required in paragraph 3.01 of Section 00200 of the bid documents; first in Section 00456 of the bid ("Qualifications Questionnaire") and again with a Request for Clarification from the Purchasing Division dated February 27, 2017. The County Engineer, Mr. James Ennis, P.E. attempted to contact each of the 21 project references provided by Ranger in Section 00456 —Qualifications Questionnaire of their bid as SIMILAR to the FDR work detailed for the project. Several references could not be contacted at the phone numbers provided, and Mr. Ennis was only able to identify two qualifying projects. To adequately assess their qualifications specific to FDR, the Purchasing Division sent a request for clarification to each of the three bidders on February 27, 2017. Bidders were instructed to complete a form (provided) detailing their FDR project experience from the past five years, and to "ensure client references listed ... are accurate." Ranger's response to the request for clarification was received on March 2, 2017 and listed six projects as qualifying FDR experience. One Indian River County project reference was listed, but it named and provided client reference for a project that did not include FDR. In response to Ranger's statement in its Protest Supplement that the County "should have known" Ranger meant to list the CR512 from Roseland Road to Easy Street FDR project completed in 2013, it is not appropriate for the County to make assumptions regarding information provided in response to solicitations. Of the five remaining references, no contact information (contact name, phone or email, as directed) was provided for two and a third reference phone number (with no name or company listed) was not able to provide information regarding the project or Ranger. These three projects were also listed by Ranger as having been completed more than five years ago. The two final projects listed were a storage lot at Martin County's landfill and the FDR of NASA Boulevard for FDOT. While confirmed to be an FDR project, the work at Martin County's landfill is subjected to minimal traffic flow, and is not similar to a major roadway project. The County Engineer spoke with Mr. Greg Sholar in FDOT's State Material Office regarding the referenced NASA Boulevard project, and was informed that project is not considered successful due to several failure points along the corridor. Mr. Sholar indicated that after two attempts at FDR, sections of roadway remained that did not meet the FDR process specification requirements and ultimately required sections of the reclaimed roadway to be reconstructed with Full -Depth Asphalt Base. As suggested by Ranger in its Protest Supplement, Mr. James Boughnam, FDOT Resident Construction Engineer for Brevard County, was contacted by Mr. Richard B. Szpyrka, P.E., the County's Public Works Director. Mr. Boughnam described 12 failures of base material and insufficient asphalt placement. He stated FDOT required Ranger to remedy the 12 failures by use of black base alternative. Additionally, as of April 7, 2017, the County was informed there is a dispute regarding the failed areas and who is responsible for them. Thus, the County has concluded, the NASA Boulevard project was not successfully constructed. P179 041017 Response to Ranger Protest — Bid 2017034 In regards to the statement that the County's decision that Ranger is non-responsive and non -responsible was arbitrary and capricious, the references provided by bidders in response to the request for clarification were reviewed, contacted and verified in the same manner, and therefore the decision was consistent with the invitation to bid. Conclusion Ranger's protest is denied. Ranger failed to provide evidence of its qualifications in the form of three similar and successful projects as directed in the request for clarification. Multiple contacts at FDOT indicated the NASA Boulevard project was not successfully constructed. Because of the failure to provide evidence of qualifications, in accordance with Paragraphs 3.03 and 19.01 of Section 00200 — Instructions to Bidders, Ranger is considered non-responsive. In accordance with Paragraph 19.01 of Section 00200, based on the failures indicated by FDOT regarding the NASA Boulevard project, Ranger is also determined to be non -responsible to perform this FDR project. Should Ranger disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners at its April 18, 2018 meeting, when the Board will be asked to consider award of the bid. If you do intend to appeal, please notify me in writing, as required by the Protest Procedure contained in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the item is called at the April 18, 2017 commission meeting. Per the policy, Ranger and any other bidders shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award. Such communication may result in disqualification. Please feel free to contact me at (772) 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding the protest procedure. Sincerely, Jenniftr�de Purchasing Manager cc: Mr. Timothy Rose, President Timothy Rose Contracting, Inc. Mr. Manuel Aguiar, Vice President, Community Asphalt Corp. Attachments: Attachment #3 to Section 00456 — Ranger Construction Industries Bid Response to Request for Clarification — Ranger Construction Industries Initial Notice of Protest by Ranger Construction Industries, Inc. Supplement to Ranger Protest P180 WARP FEange:r ger Attachment #3 Construction Experience/References Name of Project Date Completed Owner Contact Person Phone, Number Contract Amount Parkwood Neighborhood May -16 Martin County George Daama (772) 288-5481 $1,207,609.90 Restoration Asphalt Resurfacing Fiscal year Still workingSeminole County tY Alexis Stewart (407}665-7112 $1,518,230.07 2015-20156 159S/Broward County Still working/Started FDOT Ora ados / g Jesus Dies (91668 2015 $52,414,328.00 06/21/10 UI'zurum(Dra ados) SR 417 & 14 5/29/2015 FDOT Kim Navarro (321)690-3249 $357,779.00 Port St. Lucie Resurfacing/Asphalt Paving 04101/2015 (contract wasextended until 2017) City of Port St. Lucie Denis Burton (772)371-5157 $3,726,434.60 +200 tons. FOOT Brevard SR 5 US 1 & SR 500 11/28/2013 Operations/Infrastructure Kim Navarro (321)690-3250 $6,162,905.00 Engineering,Inc. SR40D Interchange @ SR 46 10/18/2013 FDOT District 5 Armando Perez (800)780-7102 $33,679,044.35 SR 60 2/19/2013 FDOT Glenn Bridges (321)388-5667 $18,487,769.32 SR 528 East of Dallas Blvd. Mainline & Ram Toll'Plazas Ramp 2/20/2012 Orlando -Orange County Ben Dreilin 8 (407)316-3801 $22,071,248.80 Expressway Authority 528-403 Polk County Road 54 3/17/2010 Polk County Purchasing Chris Rewis (863)534-5610'$17,255,380.38 SR 414 John Land Apopka 6/12/2009 Orlando -Orange County Ben Dreiling (407)316-3800 $105,620,368.24 Expressway Expressway Authority �DD �cmubvcw tr- Attachment #3 Contact Name of Project Date Completed Owner Person/Phone Phone Number Contract Amount Number Blue Heron & congress Ave. Milling 7/5/2015 Palm Beach county Eng. & Public John Corcoran (954) 9145577 $1,456,526.00 and resurfacing Works Various Streets in Volusia County, Milling, Resurfacing, Striping 7/3/2015 Volusia County Public Work David Meeks (386) 736-5935 $2,660,673.75 CR 512 EB Roseland Rd. East St. Indian May 13 Indian River County Christopher Kafer (772) 226-1416 $1,049,787.70 River County 27th Avenue(Oslo Rd. to SR 60), Indian Feb -13 Indian river BOCC Christopher Kafer (772) 226-1416 $1,243,157.53 River County SR 25(US 27) Polk County Mill and 2012 FDOT FDOT District 1 Office {863} 519-4130 $9,735,715.00 Resurface SR 429 Milling & Resurfacing Orange May -11 OOCEA Ben Drelling {407} 690 5000 $9;780,&12.52 County Village of Wellington/Yearly Paving 2012-2013-2014-2015-2016 Village of Wellington Dennis Flaherty (561) 791000 $5,988,122.00 Contract City of West Palm Beach Gardens/Annual Asphalt Milling and 2012-2013-20142015-2016 Cityof West Palm Beach Gardens Michael Morrow (561( 8047023 $356,356.00 Resurfacing Floridian Way in Caribbean Beach turn.lane improvements/Caribbean 2013 World Disney World Michael McGinnis Jeff (407-934-6980 (407}828-3355 $545,000.00 Piggrem Beach Resort existing bus loop modifications Animal Kingdom Parking lot 12/1/2015 World Disney World Michael McGinnis Jeff (407-934-6980 (407)828-3355 $1,800,000.00 improvements Pi rem gg BOARD OF COUNTY COMMISSIONERS February 27, 2017 Ranger Construction Industries, Inc. RANGER CONSTRUCTION INDUSTRIES, INC. Attn: F. Scott Fowler 4510 Glades Cutoff Road Fort Pierce, FL 34981 estimating@rangerconstruction.com VIA EMAIL REQUEST FOR CLARIFICATION Subject: Indian River County Bid No. 2017034 CRS12 WESTBOUND RESURFACING (ROSELAND ROAD TO US 1) AND CRS12 EASTBOUND RESURFACING (EASY STREET TO USI) Dear Mr. Fowler: Additional information is necessary to assess your firm's qualifications to perform the work requested under the subject bid. Please complete and execute the attached form In the same manner as your submitted bid, and deliver one original In a sealed envelope, clearly marked with "Bid 2017034" and your firm's name to the Purchasing Division, 1800 271' Street, Vero Beach, FL 32960 by 10:00 A.M. on Monday, March 6, 2017 (please note our office is open Monday through Friday from 8:30 a.m. until 5:00 p.m.). Failure to respond to this request as directed will result in declaration of your bid non-responsive. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact me. Sincerely, nifer yde" Purchasing Manager Attachment: Clarification form Office of Management and Budget • Purchasing Division 1800 271" Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770.5140 E-mail: purchasina@irceov.com 183 Supplement to Indian River County aid 2017034 — CR512 WESTBOUND RESURFACING (ROSELAND ROAD TO US 1) AND CR512 EASTBOUND RESURFACING (EASY STREET TO USI) 1. List all full depth reclamation projects completed by your firm as Prime Contractor in the past five years (attach additional copies of this sheet, as necessary). List ONLY full depth reclamation projects, do not include any other types of work. For each project, indicate whether mixing work was self -performed or completed by a specialty subcontractor. For projects completed by a subcontractor, provide that firm's name. Ensure client references listed below are accurate. }. 3. a3080 ew � e e l .rl l icor t� Hasa Boulevard DOT / Robert Martens February 2017 Self T5514 (321) 631-6564 robert.martens@dot.state.fl.us Solid Waste Transfer Martin County BOCC / John Polley February 2017 Self Facility Repavement (772) 288-5481 pur—d1V@rnart1n.fI.us CR 512 (125th Av to 1-95) Indian River County/Kimberly Graham May 2016 Mixing - Self (772) 226.1568 Injection - Contracted with kgraham@ircgov.com Asphalt Recycling, Inc. Timber Ridge Ft. Pierce, Fl. March 2009 Contracted with Asphalt Recycling, Inc. HOA phone number: 772) 562-9031 Castaway Cove 111 Vero Beach, Fl. October 2011 Contracted with Asphalt Retyding, Inc. Port of Sanford Seminole County Port Authorithy August 2010 Mixing - Self Injection - Contracted with Asphalt Recycling, Inc. 2. Indicate which of the following applies to your bid: ® My firm will perform the reclamation work.and have the following equipment available to perform the work: R -M 500 Caterpillar Reclaimer/Mixer equip with computer AC Injection ❑ We will utilize as subcontractor for the reclamation. Corporation Name: uIon Industries.Anc.State of Incorporation: F ori a By: (SEAL) Signature Scott Fowler Typed or Print N e Attest: Fowler Signature of Corporate 3eer-etafy- Assistant Secretary February 28. 2017 Date Vice Prp_c_ident Title (SEAL) ` 184 IR-1 Ranger Constriction Industries, Inc. April 3, 2017 By E-mail: ourchasina0ircaov.com And Federal Express Jennifer Hyde Purchasing Manager Office of Management and Budget Purchasing Division Indian River County 1800 27th Street, Vero Beach, FL 32960 INITIAL NOTICE OF PROTEST BY RANGER CONSTRUCTION INDUSTRIES, INC Re: Project Number 1139 -Bid # 2017034 CR 512 Resurfacing Dear Ms. Hyde: I am writing to you on behalf of Ranger Construction Industries, Inc. ("Ranger") regarding IRC - 1139 CR512 Resurfacing Award of Bid (The Contract") and the Staff Report dated March 27, 2017 which was transmitted by way of an email from Jill Williams on Thursday March 30, 2017 at 11:42 AM. Pursuant to Article 19 -Award of Contract, Section 19.08, Ranger Construction Industries, Inc., the low bidder HEREBY SERVES ITS INITIAL PROTEST in response to the staff recommendation that the second low bidder beawarded to subject contract. In serving this protest Ranger first challenges to procedural process employed by Indian River County ("The County")to submit The Contract for approval by the County Commission before Rangers right to protest has expired.. Ranger will also assert among other things, that the decision reflected in the Staff Report was based upon inaccurate or incomplete information, that the decision was arbitrary and capricious or that the procedure employed was applied in an arbitrary or capricious fashion. Given that Ranger was compelled to serve this notice based upon the date chosen by the County for the presentation of the Contract for Board of County 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 7904332 Mailing Address: PO Box 15065; West Palm Beach, FL 33416 * www.rangerconstrucUon.com P185 Commissioner's approval, Ranger reserves the right to supplement its protest within the time period allowed under Section 19.08. PLACING THE CONTRACT'S APPROVAL ON THE APRIL 4, 2017 COMMSION AGENDA VIOLATES SECTION 19.0841NISTRUCTION TO BIDDERS. Ranger's initial objection is based upon the of the contract award being placed on the consent agenda for April 4, 2107. Both Mr. Williams'e-mail and the Staff Report indicate that The Contract's award is scheduled for the Consent Agenda of Indian River's Board of County Commissioners April 4, 2017 meeting. Mr. William's email is attached as Exhibit 1 and the referenced report is attached as Exhibit 2. The Instruction to Bidders, Article 19 -Award of Contract in Section 19.08 on its face provides that "[a]ny actual of prospective bidder or proposer who is aggrieved in connection with the bidding and/or the selection process may protest to the Owner's Purchasing Manager.... [i] n writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest." Section 19.08 is attached as Exhibit 3. Here as evidenced by Mr. William's email, Ranger's first notice of the Staff recommendation was on Thursday, March 30"' and The Contract award is set on the Consent Agenda for the Tuesday, April 4, 2017 Board of County Commissioners meeting. Under the County's own published process, Ranger would have until Thursday, April 6, 2107 to serve its protest. The presentation of the recommendation of award to and the approval by the Commission before the expiration of the time in which Ranger is required to submit its protest deprives Ranger of the opportunity to effectively state its case and requires Ranger to effectively "unring the bell" of approval by the Commission. The presentation of this Contract for approval on the April 4t' agenda is contrary to the County's process contained in Section 19.08 and the Contract should be removed from the Agenda until Ranger has had time to fully investigate the recommendation, and to develop and present its Protest. RANGER RESERVES ITS RIGHT TO TIMELY SUPPLEMENT ITS PROTEST WITH THE TIME PROVIDED IN SECTION 19.08 As more fully stated above, Ranger in order to protect its right to protest the premature award of a contract to which it objects, finds itself in a position of having to state its preliminary protest based upon the procedure set forth is Section 19.08 and reserve the right to supplement its submission within the time established in Section 19.06. Ranger will further supplement its protest with facts showing that the recommendation made in the Staff Report was based upon inaccurate or incomplete information, that the decision was arbitrary and capricious or that the procedure employed was applied in an arbitrary or capricious fashion. CAPRCIOUS Ranger objects to the recommendation in the Staff Report and reserves the right to more fully advance and support these grounds by way of a timely supplement to this Initial Notice of Protest. As will be further shown by Ranger, the decision was based upon inaccurate information, the guidelines/ requirements were arbitrarily and capriciously applied and the findings of the Staff Report were erroneous. 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address. PO Box 15065; West Palm Beach, FL 33416 * www.rangerconstruction.com P186 CONCLUSION Ranger reserves the right to timely supplement its Initial Notice of Protest. Ranger objects to the consideration of The Contract being placed on the April 41 Board of County Commission agenda in any fashion; whether on the consent agenda or the regular agenda as to do so will violate Ranger's right to protest which is granted to Ranger in section 19.08! PLEASE CONFIRM THAT THIS ITEM WILL BE REMOVED FROM THE APRIL 41h AGENDA Michael J. Kennedy General Counsel 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address: PO Box 15065; West Palm Beach, FL 33416 * www rangerconstruction.com P187 7 Scott Fowler From: Ranger Estimating Sent: Thursday, March 30, 2017 2:04 PM To: Steve Skubal; Scott Fowler; Pete Scholer Subject: FW: IRC -1139 CR512 Resurfacing Award of Bid Attachments: IRC -1139 Staff Report Award of Bid.pdf From: Jill Williams (mailto:jwilliams@ircgov,com) Sent: Thursday, March 30, 201711:42 AM To: Ranger Estimating <estimating@ rangerconstruction.com>; Tim Rose Contracting <timrose 7@comcast.net>; jbickford@cacorp.net Cc: Jennifer Hyde <jhyde@ircgov.com> Subject: IRC -1139 CR512 Resurfacing Award of Bid Good morning, Attached is the Staff Report scheduled for the April 4, 2017 Board of County Commissioners meeting for the subject project. If you have any questions, please contact IRC Purchasing Manager, Jennifer Hyde at purchasingQircgov.com. Thank you. Jill Williams Staff Assistant III, Engineering Division Indian RiverCounty 18012711 5treet, Vero Beach, FL 32960 (772) 225-1380 Email iwillioms@ircoov.com P188 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engine SUBJECT: Award of Bid No. 2017034 DATE: CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) March 271h, 2017 DESCRIPTION AND CONDITIONS On March 22"d, 2016 the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $2,404,264.00 for the resurfacing of CR512 which includes the dual westbound lanes from Roseland Road to US -1 of CR512 and the eastbound lanes from Easy Street to US -1. The grant also includes reimbursement for construction engineering inspection (CEI) services. The bids for this project specified use of the Full Depth Reclamation (FDR) process. This process shortens the duration of the construction process but requires special expertise and equipment. A bid opening for the CR -512 Resurfacing was held on February, 17th 2017. Three (3) 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 follow: . Ranger Construction Industries, Inc. Fort Pierce, Florida $3,402,846.50 Timothy Rose Contracting, Inc. Vero Beach., Florida $3,491,545.38 Community Asphalt, Corp. Vero Beach, Florida $4,008,129.70 The bid specified that the bidder was to "have successfully constructed, as Prime Contractor, at least three projects similar in scope to this project". After the 'bids were opened, staff met to review the bids, especiallythe responses concerning whether the bidders had successfully completed, as Prime Contractor, three similar projects using the FDR process. Following the review, on February 271h, 2017 the Indian River County Purchasing Department issued a request for clarification to the three bidders which asked for reference projects specific to their firm's history of using the Full Depth Reclamation (FDR) process and accurate references for the projects listed. The Indian River County Public Works Department and Attorney's office reviewed the supplementary project references and made the following determinations: • Ranger Construction listed 6 reference projects: 1 FDR project was noted by FDOT as having significant failures of the roadway and was not deemed "successfully completed", 1 project was listed incorrectly along with incorrect contact information,1 project was listed which was not FDR, 1 project was not able to be determined, and 2 projects were listed with correct contact information and positive quality references. County Purchasing staff was specific in its request for clarification, including whether the bidder subcontracted the FDR process or did the FDR as the Prime Contractor without a subcontractor. Ranger's response to the request for clarification was incomplete, erroneous and vague. Despite the poor information provided in the response, staff P189 Page 2 Award of Bid 2017034 BCC Agenda Item for April 411, 2017 diligently attempted to verify the request for clarification. After review of Ranger's request for clarification, staff determined that Ranger Construction has not successfully completed three similar projects in scope to the project at hand. Timothy Rose Contracting, Inc. listed 7 reference projects: 6 projects were listed with correct Contact information and positive quality references, and 1 projectwhere the reference was notable to be contacted. All 6 projects listed by Rose were FDR projects and all 6 projects were completed successfully and were similar to size and scope to the project at hand. Community Asphalt, Corporation listed 10 reference projects: 10 projects were listed with correct contact information and positive quality references. Ranger Construction Industries of Ft. Pierce, FL provided the lowest bid, of $3,402,846.50, for the project; however, Ranger Construction failed to meet the requirements of the supplementary questionnaire tothe bid and Article 3.01(B) 'Qualifications of Bidders' which required the Bidder to "have successfully constructed, as Prime Contractor, at least three projects similar in scope to this project" and has been declared a non-responsive and non -responsible bidder. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with.a bid totaling $3,491,545.38. Timothy Rose Contracting, Inc. has completed various construction projects within the County, including FDR - style projects, and ;has consistently performed work In a satisfactory manner. FUNDING Per the SCOP grant agreement, the County must fund the project and then request the reimbursement of the grant share from FDOT to a maximum amount of $2,404,264.00. Funding from the County's cost share in the amount of $1,087,281.38 is budgeted in the Account No. 10921441-053360-16010 Secondary Roads/FDOT SCOP Grant/CR512 Resurfacing (Easy Street/US-1/Roseland Road). RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Timothy Rose Contracting, Inc. for $3,491,545.38. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement DISTRIBUTION Ranger Construction Industries, Inc. Timothy Rose Contracting, Inc. Community Asphalt, Corp. FDOT APPROVED AGENDA ITEM FOR April 4a', 2017 Y\Public Works\ENGINEERING DIVISION PROJEC %1139 -CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP\1-Admin\Agenda items\IRC- 1 l39_Agenda Memo Award of Bid_20170404.doc P190 a ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in Its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an Interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 in evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other Individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such Investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 if the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 19.07 OWNER has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. 19.08 Any actual or prospective bidder or proposer who Is aggrieved in connection with the bidding and/or selection process may protest to the OWNER's Purchasing Manager. The protest shall be submitted in writing to the Purchasing Manager within seven (7) calendar days 00200 - Instructions to Bidden REV 04-07 00200 - 9 F:T%Mc VVwkAENGINEERINO DIVISION PROJECTSM38-CR 512 Wbnd Resu/achp•Ruse{and Rd to US 1.9COPV1ckdslbM doeunNnblFM1sslw Cgatrrei Dobumsntst00200- Inskwllons to Bidden REV 04A7.dx R". 05101 P191 RiiaRanger Construction Industries, Inc. April 5, 2017 By E-mail: aurchasina0ircaov:com And Federal Express Jennifer Hyde Purchasing Manager Office of Management and Budget Purchasing Division Indian River County 1800 271 Street, Vero Beach, FL 32960 Re: Project Number 1139 -Bid # 2017034 CR 512 Resurfacing SUPPLEMENT TO PROTEST OF RANGER CONSTRUCTION INDUSTRIES, INC. Dear Ms. Hyde: 9 - Ranger Construction Industries, Inc. CRanger") serves its Supplement to its Initial Protest regarding IRC -1139 CR512 Resurfacing Award of Bid (The Contract"). 'This Protest is brought pursuant to Article 19 -Award of Contract, Section 19.08 and Section 7.1 of the Purchasing Manual of the Indian River Board of County Commissioners and is directed to the Staff Report dated March 27, 2017 in which staff found Ranger had "not successfully completed three similar projects in scope" to the project that was the .subject of Bid # 2017034. That report was the basis for the staff decision that Ranger was not a responsive bidder. That report was first transmitted to Ranger by way of an email from Jill Williams on Thursday March 30, 2017 at 11:42 AM. Pursuant to Article 19 -Award of Contract, Section 19.08 and Section 7.1 of the Purchasing Manual of the Indian River Board of County Commissioners Ranger Construction Industries, Inc., the low bidder, HEREBY SERVES ITS SUPPLEMENT TO ITS PROTEST which is directed to the staff recommendation that the second low bidder be awarded the subject Contract. In serving its Initial Protest Ranger first challenged to procedural process employed by Indian River County ("The County"). Ranger since received word that the item had been removed from the subject agenda. Ranger also asserted that the decision reflected in the Staff Report was based upon inaccurate or incomplete information, that the decision was arbitrary and capricious or that the procedure employed was applied in an arbitrary or capricious fashion. Given that Ranger was Compelled to serve this notice based upon the date chosen by the County for the presentation of the Contract for Board of County Commissioner's approval, Ranger reserved its right to supplement its protest within the time period allowed under Section 19.08. Additionally, one of the references was unavailable for comment until this morning. This filing is intended to supplement and not supplant Ranger's previously filed Initial Protest. It is noted that the first 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address: PO Box 15065,'West Palm Beach, FL 33416 * www.rangerconstruction.com P192 time Ranger became aware of the Staff Report was by way of the Williams email and that for some unexplained reason the Staff Report which shows a date of March 27, 2017 was not sent to Ranger until three days later, even though it was in staff's possession. Ranger objects to the recommendation in the Staff Report as it is inaccurate. First, the Staff Report fails to provide any details whatsoever of the efforts it undertook or even to identify the projects' clients that were contacted, the specific responses of the clients for those projects that were contacted and what projects clients could not be reached. The Staff Report is so vague that a meaningful response cannot be framed. Staff should be required to provide sufficient details that would allow Ranger to determine the accuracy of the report. As written the report fails to provide any names, responses or additional details of the projects. First, the most significant projects successfully completed by Ranger is CR 512 (Roseland Road to Easy Street Project 1132). This project was successfully completed for Indian River Countyl That project is part of the CR 512 roadway system and directly across the median from the project which is the subject of this bidl While it is noted that it was misidentified in the Clarification, staff should have been aware of this project when it attempted to diligently verify the information. The CR 512 -Roseland to Easy Street alone should provide the best reference of Ranger's capabilities, yet, the staff report fails to mention this project by name or even the fact that Ranger has performed such work for the County. The report claims that "1 FDR project was noted by FDOT as having significant failures of the roadway and was deemed not 'successfully completed"'. Again, while the project or the individual giving the reference is not identified, it is presumed that this reference is to the NASA Boulevard Project (T5514). Ranger strongly objects to this statement as being inaccurate! The statement infers that Ranger's work was defective or resulted in failures. This is simply not the case. Ranger's work was accepted by the FDOT and it is in the process of final acceptance, without any assessments for penalties or incomplete or non -complying work. The issues with the project were not a product of Ranger's errors. The FDOT representative with intimate knowledge of the project is James Boughnam, FDOT Resident Construction Engineer for Brevard County. Upon information and belief and based upon a conversation with Mr. Boughnam of this date, Mr. Boughnam is of the view that while there were a very nominal percentages of areas which were problematic, but those issues related to the existing base (soil cement) and not to Ranger's work. Mr. Boughnam urges County staff to contact him so he can give a factually correct assessment of that project. Ranger also urges that an independent staff member be directed to contact Mr. Boughnam to confirm Ranger's understanding. Ranger submits that it has successfully completed this project and has asked for a letter from the FDOT confirming same, but it is expected that it will take a week to 10 days to obtain such correspondence. The FDOT Resident Engineer considered Ranger's worts on the NASA Boulevard Project was successfully completed, that is contrary to the statement or inference contained in the Staff report. The Bid Documents for the Project required that the bidder was to have successfully completed at least three projects similar in scope. The Staff report concluded that Ranger had not successfully completed three similar projects. The report goes on the state: "2 projects were listed with correct contact information and positive quality references". While the report does 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address: PO Box 15065; West Palm Beach, FL 33416 * www.rangerconstrucbon.com P193 not identify which of the two projects were acceptable, it infers that there were at least two projects which matched the criteria and which Ranger had successfully completed. Ranger submits that with an accurate representation regarding the listed FDOT project, it will have been deemed to have to have successfully completed three similar projects and thus had compiled with the project's bid requirements. Further, while the projects which were rejected were not identified, if staff rejected the CR 512 Roseland -Easy Street project (which was misidentified) as one which had the inaccurate listing, then that would be another qualifying project- one of which the County had firsthand experience. These facts alone require that the staff recommendation be rejected and that the Contract awarded to Ranger as the lowest responsible bidder! RANGER's RESPONSE TO THE REQUEST FOR CLARIFICATION WAS SUFFICIENT Further, Ranger disputes that its response to a request for clarification was incomplete, erroneous and vague. As stated above Ranger was required to show three such projects and its listing of "all full depth reclamation projects" included a list of six (6) such projects. This information was requested by correspondence dated February 27, 2017 from you to F. Scott Fowler. As requested Ranger did respond and listed the relevant projects. If staff had any difficulty in contacting representatives of the listed projects, the most obvious course would have been for staff to ask Ranger to provide additional contact information or even technical specifications for the specific projects. Further the Staff Report simply states that staff made a diligent attempt to verify the request for clarification, but the Report fails to provide any details of the actions staff undertook to verify the 'information. The request only sought projects which were completed in the past five years, thus the two projects which lacked sufficient contact information, were for information only and were provided in an abundance of caution; but as they were beyond the five year look=back period, they should not be considered. It is clear that staff failed or neglected to reach out to the most obvious source of such .contact information, Ranger. It is also noted that the letter requesting clarification did not warn that the failure to completely respond would result in declaration of the bid as being unresponsive, rather it was the "[f)ailure to respond that would result in the bid being determined as unresponsive. Ranger responded timely and provided sufficient references to meet the established criteria. Thus, the statement in the Staff Report that Ranger's response to the request for clarification was incomplete, erroneous or vague is not accurate, nor is it a relevant fact to be considered in the evaluation of Ranger's qualifications. CONCLUSION The recommendation of the Staff Report that Ranger failed to meet the requirements of the bid was based upon staffs finding that Ranger failed to have successfully completed three projects similar in scope" to the instant project. That finding is erroneous with regard to the FOOT project and is wholly vague as to the other projects listed, including the CR 512 Roseland -Easy Street project. With clarification of the response from the FDOT regarding the NASA Boulevard Project, it is clear that Ranger meets the required criteria. Further if the CR 512 project was disregarded due to Ranger's incorrect listing, that would be an additional qualifying project. As shown by Ranger, the decision contained in the Staff Report was based upon inaccurate information, the guidelines/ requirements were arbitrarily and capriciously applied and the findings of the Staff Report were erroneous. Alternatively, staff should be required to supplement its report to include the comments of Mr. Boughnam and provide complete information so that Ranger can understand what" diligent efforts" were undertaken, what the 101 Sansbury's Way; West Palm Beach, FL 33411 ' Phone, (561) 793-9400' Fax: (561) 790-4332 Mailing Address: PO Box 15065, West Palm Beach, FL 33416 "www.rangerconstruction.com P194 several listed project clients told the staff member conducting the inquiry and why if there was difficulty in contacting the listed clients, why Ranger was not contacted. In the end, it is clear that Ranger has successfully completed three similar projects and should be deemed to be responsive and thus it is the low .._ eve bi der. Resp ully s miffed, Michael J. Kenne y General Counsel cc Dylan Reingold, Esq 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address: PO Box 15065; West Palm Beach, FL 33416 * www.rangerconstruction.com P195 Dylan Reingold, County Attorney William X. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney )3A Of Ce o, f Attorney's Matters 04/11/2017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Direct06� orFROM: William K. DeBraal, Deputy County Attorney DATE: April 4, 2017 ATTORNEY SUBJECT: Consideration of a Mediated Settlement Agreement: Jenkins v. Indian River County, Circuit Court Case No. 312014 CA 911 1. INTRODUCTION The following information is submitted for consideration by the Board of County Commissioners (BCC) in approving a Mediated Settlement Agreement between the Estates of William and Carl,yne Jenkins (Jenkins) and Indian River County (County) for property acquisition associated with the construction of 531 Street west of Old Dixie Highway and east of Waterway Village (hereinafter referred to as "Project"), in Indian River County. II. PROJECT PURPOSE AND CHRONOLOGY The _project consisted of constructing 53rd Street into a four -lane road with bridges, turn lanes, improved drainage, sidewalks and signalization. The project also included roadway signing and pavement marking items. The 53rd Street Project was initially envisioned as a US Highway 1 to 1-95 corridor back in the 1980s. At that time, 531 Street was chosen over 49th Street due to the lack of residential development along 53rd Street. The Project was designed in house spanning the careers of three Public Works Directors, three County Engineers, and an unknown number of County Surveyors and Project Engineers. The Estates of William and Carlyne Jenkins, (Jenkins) own two adjacent parcels of property that lie on the south side of 531 Street west of Old Dixie Highway and east of the Waterway Village development. The two parcels have a combined size of 27.63 acres. These roughly rectangular - shaped parcels are zoned A-1, Agricultural, up to 1 unit per five acres. The underlying future land use is C/I Commercial Industrial. The parcels are undeveloped and were the site of the former Jenkins sand mine. The property is in the process of being filled in and at this point, approximately 15 acres are submerged. The road construction plans for 531d Street called for the County to acquire approximately 6.2 acres of submerged and upland property from the Jenkins for road right-of-way for the construction of 531d Street. The County also needed a 2.86 acre Temporary Construction P196 531d Street Jenkins Mediation April 4, 2017 ,Page 12 Easement (TCE) on the south side of the right-of-way parcel for access during the construction process. An aerial photograph of the two parcels is attached to this memorandum. Following the completion of the Project, it was discovered that the area used for a TCE was permanently covered with fill material in order to support the road. The area permanently covered with fill measures 2.86 acres. In hindsight, the County should have sought to acquire fee simple interest or at least a Permanent Slope Easement when purchasing the needed right-of-way rather than a Temporary Construction Easement. After discovering that the TCE was of a permanent nature, Jenkins filed a lawsuit in inverse condemnation alleging that Indian River County had taken this portion of the property without compensation by placing fill material on the Jenkins' property. That suit is pending in the Circuit Court and the County is represented by its outside eminent domain attorney, Bill Doney, Esq. while the Jenkins are represented by Robert J. Gorman of Ft. Pierce. William and Carlyne are both deceased and the property is undergoing probate with Brian Jenkins and Patricia Mack acting as co - personal representatives. Both parties conducted depositions of the expert witnesses in the case and past County employees involved in the Project. After reviewing surveys and as -built plans, the parties agreed that the property had been taken by the County without compensating the Jenkins. Removal of the fill from the property taken would not be possible as the fill is necessary to support the east bound 53rd Street roadway. Since the parties agreed that the property had been taken, the issues left to resolve are the value of the property, attorney's fees, expert witness costs, interest and the type of interest the County would need in the property, that is, whether a slope easement would suffice or if a fee simple interest would be needed. The Jenkins' appraiser valued the property taken at $466,800. The County's appraiser valued a fee taking at $250,000 with a slope easement at $125,000. In preparation for mediation and if necessary, trial, the County hired the firm of Morgan and Eklund to survey the submerged lands. When compared to previous surveys, the latest survey showed that the fill placed to support 53rd Street had started to slough off covering more of the Jenkins' property and would likely continue to do so in the future. Due to this development, staff decided to proceed with a fee simple taking and forego the slope easement. III. RISK ASSESSMENT An inverse condemnation case is different than a normal eminent domain case. Interest begins to run on the judgment from the day of take. For the purpose of determining interest the parties used the day of the opening of the road, December 11, 2011, as the day of take. Once a monetary figure is established by a jury or by settlement, the interest is calculated. Attorney's fees in an inverse condemnation case can be measured on an hourly basis or the statutory method based on benefit gained for the client. In the Jenkins' case, the parties agreed on an attorney's fee based on the statutory method of benefit obtained for the client: 33% of the first $250,000 benefit gained; and 25% of the benefit obtained in excess of $250,000. In the case at hand, the Jenkins' attorney could have charged an hourly rate until the time a taking was established by the court and then used the benefit amount thereafter. Determining the reasonable hourly rate and number of hours worked on the case would require hiring an additional expert with the County footing the bill. If this matter would have proceeded in the court system, an order of take hearing would have been held to determine if property was indeed taken, how much property was taken and the date it was taken. Since the parties basically agreed on these three points, settling at mediation saved the P197 531 Street Jenkins Mediation April 4, 2017 Page 13 County from paying additional expert witness fees to its own witnesses and the Jenkins' experts. After the order of take hearing, the matter would have proceeded to a 12 -person jury trial to determine the amount of damages resulting from the take with the County being obligated by statute to pay all reasonable attorneys' fees and expert witness fees on both sides of the case. The County's risk in this matter is directly attached to the Jenkins' damages. At deposition, the Jenkins' claimed that they were being paid by contractors to dump clean concrete into the pond for fill. Mr. Jenkins produced receipts for the concrete dumping. They also produced a permit from the Florida Department of Environmental Protection (DEP) for filling the pond with concrete. They also claimed damages due to loss of drainage and a cost to cure the site by building a driveway to access their property due to the extra fill added by the County. As stated earlier, the final risk to the County was the sloughing of fill off of the slope covering more of the Jenkins' property as time passes. IV. MEDIATION The mediation was attended by the co -personal representatives of the Jenkins Estate, Brian Jenkins and Patricia Mack; their attorney Bob Gorman; retired 19th Circuit Court judge Ben "Buck" Bryan, the mediator; outside counsel for the County, Bill Doney; Public Works Director Richard Szpyrka; and me. Negotiations took place over a period of six hours with ten different offers and counter offers exchanged. The parties agreed (subject to Board approval) to a settlement of all issues as follows: • The County would pay the sum of $375,000 in full and final settlement for title to the right-of- way property. The County will receive a warranty deed from the Estates of Jenkins and a release from past, present and future damages. • Statutory attorney's fees of $113,750 to Robert J. Gorman and Associates, PA. • Interest on the $375,000 settlement from December 11. 2011 at a rate of 4.75% (with some fluctuations) in the amount of $94,765.11. • Expert witness fees consisting of a surveyor $10,172.50, an engineer $8,480.00 and an appraiser $20,787.92 for a total of $39,440.42. • Filing fees, service of process fees and court reporter fees in the amount of $1,293.45. Total cost of acquisition for the Jenkins matter is $624,248.98. V. DISCUSSION The risks have been set forth above. There is no way to predict how much a jury would award the Jenkins in this case, although juries tend to favor the landowner in inverse condemnation cases. In order for it to be financially beneficial for the County to take this case to trial, a jury would have to return a verdict significantly less than the settlement amount of $375,000 to offset the increased costs of attorneys' fees and expert witness fees that would be borne by the County as the County will still incur interest and the Jenkins' attorneys' fees. Thus, the effect of the settlement is to cap the County's potential exposure from a •higher verdict, additional fees and costs. ►I111111201 Although not currently budgeted, funds for this expenditure are available through a budget amendment from Traffic Impact Fees/District II/Cash Forward -Oct 1st. to Traffic Impact Fees/District I I/ROW/53rd Ave/58th St to US 1, Account # 10215241-066120-02025. P198 531d Street Jenkins Mediation April 4, 2017 Page 14 VII. RECOMMENDATION Staff recommends that the Board approve the Mediated Settlement Agreement and authorize the Chairman to execute any documents in furtherance of the agreement on behalf of the Board. All appraisal reports, expert reports and copies of invoices are not attached to this memo due to their length but are available for review at the County Attorney's Office. Copy to: Richard B. Szpyrka, P.E. Bill Doney, Esq. Attachments: Aerial Photo Mediation Agreement P199 Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS Page 1 of 1 ParcelID OwnerName PropertyAddress 32392200000100000004.0 AR INS VvgLLIAM E 32392200000100000003.1 JENKINS WILLIAM E CARLYNE * http://vvww.ircpa.org/PrintMap.aspx 5300 31 ST AV VERO BEACH, FL 32967 5300 31 ST AV VERO BEACH, FL 32967 Notes r. 4/4/2017 P200 P201 P202 r � 1 y J Y`ki oe 3o a v .. :P :. ` � �i •� +•✓(mac �1C G`��r.sz' - ��.: • -�� ;'t � ait%w�. • ._ �o�l ��✓ � - - . ` � �j � � 1`�4�%v+^- �-e. bra G- i -�• ./.i' � n P202 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /36 County Attorneys Matters - B.C.C. 4.18.17 Oce of INDIAN RIVER COUNTY ATTORNEY 1 -CI 1_74_ 1 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 5, 2017 SUBJECT: Resolution Supporting Local Zoning Decisions Protection Act of 2017 BACKGROUND. On April 4, 2017, the Board of County Commissioners of Indian River County (`Board") directed the County Attorney's Office to draft a resolution in support of the Local Zoning Decisions Protection Act of 2017. Per the Board's direction, the County Attorney's Office has drafted the attached proposed resolution. The resolution notes that the Board supports the Fair Housing Act and its goals of prohibiting discrimination in housing and that the Board participates in a number of initiatives such as the Housing Choice Voucher program, the Veterans Affairs Supportive Housing program, and the State Housing Initiative Partnership Program that are utilized to assist very low, low and moderate income families. In the resolution, the Board expresses its concern with the Department of Housing and Urban Development Final Rule entitled "Affirmatively Furthering Fair Housing", published in the Federal Register on July 16, 2015 (the "AFFH Rule"), which requires the use of an Assessment Tool that provides for an analysis of local land use and zoning laws. The Board thus expresses its support of the Local Zoning Decisions Protection Act of 2017, which 1) nullifies both the AFFH Rule and the Assessment Tool, and 2) prohibits Federal funds for being used to design, build, maintain, utilize, or provide access to a Federal database of geospatial information on community racial disparities or disparities in access to affordable housing. The resolution calls for a certified copy of the resolution to be provided to Congressman Bill Posey, Senator Bill Nelson, Senator Marco Rubio and President Donald Trump. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. ATTACHMENT(S). Proposed resolution. F-Wtk-1YV .d.1GEAEUDB C C1AV-aM—aa-d%Hing D-1— P,.ed nAeadx P203 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS AND PRESIDENT DONALD TRUMP TO SIGN THE LOCAL ZONING DECISIONS PROTECTION ACT OF 2017; AND DIRECTING. CERTIFIED COPIES OF THIS RESOLUTION TO BE PROVIDED TO VARIOUS OFFICIALS. WHEREAS, the Indian River County Board of County Commissioners (Board) supports the Fair Housing Act and its goals of prohibiting discrimination in housing; and WHEREAS, locally Indian River County participates in a number of programs, such as the Housing Choice Voucher program, the Veterans Affairs Supportive Housing program, and the State Housing Initiative Partnership Program that are utilized to assist very low, low and moderate income families; and WHEREAS, the Department of Housing and Urban Development (HUD) issued a Final Rule entitled "Affirmatively Furthering Fair Housing", published in the Federal Register on July 16, 2015 (the "AFFH Rule"); and WHEREAS, AFFH Rule applies to those jurisdictions that are required to submit consolidated plans for the Community Development Block Grant (CDBG) program, the Emergency Solutions Grants (ESG) program, the HOME Investment Partnerships (HOME) program, and the Housing Opportunities for Persons With AIDS (HOPWA) program; and WHEREAS, the AFFH Rule requires the use of an Assessment Tool which provides for an analysis of local land use and zoning laws; and WHEREAS, the Board, as well as some of the commenters to the AFFH Rule, has concerns that HUD, through the AFFH Rule and Assessment Tool, will impede local control on zoning and land use decisions; and WHEREAS, because of these concerns and potential federal government overreach, the Board wishes to express its support for the Local Zoning Decisions Protection Act of 2017, which 1) nullifies both the AFFH Rule and the Assessment Tool, and 2) prohibits Federal funds for being used to design, build, maintain, utilize, or provide access to a Federal database of geospatial information on community racial disparities or disparities in access to affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board of County Commissioners of Indian River County. 2. The Board of County Commissioners of Indian River County urges the United State Congress to pass and President Donald Trump to sign the Local Zoning Decisions Protection Act of 2017. 3. A certified copy of this resolution shall be provided to Congressman Bill Posey, Senator Bill Nelson, Senator Marco Rubio and President Donald Trump. P204 RESOLUTION NO. 2017 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams CommissionerTim Zorc Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this _ day of April, 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: ylan Reingold County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph E. Flescher, Chairman P205