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HomeMy WebLinkAbout06/11/2019BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 11, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating June 17th Through June 23rd, 2019 As Amateur Radio Week. Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 16, 2019 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 11, 2019 Page 1 of 6 7.A. Appointment of Commissioner Joseph E. Flescher to District 19 Medical Examiner Search Committee Attachments: Commissioner's Memorandum 7.B. Proclamation Celebrating Michelle Perrault on Her Forty Years of Continuous Service with the Indian River County Property Appraiser's Office Attachments: Proclamation 7.C. Application to the Florida Department of State, Division of Historical Resources for the Archie Smith Fish House (Special Category) and Jones' Pier Conservation Area (Small Matching) Attachments: Staff Report 2019 0605 Archie Smith Fish House DHR Grant Form NF 2019 0605 Jones Pier DHR Grant Form NF 7.D. Order PSC -2019 -0211 -PCO -EI suspending FPL's proposed underground residential differential tariffs and associated charges; docket to remain open pending Commission vote on the proposed tariff revision, is on file in the Office of the Clerk to the Board. 7.E. PAA Order PSC -2019 -0218 -PAA -EI approving AFUDC rate for FPL, effective 1/1/19; AFUDC rate for FPL is 6.22 percent based on a 13 -month average capital structure for the period ended 12/31/18; if no timely protest, order to become final and effective on issuance of a CO; docket to be closed; protest due 6/24/19. This document is on file in the Office of the Clerk to the Board. 7.F. TRF Order PSC -2019 -0220 -TRF -EI approving FPL's petition for optional three-year supplemental power services program and tariffs; tariffs shall become effective 90 days after the date of order approving the program;...if order becomes final, docket to be closed; protest due 6/24/19. This document is on file in the Office of the Clerk to the Board. 7.G. Order No. PSC -2019 -0222 -TRF -EI granting Florida Power & Light Company's petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs is on file in the Office of the Clerk to the Board 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 24, 2019 to May 30, 2019 Attachments: Finance Department Staff Report 8.B. Recommendation of Final Payment of Work Order AA -1 to Andersen Andre Consulting Engineers, Inc. for Construction Material Testing and Monitoring Services for Osprey Acres Floway and Nature Preserve Attachments: Staff Report Application for Payment No. 4 (Final) June 11, 2019 Page 2 of 6 8.C. Award of #2019049 - Oyster Bar Marsh Boardwalks and Observation Piers Attachments: Staff Report Sample Agreement 8.D. Recommendation of Release of Retainage for the Replacement of Conveyor Systems at the PC Main Screening System Attachments: Staff Report Application for Payment No. 4 (Final).pdf2 8.E. Work Order No. 14 with Kimley-Horn for Bulk Acid Tank Replacement at North (Hobart) County Water Plant Attachments: Staff Report Work Order No 14 Bulk Acid Tank Replacement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Transmittal Hearing: County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps (Legislative) Attachments: Staff Report Comprehensive Plan Text Amend. Application Portion of December 4, 2018 BCC Minutes Portion of PZC April 25, 2019 Minutes Transmittal Text Resolution 10.A.2. Consideration of a County -Initiated Land Development Regulation (LDR) Amendment to Chapter 926 Regarding Changes to Palm Credits for Canopy Trees (Legislative) Attachments: Staff Report Excerpt from January 16, 2019 DRPPAC Minutes Excerpt from April 25, 2019 PZC Minutes Draft Ordinance June 11, 2019 Page 3 of 6 10.A.3. Consideration of a Request by Gary Middleton to Amend Land Development Regulation (LDR) Chapter 971 (Regulations for Specific Land Uses) by Changing the Maximum Building Height for Self -Service Storage Facilities in the CG, General Commercial Zoning District [LDRA-19-07-02 / 2019020125-83919] (Legislative) Attachments: Staff Report Excerpt from April 25, 2019 PZC Minutes Draft Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for June 18, 2019 Concerning Extension of Temporary Moratorium Regarding Biosolids (Legislative) Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for June 18, 2019 to Consider Amending Chapter 302 of the Indian River County Code Concerning Tethering (Legislative) Attachments: Staff Report 10.C.3. Public Notice of Public Hearing Scheduled for June 18, 2019 to Consider Creating Chapter 319 of the Indian River County Code Concerning Retail Sale of Dogs and Cats (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 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 June 11, 2019 Page 4 of 6 12.F.1. Award of RFQ No. 2019040 (IRC -0853), CEI Services for 43rd Avenue from 18th Street to 26th Street Attachments: Staff Report Agreement Exhibit A Exhibit B Exhibit C G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Acquisition of Right -Of -Way for Phase III of 66th Avenue Improvements from Glen C. Besancon - 6725 66th Avenue Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Sketch & Legal of R -O -W Exhibit "C" Aerial Photo of Gardiner Property 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc Commissioners Open Dialogue Commissioners Open Dialogue Attachments: Informational Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Property Lease Extension for Temporary Location of Fire Rescue Station #7 (1893 90th Avenue) Attachments: Staff Report Lease Extension Agreement Station 7 B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT June 11, 2019 Page 5 of 6 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. June 11, 2019 Page 6 of 6 PROCLAMATION DESIGNATING JUNE 17TH THROUGH JUNE 23RD, 2019 AS AMATEUR RADIO WEEK WHEREAS, Indian River County continues to be home to a highly trained and experienced group of Amateur Radio Operators; and, WHEREAS, the Vero Beach Amateur Radio Club, Inc. has been designated a SPECIAL SERVICE CLUB by the American Radio Relay League for the second time, always going above and beyond the service requests from the local community; and, WHEREAS, The Amateur Radio Emergency Service of Indian River County has been trained to provide effective emergency communications and support during times of national, state, and local emergencies; and, WHEREAS, Indian River County recognizes and appreciates the diligence of these "hams" who also serve as weather spotters in the Skywarn program of the National Weather Service; and, WHEREAS, these radio amateurs are always on alert for tornadoes, floods, tropical cyclones, or any other local emergency and use their communications skills to assist local and state government officials; and, WHEREAS, Indian River County radio amateurs generously donate their time and equipment to provide communications support to local service clubs, organizations, and charities; and, WHEREAS, members of The Vero Beach Amateur Radio Club, Inc. will continue to improve their communications skills by operating during the twenty-four hour emergency simulation known as 'Field Day' on June 22-23, 2019. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 17th through June 23rd, 2019, be designated as AMATEUR RADIO WEEK in Indian River County, and the Board calls this observance to the attention of all our citizens. Adopted this 11th day of June, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc 1 BCC AGENDA June 11, 2019 ITEM 7 Informational 7A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 3, 2019 SUBJECT: Appointment of Commissioner Joseph E. Flescher to District 19 Medical Examiner Search Committee FROM: Commissioner Bob Solari Commissioner Joseph E. Flescher will represent Indian River County on the search committee seeking to replace the current District 19 Medical Examiner, Dr. Roger E. Mittleman, due to his upcoming retirement. Thank you 2 76 PROCLAMATION CELEBRATING MICHELLE PERRAULT ON HER FORTY YEARS OF CONTINUOUS SERVICE WITH THE INDIAN RIVER COUNTY PROPERTY APPRAISER'S OFFICE WHEREAS, Michelle Perrault began her career with the Indian River County Property Appraiser's Office on June 1, 1979; and, WHEREAS, during that time, Michelle began as a Customer Service Representative and worked throughout various departments, including the GIS and Real Estate; and, WHEREAS, Michelle has been responsible for undertaking special projects and assignments for the benefit of the Property Appraiser's Office and Indian River County residents; and, WHEREAS, Michelle has served this County and Indian River County residents with distinction and selflessness. Her years of service has gained her the respect and admiration of her colleagues and co-workers. NOW, THEREFORE, BE IT PROCLAIMED that the Board of County Commissioners and staff applauds MICHELLE PERRAULT'S efforts and wishes to express their appreciation for the continued dedicated service she has given Indian River County for the past 40 years. Adopted this 11th day of June, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Tim Zorc Joseph E. Flescher 3 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Assistant County Administrator / Department of General Services 7e_ INFORMATIONAL BCC Meeting 06/11/2019 Date: To: Thru: From: June 3, 2019 Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Asst. Director Parks & Conservation Resources Subject: Application to the Florida Department of State, Division of Historical Resources for the Archie Smith Fish House (Special Category) and Jones' Pier Conservation Area (Small Matching) DESRIPTIONS AND CONDITIONS As part of the ongoing efforts to open conservation sites to the public, staff prepared and submitted two grant applications on May 31, 2019, to the State of Florida Division of Historical Resources for the Archie Smith Fish House and Jones' Pier Conservation Area. Both conservation areas are identified in the 5 -Year Capital Improvement Element of the Comprehensive Plan (CIE) (approved December 4, 2018). Funding, if awarded, would become available after July 1, 2020. ANALYSIS ARCHIE SMITH FISH HOUSE The Archie Smith Fish House was purchased in 2007 under the County's environmental lands program. The conservation area is approximately 1.15 acres and is located at 1740 North Indian River Drive in Sebastian. It is one of the last remaining fish houses significant to the Sebastian area's Working Waterfront. The Fish House and associated structures including the Ice House (the old Roseland Depot located there in 1931) were in operation until the 2004 hurricanes Francis and Jeanne. The structures on the site have not been accessible to the public due to the resulting hurricane damage and structural safety issues due to age. The buildings have been secured and maintained by County staff with the intention to fully restore and repair the site for public access and educational purposes. In 2012, county staff submitted an application the DHR for a small matching category grant to develop a detailed restoration plan and architectural/engineered design for the fish house and associated structures. The County received the grant and hired Atelier AEC, Inc. to complete the design and restoration plans. The plans were completed and the first phase of the project included rebuilding the dock with grant funds provided by the Florida Inland Navigation District. The dock has since been repaired and will be opened to the public for passive recreation purposes. In order to move forward with restoration of the buildings, staff prepared a DHR special category grant specifically for the restoration of the Ice House. Based on the engineer's estimate, stabilization and 1 4 restoration of the Ice House will cost $294,245 including architectural and structural engineering modifications to the existing plans, permits, and construction. Staff requested $147,121 with a $147,124 match. Notice of award, if funded, will be presented to the Board of County Commissioners for consideration and approval. The special category grant funds would become available July 1, 2020 with a 24 month completion deadline. FUNDING Grant Request Grant Element DHR Request Proposed County Cash Match Total Architectural Design $4,912 $4,913 $9,825 Structural Engineering $2,750 $2,750 $5,500 Local/State/Federal Permitting & Mobilization $14,232 $14,233 $28,465 Construction $118,027 $118,028 $236,055 Construction Administration $7,200 $7,200 $14,400 TOTAL: $147,121 $147,124 $294,245 Should the grant be awarded and approved by the Board of County Commissioners, the County match would be funded from the $200,000 identified in the approved Capital Improvement Element (December 4, 2018) from Optional Sales Tax (Archie Smith Fish House Restoration FY2020-21). JONES' PIER CONSERVATION AREA - RESIDENCE STABILIATION AND MUSEUM PLANNING As part of the overall site improvements for the Jones' Pier Conservation Area, staff submitted a Small Matching Category grant application to the DHR to provide design and engineering services for the Main Residence (aka Jones' home, 1921 cottage). The CIE identifies the funding source for the stabilization, elevation and renovation of the historic home in the amount of $265,000 which includes a Hazard Mitigation Grant Program (HMGP) that is currently pending for the elevation of the structure. This grant, if awarded and accepted by the BCC, will provide matching funds in the amount of $11,225 with a County match of $11,225. The grant outlines the structural analysis of the building, architectural fees, mechanical and electrical engineering, permitting and bid documents, design and engineering for ADA access and contaminant testing. Notice of award, if funded, will be presented to the Board of County Commissioners for consideration and approval. The small matching category grant funds would become available July 1, 2020 with a 12 month completion deadline. FUNDING Grant Request Grant Element DHR Request Proposed County Cash Match Total Structural Analysis of Buildings $1,700 $1,700 $3,400 Architectural Fees $4,375 $4,375 $8,750 Mechanical & Electrical Engineering $1,250 $1,250 $2,500 Permitting & Bid Docs $500 $500 $1,000 2 5 Design/Engineering for $2,000 $2,000 $4,000 ADA Access Asbestos/Lead/Contaminant $1,400 $1,400 $2,800 Testing TOTAL: $11,225 $11,225 $22,450 Should the grant be awarded and approved by the Board of County Commissioners, the County match would be funded from the $100,000 identified in the approved Capital Improvement Element (December 4, 2018) Jones' Pier Conservation Area House Restoration/Elevation FY 2020/21 (Sebastian Harbor Preserve FCT Grant Fund) . ATTACHMENTS: Grant Form — Archie Smith Fish House: Archie Smith Fish House Restoration Phase III— Division of Historical Resources Grant Form — Jones' Pier Conservation Area: Jones' Pier Residence Stabilization & Museum Planning — Division of Historical Resources APPROVED AGENDA ITEM FOR JUNE 11, 2019 6 3 GRANT NAME: Archie Smith Fish House Restoration PH.III GRANT# N/A AMOUNT OF GRANT: $147,121.00 DEPARTMENT RECEIVING GRANT: Parks and Conservation Resources CONTACT PERSON: Beth Powell TELEPHONE: x1873 1. How long is the grant for? 2 Years Starting Date: Not Awarded Yet x 2. Does the grant require you to fund this function after the grant is over? Yes No 3. Does the grant require a match? x - Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 50% 5. Grant match amount required R $ 147,124.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Improvements are alloocated in the CIE for Fiscal year 2021; Matching Funds xdA utilize Optional Sales Tax. 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes x No Yes x No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position inc uding benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 0 (part of a multi -phase effort) — - Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 06/05/2019 7 GRANT NAME: Jones' Pier residence Stabilization and Museum Planning GRANT # N/A AMOUNT OF GRANT: $1 1,225.00 DEPARTMENT RECEIVING GRANT: Parks and Conservation Resources CONTACT PERSON: Beth Powell TELEPHONE: X1873 1. How long is the grant for? 1 Year Starting Date: Not Awarded Yet X 2. Does the grant require you to fund this function after the grant is over? Yes No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 50% $11,225.00 5. Grant match amount required $ 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Improvements are alloocated in the CIE for Fiscal year 2021; Matching Funds will utilize Sebastian harbor Preserve FCT Funds 145 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) Yes 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement - Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? ' 0 (Grant will help fund Project Planning only) 111111111111.11 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 06/05/2019 8 rILtu1o/ ,zu1iy - -- .DOCUMENT NO. 04701-201c FPSC - COMMISSION CLERI o4 (p.11,19 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of 2019 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company. DOCKET NO. 20190081 -EI ORDER NO. PSC -2019 -0211 -PCO -EI ISSUED: June 3, 2019 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER SUSPENDING PROPOSED TARIFFS BY THE COMMISSION: Background On April 1, 2019, Florida Power & Light Company (FPL) filed a petition for approval of its 2019 revisions to its underground residential and commercial differential tariffs and associated charges. These tariffs represent the additional costs FPL incurs to provide underground service in place of overhead service in new residential subdivisions. In addition, FPL's tariff includes underground commercial differential charges that are applicable to commercial customers. This recommendation is to suspend the proposed tariff. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). Decision On April 1, 2019, FPL filed a petition for approval of its 2019 revisions to its underground residential and commercial differential tariffs and associated charges. Commission staff requested that the tariff be suspended to allow staff sufficient time to review the petition and gather all pertinent information in order to present this Commission with an informed recommendation on the tariff proposal. Pursuant to Section 366.06(3), F.S., we the may withhold consent to the operation of all or any portion of a new rate schedule, by delivering to the utility a reason or written statement of good cause for doing so within 60 days. We find that the reason stated above is good cause consistent with the requirement of Section 366.06(3), F.S. Based on the foregoing, it is 9 ORDER NO. PSC -2019 -0211 -PCO -EI DOCKET NO. 20190081 -EI PAGE.2 ORDERED by the Florida Public Service Commission that Florida Power & Light Company's proposed tariffs concerning its 2019 revisions to its underground residential differential tariffs and associated charges shall be suspended. It is further ORDERED that the docket shall remain open pending our vote on the proposed tariff revisions. By ORDER of the Florida Public Service Commission this 3rd day of June, 2019. A l M J. EITZ Commis on Cl Florida ' blic Service Commission 2540 Sh mard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. WLT Z ORDER NO. PSC -2019 -0211 -PCO -EI DOCKET NO. 20190081 -EI PAGE 3 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. 5-5 1rILCu`WO/LU1u DOCUMENT NO. 04708-201c FPSC - COMMISSION CLERI Iq.oqqo .11./q `1t BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019, by Florida Power & Light Company. DOCKET NO. 20190087 -EI ORDER NO. PSC -2019 -0218 -PAA -EI ISSUED: June 3, 2019 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING AFUDC RATE FOR FLORIDA POWER & LIGHT COMPANY BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). I. Background Florida Power & Light Company's (FPL or the Company) current Allowance for Funds Used During Construction (AFUDC) rate of 5.97 percent was approved on May 11, 2018, by Order No. PSC-2018-0247-PAA-EI.On April 2, 2019, FPL filed the required schedules and requested an increase of its AFUDC rate from 5.97 percent to 6.22 percent, effective January 1, 2019. We have jurisdiction over this matter pursuant to Chapter 366, Florida Statutes (F.S.), including Sections 366.04, 366.05, and 366.06, F.S. 'Order No. PSC -2018 -0247 -PAA -EI, issued May 11, 2018, in Docket No. 20180038 -EI, In re: Request for approval of change of allowance for funds during construction (AFUDC), by Florida Power and Light Company, consummated by Order No. PSC -2018 -0348 -CO -E1, issued July 16, 2018. ORDER NO. PSC -2019 -0218 -PAA -EI DOCKET NO. 20190087 -EI PAGE 2 II. Decision A. Approval of FPL's request to increase its AFUDC rate from 5.97 percent to 6.22 percent FPL requested an increase in its AFUDC rate from 5.97 percent to 6.22 percent. Rule 25- 6.0141(2), F.A.C., Allowance for Funds Used During Construction, states the following: (2) The applicable AFUDC rate shall be determined as follows: (a) The most recent 13 -month average embedded cost of capital, except as noted below, shall be derived using all sources of capital and adjusted using adjustments consistent with those used by the Commission in the utility's last rate case. (b) The cost rates for the components in the capital structure shall be the midpoint of the last allowed return on common equity, the most recent 13 -month average cost of short-term debt and customer deposits and a zero cost rate for deferred taxes and all investment tax credits. The cost of long-term debt and preferred stock shall be based on end of period cost. The annual percentage rate shall be calculated to two decimal places. In support of the requested AFUDC rate of 6.22 percent, FPL provided its calculations and capital structure in Schedules A and B attached to its request. We reviewed the schedules and find that the proposed rate was calculated in accordance with Rule 25-6.0141(2), F.A.C. The requested increase in the AFUDC rate is principally due to an increase in the weighted cost of long-term debt which increased by 17 basis points. The weighted cost of common equity also increased by 6 basis points due to an increase in the equity ratio. FPL used the midpoint return of equity of 10.55 percent, which we previously approved in Order No. PSC-16-0560-AS-EI.2 Upon review, we find FPL's requested increase in the AFUDC rate from 5.97 percent to 6.22 percent is appropriate and consistent with Rule 25-6.0141, F.A.C. Therefore, we approve FPL's requested AFUDC rate increase. B. Approval of the appropriate monthly compounding rate to achieve the requested 6.22 percent annual AFUDC rate FPL requested a monthly compounding rate of 0.504118 percent to achieve an annual AFUDC rate of 6.22 percent. In support of the requested monthly compounding rate of 0.504118 percent, FPL provided its calculations in Schedule C attached to its request. Rule 25-6.0141(3), F.A.C., provides a formula for discounting the annual AFUDC rate to reflect monthly compounding. The rule also requires that the monthly compounding rate be calculated to six decimal places. 2Order No. PSC -16 -0560 -AS -El, issued December 15, 2016, in Docket No. 160021 -El, In re: Petition for rate increase by Florida Power & Light Company. 6 -5 ORDER NO. PSC -2019 -0218 -PAA -EI DOCKET NO. 20190087 -EI PAGE 3 We reviewed the Company's calculations and find that they comply with the requirements of Rule 25-6.0141(3), F.A.C. Therefore, we approve a discounted monthly AFUDC rate of 0.504118 percent. C. Approval of FPL's requested effective date of January 1, 2019, for implementing the revised AFUDC rate FPL's proposed AFUDC rate was calculated using a 13 -month average capital structure for the period ended December 31, 2018. Rule 25-6.0141(5), F.A.C., states, in part, that: The new AFUDC rate shall be effective the month following the end of the 12 - month period used to establish that rate and may not be retroactively applied to a previous fiscal year unless authorized by the Commission. The Company's requested effective date of January 1, 2019, complies with the requirement that the effective date not precede the period used to calculate the rate; therefore, the requested effective date is approved.3 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the appropriate AFUDC rate for Florida Power & Light Company is 6.22 percent based on a 13 -month average capital structure for the period ended December 31, 2018. It is further ORDERED that the appropriate monthly compounding rate to maintain an annual rate of 6.22 percent is 0.504118 percent. It is further ORDERED that the revised AFUDC rate shall be effective as of January 1, 2019, for all purposes. It is further ORDERED that the provisions of this Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It is further 3Due to changes made to Section 366.93, F.S., during the 2013 Legislative Session, Rule 25-6.0423, F.A.C., was amended in January 2014 to provide that for the purposes of nuclear or integrated gasification combined cycle power plant cost recovery, carrying costs pursuant to the rule shall be calculated using the utility's most recently approved pretax AFUDC rate at the time an increment of cost recovery is sought. Prior to the amendment, the rule had provided that for power plant need petitions submitted on or before December 31, 2010, the associated carrying costs would be computed based on the pretax AFUDC rate in effect on June 12, 2007. Therefore, we find that a single AFUDC rate would be effective for all purposes, including for computing carrying costs for cost recovery sought pursuant to Section 366.93, F.S. ORDER NO. PSC -2019 -0218 -PAA -EI DOCKET NO. 20190087 -El PAGE 4 ORDERED that if no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of this order, this docket shall be closed upon the issuance of a consummating order. By ORDER of the Florida Public Service Commission this 3rd day of June, 2019. ADAM J. TE ZMA Commission , lerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. KMS ORDER NO. PSC -2019 -0218 -PAA -EI DOCKET NO. 20190087 -EI PAGE 5 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 1, 2018. In the absence of such a petition, this Order shall 'become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. FILED) 6/3/2U 19 DOCUMENT NO. 04713-201 FPSC - COMMISSION CLER Ign�iI (p.t(41 1F BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of optional supplemental power services pilot program and rider, by Florida Power & Light Company. DOCKET NO. 20190034 -EI ORDER NO. PSC -2019 -0220 -TRF -EI ISSUED: June 3, 2019 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING PETITION FOR OPTIONAL THREE-YEAR SUPPLEMENTAL POWER SERVICES PROGRAM AND TARIFFS BY THE COMMISSION: Background On January 31, 2019, Florida Power & Light Company (FPL or utility) filed a petition for approval of an optional three-year supplemental power services pilot program (OSPS pilot program) and associated tariff. The OSPS pilot program would offer customers on-site back-up generation that is installed, operated, maintained, and owned by FPL. Customers would be responsible for all costs associated with the back-up generation provided by FPL through a monthly fee. In addition, FPL requested that we establish depreciation rates applicable to its customer -sited generators. This Commission approved a similar program for Duke Energy Florida, LLC (DEF) in 2001.1 DEF's program was originally approved for a 5 -year period with subsequent extensions and tariff modifications approved in 2006, 2011, and 2016. On February 15, 2019, FPL provided a letter waiving the 60 -day file and suspend provision of Section 366.06(3), Florida Statutes (F.S.), until the May 14, 2019 Agenda Conference. On February 25 and March 21, 2019, FPL responded to Commission staff's data requests. The OSPS pilot program tariff sheets are contained in Attachments A, B, and C. Attachment A shows the OSPS tariff, Attachment B shows the residential OSPS agreement, and Attachment C shows the non-residential OSPS agreement. We have jurisdiction over this matter pursuant to Sections 366.04 and 366.06, F.S. 1 Order No. PSC -01 -1648 -TRF -E1, issued August 13, 2001, in Docket No. 010373 -El, In re: Petition for approval to provide optional Premier Power Service Rider. Rate Schedule PPS -1. for general service customers by Florida Power Corporation. g-9 ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 2 Decision FPL's petition for requesting our approval of the proposed OSPS pilot program includes provisions which protect the general body of ratepayers by making participating customers responsible for all costs associated with this optional program. The proposed tariffs would become effective 90 days after the date that we approve the program. The proposed OSPS tariff can be found in Attachments A, B, and C. Prior to the expiration of the three-year OSPS pilot program, FPL would petition this Commission regarding the future of the program. Customers currently have the option of contracting with licensed electrical contractors or general contractors not affiliated with FPL to install on-site back-up generation. FPL stated that the process of finding a back-up generation solution could require a customer to independently research solutions, solicit offers from installers, evaluate installers, and negotiate the terms of a contract. FPL explained that customers would have significant up -front and continuing costs associated with back-up generation including the monitoring, maintenance, and repair of the equipment. Based on inquiries made by customers and conversations with customers, FPL asserted that customers are increasingly seeking back-up power solutions. OSPS Pilot Program Overview FPL's proposed OSPS pilot program introduces the option of back-up power to customers that wish to avoid the associated ownership and maintenance responsibilities. Under the OSPS pilot program, FPL would be responsible for the monitoring, maintenance, and repair of the equipment located on a customer's premises. The customers are responsible for all costs associated with this service through a monthly fee. FPL has projected that approximately 300 customers will participate in the OSPS pilot program. FPL explained that the appropriate back-up power solution would be determined by the customer's needs and the feasibility of system implementation. The utility would conduct an evaluation of customer requirements and of potential solutions. The utility and the customer would thereafter execute a residential or non-residential OSPS agreement that includes all the terms and conditions of the OSPS service. In addition, a customer -specific "Statement of Work" would include a description of the equipment installed, the service to be performed by FPL, and the monthly charge for the service. The agreements are included as Attachments B and C. Under the terms of the OSPS agreements, customers commit to remain in the OSPS pilot program for the specified term or otherwise compensate FPL for the net unrecovered capital and maintenance costs of the installed assets. OSPS Equipment FPL explained that the type of back-up generators contemplated for use will depend on each customer's needs and is subject to change over time as technology advances. The OSPS pilot program is designed to accommodate any back-up and power conditioning technology currently available or available in the future. Currently, the types of generators contemplated for use include: • "Whole House" residential standby generators — primarily 120/240V single-phase, stationary generators fueled by either natural gas or liquid propane, ranging from approximately 10 kilowatts (kW) to 50 kW. ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 3 • Commercial standby generators — either single-phase or three-phase stationary generators, fueled by natural gas, liquid propane, or diesel, ranging in size from 20 kW to over 60 kW. These generators are used for small -to -medium commercial applications that do not have demanding load requirements. • Large commercial/industrial "Heavy Duty" standby generators — three-phase stationary generators typically fueled by diesel or natural gas, ranging in size from approximately 50 kW to over 2 megawatts. These generators are typically custom-built for the application and designed to meet demanding, critical load requirements. - The utility explained that, with customer approval, FPL may install additional equipment, such as interconnection, dispatch, control and/or monitoring equipment, which would enable FPL to dispatch the equipment to assist with system emergencies. The costs of such interconnection or dispatch equipment would not be included in the customer's monthly payment and are therefore borne by the utility. The customer will always have the primary right to the power and any potential dispatch of equipment to support grid operations will not encumber the equipment's ability to provide the service specified in the customer's OSPS agreement. Monthly Service Payment FPL explained that a customer's monthly payments will cover all costs associated with the back-up generation provided by FPL. The monthly fee is referred to as a monthly service payment in the proposed tariff. The tariff provides a formula that FPL would use to calculate the monthly fee. FPL provided work papers to show sample calculations, based on generator size, in response to Commission staff's first data request, No. 14. The monthly fee will apply in addition to all otherwise applicable charges. The monthly fee will reflect two types of costs intended to be recovered over the term of a customer's OSPS agreement: (1) capital costs of the installed generator and (2) on-going expenses. The two types of costs are discussed below. Capital Costs Each customer's capital costs will be identified in an engineering/evaluation phase. FPL states that the capital costs under the OSPS pilot program will include the cost of the selected equipment and the cost of installation. Installation costs may include engineering, surveys, construction plans, permits, site preparation, and miscellaneous materials. Carrying costs that reflect FPL's approved capital structure will be assessed on the total capital amount. On-going Expenses The projected on-going expenses recovered under the OSPS pilot program may include, but are not limited to: non -fuel operations and maintenance expenses, administrative and general expenses, depreciation expenses, and property taxes on the installed equipment. In addition, the expenses include a six percent factor to reflect a bad debt and loss reserve. FPL explained that the utility may provide fueling services to non-residential OSPS pilot program customers in limited cases. Fuel expenses will be added to the customer's monthly service payment and will be trued -up annually based upon actual and forecasted operating parameters and fuel costs. The utility stated that the fuel costs incurred under the OSPS pilot program will not be included in FPL's fuel cost recovery clause filings. ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 4 In addition to annual revisions to the fuel expense, FPL stated that the monthly service payment may be adjusted by agreement of both the customer and the utility during the term of service. Reasons for modifying the monthly fee may include, but are not limited to, changes in service required by the customer, requests by the customer for supplemental equipment or services, or changes or increases in the customer's facilities which will materially affect the operation of the utility's equipment. FPL proposed to include the capital costs of the OSPS pilot program in rate base and the revenues from the monthly fee will be included in base rate operating revenue (which acts as a credit when setting base rates). FPL asserts that the OSPS program is designed to have no impact on the general body of ratepayers over the life of the equipment and that the capital investment only occurs after a customer signs a long-term contract. Table 1 shows three examples of generators with potential parameters contemplated for use under the OSPS pilot program. Numbers provided below by FPL are for illustrative purposes and actual costs are contingent on specific project requirements. Table 1 Exam les of Monthly Service Payments Equipment Type Capital Costs On-going Contract Term Monthly Service Expenses Payment Residential, light- duty, whole -house generator $15,000 $1,000/year 10 years $303/month 100 kW commercial heavy-duty generator $90,000 $2,750/year 20 years $1,167/month 1,000 kW industrial heavy-duty generator $650,000 $9,250/year 20 years $7,302/month Source: FPL's response to staff s data request, No. 14. OSPS Pilot Program Period FPL requested that we approve the OSPS pilot program as a pilot program and an experimental rate for a period of three years. FPL requested that this three-year period commence 90 days after the date of our order approving the OSPS pilot program. The utility stated that the three-year period will allow FPL to gain insight into the benefits, costs, and optimal economic implementation of various customer -sited back-up power solutions and equipment configurations. During this time, FPL will determine whether the estimates and assumptions used in developing the OSPS pilot program were reasonably accurate and that if continuing the OSPS program on a permanent basis is warranted. If the utility decides against continuing the OSPS program after the pilot period expires, FPL proposed that customers taking service under the OSPS pilot program would be allowed to continue being served pursuant to and through the term of their OSPS agreement. ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 5 Upon review of the petition and materials subsequently provided by the utility, we approve FPL's proposed OSPS pilot program and rider. We find that the approved OSPS pilot program approved herein protects the general body of ratepayers by making participating customers responsible for all costs associated with this optional program. The approved tariffs shall become effective 90 days after the issuance of our order approving the program. The proposed OSPS tariff can be found in Attachments A, B, and C, attached hereto. Prior to the expiration of the three-year OSPS pilot program, FPL shall petition this Commission regarding the future of the program. Depreciation Parameters and Rates In accordance with Rule 25-6.0436(3)(b), Florida Administrative Code (F.A.C.), FPL also requested our approval of two new depreciation rates.2 The requested depreciation rates shall be applied to four newly -established plant subaccounts. The subaccounts shall be listed under Federal Energy Regulatory Commission (FERC) Account — 371 - Installations on customers' premises and Account — 372 - Leased property on customers' premises. Pursuant to Rule 25-6.0436(3)(a), F.A.C., electric utilities are required to maintain depreciation rates and accumulated depreciation reserves in accounts or subaccounts in accordance with the Uniform System of Accounts for Public Utilities and Licensees, as found in the Code of Federal Regulations, which is incorporated by reference in Rule 25-6.014(1), F.A.C.3 The four property subaccounts, which are based on Uniform System of Accounts prescribed for public utilities and licensees subject to the provisions of the Federal Power Act are: Account 371.6 - Light -Duty Generators; Account 371.7 - Heavy -Duty Generators; Account 372.6 - Light -Duty Generators; and Account 372.7 - Heavy -Duty Generators. For light-duty generators and associated ancillary equipment, the utility requests approval of a 10 -year average service life (ASL) and a zero percent net salvage level (NS). An annual depreciation rate of 10 percent is computed from these parameters.4 For heavy-duty generators and associated ancillary equipment, FPL requests approval of a 20 -year ASL and a zero percent NS level. An annual depreciation rate of 5 percent is computed from these parameters. FPL provided supporting information detailing typical life expectancies for customer - sited generators covering various levels of electric output.5 The information included life estimates from generator manufacturers, associated trade groups, and engineering -oriented academia. After a review of the provided materials, we find that the utility's life proposals are well founded and approve the proposed 10- and 20 -year ASL for light-duty and heavy-duty generators respectively. Further, this Commission will have future opportunities based on existing rules to evaluate FPL's depreciation data associated with useful lives and net salvage levels and to order modifications as appropriate.6 2 Rule 25-6.0436(3)(b), F.A.C., requires that: "[u]pon establishing a new account or subaccount classification, each utility shall request Commission approval of a depreciation rate for the new plant category." 3 Code of Federal Regulations, Title 18, Subchapter C, Part 101, for Major Utilities, as revised April 1, 2013. 4 Rule 25-6.0436(1)(e), F.A.C., and Rule 25-6.0436(1)(m), F.A.C., specify, the Commission's depreciation rate formulae and methodologies. 3 FPL's Responses to Staff's First Data Request, Document Request No. 1. 6 Rule 25-6.0436(4Xa), F.A.C., requires investor-owned electric companies to file a depreciation study for Commission review at least once every four years from submission of the previous study and/or pursuant to Commission order. ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -El PAGE 6 For the reasons discussed above, we approve a 10 percent annual depreciation rate for Light -Duty Generators and a 5 percent annual depreciation rate for Heavy -Duty Generators, applicable to subaccounts Account 371.6 - Light -Duty Generators; Account 371.7 - Heavy -Duty Generators; Account 372.6 - Light -Duty Generators; and Account 372.7 - Heavy -Duty Generators. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's optional three-year supplemental power services pilot program and associated tariffs in Attachments A, B, and C are approved. It is further ORDERED that the tariffs shall become effective 90 days after the date of our order approving the program. It is further ORDERED that prior to the expiration of the three-year OSPS pilot program, the utility shall petition this Commission regarding the future of the program. It is further ORDERED that we approve a 10 percent annual depreciation rate for Light -Duty Generators and a 5 percent annual depreciation rate for Heavy -Duty Generators. It is further ORDERED that if a protest is filed within 21 days of the issuance of the order, this tariff shall remain in effect with any increase held subject to refund pending resolution of the protest. If no timely protest is filed, this docket shall be closed upon issuance of a consummating order. By ORDER of the Florida Public Service Commission this 3rd day of June, 2019. ADAM AN Commission Cler Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. WLT ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -El PAGE 7 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 24, 2019. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 8 FLORIDA POWER & LIGHT COMPANY Attachment A Page 1 of 2 Original Sheet No. 8.845 SUPPLEMENTAL POWER SERVICES RIDER PILOT (OPTIONAL) RATE SCHEDULE: OSP-1 jWAILARLE In all territory served This optional rider ("Rider") is available on a voluntary basis to Customers who desire an alternative sotuce of power supply and/or power conditioning service ("Service') in the event Customers' normal electric supply is disrupted. This Rider shall expire three years from the effective date of this program, unless extended by approval of the FPSC. No new Optional Supplemental Power Services Agreennetts may be executed following the expiration of this Rider. Service under this Rider shill be provided under the terms specified in the Optional Supplemental Power Services Agreements that are outstanding at such time as the Rider expires. APPLICATION' Service is provided through the installation of egtapment by the Company al the Customer's premise, the purpose of which is to meet the Customer's requested scope of Service. In order to met the Service need identified by the Customer, the Companty will conduct an evaluation of Customer requirements and of potential solutions, including the potential need of a detailed professional engineering design Urough a feasibility study. The Company and the Customer may thereafter execute a Residential sir Non -Residential Optional Supplemental Power Services Agreement ("Agreement') which must include a description of the equipment to be installed, the Service to be performed, and the monthly charge for the Sen'ice. Upon receipt of the proposed Agreement from Company, the Customer shall have nn more than ninety (90) days to execute the Agreement. After 90 day's, the proposed Agreement shall be considered expired, unless extended in smiting by the Company. Set we would be at the Customer's request and is not considered by the Company to be usual and customary for (he type of installation to be served LIMITATION OF SERVICE: Installation of Service equipment shall be made only when, in the jndgrnent of the Company, the location and the type of the Service equipment are, and will continue to be econoanital, accessible and viable. The Company will own, operate and maintain lite Service equipment for the term of the Agreement. The Company may, at its option, provide and maintain equipment required by the Customer beyond the point of delivery for standard electric service. In the event that Company agrees to a Customer's request to connect generating equipment on the Company's side of the billing enter, energy provided by such equipment will be billed under the Customer's olhervvise applicable general service rote schedule. J%IONTHLY SERVICE PAYMENT; The Company will design, procure, install, own, operate and provide maintaironce to all equipment included in the detemtination of the Monthly Service Payment. The Monthly Service Payment under this Rider is in addition to the monthly billing determined under Use Customer's otherwise applicable rate schedule and any other applicable charges, and shall be calculated based on the following formula: Monthly Service Payment = Capital Cost + Expenses 'Where: Capital Cost shall be levelized over the tens of Service based upon the estimated installed cost ofequipnent times a carrying cast. The carrying cad is the cost of capital, reflecting current capital structure and most recent FPSC-approved return on common equity. Any replacement cost(s) expected to be incurred during the term of Service will also be inducted Any equipment installed by the Company that is ncd necessary to support Service to the customer shall not be included in the Monthly Service Payment Except for fuel expenses, projected expenses will be recovered on a levelized Iasis over the term of Service and may include, but not be Limited to: port -fuel operations and maintenance ocpenscs associated with the installed equipment, administrative and general expenses, depreciation expense, income taxes, and property taxes that will be record al as costs arc inew•red. (Continue on Sheet No. 8.846) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 9 FLORIDA POWER & LIGHT COMPANY Attachment A Page 2 of 2 Original Sheet No. 8.846 (Continued from Sheet No. 8.845) Fuel expenses, if applicable. will be recalculated amnmlly for the following I2 -month period hued on forecasted operating parameters and oxpeacd filet cogs, and will be in oddition to the Monthly Service Payment Fuel expense will be based upon on estimate of the cost of !bel conurmed for back-up operation and testing and also include.. but is not limited to, delivery costs, inventory costs, ndministmtivc expenses and taxes applicable to Company's acquisition, storage and delivery of the fuel. Actual fuel expenditures will be reconciled to projected fuel revenues annually and any differential will he incorporated into the following twelve (12) month fuel charge component JtEVISiONSTO MONTHLY SERVICE PAYMENT. In addition to ammo' revisions to fuel expense. when applicable, during the term of the Service, the Monthly Service Payment(s) may be culjusted. by ugroemem of both the Customer mrd Ute Company, to reUect the Customers request for modifications to the Service and equipment specified in the Options' Supplemental Power Services Agreement. Modifications include. but are not limited to, equipment modifications necessitated by changes in the character of Service required by the Customer; requests by the Omfatter for supplemental equipment or services, or changes or increases in the Custotuefs Guilidas which will materially affect the operation of the Company's equipment. TERM OF SERVICE: The taxa of Service will be specific to each Optional Supplemental Power Services Agreemutt RULES AN L) REGULATIONS: Stivice under this Rider is subject to orders of govemmentai bodes laving jurisdiction and to the currently effective "General Rules and Regulations for Electric Service' on file with the Florida Public Service Cormnission. In case of conflict between any provision of this Rider and said "General Rules and Regulations for Electric Service" the provision of this Rider shall apply. Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 10 FLORIDA POWER & LIGHT COMPANY Attachment B Page 1 of 9 Original Sheet No. 9.811 REST DEN CIAL OPTIONAI. SUPPLEMENTAL POWER SERVICES AGREEMENT THIS Residential Optional Supplemental Power Services Agreement ("Agreement") is made and entered into this day of ,._ _ . 20 _. by and between , having o primary residence located at ___.__.•_ (hereafter, the "Customer") and Florida ('ower & Light Company. a Florida corporation, having offices at 700 Universe Boulevard, Juno Beach, Florida 33408 (hereafter '•Company"Reach a "Party" and collectively the "Parties"). The Service (as defined in the paragraph below) provided under this Agreement is subject to the Rules and Orders of the Florid, Public Service Commission ("FPSC") and to Company's Electric Tariff. including, but not limited to the Optional Supplementnl Power Services Rider, Rate Schedule OSP-1, as approved or subsequently revised by the FPSC (hereafter the "Rider`) and the General Rules and Regulations for Electric Service as they are now written, or as they may be hereafter revised. amended or supplemented (collectively, hereafter refered to as the "Electric Tariff`). In case of conflict between any provision of this Agreement and the Electric Tariff, this Agreement shall control. Capitalized terms not defined herein shall have the meaning set forth in the Electric Tari IT. WHEREAS. the Customer hereby applies to Company for receipt of service, as more specifically described in a Statement of Work ("SOW"), for the purpose of providing an alternative source of power supply and/or power conditioning service in the event Customer's normal electric supply is disrupted (hereafter the "Service) at the Customer residential property located at (hereafter the "Residential Property"). NOW THEREFORE, in consideration of their mutual promises and undertakings, the Parties agree to the following terms and conditions in this Agrecnwnt: 1. Effective Inde. This Agreement shall become effective upon the acceptance hereof by Company (-Effective Date"), evidenced by the signature of Company's authorized representative appearing below, which, together with the Electric Tariff and the SOW. shall constitute the entire agreement between the Customer and Company with respect to provision of the Service. 2. Terns of Agreement. The tem, of this Agreement will commence on the Effective Date and will continue for years following the Residential Operation Date as defined in Section 4(a2below (the "fent"). 3. Scone of Services. Company will design, procure, install, own, operate. and provide maintenance to all alternative sources of power supply and'or power conditioning equipment ("Equipment") to furnish the Service as more specifically described in the SOW. Customer acknowledges and agrees that (i) the Equipment will be removable and will not be a fixture or otherwise part of the Residential Property, (ii) Company will own the Equipment, and (iii) Customer has no ownership interest in the Equipment For the avoidance of doubt, it is the Parties' intent that this Agreement (i) is for the Company's provision of Services to Customer using Company's Equipment, and (ii) is not for the license, rental or lease of the Equipment by Company to Custom cr. 4. Design and Installation. Company will design, procure, and install the Equipment pursuant to the requirements of the SOW. (a) Residential Oneration. Upon completion of the installation of the applicable Equipment in accordance with the requirements of the SOW. Company shall deliver to Customer a notice that the Equipment is ready for operation, with the date of such notice being the "Residential Operation Date". (h) Commencement of Monthly Service Payment Upon Residential Operation Date. Customer's obligation to pay the applicable Customer's monthly Service payment, plus applicable taxes due from Customer pursuant to Section 6 (Customer Payments), shall begin on the Residential Operation Date and shall be due and payable by Customer pursuant to the General Rules and Regulations for Electric Service. 5. Equipment Mainicnancc; Alterations. During the Term. Company shall provide maintenance to the applicable Equipment in accordance with generally accepted industry practices. Customer shall promptly notify Company when Customer has knowledge of any operational issues or damage related to the Equipment. Company shall inspect and repair Equipment that is not properly operating within the timelines agreed upon in the SOW. Company will invoice Customer for repairs that are the Customer's financial responsibility under (Continued on Sheet No. 9.812) Issued by: TiRnny Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -.2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 11 FLORIDA POWER & LIGHT COMPANY Attachment B Page 2 of 9 Original Sheet No. 9.812 (Continued from Sheet No. 9.811) Section 12(c). due and payable by Customer within thirty (30) days of the date of such invoice. The Customer shall not manually operate or test Equipment. move. modify remove, adjust. alter or change in any material way the Equipment. or any pan thereof, during the term of the Agreement, except in the event of an occurrence reasonably deemed by the Customer or Company to constitute a bona fide emergency. All replacements of. and alterations or additions to. the Equipment shall become part of the Equipment. In the event of a breach of this Section 5 by Customer. Company may, at its option and sole discretion, restore Equipment to its original condition at Customer's sole cost and expense. 6. Customer Payments. (a) (b) Fees. The Customer's monthly Service payment shall be in the amount set .forth in the SOW ("Monthly Service Payment"). Applicable taxes will also be included in or added to the Monthly Service Payment. In the event that Company agrees to a Customer's request to connect Equipment on the Company's side of the billing meter, energy provided by such Equipment will be billed under the Customer's otherwise applicable general service rate schedule. Late Payment. Charges for Services due and rendered which are unpaid as of the past due date arc subject to a Late Payment Charge of the greater of S5.00 or 1.5% applied to any past.due unpaid balance of all accounts. Further if the Customer fails to make any undisputed payment owcd the Company hereunder within five (5) business days of receiving written notice from the Company that such payment is past due, Company may cease to supply Service under this Agreement until the Customer has paid the hills due. It is understood, however. that discontinuance of Service pursuant to the preceeding sentence shall not constitute a breach of this Agreement by Company, nor shall it relieve the Customer of the obligation to comply with all payment obligation under this Agreement 7. Customer (:redit Renulrements In the reasonable discretion of Company to assure Customer payment of Monthly Sen•ice Payments. Company may request and Customer will be required to provide cash security. a surety bond or a bank letter of credit. in an amount as set forth in the SOW. prior to Company's procurement or installation of Equipment. Each Customer that provides a surety bond or a hank letter of credit must enter into the agreement(s) set forth in Sheet No. 9.440 of the Company's Electric Tariff for the surety bond and Sheet Nos. 9.430 and 9.435 of the Company's Electric Tariff for the bank letter of credit. Failure to provide the requested security in the manner set forth above within ninety (90) days of the datc of this Agreement shall be. a material breach of this Agreement unless such 90 -day period is extended in writing by Company. Upon the end of the Term and after Company has received final payment for all bills, including any applicable Temtination Fee pursuant to Section 13(a). for Service incurred under this Agreement, any cash security held by the Company under this Agreement will be refunded, and the obligors on any surety bond or letter of credit will be released from their obligations to the Company. 8. Riehl of Access. Customer hereby grants Company an access easement on the Residential Property sufficient to allow Company, in Company's sole discretion, to (i) laydown and stage the Equipment, tools, materials, other equipment and rigging and to park construction crew vehicles in connection with the installation or removal of the Equipment, (ii) inspect and provide maintenance to thc Equipment; or (iii) provide any other service contemplated or necessary to perform under this Agreement. Furthermore. if any event creates an imminent risk of damage or injury to the Equipment any person or person's property, Customer grants Company immediate unlimited access to the Residential Property to take such action as Company deems appropriate to prevent such damage or injury (collectively "Access'). 9. Comnunv Operation and Testing of Fauinment. The Company shall have the exclusive right to manually and'or remotely operate thc Equipment and, except as expressly provided in thc SOW. has the right to manually and or remotely operate the Equipment at all times it deems appropriate. including, but not limited to. for the purpose of testing the Equipment to verify that it will operate within required parameters. (Continue on Sheet No. 9.813) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 12 FLORIDA POWER & LIGHT COMPANY Attachment B Page 3 of 9 Original Sheet No. 9.813 (Continued from Sheet No. 9.812) 10. Customer Responsibilities. Except for an agreed upon Change (as defined in the SOW), the Customer shall not modify its electrical system at the Residential Property in a manner that exceeds the capacity of the Equipment. Company shall be entitled to rely on the accuracy and completeness of any information provided by the Customer related to the Residential Property. The Customer shall be obligated, at its sole expense, to keep the Residential Property free and clear of anything that may (i) impair the maintenance or removal of Equipment, (ii) impair the Company's operation of the Equipment pursuant to Section 9. or (iii) cause damage to the Equipment. 11. )'ermits and Reaulalory Reuuirements. Company shall be responsible for obtaining and for compliance with any license or permit rcquircd to be in Company's name to enable it to provide the Sen•ice. The Customer shall be responsible for obtaining and for compliance with any license, permits, and/or approvals from proper authorities required to be in Customer's name in order for the Customer to receive the Service. Each Party agrees to cooperate with the other Party and to assist the other Party in obtaining any required permit. 12. Title and Risk of boss. (a) j&. The Customer agrees that Equipment installed at the Residential Property is and will remain the sole property of Company unless and until such time as the Customer exercises any purchase option set forth in the Agreement and pays such applicable purchase price to Company. Company reserves the right to modify or upgrade Equipment as Company deems necessary. in its sole discretion, for the continued supply of the Service. Any modifications, upgrades. alterations. additions to the Equipment or replacement of the Equipment shall become part of the Equipment and shall be subject to the ownership provisions of this Section 12(4 The Parties agree that the Equipment is personal property of Company and not a fixture to the Residential Property and shall retain the legal status of personal property as defined under the applicable provisions of the Uniform Commercial Code. With respect to the Equipment, and to preserve the Company's title to, and rights in the Equipment, Company may file one or more precautionary UCC financing statements or fixture filings. as applicable. in such juridictions as Company deems appropriate. Furthermore. the Panics agree that Company hos the right to record notice of its ownership rights in the Equipment in the public records of the county of the Residential Property. (h) Lim. Customer shall keep the Equipment free from any liens by third parties. Customer shall provide timely notice of Company's title and ownership of the Equipment to all persons that may come to have an interest in or lien upon the Residential Property. (c) Risk of Loss to Equipment (Customer Responsibility). CUSTOMER SHALT. BEAR ALL RISK OF LOSS OR DAMAGE OF ANY KLW'D WITI I RESPECT TO ALL OR ANY PART OF THE EQUIPMENT LOCATED AT THE RESIDENTIAL. PROPERTY TO TIIE EXTENT SUCH LOSS OR DAMAGE 15 CAUSED BY TIIE ACTIONS, NEGLIGENCE, WILLFUL, MISCONDUCT OR GROSS NEGLIGENCE OF CUSTOMER, ITS CONTRACTORS, AGENTS, INVITEES AMD/OR GUESTS, AND IN TIIE EVENT THAT THE EQUIPMENT IS DAMAGED BY A FORCE MAJEURE EVE.!T OR BY THIRD PARTY CRIMINAL ACTS OR TORTIOUS CONDUCT, TIIE CUSTOMER SHALL BE LIABLE TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE UNDER THE CUSTOMER'S INSURANCE AS REQUIRED TO BE PROVIDED BY SECTION 18(b' OR UNDER ANY OTHER AVAILABLE INSURANCE OF CUSTOMER (COLLECTIVELY A "CUSTOMER CASUALTY") Any proceeds provided by such insurance for loss or damage to the Equipment shall be. promptly paid to Company. (Continue on Sheet No. 9.814) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 13 FLORIDA POWER & LIGHT COMPANY Attachment B Page 4 of 9 Original Sheet No. 9.814 (d) (Continued from Sheet No. 9.813) Risk of Loss to Equipment (Company Responsibility). in the event the Equipment is damaged and is not a Customer Casualty. the Company will repair or replace the Equipment at Company's cost, or, in the event that Equipment is so severely damaged that substantial replacement is necessary, the Company may in its sole discretion either (i) terminate this Agreement for its convenience upon written notice to Customer, provided that Company will have have the right to remove the Equipment at its cost within n reasonable period of time. and Customer will be obligated to pay any outstanding Monthly Service Payments and applicable taxes for Service provided to Customer up to and through the date the Equipment was damaged, or (ii) replace the Equipment and adjust the Monthly Service Payments to reflect the new in-place cost of the Equipment Tess the in-place cost of the replaced Equipment. For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment. at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. 13. Exnlration or Termination of Agreement. (a) Early Termination for Convenience by Customer. Subject to the obligation of Customer to pay Company the Termination Fee (as defined below). the Customer has the right to terminate this Agreement for its convenience upon written notice to Company at least one -hundred eighty (180) days prior to the effective date of termination. The "Termination Fee" will be an amount equal to (i) nny outstanding Monthly Service Payments and applicable taxes for Service provided to Customer prior to the effective date of termination, plus (ii) any unrecovered maintenance costs expended by Company prior to the effective date of termination, plus (iii) the unrecovered capital costs of the Equipment less any salvage value of Equipment removed by Company, plus (iv) any removal cost of any Equipment, minus (v) any payment security amounts recovered by the Company under Section 7 (Customer Credit Requirements). For the avoidance of doubt, Company has the right, but not the obligation, to Recess and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an cicction. Company will invoice Customer the Termination Fee. due and payable by Customer within thirty (30) days of the date of such invoice. Company's invoice may include an estimated salvage value of Equipment removed by Company. Company retains the right to invoice Customer trued upon actual salvage value within one -hundred eighty (180) days of the date of Company's removal of Equipment (b) Early Termination by Comnanv for Convenience or by Comnanv Due to Chance In Law. The Company has the right to terminate this Agreement for its convenience upon written notice to Customer at least one -hundred eighty (180) days prior to the effective date of termination, or, in whole or in pan, immediately upon written notice to Customer as a result of FPSC actions or change in applicable laws, rules, regulations, ordinances or applicable permits of any federal. state or local authority, or of any agency thereof, that have the effect of terminating. limiting or otherwise prohibiting Company's ability to provide the Service. Upon a termination for convenience by Company pursuant to this Section 13(h).. Customer must choose to either: (i) Ptuchase the Equipment upon payment of (A) a transfer price mutually agreeable to Company and Customer, plus (B) Company's cost to reconfigure the Equipment to accept standard electric sen•ice from the Company. plus (C) any outstanding Monthly Service Payments and applicable taxes for Sen'icc provided to Cuszomer prior to the effective date of termination. plus (D) any unrecovered maintenance costs expended by Company prior to the effective date of termination. minus (E) any cash security held by thc Company under this Agreement or (ii) Request that Company remove the Equipment, at Company's sole cost. within a reasonable time period, provided that, for thc avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. If Customer and Company cannot reach agreement as to the transfer price of the Equipment within ninety (90) days of Company's notice of termination for convenience, Customer shall be deemed to have elected the request for Company to remove the Equipment (Continue on Sheet No. 9.815) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: rn ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 14 FLORIDA POWER & LiGHT COMPANY Attachment B Page 5 of 9 Original Sheet No. 9.815 (Continued from Sheet No 9.81.1) (c) Earls. Termination of Agreement for Cruse. In addition to any other termination rights expressly set forth in this Agreement. Company and Customer. as applicable, may tcrininnte this Agreement for cause upon any of the following events of default (each an "Event of Default"): (i) Customer fails to timely pay the Monthly Service Payment and fails to cure such deficiency within five (5) business days of written notice from the Company; (ii) Company materially breaches its obligations under the Agreement and such failure is not cured within thirty (30) days after written notice thereof by Customer, (iii) Customer fails to perform or observe any other covenant, term or condition under the Agreement and such failure is not curixl within thirty (30) days atter written notice thereof by Company; (iv) Subject to Section 20, Customer sells, transfers or otherwise disposes of thc Residential Property; (v) Customer enters into any voluntary or involuntary bankruptcy or other insolvency or receivership proceeding, or makes as assignment for the benefit of creditors; (vi) any representation or warranty made by Customer or otherwise fumishcd to Company in connection with the Agreement shall prove at any time to have been untrue or misleading in any material respect; or (vii) Customer removes or allows a third party to remove, any porion of the Equipment from the Residential Propcny. i. Upon a termination for came by Company. the Company shall have the right to access and remove the Equipment and Customer shall be responsible for paying the Termination Fee as more fully described in Section 13(a). For the avoidance of doubt, Company has thc right, but not the obligation. to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. Additionally. the Customer shall be liable to Company for any attomey's fees or other costs incurred in collection of the Termination Fee. In thc event that Company and a purchaser of the Residential Propcny (who has not assumed the Agreement pursuant to Section 20) agree upon a purchase price of the Equipment, such purchase price shall Ix credited against the Termination Fee owed by Customer. ii. Upon a termination for cause by Customer. Customer must choose to either (i) pursue the purchase option pursuant to Section 13(e) or (ii) request that Company remove the Equipment, at Company's sole cost, within a reasonable time period. and pay no Termination Fee; provided that, for the avoidance of doubt. Company has the right. but not the obligation. to access and remove any and all Equipment at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. (d) Exniration of Agreement. At least ninety (90) days prior to thc end of the Tem, Customer shall provide Company with written notice of an election of one of the three following options: (i) to renew the Tenn of this Agreement, subject to modifications to be agreed to by Company and the Customer, for a period and price to be agreed upon between Company and the Customer, (ii) to purchase the Equipment by payment of the purchase option price set forth in,$cetion l3(e) plus applicable taxes, plus any outstanding Monthly Service Payments and applicable taxes, for Service provided to Cumomer prior to the expiration of the Term, or (iii) to request that Company remove the Equipment and for Customer to pay Company the Termination Fee. In the event that Customer fails to make a tinkly election. Customer shall be deemed to have elected the request for Company to remove the Equipment aitd for Customer to pay the Termination Fee. For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election If options (i) or (ii) is selected by Customer but the Parties have failed to reach agreement as to the terms of the npplicahle option by the expiration of the then currrent Term, the Agreement will auto -renew on a month-to-month basis until (A) the date on which the Parties reach agreement and finalize the option. or (13) the date Customer provides written notice to Company to change its election to option (iii) above. (Continue on Sheet No. 9.816) issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 15 FLORIDA POWER & LIGHT COMPANY Attachment B Page 6 of 9 Original Sheet No. 9.816 (c) (Continued from Sheet No. 9.815) Customer Purchase Ontion. Pursuant to a purchase option under Section 13(c4 Section 13(d), or Section 2Cl. the Customer may elect to purchase and take title to the Equipment upon payment of (i) the greater of (A) Company's unrecovered capital cost of the Equipment. or (B) the mutually agreed upon fair market value of the Equipment. plus (ii) Company's cost to reconfigure the Equipment to accept standard electric sen•icc from the Company. plus (iii) any outstanding Monthly Service Payments and applicable taxes for Service provided to Customer prior to the effective date of temt ination. plus (iv) any unrecovered maintenance costs expended by Company prior to the effective date of termination. minus (v) any cash security held by the Company under this Agreement. Company will invoice Customer the purchase option price within thirty (30) days of Customer's election of the purchase option, due and payable by Customer within thirty (30) days of the date of such invoice. If Customer and Company cannot reach agreement ns to the fair market value of the Equipment within thirty (30) days of Customer's election of the purchase option, then such purchase option will expire and Customer must proceed subject to and pay the 'termination Fee pursuant to Section I3(a) 14. Warranty and Representations. (a) Comnant s Disclaimer of Express and'or implied Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NOT MADE. DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KLND OR CIMRACTER WHATSOEVER. WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THE COMPANY'S OBLIGATIONS, SERVICES AND/OR THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT '171F.RE IS NO WARRANTY IMPLIED IW LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF CUSTOM OR USAGE CUSTOMER FURTHER ACKNOWLEDGES IN NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE RESIDENTIAL PROPERTY WILL BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE LNTERRUPTION OF ELECTRIC SERVICES. (b) Customer Representations and Warranties. The Customer represents and warrants that (i) the Residential Property at which Company's Equipment is to be located is suitable for the location of such Equipment; (ii) the placing of such Equipment at such Residential Property will comply with all laws. rules. regulations. ordinances. zoning requirements or any other federal. state and local governmental requirements applicable to Customer, (iii) all infomtation provided by the Customer related to the Residential Property is accurate and complete; and (iv) Customer holds sole and exclusive title to the Residential Property or has the sole and exclusive right of possession of the Residential Property for the Tenn. I5. LIMITATIONS OF LIABILITY. (a) IT IS UNDERSTOOD AND ACKNOWLF7)CED BY CUSTOMER THAT COMPANY IS NOT AN INSURER OF LOSSES OR DAMAGES THAT MIGHT ARISE OR RESULT FROM THE EQUIPMENT NOT OPERATING AS EXPECTED. BY SIGNING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES ANI) AGREES THAT COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR COMPLETE OR PARTIAL INTERRUPTION OF SERVICE, OR FLUCTUATION IN VOLTAGE, RESULTING FROM CAUSES BEYOND ITS CONTROL OR THROUGH THE ORDINARY NEGLIGENCE OF ITS EMPLOYEFS, SERVANTS OR AGENTS. (Continue on Sheet No. 9.817) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 16 FLORIDA POWER & LIGHT COMPANY Attachment B Page 7 of 9 Original Sheet No. 9.817 (Continued from Sheet No. 9.816) (b) SUBJECT TO SECTION 15(4 NEITHER. COMPANY NOR CUSTOMER SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, EX BIPLARY, INDIRECT OR INCIDENTAL LOSSES OR PUNITIVE DAMAGES UNDER THE AGREEMENT, INCLUDING LOSS OF USE, COST OF CAPITAL, LOSS OF GOODWILL, LOST REVENUIN OR LOSS OF PROFIT, AND COMPANY AND CUSTOMER EACH HEREBY RELEASES THE OTIIER FROM ANY SUCH LIABILITY. (c) THE LIMITATIONS OF LIABILITY UNDER SECTION 1.5131ANI) SECTION 15(b1 ABOVE SIL\I.l. NOT BE CONSTRUED TO LIMIT ANY INDEMNITY OR DEFENSE OBLIGATION OF CUSTOMER UNDER SECTION 18(c). Customer's initials below indicate that Customer h:u read. understood and voluntarily accepted the terms and provisions set forth in Section IS. Agreed and accepted by Customer: (Initials) 16. Force Mlaicure Force Majeure is defined as an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected Party or its contractors or suppliers. Such events or circumstances may include. but are not limited to, actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of God, war. riot or insurrection, blockades, embargoes. sabotage, epidemics, explosions and fires not originating in the Residential Property or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes or difficulties (not caused by the failure of the affected Party to comply with the terms of a collective bargaining agreement). If a Party is prevented or delayed in the performance of any such obligation by a Force Majeure event, such Party shall provide notice to the other Party oldie circumstances preventing or delaying performance and the expected duration thereof. The Party so affected by a Force Majeure event shall endeavor, to the extent reasonable. to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. Provided that thc requirements of this Section L are satisfied by the affected Party. to the extent that performance of any obligation(s) is prevented or delayed by a Force Majeure event, the obligation(s) of the affected Party that is obstructed or delayed shall be extended by the time period equal to the duration of the Force Majeure event. Notwithstanding the foregoing, the occurrence of a Force Majeure event shall not relieve Customer of payment obligations under this Agreement. 17. Confidentiality. "Confidential Information" shall mean all nonpublic information. regardless of the form in which it is communicated or maintained (whether oral, written, electronic or visual) and whether prepared by Company or otherwise, which is disclosed to Customer. Confidential Information shall not be used for any purpose other than for pur)x3ses of this Agreement and shall not be disclosed without the prior writtcn consent of Company. 18. 'noontime and Indemnity. (a) insurance to Be Maintained by the Company. At any time that the Company is performing Services under this Agreement at the Customer Residential Property, the Company shall. maintain, at is sole cost and expense, liability insurance as required by law, including workers compensation insurance mandated by thc applicable laws of the State of Florida. Company may meet the above required insurance coverage with any combination of primary, excess, or self-insurance. (b) Insurance to Be Maintained by the Customer. During and throughout the Term of this Agreement and until all amounts payable to the Company pursuant 10 this Agreement are paid in full. the Customer shall maintain a homeowner's property insurance policy with minimum Timis equal to the value of the Residential Property and homeowner's liability insurance policy with minimum limits of Three Hundred Thousand (S300,000.(X)) Dollars. (Continue on Sheet No. 9 8IS) Issued by: Tiffany Cohen, Director, Rates and Tariff's Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 17 FLORIDA POWER & LiGHT COMPANY Attachment B Page 8 of 9 Original Sheet No. 9.818 (Continued from Sheet No. 9.817) (c) Indemnity. The Customer shall indemnify, hold harmless and defend Company from and against any and all liability, proceedings, suits, cost or expense for lass, damage or injury to persons or property ("Losses") to the extent arising out of, connected with, relating to or in any manner directly or indirectly connected with this Agreement; provided, that nothing herein shall require Customer to indemnify Comp:uty for Losses caused by Company's own negligence, gross negligence or willful misconduct. The provisions of this paragraph shall survive termination or expiration of this Agreement 19. Non -Waiver. The failure of either Party to insist upon the performance of any tern or condition of this Agreement or to exercise any right hereunder on one or more occasions shall not constitute a waiver or relinquishment of its right to demand future performance of such term or condition, or to exercise such right in the future. 20. s.slannaent. Neither this Agreement, nor the Service, nor any duty, interest or rights hereunder shall be subcontracted. assigned, transferred, delegated or otherwise disposed of by Customer without Company's prior written approval. Customer will provide written notice to Company of a prospective sale of the real property upon which the Equipment is installed. at least thirty (30) days prior to the sale of such property. in the event of the sale of the real property upon which the Equipment is installed, subject to the obligations of this Agreement including Section 7 (Customer Credit Requirements), the Customer has the option to purchase the Equipment pursuant to Section 13(e) or this Agrexment may be assigned by the Customer to the purchaser if such obligations have been assumed by the purchaser and agreed to by the Customer and the Company in writing. This Agreement shall inure to the benefit of. and be binding upon the successors and assigns of the Customer and Company. This Agreement is fret of any restrictions that would prevent the Customer from freely transferring the Residential Property. Company will not prohibit the sale, conveyance or refinancing of the Residential Property. Company may choose to file in the real estate records one or more precautionary UCC financing statements or fixture filings (collectively "Fixture Filing") that preserves their rights in the Equipment. The Fixture Filing is intended only to give notice of its rights relating to the Equipment and is not a lien or encumbrance against the Residential Property. Company shall explain the Fixture Filing to any subsequent purchasers of the Residential Property and any related lenders as requested. Company shall also accommodate reasonable requests from lenders or title companies to facilitate a purchase, financing or rcfinancmg of the Residential Property. 21. Dispute Resolution, Governlne Law. Venue and Waiver of Jur. Trial. This Agreement shall be governed by. construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions Each Party agrees not to commence or file any fomaal proceedings against the other Party related to any dispute under this Agreement for at least font'' -five (45) days idler notifying the other Party in writing of the dispute. A court of competent jurisdiction in the Circuit Court for Palm Beach County, Florida or the United States District Coun for the Southern District of Florida only, as may be applicable under controlling law. shall decide any unresolved claim or other matter in question between the Paries to this Agreement arising out of or related in nny wny to this Agreement, with such court having sole and exclusive jurisdiction over any such matters. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RiGHTS THAT MIGHT EXIST TO HAVE A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED UPON. RELATING TO, ARISING OUT OF, UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. OR ANY COURSE OF CONDUCT, COURSE OF DEALING. STATEMENTS (WHETHER ORAL. OR WRITTEN), OR ACTIONS OF EITHER PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. 22. Modification. No statements or agreements, oral or written. made prior to the date hereof. shall vary or modify the written terms set forth herein and neither Party shall claim any amendment, modification or release from any provision hereof by reason of a course of action or mutual agreement unless such agreement is in writing. signed by both Parties and specifically states it is an amendment to this Agreement. (Continue on Sheet No. 9.819) issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: t-25 ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 18 FLORIDA POWER & LIGHT COMPANY Attachment B Page 9 of 9 Original Sheet No. 9.819 (Continued from Sheet No. 9.818) 23. Severuhility. If any provision of this Agreement or the application thereof to any person or circumstance shall. to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be nffcctcd thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24. Survival. The obligations of the Parties hereunder which by their nature survive the termination or expiration of the Agreement and/or the completion of the Service hereunder, shall survive and inure to the benefit of the Parties. Those provisions of this Agreement which provide for the limitation of or protection against liability shall apply to the full extent permitted by law and shall survive termination or expiration of this Agreement and/or completion of the Service. 25. Notices. All notices, demands. offers or other written communications required or permitted to be given pursuant to this Agreement shall be in writing signed by the Patty giving such notice and. shall be either hand - delivered. scnt via certified mail, return receipt requested and postage prepaid. or sent via ovemight courier to such Party's address as set forth in thc first paragraph of this Agreement and with respect to Company, sent to the attention of . Each Party shall have the right to change the place to which notices shall be sent or delivered or to specify additional addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in like manner to the other Party. 26. Further Assurances. Company and Customer each agree to do such other and further acts and things, and to execute and deliver such additional instruments and documents. as either Patty may reasonably request from time to time whether at or atter the execution of this Agreement, in furtherance of the express provisions of this Agreement. 27. Entire Agreement. The Agreement constitutes the entire understanding between Company and the Customer relating to the subject matter hereof. superseding any prior or contemporaneous agreements. representations, warranties. promises or understandings between the Panics. whether oral. written or implied. regarding the subject matter hereof IN WITNESS 1VHEREOF. the Parties hereby caused this Agreement to be executed by their duly authorized representatives, effective as of the Effective Date. Customer Florida Power & Light Company 13y: — — — By: — - - — -- – – (Sigtature) (Signature of Authorized Representative) (Print or Type Name) (Print or Type Name) Date: Custoiner 13y: Date: (Signature) (Print or Type Name) Title: Date: Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: S -240 ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 19 FLORIDA POWER & LIGHT COMPANY Attachment C Page 1 of 11 Original Sheet No. 9.820 NON-RESIDENTIAL OPTIONAL SUPPLEMENTAL POWER SERVICES AGREEMENT THIS Non -Residential Optional Supplemental Power Services Agreement ("Agreement") is made and entered into this day of , 20 by and between , a , having its principal office at (hereafter, the "Customer") and Florida Power & Light Company, a Florida corporation, having offices at 700 Universe Boulevard, Juno Beach, Florida 33408 (hereafter "Company") (each a "Party' and collectively the "Parties"). The Service (as defined in the paragraph below) provided under this Agreement is subject to the Rules and Orders of the Florida Public Service Commission ("FPSC") and to Company's Electric Tariff, including, but not limited to, the Optional Supplemental Power Services Rider, Rate Schedule OSP-I, as approved or subsequently revised by the FPSC (hereafter the "Rider") and the General Rules and Regulations for Electric Service as they are now written, or as they may be hereafter revised, amended or supplemented (collextively, hereafter refered to as the "Electric Tariff"). In case of conflict between any provision of this Agreement and the Electric Tariff; this Agreement shall control. Capitalized terms not defined herein shall have the meaning set forth in the Electric Tariff. WHEREAS, the Customer hereby applies to Company for receipt of service, as more specifically described in a Statement of Work ("SOW") for the purpose of providing an alternative source of power supply and/or power conditioning service in the event Customer's normal electric supply is disrupted (hereafter the "Service"), at the Customer facility located at (hereafter the "Facility"). NOW THEREFORE, in consideration of their mutual promises and undertakings, the Parties agree to the following terms and conditions in this Agreement: 1. Effective Date. This Agreement shall become effective upon the acceptance hereof by Company ("Effective Date"), evidenced by the signature of Company's authorized representative appearing below, which, together with the Electric Tariff and the SOW, shall constitute the entire agreement between the Customer and Company with respect to provision of the Service. 2. Term of Agreement. The tenn of this Agreement will commence on the Effective Date and will continue for _— years following the Commercial Operation Date as defined in Section 4(a) below (the "Term"). 3. Scope of Services. Company will design, procure, install, own, operate and provide maintenance to all alternative sources of power supply and/or power conditioning equipment ("Equipment") to fumish the Service us more specifically described in the SOW. Customer acknowledges and agrees that (i) the Equipment will be removable and will not be a fixture or otherwise part of the Facility. (ii) Company will own the Equipment, and (iii) Customer has no ownership interest in the Equipment. For the avoidance of doubt, it is the Panics' intent that this Agreement (i) is for the Company's provision of Services to Customer using Company's Equipment and (ii) is not for the license, rental or lease of the Equipment by Company to Customer. 4. Design and Installation. Company will design, procure, and install the Equipment pursuant to the requirements of the SOW. (a) Commercial Operation. Upon completion of the installation of the applicable Equipment in accordance with the requirements of the SOW, Company shall deliver to Customer a notice that the Equipment is ready for commercial operation. with the date of such notice being the "Commercial Operation Date". Commencement of Monthly Service Payment Upon Commercial Operation Date. Customer's obligation to pay the applicable Customer's monthly Service payment, plus applicable fuel charges and taxes due front Customer pursuant to Section 6 (Customer Payments), shall begin on the Commercial Operation Date and shall be due and payable by Customer pursuant to the General Rules and Regulations for Electric Service. 5. Equipment Maintenance: Alterations. During the Tenn, Company shall provide maintenance to the applicable Equipment in accordance with generally accepted industry practices. Customer shall promptly notify Company when Customer has knowledge of any operational issues or damage related to the Equipment. Company shall inspect and repair Equipment that is not properly operating within the timelines agreed upon in the SOW. Company will invoice Customer for repairs that are the Customer's financial responsibility under (Continue on Sheet No. 9.821) (h) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 20 FLORIDA POWER & LIGHT COMPANY Attachment C Page 2 of 11 Original Sheet No. 9.821 (Continued from Sheet No. 9.820) Section 1 2(c), due and payable by Customer within thirty (30) days of the date of such invoice. The Customer shall not manually operate or test Equipment, move, modify, remove, adjust, alter or change in any material way the Equipment, or any part thereof, during the term of the Agreement, except in the event of an occurrence reasonably deemed by the Customer or Company to constitute a bona fide emergency. All replacements of. and alterations or additions to. the Equipment shall become part of the Equipment. In the event of a breach of this Section 5 by Customer, Company may, at its option and sole discretion, restore Equipment to its original condition at Customer's sole cost and expense. 6. Customer Pnvments. (a) Fees. The Customer's monthly Service payment shall be in the amount set forth in the SOW ("Monthly Service Payment"). Any monthly fuel charges specified in the SOW will be in addition to the Monthly Service Payment. Monthly fuel charges, if applicable, will be recalculated annually by Company in accordance with the Rider, and such recalculated monthly fuel charges shall be effective upon written notice to Customer. Applicable taxes will also be included in or added to the Monthly Service Payment and any fuel charges. In the event that Company agrees to a Customer's request to connect Equipment on the Company's side of the billing meter, energy provided by such Equipment will be billed under the Customer's otherwise applicable general service rate schedule. (b) late Payment. Charges for Services due and rendered which are unpaid as of the past due date are subject to a Late Payment Charge of the greater of $5.00 or l.5% applied to any past due unpaid balance of alt accounts, except the accounts of federal, state. and local governmental entities. agencies, and instrumentalities. A Late Payment Charge shall be applied to the accounts of federal, state, and local governmental entities, agencies, and instrumentalities at a rate no greater than allowed, and in a manner permitted, by applicable law. Further if the Customer fails to make any undisputed payment owed the Company hereunder within five (5) business days of receiving written notice from the Company that such payment is past due, Company may cease to supply Service under this Agreement until the Customer has paid the bills due. It is understood however, that discontinuance of Service pursuant to the precceding sentence shall not constitute a breach of this Agreement by Company, nor shall it relieve the Customer of the obligation to comply with all payment obligations under this Agreement. 7. Customer Credit Requirements. At the discretion of the Company and subject to the confidentiality obligations set forth in this Agreement, Company may request and Customer shall provide Company with the most recent financial statements of each of the Customer and/or its parent company and with such other documents, instruments, agreements and other writings to determine the creditworthiness of Customer. The Company may also use debt ratings provided by the major credit rating agencies or consult other credit rating services to determine Customer creditworthiness. In the reasonable discretion of Company to assure Customer payment of Monthly Service Payments, Company may request and Customer will be required to provide cash security. a surety bond or a bank letter of credit, in an amount as set forth in the SOW, prior to Company's procurement or installation of Equipment. Each Customer that provides a surety bond or a bank letter of credit must enter into the agreement(s) set forth in Sheet No. 9.440 of the Company's Electric Tariff for the surety bond and Sheet Nos. 9.430 and 9.435 of the Company's Electric Tariff for the bank letter of credit. Failure to provide the requested security in the manner set forth above within ninety (90) days of the date of this Agreement shall be a material breach of this Agreement unless such 90 -day period is extended in writing by Company. Upon the end of the Term and after Company has received final payment for all bills, including any applicable Termination Fee pursuant to Section l3(a). for Service incurred under this Agreement, any cash security held by the Company under this Agreement will be refunded, and the obligors on any surety bond or letter of credit will be released from their obligations to the Company. (Continue on Sheet No. 9.822) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 21 FLORIDA POWER & LIGHT COMPANY Attachment C Page 3 of 11 Original Sheet No. 9.822 (Continued from Sheet No. 9.821) 8. Grant of Easement to Comnanv. Customer hereby grants Company an access easement to the Facility sufficient to allow Company, in Company's sole discretion, to (i) laydown and stage the Equipment, tools, materials, other equipment and rigging and to park construction crew vehicles in connection with the installation or removal of the Equipment, (ii) inspect and provide maintenance to the Equipment; or (iii) provide any other senice contemplated or necessary to perfomu under this Agreement. Furthermore, if any event creates an imminent risk of damage or injury to the Equipment, any person or person's property, Customer grants Company immediate unlimited access to the Facility to take such action as Company deems appropriate to prevent such damage or injury (collectively "Access"). Upon execution of this Agreement and the Parties agreement to the Equipment location, Company shall obtain a legal description of the necessary Access locations and provide Customer with an applicable casement form for Customers approval and signature. The Customer must also obtain and provide mortgage subordinations, as necessary to protect the Company's right of Access. Upon receiving the signed easement form and any associated mortgage subordinations, the Company shall record Company's easement rights in the public records of the County where the Facility is located. All such costs related thereto shall be the included as part of calculating the Customer's Monthly Service Payment. Failure to provide the above requested documents in the manner set forth above within ninety (90) days of the date of this Agreement shall be a material breach of this Agreement unless such 90 -day period is extended in writing by Company. tuustomer agrees that it will not interfere with Company's right of access to the Facility as reasonably necessary for (i) Company's laydown and installation of the Equipment, (ii) Company's maintenance and/or removal of Equipment. and (iii) Company's perfomtance of the Service. 9. Company Opervtion and Testing or Equipment. The Company shall have the exclusive right to manually and/or remotely operate the Equipment, and, except as expressly provided in the SOW, has the right to manually and/or remotely operate the Equipment at all times it deems appropriate, including, but not limited to, for the purpose of testing the Equipment to verify that it will operate within required parameters. 10. Customer Responsibilities. Except for an agreed upon Change (as defined in the SOW), the Customer shall not modify its electrical system at the Facility in a manner that exceeds the capacity of the Equipment Company shall be entitled to rely on the accuracy and completeness of any information provided by the Customer related to the Facility. The Customer shall be obligated, at its sole expense, to keep the Facility tree and clear of anything that may () impair the maintenance or removal of Equipment, (ii) impair the Company's operation of the Equipment pursuant to Section 9 or (iii) cause damage to the Equipment. 11. Permits and Regulatory Requirements. Company shall be responsible for obtaining and for compliance with any license or pennit required to be in Company's name to enable it to provide the Service. The Customer shall be responsible for obtaining and for compliance with any license, permits, and/or approvals from proper authorities required to be in Customer's name in order for the Customer to receive the Service. Each Party agrees to cooperate with the other Party and to assist the other Party in obtaining any required permits. 12. Title and Risk of Loss. (a) Title. The Customer agrees that Equipment installed at the Facility is and will remain the sole property of Company unless and until such time as the Customer exercises any purchase option set forth in the Agreement and pays such applicable purchase price to Company. Company reserves the right to modify or upgrade Equipment as Company deems necessary, in its sole discretion, for the continued supply of the Service. Any modification, upgrades, alterations, additions to the Equipment or replacement of the Equipment shall become part of the Equipment and shall be subject to the ownership provisions of this Section 12(4 The Parties agree that the Equipment is personal property of Company and not a fixture to the Facility and shall retain the legal status of personal property as defined under the applicable provisions of the Uniform Commercial Code. With respect to the Equipment, and to preserve the Company's title to, and rights in the Equipment, Company may file one or more precautionary UCC financing statements or fixture filings, as applicable, in such jurisdictions, as Company deems appropriate. Furthermore. the Parties agree that Company has the (Continue on Sheet No. 9.823) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 22 FLORIDA POWER & LIGHT COMPANY Attachment C Page 4 of 11 Original Sheet No. 9.823 (Continued from Sheet No. 9.822) right to record notice of its ownership rights in the Equipment in the public records of the county of the Facility. (b) Liens. Customer shall keep the Equipment free from any liens by third parties. Customer shall provide timely notice of Company's title and ownership of the Equipment to all persons that may come to have an interest in or lien upon the Facility. (c) Risk of I,oss to Equipment (Customer Responsibility), CUSTOMER SHALL BEAR ALL RISK OF LOSS OR DAMAGE OF ANY KIND WITH RESPECT TO ALL OR ANY PART OF THE EQUIPMENT LOCATED AT THE FACILITY TO TIE EXTENT SUCH LOSS OR DAMAGE IS CAUSED BY THE ACTIONS, NEGLIGENCE, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF CUSTOMER, ITS EMPLOYEES, CONTRACTORS, AGENTS, INVITEES AND/OR GUESTS, AND IN 11 -IE EVENT THAT THE EQUIPMENT IS DAMAGED BY A FORCE MAJEURE EVENT OR BY THIRD PARTY CRIMINAL ACTS OR TORTIOUS CONDUCT, THE CUSTOMER SHALL BE LIABLE TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE UNDER THE CUSTOMER'S INSURANCE AS REQUIRED TO BE PROVIDED BY SECTION 18(b) OR UNDER ANY OTTER AVAILABLE INSURANCE OF CUSTOMER (COLLECTIVELY, A "CUSTOMER CASUALTY"). Any proceeds provided by such insurance for loss or damage to the Equipment shall be promptly paid to Company. Risk of Loss to Equipment (Company Responsibility). In the event the Equipment is damaged and is not a Customer Casualty, the Company will repair or replace the Equipment at Company's cost, or, in the event that Equipment is so severely damaged that substantial replacement is necessary., the Company may in its sole discretion either (i) term inate this Agreement for its convenience upon written notice to Customer, provided that Company will have have the right to remove the Equipment at its cost within a reasonable period of time, and Customer will be obligated to pay any outstanding Monthly Service Payments, fuel charges and applicable taxes for Service provided to Customer up to and through the date the Equipment was damaged, or (ii) replace the Equipment and adjust the Monthly Service Payments to reflect the new in-place cost of the Equipment less the in-place cost of the replaced Equipment. For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. (d) 13. Expiration or Termination of Agreement. (a) Early Termination for Convenience by Customer. Subject to the obligation of Customer to pay Company the Termination Fee (as defined below), the Customer has the right to terminate this Agreement for its convenience upon written notice to Company at least one -hundred eighty (180) days prior to the effective date of termination. The "Termination Fee" will be an amount equal to (i) any outstanding Monthly Service Payments, fuel charges and applicable taxes for Service provided to Customer prior to the effective date of termination, plus (ii) any unrecovered fuel and maintenance costs expended by Company prior to the effective date of termination, plus (iii) the unrecovered capital costs of the Equipment less any salvage value of Equipment removed by Company, plus (iv) any removal cost of any Equipment, minus (v) any payment security amounts recovered by the Company under Section 7 (Customer Credit Requirements). For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment. at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. Company will invoice Customer the Termination Fee, due and payable by Customer within thirty (30) days of the date of such invoice. Company's invoice may include an estimated salvage value of Equipment removed by Company. Company retains the right to invoice Customer based upon actual salvage value within one -hundred eighty (1 80) days of the date of the Company's removal of Equipment. (Continue on Sheet No. 9.824) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 23 FLORIDA POWER & LIGHT COMPANY Attachment C Page 5 of 11 Original Sheet No. 9.824 (Continued from Sheet No. 9.823) (b) Early Termination by Company for Convenience or by Company Due to Change in Law. The Company has the right to terminate this Agreement for its convenience upon written notice to Customer at least one -hundred eighty (180) clays prior to the effective date of termination, or, in whole or in pan, immediately upon written notice to Customer as a result of FPSC actions or change in applicable laws, rules, regulations, ordinances or applicable pennits of any federal, state or local authority, or of any agency thereof, that have the effect of terminating, limiting or otherwise prohibiting Company's ability to provide the Service. Upon a temlination for convenience by Company, pursuant to this Section 13(b), Customer must choose to either: (i) Purchase the Equipment upon payment of (A) a transfer price mutually agreeable to Company and Customer, plus (13) Company's cost to reconfigure the Equipment to accept standard electric service from the Company, plus (C) any outstanding Monthly Service Payments, fuel charges and applicable taxes for Service provided to Customer prior to the effective date of termination, plus (D) any unrecovered fuel and maintenance costs expended by Company prior to the effective date of termination, minus (E) any cnsh security held by the Company under this Agreement or (ii) Request that Company remove the Equipment, at Company's sole cost, within a reasonable time period, provided that, for the avoidance of doubt. Company has the right, but not the obligation, to access and remove any and all Equipment, nt its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. If Customer and Company cannot reach agreement as to the transfer price of the Equipment within ninety (90) days of Company's notice of termination for convenient. Customer shall be deemed to have elected the request for Company to remove the Equipment. }~arly Termination of Agreement for Cause. In addition to any other termination rights expressly set forth in this Agreement, Company and Customer, as applicable, may terminate this Agreement for cause upon any of the following events of default (each an "Event of Default"): (i) Customer fails to timely pay the Monthly Service Payment and fails to cure such deficiency within five (5) business days of written notice from the Company; (ii) Company materially breaches its obligations under thc Agreement and such failure is not cured within thirty (30) days after written notice thereof by Customer, (iii) Customer fails to perform or observe any other covenant, term or condition under the Agreement and such failure is not cured within thirty (30) days after written notice thereof by Company; (iv) Subject to ,Section 20, Customer sells, transfers or otherwise disposes of the Facility; (v) Customer or any guarantor of Customer's obligations or liabilities hereunder ("Guarantor") sells, transfers or otherwise dispose of all or substantially all of its assets; (vi) Customer or Guarantor enters into any voluntary or involuntary bankruptcy or other insolvency or receivership proceeding, or makes as assignment for the benefit of creditors: (vii) any representation or warranty made by Customer or Guarantor or otherwise furnished to Company in connection with the Agreement shall prove at any time to have been untrue or misleading in any material respect; or (viii) Customer removes or allows a third party to remove, any portion of the Equipment from the Facility. i. Upon a termination for cause by Company, the Company shall have the right to access and remove the Equipment and Customer shall be responsible for paying the Termination Fee as more fully described in Section 13(n'. For the avoidance of doubt, Company has the right, but not thc obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such en election. Additionally, the Customer shall be liable to Company for any auomey's fees or other costs incurred in collection of the Termination Fee. In the event that Company and a purchaser of the Facility (who has not assumed the Agreement pursuant to Section 20) agree upon a purchase price of the Equipment, such purchase price shall be credited against the Termination Fee owed by Customer. (c) (Continue on Sheet No. 9.825) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 24 FLORIDA POWER & LIGHT COMPANY Attachment C Page 6 of 11 Original Sheet No. 9.825 (Continued from Sheet No. 9.824) ii. Upon a termination for cause by Customer, Customer must choose to either (i) pursue the purchase option pursuant to Section 13(e) or (ii) request that Company remove the Equipment, at Company's sole cost, within a reasonable time period, and pay no Termination Fee; provided that, for the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, et its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. (d) Expiration of Agreement. At least ninety (90) days prior to the end of the Term, Customer shall provide Company with written notice of an election of one of the three following options: (i) to renew the Term of this Agreement, subject to modifications to be agreed to by Company and the Customer, for a period and price to he agreed upon between Company and the Customer, (ii) to purchase the Equipment by payment of the purchase option price set forth in Section 13(e) plus applicable taxes, plus any outstanding Monthly Service Payments, fuel charges and applicable taxes, for Service provided to Customer prior to the expiration of the Terni, or (ii) to request that Company remove the Equipment and for Customer to pay Company the Termination Fee. In the event that Customer fails to make a timely election. Customer shall be deemed to have elected the request for Company to remove the Equipment and for Customer to pay the Termination Fee. For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. If options (i) or (u) is selected by Customer but the Parties have failed to reach agreement as to the tcrms of the applicable option by the expiration of the then currrent Term, the Agreement will auto -renew on a month-to-month basis until (A) the dale on which the Parties reach agreement and finalize the option, or (B) the date Customer provides written notice to Company to change its election to option (iii) above. Customer Purchase Option. Pursuant to a purchase option under Section 13(c). Section 13(d) or Section 20, the Customer may elect to purchase and take title to the Equipment upon payment of (i) the greater of (A) Company's unrecovered capital cost of the Equipment, or (B) the mutually agreed upon fair market value of the Equipment, plus (ii) Company's cost to reconfigure the Equipment to accept standard electric service from the Company, plus (iii) any outstanding Monthly Service Payments, fuel charges and applicable taxes for Service provided to Customer prior to the effective date of termination, plus (iv) any unrecovered fuel and maintenance costs expended by Company prior to the effective date of termination; minus (v) any cash security held by the Company under this Agreement Company will invoice Customer the purchase option price within thirty (30) days of Customer's election of the purchase option, due and payable by Customer within thirty (30) days of the date of such invoice. If Customer and Company cannot reach agreement as to the fair market value of the Equipment within thirty (30) days of C'ustomer's election of the purchase option, then such purchase option will expire and Customer must proceed subject to and pay the Termination Fee pursuant to Section 1 3(a). (1) Termination of Easements. Following expiration or termination of this Agreement and satisfaction of all Customer obligations under this Section 13, Company shall provide Customer with a release of Easements in a form mutually agreed upon between the Parties. (e) (Continue on Sheet No. 9.826) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 25 FLORIDA POWER & LIGHT COMPANY Attachment C Page 7 of 11 Original Sheet No. 9.826 (Continued from Sheet No. 9.825) 14. Warranty and Representations. (a) Company's Disclaimer of Express and/or Implied Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITII RESPECT TO THE COMPANY'S OBLIGATIONS, SERVICES AND/OR THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT THERE IS NO WARRANTY IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE TMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF CUSTOM OR USAGE. CUSTOMER FURTHER ACKNOWLEDGES [N NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE FACILITY WILL BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE INTERRUPTION OF ELECTRIC SERVICES. (b) Customer Representations and Warranties. The Customer represents and warrants that (i) the Facility at which Company's Equipment is to be located is suitable for the location of such Equipment; (ii) the placing of such Equipment at such Facility will comply with all laws, rules, regulations ordinances, zoning requirements or any other federal, state and local govemmental requirements applicable to Customer; (iii) all information provided by the Customer related to the Facility is accurate and complete; (iv) Customer holds title to the real property on which the Facility is located or has the right of possession of the real property on which the Facility is located for the Tenn; and (v) Customer has the right to grant Company easement rights related to the real property on which the Facility is located, or has the right to require the owner of the real property on which the Facility is located to grant Company such easement rights. 15. LIMITATIONS OF LIARTLITY. (a) IT IS UNDERSTOOD AND ACKNOWLEDGED BY CUSTOMER THAT COMPANY IS NOT AN INSURER OF LOSSES OR DAMAGES THAT MIGHT ARISE OR RESULT FROM THE EQUIPMENT NOT OPERATING AS EXPECTED. IW SIGNING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR COMPLETE OR PARTIAL INTERRUPTION OF SERVICE, OR FLUCTUATION 1N VOLTAGE, RESULTING FROM CAUSES BEYOND ITS CONTROL OR THROUGH THE ORDINARY NEGLIGENCE OF ITS EMPLOYEES, SERVANTS OR AGENTS. (b) SUBJECT TO SECTION 15(0, NEITHER COMPANY NOR CUSTOMER SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR INCIDENTAL LOSSES OR PUNITIVE DAMAGES UNDER THE AGREEMENT, INCLUDING LOSS OF USE, COST OF CAPITAL, LOSS OF GOODWILL, LOST REVENUES OR LOSS OF PROFIT, AND COMPANY AND CUSTOMER EACH HEREBY RELEASES THE OTHER FROM ANY SUCH LIABILITY. (c) THE LIMITATIONS OF LIABILITY CINDER SECTION 15 ) AND SECTION 1S(b) ABOVE SRAM, NOT BF. CONSTRUED TO LIMIT ANY INDEMNITY OR DEFENSE OBLIGATION OF CUSTOMER UNDER SECTION 18(ei. Customer's Initials below Indicate that Customer has read, understood and voluntarily accepted the terms and provisions set forth in Section 15. Agreed and accepted by Customer: (Initials) (Continue on Sheet No. 9.8271 Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: -33 ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 26 FLORIDA POWER & LIGHT COMPANY Attachment C Page 8 of 11 Original Sheet No. 9.827 (Continued from Sheet No. 9.826) 16. Force Ma cure Force Majeure is defined as an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected Party or its contractors or suppliers. Such events or circumstances may include, but are not limited to, actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikers, lockouts or other labor disputes or difficulties (not caused by the failure of the affected Party to comply with the terms of a collective bargaining agreement). If a Party is prevented or delayed in the performance of any such obligation by a Force Majeure event, such Party shall provide notice to the other Party of the circumstances preventing or delaying performance and the expected duration thereof. The Party so affected by a Force Majeure event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. Provided that the requirements of this Section 16 are satisfied by the affected Party, to the extent that performance of any obligation(s) is prevented or delayed by a Force Majeure event, the obligation(s) of the affected Party that is obstructed or delayed shall be extended by the time period equal to the duration of the Force Majeure event. Notwithstanding the foregoing, the occurrence of a Force Majeure event shall not relieve Customer of payment obligations under this Agreement. 17. Confidentiality. "Confidential Information" shall mean all nonpublic information, regardless of the form in which it is communicated or maintained (whether oral, written, electronic or visual) and whether prepared by a disclosing Party or otherwise ("Disclosing Party'), which is disclosed to a receiving Party ("Receiving Party"). Confidential Information shall not be used for any purpose other than for purposes of this Agreement. The Receiving Party shall use the same degree of care to protect the Confidential Information as the Receiving Party employs to protect its own information of like importance, but in no event less than a reasonable degree of care based on industry standard. Except to the extent required by applicable law, Customer shall not make HIV public statements that reference the name of Company or its affiliates without the prior written consent of Company. 18. insurance and Indemnity. (a) insurance to Be Maintained by the Comnanv. i. At any time that the Company is performing Services under this Agreement at the Customer Facility, the Company shall, maintain, at its sok cost and expense, with insurer(s) rated "A-. WI" or higher by A.M. Best's Key Rating Guide, (i) commercial general liability policy with minimum limits of One Million (SI,000,000.00) Dollars per occurrence for bodily injury or death and/or property damage, (ii) automobile liability policy with minimum limits of One Million (51,000,000.00) Dollars combined single limit for all owned, non -owned, leased and hired automobiles. (iii) umbrella liability policy with minimum limits of Two Million (52,000,000.00) Dollars per occurrence, and (iv) workers' compensation insurance coverage as mandated by the applicable laws of the State of Florida and Employers' Liability cover with limits of One Million ($1,000,000.00) Dollars per accident, by disease and per policy and per employed. ii. Upon the request of Customer, the Company shall provide the Customer with insurance certificates which provide evidence of the insurance coverage under this Agreement iii. Notwithstanding any other requirement set forth in this Section 18(a) Company may meet the above required insurance coverage and limits with any combination of primary, excess, or self-insurance. In the event Company self -insures any of the above required coverages, Company will provide Customer with a letter of self-insurance upon written request by Customer. (Continue on Sheet No. 9.828) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 27 FLORIDA POWER & LIGHT COMPANY Attachment C Page 9 of 11 Original Sheet No. 9.828 (Continued from Sheet No. 9.827) (b) insurance to Be Maintained by the Customer. i. The Customer, during and throughout the Term of this Agreement, shall, maintain, at its sok cost and expense, with insurer(s) rated "A-, WI" or higher by A.M. Best's Key Rating Guide, (i) commercial general liability policy with minimum limits of One Million (51,000,000.00) Dollars per occurrence for bodily injury or death andior property damage, (ii) automobile liability policy with minimum limits of One Million (51,000,000.00) Dollars combined single limit for all owned, non -owned. leased and hired automobiles, (iii) umbrella liability policy with minimum limits of Two Million ($2,000,000.00) Dollars per occurrence, and (iv) workers' compensation insurance coverage as mandated by the applicable laws of the State of Florida and Employers' Liability cover with limits of One Million (S1,000,000.00) Dollars per accident, by disease and per policy and per employee. With respect to insurance required in (i), (ii). and (iii) above, Customer shall name Company as an additional insured and provide a waiver of subrogation in favor of Company. ii. In the event Customer is subject to Section 728.28 Florida Statute, Customer acknowledges, without waiving the right to sovereign immunity as provided by Section 768.28. Florida Statutes, that Customer is self-insured for general liability under Florida sovereign immunity statutes with coverage limits of Two Hundred Thousand (S200,000.00) Dollars per person and Three Hundred Thousand ($300,000.00) Dollars per occurrence. or such monetary waiver limits that may change and be set forth by the legislature. Customer shall also maintain workers' compensation insurance in accordance with Chapter 440, Florida Statute. Coverage shall also include Employers' Liability coverage with limits of One Million (S1,000.000.00) Dollars per accident. (c) Indemnity. The Customer shall indemnify, hold harm less and defend Company from and against any and all liability, proceedings, suits, cost or expense for loss, damage or injury to persons or property ("Losses") to the extent arising out of, connected with, relating to or in any manner directly or indirectly connected with this Agreement; provided, that nothing herein shall require Customer to indemnify Company for Losses caused by Company's own. negligence, gross negligence or willful misconduct. The provisions of this paragraph shall survive termination or expiration of this Agreement. 19. Non -Waiver. The failure of either Party to insist upon the performance of any term or condition of this Agreement or to exercise any right hereunder on one or more occasions shall not constitute a waiver or relinquishment of its right to demand future performance of such term or condition, or to exercise such right in the future. 20. Assignment. Neither this Agreement, nor the Service, nor any duty. interest or rights hereunder shall be subcontracted, assigned, transferred, delegated or otherwise disposed of by Customer without Company's prior written approval. Customer will provide written notice to Company of a prospective sale of the real property upon which the Equipment is installed, at least thirty (30) days prior to the sale of such property. In the event of the sale of the real property upon which the. Equipment is installed, subject to the obligations of this Agreement including Section 7 (Customer Credit Requirements), the Customer has the option to purchase the Equipment pursuant to Section 13(e) or this Agreement may be assigned by the Customer to the purchaser if such obligations have been assumed by the purchaser and agreed to by the Customer and the Company in writing. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and Company. (Continue on Sheet No. 9.829) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 28 FLORIDA POWER & LIGHT COMPANY Attachment C Page 10 of 11 Original Sheet No. 9.829 (Continued from Sheet No. 9.828) 21. Dispute Resolution, Governing Law, Venue and Waiver of Jury Trial. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions. Each Party agrees not to commence or file any formal proceedings against the other Party related to any dispute under this Agreement for at least forty-five (45) days after notifying the other Party in writing of the dispute. A court of competent jurisdiction in the Circuit Court for Palm Beach County, Florida or the United States District Court for the Southern District of Florida only, as may be applicable under controlling law, shall decide any unresolved claim or other matter in question between the Parties to this Agreement arising out of or related in any way to this Agreement, with such court having sole and exclusive jurisdiction over any such matters. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTS THAT MIGHT EXIST TO HAVE A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED UPON, RELATING TO, ARISING OUT OF, UNDER OR 114 ANY WAY CONNECTED WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS C)F EITHER PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. 22. Modiflcatton. No statements or agreements, oral or written, made prior to the date hereof, shall vary or modify the written tcmis set forth herein and neither Party shall claim any amendment, modification or release from any provision hereof by reason of a course of action or mutual agreement unless such agreement is in writing, signed by both Parties and specifically states it is an amendment to this Agreement. 23. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24. Survival. The obligations of the Parties hereunder which by their nature survive the termination or expiration of the Agreement and/or the completion of the Service hereunder, shall survive and inure to the benefit of the Parties. Those provisions of this Agreement which provide for the limitation of or protection against liability shall apply to the full extent permitted by law and shall survive termination or expiration of this Agreement and/or completion of the Service. 25. Notices. AU notices, demands, offers or other written communications required or permitted to be given pursuant to this Agreement shall be in writing signed by the Party giving such notice and, shall be either hand - delivered, sent via certified mail, return receipt requested and postage prepaid. or sent via overnight courier to such Party's address as set forth in the first paragraph of this Agreement, and with respect to Company, sent to the auention of . Each Party shall have the right to change the place to which notices shall be sent or delivered or to specify additional addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in like manner to the other Party. 26. Further Assurances. Company and Customer each agree to do such other and further acts and things, and to execute and deliver such additional instruments and docwnents, as either Party may reasonably request from time to time whether at or after the execution of this Agreement, in furtherance of the express provisions of this Agreement. 27. Governmental Entities. For those Customers which are a governmental entity of the State of Florida or political subdivision thereof ("Governmental Entity"), to the extent the Governmental Entity is legally barred by Florida state or federal law from executing or agreeing to any provision of this Agreement, then such provision of this Agreement will be deemed modified to the extent necessary to make such provisions consistent with Florida state or federal law. The remainder of this Agreement shall not be affected thereby and will survive and be enforceable. (Continue on Sheet No. 9.830) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 29 FLORIDA POWER & LIGHT COMPANY Attachment C Page 11 of 11 Original Sheet No. 9.830 (Continued from Sheet No. 9.829) 28. Entire Agreement. The Agreement constitutes the entire understanding between Company and the Customer relating to the subject matter hereof, superseding any prior or contemporaneous agreements, representations, warranties, promises or understandings between the Parties, whether oral, written or implied, regarding the subject natter hereof. IN WITNESS WHEREOF, the Parties hereby caused this Agreement to be executed by their duly authorized representatives, effective as of the Effective Date. Customer Florida Power & Light Company By. By: (Signature of Authorized Representative) (Signature of Authorized Representative) (Print or Type Name) (Print or Type Name) Title: Title: Date: Date: Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: (0,-61 Hong Wang From: Lisa Smith Sent: Monday, June 03, 2019 4:19 PM To: Hong Wang Cc: Walter Trierweiler Subject: 20190034 -El Wait advised the date is June 24, 2019 and gives permission to edit as needed. Thanks Commission Deputy Clerk II Office of the General Counsel Florida Public Service Commission 2540 Shumard Oak Blvd. Tallahassee, FL 32399-0850 (850)413-6098 lismith@psc.state.fl.us 1 FILED 6/3'/2019 DOCUMENT NO. 04714-2019 FPSC - COMMISSION CLERK, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power & Light Company. of b /11 6) DOCKET NO. 20190048 -EI ORDER NO. PS0-2019-0222-TRF-EI ISSUED: June 3, 2019 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER GRANTING FLORIDA POWER & LIGHT COMPANY'S PETITION FOR APPROVAL TO AMEND STREET LIGHTING, OUTDOOR LIGHTING AND.LED LIGHTING PILOT TARIFFS BY THE COMMISSION: Background On February 20, 2019, Florida Power & Light Company (FPL or Utility) filed a petition for approval to amend its street lighting (SL -1), outdoor lighting (OL -1), and LED lighting pilot (LT -1) tariffs. The tariff revisions, as approved herein, are designed to establish monthly charges for lighting facilities that are not contained in FPL's lighting tariffs (i.e., non-standard lighting). With FPL's acquisition of the City of Vero Beach (COVB) electric utility system, we granted FPL approval to charge its approved rates and charges to the COVB customers upon the closing date of the Asset Sale and Purchase Agreement between FPL and COVB.' The Asset Sale and Purchase Agreement closed on December 17, 2018, and FPL started billing the former COVB customers its rates and charges. FPL conducted an analysis of COVB's former tariffs and outdoor lighting and determined that 30 percent of the fixtures and poles previously served by COVB constitute non- standard lighting. The non-standard lighting previously served by COVB is made up of 19 fixtures types and three pole types that are not offered under FPL's lighting tariffs. Therefore, FPL does not have existing rates in its tariff to apply to the former COVB non-standard lighting Order No. PSC-2018-0566-FOF-EU, issued on November 30, 2018, in Docket No. 20170235 -EI, In re: Petition by Florida Power & Light Company (FPL) for authority to charge FPL rates to former City of Vero Beach customers and for approval of FPL's accounting treatment for City of Vero Beach transaction. ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 2 customers. The remaining 70 percent of the lighting facilities in the former COVB service territory constitute standard lighting and is billed under FPL's tariffs. On February 27, 2019, FPL provided a letter waiving the 60 -day file and suspend provision in Section 366.06(3), Florida Statutes (F.S.), until the May 14, 2019 Agenda Conference. On March 1, 2019, Commission staff issued its first data request to FPL, for which responses were received on March 11, 2019. On April 26, 2019, FPL filed amended tariffs adding language regarding the calculation of the maintenance charges for non-standard lighting and to clarify that for the LT -1 tariff, the requested new special provision applied to poles only. The requested tariff sheets in legislative format, as amended on April 26, 2019, are shown in Attachment A to this order. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, F. S. Decision Currently, FPL offers lighting service under its SL -1, OL -1, and LT -1 tariffs. The SL -1 and OL -1 tariffs include specific fixtures and poles a customer can choose from. The charges for each fixture are comprised of three components: a fixture charge, a maintenance charge, and an energy charge. The LT -1 tariff provides customers with Light Emitting Diode (LED) fixture options and flexible payment methods; however, the LT -1 tariff contains specific poles a customer can choose from.2 Pole charges vary by type of pole (e.g., concrete, wood, fiberglass). FPL requested to add a special provision to its SL -1, OL -1, and LT -1 tariffs to allow FPL to determine monthly charges for customers with non-standard lighting. Pursuant to the special provision, FPL would apply a facilities charge factor of 1.63 percent to the average installed cost of the lighting facilities to determine the fixture or pole charge. The calculation of the 1.63 facilities charge factor is shown in Exhibit G to the petition and includes a return, depreciation, and property taxes. The facilities charge factor assures recovery of the lighting facilities investment. FPL explained that it does not know the average installed costs of the former COVB lighting facilities as COVB did not have sufficient records to support such calculation. To determine the average installed cost of the former COVB non-standard lighting facilities, FPL used the current estimated value of the facilities. While the requested tariff revisions initially apply to the former COVB non-standard lighting customers, FPL stated that the special provision would apply to all customers who request a fixture or pole that is not included in FPL's existing tariffs. FPL stated that any requested lighting facilities would need to meet FPL's reliability standards. To determine the maintenance charges for non-standard lighting fixtures, FPL would use the approved maintenance cost for a fixture with the same wattage. For wattages that fall between two existing wattages, the maintenance charge will be averaged based on the two existing wattages. All other Commission -approved street lighting energy charges and cost recovery factors, such as fuel, will apply. 2 Order No. PSC -17 -0115 -TRF -EI, issued March 28, 2017, in Docket No. 160245 -EI, In re: Petition for approval of a new optional pilot LED streetlight tariff, by Florida Power & Light Company. ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 3 Former COVB Customer Bill Impacts and Notification In its response to Commission staff's data request, FPL stated that 83 former COVB customers are served by non-standard lighting. These customers are comprised of one governmental customer, 81 commercial customers, and one residential customer. Since the Asset Sale and Purchase Agreement closed on December 17, 2018, FPL has been billing these 83 former COVB lighting customers pursuant to the requested tariff, subject to refund or recovery of the difference pending the outcome of this proceeding. FPL has three lighting tariffs (SL -1, OL -1, and LT -1), while COVB had only one tariff for all lighting customers. By performing field surveys, FPL is able to identify the appropriate FPL tariff for all former COVB lighting customers. With the requested tariff revisions, an estimated 63 customers have seen their lighting bill decrease and 20 customers have seen their bill increase. Customer monthly bill decreases range from $0.39 to $326.61 a month, while the increases range from $1.32 to $786 a month. FPL explained that the customer (a condominium association) who saw the $786 increase had a note in COVB's billing file that referenced an agreement with COVB to pay a non -tariffed rate. FPL explained that when it contacted the customer, the customer was unaware that it was being billed less than the COVB tariffed rate. FPL represented it is working with the customer to reduce its lighting bill. FPL further explained that other former COVB customers experienced increases in their bills, because COVB charged the customers for an incorrect fixture. FPL has corrected this error from the COVB billing and is charging the lighting customers for the actual fixture provided. FPL stated that all former COVB non-standard lighting customers whose lighting bill increased by more than $8.00 were contacted by phone call or by an in person visit. To date, we have not received any customer comments or complaints regarding the requested tariff amendments. It is incumbent on public utilities to charge only those rates filed with and approved by the Commission, pursuant to Section 366.06, F.S. We recognize the unique circumstances surrounding FPL's acquisition and provision of service to the COVB customers, and that the majority of customers affected by the requested tariff will experience a rate decrease. However, FPL is cautioned to charge only those rates reflected in its Commission -approved tariffs, and that it is authorized to change such rates only after securing our approval. Conclusion We approved a similar lighting tariff for Gulf Power Company (Gulf) in Gulfs 2001 rate case3 in response to customers requesting more fixture or pole options. More recently, we approved Tampa Electric Company's (TECO) optional customer specified lighting tariff to allow TECO to respond to customer requests for special fixtures or poles in a timely and efficient manner. 4 We have reviewed FPL's petition and supporting documentation and find the addition of the Special Provision to the SL -1, OL -1, and LT -1 tariffs is reasonable and appropriate. 3 Order No. PSC-02-0787-FOF-EI, issued June 10, 2002, in Docket No. 010949 -EI, In re: Request for rate increase by Gulf Power Company. 4 Order No. PSC -2019 -0063 -TRF -EI, issued February 18, 2019, in Docket No. 20180222 -EI, In re: Petition for approval of customer specified lighting tariff by Tampa Electric Company. gal ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 4 Therefore, we hereby approve the requested changes to FPL's SL -1, OL -1, and LT -1 tariffs, as shown in Attachment A. The requested revisions allow FPL to bill the former COVB customers with non-standard lighting and respond to customers' future requests for special fixtures or poles. The general body of ratepayers will be protected, as non-standard lighting customers will be responsible for all costs associated with their lighting facilities. The revised tariffs are effective as of May 14,2019. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs is herebyapproved, effective May 14, 2019. It is further ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariffs shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. By ORDER of the Florida Public Service Commission this 3rd day of June, 2019. ADAM J. T C• issi ' n erk Florida a Pudic Servic Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. JSC }L ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 5 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the requested action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 24, 2019. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 6 FLORIDA POW R& L1GIiTCOtMPANY Attachment A Page 1 of 3 Thttty SiathSeventh Revised Sheet No. 8.716 Cancels 'Thirty-Fiflhail h Revised Sheet No. 8.716 (Continued from Sheet No. 8.715) J(EMOVALOFFAC If Street Lighting facilities are removed by either Customer tequesl or tcnninat on or breach of tho agreement, the Customer shall p ty FPL an amount equal to the original installed cost of the, removed facilities less any salvage value and any depreciation (based on current depreciation rates as approved by the Florida Public Service Commission) plus removal cost. MONTHLYRATF.• Chirp for FPL-Chvned Charge 'forCustomer-Owned Lamp Size ltnit(51 "1InitSL•••• Luminaire initial kWh/Mo. 'Mainte- Energy Relamping/Energy Tyne J,umens Writs );stimate Fixtures name Non -Fuel Total Enerev null a• .•• High Pressure Sodium Vapor 6.300 70 1.9 54.11 51.97 50.88 56.96 52.86 50.88 9300 100 41 54.18 51.98 51.25 57.41 53.24 SI.25 • 16,000 150 60 54.31 52.01 S1.83 58.15 53.85 51.83 " 7.2,000 200 88 '56.53 52.55 52.68 SI 1.76 55.20 52.68 " • 50,000 400 168 56.59 52.56 55.11 514.26 57.64 55.11 • 27,500 250 116 56.94 52.77 53.53 513.24 56.27 5333 • 140,000 1.000 411 510.46 54.97 512.50 527,93 517.51 512.50 Mercury Vapor • 6,000 140 62 53.25 51.76 51.89 56.90 53.66 $1.89 " • 8,600 175 77 53.31 51.76 52.34 57.41 54.11 52.34 " " • 11,500 250 104 55.50 52.53 53.16 511.19 55.71 53.16 • 21300 400 160 55.47 52.49 54.87 512.83 57.37 54.87 * There units are elored to new FPL installations. •• The non -fuel cruigy charge Is 3.042 f per kWh. ••• Bills rendered based on "Total" charge. Unbundling of darges is not permitted. •••• New customer-owrted facilities arc closed to this rate effective Jemmy 1, 2017. Charges for other PPL -owned faciliiter 'Wood pole used only tor the street lighting sl stem Concrete pole used only for the street lighting system Fiberglass pole used only for Ore sued lighting system Steel pole used only for the street lighting system* Underground conductors not under paving Underground conductors under paving 55.20 57.11 58.42 57.11 4.026 d per foot 9.835 0 per foot The Underground conductors under paving charge wilt not apply where a CIAC is paid pursuant to section "a)" under "Customer Contributions." The Underground conductors not under paving charge will apply in these situations. b'1'l:ClAl,1'kOVlSIQN• Where the Cott ttaav tttovidec facilities Other than thc+lr listed abnve. the ir»nthly charges. as nyplirnhie shall he cont tut Ii JacilitieeCharm, I .61% of the Connvu.r'savernee installed cost of thc oak. Held fixture. or both. J.lninienmlce Chore ',FPI, chill use the maintenance c1un ee in this tariff for fixtures that 611 under the medal nmvicion teased urn Onttaer. 'Ifs special pinvisiori fixture falls hxN`ween ton siaftnirs. the nttintcnancc cartel; trill be mermen hcnteen there too existina wanner; \nn-11tr11:ncreeChnryrc• .3,042 tJ3i\ 1 (Continued on Sheet No. 8.717) issued by: Tiffany Cohen,' Director, "Rates and Tariffs Effective: -4pt41fil2019 ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 7 Attachment A Page 2 of 3 Thirty-Seeott(tjltirtl Revised Sheet No.8.726 FLORIDA POWER & i.IMIT COMPANY Cancels Thirty$irs$Serond Revised Sheet No. 8.726 (Continued from Sheet No. 8.725) Charges for other Company -owed facilities: Wood pate and span of conductors: Concrete pole and span ofconductors: Fiberglass' pole and span of conductors: Steel pole used only for the street lighting system '1 Underground conductors (excluding trenching) Down -guy, Anchor and Protector 511.76 515.89 S18.67 515.89 50.090 per font SI0,69 For Customer -owned outdoor lights, %there the Customer contracts to rclamp at no cost to FPL, the monthly rale for non -fuel encigy shall bc 3.247¢ per kWh of estimated usage of each unit plus adjustments. Conservation charge Capacity Payment Clause Environmental Charge Fuel Charge Storm Charge Franchise Fee Tax Clause Sce Sheet No. 8.030.1 Sec Sheet No. 8.030.1 See Sheet Not 8.030.1 Sce Sheet No. 8.030.1 Sce Sheet No. 8.010 Sce Sheet No. 8.031 Sce Sheet No. 8.032 SPECIAL PROVISION' ALhere the Conran.' ntnvidrz facilities other Iliac thnre Buret alone the nx,tithla chatecs nee anniienhiv shall M mansard Ac folbar, Fncilitits CIi rizc: I.63?f,ofthc (:outpanv'o avcraoe installed 'anal cabs nate. Behr fixture. nr ho:h. Maintenance C'hars.; t salt use the mintentent chafers in this ma fx fixtutce cleat tali uttder the enMial neritidor haatil On %agate. Ira Special nrn.isiotl fu,turt faIh lafinaen i%n \rauaree the uaintrnancc charge will he ' i raj cd hctwen those t%o cxistina walfams Non -Fuel Palmy el:arce: }.247 e.`rf:q'il TERMQUILEViCEc. Not less than one year. in the event the Company installs any facilities for which there is an added monthly charge, the Tenn of Service shall be for not less than three years. If the Custotner terminates service before the expiration of the initial tum ofthe agreement, the Company may require reimbursement for the total expenditures made to provide such service, plus the cost of removal of the facilities installcd'kss the salvage -value thereof and less credit for all monthly payments made for Company-owned facilities. WIU.FULDAMAG6: in the event of willful damage to these facilities, FPI. %till provide the initial repair of each installed item at its expense. Upon the second occurrenceof willful damage, and subsequent otettrrcnte. to these FPL -owned facilities. the Customer will be responsible for the cost for repair or replacement, ROLF,SANDRiS , SJ Al,Q. Service under this schedule is subject to orders of governmental bodies inning jurisdiction and to the currently effective "General Rules and Regulations for Electric Service' on Ole with the Florida Public Service Commission. In case of Conflict between any provision ofthis schedule and said "Gcncrnl Roles and Regulations for Electric Service', the provision ofthis schedule shall apply. CQh y-OWNEDFACI LWTJFS; Company-owned luminaires nonnnlly will be mounted on Companys existing distribution poles and served from existing overhead wires. The Company will provide one span of secondary conductor from existing secondary facilities to a Company.o%ned light at the Company's expense. When requested by the Cusiomcr, and at the option of the Company, additional spans of circ or additional poles or underground conductors may be installed by the Company upon agreement by the Customer to use the facilities for a minimum of throe years and.pay each month the charges sp.titied under MQNTHI.Y RATE MON1173!... Th The Customer will make a lump sum payment for the cosi of changes in the height of existing poles or the installation of additional poles in the Company's distribution lints or the cosi of any other facilities required for the installation of lights io be served hereunder. (Continued on Sheet No.8.727) Issued by: 'I litany Cohen,- Director, Rates and "I aritfs Effective: , priU;2Ai9 ORDER NO. PSC -2019 -0222 -TRF -EI DOCKET NO. 20190048 -EI PAGE 8 F4QRIOAPOWER R WGIITCOMPANY Attachment A Page 3 of 3 FtAh$ixtFi Revised Sheat 110.8.737 = nneelaourihCancchsFifth Revised Shed No.'8.737 (Continued from Sheet No. 8.736) Maintenance pet Fixture (FPL Owned Fixture and Pole) S1.82 Maintenance per Fixture for FPL Fixtures on C istomar Pole 51.27 .LED Contusion Recovery 51.03 Not= The non•fiul encigy charge is 3.042¢ per kWh. Hills icridcicd based on Total' charge. Unbundling ofcharges is not permitted Charges for other Meowed facilities: 'Wood pole used only for the street lighting system 5520 Standard Concrete pole used only for the street lighting system 57.11 Round Fiberglass pole used only fo,the street, lighting system 18.42 .Ucc6mtivcTatl Fiberglass pole used only for the street lighting system 517.77 .1 ccorative Concrete pole used only for the street lighting system 514.43 Underground conductors 4.026 t per foot SF FOAL PROVISIONS; When: the Comnenv protides note. outer than those listed nhove.ihe iinnthly chare+nt, neypl+licahlc shall he cot sued ns f+.lio+a: • irntilitics Clisrfir: 1.63% of the Company's avemee installed cost nfthe MR. ,b.UNG 'During the initial installation period: Facilities in service for 15 days or less will not be billed; Facilities in service for 16 days or more will be billed for a full month. WIL1FIJLDAMAGE Upon the second occurrence of willful damage to any FFL-owned facilities, the Customer will be responsible for the cost incurred for repair or replacement. If the lighting fixture is damaged, based on prior writteninslmdions from the Customer. FPL will: a) If a commercially available and FPL approved device exists, install a protective shield. 7hc Customer shall pay $280.00 for the shield plus all associated Erssts. However,if the Customer chooses to haat' the shield installed before the s ec and oceuricnce; the Customer shall only pay the cost of the shield; or b) Replace with a like unshielded fixture. For this, and each subsequent occurrence, the Customer shall pay the estimated costs of the replacement fixture; or c) Terminate service to the fixture. In this case, the lighting facilities will be removed from the field and from billing; the customer will pay the lighting facilities charges for the remaining period of the currently active term of service plus'tbe cost to remove the facilities. Option selection shall be made by the Customer in writing and apply to all fixtures which FPI. has installed on the Customers behalf on the same account. Selection changes may be made by the Customer at any lime and will become effecfine ninety (90) days after wrincn notice is received. (Continued on Sheet No. 8.738) Issued by: Tiffany, Cohen, Director, Rates mid Tariffs Effective: dApriltr20-19 9b JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960. TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 30, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 24, 2019 to May 30, 2019 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 May 24, 2019 to May 30, 2019. 9 TRANS NBR 382220 382221 382222 382223 382224 382225 382226 382227 382228 382229 382230 382231 382232 382233 382234 382235 382236 382237 382238 382239 382240 382241 382242 382243 382244 382245 382246 382247 382248 382249 382250 382251 382252 382253 382254 382255 382256 382257 382258 382259 382260 382261 382262 382263 382264 382265 382266 382267 382268 382269 382270 382271 382272 382273 382274 382275 382276 382277 DATE 05/24/2019 05/24/2019 05/28/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 CHECKS WRITTEN VENDOR STRATA BEACH RESORT & CONFERENCE CENTER SIRATA BEACH RESORT & CONFERENCE CENTER OLD DIXIE PAINT & BODY LLC PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC KIMLEY HORN & ASSOC INC VERMEER SOUTHEAST AT&T WIRELESS DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER TEMPLE INC PHYSIO CONTROL INC NATIONAL FIRE PROTECTION ASSOC VERO INDUSTRIAL SUPPLY INC TIRESOLES OF BROWARD INC CITY ELECTRIC SUPPLY CARTER ASSOCIATES INC UTILITY SERVICE CO INC BAKER & TAYLOR INC MIDWEST TAPE LLC HUDSON PUMP & EQUIPMENT HARRINGTON INDUSTRIAL PLASTICS LLC BAKER DISTRIBUTING CO LLC PALM TRUCK CENTERS INC GO COASTAL INC GEI GRAPHIC ENTERPRISES INC RIVER PARK ASSOCIATES LIMITED ENNIS-FLINT INC CLERK OF CIRCUIT COURT CITY OF VERO BEACH UNITED WAY OF INDIAN RIVER COUNTY FERGUSON ENTERPRISES INC UNITED STATES POSTAL SERVICE LIVINGSTON PAGE HENRY FISCHER & SONS INC PUBLIX SUPERMARKETS ARTHUR J GALLAGHER RISK MGMT SERV INC SHERATON ORLANDO NORTH HOTEL ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC FEDERAL EXPRESS CORP MUNICIPAL CODE CORPORATION TYLER TECHNOLOGIES INC MORGAN & EKLUND INC SOUTHEAST DESALTING ASSOCIATION TIMOTHY ROSE CONTRACTING INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA RECREATION & PARK ASSOC INC FLORIDA POWER AND LIGHT AMERICAN PLANNING ASSOCIATION NSI ALPHA CORPORATION KENNETH CAMPBELL SENIOR SUNSHINE STATE ONE CALL OF FL INC STRUNK FUNERAL HOMES & CREMATORY KEVIN OSTHUS AMOUNT 242.00 242.00 1,546.60 6,464.10 1,362.70 1,642.92 185.00 5,280.00 335.24 996.85 38.78 26.45 1,099.14 1,500.00 2,062.95 175.00 211.17 863.56 279.92 4,296.25 66,557.00 3,856.26 1,854.85 23,156.00 661.20 21.74 40.18 195.27 139.99 10.00 2,851.00 12,303.00 117.58 998.00 1,710.00 20,000.00 40.00 925.00 18.09 26,534.99 856.00 1,547.22 88,148.43 76.66 470.90 198,855.40 6,385.50 425.00 109,295.03 424.00 160.00 45,469.42 510.00 996.00 75.00 1,007.83 425.00 91.09 1 TRANS NBR 382278 382279 382280 382281 382282 382283 382284 382285 382286 382287 382288 382289 382290 382291 382292 382293 382294 382295 382296 382297 382298 382299 382300 382301 382302 382303 382304 382305 382306 382307 382308 382309 382310 382311 382312 382313 382314 382315 382316 382317 382318 382319 382320 382321 382322 382323 382324 382325 382326 382327 382328 382329 382330 382331 382332 382333 382334 382335 382336 382337 DATE 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 VENDOR ETTA LOPRESTI HENRY SMITH INTERNATIONAL ASSOCIATION OF KURT STEFFEN FORESTRY SUPPLIERS INC PINNACLE GROVE LTD VERO CLUB PARTNERS LTD SYMBIONT SERVICE CORP BRIDGESTONE AMERICAS INC SHRIEVE CHEMICAL CO SCOTT MCADAM CELICO PARTNERSHIP U S BANK NATIONAL ASSOCIATION RACHEL IVEY VAN WAL INC ELECTRONIC ACCESS SPECIALIST JOSEPH W VASQUEZ SYNAGRO-WWT INC SOUTHERN JANITOR SUPPLY INC M T CAUSLEY INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC MASTELLER & MOLER INC STAPLES CONTRACT & COMMERCIAL INC HEVERON GROUP INC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT THE SHORES RESORT & SPA GERELCOM INC RF CONCRETE CONSTRUCTION INC ORCHID ISLAND PROPERTY MGMT II INC SUNCOAST REALTY & RENTAL MGMT LLC NORTH CAROLINA CHILD SUPPORT PETER OBRYAN SONRISE VILLAS LTD JOHNNY B SMITH SUMMERLINS MARINE CONST LLC GATES HOUSE ENTERPRISES LLC GLOBALSTAR USA INDIAN RIVER RDA LP AAPMVR CORP LAZY J LLC TRADEWINDS POWER CORP NICOLACE MARKETING INC LARIAT ENTERPRISES INC WATERTRONICS TECHNICAL SERVICES WITTENBACH BUSINESS SYSTEMS INC ATLANTIC COASTAL LAND TITLE CO LLC ECMC OVERDRIVE INC BERMUDA SANDS APPAREL LLC AHS HOLDINGS GROUP LLC CYNTHIA M HURST PROMATIC INC ALAN JAY CHEVROLET CADILLAC MOORE MOTORS INC DAVID RATTRAY JOSHUA HARVEY GHIZ AMOUNT 278.27 40.00 360.00 175.00 96.44 500.00 50.00 272.00 3,324.07 8,103.53 41.00 3,016.54 944.69 158.00 1,260.00 84.51 75.00 82,234.86 2,121.33 26,488.00 2,000.00 1,113.35 57.50 404.90 19,039.00 118,910.29 299.36 303.42 169.30 402.00 29,344.06 6,000.00 1,400.00 10.00 105.69 46.37 10.00 100.00 42,237.50 70.95 188.87 10.00 1,000.00 10.00 51,799.00 2,195.03 2,264.02 12,534.50 263.00 85.00 287.44 2,448.51 483.00 10.00 3.00 103.95 86,984.00 56.83 728.60 8,726.44 2 TRANS NBR 382338 382339 382340 382341 382342 382343 382344 382345 382346 382347 382348 382349 382350 382351 382352 382353 382354 382355 382356 382357 382358 382359 382360 382361 382362 382363 382364 382365 382366 382367 382368 382369 382370 382371 382372 382373 382374 382375 382376 382377 382378 382379 382380 382381 382382 382383 382384 382385 382386 382387 382388 382389 382390 382391 382392 382393 382394 382395 382396 382397 DATE 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 VENDOR REPROGRAPHIC SOLUTIONS INC CREATIVE BUS SALES INC LOWES HOME CENTERS INC STEPHANIE WATCHEK FOUNTAIN TRUST CARDINAL HEALTH 110 INC MUNICIPAL EMERGENCY SERVICES INC PENGUIN RANDOM HOUSE LLC CARMEN LEWIS STRAIGHT OAK LLC DEBORAH CUEVAS FAMILY SUPPORT REGISTRY BERNARD EGAN & COMPANY AMERITAS FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW SYLIVIA MILLER HAWKINS INC ANFIELD CONSULTING GROUP INC SCRIPPS NP OPERATING LLC INNOVATIVE INTERFACES INC UNIFIRST CORPORATION JOHNSON-DAVIS INCORPORATED SCHUMACHER AUTOMOTIVE DELRAY LLC EGP DOCUMENT SOLUTIONS LLC NORTH AMERICAN OFFICE SOLUTIONS INC DOUG FLOOD AC VETERINARY SPECIALTY SERVICES COLTON PARKER JANICE L SPRINGER MATHESON TRI -GAS INC E M ENTERPRISES GENERAL CONTRACTORS INC PEOPLE READY INC AQSEPTENCE GROUP INC COLE AUTO SUPPLY INC OW INVESTORS LLC CANON FINANCIAL SERVICES INC FORERUNNER TECHNOLOGIES INC KONICA MINOLTA BUSINESS SOLUTIONS NORTH CAROLINA DEPARTMENT OF REVENUE BETH NOLAN THOMAS R PILIERO TOTAL ADMINISTRATIVE SERVICES CORP APTIM COASTAL PLANNING & ENGINEERING INC CORE & MAIN LP STEWART MATERIALS LLC INDIAN RIVER DOCKS LLC DJD EQUIPMENT HOLDINGS LLC ST HELENS CATHOLIC SCHOOL WATSON REALTY GROUP REXEL USA INC THERNELL MILLS OSBURN ASSOCIATES INC IMAGE ONE CORPORATION TETRA TECH INC JESSICA PHOTOGRAPHY & VIDEO INC. CONCORDANCE HEALTHCARE SOLUTIONS LLC RAMONA MURPHY AMAZON CAPITAL SERVICES INC HYDRO CONDUIT LLC VERONIQUE ORY STURIALE AMOUNT 225.00 140,460.00 2,553.36 10.00 634.41 1,082.14 439.20 260.00 53.95 40.00 9.66 43,170.00 27,653.56 202.00 10.00 1,337.00 217.50 10,000.00 478.00 12,281.20 1,336.68 639,979.02 992.28 261.65 3.45 101.00 45.00 60.00 300.00 7,740.53 8,015.00 9,081.22 2,752.48 3,123.11 93.12 245.63 44,562.39 653.80 83.04 75.00 65.00 757.12 4,621.07 3,146.08 2,212.67 31,680.91 35,824.34 5.35 20.00 10,318.02 40.00 13,419.60 897.00 7,387.50 675.00 1,287.65 27.00 870.82 30,720.00 30.00 3 TRANS NBR 382398 382399 382400 382401 382402 382403 382404 382405 382406 382407 382408 382409 382410 382411 382412 382413 382414 382415 382416 382417 382418 382419 382420 382421 382422 382423 382424 382425 382426 382427 382428 382429 382430 382431 382432 382433 382434 382435 382436 382437 382438 382439 382440 382441 382442 382443 382444 382445 382446 382447 382448 382449 382450 382451 382452 382453 382454 382455 382456 382457 DATE 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 VENDOR ELLIESE SHAUGHNESSY W&J CONSTRUCTION CORP PIRATE PEST CONTROL LLC COMMONWEALTH OF MASSACHUSETTS AMERIGAS PROPANE LP AMERIGAS PROPANE LP KANSAS PAYMENT CENTER LOUIS AGUDELO JORDAN POWER EQUIPMENT CORP TINA SMITH BRYAN CAVE LEIGHTON PAISNER LLP PLUM SYSTEMS INC CK CONTRACTORS & DEVELOPMENT LLC JAMES ROMANEK JOESEPH TESSIER AUTOMATED METAL PRODUCTS INC PROCON EXCELLENCE LLC JUDITH A BURLEY NETCENTRIC TECHNOLOGIES INC MICHAEL & HEATHER DENNINGER THOMAS CAMERANO TRUST RUSSEL BANZ MARY GALLAGHER 7 ELEVEN STORE 10379 MONICA GALLI MSA HOLDINGS LLC TAD STONE TAMMY ZALUCKY CONSTANTINOS TRAVIS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 81.20 306,740.37 103.00 154.00 948.46 2,113.84 219.69 25.00 785.67 139.00 65,848.60 481.00 326,943.40 170.00 300.00 1,350.00 2,500.00 44.00 1,590.00 2,493.90 50.00 100.00 2,058.78 2,930.18 375.00 4,984.21 304.86 108.00 400.00 23.26 62.19 58.30 53.58 72.66 45.57 139.16 73.88 41.72 79.94 6.12 114.43 30.51 50.00 67.48 85.17 65.83 35.58 31.64 81.93 71.61 45.86 48.28 42.58 63.46 84.30 35.39 41.40 35.52 68.49 32.89 4 TRANS NBR 382458 382459 382460 382461 382462 382463 382464 382465 382466 382467 382468 382469 382470 382471 382472 382473 382474 382475 Grand Total: DATE 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 38.80 73.54 51.02 73.36 34.65 62.61 71.51 32.21 4.76 29.73 37.55 86.23 26.23 74.51 23.82 34.73 11.07 44.38 2,999,455.49 5 TRANS. NBR 1015051 1015052 1015053 1015054 1015055 1015056 1015057 1015058 1015059 1015060 1015061 1015062 1015063 1015064 1015065 1015066 1015067 1015068 1015069 1015070 1015071 1015072 1015073 1015074 1015075 1015076 1015077 1015078 1015079 1015080 1015081 1015082 1015083 1015084 1015085 1015086 1015087 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 05/24/2019 05/24/2019 05/29/2019 05/29/2019 05/29/2019 05/29/2019 05/29/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 05/30/2019 VENDOR WASTE MANAGEMENT INC POLYDYNE INC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST BRIDGESTONE GOLF INC ROBINSON EQUIPMENT COMPANY INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC RING POWER CORPORATION APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP GALLS LLC MEEKS PLUMBING INC ABCO GARAGE DOOR CO INC GROVE WELDERS INC APPLE MACHINE & SUPPLY CO COMMERCIAL ENERGY SPECIALISTS TOTAL TRUCK PARTS INC COMO OIL COMPANY OF FLORIDA MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS COASTAL AUTOMOTIVE EQUIPMENT GREAT SOUTHERN EQUIPMENT CO METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC COMPLETE ALARM INC. AUTO PARTNERS LLC L&L DISTRIBUTORS RADWELL INTERNATIONAL INC TIGHT LINE PRODUCTIONS INC FPS OFFICE SOLUTIONS LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANYALYTICAL LLC AMOUNT 1,207.95 2,576.00 2,000.24 784.18 7,505.09 226.80 166.07 3,240.00 1,334.50 335.75 596.14 20.76 223.48 29.84 318.00 664.70 509.04 17.16 488.30 715.35 80.00 926.42 1,904.52 582.62 16,478.56 57.00 767.18 1,162.50 143.00 1,050.39 583.00 483.50 211.00 3,600.00 130.63 3,476.76 2,035.00 56,631.43 1 TRANS NBR 6809 6810 6811 6812 6813 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 05/24/2019 05/24/2019 05/24/2019 05/30/2019 05/30/2019 VENDOR AMOUNT SCHOOL DISTRICT OF I R COUNTY 9,218.74 FIDELITY SECURITY LIFE INSURANCE COMPANY 3,591.70 KIMLEY HORN & ASSOC INC 6,483.15 TOTAL ADMINISTRATIVE SERVICES CORP 11,947.59 INDIAN RIVER COUNTY TAX COLLECTOR 875.00 32,116.18 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer Mir/l/f SUBJECT: Recommendation of Final Payment of Work Order AA -1 to Andersen Andre Consulting Engineers, Inc. for Construction Material Testing and Monitoring Services for Osprey Acres Floway and Nature Preserve DATE: May 30, 2019 DESCRIPTION AND CONDITIONS On August 17, 2017, the Board of County Commissioners (Board) awarded a Work Order to Andersen Andre Consulting Engineers, Inc. for construction material testing and monitoring services for Osprey Acres Floway and Nature Preserve. The Work Order Amount is $86,505.00. There were no Change Orders. Andersen Andre's work is complete and its Final Invoice (No. A19-2750) for $3,505.00 is included as Attachment 1. To date, $79,735 has been paid under the Work Order and when the final invoice is added, the total amount paid will be $83,240 which is $3,265 less than the original estimated Work Order amount. FUNDING Funding for the final invoice in the amount of $3,505 is budgeted and available from Optional Sales Tax/Public Works/Osprey Acres Stormwater - Acct# 31524338-066510-16022. RECOMMENDATION Staff recommends the Board approve the Final Invoice (No. A19-2750). ATTACHMENTS Application for Payment No. 4 (Final). DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Division William K. DeBraal, Deputy County Attorney Andersen Andre Consulting Engineers, Inc. APPROVED AGENDA ITEM FOR JUNE 11, 2019 17 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C8ODBEB6\@BCL@C8ODBEB6.doc AACE Bill To: ANDERSEN ANDRE CONSULTING ENGINEERS, INC. 834 SW Swan Avenue Port St. Lucie, Florida 34983 Indian River County Public Works Engineering Depainent Stormwater Engineering Division 1801 25th Street Vero Beach, Florida 32960 Attn: Mr. Keith McCully, P.E. FINAL INVOICE Invoice No: A19-2750 Invoice Date: May 20, 2019 AACE Project No: 17-166 CONSTRUCTION MATERIALS TESTING OSPREY ACRES FLOWAY AND NATURE PRESERVE INDIAN RIVER COUNTY, FLORIDA IRC WORK ORDER No. AA -1 Invoice No. 12 (Services Performed from March 23, 2019 through May 17, 2019) FINAL INVOICE Technician and Engineering Hourly Charges Associated With Field Testing of Backfill, Liner Inspections, etc.: ► 03/28/19 - Sr. Engineering Technician - 2 hours @ $55.00/hour $110.00 ► 04/03/19 - Sr. Engineering Technician - 3 hours @ $55.00/hour $165.00 ► 04/04/19 - Sr. Engineering Technician - 1 hour @ $55.00/hour $55.00 ► 04/09/19 - Sr. Engineering Technician - 3 hours @ $55.00/hour $165.00 ► 04/11/19 - Sr. Engineering Technician - 2 hours @ $55.00/hour $110.00 ► 04/12/19 - Sr. Engineering Technician - 1 hour @ $55.00/hour $55.00 ► 04/17/19 - Sr. Engineering Technician - 1.5 hours @ $55.00/hour $82.50 ► 04/26/19 - Sr. Engineering Technician - 2.5 hours @ $55.00/hour $137.50 ► 04/29/19 - Sr. Engineering Technician - 3 hours @ $55.00/hour $165.00 ► 04/30/19 - Sr. Engineering Technician - 5 hours @ $55.00/hour $275.00 ► 05/02/19 - Sr. Engineering Technician - 2 hours @ $55.00/hour $110.00 Subtotal: $1,430.00 Concrete Testing: P. 04/25/19 - 1 set @ $85.00/set $85.00 Subtotal: $85.00 Laboratory Testing Services: ► LBR Tests; 3 tests @ $295.00/test [NOTE: 2 LBRs ARE RETESTS OF PREVIOUSLY FAILED TESTS .... $885.00 Subtotal: $885.00 Engineering Services, Site Meetings, Project Coordination, Review of Test Results, etc. P. Senior Project Engineer; 8 hours @ $110.00/hour $880.00 ► Technical Secretary; 5 hours @ $45.00/hour $225.00 Subtotal: $1,105.00 TOTAL INVOICE AMOUNT $3,505.00 Please remit payment within 30 days to: Andersen Andre Consulting Engineers, Inc. • 834 SW Swan Avenue • Port St. Lucie, Florida 34983 Please call (772) 807-9191 with any questions concerning payment. 18 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks & Conservation Resources Division CONSENT BCC Meeting 06.11.2019 Date: To: Thru: From: Subject: June 3, 2019 The Honorable Board of County Commissioners Michael C. Zito, Assistant County Administrator Beth Powell, Assistant Director, Park & Conservation Resources Award of Bid 2019049 — Oyster Bar Marsh Boardwalks and Observation Piers DESCRIPTIONS AND CONDITIONS: The Oyster Bar Marsh Conservation Area (OBM) is a 155 acre conservation area located on the barrier island just north of Round Island Riverside Park. The County entered into a partnership with the Indian River Land Trust (IRLT) on April 4, 2017, in order to develop public access improvements on the OBM and adjacent IRLT properties. As part of the agreement, the IRLT completed the engineering and architectural design of the public access improvements, including boardwalk structures to provide public access to the impoundment trail. County staff applied for a Florida Inland Navigation Waterways Assistance Program (WAP) grant in 2018 which was awarded and accepted by the Board of County Commissioners on April 20, 2018. Indian River County advertised and received bids for the Oyster Bar Marsh Conservation Area boardwalks and observation pier in May 2018. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: May 6,2019 May 30, 2019 362 Subscribers 19 Plan Holders 2 Vendors FIRM Location Total Bid Price Live Flyer, Inc. Ormond Beach $448,626.00 Summerlin's Marine Const. Ft. Pierce $194,650.00 ANALYSIS: The department has determined Summerlin's Marine Construction to be the lowest responsive and responsible bidder. Summerlin's has completed numerous projects successfully for the County. It is anticipated that the project will commence 90 days after receiving notice to proceed and County building permits. FUNDING: On December 4, 2018, the Board of County Commissioners approved an update to the 5 Year Capital Improvements Program for the period of FY 2018/19-2022/2023. Within this plan, $165,000 was identified for FY2018/19 to be funded from the Optional Sales Tax with additional grant funding provided by the Florida Inland Navigation District (FIND) in the amount of 19 $120,000. The table below depicts the awarded funding breakdown from FIND with the County's adjusted match for the proposed boardwalks/observation pavilion. Improvement FIND County Match Total Boardwalks/Observation Pavilion $97,500.00 $97,500.00 $195,000.00 The bid to be awarded is within the budgeted amount provided in the CIE and will be funded from GL Account Number 31521072-066390-18009 - Oyster Bar Marsh Trail Parking and Boardwalk Improvements. RECOMMENDATION: Staff recommends that the Board award bid number 2019049 to Summerlin's Marine Construction in the amount of $194,650. Staff further recommends that the Board approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. ATTACHMENTS: Sample Agreement — Bid Number 2019049 APPROVED AGENDA ITEM FOR JUNE 11, 2019 20 @BCL@F80DB941.docx Sample Agreement 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 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Procurement, Mobilization, Transport to Site, and Installation of Saltmarsh Wetland Materials ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Jones Pier Saltmarsh Wetland Plants Bid Number: 2019038 Project Address: 7770 Jungle Trail, Vero Beach, FL 32963 ARTICLE 3 - CONTRACT TIMES 3.01 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 specifications are of the essence of the Agreement. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, 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 Documents: Numerical Amount: $ Written Amount: 1 21 @BCL@F80DB941.docx ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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 Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, 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 affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to 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 2 22 @BCL@F80DB941.docx procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. 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. F. 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. G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to_, inclusive); (2) Notice to Proceed (3) Certificate(s) of Liability Insurance (4) Invitation to Bid 2019038 (5) Addenda (numbers_to_, inclusive); (6) CONTRACTOR'S Bid Form (pages _ to,, inclusive); (7) Bid Bond (pages _ inclusive); (8) Bidders Questionnaire (pages _ to , inclusive); (9) Drug Free Workplace Form (pages _ to , inclusive) (10)Affidavit of Compliance (page _); 3 23 @BCL@F80DB941.docx (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _ to _, inclusive); (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (13) Certification Regarding Lobbying (14) 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). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but 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. 9.03 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. 9.04 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. 9.05 Venue 4 24 @BCL@F80DB941.docx A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 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 Iawforthe 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 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@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 5 25 @BCL@F80DB941.docx Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 6 26 @BCL@F80DB941.docx F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 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. 7 i 27 @BCL@F80DB941.docx This Agreement will be effective on , 20_ (the date the Agreement 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: Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email 8 Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 28 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater EngineerHI7j/A SUBJECT: Recommendation of Release of Retainage for the Replacement of Conveyor Systems at the PC Main Screening System DATE: May 29, 2019 DESCRIPTION AND CONDITIONS On June 5, 2018, the Board of County Commissioners (Board) awarded a construction contract to Costello Brothers Marine Construction to replace PC Main Screening System's failing conveyor systems. The contract amount is $586,236.60. There were no Change Orders. Construction is complete and the facility is operational. Application for Payment No. 4 (Final) for release of retainage is $29,311.83, which will bring the total amount paid to $586,236.60. FUNDING The retainage funds in the amount of $29,311.83 are available from Account No. 315-206000- 16001 Optional Sales Tax Funds/Public Works/PC Main Relief Canal Upgrade/Retainage-Costello Bros. Marine. RECOMMENDATION Staff recommends the Board approve Application for Payment No. 4 (Final) for release of retainage withheld during construction. ATTACHMENTS Application for Payment No. 4 (Final) is available in the Indian River County Public Works office for review during normal business hours. DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR JUNE 11, 2019 29 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280EBC5B\@BCL@280EBC5B.doc ATTACHMENT 1 SECTION 00622 - CONTRACTOR'S APPLICATION FOR PAYMENT PC MAIN SCREENING SYSTEM CONVEYOR REPLACEMENT (FINAL) Application for Payment No. 4. For Work Accomplished through the period of April 30, 2019 through May 20, 2019. To: Indian River County (OWNER) From: Costello Brothers Marine Construction, Inc. (CONTRACTOR) ENGINEER: Indian River County Public Works Department, Stormwater Division 1. Original Contract Price: $586,236.60 2. Net change by Change Orders and Written Amendments (+ or -): 2.a Change Order No. 1 $ 2.b Change Order No. 2 $ 2.c Change Order No. 3 $ 2.d Change Order No. 4 $ 2.e Total change in Contract Price (2.a + 2.b + ... 2.n) $0 3. Current Contract Price (1 plus 2e): $586,236.60 4. Total Work to date: 4.a Percentage of Work completed to date: 100% 4.b Total Work completed to date: $586,236.60 5. Retainage: 5.a 5% of completed Work (0.5 x 4.b): $29,311.83 6. Total Work completed Tess retainage $556,924.77 (4.b minus 5.a): 7. Total Amount of Previous Payments: $556,924.77 8. AMOUNT DUE THIS APPLICATION (6 minus 7): $29,311.83 NOTE: The OWNER does not pay for stockpiled equipment or material. CONTRACTOR's current mailing address: Costello Brothers Marine Construction, Inc. PO Box 711 Lake Placid, FL 33862 Last Revised 6/20/2017 Attachment 1 30 00622 - 1 F:\Public Works\KeithM\Stormwater Projects\Main Relief Canal Operation12015-2016 Modifications\Agenda Items\Conveyors\Attachment 1.doc Rev. 05/01 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's specific legitimate obligations associated with prior Applications for Payment. This certification includes, but is not limited to the following statements of fact: (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 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; 2. Updated Construction Schedule per Specification Section 01310, Under oath, I swear that the foregoing statements are true. Dated: May 21, 2019 By: (CONTRACTOR — must be signed by an Officer of the Corporation) Andrew E. Costello / President Print Name and Title STATE OF FLORIDA - COUNTY OF Highlands Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Andrew E. Costello, who being by me first duly sworn upon oath, says that he/she is the President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 21st day of May, 2019. Andrew E. Costello is personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: _Debra Lynn Falls Commission No.: GG 206329 Commission Expiration: April 11, 2022 **************************************************************************************************** Last Revised 6/20/2017 Attachment 1 00622 - 2 F:\Public Works\KeithM\Stormwater Projects\Main Relief Canal Operation V015-2016 Modifications\Agenda Items\ConveyorsWltachment 1.doc Rev. 05/01 31 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, The Gray Insurance Company, PO Box 6202, Metairie, LA 70009-6202, a corporation, in accordance with Public Construction Bond Number GSM 36577, 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: Susan L. Reich STATE OF FLORIDA COUNTY OF INDIAN RIVER The Gray Insurance Company Corporate Surety PO Box 6202 Metairie, LA 70009-6202 Business Address BY: Print Name: Gloria A. Richards Title: Attorney -In -Fact & FL Licensed Resident Agent (407) 786-7770 (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Gloria A. Richards, to me well known or who produced as identification, who being by me first duly sworn upon oath, says that she is the Attorney -In -Fact for The Gray Insurance Company and that she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 22nd day of May, 2019. Notary Public, State of Florida, Teresa L. Durham My Commission Expires: February 22, 2023 **************************************************************************************************** [The remainder of this page was left blank intentionally] Last Revised 6/20/2017 Attachment 1 32 00622 - 3 F:\Public Works\KeithM\Stormwater Projects\Main Relief Canal Operation\2015-2016 Modifications\Agenda Items\Conveyors'Attachment 1.doc Rev. 05/01 CERTIFICATION OF OWNER'S CONSTRUCTION OBSERVER: To the best of my knowledge and belief: the Work has progressed to the point indicated on this Application for Payment; the quality of the Work is generally in compliance with the Contract Documents; and the conditions precedent to the CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is my ability to observe the Work. 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 SIGNATURE CERTIFICATION OF ENGINEER: To the best of my knowledge and belief: the Work has progressed to the point indicated on this Application for Payment; the quality of the Work is generally in compliance with the Contract Documents; and the conditions precedent to the CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is my ability to observe the Work. 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 SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Last Revised 6/20/2017 Attachment 1 00622 - 4 F:\Public Works\KeithM\Stormwater Projects\Main Relief Canal Operation\2015-2016 Modifications\Agenda Items\Conveyors\Attachment 1.doc Rev. 05/01 33 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): All subcontractors have been paid in full. Final release of lien is attached. 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): + + END OF SECTION + + Last Revised 6/20/2017 Attachment 1 00622 - 5 F:\Public Works\KeithM\Stormwater Projects\Main Relief Canal Operation\2015-2016 ModificationsWgenda Items \Conveyors\Attachment 1.doc Rev. 05/01 34 PC MAIN SCREENING SYSTEM CONVEYOR REPLACEMENT COSTELLO BROTHERS MARINE CONSTRUCTION, INC. PAY REQUEST NO. 4 - FINAL = Manual Input BLUE text or numbers = Automatically Calculated Original Contract Amount = 586,236.60 Total Current Contract Amount = Cumulative Amount Invoiced (induding retainage) = Percent Retainage (decimal) _ $586,236.60 5586,236.60 0.05 Item Description Quantity Unit Unit Price Contract Amount (5) Cumulative Quantities From Previous Invoices New Quantities This Invoice Total Quantities (G+H) Cumulative Amount (5) From Previous Invoices Including Retainaan Amount (5) of This Invoice Including Retainage Cumulative (5) Amount Now Invoiced Including Retainage (J+K) Balance (5) to Finish (F -L) Complete (LIF) Retainage Withheld Total Retainage Withheld (5) 1.0 GENERAL ITEMS _ 1.01 Mobilization/Demobilization 1 LS 510,000.00 10,000.00 1.00 0.00 1 10,000.00 0.00 10,000.00 0.00 100.0 0.05 500.00 1.02 Public Construction Bond 1 LS 520,739.60 20,739.60 1.00 0.00 1 20,739.60 0.00 20,739.60 0.00 100.0 0.05 1,036.98 1.03A General Liability Insurance 1 LS 57,200.00 7,200.00 1.00 0.00 ' 1 7,200.00 0.00 7,200.00 0.00 100.0 0.05 360.00 1.03B Automobile Liability Insurance 1 LS $1,477.00 1,477.00 1.00 0.00 1 1,477.00 0.00 1,477.00 0.00 100.0 0.05 73.85 1.03C Excess Liability Insurance 1 LS 50.00 0.00 0.00 0.00 _ 0.00 0.00 #DIV/0! 0.05 0.00 1.03D Workers Compensation and Employers' Liability Insurance 1 LS $11,420.00 11,420.00 1.00 0.00 1 11,420.00 0.00 11,420.00 0.00 100.0 0.05 571.00 1.03E Builders' Risk -All Risk' Insurance 1 LS 50.00 0.00 0 0.00 0.00 0.00 0.00 #DIV/0! 0.05 0.00 2.0 CONVEYOR REPLACEMENT ___ __ 2.1 Remove and dispose existing Conveyor System 1 1 LS 542,475.00 42,475.00 1.00 0.00 1 42,475.00 0.00 42,475.00 0.00 100.0 0.05 2,123.75 2.2 Remove and dispose existing Conveyor System 2 1 LS $42,475.00 42,475.00 1.00 0.00 1 42,475.00 0.00 42,475.00 0.00 100.0 0.05 2,123.75 2.3 Install new Conveyor System 1 1 LS 5225,225.00 225,225.00 1.00 0.00 1 225,225.00 0.00 225,225.00 0.00 100.0 0.05 11,261.25 2.4 Install new Conveyor System 2 1 LS 5225,225.00 225,225.00 1.00 0.00 1 225,225.00 0.00 225,225.00 0.00 100.0 0.05 11,261.25 TOTALS 5586,236.60 5586,236.60 $0.00 5586,236.60 50.00 100.0 $ 29,311.83 (NUMBERS FOR SECTION 00622 - "CONTRACTOR'S APPLICATION FOR PAYMENT': CONTINGENCY AMOUNT = l $0.00 j 1 ORIGINAL CONTRACT PRICE _ TOTAL CHANGE IN CONTRACT PRICE CURRENT CONTRACT PRICE = TOTAL WORK COMPLETED TO DATE = RETAINAGE TOTAL WORK COMPLETED LESS RETAINAGE _ PREVIOUS PAYMENTS = AMOUNT DUE THIS APPLICATION = $586,236.60 $0.00 $586,236.60 5586,236.60 $ 29,311.83 5556,924.771 5556,924.77 529,311.83 % OF WORK COMPLETED TO DATE = 0.0 = ("Total Work Completed and Stored To Date Less Retainage" from previous Pay Request) 35 Consent Agenda Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 28, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Work Order No. 14 with Kimley Horn for Bulk Acid Tank Replacement at North (Hobart) County Water Plant Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates the North (Hobart) County RO Water Treatment Plant (WTP) located at 7757 58th Avenue, Vero Beach. Hobart was built in 1998 and expanded in 2007. As part of the 2007 expansion, a 16,000- gallon sulfuric acid tank was installed for daily water production. Typical service life for this type of a tank is 10-15 years. Therefore, the Hobart tank is nearing its useful life and needs to be replaced. Analysis: In April 2019, staff requested Kimley Horn submit a proposal for professional engineering services to review existing tank, piping and provide options for replacement of the tank. As part of the proposal, Consultant will also review acid consumption and the potential for a reduction in usage and subsequent storage capacity. Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018, Kimley-Horn submitted a proposal for design, bidding assistance and construction management services. Kimley-Horn has submitted Work Order No. 14, which includes professional services for review, design, bidding and construction phase assistance to replace the existing sulfuric acid tank. The total negotiated cost for the professional services is a sum amount of $ 21,710.00. The engineer's estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 14 is approximately $130,000.00. Funding: Funds for this project are derived from the renewal and replacement budget in the operating fund. Operating funds are generated from water and sewer revenues. A request to roll forward the funds to cover any construction not completed by September 30, 2019, will follow at fiscal yearend. Description Account Number Amount NWTF Acid Tank Replacement 47123536-044699-19560 $151,710.00 36 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 14 with Kimley-Horn, in the amount of $21,710.00, for professional services to include design, bidding and construction phase assistance to replace the existing sulfuric acid tank at the North (Hobart) County Water Treatment Plant, and authorize the Chairman to execute said work order on their behalf. Attachment(s): 1. Work Order No.14: Bulk Acid Tank Replacement C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ DOOD8F20\@BCL@ DOOD8F20.docx 37 CCNA2018 WORK ORDER 14. BULK ACID TANK REPLACEMENT AT HOBART WATER TREATMENT PLANT This Work Order Number 14 is entered into as of this 11th day of June, 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (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 C (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: By: Printed Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 38 EXHIBIT #1 Work Order Number 14 Bulk Acid Tank Replacement At Hobart Water Treatment Plant PROJECT UNDERSTANDING The existing bulk acid tank is more than 10 years old and at the end of its service life, and therefore, replacement of the tank is necessary. Since the acid demands have been reduced in the feed water with the use of alternative scale inhibitors, a smaller sized bulk tank is suggested. Associated piping and containment coatings should also be addressed as part of the tank replacement. The scope of work consists of review and inspection of the existing tank conditions and site, preparation of design plans and specifications for a new tank and associated supply piping, coordination with FDEP, and bidding. SCOPE OF SERVICES Task 1: Review Existing Conditions Consultant will review existing tank and piping at the North Hobart Road plant and evaluate options for a replacement tank. Consultant will develop a phasing plan to allow replacement of the existing tank without interrupting service. Consultant will also review acid consumption and the potential for a reduction in usage and subsequent storage capacity. Task 2: Design Plans and Specification Consultant will prepare plans and specifications for a replacement tank. Plans will consist of a site plan, tank supports, piping, tie-in details, and general details. Photos may be used to depict details. It is anticipated that approximately four (4) drawings will be prepared. Specifications will be prepared and consist of the replacement tank, associated piping, coating of existing containment area, and demolition of existing tank. Consultant will provide 90% plans and specifications for review and comment as well as final plans and specifications for construction. Drawings will be provided in electronic (Pdf — portable document format) form. Task 3: Coordination Consultant will prepare a letter of notification to Florida Department of Environmental Protection (FDEP) regarding tank replacement. It is assumed that a FDEP permit is not required for the tank replacement, but that justification for a reduced size tank will be necessary. 39 Consultant will answer questions from contractors regarding the scope of work during the price proposal phase. Consultant will review one set of shop drawings on the tank and piping during the construction phase of the project. TIME SCHEDULE Services for Tasks 1 through 3 are anticipated to be completed within 3 weeks of notice to proceed. Task 4 will be concurrent with project construction and is anticipated to be completed within 6-8 months, depending on contractor's schedule. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley- Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task No. Task Task Fee Task 1 Review Existing Conditions, Phasing Plan $ 3,300 Task 2 Design Plans and Specifications $ 14,360 Task 3 Coordination $ 4,050 TOTAL LUMP SUM FEE $ 21,710 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: • Construction phase services not included under this task order, but can be prepared if needed after bidding. • Permitting, including preparation of permit application and supporting information is not believed to be necessary, and therefore not provided. Tank replacement is strictly considered maintenance. 40 ESTIMATE FOR ENGINEERING SERVICES PROJECT: Hobart WTP Acid Tank Replacement CLIENT: Indian River County Utilities ESTIMATOR: MDM DESCRIPTION: DIRECT LABOR (MAN-HOURS 5/1/2019 Review existing, prepare documents, coordination PRINC SEN PROF REG PROF JUFH DES/P2 (TS/NB) CLKP1 EXP SUB Dir Exp LINE TOTAL NO TASK 1 2 3 ' REVIEW EXISTING CONDITIONS Site visit 4 4 $200 50 $1,790 Review plans 2 4 4 56 $1,510 DESIGN PLANS & SPECS Prepare drawings w/photos 4 16 48 4 $200 438 $9,402 Prepare specs 10 8 113 $2,381 Review comments 4 6 4 2 125 $2,577 COORDINATION Finalize bid docs 4 6 6 90 $1,896 Coordination with purchasing 4 2 39 $831 Answer questions 2 4 2 61 $1,323 TOTAL HOURS 16 0 52 58 28 400 972 $21,710 LABOR ($/HOUR) 235 225 150 105 96 $0 $0 SUBTOTAL 3760 0 7800 6090 2688 400 $20,738 $0 41 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: May 21, 2019 SUBJECT: TRANSMITTAL HEARING: County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2019. DESCRIPTION AND CONDITIONS On December 4, 2018, the Board of County Commissioners (BCC) held a public hearing to consider an agenda item for the annual update of the Capital Improvements Element of the County's Comprehensive Plan. As part of that item staff requested and the BCC authorized staff to initiate amendments to the Capital Improvements Element and the Transportation Element (Attachment 2). The purpose of this amendment is to update policies and text in those elements to recognize changed transportation related conditions discussed at the December 4, 2018 BCC meeting. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the January 2019 window, and was the only application submitted during that window. 421 The procedures for reviewing a comprehensive plan amendment involve three basic steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to review the request (step 1). At the public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request (step 2). At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted (step 3). If the Board approves the request at the final hearing (adoption hearing), then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of April 25, 2019, the Planning & Zoning Commission (PZC) conducted a public hearing, considered the subject amendment, and voted 6-0 to recommend that the Board of County Commissioners approve the proposed amendment (Attachment 3). Board Transmittal Public Hearing The subject "transmittal" public hearing is the second step in the Comprehensive Plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendments to the Capital Improvements Element and the Transportation Element to state and regional review agencies. If the Board votes to transmit this amendment, it will be scheduled for a final Board hearing (adoption hearing) in September or October. Proposed Amendment Changes proposed to the Capital Improvements Element (CIE) primarily involve amending text and amending policies to adjust LOS (level of service) capacity on an interim basis for two roadways (37th Street and County Road 510), and amending concurrency management text related to individual single family home permits. Current comprehensive plan language exempts from concurrency review only single family building permits in subdivisions platted before February 13, 1990, and requires a separate concurrency review for each single-family permit application proposing development on lots created after February 13, 1990. Under the proposed amendment, development on individual single family lots in all subdivisions and on individual legally created single-family parcels will be exempt from concurrency review on a permit by permit basis, with each permit deemed a de minimus impact. Also, under the proposed amendment, traffic impacts 432 from single-family permits will be tracked in the aggregate and factored into development project traffic impact studies as well as the County's CIE Element annual updates. Changes proposed to the Transportation Element involve changing. target dates for policy completion, deleting outdated policies, updating items relating to the most recently approved Long Range Transportation Plan adopted by the MPO, removing/revising out-of-date references, adding language to allow for greater flexibility for transportation related improvement designs, adding language to allow for more detailed determinations for segment -specific roadway capacity, and amending text and policies to adjust LOS capacity on an interim basis for two roadways (37th Street and County Road 510) consistent with parallel changes proposed in the CIE. For each proposed change, the following table identifies the policy #, objective #, whether the change is to the non -policy text portion of the plan, the associated page proposed for amendment, and a brief description of the proposed change. Proposed Comprehensive Plan Changes Element Policy #, Objective #, Text Summary Page # • What the change is CIE Policy 1.12 Approval of the Indian River County School District Five Year Facilities 52 The year 2018 is incorrectly referenced. Replace "2018" with Work Plan "2019" CIE Policy 3.5 Concurrency Management Level of 53- Change the adopted LOS standard for Service Standards listed. 55 CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. Transportation Policy 1.1 Traffic LOS Standards 158 Same changes as with CIE Policy 3.5 (above) Includes a definition for "Development Project" 159 Removal of "building permit approval for single family development" as a type of a development project. Description of how "Capacity" is calculated for roadways. 160 Modify to allow for appropriate road capacity adjustment factors to state road categories of the appropriate tables in the most current version of Transportation Policy 1.4 Florida's Level of Service Handbook. Also modify the list of alternative options for determining roadway capacity, to include any generally accepted capacity determination methodology approved by the Public Works Director. Inclusion in the County's concurrency management system of 160 Change time period reference of the County's Schedule of Capital 443 Element Policy #, Objective #, Text Summary Page # What the change is added capacity of certain roadway projects listed in the County's Schedule of Capital Improvements. Improvements Plan to reflect current practice from a "Seven" year plan to a "Five" year plan and correct related reference to allowing use of capacity from roadway projects listed within the first three years of a five year schedule. Transportation Policy 1.6 Time period for reviewing and updating the traffic impact fee schedule. 162 Change to be consistent with the County's recently modified impact fee ordinance to make it a requirement to update the impact fee schedule at least once every five years. Transportation Policy 1.7 Imposition of all or part of the one to five cent local option gas tax. 162 Change from requiring that the County impose by 2015 part or all of the tax, to the County shall consider imposing all or part of the tax by 2023. Transportation Policy 1.10 Requirement that the County through its land development regulations establish various transportation related design standards. 162 Change the design standard requirement of "Provision of Service roads" to "Provision of Service roads or other means of shared access and interconnections" to reflect current code and practice. Transportation Policy 1.11 Requirement that the County will periodically review its off-street parking requirements 162 Change requirement that parking be based upon information from "parking studies" to "ITE (Institute of Traffic Engineers) parking data and parking studies". Transportation Policy 1.12 County adoption of 2030 Cost Feasible Plan project list. 163 Change reference to "2030" Cost Feasible Plan to "2040" Cost Feasible Plan to reflect adopted 2040 LRTP. Transportation Policy 2.4 County's development of ITS (Intelligent Transportation System) infrastructure consistent with FDOT and national ITS architectural standards. 163 Spell out the abbreviation so that it reads "ITS (Intelligent Transportation System)" Transportation Policy 2.5 Requirement to review proposed development projects to ensure shared access, including frontage/marginal access roads. 163 Update to state that "other means of shared access and interconnections" besides frontage/marginal access roads are allowed. Transportation Objective 3 By 2025 the County will have acquired right-of-way needed for all county collector and arterial roads and all mass transit corridors within the urban area as identified in the 2030 Cost Feasible Plan. 164 Change completion date for objective to "2035". Change the year reference of the Cost Feasible Plan from "2030" to "2040". Transportation Policy 3.1 Adoption of minimum right-of-way standards for various types of roads. 164 Add new text to allow minimum right - of -way standards to be modified based upon a roadway design approved or 454 Element Policy #, Objective #, Text Summary Page # What the change is used by the public works director, or by FDOT, provided drainage is adequately handled. Transportation Policy 5.5 Coordination of mitigation of impacts of airports upon natural resources and land uses. 167 Correct typographical error to replace the word "form" with the word "from" Transportation Policy 6.2 Coordination with FDOT to review various standards for physical roadway development activities. 168 Change the requirement to schedule "regular" meetings with FDOT officials to meetings "as needed". Transportation Policy 6.4 Establishment of a Traffic Operations subcommittee of the MPO Technical Advisory Committee to cooperatively develop solutions to operational issues between jurisdictions. 168 Delete policy; separate committee eliminated; not necessary to address operational issues. Transportation Policy 6.5 Coordination with Workforce Solutions of the Treasure Coast and other organizations and entities to develop regional TDM programs. 168 Re -number to Policy 6.4. Update to include changed name of "Workforce Solutions of the Treasure Coast" to "CareerSource Research Coast". Transportation Policy 6.6 Participation in Regional Transit Authority activities 168 Re -number to Policy 6.5. Transportation Policy 6.7 Coordination with FDOT and Florida East Coast Railroad on future passenger rail service. 168 Re -number to Policy 6.6. Transportation Policy 10.1 Implementation of transportation improvements identified in the 2030 Cost Feasible Plan. 171 Change reference to "2030 Cost Feasible Plan" to "2040 Cost Feasible Plan" to reflect adopted LRTP. Transportation Text Table of Contents 2 - 4 Updated based on edits to element Transportation Text References to various transportation related plans 5 Updated to include the most current dates for the various plans. Transportation Text 2030 Cost Feasible Plan ---- Changed references to "2030" Cost Feasible Plan to "2040" Cost Feasible Plan. Numerous related text changes to account for differences between the two plans. Transportation Text Various Maps ---- Updated various maps including 2040 Transportation Plan Urban Service Area map, Number of Lanes and Road Type map, 2040 E + C Roadway Deficiencies, Existing Transportation jurisdictional responsibility map, Existing Roadway LOS map, Rail and Water Transportation Facilities map, Major Trip Generators map, Cost - Feasible Improvement map, Future 465 Element Policy #, Objective #, Text Summary Page # What the change is Bicycle and Pedestrian maps, transit route maps, and transit needs map. Transportation Text Various outdated references ---- Updated text throughout the entire Transportation Element to remove and replace text to reflect completed projects/activities with newer information Transportation Text Various statistical data and monetary figures ---- Updated statistical data and monetary figures throughout. Transportation Text Table 4.1 Existing and Committed 20 - Updated table based on new Roadways 21 information Transportation Text Landscape Improvements 34 Updated north county trail limits. Transportation Text Bicycle/Pedestrian 34- Updated bike/pedestrian LOS 35 Transportation Text Location of GoLine transfer station 36 Updated to recognize completion of the 166 Street Main Transit Hub.in April 2017. Transportation Text Table 4.3A - Transit Quality and 37 - Removed old table and inserted Level of Service table 38 new/updated table. Transportation Text Table 4.4 — Transportation Service 53 Removed outdate table. Providers Transportation Text Major Trip Generators map and list 63 - Updated with new data. 64 Transportation Text Table 4.5 — Journey to Work 65 Updated table with new data. Characteristics Transportation Text Discussion of Level of Service 72 - Updated LOS description with recent (LOS) on various major roadways. 73 information. Inserted discussion of segments of CR 510 and 37th Street that are currently exceeding LOS "D" and the solution to set the LOS of those segments at LOS "D +20%" as an interim measure until planned road improvements are completed. Transportation Text Table 4.6 - Socioeconomic Data 77 - Removed table and inserted new table Summary 78 from 2040 Long Range Transportation Plan Transportation Text Table 4.7 — 2030 Potentially 83 - Removed old table from 2030 plan and Deficient Roadways 90 inserted new table from 2040 plan. Transportation Text 2030 Long Range Transportation Plan (LRTP) discussion to adopt all or part of the Enviromnental Land 91 Removed as part of 2040 LRTP updates. Management Study one to five cent local option gas tax. Transportation Text Text under the "Prioritization of 91 — Updated with 2040 LRTP information. Needs Plan Improvements" section. 99 476 Element Policy #, Objective #, Text Summary Page # What the change is Transportation Text LOS alternatives for roadways exceeding LOS "D" 95 Added segments of CR 510 and 37th Street as LOS D +20% Transportation Text Table 4.7.2 — 2030 Needs Plan 103 — Replaced 2030 Needs Plan Improvements 105 Improvements table with 2040 Needs Plan Improvements table. Transportation Text Table 4.8A — Capital Revenues by 115 Updated with new table from 2040 Planning Horizon LRTP Transportation Text Table 4.8B — Operating and 116 Updated with new table from 2040 Maintenance Revenues by Planning LRTP Horizon Transportation Text Table 4.9.1 — Improvements and 116 — Updated with "2040 Needs Projects" Needed Right -of -Way 125 table from 2040 LRTP Transportation Text Table 4.9.2 — Highway Evaluation 125- Updated with new table from 2040 Table 126 LRTP Transportation Text Table 4.9.3 — Cost Affordable 126 — Updated with new table from 2040 Projects Listing 128 LRTP Transportation Text Table 4.9.4 Programmed Capital 129 — Removed outdated table. Improvement Projects 135 ANALYSIS Nineteen (19) policies, 1 objective, and various texts of non -policy sections in the two elements of the county's comprehensive plan are proposed to be revised. The proposed changes are shown in st�-i� gn=u and underline format (attachment #4) and analyzed below. • Capital Improvements Element Policies 3.5, 1.12, and Concurrency related text edits Policy 3.5 Planning staff, in conjunction with Public Works staff, have requested that Policy 3.5 of the Capital Improvements Element, and a related policy in the Transportation Element (discussed under the Transportation Element Policy subsection of this analysis) be revised. The current Policy 3.5 establishes a Level of Service Standard for traffic circulation for concurrency management purposes as Level of Service D during peak hour, peak season, peak direction conditions on all TRIP funded '; roads as well as all freeway, arterial, and collector roadways, with the exception of two roads that are set at E + 20% (27th Avenue from South county line to State Road 60 and 43`d Avenue from Oslo Road to 16th Street). Those exceptions were instituted during the development boom of the mid 2000's based upon a policy decision to not widen those roads to 4 lane facilities. No changes are proposed to those two exceptions. Currently, there are two additional roadway segments within the County's concurrency management system that are experiencing or will soon experience capacity issues at LOS D. Those are County Road 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard. In both instances, roadway improvement projects are planned to 48 7 significantly increase capacity for both segments; however, those projects are not anticipated to be undertaken for some time beyond the allowed 3 year "funded for construction" window for counting future roadway capacity for concurrency purposes. In the case of CR 510, FDOT is undertaking a massive $80+ million widening project from CR 512 to US 1 and that project, due to its scale and cost, will take several years to complete and may be constructed in phases. In the case of 37th Street, an alternative capacity producing project involving the extension of Aviation Blvd to 37th Street and to 41St Street is being pursued as a better alternative to 4-laning 37th Street. The Aviation Blvd. extension project will require right-of-way acquisition and will take several years to complete. Since those two roadway projects will be undertaken beyond the 3 year window, an interim measure level of service of D + 20% is proposed for those roadway segments, with a reverter clause for those segments to be re -adjusted to LOS D after the planned roadway improvement projects are complete. For CR 510, this means adjusting the LOS from 880 peak hour, peak season, peak direction trips to 945 peak hour, peak season, peak direction trips between 66th Avenue and 58th Avenue and to 1109 peak hour, peak season, peak direction trips between 58th Avenue and U.S. Highway 1. For 37th Street this means adjusting the LOS from 880 peak hour, peak season, peak direction trips to 992 peak hour, peak season, peak direction trips between U.S. Highway 1 and Indian River Boulevard. At completion of the planned improvements for both roadway segments, available capacity will exceed conditions under the interim D +20% thresholds. As proposed, the revision to Policy 3.5 will allow the County to continue to approve development proposals that would impact either or both of the roadways, recognizing that any added trips to those roadways from such development completed in the future would soon be addressed by the planned roadway projects. Policy 1.12 For Policy 1.12 of the CIE, a minor typographical error for a referenced year will be corrected. No substantive change is proposed for this policy. Text Edits With respect to concurrency related text edits, those proposed edits will exempt individual single family permits from concurrency review. Current County regulations exempt building permits for single-family homes on lots within subdivisions that existed prior to adoption of the Comprehensive Plan in 1990. The proposed amendment will treat all single family permits equally. Under the amendment, traffic impacts from individual homes will be tracked in the aggregate and anticipated trips from single-family permits will be included in development project traffic studies to ensure proper evaluation of impacts. Aggregate impacts will also be evaluated by staff each year in its evaluation and review of the CIE and the 5 year capital improvement program schedule. The proposed text revisions will simplify the building permit process for individual single family permits, making the process consistent for all single family permits regardless of location, while at the same time tracking and accounting for anticipated impacts. In the future, these text changes will need to be reflected in an update to the LDR Chapter 910 concurrency regulations. 498 • Transportation Element Policies 1.1, 1.4, 1.6, 1.7, 1.10, 1.11, 1.12, 2.4, 2.5, 3.1, 5.5, 6.2, 6.4, 6.5, 6.6, 6.7, 10.1, Objective 3, and various text, maps, and tables. Policy 1.7 Metropolitan Planning Organization staff identified one policy (policy 1.7) and one objective (Objective 3) that need extended completion dates. The proposed change to Policy 1.7 will delete reference to imposing all or part of the one to five cent local option gas tax from the year 2015 to the year 2023 and changes the imposition from a "mandate" to an item of Board consideration, consistent with the adopted 2040 Long Range Transportation Plan. The 2023 date for consideration will be well-timed for the 2024 impact fee update. The proposed change to Objective 3 shifts the acquisition deadline of County right-of-way for various roadways and mass transit corridors from 2025 to 2035. This change makes the objective consistent with the adopted 2040 Long Range Transportation Plan. In addition to being consistent with the 2040 Long Range Transportation Plan, both changes also reflect more reasonable timeframes to implement the policy and the objective. Policy 1.1 Proposed changes to Policy 1.1 will make this policy consistent with proposed changes to Policy 3.5 of the Capital Improvements Element (discussed above). Those changes deal with the assignment of LOS D + 20% to segments of County Road 510 and 37th Street as an interim measure in recognition of delays in planned and funded major capacity improvement projects for those two roadway segments. Other Policies Staff also identified additional policies that need updates to reflect changed circumstances with County regulations and/or procedures that are currently being followed. Policies 1.4 and 1.6 are proposed to be revised to be consistent with County policies in other Comprehensive Plan elements and/or ordinances. Proposed changes to Policy 1.4 will correct the time period that the County's schedule of Capital Improvements addresses, changing it from an old reference of seven (7) years that is no longer correct to a five (5) year time frame. Policy 1.6 is proposed to be revised to make the time period for reviewing and updating the traffic impact fee schedule consistent with the County's impact fee ordinance which now requires a fee schedule update every five years. Polices 1.10, 1.11, 2.5, and 3.1 are proposed to be revised to allow for greater design flexibility. As proposed, revisions to Policies 1.10 and 2.5 will allow for means of shared vehicular access such as driveway interconnections, besides frontage roads, that are currently being implemented by County staff consistent with the development code. Proposed revisions to Policy 1.11 will allow the County to consider updating parking requirements based on the Institute of Traffic Engineers (ITE) parking studies. For some types of development, this change could provide greater design flexibility to reduce parking facilities and impervious area, where warranted. Proposed revisions to Policy 3.1 will allow for roadway design flexibility where opportunities for stormwater pond siting/sharing exist, or in areas that have limited right-of-way and special (eg. more urban) designs are warranted, or where it would be cost -prohibitive to obtain additional right-of-way. 50 9 The remaining proposed policy changes primarily deal with deleting references that are no longer applicable, replacing outdated references, correcting minor typographical errors, and re -numbering policies after deletion of policy 6.4 (refers to a subcommittee that no -longer exists). Text Edits With respect to general text and map edits, revisions are needed to recognize the proposed LOS adjustments for certain segments of 37th Street and CR 510, to recognize differences between the 2030 Long Range Transportation Plan and the 2040 Long Range Transportation Plan, and to recognize differences in other related and updated transportation plans. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the County code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan". For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan which identify actions the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for the subject proposed amendments is Policy 14.3. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendments meet Policy 14.3's third criterion. The proposed changes were requested by staff and authorized for consideration by the Board due to changes in circumstances. For the proposed amendments, changed circumstances include the need to update outdated information and references, the need to temporarily address level of service issues for two roadways scheduled for widening/improvements that will increase capacity, and the desire to simplify concurrency reviews for individual single family permits. 5110 Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the proposed amendments are consistent with the County's Comprehensive Plan. CONCLUSION Staff's position is that updating the county's comprehensive plan, as proposed, is warranted based on changes in circumstances and to ensure that the county's comprehensive plan remains current and accurate. With the possible exception of future state mandates, the proposed amendments, together with other county -initiated amendments adopted over the last several years, will result in an up-to-date plan that should not need further element by element updating until the County conducts a thorough evaluation and appraisal process beginning in 2022/23. RECOMMENDATION: Based on the analysis performed, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners: 1. Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies, and 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for September or October 2019). ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application 2. Portion of December 4, 2018 BCC Meeting Minutes 3. Portion of April 25, 2019 PZC Meeting Minutes 4. Transmittal Resolution (Appendix A proposed Comprehensive Plan Text Amendment is available in BCC office and in Community Development Department) F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\Agenda Items\BCC Agenda Item for Comp Plan Text amendment - June 11, 2019 BCC.docx 5211 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January, April, July and October of each year (except that Capital Improvements Element Amendments may be initiated by the County anytime during the year in accordance with Florida Statutes, Section 163.3177(3)(b)). Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. eR �. d Project Number: CPTA - d,0 `� 0 6095 s5 (ea•c\ J AN "019 C , r�1 .R� •. 4 r Assigned ti rr�nr Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise the Transportation Element & the Capital Improvements Element of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of $NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\CPTA FORM.doc Attachment 1 Current Owner/Applicant Agent y.... i i `., ::' ii f Name: Indian River County Board of County Commissioners Community Development "' i,;7I_ Department Staff ::..Y .. — c.-' Complete Mailing Address: 1801 27th Street, Vero Beach, FL 32960-3365 Same ,; VE.;:. Phone # (including area code) (772) 226 — 1243 Same Fax # (including area code) (772) 978 — 1806 Same E -Mail: Contact Person: Bill Schutt Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise the Transportation Element & the Capital Improvements Element of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of $NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\CPTA FORM.doc Attachment 1 Board of County Commissioners Meeting Minutes - Final December 4, 2018 B.N.--.-18-2562- Work Order No. 2018006-4, Aptim Environmental & lnfrastructitre, Inc. Sector 3 Beach and Dune Renourishment - 2018 Pre -Construction Biological Monitoring Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 2018006-4 to the contract with Aptim Environmental & Infrastructure. Inc. and authorize the Chairman to sign on behalf of the County. Attachments: Staff Report Aptim WO# 2018006-4 Approved staffs recommendation 8.0. 18-2544 Approval of Interlocal Agreement with the City of Fellsmere for Library Services at the Marian Fell Library Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve the Interlocal Agreement between Indian River County and the City of Fellsmere, and authorize Chairman to sign. Attachments: Staff Report Interlocal Agreement - City of Fellsmere Library for 12-04-2018 Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 18-2536 County Initiated Request to Amend the 5 Year Capital Improvements Program and the Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan for the Period FY 2018/19 - 2022/23. Plan Amendment Number: CPTA 2018100152-83037 (Legislative) Based on the analysis conducted, staff recommends that the Board of County Commissioners: 1. Approve the update to the 5 Year Capital Improvements Program for the period FY 2018/19 - 2022/23 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the proposed ordinance; and(2. Authorize staff to initiate update) amendments to the CIE and the Transportation Element in the January 2019 Recommended Action: amendment submittal window. Attachment 2 Indian River County Florida 5 ge 6 Board of County Commissioners Meeting Minutes - Final December 4, 2018 Attachments: Staff Report Comprehensive Plan Text Amendment Application Comprehensive Plan Text Amendment Ordinance Strike Through and Underline Version of CIE 5 Year Schedule of Capital Improvements PROOF OF PUBLICATION FOR THE PUBLIC HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Solari made note that page 6 of staffs report had been replaced. Community Development Director Stan Boling, through the use of a PowerPoint Presentation, explained the purpose of the text amendment to the Comprehensive Plan, and provided details regarding the adoption process as well as the preparations involved with the Capital Improvements Element (CIE) of the Plan. He highlighted the revisions made to the 5 Year Capital Improvements Program (CIP), summarized the expenditures by category, and announced proposed and ongoing projects. Director Boling explained that the correction to page 6 pertained to the Lagoon -benefitting projects, which will be funded by 20% of the proceeds of the first five years of the extended One -Cent Local Option Sales Tax. Among the Transportation projects mentioned was the proposed Aviation Boulevard Extension project, which would require negotiations with the Indian River Hospital District (the District). He also mentioned that staff has identified changes to the Transportation Element and portions of the CIE that need to be updated, and asked the Board to approve staffs recommendation and provide authorization for staff to approach the District about the Aviation Boulevard Extension project. Comments ensued about having the County's Public Works Department manage the Capital Improvements Projects for the Sheriffs Office; advancing certain water projects (particularly Lagoon friendly projects), in readiness for potential State funding; whether the improvements at the Sandridge Golf Club could be completed sooner than outlined; and developing out the new Pickleball Complex at South County Park sooner, in response to requests from residents. The Board consensus was to have the Lagoon -benefitting projects moved along to take advantage of a two-year window wherein Senator Debbie Mayfield would chair the State Appropriations Committee for Water Projects. Chairman Solari sought and received Board consensus to add a Public Education component to the proposed AMR (Automatic Meter Reading) AMI (Advanced Meeting Infrastructure) Meter Conversion project, and for staff to report back to Indian River County Florida 5&ge 7 Board of County Commissioners Meeting Minutes - Final December 4, 2018 the Board on post -recession deferred maintenance or capital expenditure items still outstanding. The Chairman opened the public hearing; there were no speakers, and the public comments section was closed. A motion was made by Commissioner O'Bryan, seconded by Commissioner) Zorc, to: (1) approve staff's recommendation)and adopt Ordinance 2018-025, amending the text of the Comprehensive Plan's Capital Improvements Element by updating the County's 5 year Capital Improvements Program (CIP) Schedule and related data and analysis sections; and providing severability and effective date; and (2) authorize staff to begin negotiations with the Indian River Hospital District on the Aviation Extension Project. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc B. PUBLIC DISCUSSION ITEMS 10.B.1. 18-2568 Request to Speak from Fred Mensing Regarding All Aboard Florida/BrightlineNirgin Trains/Florida East Coast Railway Railroad Crossings - Tunnels and Bridges Recommended Action: Request to Speak - Action Not Required Attachments: Request to Speak Form Frederick Mensing. 4123 18th Place, addressed the Board about Florida's East Coast Railway's (FEC's) expanding freight service, and how it will impact the ability of emergency responders to cross the railroad tracks and get people to an emergency facility. He mentioned that other cities have constructed tunnels or bridges to alter the railroad crossing areas. Mr. Mensing also deemed that the Board of County Commissioners had expended funds to fight Virgin Trains (also known as -the Brightline and All Aboard Florida) rather than protecting the residents west of the FEC Railroad. No Action Taken or Required C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services Indian River County Florida 56ge 8 Portion of Approved April 25, 2019 Planning and Zoning Commission Meeting Minutes Chairman Todd Brognano proceeded to close the public hearing. ON MOTION BY Mr. Alan Polackwich, SECONDED BY Dr. Jonathan Day, the members voted unanimously (6-0) to approve staff recommendations on this Legislative matter. C. County initiated Request to Amend (Update) the text of the Capital Improvements Element of the county's Comprehensive Plan to modify certain concurrency management requirements, modify certain transportation level of service standards, modify and add new policies to allow for more effective implementation of concurrency management; and to update the Transportation Element to modify certain transportation level of service standards, and to remove and replace outdated text, data and maps. [Legislative] Mr. Stan Boling provided context regarding the timing of the Evaluation and Appraisal Report for the county's Comprehensive Plan as it relates to census data and the Long -Range Transportation Plan updated by the Metropolitan Planning Organization (MPO) every five years. Mr. William Schutt, Chief of Long Range Planning, reviewed information regarding the request to amend the Comprehensive Plan and gave a PowerPoint presentation, copies of which are on file in the BCC office. He recommended that the Planning & Zoning Commission recommend that the BCC approve the proposed text amendments for transmittal to state and regional review agencies. Mr. William Schutt, Mr. Stan Boling, and Deputy County Attorney Mr. Bill DeBraal proceeded to answer questions from the Commissioners regarding the proposed amendments. Mr. Phil Matson, MPO Staff Director, referred to the Florida Department of Transportation (FDOT) Quality Level of Service Handbook and clarified details of the proposed transportation amendments. He agreed to provide the link to the Handbook to the Commissioners. Chairman Todd Brognano opened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Dr. Jonathan Day, the members voted unanimously Attachment 3 PZC/Approved 3 April 25, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 57 (6-0) to approve staff recommendations on this Legislative matter. Commissioner's Matters There were none. Planning Matters Mr, Stan Boling stated that there is a public hearing planned for the next meeting on May 9th. Attorney's Matters There were none. Adfournment There being no further business, the meeting adjourned at 8:23 p.m. Attachment 3 PZC/Approved 4 April 25, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 58 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its January 2019 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on these comprehensive plan amendment requests on April 25, 2019, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a Transmittal Public Hearing on June 11, 2019, after due public notice; and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies (Appendix A): F:\Community Development\Comprehensive Plan Text Amendments \2019 Transportation and CIE\Transmittal Resolution and Ordinances\Attachment 4 - Transmittal Text Resolution June 2019.doc 1 of 3 Attachment 4 59 RESOLUTION NO. 2019 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN TO MODIFY CERTAIN CONCURRENCY MANAGEMENT REQUIREMENTS, MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, MODIFY AND ADD NEW POLICIES TO ALLOW FOR MORE EFFECTIVE IMPLEMENTATION OF CONCURRENCY MANAGEMENT; AND TO UPDATE THE TRANSPORTATION ELEMENT TO MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, AND TO REMOVE AND REPLACE OUTDATED TEXT, DATA, AND MAPS; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The forgoing Resolution was offered by Commissioner and seconded by Commissioner and upon being put to a vote, the vote was as follows: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 11th day of June 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney F:\Community Development\Comprehensive Plan Text Amendments \2019 Transportation and CIE\Transmittal Resolution and Ordinances\Attachment 4 - Transmittal Text Resolution June 2019.doc 2 of 3 60 RESOLUTION NO. 2019 - APPROVED AS TO PLANNING MATTERS Stan Boling, AICP Community Development Director F:\Community Development\Comprehensive Plan Text Amendments \2019 Transportation and CIE\Transmittal Resolution and Ordinances\Attachment 4 - Transmittal Text Resolution June 2019.doc 3 of 3 ' 61 Appendix A to Comprehensive Plan Text Amendment Transmittal Resolution A Copy of the Proposed Transportation Element and Capital Improvements Element Comprehensive Plan Text Revisions are Available in the Board of County Commissioners Office and Community Development Department. F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\Agenda Items\BCC Attachment on File in BCC Office.docx Appendix A 6/11/2019 Item 10.A.1. Board of County Commissioners Transmittal Public Hearing June 11, 2019 Comprehensive Plan Text Amendment Capital Improvements Element Transportation Element Comprehensive Plan Amendment Process Application Submitted to Community Development Department ' Public Hearing before Planning And Zoning Commission (April 25, 2019), Transmittal public hearing,before Board of County Commissioners (June 11, 2019) 1 Application transmitted to. State and Regional Review Agencies 2 (e2 1 6/11/2019 Item 10.A.1. 1 State: and, Regional Review Agencies send their Comments to the County and to the State Land Planning Agency 1 Board! of County Commissioners holds: final public hearing (September/October 2019) 1 Adopted - amendment transmitted to. State and Regional Review Agencies and State Land Planning Agency 3 Purpose Amend the Text of the Capital Improvements Element, and Transportation Element of the County's Comprehensive Plan to recognize changed conditions: • Implement BCC direction for: • updating/simplifying single family concurrency review procedures • setting interim LOS for CR 510 and 37th Street • updating to incorporate currently adopted Long Range Transportation Plan references • updating for other related items • Ensure that Policies, Objectives, and general text remain up-to-date 6/11/2019 Item 10.A.1. Proposed Amendments Capital Improvements Element • Policy 1.12 - Correct year reference (2019 instead of 2018) • Policy 3.5 - Change the adopted LOS standard to an interim standard for CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. - Both projects prioritized and committed but delayed • Text amendments to exempt all single family homes (not just pre -1990 lots) from concurrency review on a permit by permit basis (deemed a de -minimus impact); require tracking of single-family permit impacts for incorporation into development project traffic studies and staff's annual CIE evaluation. Proposed Amendments Transportation Element • Policy 1.1— Same change as CIE Policy 3.5: Change the adopted LOS standard for CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. • Policy 1.4 • Remove "building permit approval for single family development" from concurrency review (similar to CIE text amendments) • Provide for Public Works Director approval to accept traffic capacity special analysis • Correct time period of Capital Improvements Plan (5 years instead of 7 years) • Policy 1.6 — Revise time period for updating traffic impact fee schedule to be consistent with County's recently modified impact fee ordinance (once every five years). l�2 3 6/11/2019 Item 10.A.1. Proposed Amendments Transportation Element continued • Policy 1.7 — Change from "shall impose" by 2015 all or part of the one to five cent local option gas tax to "shall consider imposing" optional gas tax by 2023. • Policy 1.10 — Add to development standards the option of "other means of shared access and interconnections" as an alternative to providing service (frontage) roads. • Policy 1.11- Change basis for parking requirement from "parking studies" to "ITE (Institute of Traffic Engineers) parking data and parking studies". • Policy 1.12 - Change reference from "2030" Cost Feasible Long Range Transportation Plan to "2040" Cost Feasible Plan to recognize the adopted 2040 LRTP. Proposed Amendments Transportation Element continued • Policy 2.4 — Spell out the acronym "Intelligent Transportation System" • Policy 2.5 - Update shared access requirements to refer to "other means of shared access and interconnections". • Objective 3 - Change completion date for acquiring all County ROW for County collector and arterial roads and mass transit corridors within the USA from "2025" to "2035", consistent with the adopted 2040 Long -Range Transportation Plan. • Policy 3.1- Revise to allow general ROW width standards to be modified by FDOT or the Public Works Director provided drainage is adequately handled. • Policy 5.5 — Correct typographical error. 6/11/2019 Item 10.A.1. Proposed Amendments Transportation Element continued • Policy 6.2 — Change the frequency of meetings with FDOT staff to review various roadway standards from "regularly" to "as needed". • Policy 6.4 — Delete current Policy 6.4 for establishing the "Traffic Operations subcommittee" of the MPO Technical Advisory Committee (separate sub- committee not necessary). [you're welcome Commissioner Solari!) • Policies 6.5, 6.6, and 6.7 — Renumber Policies 6.4, 6.5, and 6.6. Minor text edits. • Policy 10.1— Change Long Range Transportation Plan references from "2030 Cost Feasible Plan" to "2040 Cost Feasible Plan". Proposed Amendments Transportation Element continued • Text Updates • Table of Contents • Numerous maps • Various tables • Outdated references throughout • Statistical data and monetary figures • Recent project information 6/11/2019 Item 10.A.1. Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. ■ A mistake in the approved plan; ■ An oversight in the approved plan; ■ A substantial change in circumstances; or ■ A swap or reconfiguration of land uses at separate sites Changed Circumstances • Information, references, and some processes now out of date • Level of service issues arising for two roadways (CR 510, 37th Street) scheduled for widening/alternate improvements that will increase capacity but will take time for actual road project construction 6/11/2019 Item 10.A.1. Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners: 1. Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies, and 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for September or October 2019). (QZ 7 1 4.;i;...... KAROLEKANGAS I e: NotaryPublk-StateofFlorlda d ?• y'� • MCommissioniGG126041 I � ,-,:',4,4. 4/ + Banded hraghNallonObWyAsot amiPliNmergaremnerwwwww Treasure Coast Newspapers TCPALM 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, Natalie Zollar, 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 Conyline PO # 463755 - INDIAN RIVER COUNTY PLANNING 2282082 IRC NOIRROF Pub Dates May 26, 2019 Sworn to and subscribed before me this day of, May 30, 2019, by Natalie Zoll (X) personally known to me or ( ) who has produced as identification. who is ucud t gc, Karol Kangas Notary Public (t.`1 WTLOTBUILDERS.COAI 772-267-3836 (7 Days) FENCE • PAINTING • FLOG 5 • COUNTERTOPS • Residential & Canunerdal Fence • New. rents., repairs. stantheal Painting • Interior/Exterior, Popcorn. Knockdown FI • 9 -wood a lemlab Countertops - 101001 19 Ns1MG y J J 20 1 SUNDAY, MAY 26, 2019 1 TREASURE COAST NEWSPAPERS rc Fivwnoarnerrb O, rersonais SENIOR LOOKING FOR UVE IN COMPANION • to share home and expanses. Some caregiving required. Private bedroom & bath. Lakewood Park Fort Pierce. Valid Drivers License required. Call (386)852-8900 kkublic Notices J BOARD OF COUNTY COMMISSIONERS 57. LUCIE COUNTY, FLORIDA CALL FOR BIDS Sealed bids wllfbe received at the Purchasing Department. 1300 Virginia Avenue, Fort Pierce. FL 34982. until 100 400. 20, 2local 019 7w the fWednollow- ing: BID No. 19-051 Subdivision No.. Mowing and Public Wodoq/Roa�d Bid document: may be obtained ndtr.clmdrrbwwDemadsar.oy Purl.cchas)nngg Departments 00 2300 Virginia Avenue.nFort Pkrce. 34982. (772) 462 1700. Bids may be either mailed or hand delivered to the St. Lucie County Purchas-dng Depart- ¢nt. 2300 Virginia Avenue. Ind Floor. Room 228. Fort Pierce. FL 34982. Any bids received after the above stat- ed time will be returned to the bidder unopened. eyg A Dse eVay, Jvn1 IttidIla, 2019 al 2:30 P01. In the Con- ference Roam 3 located In the Rogg Paitras Admllktntlon BUIWin9 (3rd flow) at 2300 Virgin!! *30003. cot ose Pierce, FL ors attending 00. pre bidt oaier- thee will be permitted 10 076 t6b prefect. The Board 01 Con Com - to waive Com- missioners informalitreserves ies or minor a• lirregularities: r6141 whch are!i000m- pile, conditional, obscure. which contain add! additions allowed fon accept Or reject any Proposal In whole or in pund accept the propoh or sal cause; and serves the County. For 014,, RFPs, Addenda Infor- mation, Bid Results and other Iformation Nsit the St. Luck County Purchasing Web Site M.4g1 a 4g Counlad's by Equal 6090n(090[y1050 "motive Pub: MEmployy Pub: May 76. M19 TCN 2283586 Molin• elofVoter Re3lstmti n Lydian/11A. Pressen 56 SW Thornhill Dr. Port St. Lucie. FI 34984 1 M. Scala. Sr. 34 SE Whitmore Dr. Pot 5t. Lucie. FI 34984 We have received Information m the 1303000 of Voter Reg- stration Services that you rrareg- istered to be vote In Sto t.1.11310 fEubli[ Notices J County. Failure to respond within 30 daof this notice may cause yourbe removed from the statewide m voter registry You system. contact the Super- visor 01 Elections within 30 days of the publication of this noticIf you need further 0ssis. the er}dress listed below. This daOce IsD published In accor- nce with tie Florida Statute 98.075 (2) P.O. Box 940 Ft. Pierce, fl 34954 Pursuant to Section 121.055. Florida Statutes, the Mar- tin County school District Intends to designate the Labor Employment Attorney posl- Senior Manageimentlon Class Effective June 10.2019. Pub: Llay 26 thru June 9.2019. TCN 2286682 kcal Estate Sales �(omes For Sale J VERO BEACH LAUREN CONNOLLY 772.633.5453 033 Camelia to 2 BPRBadUpteudeno Renovated E da 1 Block to the (Mach $395,000 1905 370 Ave 300/25* Tropical Oasis PL. 3.12,21! garage a 9' overhead doors. 5230,000 1608 36th Ave 26RR0A, Well maintained Roof new 2016. Big Rooms 3179,900 lauren�ke Connolly.CRS, Gi11 C&LISE nli' 1.144140 416 1e2etirement Community LOOKING FOR QUICK SALE! New Del Webb Tradition 2/1.000 W/6134 upgrades. Impact windows/doors, Gag tile, ouartx ee ter, gas/ tion rangpe.Must S! 5262.688 Call (772)224-7787 [Real Estate !Rentals 4Jartments- Unfurn. , j FORT PIERCE (L IB8/10A28R/7.58A Corte8VIO0 enet (772) 466-1505 WHITE CITY TownMme Community 2 Bedroom, Pool 772.466.0091 Town' homebess net l ones Furnished J OR MIMIC Jensen Bch re0, 2/1, tom) renovation, deck W/0. rarpnt 11500Am. 730)1J3.,050500773-2004182 Q Wheels/Reaeation Buy & Sell fast! localfieds 54omes Unfurnished J 5/4/3 RTO - 6//43/p3pp00100O/mo RTC) S423k or,Ink rent, tum -key be 1st to live in all wr model. gourmet kitch- 07en ..schools. 772-621- 49 (771)419.5055 AT TRADITION, Port St pude, [lovely. Lod. m. Pool, Inter, net/cable/lawn. o pit �:hooping & 1-95 (00 easy commute $1300/mo. 0/4 Call (772)285.8121 legal Notices domes Unfurnished ) RENTALS Let Me Rent Your Properties! Annual/seasonal Furnished/Unfurnished Barbara Foster Realtor (772)713.5868 (772)234.3450 blyyogadoaol.com verobeachrentals.org VERO BEACH RENTALS AND PROPERTY MANAGEMENT 772.2284414 RentIPVeroBeachRen0corn Let us rent and manage your investment for YOU!! VeroeeachRent.com VV R1 DE qih Rent 4gal Notices J NOTICE OF PUBLIC 90*8(0= NOTICE Is HEREBY GIVEN that the Board of CountuyblCommLsslon- whlch Ipaarties River Interest anFlorida a er shall shah have have an hearing 710071 nily Admto inistration BuiPlthe ing located located ty at 1180127th Street Vero Beach Florida, on Tuesday, lune 11, 2019 at 9:00 A.M. to consider adop- tion of two proposed ordinances: coated: Ordinance 1 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA CONCERN. ING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (MRS), PROVIDING FOR AN AMENDMENT TO CHAPTER 926 LANDSCAPE AND BUFFER REGULATIONS: BY AIAENOINO SECTION 926.06, LANDSCAPE MATERIALS STANDARDS; AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS: CODIFICATION: SEVERABILITY; AND EFFECTIVE DATE. Ordinance 2 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, CONCERN- ING AN AMENDMENT TO ITS LAND DEVELOPLAENT REGULATIONS (1505): PROVIDING FOR AN AMENDMENT TO CHAPTER 971. REGULATIONS FOR SPECIFIC LAND U5E5: BY AMENDING SECTION 971.1201 SELF-SERVICE STORAGE FACILITIES: AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS: CODIFICATION: SEVER/MUT?: AND EFFECTIVE DATE. A vote will be taken on each proposed ordinance. Ordinance 1,11 adopted, will allow certain large frond' palm trees to be alanted as standard canopy trees. Ordinance 2,11 adopted, will low a graduated increase In building height for self -storage b*Udings in the CG. General Commercial toning district Drafts of the two proposed ordinances are available at the Planning Division office located In the Community Development Department on the first floor of the County AdMnistra8on COm- which may be maddilding e at oda meeting, will neto ed hole any uui a verbatim record of the proceedingsls made which miotics tes- U m 1.MWd0 when m¢ moa nee upon appeals , 1 based. +1`21] 14eased&eetpmabl9-r mtedquestionstotheCurrenlDevelop- ment 5cti00 at 2261237. IIpartments • Fumisheo4j STUART 010811E 1101.10 ON PRIVATE LOT Newly renovat- ed enovateed 1/1. Incl. electric/cable/ water/W/0. All wood floors. No dogs Must ass back. ground chock. S800.deposit. 561.377.1992. ANYONE WHO NE005 A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1227 DD 0772- 770.5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY B OARD OF COUNTY COMMISSIONERS BY*. Bob Solari, Chairman Pub May 26, 2019704 2283600 uublic Notices J kilblic Notices BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT TRANSMITTAL PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider transmittal Of an amendment to the text of the comprehensive plan to state and regional review agencies., A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, lune 11, 2019, at 9:00 a.m. In the County Commis- sion Chambers of County Administration Building A, located 801801 27th Street, Vero Beach, Florida. The proposed amendment is included in a proposed ordi- nance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, AMENDING THE TEXT OF THE CAPITAL IMPROVE - RENTS ELEMENT OFTHE COUNTY'S COMPREHENSIVE PLAN TO MODIFY CERTAIN CONCURRENCY MANAGE- MENT REQUIREMENTS, MODIFY CERTAIN TRANSPOR- TATION LEVEL OF SERVICE STANDARDS, MODIFY AND ADD NEW POLICIES TO ALLOW FOR MORE EFFECTIVE IMPLEMENTATION OF CONCURRENCY MANAGEMENT; AND TO UPDATE THE TRANSPORTATION ELEMENT TO MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, AND TO REMOVE AND REPLACE OUTDATED TEXT, DATA, AND MAPS; AND PROVIDING CODIFICATION, SEVERABILITY. AND EFFECTIVE DATE (Legislative) ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION ADOPT- ING THE PROPOSED AMENDMENT WILL BE TAKEN AT THIS MEETING. The plan amendment application may be Inspected by the public at the Community Development Depart- ment in County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. an weekdays. For more information, contact Long Range Planning Sec- tion at (772) 226-1243. 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 is based. Anyone Who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours In advance of the meeting. Indian River County Board of County Commissioners By: -s- Bob Solari, Chairman Pub May 26th 2019 TCN2282082 The key to selling your car starts here -•21„� - _Trate luduit Care/Services J ADULTCARE/SVCS6000(0d0Y6/6060. INNATE OUT"NA= G F Providing hy0ke/ensoe to1117nn} hale !a041-830 rpe(JFloor Covering) ComopTete Ca et Repairs WrinUe . RutnWlnc: Pesennr hg:cum'&61 Pep0aanmt�ec 15 yrs 1x0. Coo am 11613 3-95 3 5 HINTONS CARPET CLEANING 3 Rooms. 0115. 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Bucket Orapye PiFirewood 030. d 010/1, 772473.8076 I71/511 JOHN OW ENS W DO IT ALL TREE SERVICE" 05009, 40,1043,Y. a slat 0060 *0./ins n2-634-9199 or 800.009.1170 TREE TRIMMING& REMOVAL LAWN i00 too small. osall. O.M Ns 681113/51110030. 711485.7094 Window Services ) VERO WINDOW TINTING SPECIALISTS Call Now& Get 15%off! Autos,Commercla! & Homes L.,__(771) 778-9609 J 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: May 30, 2019 SUBJECT: Consideration of a County -Initiated Land Development Regulation (LDR) Amendment to Chapter 926 Regarding Changes to Palm Credits for Canopy Trees It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2019. BACKGROUND The proposed LDR amendment is the third and final "installment" of LDR changes based on recommendations from the Development Review and Permit Process Advisory Committee (Committee), and is limited to a single ordinance/topic. The first LDR change "installment" was considered by the PZC on February 8, 2018, and was adopted by the Board of County Commissioners (BCC) on March 13, 2018. The second "installment" was considered by the PZC on August 23, 2018, and was adopted by the BCC on September 18, 2018. At the final January 16, 2019 Committee meeting, staff supported and the Committee recommended adoption of the proposed amendment to provide increased flexibility in the types of palm tree species with large "frond canopies" that can be credited as canopy trees (see attachment 1). At its meeting of March 26, 2019, the BCC considered the draft amendment for the subject LDR change and authorized staff to initiate formal adoption. The BCC is now to consider the proposed LDR amendment and is to adopt, adopt with modifications, or deny the proposed amendment. Planning and Zoning Commission (PZC) Recommendation: At its meeting of April 25, 2019, the PZC voted 6-0 to recommend that the BCC adopt the proposed amendment (see attachment 2). ANALYSIS • Committee Background, Purpose, and Recommendations On July 11, 2017, the BCC established the Development Review and Permit Process Advisory Committee by resolution to review the County's processes and to make recommendations for streamlining or improving those processes. The Committee consisted of thirteen total members and 63 1 one alternate: ten members appointed by individual commissioners, three "at large" members, and one alternate appointed by the full BCC. The Committee ultimately held a total of 11 meetings, and "sunsetted" on January 16, 2019. At its last meeting, the Committee recommended adoption of the proposed ordinance to allow for use of a wide variety of palm species with a large frond spread to be counted as a "canopy tree" for landscape credit purposes, consistent with past and current practice. • Proposed Amendment Under the current LDRs, certain types of palm tree species familiar to staff can be used in place of conventional canopy trees, provided they meet certain size requirements and provide a functionally equivalent amount of canopy cover compared to "non -palm" canopy trees. For example, a single royal palm (a large frond palm) with a minimum of 10 feet of clear trunk or a grouping of 3 cabbage palms with an average of 10 feet of clear trunk can be counted as a standard canopy tree. However, the LDRs currently list a total of only 5 specific palm types by name that have large frond spreads. There are possibly many other palm species other than the 5 types currently listed that are capable of thriving locally and providing a large "frond canopy" as a single palm. Therefore, staff has prepared an LDR amendment that will allow staff increased flexibility in approving the types of palm species with large frond spreads that can be used in place of a conventional canopy tree. The proposed LDR amendment will retain the 5 specific palm trees listed by name (providing a defined list of acceptable large frond palms), but will also allow an applicant or developer to propose an unlisted palm type for staff's consideration provided the palm will have a similar quality large "frond canopy." Staff is proposing this flexible approach instead of trying to provide an exhaustive list of possible palm species which could be expansive and still incomplete. In conclusion, staff and the PZC support adoption of the proposed code change. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed palm/canopy tree credit amendment ordinance. ATTACHMENTS 1. Excerpt from January 16, 2019 DRPPAC Minutes 2. Excerpt from April 25, 2019 PZC Minutes 3. Draft Ordinance 64 2 Approval of the Minutes of October 17, 2018— Action Required ON MOTION BY Mr. Mechling, SECONDED by Vice Chairman Paladin, the Committee voted unanimously (9- 0) to approve the minutes of October 17, 2018, as presented. Old Business a) Building Permit Item(s) from Robert Banov Discussion ensued; no action taken. b) Policy on cost benefit analysis for proposed changes affecting the development industry ON MOTION BY Vice Chairman Paladin, SECONDED by Mr. Burke, the Committee voted unanimously (9-0) to recommend implementation of a cost benefit analysis policy for proposed changes affecting the development industry with analysis (quantitative, qualitative, or life cycle approaches) presented to decision -makers such as Board of County Commissioners. c) Planned Development (PD) "public benefits" policy Discussion ensued; no action taken. Through a common request of the Committee, Mr. Boling would provide a list of "for example" or "including, but not limited to" public benefit PD trade-off items as an attachment to assist the public in understanding what was involved with a PD, at such time the committee's recommendations are brought to the Board of County Commissioners. d) (Landscaping Item(s) / proposed flexibility on palm canopy tree credits) ON MOTION BY Mr. Mechling, SECONDED by Mr. Blum, the Committee supported a proposed amendment already drafted by staff to allow a number of species alternatives and more flexibility on palm canopy tree credits.) UNDER DISCUSSION, Mr. Burke supported flexibility in allowing different} species to be used. Mr. Mechling also suggested taking into consideration nursery availability for product. (THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed) (unanimously (9-0).) 2 BCCC:\Users\kcharestWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\January 16 Minutes.doc 65 A. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926 regarding changes to Palm Credits for Canopy Trees. [Legislative] 'Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed the proposed LDR amendment that is detailed in the PZC Agenda Packet as recommended by the Development Review & Permit Process Committee and Staff. He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) office and recommended that the Commissioners recommend that the BCC adopt the proposed palm tree credit amendment of the County LDR regulations. (Mr. Ryan Sweeney and Mr. Stan Boling answered questions from the) (Commissioners regarding the proposed amendment. (Chairman Todd Brognano opened the public hearing and when nobody) (from the audience came forward, proceeded to close the hearing., ON MOTION BY Mr. Chip Landers, SECONDED BY Dr. Jonathan Day, the members voted unanimously (6-0) to approve staff recommendations on this Legislative matter) B. Consideration of a Request by Gary Middleton to Amend Land Development (LDR) Chapter 971 (Regulations for Specific Land Uses) by changing the maximum building height for self-service storage facilities in the CG, General Commercial Zoning District [LDRA-19-07- 02 / 2019020125-83919] [Legislative] Mr. Ryan Sweeney reviewed the proposed applicant initiated LDR amendment that is detailed in the PZC Agenda Packet. He gave a PowerPoint presentation, copies of which are on file in the BCC office. He recommended that the Commissioners recommend that the BCC adopt the proposed self-service storage amendment of the County LDR regulations. Mr. Ryan Sweeney and Mr. Stan Boling answered questions from the Commissioners regarding the proposed amendment. Chairman Todd Brognano opened the public hearing. Mr. Bruce Barkett, Representative for the Applicant, offered to clarify details of the proposed amendment. PZC/Approved 2 April 25, 2019 F:\BCCWII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 66 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; BY AMENDING SECTION 926.06, LANDSCAPE MATERIALS STANDARDS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 926.06(3), Trees; as follows: (a) Canopy trees: 1. Canopy trees, except for narrow canopy tree species identified under [subsection] 926.06(3)(d)1.b., below, shall be species having an average mature crown spread of greater than fifteen (15) feet (under local climatic conditions) and having a trunk(s) with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk between the ground and the lowest lateral limbs. 2. All new canopy trees shall be planted in a planting area of at least one hundred forty-four (144) square feet, with minimum dimensions being at least twelve (12) feet in any direction. Larger areas may be required by the community development director or his designee for newly planted or existing trees to be preserved, as required by Chapter 927, tree protection. 3. Clusters of palms, such as sabal palms, may be used as canopy trees provided that a minimum of three (3) palms are clustered to equal one (1) canopy tree. Clusters of palms and specimen palms (specified below), if used, shall consist of no more than one-third (1/3) of the total canopy tree requirement. a. A multi -trunk palm may be substituted for one (1) canopy tree provided that the total height of the combined clear trunks (ground to lowest frond, measured along the truck) is a minimum of eighteen (18) feet. b. A Canary Island date palm, Sylvester palm, er Bismark palm, or palm with a similar quality large "frond canopy" as approved by Planning staff with a clear trunk of at least two (2) feet and an overall height of at least twelve (12) feet may count as one (1) canopy tree. Such a palm may count as two (2) canopy trees if it has a clear trunk of at least eight (8) feet and an overall height of at least eighteen (18) feet. c. A palm of the Roystonea genus with a minimum clear trunk of ten (10) feet may be counted as one (1) canopy tree. 67 4. Minimum canopy tree spacing shall be provided as follows: a. Between full canopy trees (e.g. oak, pine, bay): twenty-five (25) feet. b. Between narrow canopy tree varieties (e.g., cypress and holly) not including magnolia: Fifteen (15) feet. c. Between full canopy trees and narrow canopy tree varieties (e.g., cypress and holly) not including magnolia: Twenty (20) feet. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 26th day of May, 2019, for a public hearing to be held on the 11th day of June, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 68 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2019. BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Depaitment of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 69 6/11/2019 Item 10.A.2. Proposed LDR Amendment to Chapter 926 Regarding Changes to Palm Credits for Canopy Trees Board of County Commissioners June 11, 2019 Background • The proposed LDR amendment is the third and final "installment" of LDR changes based on recommendations from the Committee. • On March 26, 2019, the BCC considered the draft amendment and authorized staff to initiate formal adoption. • Staff has drafted changes to provide more flexibility, and supports the proposed amendment. 2 6/11/2019 Item 10.A.2. Proposed Ordinance • Current LDRs allow certain palm species to be used in place of conventional canopy trees (e.g. royal palms) • Current list is limited to only 5 specific palm types • There are possibly many other palm species capable of providing a large "frond canopy" • Applicant or developer can propose other palm types for staff's consideration • Provides flexibility instead of an exhaustive list 4 (.04- 2 6/11/2019 Item 10.A.2. PZC Recommendation At its meeting of April 25, 2019, the PZC voted 6-0 to recommend that the BCC adopt the proposed amendment. Staff Recommendation That the BCC adopt the proposed palm/canopy credit amendment ordinance. 5 VI- 3 Treasure Coast Newspapers TCPALM 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, Natalie Zollar, 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 Copvline PO # 463755 - INDIAN RIVER COUNTY PLANNING 2283600 NOTICE OF PUBLIC HEARING NOTICE IS H Pub Dates May 26, 2019 Sworn to and subscribed before me this day of, May 30, 2019, by Natalie Zol (X) personally known to me or ( ) who has produced as identification. who is Karol Kangas I ,-.:�pr1' KAROLEKANGAS I 1 1.s: NataryPublk-StateofFlorida Commhsion F GG 126041 .1, 'r f MyComm,ExplresJu129,2021 ( '� % .... •••• Baided16;u0NallcmOtkitaryAssn. Notary Public •I/•l? id -,4,2. 6q-4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commission- ers of Indian River County, Florida shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida, on Tuesday, June 11, 2019 at 9:00 A.M. to consider adop- tion of two proposed ordinances; entitled: Ordinance 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERN- ING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; BY AMENDING SECTION 926.06, LANDSCAPE MATERIALS STANDARDS; AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. Ordinance 2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERN- ING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 971.12(3), SELF-SERVICE STORAGE FACILITIES; AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. A vote will be taken on each proposed ordinance. Ordinance 1, if adopted, will allow certain "large frond" palm trees to be counted as standard canopy trees. Ordinance 2, if adopted, will allow a graduated increase in building height for self -storage buildings in the CG, General Commercial zoning district. Drafts of the two proposed ordinances are available at the Planning Division office located in the Community Development Department on the first floor of the County Administration Com- plex Building "A". 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 tes- timony and evidence upon which the appeal is based. Please direct planning -related questions to the Current Develop- ment Section at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 (TDD #772- 770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Bob Solari, Chairman Pub May 26, 2019 TCN 2283600 so9-5 /643 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: Jason E. Brown, County Administrator Stan Boling, AICP; Community Development Director John W. McCoy, AICP; Chief, Current Development Ryan Sweeney; Senior Planner, Current Development May 30, 2019 Consideration of a Request by Gary Middleton to Amend Land Development Regulation (LDR) Chapter 971 (Regulations for Specific Land Uses) by Changing the Maximum Building Height for Self -Service Storage Facilities in the CG, General Commercial Zoning District [LDRA-19-07-02 / 2019020125-83919] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2019. BACKGROUND Bruce Barkett, Esq., on behalf of Gary Middleton, is requesting consideration of a Land Development Regulation (LDR) amendment to increase the maximum allowable building height for self-service storage (a.k.a. self -storage) facilities within the CG, General Commercial zoning district. The subject LDR amendment application is on file with the Planning Division. Self -storage facilities currently require Administrative Permit Use approval in the CG district, and are subject to the specific land use criteria listed in LDR Section 971.12(3). One of the specific land use criteria listed in Section 971.12(3) limits the overall building height for self -storage facilities to a maximum of 15 feet. Although the terminology used in the criterion is not abundantly clear, the 15 foot height limit has been applied to self -storage buildings within the CG district. Self -storage buildings in the heavy commercial (CH) and industrial districts (IL and IG) are not subject to a 15 foot criterion and are governed by the general County -wide 35 foot building height limit. In October 2017, the applicant's agent, Mr. Barkett, attended a pre -application meeting for the proposed development of a 2 or 3 story self -storage facility within the CG district, and was notified of the special 15 foot building height limitation. That limitation essentially limits all self -storage facilities to single -story buildings within the CG district. Several months ago, Mr. Barkett met with Planning Division staff to revisit the special building height limitation, and to gauge staff's support of an LDR amendment that would allow an increased building height for self -storage facilities in the CG district. Staff recognizes that multi -story self -storage facilities are more common now than in the early 1990's when the current building height limitation for self -storage facilities was established, and that there is a demand for such facilities in some CG district locations. Ultimately, staff indicated support for a code change allowing a graduated increase in building height for CG district self -storage facilities as outlined in the analysis section of this report and the draft ordinance (see attachment 2). 70 1 The BCC is now to consider the proposed LDR amendment and is to adopt, adopt with modifications, or deny the proposed amendment. PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its meeting of April 25, 2019, the PZC voted 6-0 to recommend that the BCC adopt the proposed amendment (see attachment 1). ANALYSIS Self -storage facilities, as well as general warehousing and storage facilities, are a permitted use in the CH (Heavy Commercial), IL (Light Industrial), and IG (General Industrial) zoning districts. In almost all cases, those districts are separated from residentially -zoned properties by lower intensity districts, major roadways, or other physical features. In those districts, storage facilities are regulated by general site plan requirements as well as the general County -wide 35 foot building height limitation (with the exception of the West County Industrial Park height exception which has its own special criteria). The CG' district generally allows a broad range of retail and office uses, but not warehouse/storage uses, except under special conditions. Those conditions, contained in the specific land use criteria for administrative permit uses, are intended to limit storage buildings in the CG district to self -storage facilities of a size and scale that fit within a general retail district, especially where adjacent to residential properties. Under the current LDRs, the first specific land use criterion for self -storage facilities in the CG district states, "Storage unit areas shall not exceed fifteen (15) feet in height from storage buildings." Staff's interpretation and application of this provision has consistently been that the intent of this criterion is to limit the overall building height for self -storage facilities in the CG district to a maximum of 15 feet. However, some interested parties have questioned if the intent was to limit the floor -to -ceiling height of individual storage units to 15 feet, but allow an overall building height of 35 feet per the maximum building height identified in the CG district and generally applied throughout the unincorporated county. The proposed LDR amendment would clarify that individual storage units shall have a maximum interior ceiling height of 15 feet, measured finished floor to fmished ceiling. The proposed amendment would also allow a graduated increase in the overall building height for self -storage facilities in the CG district, based on a separation distance (or setback) from adjacent residential lot lines. The proposed amendment maintains a 15 foot height limitation for all portions of a self -storage building that are set back less than 150 feet from a residential lot line (property line); sets a 25 foot height limitation for all portions that are set back at least 150 feet, but less than 200 feet from a residential lot line; and sets a 35 foot height limitation for all self -storage facilities that are set back more than 200 feet from a residential lot line. The result is an allowance based on a graduated increase in building height in relation to any adjacent residential property. It should be noted that the typical architectural design and aesthetic appeal of self -storage facilities has been enhanced in recent years, especially for multi -story facilities. Twenty or 30 years ago, most self -storage facilities consisted of rows of single -story "boxes" with a continuous mass of corrugated metal overhead doors. Today's designs, which are compliant with County corridor aesthetic requirements, include defined entry points with storefront glass systems, enhanced architectural 71 2 finishes and features, and building massing that is similar to a multi -story office building. Also, since the current building height criterion was established in the early 1990's, CG sites are subject to corridor requirements that address building appearance and basic architectural standards. Consequently, aesthetic concerns about a "tall, ugly warehouse building" are now addressed through corridor regulations. Furthermore, the proposed amendment clarifies that individual self -storage units are limited to a 15 foot floor -to -ceiling height which prohibits an overly massive or out -of -scale single -story self -storage facility and prevents "industrial warehouse designs" with high ceilings and tall overhead doors. Finally, it should be noted that the proposed amendment does not change the Administrative Permit Use approval process for self -storage facilities in the CG district (requires PZC review and approval), and the maximum (graduated) building height of 35 feet is consistent with all other permitted uses/building types in the CG district. Therefore, staff and the PZC support the proposed amendment. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed self -storage ordinance. ATTACHMENTS 1. Excerpt from April 25, 2019 PZC Minutes 2. Draft Ordinance 72 3 A. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926 regarding changes to Palm Credits for Canopy Trees. [Legislative] Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed the proposed LDR amendment that is detailed in the PZC Agenda Packet as recommended by the Development Review & Permit Process Committee and Staff. He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) office and recommended that the Commissioners recommend that the BCC adopt the proposed palm tree credit amendment of the County LDR regulations. Mr. Ryan Sweeney and Mr. Stan Boling answered questions from the Commissioners regarding the proposed amendment. Chairman Todd Brognano opened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. ON MOTION BY Mr. Chip Landers, SECONDED BY Dr. Jonathan Day, the members voted unanimously (6-0) to approve staff recommendations on this Legislative matter. B. Consideration of a Request by Gary Middleton to Amend Land Development (LDR) Chapter 971 (Regulations for Specific Land Uses) by changing the maximum building height for self-service storage facilities in the CG, General Commercial Zoning District [LDRA-19-07- 02 / 2019020125-83919] [Legislative]) (Mr. Ryan Sweeney reviewed the proposed applicant initiated LDR amendment that is detailed in the PZC Agenda Packet. He gave a PowerPoint presentation, copies of which are on file in the BCC office. He recommended that the Commissioners recommend that the BCC adopt the proposed self-service storage amendment of the County LDR regulations. (Mr. Ryan Sweeney and Mr. Stan Boling answered questions from the) (Commissioners regarding the proposed amendment., (Chairman Todd Brognano opened the public hearing.) Mr. Bruce Barkett, Representative for the Applicant, offered to clarify details of the proposed amendment. PZC/Approved 2 April 25, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 73 Chairman Todd Brognano proceeded to close the public hearing. ON MOTION BY Mr. Alan Polackwich, SECONDED BYJDr.(Jonathan0Day, the mem bers voted unanimously '(6-0) to approve staff recommendations on this Legislative matter. C. County initiated Request to Amend (Update) the text of the Capital Improvements Element of the county's Comprehensive Plan to modify certain concurrency management requirements, modify certain transportation level of service standards, modify and add new policies to allow for more effective implementation of concurrency management; and to update the Transportation Element to modify certain transportation level of service standards, and to remove and replace outdated text, data and maps. [Legislative] 1 Mr. Stan Boling provided context regarding the timing of the Evaluation and Appraisal Report for the county's Comprehensive Plan as it relates to census data and the Long -Range Transportation Plan updated by the Metropolitan Planning Organization (MPO) every five years. Mr. William Schutt, Chief of Long Range Planning, reviewed information regarding the request to amend the Comprehensive Plan and gave a PowerPoint presentation, copies of which are on file in the BCC office. He recommended that the Planning & Zoning Commission recommend that the BCC approve the proposed text amendments for transmittal to state and regional review agencies. Mr. William Schutt, Mr. Stan Boling, and Deputy County Attorney Mr. Bill DeBraal proceeded to answer questions from the Commissioners regarding the proposed amendments. Mr. Phil Matson, MPO Staff Director, referred to the Florida Department of Transportation (FDOT) Quality Level of Service Handbook and clarified details of the proposed transportation amendments. He agreed to provide the link to the Handbook to the Commissioners. Chairman Todd Brognano opened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Dr. Jonathan Day, the members voted unanimously PZC/Approved 3 April 25, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 74 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 971.12(3), SELF-SERVICE STORAGE FACILITIES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 971.12(3), Self-service storage facilities (administrative permit); as follows: (3) Self-service storage facilities (administrative permit). (a) District requiring administrative permit approval, (pursuant to the provisions of 971.05): CG. (b) Additional information requirements: 1. A written statement that no commercial activity, vehicular service or repair, or storage of hazardous materials shall be allowed and that this requirement will be included in every tenant's lease agreement; 2. A site plan meeting all of the requirements of Chapter 914. (c) Criteria for self -storage facilities: 1. buildings; All storage units shall have a maximum interior ceiling height of fifteen (15) feet, measured finished floor to finished ceiling; 2 Individual storage units shall not exceed three hundred (300) square feet in size; 3. Outdoor storage, other than for vehicles and boats, is prohibited. Where outdoor storage of vehicles is to occur, a Type "C" bufferyard shall be provided between the outside storage area and adjacent right-of-way and adjacent properties; 4. All outdoor lights shall be shielded to direct light and glare only onto the self- service storage facility premises. Light and glare shall be deflected, shaded and focused away from all adjoining property; 5. Self-service storage facility sites shall not exceed three (3) acres gross area; 75 6. Quarters for resident managers may be included within the facility as an accessory use; 7. A Type B landscape buffer shall be required between all structures and adjacent rights-of-way; and 8. Maximum building height for self -storage buildings shall be measured as defined in Section 901.03, and shall be limited as follows: a. All portions of a self -storage building that are set back less than one hundred fifty (150) feet from a residential lot line shall be limited to fifteen (15) feet in height; b. All portions of a self -storage building that are set back at least one hundred fifty (150) feet, but less than two hundred (200) feet from a residential lot line, shall be limited to twenty-five (25) feet in height; and c. All portions of a self -storage building that are set back more than two hundred (200) feet from a residential lot line, shall be limited to thirty- five (35) feet in height. d. The above -referenced setbacks shall be measured from the finished exterior wall of the self -storage building to the nearest residential lot line. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. 76 This ordinance was advertised in the Press -Journal on the 26th day of May, 2019, for a public hearing to be held on the 116' day of June, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2019. BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 77 6/11/2019 Item 10.A.3. Proposed LDR Amendment to Chapter 971 by Changing the Maximum Building Height for Self -Service Storage Facilities in the CG Zoning District Board of County Commissioners June 11, 2019 Background • Current code applies general 35' height limit to storage buildings in CH, IL, IG districts and a 15' height limitation on self -storage buildings in the CG district • Request by Bruce Barkett on behalf of a potential developer of a multi -story self -storage facility in the CG zoning district • Height issue was initially discussed at October 2017 pre - application meeting, again with staff several months ago • Staff reviewed initial code change proposed by Mr. Barkett, at staff's suggestion, criteria were clarified and staff supports the proposed amendment 2 6/11/2019 Item 10.A.3. Background (continued) • Self -storage facilities in the CG district must meet specific land use criteria listed in LDR Section 971.12(3) • One of the criteria limits overall building height for self - storage facilities in CG district to a maximum of 15 feet • Essentially limits all self -storage facilities in CG district to single -story buildings • Current language is not clear, and was established prior to corridor requirements in early 1990's to avoid "tall warehouse building" appearance in the CG "retail" district 3 Proposed Ordinance • Clarifies that individual storage units shall have a maximum interior ceiling height of 15 feet • Allows a graduated increase in the overall building height based on a separation distance from adjacent residential lot lines; results in a "wedding cake" or tiered approach • Graduated height increase; (adjusts building scale where adjacent to residential) • <150' setback from residential lot line = 15' maximum height • 150' to 199' setback from residential lot line = 25' maximum height • 200' or greater setback from residential lot line = 35' maximum height 4 6/11/2019 Item 10.A.3. Proposed Ordinance (continued) • Accommodates recent trend for multi -story self -storage facilities with enhanced architectural design and aesthetic appeal • Appearance concerns addressed: CG sites are already subject to corridor / aesthetic requirements • Reasonable result: Would allow multi -story self -storage facilities in CG district subject to separation distances from residential properties, graduate building height where warranted, and architectural controls already in place 5 PZC Recommendation At its meeting of April 25, 2019, the PZC voted 6-0 to recommend that the BCC adopt the proposed amendment. Staff Recommendation That the BCC adopt the proposed self -storage amendment ordinance. 6 Treasure Coast Newspapers TCPALM' Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION e STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, 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 Copvline PO# 463755 - INDIAN RIVER COUNTY PLANNING 2283600 NOTICE OF PUBLIC HEARING NOTICE 15 H Pub Dates May 26, 2019 Sworn to and subscribed before me this day of, May 30, 2019, by Natalie Zoll (X) personally known to me or ( ) who has produced as identification. -azg, who is Karol Kangas Notary Public r. +� 'r"e''�s KAROLEKANGAS I _' : Notary Public -State ofFlorlda •Commission II GG 126041 `:}/, My Comm, Expires Jul 29,2021 m„ �••OdIhx hNalbndNolarykm, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commission- ers of Indian River County, Florida shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida, on Tuesday, June 11, 2019 at 9:00 A.M. to consider adop- tion of two proposed ordinances; entitled: Ordinance 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERN- ING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; BY AMENDING SECTION 926.06, LANDSCAPE MATERIALS STANDARDS;. AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. Ordinance 2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERN- ING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 971.12(3), SELF-SERVICE STORAGE FACILITIES; AND BY PROVID- ING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. A vote will be taken on each proposed ordinance. Ordinance 1, if adopted, will allow certain "large frond" palm trees to be counted as standard canopy trees. Ordinance 2, if adopted, will allow a graduated increase in building height for self -storage buildings in the CG, General Commercial zoning district. Drafts of the two proposed ordinances are available at the Planning Division office located in the Community Development Department on the first floor of the County Administration Com- plex Building "A". 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 tes- timony and evidence upon which the appeal is based. Please direct planning -related questions to the Current Develop- ment Section at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 (TDD #772- 770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Bob Solari, Chairman Pub May 26, 2019 TCN 2283600 X1-5 PUBLIC NOTICE ITEMS:- 6/11/19 LEGISLATIVE Office of INDIAN RIVER COUNTY ATTORNEY Dylan Beingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: May 31, 2019 RE: Public Notice of Public Hearing Scheduled for June 18, 2019 Concerning Extension of Temporary Moratorium Regarding Biosolids The Board of County Commissioners will hold a Public Hearing on Tuesday, June 18, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. halm 78 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney PUBLIC NOTICE ITEMS: 6/11/19 LEGISLATIVE Oce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: May 31, 2019 RE: Public Notice of Public Hearing Scheduled for June 18, 2019 to Consider Amending Chapter 302 of the Indian River County Code Concerning Tethering The Board of County Commissioners will hold a Public Hearing on Tuesday, June 18, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302, ANIMAL CONTROL, INDIAN RIVER COUNTY CODE SECTION 302.02 DEFINITIONS AND GENERAL PROVISIONS; AND SECTION 302.051 CRUELTY TO ANIMALS AND DEFINING TETHERING DEVICES, PROVIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. inhm 79 /063 PUBLIC NOTICE ITEMS: 6/11/19 LEGISLATIVE Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: May 31, 2019 RE: Public Notice of Public Hearing Scheduled for June 18, 2019 to Consider Creating Chapter 319 of the Indian River County Code Concerning Retail Sale of Dogs and Cats The Board of County Commissioners will hold a Public Hearing on Tuesday, June 18, 2019, at. 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 319 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "RETAIL SALE OF DOGS AND CATS"; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. hihm 80 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: THROUGH: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director William Johnson, P.E., Roadway Production Engineer Award of RFQ No. 2019040 (IRC -0853) CEI Services for 43rd Avenue from 18th Street to 26th Street DATE: May 22, 2019 DESCRIPTION AND CONDITIONS On March 20, 2017, the Board of County Commissioners entered into Agreement with the Florida Department of Transportation to provide the County with financial assistance under Financial Management (FM) No. 431759-2-54-01 for Construction and Construction Engineering Inspection (CEI) Services for intersection improvements at SR -60 & 43rd Avenue through its County Incentive Grant Program Agreement (CIGP) which shares 50% equal funding. FDOT and County agreed to share equal funding of fifty percent (50%) of the total estimated construction cost of SEVEN MILLION TWO HUNDRED NINETY ONE THOUSAND ONE HUNDRED FORTY SIX DOLLARS AND NO CENTS ($7,291,146.00). The equal FDOT and County shares were estimated to be $3,645,573.00 each. This CIGP Agreement also required County to hire a FDOT prequalified consultant firm to perform Construction Engineering Inspection (CEI) Services as defined in the Agreement. The County has since advertised CEI Services for a Request for Qualifications (RFQ). On April 16, 2019, the Board of County Commissioners approved final ranking and authorized negotiations with the top ranked firm from the CEI Services RFQ selection process, Consor Engineers, LLC, in accordance with FS 287.055. On June 4, 2019, the Board of County Commissioners approved FDOT County Incentive Grant Program Amendment number one showing an increased construction cost estimated at THIRTEEN MILLION ONE HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED EIGHTY TWO DOLLARS AND NO CENTS ($13,171,782.00). The updated equal FDOT and County share are estimated to be $6,585,891.00 each. The purpose of this Construction Engineering and Inspection (CEI) Agreement is to provide construction administration, inspection and testing services for the upcoming SR 60 & 43rd improvements which includes adding right turn lanes along SR60, 43rd Avenue reconstruction and widening from 2 -lane undivided roadway to 4 -lane divided roadway, mill and resurface existing asphalt pavement, add bike lanes, new pedestrian sidewalks and upgrade existing curb ramps to meet ADA standards. The project corridor along 43rd Avenue is from 18th Street to 26th Street and along State Road 60 from 44th Avenue to 38th Avenue. This CEI services Agreement is for a total lump sum amount of $2,452,760.67. FUNDING Funding is budgeted and available in Optional Sales Tax/Road and Bridge/Construction Progress/43rd Avenue from 18th Street to 26th Street account No. 31521441-066510-06041 in the amount of $2,452,760.67. 81 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCLQ400EA7A8\@BCL@400EA7A8.doc RECOMMENDATION Staff recommends approval of Agreement with Consor Engineers, LLC, authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Agreement on their behalf for a lump sum amount of $2,452,760.67. ATTACHMENT Agreement Exhibit A - C DISTRIBUTION Consor Engineers, LLC IRC Purchasing Division AGENDA ITEM FOR JUNE 11, 2019 82 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@400EA7A8\@BCL@400EA7A8.doc AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this day of , 2019 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and CONSOR ENGINEERS, LLC, headquarters in Houston Texas and authorized to do business in Florida, whose address is 359 Alcazar Avenue, Coral Gables, Florida 33134 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification #2019040 for Construction Engineering and Inspection (CEI) Services for IRC -0853 — 43rd Avenue (18th Street to 26th Street) (FDOT FM No. 431759) ("Project") attached as Exhibit A to this Agreement and made a part hereof by reference. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Public Works, ("Services") as more fully set forth in the Scope of Services dated 5/9/2019 attached as Exhibit B to this Agreement and made a part hereof by reference. The County and Consultant agree that the Scope of Services attached as Exhibit B supersedes and replaces the Scope of Services dated 1/8/2019 and attached to Exhibit A and identified therein as "EXHIBIT "A"." C. Consultant submitted a Qualified Fee Proposal dated May 9, 2019, attached as Exhibit C to this Agreement and made a part hereof by reference. The Qualified Fee Proposal is based on the Revised Scope of Services attached as Exhibit B. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 83 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be as identified in Exhibit B and invoiced per Exhibit C (collectively, the "Exhibits", individually, Exhibit B or Exhibit C). The parties agree that the fully loaded hourly rates and staff hours shown in Exhibit C are estimates only to be used for billing purposes and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. The Exhibits include a description of services to be performed; a statement of fees; proposed schedule for compensation; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant (25 months) which is dependent on the schedule of the construction contractor; and any other additional instructions or provisions relating to the specific Services authorized that do not conflict with the terms of this Agreement. 1.3 Additional services not contained in the Exhibits which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Exhibit B. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2 84 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 the Project. The COUNTY shall promptly execute all permit applications necessary to 2.4 The COUNTY shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, 3 85 may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Construction Engineering and Inspection services as outlined in Exhibit B, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 Not used 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order, as may be modified from time to time based on the progress of the construction contract. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 Not used 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 4 86 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, field books, survey notes and information, , and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the project(s) for which the Consultant has provided CEI services, and the Consultant will make corrections to the Consultant's Work Product at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. However, the Consultant is permitted to retain sub -consultants to perform work under this Agreement. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 5 87 4.1 The time for completion of the Project shall be defined in the Exhibits. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional fee of TWO MILLION FOUR HUNDRED FIFTY TWO THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND SIXTY SEVEN CENTS ($2,452,760.67) for Services rendered for the Project, to be paid in monthly installments based on staff hours expended and materials and geotechnical tests performed, as set forth in the Exhibits. Duly certified invoices, in triplicate, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will review and will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for any travel within the State of Florida associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under the Exhibits at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6 88 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) 7 89 F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY shall be obligated to pay the Consultant for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8 90 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 9 91 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The prevailing party in any lawsuit arising out of or related to this Agreement shall be entitled to recover its reasonable attorney's fees and costs, including fees and costs through appeal. The parties expressly and voluntarily waive any and all rights to trial by jury in connection with any litigation arising out of or related to this Agreement. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. 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(a�ircgov.com, and mailing 10 92 address of the County's custodian of public records at 1801 27th Street, Vero Beach, Florida 32960). To the extent that Consultant's Records are subject to public records laws (Chapter 119, Florida Statutes), Consultant shall comply with all requirements of applicable public records laws, including the following: .1 Keep and maintain public records required by the County to perform the Services; .2 Upon request from the County's custodian of public records, provide the County with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in the applicable public records laws 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; and .4 Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Consultant: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 CONSOR Engineers LLC Attn: William R. Adams, III 359 Alcazar Avenue Coral Gables, Florida 33134 Email wadams@consoreng.com Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original 11 93 of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 12 94 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. INDIAN RIVER COUNTY CONSOR ENGINEERS, LLC BOARD OF COUNTY COMMISSIONERS By By William R. Adams, III, Sr. Vice President Date Witness: / Bob Solari, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By By Karen Chizmar Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 13 95 Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 1 Issue Date: February 1, 2019 Project Name: CEI Services for 43rd Avenue Bid Number: 2019040 Bid Opening Date: February 20, 2019 This addendum is being released to answer questions received to date. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Attachments: Engineer's Construction Cost Estimate 1— Roadway Plans 2 — Supplemental Plans 3 — Water and Sewer Plans Questions and Answers 1. Are CEI Resident Compliance Specialist services required for this project? Resident Compliance Specialist (RCS) services are not required by FDOT at this time; however, if there are any funding source changes from FDOT which then require RCS services it will be requested from the consultant and a change order to the CCEI contract will be made if necessary. 2. Are Laboratory Materials Testing services required as part of the CEI Team? The Consultant is responsible for securing a lab partner for testing services. The lab shall be accredited to perform testing on FDOT projects. 3. Will the County provide a Construction Cost Estimate for this project? Yes — attached 4. Will the County provide the most current plan sets for this project? Yes - attached 96 Project Name: RFQ #: Request for Qualifications Construction Engineering and Inspection (CEI), Services for IRC -0853 — 43rd Avenue (18th Street to 26th Street) (FDOT FM No. 431759) 2019040 RFQ Opening Date: Wednesday, February 20, 2019 RFQ Opening Time: 2:00 P.M. All Statements of Qualifications (SOQs) must be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late responses will be not be accepted or considered. PLEASE SUBMIT (1) ONE MARKED ORIGINAL, THREE (3) COPIES AND ONE ELECTRONIC COPY OF YOUR SOQ. Refer All Questions to: Email: purchasing@ircgov.com 97 REQUEST FOR QUALIFICATIONS RFQ # 2019040 Construction Engineering and Inspection (CEI) Services for IRC -0853 — 43rd Avenue (18th Street to 26th Street) In compliance with CCNA Chapter 287.055, the Indian River County Board of County Commissioners is requesting Statements of Qualifications (SOQs) for professional architectural and engineering firms for Construction Engineering and Inspection (CEI) Services for IRC -0853 — 43rd Avenue (18th Street to 26th Street). Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. Receipt of the SOQs as detailed in the RFQ by the Purchasing Division, 1800 27th Street, Building B, Vero Beach, Florida 32960, must occur before 2:00 p.m. Wednesday, February 20, 2019. Initial screening, ranking, final ranking and negotiations will be in accordance with the Consultant Competitive Negotiation Act, F.S. 287.055. The Board of County Commissioners reserves the right to accept or reject any and all submittals and to waive all informalities. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication in the Indian River Press Journal Date: Friday, January 18, 2019 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 98 Statement of No Bid/Proposal Should you elect not to respond, please complete and send this page by email (purchasing@ircgov.com), fax (772-770-5140) or by mail to Indian River County Purchasing, 1800 27th Street, Vero Beach, FL 32960. Please select all of the following that apply. Our decision not to submit on the subject project was based on: Project is located too far from our base of operations Project value too low Project specifications unclear (please explain below) Material availability may be a challenge Our current schedule will not allow us to perform Unable to meet insurance requirements Other: Other: General comments regarding the bid and/or plans and specifications: 99 Proposer Information Form Please return one copy of this form to assist us in learning more about where our solicitation opportunities are most often found. Please tell us how you found out this Request for Proposals was released/available: Indian River Press Journal (TCPaIm) I I Demandstar/Onvia Email from Purchasing Division Indian River County Web Site Planroom (Please provide the name): Other (please describe): 100 Scope of Services See Exhibit "A" 101 Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted: Submit one marked original and three (3) copies, plus one electronic copy, plus one electronic copy on CD or USB thumb drive. SOQs must include and are requested to be organized as follows: a. A history a description of the range of services offered by of the Consultant. b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. d. A description of expertise or unique capability Consultant can provide the County. e. Provide a projected timeline/schedule with the Consultant's methodology. f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. h. Certification Regarding Prohibition Against Contracting with Scrutinized Companies i. Proof of FDOT Prequalification in Work Types 10.1, 10.3 and 10.4 Method of Selection: The County shall convene a Selection Committee of which the responsibility shall be as follows: a. Independently review and evaluate each Submittal 1. Each committee member shall evaluate each firm by assigning a number of points for each criterion, as established in the solicitation, and then totaling the number of points for all criteria. 2. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. b. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. The rankings received by each firm from all committee members shall be totaled and divided by the number of committee members, to produce an average ranking. 2. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. 3. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The firm with the highest number of points will be awarded the higher ranking position. 4. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the committee is satisfied with the rankings. 5. After interviews, and based upon information learned during the interviews, each committee member will rank the firms in order of preference and a consolidated final committee ranking established. c. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFP would not be in the public interest. 102 d. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. e. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Criteria for Award: EVALUATION CRITERIA EVALUATION POINTS MAXIMUM 1. Firm qualifications/capabilities and similar projects* 20 2. Staff qualifications 25 3. Approach 40 4. References 15 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. 103 General Instructions Cone of Silence. Potential respondents and their agents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of solicitation advertisement until the Board of County Commissioners meets to authorize ranking and/or award. Communication in violation of this item may result in disqualification. Sealed Submittals and Envelope Markings: All responses shall be submitted in a sealed envelope or box. The outside of the envelope shall be clearly marked with the Consultant's Name and Return Address, Proposal #, Title, Date of opening, and Time of Opening. Opening Location: Responses must be received by the Purchasing Division at 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Proposals. SOQs received after the stated time and date will not be accepted or considered. Submission: Submit one marked original and three (3) copies of your SOQ. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful Consultant and will be filled out by the County. Indemnification: The Consultant shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the consultants, or its employees, agents, subconsultants, or other persons or entities performing work under the contract. Public Access: The Consultant shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Consultant shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. The Consultant shall provide the public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. The Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Consultant shall meet all requirements for retaining public records and transfer, at no cost, to the County, all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Consultants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the 104 date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Scrutinized Companies Lists: The bidder certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County 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. Regulations: It shall be the responsibility of the Consultant to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any Consultant as to the meaning of the RFQ documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@ircgov.com) ten (10) or more days before the date fixed for opening of the RFQ. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to Consultants will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFQ documents have been issued. All such Addenda shall become part of the 105 RFQ documents. Further, it shall be the responsibility of each Consultant, prior to submitting their SOQ, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their SOQ. Applicable Law and Venue: Contract(s) resulting from this RFQ and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this solicitation and resulting agreement. 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. Conflict of Interest: Any entity submitting a bid, proposal, qualifications or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Prohibition Against Contingent Fees: If a contract is entered resulting from this request for qualifications, it shall include a prohibition against contingent fees statement, as required by FS 255.087. Right to Protest: Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards: The County reserves the right to cancel the solicitation, reject any and all SOQs or waive any irregularity or technicality in submittals received. The County reserves the right to not make any award(s) under this solicitation. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the Consultant fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Consultant agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this solicitation and resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. 106 Insurance: The Consultant shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability — Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. Indian River County reserves the right to accept or reject any or all submittals in whole or in part and waive all any technicality or irregularity. 107 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2019040 for Construction Engineering and Inspection (CEI) Services for IRC -0853 — 43rd Avenue (18th Street to 26th Street). 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN) is 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] 108 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee STATE OF COUNTY OF (Signature) (Date) The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or who has produced as identification. SIGN: NOTARY PUBLIC PRINT: Notary Public, State at large My Commission Expires: (Seal) 109 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: 110 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Firm certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 111 1/8/2019 EXHIBIT "A" CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES FOR Project Description 43rd Avenue (18th Street to 26th Street)(SR-60) FDOT CIGP Project IRC Project No.: 0853 Financial Project ID(s): 431759-1-4B/42/43/45-01 Federal Project No.: N/A 112 TABLE OF CONTENTS Contents 1.0 PURPOSE: 3 2.0 SCOPE: 3 3.0 LENGTH OF SERVICE: 3 4.0 DEFINITIONS: 4 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: 5 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6 6.1 INDIAN RIVER COUNTY DOCUMENTS: 6 6.2 OFFICE AUTOMATION: 6 6.3 FIELD OFFICE' 7 6.4 VEHICLES: 7 6.5 FIELD EQUIPMENT: 7 6.6 LICENSING FOR EQUIPMENT OPERATIONS: 7 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT- 7 8.0 PERFORMANCE OF THE CONSULTANT: 8 9.0 REQUIREMENTS OF THE CONSULTANT: 8 9.1 GENERAL: 8 9.2 SURVEY CONTROL: 9 9.3 ON-SITE INSPECTION' 9 9.4 SAMPLING AND TESTING' 9 9.5 ENGINEERING SERVICES: 10 9.6 GEOTECHNICAL ENGINEERING' 13 10.0 PERSONNEL: 16 10.1 GENERAL REQUIREMENTS: 16 10.2 PERSONNEL QUALIFICATIONS' 17 10.3 STAFFING: 23 11.0 QUALITY ASSURANCE (QA) PROGRAM: 24 11.1 QUALITY ASSURANCE PLAN: 24 11.2 QUALITY ASSURANCE REVIEWS: 24 11.3 QUALITY RECORDS' 25 12.0 CERTIFICATION OF FINAL ESTIMATES: 25 12.1 FINAL ESTIMATE AND AS -BUILT PLANS SUBMITTAL' 25 12.2 CERTIFICATION: 25 12.3 OFFER OF FINAL PAYMENT: 25 13.0 AGREEMENT MANAGEMENT. 26 13.1 GENERAL: 26 14.0 OTHER SERVICES: 26 15.0 POST CONSTRUCTION CLAIMS REVIEW: 26 16.0 CONTRADICTIONS: 27 17.0 THIRD PARTY BENEFICIARY 27 18.0 INDIAN RIVER COUNTY AUTHORITY 27 113 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, and materials sampling' and testing for the construction projects listed below. 2.0 SCOPE: Provide services as defined in this Scope of Services, the referenced Indian River County and FDOT manuals & procedures. The projects for which the services are required are: Financial Project IDs: 431759-1-4B/42/43/45-01 Descriptions: 43rd Avenue (18th Street to 26th Street)(SR-60) FDOT CIGP Project County: Indian River Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to Indian River County's Roadway Production Manager and Project Manager respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT's and Indian River County's manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by Indian River County. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office's website. Indian River County manuals, procedures and memorandums will be provided, upon request, by Indian River County Staff. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both Indian River County and the Contractor either directly or indirectly. 3.0 LENGTH OF SERVICE: The services for this Construction Contract shall begin upon written notification to proceed by Indian River County. Track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by Indian River County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with Indian River County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed for the project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. 114 The anticipated letting schedules and construction times for the projects are tabulated below: Construction Contract Estimate Financial Letting Date Start Date Duration Project ID (Mo/Day/Yr) (Mo/Day/Yr) (Days) 431759 5/2019 7/2019 660 4.0 DEFINITIONS: A. Agreement: The Professional Services Agreement between Indian River County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Contractor: The individual, firm, or company contracting with Indian River County for performance of work or furnishing of materials. C. Construction Contract: The written agreement between Indian River County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. D. Construction Project Manager: The Indian River County employee assigned to manage the Construction Engineering and Inspection Contract and represent Indian River County during the performance of the services covered under this Agreement. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. F. Consultant: The Consulting firm under contract to Indian River County for administration of Construction Engineering and Inspection services. G. CEI Project Administrator/Project Engineer: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. H. CEI Resident Compliance Specialist: The employee assigned by the Consultant to oversee project specific compliance functions. CEI Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. J. District Construction Engineer: The administrative head of the FDOT District's Construction Offices. K. District Contract Compliance Manager: The administrative head of the FDOT District Contract Compliance Office. L. District Consultant CEI Manager: The Indian River County employee assigned to administer the Consultant Construction Engineering and Inspection (CCEI) Program in the District. 115 M. District Director of Transportation Operations: The FDOT Director of Construction, Maintenance, Traffic Operations, Materials, and Safety. N. District Final Estimates Manager: The administrative head of the FDOT District Final Estimates Office. O. District Professional Services Administrator: The Administrative Head of the FDOT Pro- fessional Services Office. P. District Secretary: The Chief Executive Officer in each of FDOT's eight (8) Districts. Q. Districtwide Contract Compliance Specialist Consultant: The consultant hired under a separate agreement with FDOT to ensure contractors on multiple contracts are in compliance with the requirements of the Federal Highway Administration and USDOL. R. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. S. Indian River Assistant Public Works Director: The deputy administrative head of Indian River County's Public Works projects. T. Indian River County Public Works Director: The administrative head of Indian River County's Public Works. U. Operations Engineer: The FDOT Engineer assigned to a particular County or area to administer Construction and Maintenance Contracts for Indian River County. V. Public Information Office: Indian River County's Public Works staff assigned to manage the Public Information Program. W. Resident Engineer: The FDOT Engineer assigned to a particular County or area to admin- ister Construction Contracts for Indian River County. 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: A. Indian River County, on an as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper or electronic format. 1. Construction Plans, 2. Specification Package, 3. Copy of the Executed Construction Contract, and 4. Utility Agency's Approved Material List (if applicable). B. Indian River County will provide connection to the County's electronic project management system (eBuilder). Appropriate approvals must be received from Indian River County prior to their use. C. FDOT will furnish and support the software packages for SiteManager or MACs if required by FDOT. 116 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 Indian River County Documents: All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at the FDOT's website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 414-4050 http://www.fdot.gov/construction/ 6.2 Indian River County Documents: All applicable Indian River County documents referenced herein shall be a condition of this Agreement. All Indian River County documents, directives, procedures, and standard forms are available upon request from the Indian River County Project Manager. 6.3 Office Automation: Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer (or tablet) capable of running SiteManager application through Citrix connection using a mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment furnished by them. All informational, contractual and other business required for this project will be through a system of paperless electronic means. When the specifications require a written submission of documentation, if possible, such documents must be submitted electronically. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. Indian River County will provide a web -based collaboration site to facilitate the electronic document exchange. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. 117 6.4 Field Office: Provide a field office with sufficient room and furnishings to effectively carry out their responsibilities under this Scope of Services. Field office shall be approved by Indian River County. Field Office expenses will be compensated in accordance with Exhibit B (to be prepared during award), Method of Compensation (per week). Provide a private office (minimum of 150 square feet) for the Construction Project Manager with office furniture, telephone and broadband internet access. 6.5 Vehicles: Vehicles will be equipped with appropriate safety equipment, including strobes, and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.6 Field Equipment: Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.7 Licensing for Equipment Operations: Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by Indian River County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep Indian River County's Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. 118 Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Inform the designated Indian River County Project Manager of any design defects, reported by the Contractor or observed by the Consultant. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, Work Change Directives, and Supplemental Amendments to the Indian River County Construction Project Manager for review and approval. 8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Supplemental Amendments thereof, Indian River County will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. Cooperate and assist Indian River County representatives in conducting the reviews. If deficiencies are indicated, remedial action shall be implemented immediately. Indian River County recommendations and Consultant responses/actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Immediately replace personnel whose performance has been determined by the Consultant and/or Indian River County to be inadequate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. 9.0 REQUIREMENTS OF THE CONSULTANT: 9.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to Indian River County, and direct the Contractor to correct such observed discrepancies. Supplemental Agreements must be determined to be in accordance with Florida law by the Indian River County Public Works Director prior to approval by the Consultant. For any Supplemental Agreement which exceeds the thresholds, prepare the Supplemental Agreement as a recommendation to Indian River County, which Indian River County may accept, modify or reject upon review. Consult with the Construction Project Manager as 119 necessary and direct all issues, which exceed delegated authority to the Construction Project Manager for Indian River County action or direction. Inform the designated Indian River County Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Consultant shall be FDOT Prequalified to perform Construction Engineering Inspection services and provide evidence of being pre -qualified within FDOT Work Types 10.1, 10.3 and 10.4. 9.2 Survey Control: Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre -construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. Provide survey data in the most recent commercially available AutoCAD, by Autodesk, format at the time the CCEI contract is advertised. Any questions or requests for "Waiver of Survey" should be directed to the Indian River County Assistant Public Works Director. 9.3 On-site Inspection: Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Indian River County will monitor off-site activities and fabrication unless otherwise stipulated by this Agreement. Perform underwater bridge construction inspections of bridges with permanently submerged structural members in compliance with CPAM Section 10.6, Underwater Bridge Construction Inspection. Monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with Indian River County's procedures. Consultant employees performing such services shall be qualified in accordance with FDOT & Indian River County's procedures. 9.4 Sampling and Testing: Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality 120 Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. FDOT or Indian River County may perform inspection and sampling of materials and components at locations remote from the project site and FDOT or Indian River County may perform testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Indian River County will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing. Sampling, testing and laboratory methods shall be as required by Indian River County's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that the construction work is done. Transport samples to be tested in a FDOT Laboratory to the appropriate laboratory or appropriate local FDOT facility. Where required input verification testing information and data into FDOT's database using written instructions provided by FDOT. 9.5 Engineering Services: Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to Indian River County for failure of such parties to follow written direction issued by the Consultant. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: (1) Attend a pre -service meeting for the Agreement in accordance with CPAM. Provide appropriate staff to attend and participate in the pre -service meeting. At the time of this meeting submit the FDOT Computer Security Access Request for use of FDOT Data Center Facilities, if required, in addition to identifying all Consultant personnel requiring access to Indian River County's eBuilder Project Management system to the Construction Project Manager for approval. (2) If required, schedule and attend a Final Estimate informational meeting with the District Construction Final Estimates Office. Provide appropriate staff to attend and participate in this meeting. 121 (3) If required, schedule and attend a meeting with the District Contract Compliance Manager prior to the Pre -construction Conference. The Resident Compliance Specialist shall attend this meeting. In most cases, the above will take two separate meetings based on experience and knowledge of the particular firm. (4) If required, schedule and attend SiteManager/EDMS informational meeting with the District Construction Office. Provide appropriate staff to attend and participate in this meeting. (5) Schedule and attend a training session with the County's project management staff for all consultant staff who will be required to use the County's eBuilder project management system. Provide personnel proficient in the use of computers and scanner operation to input construction documents into the County's project management system. Duties will include scanning, attributing and retrieving documents that are to be archived electronically. (6) Schedule and conduct a meeting with the County's Environmental Liaison prior to the Pre -construction conference and another meeting prior to project final acceptance. The purpose of these meetings is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. (7) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and Indian River County's guidelines. (8) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as -built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (9) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary documentation. (10) Monitor, inspect and document utility relocation self -performed by the Contractor for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List. Document utility construction progress to be performed by Utility Agencies. Facilitate coordination and communication between Utility 122 Agency's representatives, Indian River County's staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including Indian River County and Local Government owned facilities. Identify, review, and track progress of Joint Project Agreements, and/or other Indian River County and utility agreements. Address work progress, track reimbursement activities, and address betterment and salvage determination. Prepare all necessary documentation to support reimbursement activities and betterment and salvage determination. (11) Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for. Indian River County to make timely payment to the Contractor. (12) Prepare and make presentations for meetings and hearings before the Dispute Review Boards in connection with the project covered by this Agreement. (13) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT procedures. (14) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (15) Indian River County will provide Public Information Services. (16) Prepare and submit to the Construction Project Manager monthly, a project construction status report, in a format to be approved by Indian River County. (17) Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (18) Provide a digital camera for photographic documentation of pre -construction state and of noteworthy incidents or events during construction. These photographs will be uploaded into the County's electronic project management system. 123 Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Substantial Completion and Final Acceptance. Provide visual documentation of the Project through the periodic collection of a set of panoramic digital photographs at predetermined stations throughout the project. Photographic locations should be located at intervals such that the digital photographs collectively portray the majority of the visible surfaces on the Project. The digital photographs should be taken with a frequency designed to reveal changes in the progress of the Project, which can be compared to other project data including daily reports of construction and scheduling updates. Photographic data files comprising each digital photograph are to be supplied together with an HTML (web page) based access and display system for viewing the photographs. Original photographic data files are to be supplied for archival purposes and comprise photographic data identical in form and content to that produced by the digital camera used to capture the image. Working photographic data files are to be supplied for everyday reference purposes and comprise copies of each original photographic data file, which have been processed to a reduced pixel and color resolution (size and clarity) for distribution via CD ROM and the Internet. The access and display system should be comprised of a series of HTML files (web pages) which allow a user to view each photographic data file at random, and in a sequence which simulates the visual experience of a viewer moving through the actual Project from one photographic station to the next. The original photographic data files, working photographic data files and access and display system are to be distributed on CD ROM and portable hard disk media. The working photographic data files and the access and display system should also be maintained on a server accessible via the Internet. 9.6 Geotechnical Engineering: The prime Consultant may engage the services of a geotechnical subconsultant to perform some of the services indicated in this section. However, the prime Consultant will be responsible to Indian River County for the satisfactory performance and timeliness of these services. The prime Consultant will be required to interact with the District Geotechnical Engineer (DGE) office and any geotechnical subconsultant assigned to the project by the DGE office under a District -wide contract. All references to the DGE in the following sections implicitly include the DGE and his/her delegated representative on the project, who may be the DGE office in-house personnel or a subconsultant working for the DGE office. Become familiar with the existing site conditions and the contract documents. Observe and record the progress and quality of foundation work to determine that the foundations are constructed at the correct locations and elevations, identify discrepancies, and direct the Contractor to correct such observed discrepancies. Attend the Preconstruction Conference and/or special geotechnical meeting for the Construction Contract. All services under this section will be performed in accordance to FDOT Specification Section 455. Inspect and verify that the Contractor has performed the foundation work in accordance with applicable FDOT Specification Section 455 and other contract documents. Provide qualified Geotechnical Engineers and CTQP qualified inspectors in Drilled Shaft/Pile 124 Driving/Auger Cast Pile inspection, relevant to the foundation type(s) required in the plans. Schedule meetings and facilitate communications between the Contractor and any Specialty Contractors, the CEI, and the DGE as needed. Observe and verify that all work is performed in accordance with the contract documents. Assure that any specialty work is completed as necessary to accomplish its intent. The following geotechnical engineering services shall be performed: 1) Drilled Shafts: • Process and review the Drilled Shaft Installation Plan in accordance with CPAM. • Schedule a pre -drilled shaft installation meeting to review and discuss the drilled shaft installation procedures. Make sure that the Contractor's field superintendent, CEI's drilled shaft inspector(s), and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Inspect installation of test holes (methods shafts), load test shafts, and production shafts and ensure they are constructed in accordance with the plans, specifications, and special provisions for the Construction Contract. Report to the DGE any problems observed during the installation of the test holes, deviations from the Drilled Shaft Installation Plan or contract documents, and construction quality issues associated with the Contractor's methods. • If there are pilot holes in the project, advise the DGE on the pilot hole schedule. Verify the pilot hole locations. Inspect the performance of the pilot holes and complete the proper FDOT inspection form, describing accurately the soils/rocks encountered and corresponding depths, the results of field testing performed (Standard Penetration Test blow counts, Cone Penetration Tests, or other, if applicable) and the results of the rock coring performed (coring time, recovery and RQD). • Analyze the load test data, pilot holes and any other available soils/rock data as required to establish final drilled shaft tip elevations and minimum rock socket lengths. Submit report(s) recommending production shaft tip elevations, minimum rock socket lengths and any other recommendations that may be required in the project (such as rock socket material definition and impact of permanent or temporary casing on the required minimum socket lengths) to the DGE for approval. • Inspect the bottom of the shafts for cleanliness using manual soundings or shaft inspection device as required in the contract documents. • Complete all necessary drilled shaft inspection forms and keep a log of all inspections made of the shafts. Observe the performance of any load tests and verify that the details are implemented as planned. • Provide completed drilled shaft inspection forms for all production and test shaft installations to the DGE upon completion of the drilled shaft installation. • When conditions occur which are different from those indicated on the plans, immediately report them to the Geotechnical Engineer of Record and the DGE. Recommend adjustments to the authorized depths as necessary to obtain the shaft capacity to the DGE for approval. • Review the drilled shaft logs and the concrete placement logs to identify possible shaft integrity problems and potential causes. Communicate identified issues to the DGE. 125 • Hire a Specialty Engineer to perform non-destructive integrity testing of drilled shafts as required to estimate shaft uniformity and to detect possible shaft defects. Report results to the DGE. • Evaluate problems encountered during construction, and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing Drilled Shaft Installation Plan approval. 2) Piles: • Process and review the Pile Installation Plan in accordance with CPAM. • Perform preliminary Wave Equation Analyses to assess and provide comments regarding the suitability of hammer driving system(s) included in the Pile Installation Plan. Provide analyses results (estimated blow count ranges for the nominal bearing resistances, installation stresses etc.) to the DGE. • Schedule a pre -pile installation meeting to review and discuss the pile installation procedures. Make sure the Contractor's field superintendent, CEI's pile inspectors, and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Provide personnel proficient in operation of the PDA or EDC monitoring equipment required for the project, for data collection, interpretation and analysis. Utilize the most current version of equipment and software for dynamic testing and dynamic data analysis. • Perform dynamic testing per the contract documents during initial driving and re - drives. Submit electronic Pile Driving Analyzer (PDA) and Embedded Data Collector (EDC) files upon completion of the test pile installation. • Inspect and record the test pile driving process in accordance with CPAM. • Perform signal matching analysis on test pile data for selected blows, using the latest software version. At a minimum, signal matching analysis shall be performed on initial drive data where required resistance is obtained below the minimum tip elevation and on set -check data (if any). If requested in special circumstances, the end of drive signal matching analysis will be performed in the field upon completion of the drive; otherwise it shall be completed within 24 hours of driving the instrumented pile. • Analyze the test data and available soils data as required to establish production pile lengths and driving criteria. The analysis must include signal matching analysis and wave equation calibration analysis to determine a pile driving -soil system model that will predict accurately driving resistance with stroke (or pressure) and blows per foot while matching transferred energy and dynamic stresses with the ones measured in the field. Submit preliminary report(s) recommending production pile lengths and driving criteria to the DGE for approval. The preliminary report shall include printed & plotted Signal Matching and Wave Equation Analysis outputs, and electronic files (Windows compatible) of all raw data obtained by the PDA and EDC equipment and the signal matching and wave equation analyses. • Furnish final written letters, signed and sealed, for production pile lengths and the driving criteria in accordance with CPAM. When applicable, include recommendations to determine "firm bearing material". • Inspect the conditions of the piles prior to installation, including any pile splices. • Observe and verify that concrete piles were properly supported during storage and handled with appropriate pick-up details per contract documents. • Inspect the pile driving installation. Complete the FDOT pile driving logs. 126 • Observe the performance of any static or statnamic load tests and review the details are implemented as planned. • Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible additional testing and withdrawing the Pile Installation Plan. 3) Spread Footings: • Observe construction of spread footing foundations and verify that they are founded at the required elevation and on the proper soil/rock material. • Verify the Construction Plan requirements and the applicable specifications are followed throughout the spread footing construction. • Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems. 4) Auger Cast Piles for Sound Barrier Walls: • Process and review the Auger Cast Pile Installation Plan in accordance with CPAM. • Schedule a pre -pile installation meeting to go over the auger cast pile installation procedures. Make sure the Contractor's field superintendent, CEI's auger cast pile inspectors and the DGE are invited. Prepare and distribute minutes to the attendees. • Observe installation of demonstration pile and production piles. Submit the demonstration pile records to the DGE. Work with the DGE to ensure that the letter of acceptance or recommendations of the production pile installation is issued in accordance with CPAM. • Inspect and verify the requirements on the Construction Plans and applicable specifications are followed throughout the auger cast pile installation. • Cast cylinders for grout strength testing in accordance with the specifications • Complete the FDOT auger cast pile field installation logs and forward them to the DGE upon completion of the auger cast pile installation. • Verify the quality control processes of the Auger Cast Pile Installation Plan are followed during construction. • Examine the records and evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing the Auger Cast Pile Installation Plan approval. 10.0 PERSONNEL: 10.1 General Requirements: Provide prequalified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Method of compensation for personnel assigned to this project shall be outlined in Exhibit "B — Lump Sum payment for CCEI Services" Lump Sum costs shall be based upon the assumption of a standard work week as follows: • 7 AM to 5PM Monday through Friday 127 • IRC & FDOT Holidays are to be observed. An hourly burdened rate schedule is to be provided for the purpose of billing the Contractor, at the discretion of the IRC Public Works Director or their designee, for work outside of normal work hours, failed tests, or failure to pursue work. 10.2 Personnel Qualifications: Provide competent personnel qualified by experience and education. Submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from Indian River County. Staff that has been removed shall be replaced by the Consultant within one week of Indian River County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for fulfilling the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to Indian River County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications/certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to Indian River County's procedures, Specifications and Design Standards will be obtained. The District Construction Engineer or designee will have the final approval authority on such exceptions. Complex Category Two (CC2) Bridge Structures: Bridge structures that are complex and require advanced designs and construction engineering and inspection. The following structures are classified as CC2 bridge structures: • Concrete Post -Tensioned Segmental Box Girder (CPTS) • Concrete Post -Tensioned Continuous Beam (CPTCB) • Movable Bridges (MB) • Post -tensioned Substructures (PTS) CEI SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of 128 engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) - for Complex Bridge Projects with the exception of PTS projects which require two (2) years of major bridge construction], or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with Indian River County standards. Also must have the following: QUALIFICATIONS: Attend the CTQP Quality Control Manager course and pass the examination. CERTIFICATIONS: FDOT Advanced MOT OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR/PROJECT ENGINEER - A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, a Civil Engineering degree and registered in the State of Florida as a professional engineer (or if registered in another state, have the ability to obtain registration in Florida within six (6) months) plus five (5) years general bridge construction experience, two (2) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope or for non- degreed and/or non -registered personnel eight (8) years of general bridge construction experience, (4) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of one (1) year of experience as the Project Administrator in primary control of the type of CC2 construction project for which CEI services are being provided by this scope. As an exception, only one (1) year of PTS bridge experience will be required for registered project administrators and two (2) years of PTS bridge experience for non -registered project administrators. Post -tensioning experience is not required for precast prestressed concrete flat slab superstructures but successful completion of an FDOT accredited grouting and post -tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Resident Compliance Specialist, and Secretary) and must have been directly responsible for all CEI services assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations and related 129 surveying; (2) segment erection and related surveying, post -tensioning (PT) of tendons and grouting of prestressing steel. CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: QUALIFICATIONS: CTQP Final Estimates Level II CERTIFICATIONS: FDOT Advanced MOT OTHER: Attend CTQP Quality Control Manager Course and pass the examination. Attend a FDOT accredited post -tensioning training course and pass the examination (for post -tensioned CC2 projects) Attend a FDOT accredited grouting training course and pass the examination (for post - tensioned CC2 projects) Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering Degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with Indian River County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Trimble Business Center - Heavy Construction Edition (HCE) or approved surface to surface comparison software and Engineering Menu. QUALIFICATIONS: CTQP Final Estimates Level II CEI ASSOCIATE CONTRACT SUPPORT SPECIALIST - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) 130 years experience in construction office management having performed project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.). Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction Contract changes, etc.). Project specific work under the general supervision of the Senior Project Engineer and staff. QUALIFICATIONS: CTQP Final Estimates Level I CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) For CC2 bridge structures, be a high school graduate or equivalent and have five (5) years of general bridge construction experience of which two (2) years must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. As an exception, only one (1) year of PTS bridge experience will be required. Additionally, a minimum of twelve (12) months of experience as the Senior Inspector in primary control of the type CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection inspection. In addition, two (2) years of geometry -control surveying experience is required for inspectors that perform or monitor geometry control surveying in a casting yard. CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems for electrical inspectors. Must have the following as required by the scope of work for the project: QUALIFICATIONS: CTQP Concrete Field Technician Level I CTQP Concrete Field Inspector Level II (Bridges) CTQP Asphalt Roadway Level I CTQP Asphalt Roadway Level II 131 CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) CTQP Grouting Technician Level I CTQP Post -Tensioning Technician Level I IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, or an Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualifications and certifications within one year, plus demonstrated knowledge in the following: Must have the following as required by the scope of work of the project: QUALIFICATIONS: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors 132 OTHER: Complete the Critical Structures Construction Issues, Self Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible for performing assignments in assisting Senior -Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. CEI INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical calculation and follow simple technical instructions. Duties are to assist higher-level inspectors. Must obtain FDOT Intermediate MOT within the first six months of the assignment. CEI SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced in field engineering and construction layout, making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. CEI INSTRUMENT PERSON - High school graduate plus three (3) years of experience in construction surveying one (1) year of which shall have been as instrument -man. Responsible for performing assignments in assisting Party Chief in the performance of their duties. Receives general supervision from Party Chief who reviews work while in progress. CEI ROD-PERSON/CHAIN PERSON - High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. CEI SECRETARY/CLERK TYPIST- High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision of the Senior Project Engineer and staff. CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) years' experience in the surveillance and inspection of hot mix asphalt plant operations or 80 hours working under an approved and qualified asphalt plant inspector at the asphalt plant and have the following: QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CEI GEOTECHNICAL ENGINEER for Category I Bridge Pile Foundations - Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with pile foundations. Experience performing. Analyzing and interpreting the results of: non-destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. 133 CEI GEOTECHNICAL TECHNICIAN for Pile Foundations- Qualified CTQP Pile Driving Inspector, knowledgeable in pile installation in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects: for projects with Embedded Data Collectors (EDCs), certified EDC monitoring equipment operator. CEI GEOTECHNICAL TECHNICIAN for Drilled Shaft Foundations- Qualified CTQP Drilled Shaft Inspector, knowledgeable in drilled shaft installation with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects. CEI SENIOR LANDSCAPE INSPECTOR- High School Graduate or equivalent plus eight (8) years of roadway or commercial landscape construction experience, or a Bachelor degree in Horticulture, Urban Forestry, Landscape Architecture plus three (3) years of roadway or commercial landscape construction experience. The individual must be skilled at plant identification, classification, and grades and standards for nursery plants as established by the manual "Grades and Standards for Nursery Plants" by the Florida Department of Agriculture and Consumer Services. The individual must be knowledgeable of current Indian River County methods for landscape and irrigation installation. The individual must have the ability to read and interpret contract documents. For standalone landscape projects, required certification and training includes FDOT Intermediate MOT, FDEP Stormwater Erosion and Sedimentation Control Inspector, and Florida Licensed Landscape Architect or Florida Nursery Growers and Landscape Association (FNGLA) Certified Landscape Contractor. Desired certification and training includes, International Society of Arboriculture (ISA) Certified Arborist, University of Florida Landscape Palm Management Training, and International Society of Arboriculture Advanced Pruning. CEI UTILITY COORDINATOR- High School Graduate or equivalent and be knowledgeable of Indian River County's Standards, policies, procedures, and agreements and shall have a minimum of four (4) years of experience performing utility coordination in accordance with Indian River County's Standards, policies, procedures and agreements. 10.3 Staffing: Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until Indian River County has received a regular acceptance letter. Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 134 11.0 QUALITY ASSURANCE (QA) PROGRAM: 11.1 Quality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until Indian River County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and Indian River County procedures. 11.2 Quality Assurance Reviews: Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. 135 On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.3 Quality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to Indian River County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES: 12.1 Final Estimate and As -Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and FDOT's Procedures as required by CPAM and as modified by IRC Procedures. Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting the Contractor's work in accordance with CPAM & IRC Procedures. Revisions to the Certified Final Estimate will be made at no additional cost to Indian River County. 12.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Indian River County's procedures. 12.3 Offer of Final Payment: Prepare the Offer of Final Payment package as outlined in CPAM. The package shall accompany the Certified Final Estimates Package submitted to the Indian River County Public Works Department for review. The Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor. 136 13.0 AGREEMENT MANAGEMENT: 13.1 General: (1) With each monthly invoice submittal, the Consultant will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the Consultant funds expiration date per the Agreement schedule for the prime Consultant and for each subconsultant. The Consultant will provide a printout from the Equal Opportunity Reporting System showing the previous month's payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the Consultant identifies a condition that will require an amendment to the Agreement, the Consultant will communicate this need to the Construction Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the Construction Project Manager for approval and further processing. The AR is to be submitted at such time to allow Indian River County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by Indian River County. (3) The Consultant is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to Indian River County. 14.0 OTHER SERVICES: Upon written authorization by the Indian River County Public Works Director, or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Indian River County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. C. Provide inspection services in addition to those provided for in this Agreement. D. Provide services determined necessary for the successful completion and closure of the Construction Contract. 15.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplemental Amendment to this Agreement. 137 16.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 17.0 THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 18.0 INDIAN RIVER COUNTY AUTHORITY Indian River County shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. 138 1/8/2019 REVISED 5/9/2019 EXHIBIT CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES FOR INDIAN RIVER COUNTY PUBLIC WORKS Project Description 43rd Avenue (18th Street to 26th Street)(SR-60) FDOT CIGP Project IRC Project No.: 0853 Financial Project ID(s): 431759-1-4B/42/43/45-01 Federal Project No.: N/A 139 Contents 1.0 PURPOSE 3 2.0 SCOPE: 3 3.0 LENGTH OF SERVICE: 3 4.0 DEFINITIONS 4 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: 5 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6 6.1 INDIAN RIVER COUNTY DOCUMENTS 6 6.2 OFFICE AUTOMATION 6 6.3 FIELD OFFICE 7 6.4 VEHICLES 7 6.5 FIELD EQUIPMENT 7 6.6 LICENSING FOR EQUIPMENT OPERATIONS 7 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT 7 8.0 PERFORMANCE OF THE CONSULTANT 8 9.0 REQUIREMENTS OF THE CONSULTANT 8 9.1 GENERAL 8 9.2 SURVEY CONTROL 9 9.3 ON-SITE INSPECTION 9 9.4 SAMPLING AND TESTING 9 9.5 ENGINEERING SERVICES 10 9.6 GEOTECHNICAL ENGINEERING 13 10.0 PERSONNEL: 16 10.1 GENERAL REQUIREMENTS 16 10.2 PERSONNEL QUALIFICATIONS 17 10.3 STAFFING 23 11.0 QUALITY ASSURANCE (QA) PROGRAM 24 11.1 QUALITY ASSURANCE PLAN 24 11.2 QUALITY ASSURANCE REVIEWS 24 11.3 QUALITY RECORDS 25 12.0 CERTIFICATION OF FINAL ESTIMATES 25 12.1 FINAL ESTIMATE AND AS -BUILT PLANS SUBMITTAL 25 12.2 CERTIFICATION 25 12.3 OFFER OF FINAL PAYMENT 25 13.0 AGREEMENT MANAGEMENT 26 13.1 GENERAL 26 14.0 OTHER SERVICES 26 15.0 POST CONSTRUCTION CLAIMS REVIEW 26 16.0 CONTRADICTIONS 27 17.0 THIRD PARTY BENEFICIARY 27 18.0 INDIAN RIVER COUNTY AUTHORITY 27 140 Financial Project ID (s): 431759-1-4B/42/43/45-01 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, and materials sampling and testing for the construction projects listed below. 2.0 $COPE: Provide services as defined in this Scope of Services, the referenced Indian River County and FDOT manuals & procedures. The projects for which the services are required are: Indian River County: IRC -0853 Financial Project IDs: 431759-1-4B/42/43/45-01 Descriptions: 43rd Avenue (18th Street to 26th Street)(SR-60) FDOT CIGP Project County: Indian River Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to Indian River County's Roadway Production Manager and Project Manager respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT's and Indian River County's manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by Indian River County. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office's website. Indian River County manuals, procedures and memorandums will be provided, upon request, by Indian River County Staff. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both Indian River County and the Contractor either directly or indirectly. 3.0 LENGTH OF SERVICE: The services for this Construction Contract shall begin upon written notification to proceed by Indian River County. Track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by Indian River County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with Indian River County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed for the project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. Stage I, II or III B- 3 Version 111 Financial Project ID (s): 431759-1-4B/42/43/45-01 The anticipated letting schedules and construction times for the projects are tabulated below: Construction Contract Estimate Financial Letting Date Start Date Duration Project ID (Mo/Day/Yr) (Mo/Day/Yr) (Days) 431759 7/2019 8/2019 660 4.0 DEFINITIONS; A. Agreement: The Professional Services Agreement between Indian River County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Contractor: The individual, firm, or company contracting with Indian River County for performance of work or furnishing of materials. C. Construction Contract: The written agreement between Indian River County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis ofpayment. D. Construction Project Manager: The Indian River County employee assigned to manage the Construction Engineering and Inspection Contract and represent Indian River County during the performance of the services covered under this Agreement. E. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. F. Consultant: The Consulting firm under contract to Indian River County for administration of Construction Engineering and Inspection services. G. CEI Project Administrator/Project Engineer: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. H. CEI Resident Compliance Specialist: The employee assigned by the Consultant to oversee project specific compliance functions. CEI Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. J. District Construction Engineer: The administrative head of the FDOT District's Construction Offices. K. District Contract Compliance Manager: The administrative head of the FDOT District Contract Compliance Office. L District Consultant CEI Manager: The Indian River County employee assigned to administer the Consultant Construction Engineering and Inspection (CCEI) Program in the District. Stage I, II or III B- 4 Version 11142 Financial Project ID (s): 431759-1-4B/42/43/45-01 M. District Director of Transportation Operations: The FDOT Director of Construction, Maintenance, Traffic Operations, Materials, and Safety. N. District Final Estimates Manager: The administrative head of the FDOT District Final Estimates Office. O. District Professional Services Administrator: The Administrative Head of the FDOT Pro- fessional Services Office. P. District Secretary: The Chief Executive Officer in each of FDOT's eight (8) Districts. Q. Districtwide Contract Compliance Specialist Consultant: The consultant hired under a separate agreement with FDOT to ensure contractors on multiple contracts are in compliance with the requirements of the Federal Highway Administration and USDOL. R. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. S. Indian River Assistant Public Works Director: The deputy administrative head of Indian River County's Public Works projects. T. Indian River County Public Works Director: The administrative head of Indian River County's Public Works. U. Operations Engineer: The FDOT Engineer assigned to a particular County or area to administer Construction and Maintenance Contracts for Indian River County. V. Public Information Office: Indian River County's Public Works staff assigned to manage the Public Information Program. W. Resident Engineer: The FDOT Engineer assigned to a particular County or area to admin- ister Construction Contracts for Indian River County. 5.0 ITEMS TO BE FURNISHED BY INDIAN RIVER COUNTY TO THE CONSULTANT: A. Indian River County, on an as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper or electronic format. 1. Construction Plans, 2. Specification Package, 3. Copy of the Executed Construction Contract, and 4. Utility Agency's Approved Material List (if applicable). B. Indian River County will provide connection to the County's electronic project management system (e -Builder). Appropriate approvals must be received from Indian River County prior to their use. C. FDOT will furnish and support the software packages for SiteManager or MACs if required by FDOT. Stage I, II or III B- 5 Version 11043 Financial Project ID (s): 431759-1-4B/42/43/45-01 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 Indian River County Documents; All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at the FDOT's website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 414-4050 http://www.fdot.gov/construction/ 6.2 Indian River County Documents: All applicable Indian River County documents referenced herein shall be a condition of this Agreement. All Indian River County documents, directives, procedures, and standard forms are available upon request from the Indian River County Project Manager. 6.3 Office Automation: Stage I, II or III Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer (or tablet) capable of running SiteManager application through Citrix connection using a mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment furnishedby them. All informational, contractual and other business required for this project will be through a system of paperless electronic means. When the specifications require a written submission of documentation, if possible, such documents must be submitted electronically. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. Indian River County will provide a web -based collaboration site to facilitate the electronic document exchange. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remainat all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. B- 6 Version 11044 Financial Project ID (s): 431759-1-4B/42/43/45-01 6.4 Yield Office: A field office with sufficient room and furnishings to effectively carry out the responsibilities under this Scope of Services shall be provided by Indian River County. Utilities and custodial services shall be provided by the Consultant. Utilities to be provided include electric, water, sewer, trash, telephone and Internet. Field Office expenses will be compensated in accordance with Exhibit B, Method of Compensation. Vehicles: 6.5 Vehicles will be equipped with appropriate safety equipment, including strobes, and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. Field Eauinment: 6.6 Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. J.,icensin2 for Eauinment Operations: 6.7 Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by Indian River County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep Indian River County's Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Stage I, II or III B- 7 Version 11045 Financial Project ID (s): 431759-1-4B/42/43/45-01 Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Inform the designated Indian River County Project Manager of any design defects, reported by the Contractor or observed by the Consultant. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, Work Change Directives, and Supplemental Amendments to the Indian River County Construction Project Manager for review and approval. 8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Supplemental Amendments thereof, Indian River County will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. Cooperate and assist Indian River County representatives in conducting the reviews. If deficiencies are indicated, remedial action shall be implemented immediately. Indian River County recommendations and Consultant responses/actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Immediately replace personnel whose performance has been determined by the Consultant and/or Indian River County to be inadequate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. 9.0 REOUIREMENTS OF THE CONSULTANT: 9.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to Indian River County, and direct the Contractor to correct such observed discrepancies. Supplemental Agreements must be determined to be in accordance with Florida law by the Indian River County Public Works Director prior to approval by the Consultant. For any Supplemental Agreement which exceeds the thresholds, prepare the Supplemental Agreement as a recommendation to Indian River County, which Indian River Countymay accept, modify or reject upon review. Consult with the Construction Project Manager as Stage I, II or III B- 8 Version 1i06 Financial Project ID (s): 431759-1-4B/42/43/45-01 necessary and direct all issues, which exceed delegated authority to the Construction Project Manager for Indian River County action or direction. Inform the designated Indian River County Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Consultant shall be FDOT Prequalified to perform Construction Engineering Inspection services and provide evidence of being pre -qualified within FDOT Work Types 10.1, 10.3 and 10.4. 9.2 Survey Control: Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre -construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. Provide survey data in the most recent commercially available AutoCAD, by Autodesk, format at the time the CCEI contract is advertised. Any questions or requests for "Waiver of Survey" should be directed to the Indian River County Assistant Public Works Director. 9.3 On-site Inspection: Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Indian River County will monitor off-site activities and fabrication unless otherwise stipulated by this Agreement. Perform underwater bridge construction inspections of bridges with permanently submerged structural members in compliance with CPAM Section 10.6, Underwater Bridge Construction Inspection. Monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with Indian River County's procedures. Consultant employees performing such services shall be qualified in accordance with FDOT & Indian River County's procedures. 9.4 Sampling and Testing: Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Stage I, II or III B- 9 Version 1i07 Financial Project ID (s): 431759-1-4B/42/43/45-01 Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. FDOT or Indian River County may perform inspection and sampling of materials and components at locations remote from the project site and FDOT or Indian River County may perform testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Indian River County will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing. Sampling, testing and laboratory methods shall be as required by Indian River County's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that the construction work is done. Transport samples to be tested in a FDOT Laboratory to the appropriate laboratory or appropriate local FDOT facility. Where required input verification testing information and data into FDOT's database using written instructions provided by FDOT. 9.5 Engineerinn Services: Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to Indian River County for failure of such parties to follow written direction issued by the Consultant. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: (1) Attend a pre -service meeting for the Agreement in accordance with CPAM. Provide appropriate staff to attend and participate in the pre -service meeting. At the time of this meeting submit the FDOT Computer Security Access Request for use of FDOT Data Center Facilities, if required, in addition to identifying all Consultant personnel requiring access to Indian River County's e -Builder Project Management system to the Construction Project Manager for approval. (2) If required, schedule and attend a Final Estimate informational meeting with the District Construction Final Estimates Office. Provide appropriate staff to attend and participate in this meeting. Stage I, II or III B- 10 Version 11(48 Financial Project ID (s): 431759-1-4B/42/43/45-01 Stage I, II or III (3) If required, schedule and attend a meeting with the District Contract Compliance Manager prior to the Pre -construction Conference. The Resident Compliance Specialist shall attend this meeting. In most cases, the above will take two separate meetings based on experience and knowledge of the particular firm. (4) If required, schedule and attend SiteManager/EDMS informational meeting with the District Construction Office. Provide appropriate staff to attend and participate in this meeting. (5) Schedule and attend a training session with the County's project management staff for all consultant staff who will be required to use the County's e -Builder project management system. Provide personnel proficient in the use of computers and scanner operation to input construction documents into the County's project management system. Duties will include scanning, attributing and retrieving documents that are to be archived electronically. (6) Schedule and conduct a meeting with the County's Environmental Liaison prior to the Pre -construction conference and another meeting prior to project final acceptance. The purpose of these meetings is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. (7) (8) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and Indian River County's guidelines. Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as -built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (9) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary documentation. (10) Monitor, inspect and document utility relocation self -performed by the Contractor for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List. Document utility construction progress to be performed by Utility Agencies. Facilitate coordination and communication between Utilityi B- 11 Version 117+9 Financial Project ID (s): 431759-1-4B/42/43/45-01 Agency's representatives, Indian River County's staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including Indian River County and Local Government owned facilities. Identify, review, and track progress of Joint Project Agreements, and/or other Indian River County and utility agreements. Address work progress, track reimbursement activities, and address betterment and salvage determination. Prepare all necessary documentation to support reimbursement activities and betterment and salvage determination. (11) Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for Indian River County to make timely payment to the Contractor. (12) Prepare and make presentations for meetings and hearings before the Dispute Review Boards in connection with the project covered by this Agreement. (13) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT procedures. (14) NOT USED. (15) Indian River County will provide Public Information Services. (16) Prepare and submit to the Construction Project Manager monthly, a project construction status report, in a format to be approved by Indian River County. (17) Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (18) Provide a digital camera for photographic documentation of pre -construction state and of noteworthy incidents or events during construction. These photographs will be uploaded into the County's electronic project management system. Stage I, II or III B- 12 Version 11 O Financial Project ID (s): 431759-1-4B/42/43/45-01 Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Substantial Completion and Final Acceptance. 9.6 Geotechnical Engineering: The prime Consultant may engage the services of a geotechnical subconsultant toperform some of the services indicated in this section. However, the prime Consultant will be responsible to Indian River County for the satisfactory performance and timeliness of these services. The prime Consultant will be required to interact with the District Geotechnical Engineer (DGE) office and any geotechnical subconsultant assigned to the project by the DGE office under a District -wide contract. All references to the DGE in the following sections implicitly include the DGE and his/her delegated representative on the project, who may be the DGE office in-house personnel or a subconsultant working for the DGE office. Become familiar with the existing site conditions and the contract documents. Observe and record the progress and quality of foundation work to determine that the foundations are constructed at the correct locations and elevations, identify discrepancies, and direct the Contractor to correct such observed discrepancies. Attend the Preconstruction Conference and/or special geotechnical meeting for the Construction Contract. All services under this section will be performed in accordance to FDOT Specification Section 455. Inspect and verify that the Contractor has performed the foundation work in accordance with applicable FDOT Specification Section 455 and other contract documents. Provide qualified Geotechnical Engineers and CTQP qualified inspectors in Drilled Shaft/Pile Stage I, II or III B- 13 Version 111 Financial Project ID (s): 431759-1-4B/42/43/45-01 Driving/Auger Cast Pile inspection, relevant to the foundation type(s) required in the plans. Schedule meetings and facilitate communications between the Contractor and any Specialty Contractors, the CEI, and the DGE as needed. Observe and verify that all work is performed in accordance with the contract documents. Assure that any specialty work is completed as necessary to accomplish its intent. The following geotechnical engineering services shall be performed: 1) Drilled Shafts: • Process and review the Drilled Shaft Installation Plan in accordance with CPAM. • Schedule a pre -drilled shaft installation meeting to review and discuss the drilled shaft installation procedures. Make sure that the Contractor's field superintendent, CEI's drilled shaft inspector(s), and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Inspect installation of test holes (methods shafts), load test shafts, and production shafts and ensure they are constructed in accordance with the plans, specifications, and special provisions for the Construction Contract. Report to the DGE any problems observed during the installation of the test holes, deviations from the Drilled Shaft Installation Plan or contract documents, and construction quality issues associated with the Contractor's methods. • If there are pilot holes in the project, advise the DGE on the pilot hole schedule. Verify the pilot hole locations. Inspect the performance of the pilot holes and complete the proper FDOT inspection form, describing accurately the soils/rocks encountered and corresponding depths, the results of field testing performed (Standard Penetration Test blow counts, Cone Penetration Tests, or other, if applicable) and the results of the rock coring performed (coring time, recovery and RQD). • Analyze the load test data, pilot holes and any other available soils/rock data as required to establish final drilled shaft tip elevations and minimum rock socket lengths. Submit report(s) recommending production shaft tip elevations, minimum rock socket lengths and any other recommendations that may be required in the project (such as rock socket material definition and impact of permanent or temporary casing on the required minimum socket lengths) to the DGE for approval. • Inspect the bottom of the shafts for cleanliness using manual soundings or shaft inspection device as required in the contract documents. • Complete all necessary drilled shaft inspection forms and keep a log of all inspections made of the shafts. Observe the performance of any load tests and verify that the details are implemented as planned. • Provide completed drilled shaft inspection forms for all production and test shaft installations to the DGE upon completion of the drilled shaft installation. • When conditions occur which are different from those indicated on the plans, immediately report them to the Geotechnical Engineer of Record and the DGE. Recommend adjustments to the authorized depths as necessary to obtain the shaft capacity to the DGE for approval. • Review the drilled shaft logs and the concrete placement logs to identify possible shaft integrity problems and potential causes. Communicate identified issues to the DGE. Stage I, II or III B- 14 Version 112 Financial Project ID (s): 431759-1-4B/42/43/45-01 • Hire a Specialty Engineer to perform non-destructive integrity testing of drilled shafts as required to estimate shaft uniformity and to detect possible shaft defects. Report results to the DGE. • Evaluate problems encountered during construction, and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing Drilled Shaft Installation Plan approval. 2) Piles: • Process and review the Pile Installation Plan in accordance with CPAM. • Perform preliminary Wave Equation Analyses to assess and provide comments regarding the suitability of hammer driving system(s) included in the Pile Installation Plan. Provide analyses results (estimated blow count ranges for the nominal bearing resistances, installation stresses etc.) to the DGE. • Schedule a pre -pile installation meeting to review and discuss the pile installation procedures. Make sure the Contractor's field superintendent, CEI's pile inspectors, and the DGE are invited. Prepare and distribute meeting minutes to the attendees. • Provide personnel proficient in operation of the PDA or EDC monitoring equipment required for the project, for data collection, interpretation and analysis. Utilize the most current version of equipment and software for dynamic testing and dynamic data analysis. • Perform dynamic testing per the contract documents during initial driving and re - drives. Submit electronic Pile Driving Analyzer (PDA) and Embedded Data Collector (EDC) files upon completion of the test pile installation. • Inspect and record the test pile driving process in accordance with CPAM. • Perform signal matching analysis on test pile data for selected blows, using the latest software version. At a minimum, signal matching analysis shall be performed on initial drive data where required resistance is obtained below the minimum tip elevation and on set -check data (if any). If requested in special circumstances, the end of drive signal matching analysis will be performed in the field upon completion of the drive; otherwise it shall be completed within 24 hours of driving the instrumented pile: • Analyze the test data and available soils data as required to establish production pile lengths and driving criteria. The analysis must include signal matching analysis and wave equation calibration analysis to determine a pile driving -soil system model that will predict accurately driving resistance with stroke (or pressure) and blows per foot while matching transferred energy and dynamic stresses with the ones measured in the field. Submit preliminary report(s) recommending production pile lengths and driving criteria to the DGE for approval. The preliminary report shall include printed & plotted Signal Matching and Wave Equation Analysis outputs, and electronic files (Windows compatible) of all raw data obtained by the PDA and EDC equipment and the signal matching and wave equation analyses. • Furnish final written letters, signed and sealed, for production pile lengths and the driving criteria in accordance with CPAM. When applicable, include recommendations to determine "firm bearing material". • Inspect the conditions of the piles prior to installation, including any pile splices. • Observe and verify that concrete piles were properly supported during storage and handled with appropriate pick-up details per contract documents. • Inspect the pile driving installation. Complete the FDOT pile driving logs. Stage I, II or III B- 15 Version 113 Financial Project ID (s): 431759-1-4B/42/43/45-01 • Observe the performance of any static or dynamic load tests and review the details are implemented as planned. • Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible additional testing and withdrawing the Pile Installation Plan. 3) Spread Footings: • Observe construction of spread footing foundations and verify that they are founded at the required elevation and on the proper soil/rock material. • Verify the Construction Plan requirements and the applicable specifications are followed throughout the spread footing construction. • Evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems. 4) Auger Cast Piles for Sound Barrier Walls: • Process and review the Auger Cast Pile Installation Plan in accordance with CPAM. • Schedule a pre -pile installation meeting to go over the auger cast pile installation procedures. Make sure the Contractor's field superintendent, CEI's auger cast pile inspectors and the DGE are invited. Prepare and distribute minutes to the attendees. • Observe installation of demonstration pile and production piles. Submit the demonstration pile records to the DGE. Work with the DGE to ensure that the letter of acceptance or recommendations of the production pile installation is issued in accordance with CPAM. • Inspect and verify the requirements on the Construction Plans and applicable specifications are followed throughout the auger cast pile installation. • Cast cylinders for grout strength testing in accordance with the specifications • Complete the FDOT auger cast pile field installation logs and forward them to the DGE upon completion of the auger cast pile installation. • Verify the quality control processes of the Auger Cast Pile Installation Plan are followed during construction. • Examine the records and evaluate problems encountered during construction and coordinate with the DGE and the Contractor to resolve such problems, including possible withdrawing the Auger Cast Pile Installation Plan approval. 10.0 PERSONNEL: 10.1 General Requirements: Stage I, II or III Provide prequalified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Method of compensation for personnel assigned to this project shall be outlined in Exhibit "B — Lump Sum payment for CCEI Services" Lump Sum costs shall be based upon the assumption of a standard work week as follows: • 7 AM to 5PM Monday through Friday B- 16 Version 114 Financial Project ID (s): 431759-1-4B/42/43/45-01 • IRC & FDOT Holidays are to be observed. An hourly burdened rate schedule is to be provided for the purpose of billing the Contractor, at the discretion of the IRC Public Works Director or their designee, for work outside of normal work hours, failed tests, or failure to pursue work. 10.2 personnelOualifcationst Provide competent personnel qualified by experience and education. Submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from Indian River County. Staff that has been removed shall be replaced by the Consultant within one week of Indian River County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for fulfilling the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to Indian River County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications/certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to Indian River County's procedures, Specifications and Design Standards will be obtained. The District Construction Engineer or designee will have the final approval authority on such exceptions. Complex Category Two (CC2) Bridge Structures: Bridge structures that are complex and require advanced designs and construction engineering and inspection. The following structures are classified as CC2 bridge structures: • Concrete Post -Tensioned Segmental Box Girder (CPTS) • Concrete Post -Tensioned Continuous Beam (CPTCB) • Movable Bridges (MB) • Post -tensioned Substructures (PTS) CEI SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of Stage I, II or III B- 17 Version 115 Financial Project ID (s): 431759-1-4B/42/43/45-01 Stage I, II or III engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) - for Complex Bridge Projects with the exception of PTS projects which require two (2) years of major bridge construction], or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with Indian River County standards. Also must have the following: QUALIFICATIONS: Attend the CTQP Quality Control Manager course and pass the examination. CERTIFICATIONS: FDOT Advanced MOT OTHER: Complete the Critical Structures Construction Issues, Self -Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR/PROJECT ENGINEER - A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, a Civil Engineering degree and registered in the State of Florida as a professional engineer (or if registered in another state, have the ability to obtain registration in Florida within six (6) months) plus five (5) years general bridge construction experience, two (2) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope or for non- degreed and/or non -registered personnel eight (8) years of general bridge construction experience, (4) years of which must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of one (1) year of experience as the Project Administrator in primary control of the type of CC2 construction project for which CEI services are being provided by this scope. As an exception, only one (1) year of PTS bridge experience will be required for registered project administrators and two (2) years of PTS bridge experience for non -registered project administrators. Post -tensioning experience is not required for precast prestressed concrete flat slab superstructures but successful completion of an FDOT accredited grouting and post -tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Resident Compliance Specialist, and Secretary) and must have been directly responsible for all CEI services assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations and related B- 18 Version 116 Financial Project ID (s): 431759-1-4B/42/43/45-01 Stage I, II or III surveying; (2) segment erection and related surveying, post -tensioning (PT) of tendons and grouting of prestressing steel. CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: QUALIFICATIONS: CTQP Final Estimates Level II CERTIFICATIONS: FDOT Advanced MOT OTHER: Attend CTQP Quality Control Manager Course and pass the examination. Attend a FDOT accredited post -tensioning training course and pass the examination (for post -tensioned CC2 projects) Attend a FDOT accredited grouting training course and pass the examination (for post - tensioned CC2 projects) Complete the Critical Structures Construction Issues, Self -Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering Degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with Indian River County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Trimble Business Center - Heavy Construction Edition (HCE) or approved surface to surface comparison software and Engineering Menu. QUALIFICATIONS: CTQP Final Estimates Level II CEI ASSOCIATE CONTRACT SUPPORT SPECIALIST - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) B- 19 Version 1i07 Financial Project ID (s): 431759-1-4B/42/43/45-01 years experience in construction office management having performed project related duties (i.e., Materials Acceptance and Certification (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.). Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction Contract changes, etc.). Project specific work under the general supervision of the Senior Project Engineer and staff. QUALIFICATIONS: CTQP Final Estimates Level I CEI SENIOR INSPECTOR/SENIOR ENGINEERINTERN — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) For CC2 bridge structures, be a high school graduate or equivalent and have five (5) years of general bridge construction experience of which two (2) years must have been with the type of CC2 bridge construction project for which CEI services are being provided bythis scope. As an exception, only one (1) year of PTS bridge experience will be required. Additionally, a minimum of twelve (12) months of experience as the Senior Inspector in primary control of the type CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection inspection. In addition, two (2) years of geometry -control surveying experience is required for inspectors that perform or monitor geometry control surveying in a casting yard. CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CPTS or CPTCB bridges. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems for electrical inspectors. Must have the following as required by the scope of work for the project: QUALIFICATIONS: CTQP Concrete Field Technician Level I CTQP Concrete Field Inspector Level II (Bridges) CTQP Asphalt Roadway Level I CTQP Asphalt Roadway Level II Stage I, II or III B- 20 Version 118 Financial Project ID (s): 431759-1-4B/42/43/45-01 Stage I, II or III CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) CTQP Grouting Technician Level I CTQP Post -Tensioning Technician Level I IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I OTHER: Complete the Critical Structures Construction Issues, Self -Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, or an Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualifications and certifications within one year, plus demonstrated knowledge in the following: Must have the following as required by the scope of work of the project: QUALIFICATIONS: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) IMSA Traffic Signal Inspector Level I CTQP Final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level I Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors B- 21 Version 1109 Financial Project ID (s): 431759-1-4B/42/43/45-01 OTHER: Complete the Critical Structures Construction Issues, Self -Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. CEI INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical calculation and follow simple technical instructions. Duties are to assist higher-level inspectors. Must obtain FDOT Intermediate MOT within the first six months of the assignment. CEI SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced in field engineering and construction layout, making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. CEI INSTRUMENT PERSON - High school graduate plus three (3) years of experience in construction surveying one (1) year of which shall have been as instrument -man. Responsible for performing assignments in assisting Party Chief in the performance of their duties. Receives general supervision from Party Chief who reviews work while in progress. CEI ROD-PERSON/CHAIN PERSON - High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. CEI SECRETARY/CLERK TYPIST- High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision of the Senior Project Engineer and staff. CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) years' experience in the surveillance and inspection of hot mix asphalt plant operations or 80 hours working under an approved and qualified asphalt plant inspector at the asphalt plant and have the following: QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CEI GEOTECHNICAL ENGINEER for Category I Bridge Pile Foundations - Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with pile foundations. Experience performing. Analyzing and interpreting the results of: non-destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. Stage I, II or III B- 22 Version AO Financial Project ID (s): 431759-1-4B/42/43/45-01 CEI GEOTECHNICAL TECHNICIAN for Pile Foundations- Qualified CTQP Pile Driving Inspector, knowledgeable in pile installation in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects: for projects with Embedded Data Collectors (EDCs), certified EDC monitoring equipment operator. CEI GEOTECHNICAL TECHNICIAN for Drilled Shaft Foundations- Qualified CTQP Drilled Shaft Inspector, knowledgeable in drilled shaft installation with a minimum of three (3) years of experience on at least two (2) Indian River County bridge projects. CEI SENIOR LANDSCAPE INSPECTOR- High School Graduate or equivalent plus eight (8) years of roadway or commercial landscape construction experience, or a Bachelor degree in Horticulture, Urban Forestry, Landscape Architecture plus three (3) years of roadway or commercial landscape construction experience. The individual must be skilled at plant identification, classification, and grades and standards for nursery plants as established by the manual "Grades and Standards for Nursery Plants" by the Florida Department of Agriculture and Consumer Services. The individual must be knowledgeable of current Indian River County methods for landscape and irrigation installation. The individual must have the ability to read and interpret contract documents. For standalone landscape projects, required certification and training includes FDOT Intermediate MOT, FDEP Stormwater Erosion and Sedimentation Control Inspector, and Florida Licensed Landscape Architect or Florida Nursery Growers and Landscape Association (FNGLA) Certified Landscape Contractor. Desired certification and training includes, International Society of Arboriculture (ISA) Certified Arborist, University of Florida Landscape Palm Management Training, and International Society of Arboriculture Advanced Pruning. CEI UTILITY COORDINATOR- High School Graduate or equivalent and be knowledgeable of Indian River County's Standards, policies, procedures, and agreements and shall have a minimum of four (4) years of experience performing utility coordination in accordance with Indian River County's Standards, policies, procedures and agreements. 10.3 Staffing; Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until Indian River County has received a regular acceptance letter. Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. Stage I, II or III B- 23 Version 111 Financial Project ID (s): 431759-1-4B/42/43/45-01 11.0 OUALITY ASSURANCE (OA' PROGRAM: 11.1 Ouality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until Indian River County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Oualitv Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Oualitv Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Oualitv Assurance Certification; An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and Indian River County procedures. 11.2 Ouality Assurance Reviews; Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. Stage I, II or III B- 24 Version 112 Financial Project ID (s): 431759-1-4B/42/43/45-01 On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.3 Oualitv Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to Indian River County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES: 12.1 Final Estimate and As -Built Plans Submittal; Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and FDOT's Procedures as required by CPAM and as modified by IRC Procedures. Submit the Final Estimate(s) and one (1) set of final "as -built plans" documenting the Contractor's work in accordance with CPAM & IRC Procedures. Revisions to the Certified Final Estimate will be made at no additional cost to Indian River County. 12.2 Certification; Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Indian River County's procedures. 12.3 Offer of Final Payment: Prepare the Offer of Final Payment package as outlined in CPAM. The package shall accompany the Certified Final Estimates Package submitted to the Indian River County Public Works Department for review. The Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor. Stage I, II or III B- 25 Version 113 Financial Project ID (s): 431759-1-4B/42/43/45-01 13.0 AGREEMENT MANAGEMENT: 13.1 General: (1) With each monthly invoice submittal, the Consultant will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the Consultant funds expiration date per the Agreement schedule for the prime Consultant and for each subconsultant. The Consultant will provide a printout from the Equal Opportunity Reporting System showing the previous month's payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the Consultant identifies a condition that will require an amendment to the Agreement, the Consultant will communicate this need to the Construction Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the Construction Project Manager for approval and further processing. The AR is to be submitted at such time to allow Indian River County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by Indian River County. (3) The Consultant is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to Indian River County. 14.0 OTHER SERVICES: Upon written authorization by the Indian River County Public Works Director, or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Indian River County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. C. Provide inspection services in addition to those provided for in this Agreement. D. Provide services determined necessary for the successful completion and closure of the Construction Contract. 15.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplemental Amendment to this Agreement. Stage I, II or III B- 26 Version 1194 Financial Project ID (s): 431759-1-4B/42/43/45-01 16.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 17.0 THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 18.0 INDIAN RIVER COUNTY AUTHORITY Indian River County shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. Stage I, II or III B- 27 Version 115 iC CONSOR 1.0 ULM ISO tie 140 .131.1 011.1 1.59 a II IRA I LI 101 IN 166 la14 Office of Attorney's Matters 06/11/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: June 4, 2019 SUBJECT: Acquisition of Right -Of -Way for Phase III of 66th Avenue Improvements from Glen C. Besancon — 6725 66th Avenue Glen C. Besancon is the owner of a 3.36 acre parcel of property on the west side of 66th Avenue just south of 69th Street which is depicted on the aerial photo attached to this memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is improved with a three bedroom, two bath 2,000. square foot single family residence. Mr. Besancon has owned and resided on the Parcel since 1975. Construction plans for this section of 66th Avenue call for the County to acquire 0.87 acres of right-of-way from Mr. Besancon consisting of a 156 -foot wide strip along the length of the eastern border of the property. A sketch and legal description of the right- of-way is attached to this memo as Exhibit "B". The total property needed is ± 26% of the Parcel, leaving a remainder of 2.49 acres. A settlement conference was held on April 25, 2019, with Curt and Glen Besancon (sons of Mr. Besancon), their attorney Brent Simon, Rich Szpyrka, Monique Filipiak, and the Deputy County Attorney in attendance. At the conference, the Besancon sons explained that due to their father's age and health, they thought it would be best for their father to remain in his home and inquired about acquiring the County owned lot adjacent to the south of the Parcel. The sons plan on building an additional home utilizing the adjacent County owned lot so they can be in close proximity to their father. The adjacent property was obtained in 2006 from Wendy and Robert Gardiner for $250,000. The former Gardiner property was also improved with a small home that was demolished shortly after it was purchased by the County. The Gardiner property depicted on the aerial photo attached to this memorandum as Exhibit "C", is a 0.94 acre parcel that is 90 feet wide and 167 Besancon memo to BCC June 5, 2019 Page 12 approximately 454 feet long, after the right-of-way needed for 66th Avenue is deducted. The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $42,100 for the 0.87 acres of right-of-way property needed and $220,000 for the entire property. The appraiser retained by the Besancons valued the property at $473,973 for a partial take and $600,000 for the entire parcel. After further discussion, the parties reached an agreement where the County would convey the 0.97 acre Gardiner parcel to Mr. Besancon and the sum of $200,000 for the needed 0.87 acre right-of-way Parcel. The conditions of the sale are as follows: 1. The Besancons may create two equal size parcels of property by combining the remainder parcel and the Gardiner parcel. 2. Each parcel will have the existing impact fees credited to the land. 3. The north driveway will remain in place and the south driveway may be located as far south as permitted by County code, for a total of two driveways, one for each parcel. These conditions were approved by Community Development and Public Works. Due to the close proximity of the new right-of-way line to the front of the house, (less than 20 feet) most eminent domain appraisers would deem the house substantially damaged or a total loss. In arriving at the settlement amount, staff reasoned that its own appraiser deemed the value of the whole parcel to be $220,000 and that the resale value of the Gardiner property would be compromised by its narrowness, making it most valuable to adjacent property owners like the Besancons. The Besancons sought appraisal, engineering and land planning fees in the amount of $19,552.50 which was negotiated downward to $18,000 and attorney's fees pursuant to the eminent domain statute of 33% of the benefit gained for the client ($200,000 - 42,100 = $157,900 x 0.33 = $52,107), making the total cost to purchase $270,107. In the interest of settlement, Mr. Simon agreed to waive any right to attorney's fees associated with the non -monetary benefits obtained as a result of acquiring the Gardiner property and the conditions of the sale listed above. By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to state statutes, the County is responsible for paying reasonable expert witness fees incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and compromises on attorney's fees and expert costs. 168 Besancon memo to BCC June 5, 2019 Page 13 At the conclusion of the settlement conference, the parties entered into a hand written agreement which will be used as the basis for a more formal agreement setting forth the closing date and time. FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave -65th Street -85th Street- Acct#10215141-066120-16009. STAFF RECOMMENDATION: Staff recommends the Board approve conveying the Gardiner property to the Besancons, approve the agreement to purchase the 0.87 acre Besancon property for $200,000 with the stated conditions, approve costs incurred by the Besancons of $18,000 and approve the settlement of attorney's fees of $52,107 and authorize the Chairman to execute a more formal purchase and sale agreement when drafted and approved by the parties on behalf of the Board. Attachments: Exhibit "A" Aerial Photo Exhibit "B" sketch and legal description of the right-of-way Exhibit "C" Aerial photo of the Gardiner property Copies to: Brent Simon, Esq. 169 Indian River County, FloridaAppraiser - Printer Friendly Map Print 1 Back Indian River County, Florida Property Appraiser Page 1 of 1 ParcelID OwnerName PropertyAddress 32390700001001000006.0 BESANCON GLEN C 6725 66TH AV VERO BEACH, FL 32967 Notes http://www.ircpa.org/PrintMap.aspx 170 6/3/2019 6677-f AVENUE PARCEL 107 0 S E 100 GRAPHIC SCALE 156.00' EAST LINE TRACT 1 50' W W INDIAN RIVER FARMS CO. PLAT COOK ST,L2,CIEA PGE 25 32390700001001000006,0 ORB 1200. PG 2360 -4 SOUTH LINE TRACT 1 RIGHT OF WAY PARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1200. PAGE 2360, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: THE SOUTH 5 ACRES OF THE EAST 20 ACRES OF SAID TRACT 1, LESS THE SOUTH 90 FEET THEREOF, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST. AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA. IN PLAT BOOK 2, PAGE 25, NOW PART OF THE PUBLIC RECORDS ©DIARTOUFLORIDA.SNEXCEPT EXISTING RIGHTS OFOR PUBLIC DSCALSNDDICHES.SD LNYINGANDBENG N INDIAN RIVER FLORIDA. CONTAINING 37,808 SQUARE FEET OR 0.87 ACRES. MORE OR LESS. PROPOSED ACQUISITION PARCEL ACREAGE = 0.57 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT = 0.17 ACRES RIGHT—OF—WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, 15 THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND SECTION LINE P. O. C. P. 0.B. R/W ORB PG FDOT SECT. EASEMENT UNE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY UNE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE FLORIDA DEPARTMENT OF TRANSPORTATION SECTION This certifies- that a" -legal emcr/OttQ'ifa hereon was'made •i1ndOY,.rny superjslon s ,t� and sketch meets, &tan¢avd1 Board of Profosefona7 SurJoyors Administrative Cacte,.;Purbuant -to .SeuHc that this drawing—leo ,#u 'Omit-efcufaT best of my knaMe#tgu intinpeia4 %S1ib�6ct hereon. or the property shown t this legal description -forth by the Florida Chapter 5J—t7, Florida 4Z2;0427,. Florida Statutes, and repretteentot/on thereof to the to nofAts-'tind notations shown E.C, OEME1Ei?, P.SM. N,O. DATE: JUL.:z Not valid without the sign otitre=viol• the orfgtnaF'roFsad seal of o f7orfdo Licensed Surveyor end Mapper. .,. DEscace er DFD DRAWN 6Y - Dirk CH£p$D HY LCD DATE 7/10/17 PROJECT NO. 047035041 LEGAL DESCRIPTION ANOSKETCH OF PARCEL 107 INDIAN RIVER COUNTY, FLORIDA -SHEET NUMBL2 1 OF 1 171 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Back :EX.HIBIT Indian River County, Florida Property Appraiser ParcelID OwnerName 32390700001001000007.0 INDIAN RIVER COUNTY Notes PropertyAddress 6705 66TH AV VERO BEACH, FL 32967 http://www.ircpa.org/PrintMap.aspx 172 6/3/2019 BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 173 6/11/2019 Item 14 McCarty Ranch Water Quality Project City of Port St. Lucie 1,871 acres of fallow citrus grove 7 reservoirs receiving water diverted from C-23 Canal (6.33 billion gallons) along with capturing 53 inches of annual rainfall (2.554 billion gallons) Reservoirs will serve as a water quality and future surface water supply project 113. 1 6/11/2019 Item 14 Project will remove 89,721 lbs. of Nitrogen and 18,471 lbs. of Phosphorus From water entering the North Fork of the St. Lucie River annually 6/11/2019 Item 14 CH EN010 N5:1, ?.PROPOSEO`WATERrQUAI TY:RES;fORATION 6/11/2019 Item 14 6/11/2019 Item 14 6/1112019' Item 14 171 l5,/ DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: FROM: DATE: Tad Stone, Director Department of Emergency Services Erin Baskins, Staff Assistant IV Department of Emergency Services May 21, 2019 SUBJECT: Approval of Property Lease Extension for Temporary Location of Fire Rescue Station #7 (1893 90th Avenue) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On June 23, 2015, Joseph G. Miller and Indian River County entered into a lease agreement for the use of the property located at 1893 90th Avenue, Vero Beach, Florida to serve as a short-term location for a modular Fire Station No. 7. On May 2, 2017, Lessor and Lessee entered into an Amendment to Lease Agreement, reflecting St. Lucie Battery and Tire Company as the Lessor on the Lease Agreement; and the Lease Agreement allows the Lessee to renew the Lease Agreement, at its sole discretion, for three (3) additional one (1) year terms. The Board approved the second year extension on June 19, 2018. Staff is requesting to renew the Lease Agreement for the third one (1) year term, and shall expire on June 23, 2020. FUNDING: Funding for the property lease for Fire Rescue Station #7 are available and budgeted in the Emergency Services District's Rent -Land account. The total cost of the property lease has increased 3%, for the first time since entering into the lease agreement in 2015, and will now be $12,360.00 a year ($1,030.00 a month). ITEM Amount Account Number Fire Rescue Station #7 Property Lease $12,360.00 11412022-034410 RECOMMENDATION: Staff recommends approval of the third one (1) year lease extension. ATTACHMENTS: Two Original Copies of the Lease Extension Agreement 174 RENEWAL OF LEASE AGREEMENT THIS RENEWAL OF LEASE AGREEMENT ("Renewal") is entered into as of the 1 day of June, 2019 by and between St. Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a political subdivision of the State of Florida (the "Lessee"): RECITALS WHEREAS, on June 23, 2015, Joseph G. Miller and Lessee entered into a lease agreement (the "Lease Agreement") for the use of the property located at 1893 90th Avenue, Vero Beach, Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station #7; and WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to Lessor; and WHEREAS, on May 2, 2017, Lessor and Lessee entered into an Amendment to Lease Agreement, reflecting St. Lucie Battery and Tire Company as the Lessor on the Lease Agreement; and WHEREAS, the Lease Agreement allows the Lessee to renew the Lease Agreement, at its sole discretion, for 3 additional one (1) year terms; and WHEREAS, on June 19, 2018, the Lessor and Lessee renewed the Lease Agreement for the second one (1) year term; and WHEREAS, it is the intent of the Lessor and the Lessee that the Lease Agreement be renewed for the third one (1) year term; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Renewal. The Lease Agreement, as amended by the Amendment to Lease Agreement shall be renewed for the third one (1) year term, and shall expire on June 23, 2020. 3. All provisions of the Lease Agreement, as amended by the Amendment to Lease Agreement, shall remain in full force and effect. Page 1 of 2 175 IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument on the dates as shown. Witnessed by: Signature: Printed name: Signature: Printed name: INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk St. Lucie Battery and Tire Company By: G. Douglas Miller Title: President APPROVED AS TO FORM: APPROVED Dylan Reingold, Esq. County Administrator County Attorney Page 2 of 2 176