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Home My WebLink About11/08/2022q��vER Z �G� �LORiO j COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Joseph H. Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 8, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Sheriff Eric Flowers, IRC Sheriffs Office 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing November 11th, 2022, as Veterans Day Attachments: Proclamation 5.13. Presentation of the Peter D. O'Bryan ABOVE & BEYOND Awards 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 8, 2022 Page 1 of 6 7.A. Planning and Zoning Commission Meetings Will Start at 6:00 PM Effective December 8, 2022 Attachments: Staff Report 7.B. 4th Quarter FY 2021/2022 Budget Report Attachments: Staff Report 4th Quarter Budget Report 7.C. Landfill Closure and Collection Service Changes for the Thanksgiving Holiday Attachments: Staff Report 7.D. Residential Paper Shredding Event on November 19, 2022 Attachments: Staff Report Contract MOU with Waste Management 7.E. 2022 - Fall and Winter Holiday Schedules for the Indian River County Library System, Aquatic Centers, Sandridge, Golf Course, Indian River County Public Shooting Range, Recreation Aquatic Centers, iG Recreation Center and County Parks Attachments: Staff Report 8. CONSENT AGENDA 8.A. Request for Release of an Easement Located at 4250 79th Street Attachments: Staff Report Map(s) depicting easement proposed for release Proposed County Resolution releasing easement 8.B. GRBK GHO Lucaya Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as Lucaya Pointe Phase 2 [SD -19-05-03 / 2005120072-91468] Attachments: Staff Report Location Map Final Plat Layout 8.C. Final Ranking of Firms and Authorization to Negotiate for RFQ 2022072 for CEI Services for 66th Avenue (69th Street to CR -510), IRC -1505B Attachments: Staff Report 8.D. Release of Lien and Certificate of Building Official on Lot 3, Block 5 Spruce Park Subdivision Attachments: Staff Report Release of Lien and Certificate of Building Official November 8, 2022 Page 2 of 6 8.E. Amendment No. Ito RFQ No. 2019040 (IRC -0853), Consor Engineers, LLC, CEI Services for 43rd Avenue from 18th Street to 26th Street, FDOT FM No. 431759-2-54 Attachments: Staff Report Amendment No. 1 with Consor Engineers, LLC 8.F. Final Pay to TLC Diversified, Inc for Bid #2019068, Roseland Elevated Storage Tank and Pump Station Attachments: Staff Report Final Pay Application #15F 8.G. Central Regional Wastewater Treatment Facility Roof Replacement Bid #2022041 Attachments: Staff Report Sample Agreement S.H. Central Wastewater Treatment Facility Generator Replacement Engineering Attachments: Staff Report KHA Scope - Gifford Generator 8.I. Resolution Cancelling Taxes on Property Purchased by the City of Fellsmere for Public Purpose Attachments: Staff Report Resolution Cancelling Taxes Fellsmere 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Bill Rigby re: Community Development Districts Attachments: Public Discussion Request B. Rigby C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for November 15, 2022 Board Meeting Attachments: Staff Report 10.C.2. Notice of Public Hearing Scheduled for November 15, 2022 Board Meeting for Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and Preliminary PD Plan Approval for a Single -Family Residential Development Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS November 8, 2022 Page 3 of 6 11.A. Local Technology Planning Team Recommendation Attachments: Staff Report Broadband planning toolkit 11.B. Interim County Administrator Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Archie Smith Fish House Pavilion Construction & Demolition of the Archie Smith House - Consideration of Proposal Provided by Gordian Work Order 108272.00; EZIQCF Contract No.: FL-RIO-GCI1-111821-JLC Attachments: Staff Report Gordian Work Order 12.C.2. Jones Pier Conservation Area Public Use Improvements - Proposal for the Elevation and Stabilization of the Jones Pier Bungalow/Historic House Attachments: Staff Report Gordian Work Order D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Summer Camp 2022 Recap Attachments: Staff Report 12.G.2. 41st Street Left Turn Lane (EB) at USI, Property Address: 408601d Dixie Highway & 218541st Street, Vero Beach, FL 32960, Owner: Old Dixie 4086 LLC Attachments: Staff Report Conner Purchase Agreement H. Utilities Services 13. COUNTY ATTORNEY MATTERS November 8, 2022 Page 4 of 6 13.A. Authorization to proceed with foreclosure on Code enforcement cases: 2019110025 and 2020050067 (560 Stoney Brook Farm Ct.) (Suncor Ft. Pierce, LLC) Attachments: Staff Report Order Imposing Fine Order Imposing Fine (1) Deed 13.B. Fifth Addendum to Agreement between Indian River County and REDEVGROUP, Inc. for Lot 5, Plat of Indian River Mall Attachments: Staff Report Fifth Addendum to Agreement Fourth Amendment and Restatement 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Discussion on Water Farming in a Proposed 260 -acre Reservoir Directly South of the West Regional Waste Water Treatment Plant (WWTP) Attachments: Commissioner's Memorandum I RC Water Overview 1 1 RC Water Overview 2 W Region WWTF Proposed Reservoir C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of ESD Meeting Minutes of August 16, 2022 15.A.2. Approval of Advance Purchase for Fire Rescue Apparatuses Attachments: Staff Report Proposal from Sutphen Corporation B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT November 8, 2022 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. November 8, 2022 Page 6 of 6 ProcCanwtion RECOGNIZING NOVEMBER 11th, 2022, AS VETERANS DAY -Whereas, on May 13th, 1938, Congress approved an Act establishing November 11th as Armistice Day, commemorating the end of World War I and paying tribute its heroes; and -Whereas, on June 1 st, 1954, Congress changed the name of Armistice Day to Veterans Day in order to honor all of America's war veterans, who have contributed so much to the preservation of our Nation; and -Whereas, over 15,000 veterans of all wars presently reside in Indian River County; and -Whereas, individually and collectively, the veterans of Indian River County directly contribute to the betterment of the social, cultural, and economic lives of our residents; and -Whereas, the Indian River County Veterans Council, consisting of representatives from 25 city and county veterans organizations, annually observe Veterans Day by holding ceremonies throughout the county; and -Whereas, Indian River County and its citizens have established Veterans Memorial Island Sanctuary as a place to commemorate veterans of all wars. Naw, therefore, be it procfaimed dy the Board of County Commissioners of Indian River County, F&rida, that November 11th, 2022, is recognized as Veterans Day, and the Board encourages all citizens to honor our veterans -- living and deceased -- by attending one of the Veterans Day services offered at Veterans Memorial Island Sanctuary or elsewhere within the county. Adopted this 8th day of November, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 1 7A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: October 27, 2022 SUBJECT: Planning and Zoning Commission Meetings Will Start at 6:00 PM Effective December 8, 2022 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 8, 2022. DESCRIPTION AND CONDITIONS: At its meeting of September 22, 2022, the Planning and Zoning Commission voted unanimously (5-0) to move the start time for Planning and Zoning Commission meetings from 7:00 PM to 6:00 PM with an effective date of December 8, 2022. Therefore, all future Planning and Zoning Commission meetings held on or after December 8, 2022 will now start at 6:00 PM. RECOMMENDATION: The referenced item is provided for the Board's information. No action is needed at this time. 2 76 INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 27, 2022 SUBJECT: 4th Quarter FY 2021/2022 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the fourth quarter of fiscal year 2021/2022. 3 CN Cq 0 0 Cq rL Cq•— N O -4 loq-qq .g9bb ai N N O N a N m' N O � a N Q' Q Q D U C N N 0 D u 0 c •� d D C Q m 0 CL E O U V N N A 9 ch 4 LO m 3 6 a°o P c°i ch N ccoo ^ c E -p c ° p p p) 3 O' ° N coo P o O r57 .fr c; s4 = s4 s. p, 0 o O p a u m v m, c0 p O r O O c m o m m > O a N m m m ri ° p ° L 3 0 a O N a a M .�+ w a a o -° p d u c c c r> N m O Cl° �n 0 `p - $ c 3 t a -° c N m O a Cl Q r P $ -p -p �• L N cV Ov N N E E u' 9 v Q a ° .� a) c ° co o o c O^ a ° rn ae rn o c° �' p E O D D E 0 0 �O O P E c Q Q 0) Q p m p m oa u -p B ^ 0 $ 0 ° 77 'O > O O U c N ? d t L L L m m m m N O $ p 'p _p cq $ C Z a p O O O m m Ny$ E om v i > CD > m 'p r co a E O E O O o O a° E h N ' 0 0 0 0 0 '0 m ri yq a E a u c u a E v a c m a m ? tp N N mi=L m L m e U> L C m O N L O c y u> 'A O E a O 'c m •2 t `c C p p p cel ° O p 0 ° �.�j L O m 00 m a E °. 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Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Thanksgiving Holiday In observance of the Thanksgiving Holiday, the Main County Landfill and the five Customer Convenience Centers will be closed on Thursday, November 24, 2022. In addition, there will be no residential curbside services for recycling, garbage, or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at i rcgov.com for more information. Thanksgiving � Me 1=1 Im Unincorporated IRC SWDD Agenda - Page f Fri ay; ov. e City of Fellsmere serviced on Saturday, Nov. 261". if you have questions regarding your service schedule,» please call Waste Management at 569 -1776 - City of Sebastian If you are a Thursday customer, your garbage will be serviced on Wednesday, November 23tt', and your yard waste will be serviced the following Thursday, (Dec. 1st) - if you have questions regarding your service schedule, please toll Waste Management at 569-1776. City of Vero Beach If you are a Thursday or Friday customer, your garbage will be serviced on your next scheduled service day. If you hove questions regarding your service schedule, please call the City of V3 Solid Waste Division at 978-5300. Town of Orchid Regular Thursday Nov. 24th service will be skipped and resume on the next service day. If you have any questions regarding your service schedule, please call the Waste Pro at 595-9390. Indian River Shores If you are a Thursday customer, your garbage will be serviced on Monday Nov. 28th. if you have questions regarding your service schedule, please call Republic Services at 562-6620. SWDD Agenda - Page f SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 17, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Residential Paper Shredding Event on November 19, 2022 Description: The Solid Waste Disposal District (SWDD) and Waste Management, Inc., of Florida (WM) will be partnering with Southeast Secure Shredding (SSS) to host the Fall Residential Paper Shredding Event on Saturday, November 19, 2022. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public, but participation is limited to one drop-off per vehicle per household. The event will be held from 8 am to 12 pm at SSS located at 3910 US Highway 1 in Vero Beach. Analysis: SSS is charging $7 per vehicle. However, there is no anticipated event cost to SWDD, as WM will be covering the cost per the attached Contract Memorandum of Understanding (MOU) signed by the County Administrator and Kasey C. Godwin, District Manager for WM. SWDD is responsible for the advertising for these types of events and, per the MOU, is responsible for any additional costs over the annual $16,000 allocation by Waste Management. Our first event this year on April 9, 2022, resulted in 553 cars and a diversion of 6.5 tons of paper. Funding: The funding for the Fall Residential Paper Shredding Event is available in the SWDD/CC & Recyc/ Advertising/Except Legal account, number 41125534-034810. This account is funded through user assessment fees; the anticipated cost for advertising this event is $7,000. Description Account Number Amount SWDD/CC & Recyc/Advertising/Except Legal 41125534-034810 $7,000 SWDD Agenda Fall Paper Shredding - Page SWDD Agenda Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Fall Residential Paper Shredding Event to be held on November 19, 2022. Attachment: 1. Contract Memorandum of Understanding with Waste Management -"' Brought to you by IRC Solid Waste Disposal District FREEResidential Paper Shredding Event Shredded paper cannot be recycled curbside and should never be placed in your blue recycling cart. Bring up to 3 boxesrbags of paper %per vehicle, onetime through) to be shredded & recycled free of charget Saturday, November 19, 2022 From This: Sam to 12 Noon Southeast Secure Shredding 3910 US 1 a Vero Beach Your documents will be securely shredded by certified professionals at No Charge! • Maximum 3 boxes/bags per vehicle, one time through only To This: (weighing up to 35 lbs each). That's a $40 value! • 5taples and paperclips are acceptable, M but please remove all binders and hanging folders Pre -shredded paper is acceptable (up to 3 bags). IRC RESIDENTS ONLY. No businesses please. Recycled into This! Al i For more Information about recycling SWDD Agenda Fall Paper Shredding - Pag?? BOARD OF COUNTY COMMISSIONERS March 1, 2022 Kasey Godwin, District Manager Waste Management of Florida 431077 1h Street Vero Beach, Florida, 32966 Re: Contract Memorandum of Understanding Supplemental to Franchise Agreement for Public Events Dear Mr. Godwin: For 2022, the parties to the Franchise Agreement will allow for the following in lieu of the requirements set forth in the second paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWOD with multiple Paper Shredding Events within the Franchise Area. a) The Paper Shredding event(s) shall be held at a location to be determined from 8:00 a.m. to 1:00 p.m. at dates to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $16,000 per year for this effort. SWDD shall handle the advertising for the events and shall pay any additional cost beyond this allocation. Indian River County's in -field point of contact for this project is Ms. Sue Flak. Ms. Flak can be contacted at (772) 226-3206 and soak@ircaov.com. Sint ely, t Jason E. Oown CounfyAdministrator Waste Management, Inc. of Florida Agreed by /.X— Date�� Z Z Z Kasey C. Godwin, District Manager EiY 23 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: November 1, 2022 �L INFORMATIONAL To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: 2022 - Fall and Winter Holiday Schedules for the Indian River County Library System, Aquatic Centers, Sandridge Golf Course, Indian River County Public Shooting Range, Recreation Aquatic Centers, iG Recreation Center and County Parks In observance of the upcoming holidays, the County has the following official holiday closures scheduled for the majority of county departments Veteran's Day: Friday, November 11, 2022 Thanksgiving: Thursday & Friday, November 24 and 25, 2022 Christmas Eve & Day: Friday, December 23, 2022 and Monday, December 26, 2022 New Year's Day Monday, January 2, 2023 It is being recommended the following hours be observed, for these specific operations: INDIAN RIVER COUNTY LIBRARIES: The Main Library is normally open seven days a week and the North County Library is open every day except Sunday. The Brackett and Gifford Libraries are not open on the weekends. During the holidays, the Library System will close on the following dates: Veteran's Day: Friday, November 11, 2022 Thanksgiving: Thursday & Friday, November 24 and 25, 2022 Christmas: Friday, December 23, 2022 through Monday, December 26, 2022 New Year's Day: Closed Sunday, January 1 and Monday, January 2, 2023 Note: All library on-line information services are available 24/7/365 at www.irelibrary.org_ SANDRIDGE GOLF COURSE: Regular hours of operations for the Golf Course Pro Shop are from 6:45 am to 5:30 pm daily. The hours during holiday are as follows: Thanksgiving: Thursday, November 24, 2022, the last 18 -hole tee time is 10:44am, and the pro shop closes at 2:00pm. Friday, November 25, 2022, open regular hours FAAssistant County Administrator\AGENDA 1TEMS\BCC_2022\BCC_l l_N0V2022\Holiday_Schedule\Staff Report - 2022 Fall and Winter nA Holiday-Appd.doc 24 SANDRIDGE GOLF COURSE: (continued) Christmas Eve: Saturday, December 24, the last 18 -hole tee time will be 10:44 am. Pro Shop will close at 2:00 pm Christmas Day: Sunday, December 25, the Golf Courses will be closed New Year's: Open normal hours of operation on New Year's Eve and Day www.golfsandrid eg com INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE: The Regular hours of operation for the Shooting Range are 9:00 am - 5:00 pm, Thursday through Monday, weather permitting. The Shooting Range is closed on Tuesday and Wednesday. In observance of the holidays, the Shooting Range will be closed on the following dates: Veteran's Day: Friday, November 11, 2022 Thanksgiving: Thursday & Friday, November 24 and 25, 2022 Christmas: Saturday & Sunday, December 24 and 25, 2022 New Year's: Sunday, January 1, 2023 www.GoShootingIRC.com PARKS: All County Parks will be open throughout the holidays during their normal hours. RECREATION: Indian River County Guarded Beaches - Open: 7 Days a Week / 365 a year 8:50am — 4:50pm North County Aquatic Center / Gifford Aquatic Center / Intergenerational Recreation Center - "iG" Center Veterans Day November 11, 2022 10:00a — 3:00p Thanksgiving November 24, 2022 Closed Thanksgiving November 25, 2022 Closed Christmas December 23, 2022 10:00a — 3:00p Christmas Eve December 24, 2022 Closed Christmas Day December 25, 2022 Closed Christmas December 26, 2022 10:00a — 3:00p New Year's January 01, 2023 12:00n — 5:00p (IG Closed) New Year's January 02, 2023 Regular www.ircrec.com RECOMMENDATION: Staff recommends observance of the Veteran's Day, Thanksgiving, Christmas and New Year's holidays by the Library System, Sandridge Golf Clubhouse, Shooting Range, the Aquatic Centers, and iG Recreation Center's operations, as stated above. With the Boards acceptance and approval, these holiday hours will be observed and posted at their respective county facilities sites, as well as the Indian River County's web site. www.ircgov.com - Leisure FAAssistant County Administrator\AGENDA ITEMS\BCC_2022\BCC_1 1_N0V2022\Holiday_Schedule\StaffReport - 2022 Fall and Winter rfC Holiday -Appd.doc LJ INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director THROUGH: Rebeca A. Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 10/12/2022 RE: Request for Release of an Easement Located at 4250 79th Street It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of November 8, 2022. DESCRIPTION AND CONDITIONS The County has been petitioned by Brian & Dayle Lieberman, owners of a lot at 4250 79'b Street, for release of a drainage and utility easement. The purpose of the easement release request is for the expansion of an existing building (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed Resolution, approve release of the drainage and utility easement described in the proposed Resolution. 26 BRIAN & DAYLE LIEBERMAN Release of Easement Page 2 Attachments: 1. Map(s) depicting easement proposed for release 2. Proposed County Resolution releasing easement ease.bccmemo proj./appl. no. 98060023/92897 27 n n n SKETCH & DESCRIPTION SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST PARCEL ID: 31393400006000000004.0 PARCEL /D X.19J4000000=00002. f NOT PIA RED N8922'J8 E 84.00' (BASS OF BEARINGS) 3 k IO' DRAMGE EASEMENT roR>N oCZ,x N8977 J6 E n . ss o' Z .70.00' o a .zoo' slim, to w 17.0' S8927'38'W Jao 3Lt0 LOT 4 10' UBUTY EASdUENT SM'17'J4'W 84.00' Jo.o` 79TH STREET MVMRURE 60' MGHr OF WAY DRAWING NO.: 22-303 PREPARED FOR: BRIAN & DAYLE LIEBERMAN PREPARED BY.- INDIAN Y:INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 THIS IS NOT A SURVEY GRAPHIC SCALE 0' 15' 30' 10 = 30' 9.1 4 SKETCH & DESCRIPTION SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST PARCEL 10: 31393400006000000004.0 LEGAL DESCRIPTION: SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 THE WEST 30.00 FEET OF THE SOUTH 17.00 FEET OF THE NORTH 45.00 FEET OF LOT 4 OF HERITAGE TRACE AT HOBART, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1S, PAGE 37 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE NORTH LINE OF LOT 4 BEARS N89'27.38"E PER PLAT OF HERITAGE TRACE AT HOBART. CART;, { r i - 4 °IV DATE: 06/15/2022 DRAWING NO.: 22-303 PR ESSI "SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PREPARED FOR: BRIAN & QAYLE LIEBERMAN STEVE CARTECHINE FLORIDA CERTIFICATE NO. 4895 CERTIFICATE Of AUTHORIZATION #LB 7545 PREPARED BY: INDIAN RIVER SURVEY, INC PROFESSIONAL SURVEYING AND MAPPING NOT VALID UNLESS SIGNED AND SEALED 29 Combined Current Drainage Easements Total Area 3,780 sq. ft. —. xiSting Drainage Ditch within 1 O' Drainage Ea Semen Top of Bank * 1 O.O' msl N Proposed 6'x 12' Porch REQUE5TEDRECEA5E AREA 7 Tx 30'= 510 sq. ft. 0 r Proposed 1 O' x 12' Expansion Existing Building 12' x 20' 0 0 0 0 r ,3eptic Tank - Drain Field N (1) Scale V= = 20' Site Plan Proposed Partial Kelea5e ..ieberman Residence 4250 79th Street Vero Beach, Florida 32967 Toni Robinson Nature Preserve 84.00' A —" 1 O' Drainage . Easement 30.0' - - - - - - - - - -t- 12.0' 62.0' I bS Cj 35' DrainageEasement — — — T 1-0 - Utility Easement A --� FFE 11.22' 5ement 79 th Street A. Macbart96cMYahoo.com 772-529-0899 Jun'A1.2022 RESOLUTION NO. 2022 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT (OR PORTION THEREOF) ON LOT 4, HERITAGE TRACE AT HOBART SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 4 of Heritage Trace at Hobart Subdivision; and WHEREAS, Brian and Dayle Lieberman, the owners of the property, have made an application to Indian River County requesting that the County release the easement, or portion thereof, and WHEREAS, the retention of the easement, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement(s): the west thirty (3 0) feet of the south seventeen (17) feet of the north forty-five (4 5) feet of Lot 4 of Heritage Trace at Hobart, according to the plat thereof, as recorded in Plat Book 15, Page 37 of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the 8'day of November, 2022, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher The Chairman declared the resolution duly passed and adopted this 8`h day of November, 2022 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 31 RESOLUTION NO. 2022 - APPROVED AS TO LEGAL FORM: County Attorney Cc: Applicants: BRIAN AND DAYLE LIEBERMAN, 4250 79TH ST VERO BEACH, FL 32967 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Mary Jane Vreeland; Planner, Current Development DATE: October 27, 2022 SUBJECT: GRBK GHO Lucaya Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as Lucaya Pointe Phase 2 [SD -19-05-03 / 2005120072- 91468] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 8, 2022. DESCRIPTION & CONDITIONS: The overall Lucaya Pointe project is a 108 -unit residential "plat -over" site plan project, whereby an individual lot is established over each residential unit. Thus, each unit is conveyed to a future owner on a fee -simple lot. Phase 2 includes a total of 16 single-family units and 8 duplexes (16 units) with a density of 3.93 units/acre. The site is located on the north side of 41St Street, approximately 300 feet east of U.S. Highway 1. The subject property is zoned RM -6, Residential Multiple -Family (up to 6 units/acre), and has an M-1, Medium -Density Residential -1 (up to 8 units/acre) future land use designation (see Attachment 1). On February 13, 2020, the Planning and Zoning Commission granted major site plan and preliminary plat approval for Lucaya Pointe. After preliminary plat approval, the developer obtained a land development permit, completed the required subdivision improvements, and obtained a Certificate of Completion from Public Works on June 15, 2022. The applicant has submitted a final plat for the second and last phase of the project which is in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Lucaya Pointe Phase 2. ANALYSIS: All of the required improvements for Lucaya Pointe have been completed and inspected, and a Certificate of Completion was issued on June 15, 2022. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which 33 will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Lucaya Pointe Phase 2. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 2 34 E 16TH SO AV!ily, O tC N U 5 �IGON 1 o y pl0 pIX1E N`� f° � U) 9 F9 a5F adz -J!a a�n Z"z �frE 19 T3Rp G c 2 T in M z z y < _ m H19L 1O s Oa 9 LZv � Z L�L r n5 UJ OS H194 M z DLL O� 04 (1 AV n )V1NOW Q. C� G O 0 80 31NIOd m VA om 0 O J OAVM31NiOd Om < Y v L O C � �i Q t' O CL o O a` 0 1O yK H16L � N O tl LL O C7 N in F F Q AV!ily, O tC N U 5 �IGON 1 o y pl0 pIX1E N`� f° � U) 9 F9 a5F adz -J!a a�n Z"z �frE 19 T3Rp G c 2 T / |�§\f |�.a& v U!V , r � ��m � d Him �� §.� \� \ §� ......... \ � } m CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 1, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Firms and Authorization to Negotiate for RFQ 2022072 for CEI Services for 66th Avenue (69th Street to CR -510), IRC -15058 BACKGROUND: In accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for Construction Engineering and Inspection (CEI) Services for IRC -1505B — 66th AVE From 69th St to CR-510/85th St. RFQ RESULTS: Advertising Date: July 29, 2022 RFQ Opening Date: August 31, 2022 DemandStar Broadcast to: 691 Subscribers RFQ Documents Requested by: 17 Firms Replies: 2 Firms ANALYSIS: Section 287.055(4)(a), Florida Statutes states requires the county to "conduct discussions with, and may require public presentations by, no fewer than three firms." in an effort to comply with this requirement, the committee was provided statements of qualifications (SOQs) from two firms, submitted two years ago for the widening of 66th Avenue from 49th Street to 69' Street for consideration, as well. Both firms were sent notice that their SOQs were being reviewed, and asked to reach out to Purchasing if they had any questions. Neither firm responded or commented. A selection committee comprised of ChloAnn Lawrence, FDOT Treasure Coast Operations Construction Manager, David Schryver, PSM, County Surveyor, James Ennis, PE, PMP, Assistant Public Works Director, Sean Lieske, Utilities Director, and Rich Szpyrka, PE, Public Works Director, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ, and the Purchasing Manual. The committee then met and developed an initial ranking of firms, based on the individual rankings. M. CONSENT The committee determined discussions with the two directly submitting firms, plus the higher ranked non -submitting firm were appropriate. Invitations were sent on October 7, 2022. On October 19, 2022, K -Factor sent notice that it would not participate in the October 26' interviews, but that they would participate, if the interview was moved to November 16, 2022, to allow time to prepare. The two responding firms were interviewed on October 26, 2022. Both firms were noted to be highly qualified, and nearly equitably suited to perform the work. The committee discussed the value of having the continuity between the two phases of the 66th Avenue widening project, which will be in progress concurrently. It was also noted Consor had thoroughly reviewed the draft construction plans and drawings, and identified in their presentation several items in need of correction or additional review, in order for the project to progress expeditiously and without unwarranted costs. Staff proposes that the County has made its best effort to comply with the 287.055 F.S. requirement to hold discussions with three firms, and waiting to interview a third would delay the project, and, therefore, be contrary to the public's best interest. The final ranking established by the committee is: Responding Firm Location 1. CONSOR Engineers, LLC Vero Beach 2. Carnahan, Proctor & Cross, Inc. Vero Beach 3. K -Factor, Inc. Delray Beach 4. Johnson, Mirmiran &Thompson Fort Pierce Staff is prepared to begin negotiations with the top ranked firm, and subsequently ranked firms, if negotiations with the top ranked firm should fail, and bring the final agreement to the Board at the next available meeting. FUNDING: Funding for the CEI Services is available from Traffic Impact Fees — District 1 Roads— Construction in Progress — 66th Avenue/691h Street to 85th Street. Description Account Number Available Traffic Impact Fees/District 1 Roads/ Construction in Progress/66th Ave — 69th 10215141-066510-16009 $3,034,352.00 Street to 85th Street RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm, and subsequently ranked firms, if necessary, in accordance with FS 287.055. W M Office Of Consent Agenda 11/08/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Scott Mc Adam, Building Official FROM: William K. DeBraal, Deputy County Attorney DATE: October 31, 2022 SUBJECT: Release of Lien and Certificate of Building Official on Lot 3, Block 5 Spruce Park Subdivision Viola Haynes Sloane owned Lot 3 Block 5 of the Spruce Park Subdivision. In 1985, she sold the north 12 feet of Lot 3 to Elijah Griff aka Elijah McGriff, the owner of Lot 2, Block 5, Spruce Park Subdivision. Mr. McGriff failed to pay the taxes on Lot 2 and the 12' slice of Lot 3, so a Tax Certificate was issued for the property in 1995. The property went on the List of Lands available for back taxes in 1998. After spending seven years on the List of Lands Available, the property escheated to the County in 2005. In 1997 a Certificate of Building Official was recorded against Lot 3, Block 5 of the Spruce Park Subdivision and a 1998 Lien for Demolition of a dilapidated structure in the amount of $3,859.29 was then recorded against Lot 3. These two documents were erroneously recorded against Lot 3 when they should have been recorded against Lot 2 that was owned by Mr. McGriff. Staff researched the Building Department records which confirmed the structure that was demolished by the County was on Lot 2. In summary, the correct dilapidated structure was removed but the lien was placed on the wrong lot. The County Attorney's Office was recently contacted by a title insurance company about these two recorded documents. The title company advised there was a sale pending on Lot 3. The physical address to the property is 4256 25th Avenue, Vero Beach, FL. An aerial photo of Lots 2 and 3 is included on the following page of this memorandum. .e Release of Lien and Certificate of Building Official November 3, 2022 12 ,, "r Figure 1. Lot 3 highlighted. In order to clear title to Lot 3, the erroneously recorded Lien and Certificate of Building Official must be released. Staff has prepared the attached Release of Lien and Certificate of Building Official and once the Release is signed and recorded in the Public Records of Indian River County, it will clear title to Lot 3 and the title company can proceed with the closing. Since Mr. McGriff no longer owns Lot 2 and the lien is over 20 years old, it cannot be rerecorded against Lot 2. Funding: There is a cost of $10.00 for recording the Release in this matter, available from Building Department, Other Professional Services, Account #44123324-033190 Recommendation: Staff recommends the Board approve the attached Release of Lien and Certificate of Building Official and authorize the Chairman to execute the Release on behalf of the Board. Attachments: Release of Lien and Certificate of Building Official 41 This document was prepared by: Office of Indian River County Attorney 1801 271 Street Vero Beach, FL 32960 772-226-1424 RELEASE OF LIEN AND CERTIFICATE OF BUILDING OFFICIAL FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases Elijah Griff a.k.a. Elijah McGriff and the below described property from that certain Lien for removal of nuisance structures recorded in Book 1190, Page 0585 as well as that certain Certificate of Building Official, recorded in Book 1141, Page 1818, of the Public Records of Indian River County, Florida: Lot 3, Block 5, Spruce Park Subdivision, according to the plat thereof as recorded In Plat Book 1, Page 80, Public Records of Indian River County, Florida Parcel No. 26-32-39-00005-0050-00003.1 EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of , 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman BCC approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, by means of ❑ physical presence or O online notarization, this day of , 2022 by Peter D. O'Bryan, as the Chairman of County Commissioners of Indian River County, Florida who is ❑ personally known or ❑ produced identification in the form of NOTARY SEAL: NOTARY PUBLIC Printed name: Commission No.: Commission expiration: Approved for form and legal sufficiency: me,- � a I William K. DeBraal Deputy County Attorney 42 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Engineer SUBJECT: Amendment No. 1 to RFQ No. 2019040 (IRC -0853), Consor Engineers, LLC CEI Services for 43`d Avenue from 18th Street to 26`h Street FDOT FM No. 431759-2-54 DATE: October 28, 2022 DESCRIPTION AND CONDITIONS On March 20, 2017, the Board of County Commissioners entered into an 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 & 43`d Avenue through its County Incentive Grant Program Agreement (CIGP) which shares 50% equal funding. This CIGP Agreement also required the County to hire a FDOT prequalified consultant firm to perform Construction Engineering Inspection (CEI) Services as defined in the Agreement. On June 11, 2019 the County awarded CEI Services to Consor Engineers, LLC for a total lump sum amount of $2,452,760.67 which was to cover the construction period of 720 days or 24 months. The purpose of Amendment No. 1 is to compensate Consor Engineers, LLC for delays occurring during construction. The Notice to Proceed was issued to the Contractor on February 24, 2020, with final completion scheduled for February 12, 2022. Due to delays associated with FPL's utility relocation schedule and unplanned repairs to the FDOT SR -60 drainage trunk line, the revised contract completion date is scheduled forJanuary 2023, adding approximately 11 months to the original expected construction period. Consor has submitted a cost analysis (Exhibit A) for compensation in a total amount of $286,554.32 which is comprised in two parts. Part 1, in the amount of $126,604.77 represents the actual cost during the period associated with the 87 -day delay for the FDOT 54 -inch drainage trunk line repair. Part 2, in the amount of $159,949.55 represents projected costs to complete the project associated with other delays, including the FPL relocations. This would increase the CEI contract with Consor to $2,739,314.99. FUNDING Funding is programmed into the 2022 Capital Improvement Elements, which is being presented to the Board of County Commissioners on December 6, 2022. Funds will be budgeted and available in Optional Sales TaxH43rd Avenue from 18th Street to 26th Street Account No. 31521441-066510-06041 in the amount of $286,554.32. 43 Page 2 43rd Avenue from 18th Street to 26th Street, IRC-0853—Amendment No.1 November 8, 2022 Meeting RECOMMENDATION Staff recommends approving Amendment No. 1 to the Agreement with Consor Engineers, LLC, and requests the Board authorize the Chairman to execute Amendment No. 1 to the Agreement on their behalf for a lump sum amount of $286,554.32. The new total agreement price will be $2,739,314.99. TAW aIF_.T4:lLIFA 14011 Amendment No. 1 with Consor Engineers, LLC AGENDA ITEM FOR NOVEMBER 8, 2022 44 C:\G ra nicus\Legistar5\L5\Temp\bd0572bf-dd bf-4a2f-a 39a -06c6cOla baa7.docx INDIAN RIVER COUNTY CONSTRUCTION ENGINEERING AND INSPECTION (CEI)SERVICES FOR 43f2D AVENUE (18THSTREET TO 26THSTREET) FDOT FM NO 431759 Project Number: IRC -0853 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CONSOR ENGINEERS, LLC AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Professional services Agreement (AGREEMENT) dated June 11, 2019 between Consor Engineers, LLC (CONSULTANT) and Indian River County (COUNTY). This amendment addresses changes in "Section 4 — Term; Time for Completion" and "Section 5 — Compensation" of the AGREEMENT. Amendment Description This Amendment includes the following: "SECTION 4 — TERM; TIME FOR COMPLETION" is being modified to incorporate the following: Consultant services are required until the completion and closeout of the project, scheduled for February 2023. "SECTION 5 — COMPENSATION" is being modified to incorporate the following: Exhibit A - Part 1 - the amount of $126,604.77 represents the actual cost during the period associated with the 87 -day delay for the FDOT 54 -inch drainage trunk line repair. Exhibit A - Part 2 - The amount of $159,949.55 represents projected costs to complete the project associated with other delays, including the FPL relocations. Total increase of $286,554.32, bringing the AGREEMENT total to $2,739,314.99 for Services to be rendered. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 45 The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 1 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CONSOR ENGINEERS, LLC OF INDIAN RIVER COUNTY By: Print Name: Title: By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney i X W O In m v co W U C O U N N G N N O C N C � R � C ZA C � 'C Q C t' Lf1 N R �:: O C fl N W ' � CO C r N p E :E Q p U- N C1-� y O o E o (U UQLL- a- IT Li) t-- LO O CA Cl) CO O O 'ct 1` CO CO 6) ti Lf) Ca O M ti f` (T m CO I— � CO O O tGtp r rt-- CC) cc LC) Fi} Nm O O GF) to CT N 6) EFS 06 cc Lo CO VCf> EFT N N Ef3 EFT Ela r r !A 4R R O H Cn _ W a) U C mQ O X W N V O N I= tm CD o O o O o 0 0 0 O ON = Q N N O H C6 coO LN N CLa. Q C c E W W W W W W W O O U U U U U U U ii a) a) d R y tCT 17 O (T CSS O O O 0m O CT O O �-- L1') Lf) CO CO co CO O O LC) O >. ca 7 Cfl CfT )Cl> mCAV co C5 Ef -,*- Ll - L>. >1 O -2 Q) O a C O 3 c O N N C O C W U U J m c° co cu m `O Q Y o o co c c _ca0 m Z3 o CO LO m :E I U U Cn Q:� m m `o `o a) LO C Ln C E E U a) U a) F - a) a < Q Q C C/) U) C6 co U) C — U U C a) O O O O LL O O Q � V U > CO > Cf)U) c- CLC C L O C C V O O O Q Q O N O Tp C1 U).N O O C C d d O O Cc d N cn O O N LO ` a U co U U c c <n IT C, t K W C - O N N E ro :�E N L a o c m ON o E o m UQLi-o c v � Co. CC) o O co M N O N O LO C O M InO � O O F- v=l CF3 UT- 6F3 00 E L O U �f) L O Ln 0N O O IT O O= M F 07 O O Lf') N O LO LC) N o C) N N i 10 M O Cl? 00 d O > = a) co O N (4 N E L G ON m Q0 O m Lq = M O 6) O O O). O O O co M O R N N itJ tf) ce) N L CD V CD O CD O CD O CD CO O C O Cl) M N O Q) N O O � N � Lo Ln M N O O O F— .6N O O 0 O N O O O O O () O O O co (p O O N N O O O O O U 0 O O O Cl? a) co 0 LU w w w w w U U U U U U a �, CO O J IC O O N N V T a O rte-- 6) co (D 00 �� U- 0 � � N L n 7 5 Q O L_ V7 Ud U O _ •0 LL o o y IC U) �n ` ++Q O n Lcn c c6 t9 d U U) U) U U) F- Ln o � cn CS 00 T eA � CF) vs fss L m Q V Jo.�R� X m W U U N O V C C a O t7 -- C/) In 0 q Y! Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 25, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske Director of Utility Services Prepared by: Richard Meckes, Operations Manager Subject: Final Pay to TLC Diversified, Inc for Bid #2019068, Roseland Elevated Storage Tank and Pump Station Descriptions and Conditions: On October 1, 2019, the Board of County Commissioners (BCC) approved Bid #2019068 in the amount of $1,691,200.00 to TLC Diversified, Inc., (TLC) for the Roseland Elevated Storage Tank Conversion and Pump Station. There was a change order executed which lowered the overall project cost by $27,697.74, for a revised project total of $1,663,502.26. The project has since been completed. Analysis: TLC has submitted Payment Request No. 15F for $83,175.11 for final pay and release of retainage. Kimley- Horn and Associates (KHA) has recommended approval of the final payment and release of retainage. To date, TLC has been paid $1,580,327.15. Payment in the total amount of $83,175.11 will complete the county's obligation to the contractor for a total amount of $1,663,502.26. Funding: Funds in the amount of $83,175.11 for the release of retainage is in the Utilities operating fund under Utilities/Retainage/Roseland Tank Retro/Retainage-TLC Diversified, account number 471-206000-17517. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount Utilities/Retainage/Roseland Tank Retro/Retainage-TLC 471-206000-17517 $83,175.11 Diversified Recommendation: Staff recommends that the Board of County Commissioners approve the final pay and release of retainage to TLC Diversified, Inc., for a total of $83,175.11. Attachments: Final Pay Application #15F C:\Granicus\Legistar5\L5\Temp\fb312788-bd4c-4235-biff-07f5121be2b4.docx 49 APPLICATION FOR PAYMENT NO. 15F To: Indian River County Utilities (OWNER) From: TLC Diversified, Inc. (CONTRACTOR) Contract: PROJECT: Roseland Elevated Storage Tank and Pump Station OWNER's Contract No. 2019-067 For Work accomplished through the date of: 08/31/2022 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): 0.00% % of Completed Work: $0.00 0.00% % of Stored Materials $0.00 $1,691,200.00 ?fid `' -$27,697.74 ''� 00- $1,663,502.26.11, $1,663,502.26 .A Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $1,663,502.26 7. Less previous Apllications for Payments: $1,580,327.15 8. DUE THIS APPLICATION (6 MINUS 7): $83,175.11 Accompanying Documentation: See attached Sheets. CONTRACTOR'S Certification The undersigned CONTRACTOR certifies that (1) title to 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; (2) all Work covered by this Application for Payment is accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed below: NONE Dated 08/30 2022 TLC Diversified, Inc. ONTRACTOR By: Mark Selph, Operation anager State of Florida County of Manatee Subcribed and sworn to before me this 30th day of August 2022 C CNLfft. 4j uU;MN McoovErr Notary publk — State Florida Canml HH2O2763 19 Erp1res11n9/=S Not ubllc My Commision expires: 11129/2025 Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated g _ 9, 7,2 - ENGINEER iENGINEER By: EJCDC No. C -700-E (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 00800-26 Printed : 8/30/2022 Page 1 of 8 TLC Job 19-1501 Printed : 8/30/2022 Page 2 of 8 TLC Job 19-14-01 51 Roseland Elevated Storage Tank and Pump Station Draw # 15F FINAL 08/31/2022 Item Desai tion Qt . Units Unit Price Contract Price Previous Amount Qty this Eamed Draw Qty to Amount this Draw Date Amount Earned]CentNo. to Date Per om 1 oseland Storage Tank & Pump statlon 2 Bid Item 1 3 Mobilization & Demobilaztion 4 Mobilization 1 Is 85,300.00 85 300.00 $85,300.00 1.001 $85,300.00 1001% 5 Demobilization 1 Is 10000.00 10,000.G0 1.00 $10,000.00 1CO% 6 Subtotal Bid Item 1 1 Is 95,300.00 95 300.00 85 300.00 1.00 95,300.00 100% 7 8 Bid Item 2 9 Bonds and Insurance 10 Bonds 1 Is 12,005.00 12,005.00 $12,005.60 1.00 $12,005.00 100% 11 Builders Risk/Insurances 1 Is 7,695.00 7,695.00 $7 695.CO 1.00 $7,695.00 100% 12 Subtotal Bid Item 2 1 Is 19 700.00 19 700.00 19 700.00 1.00 19,700.00 100% 13 14 Bid Item 3 15 Site Preparation] Restoration 16 Site Work 17 Clear & Grub 1 Is 18,250.00 18 250.00 $18,250.00 1.00 $18,250.00 100% 18 Fence 1 Is 14,500.00 14,500.00 $14,500.00 1.00 $14,500.00 160% 19 MOT 1 Is 3,000.00 3,000.00 $3,000.00 1.00 $3,000.00 100% 20 Restoration 1 Is 5,000.00 5,000.00 $5 OOG.00 1.001 $5,000.00 100% 21 Silt Fence 1 Is 2,000.00 2,000.00 $2,000,00 1.001 $2,000.00 100% 22 23 Concrete 24 Generator Slab 1 Is 3,465.00 3,465.00 $3,465.00 1.00 $3,465.00 100 25 Transformer Slab 0.3 cy 950.00 285.00 $285.00 0.30 $285.00 100% 26 27 Miscellaneous Metals 28 Bollards 1 Is 1,000.00 1 000.00 $1,000.00 1.00 $1,000.00 100% 29 Subtotal Bid Item 3 1 Is 48,165.00 47,500.00 47,500.00 1.00 47,500.00 100% 30 31 32 Printed : 8/30/2022 Page 2 of 8 TLC Job 19-14-01 51 Printed : 8/3012022 Page 3 of 8 TLC Job 19-14-01 52 Roseland Elevated -Stu e.Tank; and Pump St@tbq Draw # 15F FINAL 0813112022 Item No. Description City. Units Unit Price Contract Price Previous Amount Qty this Qty to Earned Draw Amount this Draw Date Amount Earned to Date Per Cent Com — M3 Bid Item 4 — — — -- — ---- — -- 34 Pump Station and Piping 35 Underground Piping 36 12" Water 1 Is 16,000.00 16,000.00 $15,200.00 1.001 $16,000.00 100% 37 16" Water 1 Is 14,000.00 14,000.00 $13,300.00 1.001 $14,000.00 100% 38 20" Water 1 Is 22,000.00 22,000.00 $22,000.00 1.00 $22,000.00 100% 39 40 Concrete 41 PS Slab 1 Is 40,000.00 40,000.00 $40 COO.00 1.00 $40,000.00 100% 42 Pump Pads 1 Is 14,000.00 14,000.120 $14 CtIOM 1.00 $14,000.00 100% 43 44 Painting 45 Pain'.Inq 1 Is 15,000.CO 15,000.00 $14,250.00 1.00 $15,000.00 100% 46 47 Pumps 48 Approved Pump Submittals 1 Is 15 OOO.CO 15 000.00 $15 000.00 1.00 $15,000.00 100% 49 Pumps 1 Is 105,000.CO 105,000.00 $99,750.00 1.00 $105,000.00 100% 50 51 Mechanical Piping 52 12" Water 1 is 17000.00 17,000.00 $16,150.00 1.00 $17,OOC.00 100% 53 16" Water 1 Is 13,000.00 13,000.00 $12,350.00 1.00 $13,000.00 100% 54 20" Water 1 Is 1,000.00 1000.00 $950.00 1.00 $1,000.00 100% 55 6" Water 1 Is 5012.00 500.00 $475.00 1.00 5500.00 100% 56 Purchase - P e 1 Is 216,700.00 216,700.00 $216,700.00 1.00 $216,700.00 100% 57 Supports 1 Is 4,000.00 4,000.00 $4,000.00 1.00 $4,000.00 100% 58 Subtotal Bid Item 4 1 Is 493,200.00 493,200.00 41 1.00 493,200.00 100% 59 60 61 62 63 64 Printed : 8/3012022 Page 3 of 8 TLC Job 19-14-01 52 Printed : 8/30/2022 Page 4 of 8 TLC Job 19-14-01 53 Rose] and,EMtedStorage Tank eiid Pump Station Draw #-15F FINAL' 08131/2022 Item No. Description Qty. Units Unit Price Contract Price Previous Amount Qty this Earned Draw Qty to Amount this Draw Date Amount Earned to Date Per Cent Com i 65 Bid Item 5 66 Electrical, Building, Equipment, Instrumentation & Controls 67 Concrete 68 Buildinq Slab 1 16 12,000.00 12,000.00 $12,000.00 1.00 $12,000.00 100% 69 Generator Slab 1 Is 5,000.00 5,OOC.00 $5,000.00 1.00 S5,000.00 100% 70 71 Miscellaneous Metals 72 Misc Metals 1 Is 3,800.00 3 800.00 $3,800.00 1.00 S3,800.00 1001% 73 74 Vibration and Alignment 75 Testing 1 Is 2,500.00 2,500.00 1.0131 S2,500.00 100% 76- 7T- Specialties 78 Office Furniture 1 Is 900.00 90C.00 1.00 s90o.o0 10090 79 80 Instrumentation 81 Submittals 1 Is 7,500.00 7,500.00 $7,500.00 1.00 57,500.00 100% 82 -Operatlon and Maintenance Manuals 1 Is 1,500.00 1,500.00 1.00 $1.500.00 100% 83 SCADA Workstation and Software 1 Is 25,000.00 25 000.00 1.00 $25.000.00 100% 84 RTU Modifications - Existing Elev. Stora e Tank 1 Is 6,500.00 6,500.00 1.00 $6,500.00 100% 85 16 -inch Maq Meter 1 Is 12,000.00 12,000.00 $11,400.00 1.00 $12.000.00 100% 86 Pressure Transmitters , Switches, Gua es 1 Is 11,000.00 11,000.00 $10,450.00 1.00 $11,000.00 100% 87 Level Transmitter 1 Is 4,500.00 4,500.00 $4,27&00 1.00 $4.500.00 100% 88 Flow Switches 1 Is 3,500.00 3,500.00 $3,325.00 1.00 $3.500.00 100 89 Fiber Optic Cable 1 Is 1,200.00 1,200.00 $1,200.00 1.00 $1,200.00 100% 90 Misc. Spare Parts 1 Is 1,100.00 1,100.00 1,001 $1,100.00 100% 91 Terminal Juction Boxes 1 Is 3.550.00 3,550.00 $3,550.00 1,001 $3,550.00 100% 92 Checkout and Startup 1 Is 14,500.00 14,500.00 1.00 $14,500.00 100% 93 94 95 Pro -Engineered Building 96 Approved Building Submittal t Is 55,000.00 55,000.00 $54.800.00 1.00 $55,000.00 1010 97 Building 1 Is 470,W.001 470,650.001 $447.117.50 1.00 $470,650.00 100% 98 Printed : 8/30/2022 Page 4 of 8 TLC Job 19-14-01 53 Printed : 8/3012022 Page 5 of 8 TLC Job 19-14-01 54 Roseland'Elevated Storage Tank „ end Pump Station :< ... Drew #,15F FINAL 0813112022 Item No. Description Qty, Units Unit Pdce Contract Price Previous Amount Qty this Earned Draw Qty to Amount this Draw Date Amount Earned to Date Per Cent Com i 99 Electrical 100 Mobilization 1 Is 12,000.00 12,000.00 $12,000.00 1.00 $12,000.00 100% 101 Electrical Gear & Install Labor 1 Is 19,000.00 19,000.00 $18,050.00 1.00 $19,000.00 100% 102 Site Liqhtinq 1 Is 15 000.00 15 000.00 $15,000.00 1.00 $15.000.00 100% 103 Electrical Equipment Racks 1 Is 9,800.00 9,800.00 $9,800.00 1.00 $9,800.00 100% 104 Lightning Protection & Grounding 1 is 16,000.00 16,000.00 $16,000.00 1.00 $16,000.00 100% 105 FPL Conduit Work 1 Is 12,000.00 12.000.00 $12,000.00 1.00 $12,000.00 100% 106 Electrical Rough In Iis 44,000.00 44 000.00 $44,000.00 1.001 $44,000.00 100% 107 Wire and Terminations 1 Is 31,000.00 31,000.00 $29450.00 1.00 $31,000.00 100% 108 Startup & Testing 1 Is 2,500.00 2,500.00 1.00 52,500.00 100% 109 110 Generator 111 Approved Generator Submittal 1 Is 1 7,500.00 7,500.00 $7,500.00 1.00 $7,500.00 100% 112 Generator 1 Is 175,000.00 175,000.00 $156,250.00 1.00 $175,000.00 100% 113 Subtotal Bid Item 5 1 Is 985,500.00 985,500.00 894,467.50 1.00 985,500.00 100% 114 115 116 117 118 119 120 121 122 123 124 Printed : 8/3012022 Page 5 of 8 TLC Job 19-14-01 54 Printed : 8/30/2022 Page 6 of 8 TLC Job 19-14-01 55 Roseland Elevated Storage Tank tend Pmimp,&tatlon Draw # 115F FINAL 08/31/2022 Item No. Descrl tlon Q!y,_ Units Unit Price Contract Price Previous Amount Qty this Earned Draw Qty to Amount this Draw Date Amount Earned to Date Per Cent Com 125 Did Item 6 126 Force Account 127 Force Account 1 Is 50,000.00 50000.00 $1952.51 0.45 $22.302.26 45% 128 129 130 131 1 Subtotal Force Accout Usa ead 50,000.00 50,000.00 1,952.51 0.45 22,302.26 45% 132 133 Total Contract Amounts $1 691,200.001 $1,533,045,01 Earned $1,663.502.26 Description of Items paid by Force Account 200 Work Change Directive #01 1.0 Is 1,95251 1,952.51 $1,952.51 1.00 $1.952.51 100% 201 Work Change Directive #02 1.0 Is 1,488.53 1,488.53 1.00 $1,488.53 100% 202 Work Change Directive 903 1.0 Is 15,710.00 15,710.00 1.00 $15,710.00 100% 203 Work Change Directive #04 1.0 Is 3,151.22 3,151.22 1.00 $3151.22 100% 204 205 206 207 208 209 210 211 212 213 214 215 TOTAL of Items CHARGED to CONTINGENCY PAY ITEM $22,30226 $1,952.51 i i $22,302.26 Printed : 8/30/2022 Page 6 of 8 TLC Job 19-14-01 55 Roseland Elevated Storage Tank r' and Pump Station Draw # AW° FINAL 08(3112022 Item No. Description Ot . Units Unit Prig Previous Amount Contract Price Earned Qty this Draw Qty to Amount this Draw Date Per Amount Earned Cent to Date Com Additional Work: Approved by Owner Totals ORIGINAL CONTRACT &ADD'L WORK 44,604.52 Earned $1,663,502.26 Stored Material nstalled Material Retention I Invoice Amount $1,663,502.26 Additional Work: Pending Approval ADUL WORK PERFORMED ; ADVL Amount Earned _ Earned THIS draw Earned TO - DATE Amount to be added Into Contract Printed : 8/30/2022 Page 7 of 8 TLC Job 19-14-01 56 PAY APPLICATION SCHEDULE OF STORED MATERIALS Roseland Elevated Storage Tank Indian River County Util Pay Request#: 15F ITEM DESCRIPTION INVOICE PREVIOUSLY RECEIVED PREVIOUSLY INSTALLED BALANCE NO. NO. OF MATERIALS SUPPLIER RECEIVED THIS PERIOD INSTALLED THIS PERIOD TO INSTALL A B C D E F G H I 105 FPL Transformer Pad Lindsay Precast 52261 2,272.29 2,272.29 101 Electrical Switchgear Grnybar 49776 363.17 363.17 101 Electrical Switchgear Graybar 99549 2.026.70 2,025.70 101 Electrical Switchgear Graybar 20180 5,305.83 5,305.83 56 Pipe Purchase Ferguson Waterworks 79686 17,738.04 17,738.04 56 Pipe Purchase Ferguson Waterworks 79666-1 7,496.32 7,496.32 56 Valves Ferguson Waterworks 79685 24,031.26 24,031.26 56 Pipe Purchase Ferguson Waterworks 92732-2 8,631.58 8,631.58 56 Pipe Purchase Ferguson Waterworks 10024 10.646.64 10,646.64 56 Pipe Purchase Ferguson Waterworks 18784 4,499.70 4,499.70 56 Pipe Purchase Ferguson Waterworks 18795 11,080.18 11,080.18 56 Pipe Purchase Ferguson Waterworks 18852 18,183.24 18,183.24 97 Electrical Building Enclosure, Pump Patterson 238557 235,387.69 235,387.69 9,97 Integrated Municipal System, Pumps Patterson 238560 287,007.38 287,007.38 TOTALI 1 1 $634,670.021$634,670.02 Printed . 8!30,2022 Page 8 of 8 TLC Job 19-14-01 57 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 21, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Through: Richard Meckes, Operations Manager Prepared By: Michael Loveday, Wastewater Superintendent Subject: Central Regional Wastewater Treatment Facility Roof Replacement Bid #2022041 Descriptions and Conditions: At the request of the Indian River County Department of Utility Services (IRCDUS), the Purchasing Division opened bids on September 20, 2022, for bid #2022041 for the repair and replacement of the IRCDUS Central Regional Wastewater Treatment Facility (WWTF) roof. In 2019, an assessment of the roofs was conducted by REI Engineers, Inc., (REI). REI furnished IRCDUS with a scope of work, and bid #2022041 was opened. The lowest, responsive, responsible bidder is Atlantic Roofing II of Vero Beach, Inc., which is $34,562, or 6.5%, below the next lowest bid. See bid tabulation below: Bidder Name Total Bid Amount Hamilton Roofing, Inc. $564,343.00 The Roof Authority, Inc. $562,234.00 Atlantic Roofing II of Vero Beach, Inc. $527,672.00 Funding: The Fiscal Year (FY) 2021/2022 budget has $321,720 remaining for this project in the Utilities/WW Treat/R&R/Central WWTF Roof Replacement account, number 41721836-044699-18519, which is in the Utilities operating fund. This balance will be rolled into FY 2022/2023, with the remaining $205,952 budgeted and available in the same account, for a total project cost of $527,672. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/WW Treat/R&R/Central WWTF Roof 47121836-044699-18519 $321,720.00 Replacement — (FY2021/2022) Utilities/WW Treat/R&R/Central WWTF Roof 47121836-044699-18519 $205,952.00 Replacement — (FY2022/2023) Total $527,672.00 92 Recommendation: Staff recommends that the Board of County Commissioners award Bid #2022041; give permission to the Budget Director to roll forward the $321,720 remaining in Fiscal Year (FY) 2021/2022 into FY 2022/2023; and, authorize the Chairman to execute the agreement after approval by the County Attorney as to form and legal sufficiency, receipt and approval of the required insurance by the Risk Manager, and the contractor's active registration with the Building Division. Attachments: Sample Agreement 59 SECTION 00520 Agreement TABLE OF CONTENTS Title Page ARTICLE1- WORK..............................................................................................................2 ARTICLE 2 - THE PROJECT...................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................2 ARTICLE 4 - CONTRACT TIMES............................................................................................2 ARTICLE5 - CONTRACT PRICE.............................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES..................................................................................3 ARTICLE 7 - INDEMNIFICATION..........................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS................................................................4 ARTICLE 9 - CONTRACT DOCUMENTS..............................................................•..................6 ARTICLE 10 - MISCELLANEOUS...........................................................................................7 1 60 SECTION 00520 Agreement (Utilities) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project is located at 3550 49th Street (Central Regional WWTF) and generally consists of the removal, disposition and replacement of approximately 13,198 square feet of warrantable roofing. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: CENTRAL REGIONAL WWTF ROOF REPLACEMENT Bid Number: 2022041 Project Address: 3550 49th Street, Vero Beach, FL 32967 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 270th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 61 of the General Conditions on or before the 300th calendar day after the date when the Contract Times commence to run. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $566.00 for each calendar day that expires after the time specked in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $566.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.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: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 62 A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. �P 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data 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 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. 9 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Project Manual for Project IRC -1829 dated June 17, 2022, including drawings R1, R2, D1 and D2; 12. Addenda 1, 2 and 3; 13. Appendices to this Agreement (enumerated as follows): Appendix A — Indian River County Building Division Permit Fee Schedule 14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 15. Bid Security (page 00430-1): 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 18. List of Subcontractors (page 00458-1); 19. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 6 65 20. 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 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically 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. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance .: A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the 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(ab.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. [The remainder of this page was left blank intentionally] 8 67 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Is CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address forgiving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Rich Meckes Title: Utilities Operations Manager 1800 27th Street Vero Beach, Florida 32960 (772) 226-3423 rmeckes@ircgov.com License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 9 68 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 31, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Through: Richard Meckes, Operations Manager Prepared By: Michael Loveday, Wastewater Superintendent Subject: Central Wastewater Treatment Facility Generator Replacement Engineering Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates the Central Wastewater Treatment Facility (CWWTF) located at 3550 49th Street. CWWTF currently operates two (2) standby generators, which are a carryover from the past when the CWWTF 49th Street site consisted of a Residuals Dewatering Facility (RDF) and the current CWWTF. The generators have reached the end of their useful life and replacement is necessary. The purpose of this project is to consolidate the emergency backup power for the facility and reduce the redundancy of maintenance required for two emergency power systems. Kimley-Horn and Associates (KHA) engineering firm was contacted to provide IRCDUS with an evaluation on consolidating the emergency generators. The evaluation provided the following recommendations for the CWWTF generators: • Eliminate the existing 365 kW generator from the old RDF • Replace the existing 1000 kW generator with a new appropriately sized unit to provide emergency power for the entire site • Replace the two (2) existing automatic transfer switches (ATS) with new units • Replace the day tank and generator exhaust • Make structural modifications to facilitate replacement and reconfigure the site so that one generator will power the entire site KHA will provide services for the preparation of design documents for the proposed improvements, assist with bidding of the proposed improvements, and provide construction phase services. Funding: Replacement of the CWWTF generators is budgeted in the Fiscal Year 2022/2023 operating budget for the amount of $158,696.00 in the Utilities/WIP/CWWTF Generator Replacement account, number 471- 169000-20525, in the Utilities operating fund. Utilities operating funds are generated from water and sewer revenues, and operating capital items are paid from the fund balance. F:\Utilities\00_UTI1_ITY -AGENDA TEMPLATE & GUI DELI NES\2022 Agenda Items\110822 BCC Agenda Items\KHA Central Generators\Agend� Central Generator Consolidation.doa Description Account Number Amount Utilities/WIP/CWWTF Generator Replacement 471-169000-20525 $158,696.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order #56 with Kimley-Horn and Associates (KHA), and authorize the Chairman to sign the contract with KHA, in the amount of $158,696.00, for professional technical services associated with the generator replacement/consolidation project. Attachments: KHA Scope — Gifford Generator 70 CCNA2018 WORK ORDER 56 CENTRAL (GIFFORD) WASTEWATER TREATMENT PLANT GENERATOR REPLACEMENT This Work Order Number 23 is entered into as of this_ day of 2022, 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: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian Good, P.E. Print Name: Title: Principal Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 71 EXHIBIT #A Indian River County Department of Utility Services Central (Gifford) Wastewater Treatment Plant Generator Replacement PROJECT UNDERSTANDING Indian River County Department of Utility Services (IRCDUS) owns and operates the Central (Gifford) Wastewater Treatment Plants (WWTP), which has two (2) standby generators to provide emergency backup power to maintain operations during instances of utility primary power loss. The following information is provided on the existing generators: Central WWTP o One 1,000 -kW generator with 5,200 -gallon aboveground diesel fuel storage tank & day tank, and o One (1) 365 -kW generator with 2,000 -gallon aboveground diesel fuel storage tank & day tank The generators are reaching the end of their useful life and replacement is necessary. Kimley-Horn recently prepared an evaluation of the existing generators at the North, Central and South WWTPs which outlined recommendations for replacement. As part of the Central WWTP evaluation, the following recommendations were provided: • Eliminate the existing 365 -kW generator • Replace the existing 1,000 -kW generator with new, equal size unit • Replace the two (2) existing Automatic Transfer Switches (ATS) with new • Replace day tank and generator exhaust • Structural modifications to facilitate replacement The following scope is provided to prepare design documents for the proposed improvements, assist with bidding of the proposed improvements and construction phase services. SCOPE OF SERVICES TASK 1— Design Phase Services Consultant will utilize the services of C&W Engineering to provide electrical engineering professional services related to design, bid and construction phase for the proposed generator replacement. Consultant will perform up to two (2) site visits to confirm/verify existing field conditions in preparation of the design documentation. K:\WPB—Civil\Gcneral\Black\Florida\IRCU\CentraI WWTP Generator Replacement\20221013 - Gifford WWTP Gen .doc 72 Consultant will prepare design documents for replacement of the existing diesel day tank and fuel piping to/from the proposed generator. Consultant will design the replacement exhaust piping and silencer. Since IRCDUS is not on Florida Power and Light Load Shedding Agreement, the exhaust system will be standard sound attenuation and will not include SOx/NOx emissions reduction. Consultant will prepare design for replacement of sound attenuation wall to be replaced as part of the generator replacement. Consultant will develop demolition drawings for the existing 365 -kW generator, diesel day tank and bulk tank. Consultant will provide suggested phasing for the proposed improvements. It is assumed approximately 25 sheets will be generated as part of the design documents. Consultant will prepare preliminary deliverable review package consisting of plans, specifications and Opinion of Probable Construction Costs (OPCC) and submit to IRCDUS. Consultant will prepare finalized design documents based on IRCDUS comments and use for bidding. Consultant will attend one (1) meeting with IRCDUS. Consultant will incorporate comments from Client, finalize and submit the documents to IRCDUS for bidding. Task 2 — Bid Phase Services IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. Consultant will review IRC front- end documentation and provide comments for IRC implementation for bidding. Consultant will attend pre-bid meeting, respond to contractor or supplier questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRC purchasing department. Consultant will review bids, provide a summary of comments, and a letter that identifies the lowest responsive, responsible bidder. Task 3 — Construction Phase Services Consultant will attend one (1) pre -construction meeting with the Client and the selected bidder. K:\WPB_Civil\General\Black\Florida\IRCU\Central W WTP Generator Replacement\20221013 - Gifford WWTP Gen .doc 73 Consultant will provide signed and sealed design documents to the Contractor for the building permit application package. Consultant will respond to reasonable number of comments during the permit application review. Consultant will visit the site up to four (4) times during construction. Consultant will review payment applications and change order requests. We assume that three (3) applications for payment will be submitted. Consultant will issue clarifications and interpretations. Consultant will review Shop Drawings and Samples. We anticipate that up to four (4) submittals will be required for review with one round of return submittals for additional review. Consultant will review the project at the substantial completion date and develop punchlist. It is assumed that there will be a substantial completion walk through at the end of project. Consultant will witness load -bank testing for the new generator with the Contractor and generator supplier. Consultant will conduct final walk through upon Contractor notification that the punchlist has been completed. Consultant will review Contractor's closeout documentation including record drawings, Operation and Maintenance Manuals, Consent of Surety, Release of Liens, and final application for payment. SCHEDULE Consultant will work as expeditiously as practical. The following schedule for task and project completion is provided: Task 1: 4 - 6 months after kickoff meeting/NTP Task 2: 2 - 3 months (pending IRCDUS procurement) Task 3: 12 — 14 months Total: 18 - 23 months 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"). K:\WPB_Civd\General\Black\Florida\IRCU\Central W WTP Generator Replacement\20221013 - Gifford WWTP Gen .doc 74 The Consultant will provide professional services for a lump sum fee as follows: Task 1: Design Phase Services $ 101,371 Task 2: Bid Phase Services $ 7,331 Task 3: Construction Phase Services $ 49.994 Total Tasks 1-3: $ 158,696 ADDITIONAL SERVICES The following services can be provided as additional services under separate future task order: • Surveying and Mapping • Geotechnical Investigation • Fuel Tank Design • Coordination with property owners and recording easements for the generator installation. • Construction Phase Services INFORMATION PROVIDED BY OWNER • Record drawings • Access to WWTP site • FPL bills K:\WPB_Civil\General\Black\Florida\IRCU\Central WWTP Generator Replacement\20221013 - Gifford WWTP Gen .doc 75 PROJECT: GitTord W WTP Generator Replacement SHEET 1 OF 1 CLIENT: Indian River Countv Utilities FILE NO. FSTINIATOR:NB DATE I(YI3/2022 DESCRIPTION: Gifford WWTP Generator Replacement DIRECT LABOR MAN-HOURS PRItiC SEN PROF REG PROF DES/ P'_ CLKECP P1 SUB EXP SUB Dir Exp 4.61,a LINF TOTAL NO. TASK I Design Phase Services Site Visits x2 6 12 12 $152 $3,464 Diesel Day Tank Selection 5 8 $73 $1,663 Exhaust P inR&Muft7erDesi n 6 8 $80 $1,820 Sound wall Breakdown and New 6 8 $80 $1,820 365kW & App. Demolition 8 1? $113 $2,573 Plansheets x8 KHA 20 40 60 $596 $13,556 S ecifwations 8 20 30 $284 $6,464 OPCC 6 10 $90 $1040 ReviewMeeting xl 4 6 $57 $1,287 Finalize Delivembles 4 6 11 20 5229 $5,209 QA1'QC 6 S65 $1,475 C&W Engineering 560.000 s0 $60,000 z JBid Phase Services Coordination w/ Purchasing, front,end review 4 $28 $628 Pre-bid Meeting 4 4 $47 $1.067 Questions? 5 10 $83 $1,883 Bid Review Letter 2 4 $33 $753 C&W Engineering 53.000 $0 $3,000 3 Construction Phase Services Pre -con Meeting 4 6 $57 $1,287 Building Dept Coordination & Prints 2 6 4 $60 $1,374 Site Visits x4 4 10 20 20 $295 $6,715 Pay App Review (x3) 3 5 10 $114 $2589 Clarifications & Interpretations _ 4 8 $87 $1,977 Shop Drawing Review x4 10 16 $167 $3,797 Punch list Walk Through & Development 4 6 $57 $1,287 Load Bank Testing 6 $41 $941 Final Walk Throu h 4 6 $77 $1757 Closeout Documentation Review 4 6 S57 $1,287 QA/QC4 $43 $983 C&W Engineering S26,000 $0 $26,000 TOTALHOURS 10 17 143 238 146 0 $89,000 $3,065 $158,696 LABOR ($/HOUR 235 225 150 1051 961 2-1 $0 $0 1 SUBTOTAL 23501 38251 214501 249901 140161 01 $890001 a1556311 $01 K:\WPB_Civil\General\Black\Florida\IRCU\Central W WTP Generator Replacentent\20221013 - Gifford WWTP Gen .doc 76 C & W engineering Inc. Consulting Engineers — Electrical • HVAC • Plumbing 6903 Vista Parkway North, #10 West Palm Beach, FL 33411 (561) 642-5333 Revised October 06, 2022 Nick Black, P.E. Kimley-Horn & Associates, Inc. 1920 Wekiva Way West Palm Beach, FL 33411 Subject: Indian River County Utilities, "Gifford" Central Waste Water Plant — Main Generator and ATS Replacement, Emergency Power Feeder to Solids Building Design/Permitting/Bidding/ Construction Services — Electrical Proposal. C&W Ref. 226607 Dear Mark: I am pleased to submit this proposal for IRC Utilities "Gifford" Wastewater Treatment facility design phase, bidding and permitting phase, and construction phase services proposal for the replacement of the main plant ATS switch, and 1 MW generator unit, also to demolish the existing Sludge facility 365kW generator, and transfer switch, provide a new ATS switch and an emergency feeder from the new 1 MW generator to the Sludge planta Proiect Understanding: 1. Investigate the existing electrical system and design the replacement of the existing 1 MW generator, 2000A ATS switch, provide a temporary emergency service with temporary wiring to keep the wastewater facility backed up by a rental generator unit and a temporary ATS switch. 2. Design an underground power feeder from the main electrical room/ new 1 MW generator to the Solids Sludge Building ATS. 3. Provide a sequence of demolition and installation/replacement that is most efficient in keeping plant load on normal power; while minimizing the number of shut downs and the number of temporary transfers of power. 4. Replacement of existing ATS equipment and generator unit will include integration to the existing plant PLC and SCADA systems. The new equipment will be designed to provide status of ATS switch positions and any equipment alarms such as loss of 77 C&W Ref. 226607 phase. 5. Provide electronic metering at center pole of ATS switch to monitor kW usage, amps, volts and frequency across the three phases and provide information to SCADA. 6. Generator replacement shall be limited to Tier 2/3 class. Task 1 - Preparation of Design Documents Phase: 1. Coordinate with Civil, Mechanical and plant I&C the engineering and design of the proposed demolition, and replacement of the electrical emergency equipment and design of the solids building emergency underground feeder, and termination at existing switchgear/ATS equipment. Include demolition of the Solids 385kW mains switchgear plant equipment. 2. We anticipate 16 to 18 electrical drawing sheets to provide bid documents during the design phase. This shall include specifications related to the division 16 equipment covered in the design documents. 3. Design drawings shall include existing equipment electrical demolition with a demo oneline diagrams at each main and solids electrical equipment rooms, a temp power oneline, a proposed new power oneline, new ATS and switchgear modifications/upgrades needed for the new ATS switch. 4. PLC 1/0 status of ATS switch and main switchgear, power and control raceways, plans of electrical room demo and install, electrical equipment elevation details, and other electrical details as required. 5. Coordinate with the Civil and Structural Kimley Horn drawings for the removal of the 1 MW generator. We anticipate demo and rebuilding of one of the walls to facilitate the removal and placement of the 1 MW generator. 6. Electrical design sequence of demolition, temp power, and installation of new equipment. Approach will be to minimize any of the needed shut downs and keep most of the plant equipment running as demolition and installation phases are implemented. 7. Prepare Opinion of Construction costs for the proposed 60% and 90% design phase. 8. Attend review meetings during design phase for 60% and 90% document submittals. 9. Prepare final 100% documents. Task 2 — Bidding/Permitting Phase: 1. Prepare electronic copy of documents for IRC purchasing department. 2. Attend a per -bid meeting and respond to potential bidder questions. 3. Prepare addendum items, if required. 4. Provide supporting documents as needed and respond to any reviewer comments. 5. Provide a conformed set of drawings and signed and sealed permit drawings for the building department. Task 3 - Construction Phase: Review of the equipment shop drawings, including rental equipment, and Contractor's proposed sequence of demolition, shut downs, and installation. C&W Ref. 226607 2. Respond to Contractor RFIs 3. Attend a per -construction meeting, provide time for up to six (6) field visits, during different stages of the construction; some visits may also include attending a progress meeting and provide an email report of visit. 4. Witness a startup and testing phase, including provide a punch of electrical items found during startup visit. 5. Provide the Owner with As -built drawings, based on Contractor redlines. FEE SUMARY Task 1: Design Documents Phase: $60,000.00, lump sum Task 2: Bidding/Permitting Phase: $ 3,000.00, lump sum Task 3: Construction Phase: $26,000.00, lump sum I trust the above scope is in agreement with your needs and expectations. If you have questions or comments regarding the above, please call or write. Very truly yours, C & W Engineering, Inc. Michael Guida, P.E. JLR/nl/file 79 qi CONSENT: 11/8/2022 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold- County Attorney DATE: October 26, 2022 SUBJECT: Resolution Cancelling Taxes on Property Purchased by the City of Fellsmere for Public Purpose A parcel of land was purchased by the City of Fellsmere ("City") and the City will be using the property for right of way, a copy of the email from the City stating the purpose is attached. For this reason, a resolution has been prepared for consideration by the Board for removing the below recited property from the tax roll for ad valorem taxes for current and future years: Public Purpose: Right of Way purposes Location/Description: North side of CR 512 east of 127th Avenue Purchased from: Hiers Properties, LLC Instrument: Special Warranty Deed recorded in Book 3578, Page 926, Public Records of Indian River County, Florida FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by the City of Fellsmere for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENT: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 80 purchased from: Hiers Properties, LLC public purpose: Right of Way tax parcel portion of # 31-37-00-00001-1447-00001.0 RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by the City of Fellsmere from Hiers Properties, L.L.C., for right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3578, Page 926 of the Public Records of Indian River County, Florida. 1 81 RESOLUTION NO. 2022 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 2 KA I©6 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(6): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 Community Development Districts IS A DIGTTL/ AELECTRONIC PRESENTATION PLANNED? YES NO N/A WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: -9 Interactive Web Form E -Mail Hand Delivered Phone N/A COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Nov 1, 2022 M. IoeI Public Hearing Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: October 20, 2022 Subject: Notice of Scheduled Public Hearing for November 15, 2022 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 15, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 15, 2022: 1. Consideration of Miscellaneous Budget Amendment 10. RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. qac a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: October 27, 2021 SUBJECT: Notice of Public Hearing Scheduled for November 15, 2022 Board Meeting for Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and Preliminary PD Plan Approval for a Single -Family Residential Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 8, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 15,2022: 1. Kolter Group Acquisitions LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval and Concurrent Preliminary PD Plan/Plat Approval for a Project to be known as Red Tree Cove PD [PD -21-11-09 / 2021040075-90718] (Quasi - Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners FROM: Jason E. Brown, County Administrator SUBJECT: Local Technology Planning Team Recommendation DATE: October 12, 2022 BACKGROUND: In July 2020, the Florida Office of Broadband was established within DEO's Division of Community Development to increase the availability and effectiveness of broadband Internet throughout the state. The amendment of Section 288.9961, Florida Statutes, and creation of Sections 288.9962 and 288.9963, Florida Statutes, provides DEO access to federal grant dollars and assists rural communities with the expansion of broadband services, as well as provides directives for broadband mapping and the Broadband Opportunity Program. In May, 2021 the Indian River County Board of County Commissioners commissioned a broadband study to be conducted by Magellan -Advisors, Inc. The purpose of the study was to detail the options for improving the broadband environment based on the available infrastructure assets, resources and public policy tools. In September 2021, the Florida Department of Economic Opportunity (DEO) launched the Local Technology Planning Team initiative using the Broadband Planning Toolkit developed by the Office of Broadband. Local Technology Planning Teams are tasked with working within their communities to understand their current broadband availability, locate unserved and underserved businesses and residents, identify assets relevant to broadband deployment, build partnerships with broadband service providers, and identify opportunities to leverage assets and reduce barriers to the deployment of broadband Internet services in the community. ANALYSIS The broadband study conducted by Magellan -Advisors for the County followed the nine -step process outlined in the Broadband Planning Toolkit. That report has been shared with the Florida Office of Broadband. The study serves as an excellent starting point and does provide recommendations for addressing the near term needs for two underserved areas of Indian River County. However, in order to better align with the Local Technology Planning Team (LPTP) structure recommended by the Broadband Planning Toolkit and to address longer-term broadband planning for Indian River County, staff recommends designating the existing Indian River County Economic Development Council (EDC) to serve as the LTPT for Indian River County. The current Indian River County EDC membership closely aligns with LTPT representation recommendations outlined in the Broadband Planning Toolkit, which are included below for reference. Industry Sector: Qualifier/Purpose: Examples: Libraries Education & Information • County Director of Libraries Access K12 Education Public & Private • Superintendent of Schools • School Board Member(s) • College/University Re resentative s Health Care Providers Telemedicine, Institutional • County Department of Health Connectivity • Hospital/Clinic Representative(s) Private Business ECommerce; Economic • Local Business Owners Development; Partnerships • Chamber of Commerce Tourism Vacation Planning & E- • Tourist Development Commerce Organization • Local Attractions Community Organizations Outreach Initiatives; • Nonprofits Community • Community Leaders Presence/Influence Agriculture Base Industries • Farmers and CoOps • Equipment Brokers • Local I FAS Official Economic Development (E-) Commerce • Economic Development Organizations Council/Committee Member(s) Local Governments E -Governance; E- • County Administrator Government; Infrastructure • Town/City Representatives Initiatives; County Plans • Parks and Recreation • Public Safety & Emergency Services Parks and Recreation Infrastructure and Tourism • National/State Park Local Broadband & Internet Partnerships; Infrastructure • Internet Service Providers Service Providers Expansion (Last Mile); servicing county/region Funding Representative(s) FUNDING There is no funding required to designate the Indian River County EDC to also serve as the LTPT. However, it is anticipated that the LPTP would have significant advisory input into any potential broadband grant pursuits. RECOMMENDATION Staff recommends the Board designate the duties and responsibilities of the Local Technology Planning Team, as outlined in the FL DEO Broadband Planning Toolkit, to the Indian River County Economic Development Council. ATTACHMENTS Broad ban d-planning-toolkit—final. pdf DISTRIBUTION Dylan Reingold — County Attorney Phil Matson — Director, Community Development Indian River County Economic Development Council BROADBA I.ANNING - TOOLKfI A Guide to Establishing Local Technology Planning Teams p Table of Contents Local Technology Planning Teams and Toolkit Overview .................................................... 3 Office of Broadband Overview................................................................................................ 4 Broadband 101: What is Broadband?..................................................................................... 5 Structure and Resources Overview.......................................................................................10 Broadband Planning Process................................................................................................13 Step1: Engage Stakeholders................................................................................................14 Step2: Assemble a Team.....................................................................................................15 Step 3: Identify Community Priorities.....................................................................................15 Step4: Harness the Data......................................................................................................16 Step 5: Consider Digital Inclusion..........................................................................................18 Step 6: Assess Resources and Infrastructure........................................................................19 Step 7: Engage Local Internet Service Providers...................................................................20 Step8: Evaluate Solutions.....................................................................................................20 Step 9: Develop and Execute Solutions.................................................................................21 Local Technology Planning Team Resources......................................................................25 Broadband Terms to Know....................................................................................................25 Guide: Strengths, Weaknesses, Opportunities and Challenges Analysis...............................28 Broadband Planning Inventories............................................................................................29 Questions for Focused Meeting Discussion...........................................................................31 CommunitySurvey................................................................................................................33 BusinessSurvey....................................................................................................................38 Local Technology Planning Teams SWOC Analysis - Template............................................44 Broadband Planning Inventory - Template.............................................................................45 Local Technology Planning Teams and Toolkit Overview The state of Florida recognizes the need for the expansion of broadband infrastructure to bridge the digital divide in communities throughout the state. Now, more than ever, it is crucial for Florida counties to develop effective and comprehensive strategic broadband initiatives at the local level that take advantage of federal, state, and other grant opportunities The most critical component of this comprehensive effort is coordination between Florida's Local Technology Planning Teams and the Department of Economic Opportunity's Office of Broadband. This Broadband Planning Toolkit provides fundamental resources and guidance needed to help the Local Technology Planning Team increase the accessibility and availability of broadband services in their county or region. To create a Local Technology Planning Team and to fully utilize the Broadband Planning Toolkit: • It is imperative that representatives from each of Florida's 67 counties actively participate in the establishment of their team and encourage the implementation of the toolkit. • Coordination between Florida's Local Technology Planning Teams and the Department of Economic Opportunity's Office of Broadband is crucial to the successful implementation of the toolkit. • Partnering to comprise a Local Technology Planning Team is encouraged at a regional level with neighboring counties, their Rural Area of Opportunity, or another regional organization. • Local Technology Planning Teams are a vital part of Florida's broadband expansion, and adoption efforts are critical to the state's future success in an increasingly technology dependent global economy. The practice of broadband planning has shown it can have a significant, positive impact on accessibility and availability of broadband for municipalities, counties, regions, and the state. As your Local Technology Planning Team develops a greater understanding of the accessibility and availability of broadband in your county or region and begins to develop and implement strategies to bridge the digital divide, it impacts not only other counties, but also the region and the entire state. Municipalities interested in participating on the Local Technology Planning Team facilitated by their county or region may contact the Department of Economic Opportunity's Office of Broadband at Broad band(a-)DEO.MyFlorida.com. Florida Department of Economic Opportunity Office of Broadband Overview The Department of Economic Opportunity's (DEO) Office of Broadband was established in July 2020 to increase the availability and effectiveness of broadband internet throughout the state. Amending Section 288.9961, Florida Statutes, and creating Sections 288.9962 and 288.9963, Florida Statutes, allows DEO to access federal grant dollars and assist rural communities with the expansion of broadband services, while also providing directives for mapping and the Broadband Opportunity Program. DEO's Office of Broadband has been directed to perform the following duties: • Create a strategic plan to increase and improve the availability of, access to, and use of broadband internet service in Florida by June 30, 2022, and biennially thereafter. The plan must include a process to review and verify public input on the broadband internet transmission speeds and availability, federal broadband activities, and funding sources. • Build and facilitate local technology planning teams, especially with community members from the areas of education, healthcare, business, tourism, agriculture, economic development, and local government. The planning teams shall work closely with rural communities to understand current broadband availability, identify assets for broadband deployment, build partnerships with service providers, identify underserved and unserved residents and businesses, identify funding opportunities, and provide assistance with applying for federal grants for broadband internet service. • Provide technical and planning assistance to rural communities. • Establish the Broadband Opportunity Program to award grants to applicants who seek to expand broadband to unserved areas, rulemaking for the program (subject to appropriations), and apply for federal funds. • Develop a map of broadband internet service availability throughout the state consistent with the Federal Communications Commission's Digital Opportunity Data Collection program. The map must identify where broadband -capable networks exist, service is available to end users, gaps in rural areas, and download and upload transmission speeds. DEO must receive and verify public input to identify locations in which broadband internet service is not available, including locations with transmission speeds below the Federal Communications Commission's standard of 25 megabits per second downstream and 3 megabits per second upstream. The map must be completed by June 30, 2022. • Encourage public use of internet service through broadband grant programs. ti'7l • Monitor, participate in, and provide input on Federal Communications Commission's proceedings that are related to the geographic availability and deployment of broadband internet in Florida. The successful implementation of the Local Technology Planning Teams will help DEO design state programs and resources for broadband adoption, deployment, expansion, and resiliency. Statutory Authority • State Statutes/Rules: o Sections 288.9961, 288.9962, and 288.9963, Florida Statutes. For more information, visit: www.FloridaJobs.org/Broadband. L>t oadband 101: What is Broadband'% The definition of broadband, or high-speed internet access, is constantly changing. Broadband is a high-capacity transmission technique using a wide range of frequencies, enabling many messages to be communicated simultaneously. Broadband is another term used for bandwidth — or the amount of data that can be sent through a connection — to access high-speed internet. The more bandwidth, the more information a user can send or receive at any given time. The Federal Communications Commission currently defines broadband as download speeds greater than 25 Megabits per second (Mbps) and upload speeds of 3 Mbps. The state of Florida defines broadband as a service that provides high-speed access to the Internet at a rate of at least 25 Mbps in the downstream direction and at least 3 Mbps in the upstream direction. Why is broadband important? Broadband allows people more affordable and efficient access to basic amenities such as education, health care, public safety, and government services through: • Providing people opportunities to participate in online learning and distance education; • Giving entrepreneurs and small home-based business owners opportunities to compete with large corporations; • Increasing the productivity and efficiency of businesses; • Connecting patients in remote areas to health care services; • Making government services more readily available to residents; �*N Saving companies and organizations money by allowing employees to telework; and • Allowing friends and families to stay in touch with one another. 93 How will this impact the day -today lives of Floridians? Rural areas have often struggled to gain access to the highest level of education, healthcare, retail, and other services. Broadband's potential to connect people and ideas at the speed of light offers new opportunities and abilities for Floridians. Other benefits include: • Economic Development — Broadband provides access to local, regional, state, national, and worldwide markets, enhancing opportunities for current businesses, while providing the infrastructure to create new businesses and technology-based companies in areas of our state that have traditionally lacked such business and employment opportunities. • Education —All levels of Florida's education system will benefit from the expansion of broadband infrastructure. High speed connectivity offers the promise of remote class instruction, shared course offerings, and a much greater range of media materials available online. Broadband can overcome geographical and financial barriers to provide a wide range of educational and cultural opportunities. • Healthcare — Telemedicine has the potential to revolutionize health care in rural America by allowing instant retrieval of health records, video interface, improved emergency response, and the possibility of `e -visits' that connect health professionals and specialists to patients in real time, at home, facilitating the highest quality of medical care to rural populations. The state of Florida recognizes the need for the expansion of broadband infrastructure to bridge the digital divide in communities throughout the state. Now, more than ever, it is crucial for Florida counties to develop effective and comprehensive strategic broadband initiatives at the local level that take advantage of federal, state, and other grant opportunities The most critical component of this comprehensive effort is coordination between Florida's Local Technology Planning Teams and the Department of Economic Opportunity's Office of Broadband. Section 288.9961, Florida Statutes, directs the Office of Broadband to build and facilitate Local Technology Planning Teams, which shall work with communities to: 1. Understand their current broadband availability; 2. Locate unserved and underserved businesses and residents; 3. Identify assets relevant to broadband deployment; 4. Build partnerships with broadband service providers; and 5. Identify opportunities to leverage assets and reduce barriers to the deployment of broadband Internet services in the community. The teams or partnerships must be proactive in fiscally constrained counties with identifying grant opportunities and applying for federal grants for broadband internet service. The key elements of a productive Local Technology Planning Team are: 1. Identification of local and community stakeholders; 2. Engagement of local and community stakeholders through strategic outreach initiatives; and 3. Development of an assessment of the community's current broadband status with identified paths toward future opportunity. The goal for the creation of the Local Technology Planning Teams is to conduct community -level, research -based analytics and trend analysis in each county throughout the state. Local Technology Planning Teams will review patterns of utilization, gaps, barriers, and opportunities. This information will be utilized to encourage organizations to adopt broadband and broadband -enabled applications and processes, such as telemedicine and distance learning. The Broadband Planning Toolkit can be the foundation of the county or region's technological and economic future. Effective data collection on broadband utilization and its impact is essential to the success of any broadband awareness and deployment effort. It is important to "get a lay of the land" to know how people, businesses, and organizations access and utilize broadband services, and to understand where weaknesses or missed opportunities lie. The Local Technology Planning Teams can benchmark data collection and analysis specifically designed to help communities within its area to identify and leverage the benefits of high-speed Internet connectivity and e -solutions for economic and social development. DEO's Office of Broadband will partner with Local Technology Planning Teams to provide technical assistance, collect reports and data, and monitor progress of the teams. Technical assistance provided by the Office of Broadband may include: • Assistance with appointing team members; • Meeting facilitation and agenda items; and • Report submission to the DEO's Office of Broadband. It is crucial for the Local Technology Planning Teams to collect the data effectively to ensure comprehensive strategic broadband initiatives and adoption plans can, and will later, take advantage of grant opportunities. The overall mission of the Local Technology Planning Teams is to advance broadband demand and adoption, and to study and support broadband service and infrastructure deployment in Florida's 67 counties. 95 The culmination of this effort will include diverse community and industry sectors, such as libraries, K-12 education, colleges and universities, local health care providers, private businesses, community organizations, economic development organizations, local governments, tourism (development organizations), parks and recreation, and agriculture working together to develop measurable goals, objectives, and benchmarks that will help keep broadband planning efforts on track in subsequent years. Local Technology Planning Team members will have the opportunity to collaborate with internet service providers to identify existing and emerging technologies and strategies to further the expansion and utilization of broadband internet. This will be accomplished through the implementation of strategic initiatives developed by the Local Technology Planning Teams to advance the availability and accessibility of broadband services. The initial work of the Local Technology Planning Teams is designed to be enduring, meaning the needs assessment can be updated over time and the county or region's broadband strategy can be adjusted according to changing circumstances, technologies, and the results of future deployment efforts. The practice of broadband planning has shown it can have a significant, positive impact on accessibility and availability of broadband for municipalities, counties, regions, and the state. As your Local Technology Planning Team develops a greater understanding of the accessibility and availability of broadband in your county or region and begins to develop and implement strategies to bridge the digital divide, it impacts not only other counties, but also the region and the entire state. Local Technology Planning Teams are a vital part of Florida's broadband expansion, and adoption efforts are critical to the state's future success in an increasingly technology dependent global economy. Structure and Resources Overview The Office of Broadband encourages counties to partner on a regional level with neighboring counties, their Rural Area of Opportunity, or another regional organization for their Local Technology Planning Team. The focus of the Local Technology Planning Team is to advance broadband service adoption and infrastructure deployment within each county or region. The first task of the Local Technology Planning Team leader, typically the county administrator/manager or their selected designee, is to ensure the membership of the planning team represents local stakeholders in broadband expansion. By November 30, 2021, the Department requests that each leader for the Local Technology Planning Team (County Administrator, County Manager, or a designee) submit their recommended industry sector representatives and community leaders to the Department to ensure that a variety of industry sectors are represented. Below is a list of industry sectors that may be represented on each Local Technology Planning Team, as noted in section 288.9961, Florida Statutes. The Office of Broadband requests that team leaders recommend at least one representative from each industry sector listed below to the county or region's Local Technology Planning Team. However, the team leader tasked with recommending team members may recommend as many members from each industry sector as necessary to meet the planning goals and objectives outlined in this Broadband Planning Toolkit. In addition to the sectors noted in Florida Statutes, team members can represent other industry sectors based on needs or characteristics of the county or region. By Industry Sector: Industry Sector: Qualifier/Purpose: Examples: Libraries Education & Information . County Director of Libraries Access K-12 Education Public & Private . Superintendent of Schools • School Board Member(s) • Colle e/University Representative(s) Health Care Telemedicine, • County Department of Health Providers Institutional Connectivity . Hospital/Clinic Representative(s) Private Business E -Commerce; Economic . Local Business Owners Development; . Chamber of Commerce Partnerships Tourism Vacation Planning & E- . Tourist Development Organization Commerce . Local Attractions Community Outreach Initiatives; . Nonprofits Organizations Community • Community Leaders Presence/Influence 97 Agriculture Base Industries • Farmers and Co -Ops • Equipment Brokers • Local IFAS Official Economic (E -)Commerce . Economic Development Development Council/Committee Member(s) Organizations Local E -Governance; E- • County Administrator Governments Government; • Town/City Representatives Infrastructure Initiatives; . Parks and Recreation County Plans . Public Safety & Emergency Services Parks and Infrastructure and • National/State Park Representative(s) Recreation Tourism Local Broadband Partnerships; • Internet Service Providers servicing the & Internet Service Infrastructure Expansion county/region Providers Last Mile); Funding While identifying additional key businesses and organizations who would contribute to the planning work of the Local Technology Planning Teams, individuals from each of these may be added to the appropriate sector teams. Additional sectors to consider include, but are not limited to, the following: • Energy and the Environment (Sustainability); • Aviation and Aerospace; • Sports and Gaming; • Law Enforcement; • Fish and Wildlife; and • Transportation. The Local Technology Planning Teams will have resources available to them to perform their work, including: • Support from the Office of Broadband. • The contents of this Broadband Planning Toolkit with step-by-step guidelines. • Contact information for other Local Technology Planning Teams around the state to share discussions and planning strategies. ti: Links to planning resources, research, and other materials at the Office of Broadband's webpage at www.FloridaJobs.org/Broadband. Available resources include maps, statewide survey results, the regional broadband workshop summary and recordings, funding opportunities, and partnership information. A comprehensive broadband availability map from the National Telecommunications and Information Administration (NTIA). Guides on: • Broadband 101; • Broadband planning processes; • Broadband planning inventories; • Strengths, Weaknesses, Opportunities and Challenges (SWOC) Analysis; • Sample questions for meetings/discussions; and • Community and business survey distribution practices. Surveys: This set of documents provides a template for a community survey and a business survey that should be updated to fit the team's needs, circulated, collected, and provided to the Office of Broadband for statistical analysis vital to broadband expansion. Broadband Planning Process This Broadband Planning Toolkit provides fundamental resources and guidance needed to help the Local Technology Planning Team increase the accessibility and availability of broadband services in their county or region. The toolkit uses functional resources to help identify current broadband needs, inventory assets, assess strengths and weaknesses, establish goals, and create and implement policies that will help Florida's counties and regions achieve a technological vision of the future. Goals and objectives identified can be employed by community and industry sector leaders within each county or region to leverage and build upon existing broadband strengths and overcome current weaknesses. The utilization of this Broadband Planning Toolkit can be a planning exercise that should produce primary data to better help the Local Technology Planning Teams prepare to build long-term broadband infrastructure in their area. While the Toolkit has specific recommendations for developing initiatives to implement strategies, it is to be used as a guide for creating a County or Regional Broadband plan. For example, while large scale cost figures can be developed, the Toolkit is not intended to detail specific, cost/benefit analyses for technical broadband system components or enhancements. The Broadband Planning Toolkit follows a nine (9) step process: 0 J EnMP Assemble a Harness tF Stakeholders Team Cpriorities, , Data m - Consider Assess''"° tal Inclusion Resources & Infrastructur 7Develop &Execute Solutions 100 Step 1 - Engage Stakeholders Step 2 - Assemble a Team Step 3 - Identify Community Priorities Step 4 - Harness the Data Step 5 - Consider Digital Inclusion Step 6 - Assess Resources and Infrastructure Step 7 - Engage Local Internet Service Providers Step 8 - Evaluate Solutions Step 9 - Develop & Execute Solutions This Toolkit is designed to help community members stay engaged, achieve county or regional goals, increase broadband utilization, and ensure continued participation by industry sectors and the public. This guide can be used by future teams to update plans implemented by the current team. The Toolkit can help identify new opportunities for collaborations that can promote community development and growth. It can also cultivate a common broadband vision, prioritize needs and interests, catalyze stakeholder commitments, and assess where to find the needed physical infrastructure, organizational capacity, and human capital assets of the county or region. In the first two steps, the county administrator/manager or another county representative will serve as the coordinator and facilitator for their Local Technology Planning Team. Step 1: Engage Stakeholder - Local Technology Planning Team leaders should make engaging their county or region's community stakeholders a critical part of the ongoing broadband planning efforts. Onboarding community stakeholders and representatives from industry sectors listed in statute (pages 10-11) can help establish project awareness and support, two-way communication, and transparency. The county administrator/manager may select one or more of the following methods to provide information to key stakeholders who may be interested in joining the Local Technology Planning Team: • Social media campaign through a verified social media account to announce the establishment of the Local Technology Planning Team or accept nominations from the public. • Hold a publicly noticed county or regional meeting. • Direct outreach to key stakeholders who represent each industry sector. 101 Step 2: Assemble a Tearr During this step, the county manager, county administrator, or their designee, should compile a list of prospective team members to recommend as representatives from each industry sector listed in the Structure and Resources Overview section of the Toolkit beginning on page 10. By November 30, 2021, the Department requests that each leader for the Local Technology Planning Team (County Administrator, County Manager, or a designee) submit their recommended industry sector representatives and community leaders to the Department to ensure that a variety of industry sectors are represented. Local grassroots communication outreach is vital to the success of the Local Technology Planning Team. A committee that is representative of the entire county provides credibility, transparency, and public accountability, along with assurance that most of the various needs and interests of the county or region are considered and met. Compose the team based on the mission and recommend members with a mix of skills, varying backgrounds or viewpoints, and interest in a common goal. As the planning process moves forward, team members will be expected to serve as conduits to their respective stakeholder groups to encourage the flow of information and in-kind services (such as institutional support needed to organize meetings, ensure effective communication, and provide logistical support) that will be needed to make the effort a success. * Notice: All Local Technology Planning Teams should offer a virtual meeting option for the Office of Broadband to attend remotely. Step 3: Identify Community Prioriti It is important to understand the current broadband climate in the county or region. This can help develop an understanding of the broadband -related strengths and weaknesses in the county or region and provide a benchmark for the evaluation of future progress. The Local Technology Planning Team should review the overall goals of the state's broadband efforts, the current status of broadband availability within the county or region, and their role in meeting broadband goals. Additionally, the Local Technology Planning Team should utilize the Toolkit to assess the current status of broadband in their county. The Local Technology Planning Team should also understand and evaluate the existing publicly available maps of the Federal Communications Commission, internet providers, and services offered in their areas. These will further provide 102 the Local Technology Planning Team with knowledge of areas that either do not have broadband service or where broadband coverage is insufficient. Step 4: Harness the Data After assembling a planning team and determining the initial direction of the Toolkit, the next step is to identify the public's opinion on the topics of community needs, broadband consumption/utilization, and expansion efforts using demand aggregation. Demand aggregation is one of the most crucial components in supporting your community's broadband expansion that helps you recognize the needs of the county or region, what is available to your community, and helps compile that data all into one place. The data gathered from a demand aggregation campaign is vital to encouraging providers to move into the area. This is done through surveying residents and businesses. Sample community and business surveys are provided on pages 33 and 38 for Local Technology Planning Teams to reference in the development of their surveys. Local Technology Planning Teams should develop survey questions that will collect information considered vital to their broadband expansion efforts. Online survey platforms utilized to develop, collect, and analyze community and business surveys can include, but is not limited to, the following: • Google • SoGoSurvey Survey Forms Planet • Typeform • Survey Monkey Zoho Survey Alternative survey platforms should be readily available for residents or businesses that cannot complete the survey(s) online. This can be accomplished by offering participants face-to-face, telephone, or paper (physical) surveys. Below are the components of harnessing data by survey: 1. Survey Selection Build a demand aggregation survey that is available both online and offline: o Duplication or Revision of Community Survey (page 33). o Duplication or Revision of Business Survey (page 38). 2. Determine Timeline o 31 -Day Window Recommended. 3. Build and Execute Public Outreach Campaign Determine how the public will be engaged to complete the survey: 103 o Who will be engaged and how? What resources are available? It is important to identify the resources that can be utilized to share the survey. Resources such as a website, social media outlets, newsletters, press releases, billing inserts, etc. What is the timeline for gathering input? How will the responses be used? What are the expectations for this project? Ideas for collecting offline survey results: o Strategically offer printed surveys in areas around town, government buildings, and many other places. • Offer return boxes for take-home surveys. o Work with the local school district to arrange for students to take the survey home for parents or legal guardians to complete. o Call residents or businesses to conduct the survey(s) via phone. 4. Progress Reports The data received should be shared with the Local Technology Planning Team and the Office of Broadband through a progress report 15 days into the project (at the halfway point). The team should be able to receive indicators on the outreach activities that are working and not working so that the team can ramp up efforts if needed and adjust elsewhere. The progress report should include: • The number of responses received for the Community Survey. • The number of responses received for the Business Survey. 5. Report of Survey Findings The Local Technology Planning Team should provide unaltered data and results to the Office of Broadband within 24 hours of closing the survey and a summary of survey findings within five business days of survey closure. Report Structure — Walkthrough: 1. Front Page: Include a title, publication date, county or region name, and contact information. 2. Table of Contents: This section allows for easy navigation of the report. 3. Executive Summary: The executive summary should summarize the main points identified in the report, including the methods, crucial results, and conclusions or recommendations. o Limit the summary to one or two pages. m• o It is not necessary to detail every result of statistical significance in the executive summary, only in the Survey Results section. o The executive summary is typically the most read portion of a survey report and should be a brief detailed account of the report. 4. Survey Method: This part should detail geographic areas and groups included in the survey and why, number of people/homes and businesses surveyed, outreach strategy, and the method of data collection. Individual sub -sections may be required to adequately cover all the details for each survey. 5. Survey Results: This is the main content of the report, detailing the results. Consider structuring this section according to the goals of the local technology planning team or themes identified during aggregation, rather than by question order presented in the survey. o This section should present the key results from the survey. It should highlight results that are of both statistical and practical significance. o Any unreliable results or findings should be excluded from this section and listed in an appendix. 6. Appendices: Items that should be included in the appendices include: o A copy of both the business and community survey questionnaire circulated by the team. o Charts or graphs detailing survey results (in order of reference). o Outreach materials utilized. * NOTICE: In addition to the Report of Survey Findings, a1/ primary or "raw" data collected by the team should be sent to the Office of Broadband. Stew 5- Consider Digital Inclusion Digital inclusion ensures that individuals and communities have access to robust and affordable broadband connections, internet-enabled devices that meet their needs, and the skills to explore, create, and collaborate in the digital world (digital literacy). In 105 this step, it is important to identify aspects of digital inclusion that require attention in the county or region. Aspects of digital inclusion to consider are: • Broadband Access and Affordability • Computers and Devices • Technical Help and Support • Digital Skills Training Digital Literacy: Promoting digital literacy in communities can encourage broadband adoption rates. When assessing and addressing county or regional broadband needs, it is imperative for local communities to focus on access, evaluate digital literacy skills among community members, and work to improve these skills. This can be accomplished through the promotion and deployment of digital literacy skills training and programs. Step 6: Assess Resources and Infrastructure At this point, the objective is to understand existing broadband facilities and resources in the county or region, confirm what residents and institutions want, and figure out what is needed to complete the Toolkit. The goal of this step is to enable Local Technology Planning Team members to compare existing resources with needs to shape the broadband planning through the identification of gaps in broadband infrastructure. Strengths, Weaknesses, Opportunities and Challenges Analysis: Members of the Local Technology Planning Team should assess and discuss any projects underway or proposed in their county through state or federal grants, and any provider -initiated system upgrades. Such critical public/private partnerships can respond to expressed needs in our state and provide a host of opportunities for further g rowth . Local Technology Planning Teams should have significant discussions about moving from the current broadband environment to one needed within the county or region. Based on these discussions and available baseline data, a Strengths, Weaknesses, Opportunities and Challenges Analysis should be performed by the Local Technology Planning Team. The Strengths, Weaknesses, Opportunities and Challenges Analysis guide is provided on page 28. The Strengths, Weaknesses, Opportunities and Challenges Analysis identifies and details: /: • Strengths of the county or region and how they relate to broadband expansion. • Weaknesses of the county or region and how they challenge broadband expansion. • Opportunities identified by the Local Technology Planning Team, how they can contribute to broadband expansion. • Challenges identified by the Local Technology Planning Team and mechanisms needed to address these challenges. Following the Strengths, Weaknesses, Opportunities and Challenges Analysis, the Local Technology Planning Team should complete a Broadband Planning Inventory for the county or region, which can be found on page 29. After the aggregate demand survey has been completed, the Local Technology Planning Team needs to assess the results against the existing broadband infrastructure. The results should indicate areas where the existing infrastructure is inadequate to meet the demand in terms of capacity and capability. Step 7: Engage Local Internet Service Provide In this step, partners such as local broadband providers should be asked to present their ideas and solutions to address gaps identified in the aggregate demand study. Best practices should be discussed regarding both availability and demand, with examples given from within the county, region, around the state, and across the country. Providers should assist with brainstorming as to how each industry sector or area can address challenges and meet Florida's transformative goal of increasing the availability and accessibility of broadband throughout the state. The Local Technology Planning Team should stimulate discussion by asking questions and take notes and summarize recommendations to utilize during Step 8. 6tep 8: Evaluate Solutions This step is intended to refine the options presented to the Local Technology Planning Team. The purpose is for the Local Technology Planning Team to develop a list of technologies and strategies to consider for the expansion of their broadband internet services and provide a summary of each to the Office of Broadband. The team should evaluate technology and service offering options as follows: • Note the "right" technologies and/or services based on key county or regional characteristics and needs. • Include short- and long-term considerations. • Consider the team's mission and areas of importance when evaluating potential options. 107 When evaluating technology options, the team can review data collected during the needs assessment, Strengths, Weaknesses, Opportunities and Challenges Analysis, and asset inventory to inform their decision. The "right fit" will vary based on objectives and needs, as well as other community - driven challenges. For example: • Is the terrain difficult? • Are residences or institutions consolidated in one area of the county or region, or spread out? • Do you really need to connect to each residence or would connections to schools, public safety institutions, and hospitals be a possible solution? • Are there existing providers who would consider building out the last -mile if you put in the middle -mile? Step 9: develop and Execute Solutiot During this step, the Local Technology Planning Team reviews the initial findings, priorities, potential goals and objectives, timelines, and resources needed. In this phase, several potential strategic directions and initiatives have been identified, reviewed, discussed, and then incorporated into the final summary. At this point, Local Technology Planning Teams should consider calling a county workshop or `town meeting' on the topic and share: • Key findings of the surveys and sector reports on broadband adoption/use; • Short- and long-term goals the Local Technology Planning Team has identified for each industry sector and the county and the specific benefits; and • The Local Technology Planning Team's draft concepts as to how to meet those goals with local service providers. The Local Technology Planning Team findings should include at minimum the following elements: 1. Introduction: a. Purpose of Planning Exercise b. County Overview 2. Key Assessment Findings: a. Community Survey b. Business Survey 1: c. Findings by Industry Sector d. Broadband Planning Inventory 3. Detailed Strengths, Weaknesses, Opportunity and Challenges (SWOC) Findings and Analysis (SWOC guide, page 28): The SWOC analysis is a strategic planning exercise that is designed to help identify broadband availability, accessibility, and adoption issues that will be considered high priority for development of strategic goals and objectives. a. Strengths of the county and how they relate to broadband goals. b. Weaknesses of the county and how they challenge broadband goals. c. Opportunities identified by the Local Technology Planning Team, how they support broadband goals, and how the county can take advantage of these opportunities. d. Challenges identified by the Local Technology Planning Team and mechanisms needed to address these challenges. 4. Strategic Direction(s): a. Short-, medium- and long-term objectives to boost broadband availability and adoption. b. County policies that could roll into state policies for residential, business, and anchor institutions encouraging: i. Availability ii. Adoption iii. Literacy and usage c. Short- and long-term action items d. Implementation Strategy 5. Financial, Human and Organizational Resource Considerations. a. State, federal, or private grants that the county or region could utilize for funding broadband projects b. Alternative funding sources identified by the team c. Private/public partnerships 6. Timelines and Benchmarks for Measuring Progress: a. Availability goals b. Adoption goals c. Usage goals 109 Members should meet with their respective industry sectors to share the Local Technology Planning Team's findings and how the objectives could impact each sector. The feasibility of the project is then considered. Local Technology Planning Team members can determine primary goals, followed by secondary and tertiary goals that would be desirable to the county/region over the long- term. By utilizing feedback on each sector addressed in the draft, members can appropriately amend the goals and objectives of their completed Toolkit. As part of this work, it is best to design a series of metrics so that progress in meeting the goals of the Toolkit can be measured over the next three to five years. This includes metrics for both residential and business adoption of broadband. Progress and monitoring timeline: Below is a proposed timeline for the projects outlined in the Broadband Planning Toolkit. This timeline shall serve as a guide to help Local Technology Planning Teams monitor and track their progress. Please keep in mind that the Broadband Planning Process is meant to be an ongoing long-term effort that will result in continuous discussions at the local level. Submission of Survey Findings Report March 21, 2022 Submission of Toolkit Findings Report April 7, 2022 Once the members of the Local Technology Planning Teams have completed the Toolkit, they can then create a strategy for future monitoring in order to ensure the Toolkit is followed and effectively executed. The initial planning process will then be completed. However, the Local Technology Planning Team's Toolkit is intended to be a dynamic document, updated as progress is 110 Toolkit Feedback due to DEO October 15, 2021 Report Local Technology Planning November 30, 2021 Team Member Recommendations First Team Meeting January 31, 2022 Implement Community & February 15, 2022 Business Survey ................... SWOC Analysis February 15, 2022 Survey Progress Report February 28, 2022 Survey Closure March 14, 2022 Broadband Planning Inventory March 14, 2022 Submission of Survey Findings Report March 21, 2022 Submission of Toolkit Findings Report April 7, 2022 Once the members of the Local Technology Planning Teams have completed the Toolkit, they can then create a strategy for future monitoring in order to ensure the Toolkit is followed and effectively executed. The initial planning process will then be completed. However, the Local Technology Planning Team's Toolkit is intended to be a dynamic document, updated as progress is 110 made in broadband deployment projects. The final step is to submit the Toolkit, summaries, and any additional data collected to the Office of Broadband. 111 Local Technology Planning Team Resources Broadband Terms to Know Backbone — The part of a communications network that acts like the central nervous system; a central hub from which all parts of the network extend. Backhaul — A terrestrial communications channel linking an earth station antenna to a local switching network or population center. Broadband — As defined by the National Telecommunications and Information Administration, broadband describes always -on, high-speed Internet access. Cable Modem — Enables cable operators to provide broadband using the same coaxial cables that deliver pictures and sound to your television set. Most are external devices with two connections: one to the cable wall outlet, the other to a computer. They provide transmission speeds of 30 Mbps download and 1 Mbps upload, up to 100 Mbps download and 10 Mbps upload. Cellular — A mobile communications system that uses a combination of radio transmission and conventional telephone switching to permit telephone communications to and from mobile users within a specified area. Community Anchor Institutions — A public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, a public housing agency, a community college, an institution of higher education, a religious organization, or any other community support organization or agency. Contention Ratio — The number of subscribers that are sharing the connection at the same time. Dig Once Policy - The installation of accessible, buried conduits during various infrastructure projects to enable providers to affordably install fiber with ease by running it through available conduits at a later time. DSL (Digital Subscriber Line) — Wireline transmission technology that transmits data faster than dial-up over traditional copper telephone lines already installed to homes and businesses. DSL -based broadband provides transmission speeds ranging from several hundred Kbps to Mbps. Fiber (Fiber Optic Cable) — A technology that converts electrical signals carrying data to light and sends the light through transparent glass fibers about the diameter of a human hair. Fiber optic transmits data at speeds far exceeding current DSL or cable modem speeds. 112 ISP — Internet service provider. Last Mile — The actual portion of a network that provides broadband service to end users such as households, businesses, community anchor institutions, public safety entities, etc. Latency — A way to measure speed (ping time). An analogy is Broadband, aka bandwidth, which is how wide or narrow a pipe is. Latency is how fast content moves from one end to the other in the pipe. Latency is measured in milliseconds; the lower the latency the faster. LEO — Low Earth Orbit; An Earth -centered orbit relatively close to the planet; LEO is used to support satellite infrastructure for telecommunications or broadband. LTE — Long Term Evolution; A 4G wireless broadband technology that provides speeds up to 100 Mbps download and 30 Mbps upload. Middle Mile — Network infrastructure that does not deliver services to customers, but which provides for interoffice transport, backhaul, connectivity, or special access to service providers. NBAM — National Broadband Availability Map; NTIA received funding from Congress in 2018 to update the NBAM in coordination with the Federal Communications Commission. Congress directed NTIA to acquire and utilize data from available third -party datasets. NTIA built upon existing partnerships with states and local governments to identify data from state, local and tribal governments, owners and operators of broadband networks, educational institutions, nonprofits, and cooperatives to create the map. Learn more about the map at https://broadbandusa.ntia.doc.gov/resources/data-and-mapping. Satellite — Wireless broadband typically used in remote or sparsely populated areas with variations in speed and availability based on satellite angle, terrain, and weather considerations. Spectrum — The range of electromagnetic radio frequencies used in the transmission of sound, data and television. Technology Neutrality — The freedom to select and utilize technologies based on the unique needs and requirements of individuals, businesses or organizations. Underserved Area — A geographic area of the state in which there is no provider of broadband Internet service that offers a connection to the Internet with a capacity for transmission at a consistent speed of at least 100 megabits per second downstream and at least 10 megabits per second upstream. 113 Unserved Area — A geographic area of this state (Florida) in which there is no provider of broadband Internet service. Wireless — Connects a home or business to the Internet using an over -the -air radio link between the customer and the service provider's facility. Wireless broadband can be mobile or fixed. 5G — 51h generation wireless telecommunications standards usually associated with network speeds of up to 1 gigabit per second or more. Talking Speed in Bits: Bandwidth — Amount of spectrum to transmit signals without distortion or loss of data. Bit — smallest unit of digital information. bps — Bits per second (notice the lowercase "b'). Byte — 8 bits. Bps — Bytes per second (notice the capital `B'). Kbps — Kilobits per second (1000 bits per second). Mbps — Megabits per second (1 million bits per second). Gbps — Gigabits per second (1 billion bits per second). Tbps — Terabits per second (1 trillion bits per second). Then there are the "bands": C -band — Frequency band with uplink 5.925-6.425 GHz, downlink 3.7-4.2 GHz. The C - band is primarily used for voice and data communications as well as backhauling. Ka Band — Frequency band with uplink 26.5-40GHz; downlink 18-20 GHZ, this band is primarily used for two-way consumer broadband. Ku Band — Frequency band with uplink 14 GHz; downlink 10.9-12.75 GHz, with more powerful transmission from the satellite; more susceptible to rain fade than C -Band. L -Band — Frequency band from 1 to 2 GHz, this band is the result of the down -conversion of the received downlink satellite signal from the LNB. X -Band — Frequency band with uplink 7.9- 8.4 GHz, downlink 7.25 — 7.75 GHz, this band is primarily used for military communications and Wideband Global Satcom (WGS) systems. 114 Guide: Strengths, Weaknesses, Opportunities and Challenges Analysis Broadband Planning includes significant review and evaluation of the existing and potential broadband environment, including the identified needs and contributing factors. Part of the evaluation is a Strengths, Weaknesses, Opportunity and Challenges Analysis. This analysis is a strategic planning exercise that is designed to help identify broadband availability, accessibility, and adoption issues that will be considered high priority for development of strategic goals and objectives. Once identified, the goals and objectives should provide for planning initiatives that: • Take full advantage of identified strengths and leverage existing resources for cost savings. • Target historic weaknesses to strengthen broadband backbone and middle mile infrastructure. • Identify opportunities in growth areas and anticipate your area's needs for future projects. • Provide cost effective solutions to challenges for infrastructure installation and deployment. Before beginning the analysis, it is important to understand the elements that create the analysis: Strengths — Broadband -related systems, practices, processes, and resources that are highly valued by broadband stakeholders within the county/region. For example, the Local Technology Planning Team may identify areas of strength such as the level of coverage throughout the county, excellent levels of speed, and a number of providers and pricing valued by residential, business, and institutional users of broadband. Weaknesses — Areas that need improvement and areas that tend to compromise the achievement of high levels of availability and adoption due to physical geography or demographic factors. Assessments should also examine available bandwidth and the cost of broadband service to residential, business, and institutional users. Where are costs highest? Opportunities — Favorable situations that may positively impact the development and adoption of broadband in each sector. These may include proximity of a broadband providers' infrastructure to underserved areas and an examination of how emerging technologies or inexpensive network solutions could provide for broadband expansion in each sector of a county. — Present and future circumstances that negatively impact broadband development and acceptance. This may include population density, physical geography, 115 or socio-economic and computer/internet literacy issues among various demographic groups. The Local Technology Planning Team members should pursue the analysis at their second sector or group meeting, following completion of the needs assessment. The analysis can help provide a solid basis for identifying achievable broadband goals and objectives at the local level and ultimately for the region and its sectors. In addition, this process may help maximize grant funding efforts by providing the basis for a prioritization of tasks during the installation phase. Broadband Planning Inventories 1. Take inventory of Physical Facilities and Community Resources across both the private and public sector that are available to support broadband deployment: • Fiber: o Existing private or public sector conduits. o Abandoned gas -lines. o Electric plant trench with available conduit. o Telephone poles (if you have rights to use them). o Traffic signal fiber. o Supervisory control and data acquisition (SCADA) systems for water, pumps lift, etc. o Institutional networks. o Telecommunications routes with available conduit. o Railroad routes. o Abandoned water mains. o Abandoned sewers or storm drains. o Streetlight conduit. o Shared conduit with telecommunication providers. • Wireless: o Water towers owned by the city or other entity. o Public and private buildings with roof top space for antennas. o Existing cell towers. o Streetlight poles may be used for small cell devices. o Easements for new placement of small poles, may be used for small cell deployment. Z. Inventory of Projects and Processes to facilitate lower cost for broadband deployment: • Is there a "Dig Once" policy in effect? • Align broadband planning with the schedule and location of other public works projects. 116 • Streamline local permitting processes. • Understand the processes of other right of way (ROW) providers (e.g., rail roads) or pole owners. 3. Inventory of Land and Space: • Plots of local land suitable for node locations. • Inside space of government buildings for hub locations. • NOC or data center space. • Existing wireless sites. • Space for Wi-Fi access points. 4. Inventory of Service Sectors and Geographic Areas in the Community: • Business license data by industry code. • Land use plan and circulation element. • City, state, and federal facilities. • Education buildings and campuses. • Medical facilities. • Business Improvement Districts. • Tax Increment Finance Districts. • Industrial parks. 5. Inventory of Personal Computer Centers and Adoption Programs: • Digital literacy programs or courses. • Public and private technology centers or work centers. • Workforce Development Program/Office. 117 Questions for Focused Meeting Discussion, 1. How do you use the internet or other network services at your organization? 2. Thinking about the work that you have done over the last year, were there instances when your Internet or broadband service or internet service provider made a difference in whether those projects were successful or not? 3. Think about the times when you have not had enough broadband availability, or there have been other issues surrounding broadband, that have caused problems in completing a project or making a connection that was needed. Have you attempted and then failed at recent initiatives, or simply weren't able to participate or launch a program or service, because you didn't have enough broadband service, capacity, or other related features to launch the program or service with confidence? 4. What are key applications or business uses on a day to day basis where your organization needs efficient and reliable broadband services in the county/region? 5. How do you see potential broadband needs in the future related to your organization? 6. How important is this issue to your county/region? 7. If you were creating a list of priorities for your county/region, where would you rank addressing the problem of broadband capacity? First, fifth, tenth—not on the list? 8. Is there anything else that you would like to say about broadband, or high-speed Internet service in the county or region? 9. Who in the county or region uses broadband? If people are not using broadband, why not? What are the barriers? 10. Where are people when they go online (e.g., the library, at home) and what equipment do they use (e.g., a home computer, smartphone, a computer center)? 11. Is the existing broadband service and capacity sufficient for residents? 12. Do local businesses and institutions have access to high-speed broadband? How does this county or region compare to similar areas? 13. Do schools, libraries, hospitals and other institutions have access to sufficient bandwidth? Is the capacity adequate to access online multimedia materials, provide e -health services or online education? 14. Who are the innovators in the county or region? Where are they located? Do they have the connections necessary to create and share their ideas? Education? Arts am and culture? Civic applications? New businesses? How will improving broadband access and service affect economic development? 15. Do significant groups of constituents lack certain digital skills or broadband service? 16. Do existing networks and broadband speeds need to be upgraded? 17. Do business owners express concern that they cannot find workers with the right skills? What training is needed to meet the needs of employers or business start- ups? 119 Community Survey"' Purpose This survey is part of [county/region name] Local Technology Planning Team's Broadband Initiative to determine the Internet/broadband needs for all residents of [county/region name]. The primary goal is to identify unserved and underserved areas and work to determine a strategy for increasing the availability and accessibility of broadband internet services in [county/region name]. Please have a person in your household who is 18 years or older and makes household decisions about technology or the internet complete the survey. Terms of Use and Privacy Statement By participating in this survey, you are agreeing that [county/region name] and representatives from your Local Technology Planning Team, established by the Department of Economic Opportunity, may seek to contact you to follow up on your service needs. Results will be shared with community planners in an effort to identify service solutions. Therefore, your address in the beginning demographic section is critical to identifying unserved and underserved areas. No identifying information will be published. This data is strictly for use by your Local Technology Planning Team and the Florida Department of Economic Opportunity's Office of Broadband. We invite all [county/region name] residents to complete this survey by [date survey closes]. For more information on this survey, please call [contact name] at [contact information]. Thank you in advance for your time. Name: Address: City: County: Is this a home-based business? ❑ Yes ❑ No Zip: If no, would you be able to work from home if you had better technology? ❑ Yes ❑ No 1. Do you currently have internet access at home? ❑ Yes, I pay a monthly subscription for Internet. ❑ Yes, I have access but do not pay for a subscription. 120 ❑ No, I do not have access. (Skip to Question 4.) 2. How do you access the internet at home? (Check all that apply.) ❑ Cellular Data Plan ❑ Digital Subscriber Line (DSL) ❑ Cable Modem ❑ Fiber -Optic ❑ Fixed Wireless ❑ Satellite Internet Service ❑ Dial-up ❑ Not Sure 3. How satisfied are you with your current internet access? ❑ Unsatisfied ❑ Somewhat Unsatisfied ❑ Not Sure ❑ Somewhat Satisfied ❑ Satisfied 4. What is the main reason you do not currently have internet access in your home? ❑ Don't See the Need for It ❑ Not Available in My Area ❑ Internet Too Slow ❑ My Device Does Not Connect ❑ Too Expensive ❑ 1 use the Internet Somewhere Else ❑ Concerns About Online Privacy ❑ Other (Please Specify) 5. Please identify the digital devices you could use to access the internet from your home. 121 (Check all that apply.) ❑ Smart Phone ❑ Desktop ❑ Laptop ❑ Tablet/E-Reader (e.g., Kindle, Ipad, etc.) ❑ Smart TV (e.g., Android TV, Samsung Smart Hub, etc.) ❑ Streaming Device (e.g., Chromecast, Apple TV, etc.) ❑ Gaming System (e.g., XBOX, Playstation, Wii, etc.) ❑ Other 6. Please indicate your desired Internet speed for your home. ❑ Basic Internet... staying connected, basic email, simple web browsing, downloading video, etc. (768 Kbps to 1.5 Mbps download speed) ❑ Typical Internet... remote monitoring (e.g., measuring vital signs), basic telecommuting (work at home), streaming video or music (YouTube, Netflix, Spotify, etc.), complex web browsing, online education/classes, medium-size file/image sharing, etc. (1. 5 Mbps to 4 Mbps download speed) ❑ Enhanced Internet... online gaming, large -size file/image sharing, remote medical diagnosis, basic medical record sharing, remote education (between two or more educational sites), etc. f4 Mbps to 10 Mbps download speed} ❑ Premium Internet... complex telemedicine (e.g. sharing/downloading medical images), complex education services, complex gaming, complex telecommuting, high quality telepresence/video conferencing (10 Mbps to 100 Mbps download speed) ❑ Advanced Internet... high definition telemedicine, multiple interactive education service, etc. f100 Mbps — 1 Gbps download speed) ❑ Do not know 7. What do you pay monthly for your service? ❑ Less than $50 per month ❑ Between $50 and $75 per month 122 ❑ Between $76 and $100 per month ❑ Over $250 ❑ Between $101 and $150 per month ❑ Do Not Know ❑ Between $151 and $250 per month 8. What download speed do you purchase from your internet service provider? ❑ Less than 1 megabit per second ❑ 10.1 Mbps — 25 Mbps (Mbps) ❑ 25.1 Mbps — 50 Mbps ❑ 1 Mbps — 2.5 Mbps ❑ 50.1 Mbps — 100 Mbps ❑ 2.6 Mbps — 5 Mbps ❑ Over 100 Mbps ❑ 5.1 Mbps —10 Mbps ❑ Do Not Know 9. What upload speed do you purchase from your internet service provider? ❑ Less than 1 megabit per second (Mbps) ❑ 1 Mbps — 2.5 Mbps ❑ 2.6 Mbps — 5 Mbps ❑ 5.1 Mbps — 10 Mbps ❑ 10.1 Mbps — 25 Mbps ❑ 25.1 Mbps — 50 Mbps ❑ 50.1 Mbps —100 Mbps ❑ Over 100 Mbps ❑ Do Not Know 10. Please indicate the age range of primary users of internet service at your home. (check all that apply.) ❑ Adult(s) Ages 19-25 ❑ Adult(s) Ages 26-45 ❑ Adult(s) Ages 46-65 ❑ Adult(s) Ages 66 and older ❑ School Age Child(ren) - K -8th grade ❑ High School Age Child(ren) - 9th - 12th grade ❑ Do Not Know 123 11. Would a member or members of this residence take online classes if sufficient high- speed internet service were available and affordable? ❑ Yes ❑ No 124 Business Survey Purpose This survey is part of [county/region name] Local Technology Planning Team's Broadband Initiative to determine the Internet/broadband needs for all businesses within [county/region name]. The primary goal is to identify unserved and underserved areas and work to determine a strategy for increasing the availability and accessibility of broadband internet services in [county/region name]. Please have an employee who is 18 years or older and makes decisions about technology or the Internet complete the survey. Terms of Use and Privacy Statement By participating in this survey, you are agreeing that [county/region name] and representatives from your Local Technology Planning Team, established by the Florida Office of Broadband, may seek to contact you to follow up on your service needs. Results will be shared with community planners in an effort to identify service solutions. Therefore, your address in the beginning demographic section is critical to identifying unserved and underserved areas. No identifying information will be published, this data is strictly for use by your Local Technology Planning Team and the Florida Department of Economic Opportunity's Office of Broadband. We invite all [county/region name] residents to complete this survey by [date survey closes]. For more information on this survey, please call [contact name] at [contact information]. Thank you in advance for your time. Business Name: Address: City: County: Zip: Is this a home-based business? ❑ Yes ❑ No If no, would you be able to work from home if you had better technology? ❑ Yes ❑ No 1. What business/industry sector does your company serve? ❑ Internet Service Provider ❑ Technology/Software Development 125 ❑ Agriculture ❑ Printing ❑ Broadcasting ❑ Digital Design ❑ Advertising ❑ Engineering ❑ Healthcare ❑ Law ❑ Finance/Accounting ❑ Real Estate ❑ Trucking/Transportation ❑ Manufacturing ❑ Tourism ❑ Retail/Food Service ❑ Natural Resources ❑ Construction ❑ Other (please specify) 2. How many employees does your business have? ❑ None ❑ 16-50 ❑ 1-5 ❑ 51-100 ❑ 6-15 ❑ 101-500 3. Does your business currently have internet access? ❑ Yes, I pay a monthly subscription for Internet. ❑ Yes, I have access but do not pay for a subscription. ❑ No, I do not have access. ❑ 500+ 4. How do you and your employees access the internet at work? (Check all that apply.) ❑ Cellular Data Plan ❑ Digital Subscriber Line (DSL) ❑ Cable Modem ❑ Fiber -Optic ❑ Fixed Wireless ❑ Satellite Internet Service ❑ Dial-up ❑ Not Sure 126 5. Based on the type of Internet connection you selected above, why do you still have it? (select all that apply) ❑ Too Expensive to Change ❑ Best Price Available ❑ Not Interested in Changing ❑ No Other Options ❑ Most Reliable Service Available ❑ Limited Other Options 6. How satisfied are you with your current internet access? ❑ Unsatisfied ❑ Somewhat Unsatisfied ❑ Not Sure ❑ Somewhat Satisfied ❑ Satisfied 7. What is the main reason you do not currently have Internet access at your business? ❑ Don't See the Need for It ❑ Not Available in My Area ❑ Internet is Too Slow ❑ My Device Does Not Connect ❑ Too Expensive ❑ I use the Internet Somewhere Else ❑ Concerns About Online Privacy ❑ Other (Please Specify) 127 8. Please identify the digital devices that you could access the internet with from your business. (Check all that apply.) ❑ Smart Phone ❑ Desktop ❑ Laptop ❑ Tablet/E-Reader (e.g., Kindle, iPad, etc.) ❑ Smart TV (e.g., Android TV, Samsung Smart Hub, etc.) ❑ Streaming Device (e.g., Roku, Chromecast, Apple TV, etc.) ❑ Gaming System (e.g., XBOX, PlayStation, Wii, etc.) ❑ Other 9. Please indicate your desired internet speed for your business. ❑ Basic Internet... staying connected, basic email, simple web browsing, downloading video, etc. (768 Kbps to 1.5 Mbps download speed) ❑ Typical Internet... remote monitoring (e.g., measuring vital signs), basic telecommuting (work at home), streaming video or music (YouTube, Netflix, Spotify, etc.), complex web browsing, online education/classes, medium-size file/image sharing, etc. (1.5 Mbps to 4 Mbps download speed} ❑ Enhanced Internet... online gaming, large -size file/image sharing, remote medical diagnosis, basic medical record sharing, remote education (between two or more educational sites), etc. (4 Mbps to 10 Mbps download speed} ❑ Premium Internet..complex telemedicine (e.g. sharing/downloading medical images), complex education services, complex gaming, complex telecommuting, high quality telepresence/video conferencing (10 Mbps to 100 Mbps download speed) ❑ Advanced Internet... high definition telemedicine, multiple interactive education service, etc. (100 Mbps — 1 Gbps download speed) ❑ Do not know 128 10. What do you pay monthly for your service? ❑ Less than $50 per month ❑ Between $50 and $75 per month ❑ Between $76 and $100 per month ❑ Between $101 and $150 per month ❑ Between $151 and $250 per month ❑ More Than $250 ❑ Do Not Know 11. What download speed do you purchase from your internet service provider? ❑ Less than 1 Mbps ❑ 25.1 Mbps — 50 Mbps ❑ 1 Mbps — 2.5 Mbps ❑ 50.1 Mbps — 100 Mbps ❑ 2.6 Mbps — 5 Mbps ❑ More Than 100 Mbps ❑ 5.1 Mbps — 10 Mbps ❑ Do Not Know ❑ 10.1 Mbps — 25 Mbps 12. What upload speed do you purchase from your internet service provider? ❑ Less than 1 Mbps ❑ 1 Mbps — 2.5 Mbps ❑ 2.6 Mbps — 5 Mbps ❑ 5.1 Mbps — 10 Mbps ❑ 10.1 Mbps — 25 Mbps ❑ 25.1 Mbps — 50 Mbps ❑ 50.1 Mbps — 100 Mbps ❑ Over 100 Mbps ❑ Do Not Know 13. What business practices/applications do you require an internet connection to complete? (select all that apply) ❑ Training ❑ Voice Over Internet Protocol or ❑ Email Internet Phone (Vonage, Skype, etc.) ❑ Communication Between ❑ Offer Free Wifi Service to Downtown Headquarters and Remote Sites Shoppers and Visitors ❑ Online Backup (files, photos, music, company data) 129 ❑ Transfer Large Files ❑ Monitor/ Control Security, Alarms, Health, Processes, etc. ❑ Processing Credit Card / Debit Card Transactions ❑ Ordering / Managing Inventory ❑ Social Media (Facebook, Linkedln, Twitter, Instagram) ❑ Receiving and Processing Online Orders ❑ Cloud -Based Business, Accounting or Other Services ❑ Maintaining A Web Presence, Blog ❑ Video Teleconferencing ❑ Other W11 Local Technology Planning Teams SWOC Analysis - Template (Strengths, Weaknesses, Opportunities, and Challenges) [List County/Region Name] Strengths Weaknesses List broadband -related systems, practices, List areas that need improvement and areas that tend processes, and resources that are highly valued by to compromise the achievement of high levels of broadband stakeholders within the county/region. broadband availability and adoption due to physical geography or demographic factors. Opportunities Challenges List favorable situations that may positively impact the List present and future circumstances that negatively development and adoption of broadband in each impact broadband development and acceptance. sector. Refer to the SWOC Analysis Guide in the Toolkit for additional information and examples of Strengths, Weaknesses, Opportunities, and Challenges to include in your analysis. 131 Broadband Planning Inventory - Template Note: This document serves as a template for broadband planning inventory and may be updated to fit the needs of the county/region represented by the Local Technology Planning Teams. [List County/Region Name] Physical Facilities and Community Resources (Take inventory of Physical Facilities and Community Resources across both the private and public sector that are available to support broadband de to ment Asset Description Physical Location Quantity Notes Fiber: Existing private or j public sector conduits Abandoned gas -lines i Electric plant trench with available conduit Telephone poles (if you E have rights to use them) Traffic signal fiber _ Supervisory control and `s, data acquisition (SCADA) systems for water, pumps lift, etc. Institutional networks Telecommunications routes with available conduit Railroad routes Abandoned water mains Abandoned sewers or s storm drains Streetlight conduit Shared conduit with telecommunication providers Wireless: Water towers owned by the city or other entity Public and private buildaings with roof top s ce for antennas Existing cell towers Streetlight poles may be used for small cell devices 45 I 132 Easements for new placement of small poles, may be used for small cell deployment Projects and Processes (List inventory of Projects and Processes to facilitate lower cost for broaa Asset Description Is there a "Dig Once" policy in effect? Align broadband planning with the schedule and location of other public works Streamline local permining processes Understand the processes of other right of way (ROW) providers (e.g., rail roads) or pole owners 46 133 Broadband Planning Invent Land and Space (List inventory of Land and Space) Asset Physical Location Quantity Notes Description Plots of local land suitable for node locations Inside space of government buildings for hub locations NOC or data centers ace Existing wireless sites Space for Wi- Fi access points Service Sectors and Geographic Areas in the Community (List inventory of Service Sectors and Geographic Areas in the Communitv) Asset Physical Location Quantity Notes Description Business license data by industry code Land use plan and circulation element City, state, and federal facilities Education buildings and campuses Medical facilities :m 134 Business Physical Location Quantity Notes Improvement Districts Tax Increment Finance Districts Industrial arks Broadband Planning Inventory Personal Computer Centers and Adoption Programs (List inventory of Personal Comnuter Centers and Adnntinn Prnarams) Asset Physical Location Quantity Notes Description Digital literacy programs or courses Public and private technology centers or work centers Workforce Development Program/Office 48 135 National Telecommunications and Information Administration — BroadbandUSA. Tony Simental and the West Virginia Department of Economic Development. North Carolina Department of Information Technology (NCDIT), Broadband Infrastructure Office. 49 136 11g County Administrator's Matters November 8, 2022 Office of the INDIAN RIVER COUNTY �* ORtDADMINISTRATOR �� Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: November 1, 2022 SUBJECT: Interim County Administrator Per Board direction at the November 1, 2022 County Commission Meeting, staff is asking for the Board to continue discussion regarding selection of an interim county administrator. 137 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME— IDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION,, AUTHORITY, OR COMMITTEE 0 �- iVi G✓� V ALV` Ml�1��o'Qr3 MAILING ADD S THE BOARD, COUNCIL, COMMI ON, AUTHORITY OR C ITTEE ON �- \zl WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑ CITY 14COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: `� I �I ZZ W ELECTIVE O APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, �Q—"**-C/� , �� R�'iA� hereby disclose that on Ny�,p�...�� 20 ZZ: (a ) A rr}easure came or will come before my agency which (check one or more) 7Inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my rel inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. /t%a✓ ff, ZOZ,2. Date Filed jk Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation lay► Date: October 27, 2022 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director Parks & Recreation From: Wendy Swindell, Conservation Lands Manager Subject: Archie Smith Fish House Pavilion Construction & Demolition of the Archie Smith House — Consideration of Proposal Provided By Gordian Work Order 108272.00; EZIQCF Contract No.: FL-RI0-GCll-111821-JLC BACKGROUND In 2007, the Board of County Commissioners purchased the historic Archie Smith Fish House for $1.7M as part of the County's environmental lands program process. Though an application was made to the Florida Communities Trust, grant funding toward the purchase price was not approved. The subject waterfront property, listed on the National Register of Historic Places, consists of approximately 1. 15 acres located at 1740 North Indian River Drive within the northern city limits of Sebastian. Structures on the Archie Smith Fish House property consist of the Main (principal) House, a rebuilt overlook and, until recently, the Ice House (over -water original structure historically used to store ice). When the County acquired the property in 2007, conceptual plans were to open the site to the public by rehabilitating the Main House for use as a small museumtvisitor center, repairing the dock and providing boating access, and restoring the Ice House. In 2012, County staff applied for a grant with the Florida Department of State, Division of Historical Resources (DHR) that would be the first step in implementing the conceptual plan. The grant was subsequently awarded to the County and on October 22, 2013, the Board approved the cost -share Historic Preservation Grant (S 1429) for the Archie Smith Fish House Restoration which included: • Facilities analysis and structural evaluation • Research and documentation of the history of the structure(s) • Development of as -built drawings • Development of detailed restoration plans • Development of detailed construction drawings and bid specifications • Preparation of permit applications and necessary approvals In February 2014, staff released an RFQ to complete the Professional Architectural and Engineering Services for the Archie Smith Fish House property. In April 2014, Atelier (the only firm to respond to the RFQ) was awarded a consulting services agreement by the Board, in the amount of $99,000.00 for they 138 planning, engineering/architectural design of the Archie Smith Fish House (site) to include written evaluation and recommendation statement of findings for consideration of the Board. Funding for this work was provided through the approved DHR grant with a 50% match by the County. The plans were completed, and the grant award requirements were met in the Fall of 2014. On May 12, 2015, the Board approved Resolution No. 2015-60, committing to use $241,600 in Boating Improvement Funds as the County's match toward the estimated total cost of $483,200 for the dock restoration associated with Florida Inland Navigation District (FIND) grant application through the Waterways Assistance Program. The FIND funding provided in the award received was $100,000, thus requiring that the scope of work to be reduced to only the reconstruction of the dock (less the floating docks as originally submitted in the FIND application). Based on this funding, the County solicited bids for the reconstruction of the dock. On June 19, 2018, the Board approved an award of $186,925.00 to Indian River Docks, LLC, to complete the work to reconstruct the dock. As the project progressed, additional work was deemed necessary, and an additional change order was issued in the amount of $19,178.90 bringing the total cost of the project to $206,103.90. Following storms in 2016 and 2017, County staff have worked to stabilize the structures on the site by shoring up the buildings by stabilizing siding, and repairing holes in the roofing. Portions of the drying racks were also removed to reduce the potential for flying debris. In 2019, County staff applied for a DHR Grant to include the restoration of the Ice House (per the Atelier plans). The DHR grant application request in the amount of $147,121 was not funded. Partial funding of this portion of the project was provided in the County's approved Capital Improvement Element of the Comprehensive Plan, however, costs and constructability issues associated with the design prevented progress toward reconstruction/renovation. Since 2020, County staff made several attempts to stabilize the structures and protect them from further deterioration while future actions could be determined. On December 12, 2021, staff received calls from guests of the neighboring Captain Butcher's restaurant regarding the collapse of the concrete floor of the Ice House. Upon investigation, and during subsequent days following December 12th, the concrete floor and walls continued to collapse into the Indian River Lagoon creating floating debris hazards. As time was of the essence, staff contacted the general contractor who had completed the work associated with the Atelier plans for the dock restoration/renovation project, and asked for assistance in containing the debris and an assessment of the structure's condition. Upon review by the general contractor, the Indian River County Public Works Director, and Parks and Conservation Lands staff, it was determined that the building posed safety hazards to the existing reconstructed dock, as well as to curious boaters and others who might try to access the building. Photographs and records documenting the collapsing structure and exterior leaning building were sent to the Florida Department of Environmental Protection prior to work commencing on the demolition of the structure. In early February, a turbidity curtain was installed under an emergency purchase order, and the general contractor began working on necessary permits required by the City of Sebastian for the demolition, which included asbestos and lead testing prior to initiating any work. On March 14, 2022, the Archie Smith Ice House was demolished under an emergency purchase order issued to the general contractor. Further evaluation and stabilization of the Main House would be needed as its condition continues to deteriorate under environmental conditions. On April 19, 2022 the Board provide provided direction to staff regarding how to proceed with the site, as the public dock is not accessible due to a lack of a railing system in the area where the Ice House was previously located. Staff further requested direction on April 19, 2022 as to the Main House structure and its worsening state. The Board directed staff to move forward with a plan to construct a covered pavilion within the footprint of the previous Ice House. The Board provided direction to identify costs associated with the demolition of the Archie Smith House. 2 139 DESCRIPTION AND CONDITIONS: On June 17, 2022 staff advertised for this work (RFP #2022066). Bids were due on July 13, 2022, however, no responses to the RFP were submitted. On July 15, 2022, staff reached out to Gordian to obtain a proposal to complete this work. Gordian has a job order contracting (JOC) agreement under the Sourcewell Cooperative, of which Indian River County is a member. This JOC is a competitively -awarded construction contract, for which an extensive catalog of work items are listed, and individual job orders developed for each individual project. Gordian has provided a proposal and schedule to complete this work, which will be completed by our local contractor under the agreement, Johnson-Laux Construction, LLC, which has been included as an Attachment. Gordian will coordinate the work between the County and Johnson-Laux. The work has been divided into two options: (1) Alternate 1 - the demolition of the house and installation of new fencing and gates; and (2) Base Bid - the construction of the over -water pavilion. The proposal includes a preliminary schedule of 182 days for completion of the work (excluding Holidays). The schedule is based on the date that Gordian receives written authorization from the County to proceed with the work. A description of work for each alternative is presented as follows: Alternate 1— Demolition of the Existing House 1. Removal of the existing fence 2. Removal of the existing piers in the lagoon 3. Asbestos testing of the house — any required abatement would be addressed pending results of testing. 4. Evaluation and sorting of existing building materials within the house to salvage materials suitable for future use (in the event future work can incorporate these materials for historical benefit) 5. Demolition and disposal of the existing house 6. Installation of new fencing and gate(s), to match the black chain link material used in on the balustrade of the existing pier. Proposal Cost for Alternate 1= $47,796.24 Base Bid — Design and Construction of a New Over -Water Pavilion 1. Design and engineering for new deck, foundation, and pavilion 2. New deck and pavilion to go in footprint of where the existing Ice House was located (approximately 21' x 31') • Light fixtures in the pavilion and light poles on the walkway are excluded • Painting is not included 3. New wood railing to match the existing railing Proposal Cost for Base Bid = $460,611.66 Total project Cost (Base Bid with Alternate Included) = $508,407.90 3 140 FUNDING Funding for the Archie Smith Fish House pavilion construction & demolition is budgeted and available in the Optional Sales Tax/Parks/Archie Smith Fish House Restoration account, number 31521072-066510-14004, in the amount of $291,892.75. Should the Board recommend award of the full proposal, the remaining $216,515.15 balance would be provided through a cash forward budget amendment to provide the full $508,407.90 funding. However, should the Board recommend demolition only, the full $47,796.24 is budgeted and available, as is. Option Account Name Account Number Amount Base Bid: Optional Sales Tax/Parks/Archie Smith Fish 31521072-066510- $508,407.90 Full Construction House Restoration 14004 Alternate 1: Optional Sales Tax/Parks/Archie Smith Fish 31521072-066510- $47,796.24 Demolition Only House Restoration 1 14004 STAFF RECOMMENDATION Staff respectfully requests that the Board provide direction to staff in regard to the work proposed in the Gordian proposal (Work Order 108272.00) which includes design and construction of an overwater pavilion and deck in place of the Ice House, and demolition of the existing Archie Smith house. Staff also recommends the Board authorize the Purchasing Manager to sign the final work order and scope of work, after approval by the Parks and Recreation Director, and verification of the pricing against the Sourcewell Contract. ATTACHMENT • Gordian Work Order 108272.00 — Archie Smith Fish House Pavilion/Demo APPROVED AGENDA ITEM FOR NOVEMBER 8.2022 4 141 Work Order Signature Document EZIQC Contract No.: FL-R10-GC11-111821-JLC New Work Order ❑ Modify an Existing Work Order Work Order Number.: 108272.00 Work Order Date: 10/27/2022 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Owner Name: Indian River County Contractor Name: Johnson-Laux Construction, LLC Contact: Beth Powell Contact: James Powell Phone: 772.226.1873 Phone: 407-453-2261 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No FL-R10-GC11-111821-JLC. Brief Work Order Description: Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 11 Will notapply: Work Order Firm Fixed Price: $508,407.90 Owner Purchase Order Number: Approvals Owner Date Contractor Work Order Signature Document "A'X-1 Date Page 1 of 1 1420/27/2022 �, Sou rcewel I :a Detailed Scope of Work To: James Powell From: Beth Powell Johnson-Laux Construction, LLC Indian River County 650 Garden Commerce Parkway 1801 27th St Winter Garden, FL 34787 Vero Beach, FL 32960 407-453-2261 772.226.1873 Date Printed: October 27, 2022 Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Brief Scope: Preliminary F-1 Revised ❑X Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see the attached Scope of Work. Subject to the terms and conditions of JOC Contract FL-R10-GC11-111821-JLC. Contractor Owner VdLC Scope of Work Page 1 of 1 1430/27/2022 Contractor's Price Proposal - Summary Date: October 27, 2022 Re: ICC Master Contract #: FL-R10-GC11-111821-JLC Work Order #: 108272.00 Owner PO #: Title: Indian River County - Archie Smith Fish House Pavilion / Demo Contractor: Johnson-Laux Construction, LLC Proposal Value: $508,407.90 Alternate $47,796.24 Base Bid $460,611.66 Proposal Total $508,407.90 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 1440/27/2022 Contractor's Price Proposal - Detail Date: October 27, 2022 Re: IQC Master Contract #: FL-RIO-GC11-111821-JLC Work Order #: 108272.00 Owner PO #: Title: Indian River County - Archie Smith Fish House Pavilion / Demo Contractor Johnson-Laux Construction, LLC Proposal Value: $508,407.90 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Alternate 1 01 22 23 00 0279 DAY 1,500 LB Capacity, 60' Wide, Skid -Steer Loader With Full -Time Operator $1,905.11 Quantity Unit Price Factor Total Installation 2.00 x 769.93 x 1.2372 = 1,905.11 material handling and fence pulling 2 01 22 23 00 0353 DAY 7/8 To 1 CY Hydraulic Excavator With Full -Time Operator $2,376.78 Quantity Unit Price Factor Total Installation 2.00 x 960.55 x 1.2372 = 2,376.78 excavation of the existing piers for the fish house 3 01 71 13 00 0002 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback $292.56 Flatbed Truckincludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc. Quantity Unit Price Factor Total Installation 100 x 236.47 x 12372 = 292.56 equipment delivery for the skid steer 4 01 71 13 00 0003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor $1,088.30 Trailer With Up To 53' Bedincludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, nor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc. Quantity Unit Price Factor Total Installation 1.00 x 879.65 x 12372 = 1,088.30 excavator mobilization 5 01 74 19 00 0031 CY Traditional Building Construction Materials Landfill Dump Fee $12,716.50 Quantity Unit Price Factor Total Installation 585.00 x 1757 x 1.2372 = 12,716.50 landfill dump fees. 1052 SF building footprint x 15' Height = 15780 CF ! 27 = 584.44 CY 6 01 74 19 00 0037 CYM Hauling On Paved Roads, First 15 Miles $9,119.40 Quantity Unit Price Factor Total Installation 8,775.00 x 084 x 1.2372 = 9,119.40 hauling of debris from demolition. 585 CY x 15 7 01 74 19 00 0038 CYM Hauling On Paved Roads, Miles Over Initial 15 Miles $2,062.72 Quantity Unit Price Factor Total Installation 2,925.00 x 057 x 1.2372 = 2,062.72 hauling of debris from demolition. 585 CY x 5 8 02 41 16 13 0018 CCF By Machine, Wood Frame Construction Building Demolition $4,165.63 Quantity Unit Price Factor Total Installation 158.00 x 2131 x 12372 = 4,165.63 demo of the fish house Contractor's Price Proposal - Detail Page 1 of 10 14,90127/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Alternate 9 02 41 16 13 0018 0004 MOD For Up To 500, Add $1,164.35 Quantity Unit Price Factor Total Installation 147.28 x 6.39 x 1.2372 = 1,164.35 10 02 41 16 13 0018 0010 MOD For Volume Of Area Within 15' To An Adjacent Building, Add $1,281.84 Quantity Unit Price Factor Total Installation 147.38 x 7.03 x 1.2372 1,281.84 11 02 41 16 13 0020 CCF Sorting Of Material Debris For Recycling Prior To Hauling Off $903.11 Quantity Unit Price Factor Total Installation 158.00 x 4.62 x 1.2372 903.11 salvaged siding and signage for reuse 12 02 41 16 13 0020 0004 MOD For Up To 500, Add $271.71 Quantity Unit Price Factor Total Installation 158.00 x 1.39 x 1.2372 271.71 13 02 41 16 13 0061 CF Concrete Footing For Fence, Gate Or Playground Equipment Post, Etc. $1,908.06 Demolitionlncludes excavation. Quantity Unit Price Factor Total Installation 189.00 x 8.16 x 1.2372 1,908.06 removal of the existing piers for the fish house 14 02 41 16 13 0061 0080 MOD For >135 To 405, Deduct -$166.02 Quantity Unit Price Factor Total Installation 189.00 x -0.71 x 1.2372 -166.02 15 02 41 19 13 0071 EA Saw Cut Minimum ChargeFor projects where the total saw cutting charge is $771.34 less than the minimum charge, use this task exclusively. This task should riot be used in conjunction with any other tasks in this section. Quantity Unit Price Factor Total Installation 1.00 x 623.46 x 1.2372 771.34 saw cut existing fence 16 02 41 19 13 0333 EA Core Drill Minimum ChargeFor projects where the total core drilling charge is $613.53 less than the minimum charge, use task 'Minimum Charge For Core Drilling' exclusively. Task "Minimum Charge For Core Drilling" should not be used in conjunction with any other tasks in this section. Does not apply to sections "Drilling In Concrete Per Inch Of Depth" or'Drilling In Brick Or Block Per Inch Of Depth". Quantity Unit Price Factor Total Installation 100 x 495.90 x 12372 = 613.53 core drilling for new fence posts 17 02 42 21 47 0005 SF Removal Of Wood Strip Flooring And Salvage $1,991.76 Quantity Unit Price Factor Total Installation 1,563.00 x 1.03 x 12372 = 1,991.76 salvaged siding and signage for reuse 18 02 82 13 00 0002 HR Certified Asbestos Air Sampling Technician For Bulk Sampling Or Air $1,480.78 Monitoring Quantity Unit Price Factor Total Installation 24.00 x 49.87 x 1.2372 = 1,480.78 asbestos technician and reporting 19 02 82 13 00 0003 EA 48 Hours Or Longer Turnaround, (Bulk Point Counting) PILM Test, Asbestos $335.23 Testing Quantity Unit Price Factor Total Installation= 6.00 x 45.16 x 12372 335.23 asbestos sampling Contractor's Price Proposal - Detail Page 2 of 10 1460/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Alternate 20 02 82 13 00 0006 EA 48 Hours Or Longer Turnaround, (Bulk) TEM Test, Asbestos Testing $1,074.95 Quantity Unit Price Factor Total Installation 6.00 x 144.81 x 12372 = 1,074.95 asbestos sampling 21 32 31 13 13 0023 VLF 4" Diameter, Concrete Fill For Post Hole $139.41 Quantity Unit Price Factor Total Installation 18.00 x 6.26 x 1.2372 = 139.41 concrete fill for new posts 22 32 31 13 13 0083 LF 2-1/2" Outside Diameter Galvanized Steel Post, 7' To 10' In Length $525.12 Quantity Unit Price Factor Total Installation 36.00 x 11.79 x 1.2372 525.12 new intermediate and end posts. 4 posts @ 9' 23 32 31 13 13 0083 0134 MOD For Each Top Rail Fitting, Add $60,13 Quantity Unit Price Factor Total Installation= 36.00 x 1.35 x 1.2372 60.13 24 32 31 13 13 0083 0150 MOD For Vinyl Coated, Add $248.97 Quantity Unit Price Factor Total Installation 36.00 x 5.59 x 12372 = 248.97 25 32 31 13 13 0090 LF 3" Outside Diameter Galvanized Steel Post, 7' To 10' In Length $370.79 Quantity Unit Price Factor Total Installation 18.00 x 16.65 x 1.2372 = 370.79 new terminal gate posts. 2 @ 9' 26 32 31 13 13 0090 0137 MOD For Each Top Rail Fitting, Add $4.58 Quantity Unit Price Factor Total Installation 2.00 x 1.85 x 1.2372 4.58 27 32 31 13 13 0090 0150 MOD For Vinyl Coated, Add $20.66 Quantity Unit Price Factor Total Installation 2.00 x 8.35 x 1.2372 20.66 28 32 31 13 13 0167 LF 1-5/8" Vinyl Coated Rail, 0.085" Wall Thickness, Tie Wires And Fittings $354.83 Quantity Unit Price Factor Total Installation= 40.00 x 7.17 x 1.2372 354.83 new top rail 29 32 31 13 13 0186 LF 6' Full Height Vinyl Coated Fabric Chain Link #9 Gauge Fused, 2' Mesh $714.11 Quantity Unit Price Factor Total Installation 40.00 x 14.43 x 1.2372 714.11 new fence fabric Subtotal for Alternate $47,796.24 Base Bid 30 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $5,610.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note' block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 5,100.00 x 1.00 x 1.1000 5,610.00 permit fee allowance Contractor's Price Proposal - Detail Page 3 of 10 1471012712022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 31 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $5,500.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note' block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 5,000.00 x 1.00 x 1.1000 5,500.00 longshoreman's insurance allowance as requested by owner. 32 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $2,750.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 2,500.00 x 1.00 x 1.1000 2,750.00 builders risk insurance allowance as requested by owner 33 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $3,960.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 3,600.00 x 1.00 x 1.1000 3•960•00 2% bond fee based upon contract value 34 01 22 20 00 0047 HR Senior Surveyor (Party Chief) $3,289.96 Quantity Unit Price Factor Total Installation 64.00 x 41.55 x 12372 = 3,289.96 topographic survey for the new dock and pavilion 35 01 22 20 00 0048 HR Surveyor (Instrument person) $2,768.95 Quantity Unit Price Factor Total Installation 64.00 x 34.97 x 12372 = 2,768.95 topographic survey for the new dock and pavilion 36 01 22 20 00 0049 HR Surveyor (Rod Person) $1,975.56 Quantity Unit Price Factor Total Installation= 64.00 x 24.95 x 1.2372 1,975.56 topographic survey for the new dock and pavilion 37 01 22 20 00 0055 HR Principal Architect $2,103.44 Quantity Unit Price Factor Total Installation 8.00 x 212.52 x 1.2372 2.103.44 stamped and sealed architectural drawings 38 01 22 20 000056 HR Senior Architect $3,706.06 Quantity Unit Price Factor Total Installation= 16.00 x 187.22 x 1.2372 3,706.06 design of new dock and pavilion 39 01 22 20 00 0057 HR Architect $4,244.29 Quantity Unit Price Factor Total Installation 24.00 x 142.94 x 12372 = 4,244.29 design of new dock and pavilion Contractor's Price Proposal - Detail Page 4 of 10 1480/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 40 01 22 20 00 0058 HR Principal Engineer $2,103.44 Quantity Unit Price Factor Total Installation 8.00 x 212.52 x 1.2372 = 2,103.44 stamped and sealed engineered structural drawings 41 01 22 20 00 0059 HR Senior Engineer $9,615.72 Quantity Unit Price Factor Total Installation 48.00 x 161.92 x 1.2372 9,615.72 engineering for new dock and pavilion 42 01 22 20 000059 HR Senior Engineer $1,602.62 Quantity Unit Price Factor Total Installation 8.00 x 161.92 x 1.2372 1,602.62 geotechnical evaluation 43 01 22 20 00 0061 HR Draft Person $4,544,78 Quantity Unit Price Factor Total Installation 4800 x 76.53 x 1.2372 4,544.78 drafting of new design drawings for teh dock and pavilion 44 01 22 23 00 0909 DAY 50' Deck Cargo Barge $1,059.55 Quantity Unit Price Factor Total Insulation 1.00 x 856.41 x 1.2372 1,059.55 barge to collect geotechnical sample 45 01 22 23 00 0910 DAY 90' Deck Cargo Barge $30,083.51 Quantity Unit Price Factor Total Insulation 20.00 x 1,215.79 x 1.2372 30,083.51 material cargo barge for the logistics of construction materials to the construction site 46 01 22 23 00 0913 DAY Barge Rental With Mounted Crane And Full-time Operatorincluding barge. $133,242.11 Quantity Unit Price Factor Total Installation 50.00 x 2,153.93 x 1.2372 133,242.11 constructing the new dock and pavilion from water. platform with equipment for material handling 47 01 45 23 00 0065 EA Standard Penetration With Split Spoon $51.27 Quantity Unit Price Factor Total Installation 2.00 x 20.72 x 1.2372 51.27 geotechnical sampling 48 01 45 23 00 0066 EA Split Spoon (Tripod) $95.69 Quantity Unit Price Factor Total Instal lation= 2.00 x 38.67 x 1.2372 95.69 geotechnical sampling 49 01 45 23 00 0188 HR Pile Driving Inspection4 hour minimum. $2,078.50 Quantity Unit Price Factor Total Installation 48.00 x 35.00 x 12372 = 2,078.50 pile inspection 50 01 45 29 00 0019 EA Soil Bearing Ratio, ASTM D1883 $910.21 Quantity Unit Price Factor Total Installation 2.00 x 367.85 x 1.2372 910.21 geotechnical sampling 51 01 45 29 00 0029 EA Permeability, ASTM D2434, Soil Borings Laboratory Test $805.89 Quantity Unit Price Factor Total Installation 2.00 x 325.69 x 1.2372 805.89 geotechnical sampling Contractor's Price Proposal - Detail Page 5 of 10 1490/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 52 01 45 29 00 0035 EA Classification Of Soil, ASTM D2487, Soil Borings Laboratory Test $214.90 Quantity Unit Price Factor Total Installation 2.00 x 86.85 x 1.2372 - 214.90 geotechnical sampling 53 01 74 19 00 0014 EA 20 CY Dumpster (3 Ton) "Construction Debris'Includes delivery of dumpster, $3,304.21 rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. Quantity Unit Price Factor Total Installation 4.00 x 667.68 x 12372 - 3,304.21 dumpster for construction waste 54 02 32 13 00 0002 EA Mobilization Of Drilling Crew $822,76 Quantity Unit Price Factor Total Installation 100 x 665.02 x 1.2372 822.76 geotechnical sampling 55 02 32 13 00 0004 LF Standard Auger Hole With Split Spoon Sample At 5' Intervals $743.43 Quantity Unit Price Factor Total Installation 30.00 x 20.03 x 1.2372 - 743.43 geotechnical sampling 56 02 41 13 15 0005 SF >6" To 8" Depth, Hydro Demolition, Using 40,000 PSI Water Jet $11,489.63 Quantity Unit Price Factor Total Installation 71000 x 1308 x 12372 - 11,489.63 jet pumping piles 57 05 05 23 00 1185 EA #10 Diameter x 2" Length, 304/18-8 Stainless Steel, Security Screw $7,514.51 Quantity Unit Price Factor Total Installation 2,292.00 x 2.65 x 1.2372 7,514.51 stainless steel screws for composite deck 58 05 05 23 00 1185 0197 MOD For >100, Deduct -$879.06 Quantity Unit Price Factor Total Installation 2,292.00 x -0.31 x 1.2372 -879.06 59 05 05 23 00 1361 EA 3/4" Diameter, 304 Stainless Steel Hex Nut $384.62 Quantity Unit Price Factor Total Installation 116.00 x 2.68 x 1.2372 384.62 nuts 60 05 05 23 00 1442 EA 3/4" Inside Diameter, 304/18-8 Stainless Steel Flat Washer $238.24 Quantity Unit Price Factor Total Installation 116.00 x 1.66 x 1.2372 238.24 washers 61 06 01 20 91 0002 SF Restoration Of Existing Decorative Woodworkincludes stripping to bare wood, $2,094.41 filling or patching, stain or paint to match existing. Quantity Unit Price Factor Total Installation 442.00 x 3.83 x 12372 - 2,094.41 reconfiguration of existing dock and railing 62 06 05 23 00 0007 EA 1-7/16" x 2-112" Galvanized Framing Angle Anchor (Simpson A34) $203.10 Quantity Unit Price Factor Total Installation 48.00 x 3.42 x 12372 - 203.10 angle anchors 63 06 05 23 00 0007 0103 MOD For >10 To 50, Deduct -$7,72 Quantity Unit Price Factor Total Installation 48.00 x -0.13 x 1.2372 -7.72 Contractor's Price Proposal - Detail Page 6 of 10 1500/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 64 06 05 23 00 0029 EA 18 Gauge Stainless Steel Hurricane Clips (Simpson Strong Tie® H2.5SS) $617.83 Quantity Unit Price Factor Total Installation 82.00 x 609 x 1.2372 = 617.83 hurricane clips 65 06 05 23 00 0036 EA 1-1/2" Wide x 10-3/4" Long, 18 Gauge Rafter Anchor $161.95 Quantity Unit Price Factor Total Installation 34.00 x 3.85 x 12372 = 161.95 rafter anchor 66 06 05 23 00 0036 0103 MOD For >10 To 50, Deduct -$fi.73 Quantity Unit Price Factor Total Installation 34.00 x -0.16 x 1.2372 -0.73 67 06 05 23 00 0105 EA 3/4" Diameter x 8" Length, 304/18-8 Stainless Steel, Carriage Bolt $3,289,42 Quantity Unit Price Factor Total Installation 26.00 x 102.26 x 12372 - 3,289.42 bolts for balustrade 68 06 05 23 00 0105 0103 MOD For >10 To 50, Deduct -$16.73 Quantity Unit Price Factor Total Installation 26.00 x -0.52 x 12372 - -16.73 69 06 05 23 00 0107 EA 3/4" Diameter x 12" Length, 304/18-8 Stainless Steel, Carriage Bolt $18,494.90 Quantity Unit Price Factor Total Installation 90.00 x 166.10 x 1.2372 18,494.90 Umber pile fasteners and bracing fasteners 70 06 05 23 00 0107 0104 MOD For>50 To 100, Deduct -$561.19 Quantity Unit Price Factor Total Installation 90.00 x -5.04 x 1.2372 -561.19 71 06 05 23 00 0212 EA 1-1/4" Wide x 24" Long, 20 Gauge, Strap Tie (Simpson Strong Tie® LSTA24) $261.30 Quantity Unit Price Factor Total Installation 66.00 x 3.20 x 1.2372 261.30 straps 72 06 05 23 00 0212 0121 MOD For >50 To 100, Deduct -$8.98 Quantity Unit Price Factor Total Installation 66.00 x -0.11 x = 1.2372 -8.98 73 06 05 73 33 0002 MBF Preservative Treatment For Marine And Fresh Water Lumber $3,108.34 Quantity Unit Price Factor Total Installation 16.57 x 151.66 x 12372 = 3,108.34 marine grade lumber 74 06 11 16 00 0010 LF 2" x 10" Pressure Treated Wood Rafter $2,331.48 Quantity Unit Price Factor Total Installation 624.00 x 3,02 x 12372 = 2,331.48 roof rafters, ridge board and fascia 75 06 11 16 00 0021 LF 2" x 12" Pressure Treated Wood Floor Joist $4,320.10 Quantity Unit Price Factor Total Installation 1024.00 x 3.41 x 12372 = 4,320.10 beams and joists 76 06 11 16 00 0029 LF 2" x 8" Pressure Treated Wood Purlin $1,030.93 Quantity Unit Price Factor Total Installation 384.00 x 2.17 x = 12372 1,030.93 collar ties Contractor's Price Proposal - Detail Page 7 of 10 15110/27/2022 Contractor"s Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 77 06 11 16 00 0080 LF 2" x 4" Pressure Treated Wood Plate $117.09 Quantity Unit Price Factor Total Installation 56.00 x 1.69 x 1.2372 117.09 balustrade 78 06 11 16 00 0081 LF 2" x 6" Pressure Treated Wood Plate $353.15 Quantity Unit Price Factor Total Installation= 128.00 x 2.23 x 1.2372 353.15 balustrade 79 06 11 16 00 0082 LF 2" x 8" Pressure Treated Wood Plate $2,438,77 Quantity Unit Price Factor Total Installation 704.00 x 280 x 1.2372 - 2,438.77 bracing 80 06 11 16 00 0100 LF 4" x 4" Pressure Treated Wood Post $257,21 Quantity Unit Price Factor Total Instal lation= 70.00 x 2.97 x 1.2372 257.21 balustrade 81 06 11 16 00 0131 LF 2" x 4' Pressure Treated Wood Blocking To Wood $389,72 Quantity Unit Price Factor Total Installation 100.00 x 3.15 x 1.2372 389.72 blocking for deck joists 82 06 16 33 00 0005 SF 5/8' Thick COX Plywood Roof DeckingApplied to wood rafters. $1,432.48 Quantity Unit Price Factor Total Installation= 706.00 x 1.64 x 1.2372 1,432.48 roof sheathing 83 06 16 33 00 0005 0006 MOD For Exterior CC Grade Plywood, Add $131.02 Quantity Unit Price Factor Total Installation 706.00 x 0.15 x 12372 = 131.02 84 06 51 13 00 0002 LF 2" x 6', Beam Or Girder, Recycled Plastic Lumber $16,498.06 Quantity Unit Price Factor Total Instal lation= 1,524.00 x 8.75 x 1.2372 16,498.06 composite deck boards. typical length per board: 16'. Top accent piece for balustrade 85 06 51 13 00 0002 0102 MOD For All Other Colors (Except Black, Brown Or White), Add $5,222.82 Quantity Unit Price Factor Total Installation 1,524.00 x 277 x 12372 - 5,222.82 86 07 34 00 00 0018 SQ 30 Mil, Fire Rated, High Temperature, Fire Rated, Embossed Surface, Butyl $3,311.47 Rubber Based Adhesive, High Density Cross Laminated Polyethylene Reinforcement, Roofing Underlayment, Self -Adhering (Grace Ultra) Quantity Unit Price Factor Total Installation 7.06 x 37912 x 12372 = 3,311.47 roofing underlayment 87 07 41 13 00 0032 SF Architectural 24 Gauge Galvanized Steel Standing Seam Concealed Fastener $7,293.42 Roofing Quantity Unit Price Factor Total Installation 706.00 x 8.35 x 12372 = 7,293.42 metal roof for pavilion 88 07 41 13 00 0032 0008 MOD For 140 MPH Wind Load, Add $314.45 Quantity Unit Price Factor Total Installation 706.00 x 0.36 x 12372 = 314.45 Contractor's Price Proposal - Detail Page 8 of 10 1520/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 89 07 41 13 00 0032 0010 MOD For Up To 1,500, Add $1,825.54 Quantity Unit Price Factor Total Installation 706.00 x 209 x 1.2372 = 1,825.54 90 07 41 13 00 0039 LF Ridge Flashing For Galvanized Steel Standing Seam Concealed Fastener $560.93 Roofing Quantity Unit Price Factor Total Installation 21.00 x 21.59 x 1.2372 560.93 ridge flashing 91 07 41 13 00 0039 0008 MOD For 140 MPH Wind Load, Add $26.50 Quantity Unit Price Factor Total Installation 21.00 x 1.02 x 1.2372 26.50 92 07 41 13 00 0040 LF Eave Flashing For Galvanized Steel Standing Seam Concealed Fastener $2,031.68 Roofing Quantity Unit Price Factor Total Installation 104.00 x 15.79 x 1.2372 2,031.68 eave flashing 93 07 41 13 00 0040 0008 MOD For 140 MPH Wind Load, Add $115.80 Quantity Unit Price Factor Total Installation= 104.00 x 0.90 x 1.2372 115.80 94 07 41 13 00 0042 LF Hip Flashing For Galvanized Steel Standing Seam Concealed Fastener $2,296.74 Roofing Quantity Unit Price Factor Total Installation 84.00 x 22.10 x 1.2372 2,296.74 hip flashing 95 07 41 13 00 0042 0008 MOD For 140 MPH Wind Load, Add $107,04 Quantity Unit Price Factor Total Installation 84.00 x 1.03 x 1.2372 107.04 96 07 62 19 00 0159 LF >5' To 7' Girth, 24 Gauge, Galvanized Steel Drip Edge $822.49 Quantity Unit Price Factor Total Installation 120.00 x 5.54 x 1.2372 822.49 drip edge 97 31 08 13 00 0002 EA Pile Load Test, 50 To 100 Ton Design Load $37,167.89 Quantity Unit Price Factor Total Installation 100 x 30,041.94 x 1.2372 37,167.89 pile load testing 98 31 08 13 00 0002 0095 MOD For Barge Mounted Testing, Add $14,867.16 Quantity Unit Price Factor Total Installation 1.00 x 12,016.78 x 1.2372 14,867.16 99 31 08 13 00 0002 0096 MOD For Testing In Wet/Soft Soil Condition, Add $11,150.36 Quantity Unit Price Factor Total Installation 1.00 x 9,012.58 x 1.2372 11,150.36 100 31 25 14 23 0015 LF 4' High, 18 Oz PVC Coated Polyester, Type 2 DOT Turbidity Curtain $5,559.98 Quantity Unit Price Factor Total Installation 200.00 x 22.47 x 1.2372 5,559.98 turbidity curtain 101 31 25 14 23 0033 EA 25 LB, Turbidity Curtain Anchor Systemincludes anchor, anchor chain, and $5,364.99 marker buoy and rope. Quantity Unit Price Factor Total Installation 5.00 x 867.28 x 12372 = 5,364.99 turbidity anchor system. anchor every 6' Contractor's Price Proposal - Detail Page 9 of 10 1530/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108272.00 Work Order Title: Indian River County - Archie Smith Fish House Pavilion / Demo Base Bid 102 31 48 33 00 0002 EA Micro -Pile Mobilization Per Job $1,855.92 Quantity Unit Price Factor Total Installation 100 x 1,500.10 x 12372 - 1,855.92 pile crew mobilization 103 31 48 33 00 0003 EA Relocate And Set-up Micro -Pile Equipment At New Pile Cap Location $11,599.68 Quantity Unit Price Factor Total Installation 25.00 x 375.03 x 1.2372 11.599.68 relocation of pile equipment for each pile 104 31 62 19 00 0003 LF >30' To 39', 12' Butt x 8' Tip, Fricfion Or End Bearing, Driven Treated Wood $33,172.43 Pile Quantity Unit Price Factor Total Installation 975.00 x 2750 x 12372 - 33,172.43 SYP Timber piles 105 31 62 19 00 0003 0108 MOD For Piles Driven In Water, Add $12,460.77 Quantity Unit Price Factor Total Installation x x - 975.00 10.33 1.2372 12,460.77 106 32 31 13 13 0184 LF 4' Full Height Vinyl Coated Fabric Chain Link #9 gauge Fused, 2' Mesh $618,90 Quantity Unit Price Factor Total Installation 52.00 x 9.62 x 1.2372 618.90 fence fabric for balustrade Subtotal for Base Bid $460,611.66 Proposal Total $308,407.90 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Page 10 of 10 1540127/2022 Subcontractor Listing Date: October 27, 2022 Re: IQC Master Contract #: Work Order #: Owner PO #: Tide: Contractor: Proposal Value: FL-R10-GC11-111821-JLC 108272.00 Indian River County - Archie Smith Fish House Pavilion / Demo Johnson-Laux Construction, LLC $508,407.90 GORDIANO Name of Contractor Duties Amount % No Subcontractors have been selected for this Work Order $0.00 0.00 Subcontractor Listing Page 1 of 1 1550/27/2022 650 GARDEN COMMERCE PARKWAY, SUITE 100 JOHNSON di T AT X WINTER GARDEN, .7 34787 1 1� lJ PHONE 407.77Q.2180 CON STRU CTION FAx 407.770.2181 09/01/2022 PROJECT: Indian River County: Archie Smith Fish House Pavilion SUBJ: Scope of Work Summary Scope: This project consists of new decking and a pavilion at the Archie Smith Fish House located at 1740 North Indian River Drive Sebastian, FL 32958. Detailed Scope of Work: Provide labor, material, and equipment in accordance with the site walk performed on 7/28/2022 and the reference drawings by Atelier Architecture, Engineering, Construction Incorporated dated 7/28,2014. Base Bid: Design and engineering for new deck, foundation, and pavilion New deck and pavilion to go in footprint of where the existing Ice House was located (approximately 21' x 31') o Light fixtures in the pavilion and light poles on the walkway are excluded o Painting is not included New wood railing to match the existing railing Alternate: - Demo of the existing Fish House - Reconfigure and provide new chain link fencing to match existing - Salvage signage and shiplap for repurpose o Salvage materials to be turned over to the county after removal o Contractor not responsible for storage or transporting salvage material - Asbestos testing of the existing of Fish House. Any abatement to be addressed in a supplemental proposal pending initial test results Clarifications: - Work to be performed during normal/regular business hours as defined: Monday through Friday, 7:00am to 3:30pm with holidays excluded - Price proposal subject to change upon review of the engineered design drawings and details - Owner is responsible for all power, water, HVAC, and wastewater safe -off and disconnection for the existing Fish House - Building permit fee allowance included - Any special or environmental permits/notices such as FDEP, Corps of Engineers, etc. to be done by others - SWPPP management plan and water quality monitoring not included - Dumpster to be provided by GC - Davis -bacon wages / Certified payroll are not included - Liability insurance included - Builder's risk insurance included - Long Shoreman's Insurance included - Bond included - As-Builts are included - No Liquidated Damages - Any unforeseen conditions are excluded - Johnson-Laux Construction is not responsible for delays to the schedule caused by others wwwJohnson-la m CGC 1L701. \ ; a % � | \ ! \ ,� { !! � ,! \ !! k � {{ � ` |[£% �I ` ! !I , {| ./ : a \ !, � � ]| �7 ! _ , !I $ , , !! / �4 _|. .|_ ||_ :. ;_|._ .!! )f , � ........ _ }�� \\\k \, !| � !!!! a� . \ � !� !!!!!!! !f! 4!!!f!!! -®■�e-e - -� a,, .- !�$! - &| k,\ . ) |f !;! y ,} / �� _ _ !! � )!§ �} /i « ) � r ! � }{/ � , )2||)) /7 ) ] � �� ®�| \� , `� \ •7|`!)� !�$! � ) - ;! }},«; f f| l�,i§�7 ! p� !; ! ) � ! |!) )k� !)}7\(i i� /)|/ / !�$ $!®§i�`-|,l..l.- \ _ \§|f} !i!!� ��! !`` ! .;! _�)!!))$!!!! ��!! -.. 2!£!«!|!!!]�\!;!!; �`` ; ! !!!!f !;!!! §: '!��- !§„! .l.�\«e»!:.lam! (tf „i! �»,_!� !`, t!,# !'|!||!`�!l;.�l�;l;!« !� \% I}4]! � �3 !�,!» _!«��l��=ƒ},l��_�!! $//!\ 12/19/2022 Historic Jungle Trail Sites se Additional Historic Locations mann R,—c„..nh, n,,.ian L"j Hiponc 6Mea e� d ��s ----------------- C'^ S�W,n Q ; PW,r �i 12/19/2022 ►51- 2 ARCHlE SMITH WHOLESALE RSH COhFANY Man her County. FI. Contributing Budding and Structure Non -Contributing Building C7 Boundary ------------- Photo Direction 0—) Approx. Scale: 0.5' - L? P ( P r(a(se o(W Indian River 12/19/2022 CRAB HOUSR _ The Crab House abuts the wall of the Fish House, to the s est, but n opening exists between thea. we, e 1945 phot ogzap6 hows that the gabled r fs of the two building ve continuous (Photo a). This is no longer true, a result of rthe fire in 1919 that destroyed the Fish House. The Crab House:is 20' by l0'. The floor is concrete, the wells ere wood, and the roof i gdlvanized metal (Photo 9). The uth elevation opens to thea dock with four doors, three of which can be tightly c Bled becauae they a cold storage a One windows salve on this va11. There v originally so Two windows a on the wast wall (Photo lore .. The north wall basoroesaining window, but two boarded, windows testify to an earlier configuration (Photo I1). The South exterior wall is vortical board and batten. The other watts are horizontal aiding. The interior of this ctructur. -1 originally divided 120 sixroughly aquel Paces, with two north-aeuth pertitions, - east -vast partition. After 1950, the east -west partition We. a—d. To the vest of the Crab House, in the water on the north Side of the dock, is a small are. of not drying racks (Photo 10). Drying racka vete to cassary for cotn nets which bad to be tided and dried daily. A historic photo of 1945 ehowa e extensive net drying area north of the Crab House (Photo s). Men synthetic nets replaced cotton oats, these racks ware no longer necessary A 12/19/2022 [5q - 4 12/19/2022 12/19/2022 pb`1 `Y 6 Em Plans Developed in 2014 Funded By DHR M r. -nVON i tle}gn$J � �4: r �giftvow I— 17 - � L t -'e e i tit' 4` ca - � L -'e e wat" ca Y +qi®b y6`x. - � L -'e e ca Y +qi®b y6`x. :�► ��a„i"A"k .. Cir x.2018 A 12/19/2022 151 - 9 12/19/2022 I'�-" j - 10 A z l-, rtF, H Jan -Feb 2022 I Internal Collapse Of Pilings "-" & Supports t, Worsening Condition I t, Feb -March 2022 _"•' -` F,;�"- ni''`b I J—Feb 2022 Designing and installing an alternate structure for public use which may include a decking area with covered pavilion in the location of the Ice House, with °i commemorative rte; educational signage. 12/19/2022 ttii f�� v. �� 13 Re-design and installation of a reconstructed Ice House based on the Atelier plans. Re-design would be required to meet any differences between the clans and current Buildin.Q Department standards. 12/19/2022 `6P?, 15 Indian River County Conservation Lands Program Beth Powell Director Parks & Conservation Resources 772-226-1785 • Wendy Swindell Conservation Lands Manager 772-226-1781 • !'> m Conservation @ i rcgov. co rn INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation Date: October 28, 2022 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Director Parks & Recreation From: Wendy Swindell, Conservation Lands Manager Subject: Jones Pier Conservation Area Public Use Improvements — Proposal for the Elevation and Stabilization of the Jones Pier Bungalow/Historic House DESCRIPTIONS AND CONDITIONS The historic Jones's Pier bungalow/historic house, originally built circa 1921, lies approximately 80 feet from the Indian River Lagoon. The house has a finished floor elevation (FFE) of 3.27 feet (NAVD 88), which is 3.73 feet below the FEMA Base Flood Elevation (BFE) of 7 feet (NAVD 88). Following the passing of Hurricane Matthew in 2016, the bungalow structure, which has an approximate 1.5 foot underbuilding crawl space, was inundated with approximately 7-9 inches of water for an extended period of time. After completing an assessment of the damages, the County arranged for repairs, including an assessment for mold and other potential hazards. On February 8, 2017, the Florida Division of Emergency Management (FDEM) announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew. The purpose of the HMGP is to assist communities in implementing hazard mitigation measures. The program is federally funded, but is allocated and distributed by the State through the FDEM. After receiving an estimate from a local contractor for the elevation of the historic house, County staff utilized the estimated cost to apply for FDEM HMGP funding (based on an estimated project cost of $78,981.00). The proposed HMGP grant would reimburse 75% of the project cost ($59,235.75). The application to the FDEM HMGP program was approved, and the grant was awarded to the County on October 14, 2020 (DR -4283 Hurricane Matthew; 4283-91-R Indian River County 1920s Bungalow). The period of performance for the FDEM HMGP house elevation grant expires on April 6, 2023. On October 15, 2019, staff provided a Departmental item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update, and requested authorization to make applications to potential grantors to provide additional funding for the re -purposing of the 1920s Bungalow/Historic House for the purposes of creating a museum with associated educational exhibits. The Board authorized staff to pursue this funding. Staff submitted applications to the State of Florida Division of Historical Resources (DHR) and to the Florida Inland Navigation District (FIND) to provide funding for the interior stabilization, museum planning and museum exhibits for the historic house. The County received, and accepted, the award from DHR August 18, 2020 for a maximum amount of $10,725.00. The FIND application was awarded in the 2020-21 cycle. The funding in the FIND grant agreement provides for a 50/50 match of $84,000 for a total project cost of $168,000. The FIND grant will provide financial assistance for design, production and installation of Jones Museum exhibits (interior) as well as outdoor wayside static and interactive exhibits. 1 158 The DHR grant for the design of the re -purposed bungalow was completed and closed in April 2022. The FIND grant (project #IR -20-69) is scheduled to be completed by September 30, 2023. On January 7, 2020 the Board approved Bid No. 2020017 for the construction of the Jones Pier wetland restoration and conservation improvements to XGD Systems, Inc. in the amount of $1,393,951.68. This contract included the construction of the parking area, restroom, pavilion, trails, and ecological restoration. Work on these improvements was initiated by XGD soon thereafter. In order to avoid a potential conflict between XGD and a planned separate contractor retained to complete the historic house elevation, staff delayed advertising the work associated with the historic house elevation until the other site improvements were completed. Due to COVID and several non-COVID related construction delays, the XGD site construction was not substantially complete until early 2022. On February 10, 2022 staff advertised for the elevation of the historic house (ITB #2022015). Bids were due on March 16, 2022, however, no responses to the solicitation were submitted. After incorporating additional information to improve the potential for bid response, the project was re -advertised on April 13, 2022. Once again, no responses to the solicitation were submitted by the May 5, 2022 deadline.. On July 15, 2022, staff reached out to Gordian to obtain a proposal to complete this work. Gordian has a job order contracting (JOC) agreement under the Sourcewell Cooperative, of which Indian River County is a member. This JOC is a competitively -awarded construction contract, for which an extensive catalog of work items are listed, and individual job orders developed for each individual project. Gordian has provided a proposal and schedule to complete this work, which will be completed by our local contractor under the agreement, Johnson -Lasix Construction, LLC, which has been included as an Attachment. Gordian will coordinate the work between the County and Johnson-Laux. This project proposal from Gordian consists of raising and shoring the existing house in order to construct a new foundation underneath. The proposal includes a preliminary schedule of 132 days for completion of the work (excluding Holidays). The schedule is based on the date that Gordian receives written authorization from the County to proceed with the work. A description of work required to complete this effort is presented as follows: Detailed Scope of Work: - Cut and fill earth around the historic house - Horizonal and vertical survey control points and foundation layout survey is included with as-builts - Termite protection - Utility Locating - Material testing - Window removal and salvage is included • Windows are to be turned over to the owner for storage - Removal of existing concrete stairs and lattice - Lifting and shoring of the residence • Signed and sealed shoring plan is included - Remove existing block cmu foundation supports • Removal of any existing footing is excluded and is an unforeseen condition. If it is discovered that there is a foundation underneath the stacked blocks this will be addressed via supplemental change order - Sanitization and wipe down of interior walls is included for mildew control - Provide connectors underneath the existing house - Concrete stairs not included - Wood framed landing, stairs, and railing not included - Metal handrail on wood stairs not included - Provide new foundation and piers for building envelope only • Dewatering is included • Concrete foundations, stem walls, connectors and straps for the concrete and wood framed stairs are not included - New marl pathway - New sidewalk - New doweling connections to existing sill plate • Patching of interior walls is to be unfinished plywood - Provide PVC lattice The Total Project Cost = $460,629.70 2 159 FUNDING Funding for raising and shoring the existing Jones Pier historic house is programmed into the Capital Improvement Element which is being presented to the Board of County Commissioners on December 6, 2022 in the amount of $485,000, which includes a $65,000 Florida Department of Emergency Management Hazard Mitigation Grant. The total project cost is $460,629.70, which is $24,370.30 below the budgeted amount, and will be available in the Optional Sales Tax/Parks/Jones Pier Improvements Account, number 31521072-066510-18010. Account Name I Account Number Amount Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $460,629.70 STAFF RECOMMENDATION Staff respectfully requests that the Board provide direction to staff in regard to the work proposed in the Gordian proposal (Work Order 108749.00) which includes raising and shoring the existing Jones Pier Bungalow/historic house. Staff also recommends the Board authorize the Purchasing Manager to sign the final work order and scope of work, after approval by the Parks and Recreation Director, and verification of the pricing against the Sourcewell Contract. ATTACHMENT • Gordian Work Order 108749.00 — Jones Pier Residence APPROVED AGENDA ITEM FOR NOVEMBER 8, 2022 3 160 GOPOIAN Work Order Signature Document EZIQC Contract No.: FL-R10-GC11-111821-JLC New Work Order ❑ Modify an Existing Work Order Work Order Number.: 108749.00 Work Order Date: 10/27/2022 Work Order Title: Indian River County - Jones Pier Residence Owner Name: SOURCEWELL - FL - Indian River Contractor Name: Johnson-Laux Construction, LLC County Contact: Beth Powell Contact: James Powell Phone: 772.226.1873 Phone: 407-453-2261 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No FL-R10-GC11-111821-JLC. Brief Work Order Description: Please see the attached Scope of Work. Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 11 Will notapply: Work Order Firm Fixed Price: $460,629.70 Owner Purchase Order Number: Approvals Owner Date Contractor Date Work Order Signature Document Page 1 of 1 16110/27/2022 Sou rcewell Detailed Scope of Work To: James Powell Johnson-Laux Construction, LLC 650 Garden Commerce Parkway Winter Garden, FL 34787 407-453-2261 Date Printed: October 27, 2022 GrZP01AN(;) From: Beth Powell SOURCEWELL - FL - Indian River County 1801 27th St A Vero Beach, FL 32960 772.226.1873 Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Brief Scope: Please see the attached Scope of Work. FlPreliminary ❑ Revised Fx1 Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see the attached Scope of Work. Subject to the terms and conditions of JOC Contract FL-R10-GC11-111821-JLC. Contractor Owner vate Date Scope of Work Page 1 of 1 1620127/2022 Contractor's Price Proposal - Summary Date: October 27, 2022 Re: IQC Master Contract #: Work Order #: Owner PO #: Title: Contractor: Proposal Value: FL-RIO-GC11-111821-JLC 108749.00 Indian River County - Jones Pier Residence Johnson-Laux Construction, LLC 5460,629.70 Section - 01 $150,053.58 Section - 02 $41,133.81 Section - 03 $18,672,02 Section - 04 $24,530.20 Section - 05 $69,241.64 Section - 06 $30,303.34 Section - 08 $6,511.63 Section - 26 $4,118,09 Section - 31 $95,838.92 Section - 32 $13,208.73 Section - 33 $7,017.74 Proposal Total $460,629.70 This] total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 1630/27/2022 Contractor's Price Proposal - Detail Date: October 27. 2022 Re: IQC Master Contract#: FL-RIO-GC11-111821-JLC $9,032.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base Work Order #: 108749.00 list each one separately and add a comment in the "note" block to identify the Owner PO #: Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be Title: Indian River County - Jones Pier Residence Quantity Unit Price Factor Contractor Johnson-Laux Construction, LLC 9,032.00 2% bond fee based on contract value Proposal Value: $460,629.70 $8,824.70 as directed by owner only. Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) non -normal working conditions. cement masons and concrete finishers to be working underneath shored residence for excavation, pouring concrete, setting block, grouting cells and placing the connector Section - 01 5 C1 22 20 00 0047 HR Senior Surveyor (Party Chief) S8,224.91 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $1,760.00 survey, column line layout, grade staking, layout staking, final as built survey costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "ncte" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation= 1,600.00 x 1.00 x 1.1000 1,760.00 builders risk insurance fee 2 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $5,500,00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Instal lation= 5,000.00 x 1.00 x 1.1000 5,500.00 permit fees 3 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $9,032.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. if there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 9,032.00 x 1.00 x 1.0000 9,032.00 2% bond fee based on contract value 4 01 22 20 00 0008 HR Cement MasonFor tasks not included in the Construction Task Catalog& and $8,824.70 as directed by owner only. Quantity Unit Price Factor Total Installation 160.00 x 44.58 x 1.2372 8,824.70 non -normal working conditions. cement masons and concrete finishers to be working underneath shored residence for excavation, pouring concrete, setting block, grouting cells and placing the connector straps 5 C1 22 20 00 0047 HR Senior Surveyor (Party Chief) S8,224.91 Quantity Unit Price Factor Total Installation 160.00 x 41.55 x 1.2372 8,224.91 survey, column line layout, grade staking, layout staking, final as built survey 6 01 22 20 00 0048 HR Surveyor (Instrument person) $5,191.79 Quantity Unit Price Factor Total Installation= 120.00 x 34.97 x 1.2372 5,191.79 survey, column line layout, grade staking, layout staking Contractors Price Proposal - Detail Page 1 of 12 1640/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence HR Principal Engineer Section - 01 $2,103.44 7 01 22 20 00 0049 HR Surveyor (Rod Person) Total $3,704.18 Quantity Unit Price Factor Total 2,103.44 Installation 120.00 x 24.95 x 12372 = 3,704.18 signed and sealed shoring plan survey, column line layout, grade staking, layout staking 8 01 22 20 00 0058 HR Principal Engineer HR Senior Engineer $1,051.72 Quantity Unit Price Factor Total Quantity Unit Price Installation 4.00 x 212.52 x 1.2372 1,051.72 A!E to modify the existing structural drawings for permit to depict our specific scope of work Installation 8.00 x 161.92 x 9 01 22 20 00 0058 HR Principal Engineer $2,103.44 Quantity Unit Price Factor Total Installation 8.00 x 212.52 x 1.2372 2,103.44 signed and sealed shoring plan 10 01 22 20 00 0059 HR Senior Engineer $1,602.62 Quantity Unit Price Factor Total Installation 8.00 x 161.92 x 1.2372 1,602.62 evaluation and review of material testing 11 01 22 20 00 0059 HR Senior Engineer $1,602.62 Quantity Unit Price Factor Total Installation 8.00 x 161.92 x 1.2372 1,602.62 edit existing structural drawings for permit 12 01 22 20 00 0061 HR Draft Person $757.46 Quantity Unit Price Factor Total Installation 8.00 x 76.53 x 1.2372 757.46 edit existing structural drawings for permit 13 01 22 20 00 0061 HR Draft Person $2,272.39 Quantity Unit Price Factor Total Installation 24.00 x 76.53 x 1.2372 2,272.39 creation of shoring plan 14 01 22 23 00 0155 WK Up To 2,000 CFM, Portable Negative Air Machine $884.92 Quantity Unit Price Factor Total Installation 2.00 x 357.63 x 1.2372 884.92 2 negative air machines for mold sanitation x 1 week 15 01 22 23 00 0159 EA High Efficiency Particulate Air (NEPA) Filter, 99.99% Efficient At 0.3 Micron For $469.20 Portable Negative Air Machines Quantity Unit Price Factor Total Installation= 2.00 x 189.62 x 1.2372 469.20 filter 16 01 22 23 00 0160 LF Flexible Exhaust Duct For Portable Negative Air Machines $115.06 Quantity Unit Price Factor Total Installation= 100.00 x 0.93 x 1.2372 115.06 exhaust duct for negative air machine 17 01 22 23 00 0284 MO 2,400 LB Capacity, 72" Wide, Skid -Steer Loader With Full -Time Operator $39,661.30 Quantity Unit Price Factor Total Installation 3.00 x 10,685.77 x 12372 = 39,661.30 skid steer used by multiple trades for the purposes of material handling, disposal, loading, grading, clearing, excavation, etc. 18 01 22 23 00 0291 DAY Hydraulic Hammer Attachment For Skid -Steer Loaders $1,023.59 Quantity Unit Price Factor Total Installation 3.00 x 275.78 x 1.2372 1,023.59 hammer attachment to demo concrete stairs Contractor's Price Proposal - Detail Page 2 of 12 1650127/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 01 19 01 22 23 00 0295 WK Forklift Attachment For Skid -Steer Loaders $784.73 Quantity Unit Price Factor Total Installation 4.00 x 158.57 x 12372 - 784.73 material handling for lifting and shoring 20 01 22 23 00 0354 WK 718 To 1 CY Hydraulic Excavator With Full -Time Operator $20,992,71 Quantity Unit Price Factor Total Installation 4.00 x 4,241.98 x 1.2372 20,992.71 placing of fill dirt and grading 21 01 22 23 00 0545 DAY 4' Maximum Trench Depth, Ride -On Trencher With Full -Time Operator $1,735.45 Quantity Unit Price Factor Total Insulation 2.00 x 701.36 x 1.2372 1,735.45 insulation of silt fence 22 01 22 23 00 0996 WK 6,000 LB Telescopic Boom, Hi -Reach, Rough Terrain Construction Forklift With $12,196.13 Full -Time Operator Quantity Unit Price Factor Total Installation 3.00 x 3,285.95 x 1.2372 12,196.13 material handling / unloading, placing, and moving of crrxn 23 01 22 23 00 1382 DAY 18 CY Rear Dump Truck With Full -Time Truck Driver $2,306.41 Quantity Unit Price Factor Total Insulation 100 x 1,864.22 x 1.2372 2,306.41 hauling off of cleared and grubbed materials 24 01 45 23 00 0012 EA Proctor Compaction 6' Standard Mold, Field Soils Test $1,516.51 Quantity Unit Price Factor Total Insulation 4.00 x 306.44 x 1.2372 1,516.51 density compaction testing. 25 01 45 23 00 0016 EA Moisture Density Tests, Modified AASHTO T-180, ASTM D1557, Field Soils $933.74 Test Quantity Unit Price Factor Total Insulation 4.00 x 188.68 x 1.2372 933.74 modified proctors 25 01 45 23 00 0018 EA Lime Rock Bearing Ratio, Field Soils Test $1,373.17 Quantity Unit Price Factor Total Installation 2.00 x 554.95 x 1.2372 1,373.17 lime rock bearing ratio 27 01 45 23 00 0077 EA Prepare 6 x 12 Concrete Cylinder And Deliver To Lab $81,80 Quantity Unit Price Factor Total Installation 4.00 x 16.53 x 1.2372 81.80 concrete testing 28 01 45 23 00 0078 EA 6 x 12 Cylinder Concrete Compression Test, ASTM C-39 Or ASTM D1633 $257.04 Quantity Unit Price Factor Total Installation 4.00 x 51.94 x 1.2372 257.04 concrete testing 29 01 45 23 00 0086 EA Concrete Slump Test, ASTM C143 $202,26 Quantity Unit Price Factor Total Installation 4.00 x 40.87 x 1.2372 202.26 concrete testing Contractor's Price Proposal - Detail Page 3 of 12 160 0/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 01 Masonry Or Asphalt 30 01 54 23 00 0048 SF 112" CD Grade Plywood, Temporary Lumber $948.59 Quantity Unit Price Factor Quantity Unit Price Factor Total Installation 512.00 x 1.41 x 1.2372 893.16 Demolition 160.00 x 0.28 x 1.2372 = 55.43 plywood to cover existing openings after the removal of the windows. removal of existing plywood covering 34 01 71 36 00 0007 windows 31 01 71 13 00 0002 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback $1,755.36 Flatbed Trucklncludes loading, tie -down of equipment, delivery of equipment, inspection methods, and equipment used. Also includes visuals such as site off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and Quantity Unit Price Factor Total articulating boom man lifts with up to 40' boom lengths, etc. Instal lation= 1.00 x 277.92 x 1.2372 Quantity Unit Price Factor Total Installation 6.00 x 236.47 x 12372 = 1,755.36 equipment mobilization for skid steers and trencher EA 20 CY Dumpster (3 Ton)'Construction Debris"Includes delivery of dumpster, 32 01 71 13 00 0003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor $2,176.61 rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. Trailer With Up To 53' Bedlncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and Total transporting away. For equipment such as bulldozers, motor scrapers, Installation 3.00 x 667.68 x 12372 = 2,478.16 hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction debris and waste construction loaders, tractors, pavers, rollers, bridge finishers, straight mast Subtotal for Section - 01 construction forklifts, telescoping boom rough terrain construction forklifts, $150,053.58 telescoping and articulating boom man lifts with >40' boom lengths, etc. Quantity Unit Price Factor Total GSF Up To 2,000 SF Commercial Building Interior Demolition, Gutting And Placing Instal lation= 2.00 x 879.65 x 1.2372 2,176.61 mobilization of lull and excavator 33 01 71 36 00 0005 EA >4 To 8 Hours On Site, Electromagnetic (SIR/GPR) Survey, Earth, Concrete, $6,189.17 Masonry Or Asphalt Quantity Unit Price Factor Total Instal lation= 2.00 x 2,501.28 x 1.2372 6,189.17 utility locating around the residence 34 01 71 36 00 0007 EA Standard Report For Electromagnetic (SIR/GPR) Survey, Earth, Concrete, $343.84 Masonry Or Asphaltlncludes a detailed description of the scope of work, inspection methods, and equipment used. Also includes visuals such as site locations, images of data, and site photos. Quantity Unit Price Factor Total Instal lation= 1.00 x 277.92 x 1.2372 343.84 reporting from utility locates 35 01 74 19 00 0014 EA 20 CY Dumpster (3 Ton)'Construction Debris"Includes delivery of dumpster, 52,478.16 rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. Quantity Unit Price Factor Total Installation 3.00 x 667.68 x 12372 = 2,478.16 construction debris and waste Subtotal for Section - 01 $150,053.58 Section - 02 36 02 41 16 13 0003 GSF Up To 2,000 SF Commercial Building Interior Demolition, Gutting And Placing $2,572.58 Into Dumpster Or Truck Quantity Unit Price Factor Total Installation= 288.00 x 7.22 x 1.2372 2,572.58 selective interior demolition of walls to access sill plate for doweling areas Contractor's Price Proposal - Detail Page 4 of 12 16710/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 02 37 02 41 19 13 0071 EA Saw Cut Minimum ChargeFor projects where the total saw cutting charge is $771,34 less than the minimum charge, use this task exclusively. This task should not be used in conjunction with any other tasks in this section. Quantity Unit Price Factor Total Installation 100 x 623.46 x 1.2372 771.34 saw cut for the removal of the windows 38 02 41 19 13 0288 IN 1/4" Diameter Drilling In Brick/Concrete Block Per Inch Of Depth $720.05 Quantity Unit Price Factor Total Installation 600.00 x 0.97 x 1.2372 = 720.05 drilling for lattice nailer 39 02 41 19 13 0298 IN 1/4" Diameter Drilling In Wood Or Plastic Per Inch Of Depth $624.89 Quantity Unit Price Factor Total Installation = 1,098.00 x 0.46 x 1.2372 624.88 drilling for lattice cap and divider, drilling for temporary plywood to cover windows 40 02 41 19 13 0333 EA Core Drill Minimum ChargeFor projects where the total core drilling charge is $5,521.75 less than the minimum charge, use task 'Minimum Charge For Core Drilling" exclusively. Task "Minimum Charge For Core Drilling" should not be used in conjunction with any other tasks in this section. Does not apply to sections 'Drilling In Concrete Per Inch Of Depth" or 'Drilling In Bride Or Block Per Inch Of Depth'. Quantity Unit Price Factor Total Installation 9.00 x 495.90 x 1.2372 5,521.75 limited space and precise work to drill 9 locations for the threaded rod including set up and removal of equipment at each location. threaded rod to be drilled inside of the interior wall cavity through the sid plate, substructure and into the top of the block. 41 02 43 13 13 0010 SF >920 SF, Move Relocatable Wood/Metal Frame Building $28,130.96 Quantity Unit Price Factor Total Installation 1,440.00 x 15.79 x 1.2372 28,130.96 lifting and setting existing historical residence. Lifting of house to make the house stationary for the necessity of constructing the foundation. 42 02 83 19 13 0002 HR Certified Lead Sampling Technician For Bulk Sampling Or Air Monitoring $450.14 Quantity Unit Price Factor Total Installation 8,00 x 45.48 x 12372 = 450.14 certified technician to sample lead for TCLPs 43 02 83 19 13 0006 EA 24 Hour Turnaround Toxicity Characteristic Leaching Procedure (TCLP) Lead $539.42 Test And Lab Fee Quantity Unit Price Factor Total Installation 4,00 x 109.00 x 12372 - 539.42 TCLP of possible lead containing materials 44 02 83 19 13 0096 SF Demolish Concrete, Lead Contaminated Material $441,68 Quantity Unit Price Factor Total Installation 50.00 x 7.14 x 1.2372 441.68 demo existing concrete stairs 45 02 83 19 13 0116 SF Demolish Siding, Lead Contaminated Material $806,46 Quantity Unit Price Factor Total Installation 672.00 x 0.97 x 12372 = 806.46 demo lattice 46 02 90 55 00 0398 ROL 6 Mil Visqueen, 32'x 400', For Emergency Clean-up $554.54 Quantity Unit Price Factor Total Installation 2.00 x 224.11 x 1.2372 554.54 after the removal of the windows they will be wrapped for storage Subtotal for Section - 02 $41,133.81 Contractors Price Proposal - Detail Page 5 of 12 1680/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 03 47 03 11 13 00 0004 SF Pile Cap, Pier Or Spread Footings Foundation Wood Formwork $1,915.68 Quantity Unit Price Factor Total Installation 316.00 x 4.90 x 1.2372 1.915.68 formwork for pier footings 48 03 11 13 00 0004 0001 MOD For <1,000, Add $332.31 Quantity Unit Price Factor Total Installation 316.00 x 0.85 x 12372 = 332.31 49 03 21 13 00 0038 LF #3, Grade 60, Columns, Galvanized Steel Reinforcement Bar $113.62 Quantity Unit Price Factor Total Installation= 164.00 x 0.56 x 1.2372 113.62 #3 rebar in CMU pier 50 03 21 13 00 0040 LF #5, Grade 60, Columns, Galvanized Steel Reinforcement Bar $1,402.59 Quantity Unit Price Factor Total Installation 766.00 x 148 x 12372 = 1,402.59 #5 rebar in CMU pier 51 03 21 13 00 0068 LF #5, Grade 60, Footings, Galvanized Steel Reinforcement Bar $1,389,87 Quantity Unit Price Factor Total Installation 820.00 x 1.37 x 1.2372 1,389.87 #5 rebar in footings 52 03 31 13 00 0023 CY Concrete Pump, Place 3,000 PSI Concrete Spread Footings6cdudes pumping $3,841,46 equipment. Quantity Unit Price Factor Total Installation 16.00 x 194.06 x 12372 = 3,841.46 concrete footings 53 03 31 13 00 0023 0039 MOD For Up To 20, Add $312.76 Quantity Unit Price Factor Total Installation= 16.00 x 15.80 x 1.2372 312.76 54 03 37 16 00 0010 HR 35 CY/HR, 66 HP Trailer Mounted Concrete Pumpincludes Lases $3,307.78 Quantity Unit Price Factor Total instal lation= 40.00 x 66.84 x 1.2372 3,307.78 concrete pump 55 03 61 16 00 0002 CY Cementitious Flowable Grout $6,055.95 Quantity Unit Price Factor Total Installation 16.00 x 305.93 x 12372 = 6,055.95 grout filling new piers Subtotal for Section - 03 $18,672.02 Section - 04 56 04 22 23 13 0019 SF 8" x 8" x 16", Cored, Normal Weight, Concrete Block $6,395.38 Quantity Unit Price Factor Total Installation 747.00 x 6.92 x 12372 = 6,395.38 16"x16' CMU piers 57 04 22 23 13 0019 0023 MOD For Stacked Bond, Add $1,321.59 Quantity Unit Price Factor Total Installation 747.00 x 1.43 x 12372 = 1,321.59 58 04 22 23 13 0019 0028 MOD For <10, Small Area Replacements (Individual Areas), Add $7,726.22 Quantity Unit Price Factor Total Installation 747.00 x 8.36 x 1.2372 7.726.22 Contractor's Price Proposal - Detail Page 6 of 12 1690/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 04 59 04 22 23 13 0021 SF 12' x 8' x 16", Cored, Normal Weight, Concrete Block $3,975.82 Quantity Unit Price Factor Total Installation 322.00 x 9.98 x 12372 - 3,975.82 12'x12" CMU piers 60 04 22 23 13 0021 0023 MOD For Stacked Bond, Add $740.98 Quantity Unit Price Factor Total Installation 322.00 x 186 x 12372 - 740.98 61 04 22 23 13 0021 0028 MOD For <10, Small Area Replacements (Individual Areas), Add $4,370.21 Quantity Unit Price Factor Total Installation 322.00 x 10.97 x 1.2372 4,370.21 Subtotal for Section - 04 $24,530.20 Section - 05 62 05 05 19 00 0176 EA 518" x 7' Long Chemically Adhered Ander Rod $930.42 Quantity Unit Price Factor Total Installation 36.00 x 20.89 x 1.2372 930.42 threaded rod. multiplied quantity by 4. total length of each dowel is 24' 63 05 05 19 00 0176 0195 MOD For >10 To 50, Deduct -$21.38 Quantity Unit Price Factor Total Installation 36.00 x -0.48 x 1.2372 -21.38 64 05 05 19 00 0186 EA 518' Chemical Adhesive For Bolt, Dowel Or Threaded Rod $132.39 Quantity Unit Price Factor Total Installation 9.00 x 11.89 x 1.2372 132.39 epoxy for new dowels 65 05 05 19 00 0205 EA 114' x 3-114' Tapcon Masonry Screw $991.00 Quantity Unit Price Factor Total Installation 150.00 x 5.34 x 1.2372 991.00 tapcons to fasten Veranda lattice nailer 66 05 05 19 00 0205 0197 MOD For>100, Deduct -$178.16 Quantity Unit Price Factor Total Installation 150.00 x -0.96 x 1.2372 -178.16 67 05 05 23 00 1167 EA 114'-28 x 3', Hex Washer Head, TeksO 5 Self Drilling Screw $802.60 Quantity Unit Price Factor Total Installation 204.00 x 3.18 x 1.2372 802.60 fasteners for the installation of the temporary plywood 68 05 05 23 00 1167 0197 MOD For >100, Deduct -$108.53 Quantity Unit Price Factor Total Installation 204.00 x -0.43 x 12372 = -108.53 69 05 05 23 00 1180 EA #8 Diameter x 1-112' Length, 304118-8 Stainless Steel, Security Screw $736.13 Quantity Unit Price Factor Total Installation 250.00 x 238 x 1.2372 = 736.13 screws to fasten Veranda divider and top and bottom caps 70 05 05 23 00 1180 0197 MOD For >100, Deduct -$89.70 Quantity Unit Price Factor Total Installation 250.00 x -0.29 x 12372 - -89.70 Contractor's Price Proposal - Detail Page 7 of 12 1700/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 05 71 05 05 23 001343 EA 5/8" Diameter, Hot Dipped Galvanized Steel, Low Carbon/Grade 2 Hex Nut $11,91 Quantity Unit Price Factor Total Installation 9.00 x 1.07 x 1.2372 11.91 nuts 72 05 05 23 00 1425 EA 5/8' Inside Diameter, Hot Dipped Galvanized Steel Flat Washer $9.69 Quantity Unit Price Factor Total Installation 9.00 x 0.87 x 1,2372 - 9.69 washers 73 05 12 23 00 0004 TON >30-65 LB/LF Beams, Girders And Columns MOD For >10 To 50, Deduct $41,71227 -$7.98 Quantity Unit Price Factor Total Factor Total Installation 6.56 x 5,139.49 x 1.2372 = 41,71227 Installation 43.00 x -0.15 x 12372 cross beams. 2 @ 12'x 40 Ibs/ft & 8 @ 38'x 40 lbs/Ft 77 06 11 16 00 0150 74 05 12 23 00 0006 TON >100-300 LB/LF Beams, Girders And Columns $2,147.38 $24,313.00 Quantity Unit Price Factor Total Instal lation= 6.60 x 2,977.52 x 12372 24,313.00 2.147.38 main beams. 1 @ 38'x 150 Ibs/ft & 1 @ 50'x 150lbs/ft lattice nailer Subtotal for Section - 05 78 06 11 16 00 0156 $69,241.64 Section - 06 $5,206.14 75 06 05 23 00 0020 EA 14 Gauge Joist Hanger, For 4'x 6'-4' x 8' Joist, Also Acceptable For Beam Total $364.95 Hangers Installation 800.00 x 5.26 x 1.2372 = 5,206.14 Quantity Unit Price Factor Total Installation 43.00 x 686 x 11.2372 = 364.95 LF 6" x 6", Pressure Treated, Heavy Timber Beam LTA2 straps $19,621.00 76 06 05 23 00 0020 0103 MOD For >10 To 50, Deduct -$7.98 Quantity Unit Price Factor Total Installation 43.00 x -0.15 x 12372 -7.98 77 06 11 16 00 0150 LF 2" x 6" Pressure Treated Wood Blocking To Concrete $2,147.38 Quantity Unit Price Factor Total Installation 384.00 x 4.52 x 1.2372 = 2.147.38 lattice nailer 78 06 11 16 00 0156 SF 3/4" Thick Pressure Treated Wood Lattice $5,206.14 Quantity Unit Price Factor Total Installation 800.00 x 5.26 x 1.2372 = 5,206.14 new Veranda wood lattice 79 06 13 23 00 0041 LF 6" x 6", Pressure Treated, Heavy Timber Beam $19,621.00 Quantity Unit Price Factor Total Installation 1,920.00 x 8.26 x 1.2372 = 19,621.00 cribbing under the existing house to shore building 80 06 65 00 00 0045 LF 11/16"x 1-5/8' Drip Cap, Plastic Molding $2,080.87 Quantity Unit Price Factor Total Installation 384.00 x 4.38 x 1.2372 = 2,080.87 Veranda PVC cap. top and bottom of new lattice 81 06 65 00 00 0049 LF 1" x 4" Extruded Polyvinyl Chloride (PVC) Trimboard $890.98 Quantity Unit Price Factor Total Instal lation= 112.00 x 6.43 x 1.2372 890.98 Veranda PVC divider strip Subtotal for Section - 06 $30,303.34 Contractor's Price Proposal - Detail Page 8 of 12 17110/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 08 - - 82 08 52 11 00 0161 SF Removal And Reinstallation Of Wood Windows And Frames $6,511.63 Quantity Unit Price Factor Total Installation 360.00 x 14.62 x 12372 = 6,511.63 removal and salvage of the existing windows and turned over to the owner Subtotal for Section - 08 $6,511.63 Section - 26 83 26 05 29 00 0600 EA 48" x 46", 3" Thick, Polymer Concrete, Electrical Equipment Pad $4,118.09 Quantity Unit Price Factor Total Installation= 8.00 x 416.07 x 1.2372 4,118.09 equipment pads to disperse the weight of the hydraulic jacks Subtotal for Section - 26 $4,118.09 Section - 31 84 31 05 13 00 0007 CY Common Fill, Native Soil/Dirt $33,504.76 Quantity Unit Price Factor Total Installation 759.00 x 35.68 x 12372 = 33,504.76 fill dirt 85 31 05 13 00 0007 0057 MOD For >96, Deduct -$5.662,38 Quantity Unit Price Factor Total Installation 759.00 x -6.03 x 1.2372 -5.662.38 86 31 05 16 00 0008 CY #57 Stone Aggregate Fill (3/8" To 1") $978,08 Quantity Unit Price Factor Total Installation 16.00 x 49.41 x 1.2372 = 978.08 stone for stabilization underneath hydraulic jacks 87 31 05 16 00 0008 0054 MOD For >8 To 16, Add $97,79 Quantity Unit Price Factor Total Installation 16.00 x 494 x 1.2372 = 97.79 88 31 11 00 00 0002 ACR Clear And Grub Light Trees Up To 6" Diameter, Cut And Chipincludes grub and $6,148.07 removal of stump Quantity Unit Price Factor Total Installation 100 x 4,969.34 x 12372 = 6,148.07 dear and grub around the existing residence 89 31 11 00 00 0015 CY Machine Loading Of Cleared And Grubbed Material $152,32 Quantity Unit Price Factor Total Installation 18.00 x 684 x 1.2372 = 152.32 loading of cleared material 90 31 23 16 36 0009 CY Excavation For Building Foundations And Other Structures By Hand in Soil $1,562,09 Quantity Unit Price Factor Total Installation 20.00 x 63.13 x 12372 = 1,562.09 excavating new footings 91 31 23 16 36 0009 0013 MOD For Excavation In Heavy/Wet Material (Class C), Add $624.79 Quantity Unit Price Factor Total Installation 20.00 x 25.25 x 12372 = 624.79 92 31 23 16 36 0012 CY Relocating On Site Excavated Material From Excavation For Building $76.21 Foundations and Other Structures >100' to 300' Quantity Unit Price Factor Total Installation= 20.00 x 3.08 x 1.2372 76.21 moving excavated soils from underneath the residence to the skid steer for disposal Contractor's Price Proposal - Detail Page 9 of 12 1720127/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 31 93 31 23 16 36 0012 0018 MOD For Up To 20, Add $76.21 Quantity Unit Price Factor Total Installation 20.00 x 3.08 x 1.2372 76.21 94 31 23 16 36 0012 CY Relocating On Site Excavated Material From Excavation For Building $2,892.23 Foundations and Other Structures >100' to 300' Quantity Unit Price Factor Total Installation 759.00 x 3.08 x 1.2372 2,892.23 relocating fill from truck to areas around structure 95 31 23 16 36 0018 CY Backfilling Around Building Foundations And Other Structures By Hydraulic $3,436.87 Excavator, Backhoe, Loader Quantity Unit Price Factor Total Installation 759.00 x 3.66 x 1.2372 3,436.87 backfilling around structure 96 31 23 16 36 0021 CY Compaction Of Fill Or Subbase For Building Foundations and Other Structures $5,549.70 by Vibratory Plate, Air Tamper, Etcetera Quantity Unit Price Factor Total Installation 759.00 x 5.91 x 1.2372 5,549.70 compaction of fill dirt 97 31 23 16 36 0022 CY Compaction Of Fill Or Subbase For Building Foundations and Other Structures $489,44 by Hand Quantity Unit Price Factor Total Installation= 20.00 x 19.78 x 1.2372 489.44 compaction of footings 98 31 23 16 36 0024 SY Rough Grading For Building Foundations And Other Structures by Machine $62,87 Quantity Unit Price Factor Total Installation 77.00 x 0.66 x 1.2372 62.87 rough grade around structure 99 31 23 16 36 0025 SY Finish Gracing For Building Foundations And Other Structures by Machine $101.93 Quantity Unit Price Factor Total Installation= 77.00 x 1.07 x 1.2372 101.93 finish grading around structure 100 31 23 16 36 0026 SY Finish Gracing For Building Foundations And Other Structures by Hand $1,156.04 Quantity Unit Price Factor Total Installation 160.00 x 5.84 x 1.2372 1,156.04 finish grading around piers 101 31 23 19 00 0004 LF >100' To 250' In Length Well Point System Delivery, Installation And Removal $9,229.51 Quantity Unit Price Factor Total Installation 200.00 x 37.30 x 1.2372 9,229.51 dewatering during construction of footers 102 31 23 19 00 0011 LFD >100' To 250' In Length Well Point System Rental (LF x Days = Quantity) $16,479.50 Quantity Unit Price Factor Total Installation 12,000.00 x 1.11 x 1.2372 16,479.50 dewatering during construction and placement of footers 103 31 23 19 00 0011 0127 MOD For >1 Month, Deduct -$4,602.38 Quantity Unit Price Factor Total Installation 12,000.00 x -0.31 x 1.2372 -4,602.38 104 31 23 19 00 0016 HR Operation Costs $20,741.41 Quantity Unit Price Factor Total Installation 310.00 x 54.08 x 1.2372 20,741.41 dewatering during construction of footers Contractor's Price Proposal - Detail Page 10 of 12 1730/27/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Section - 31 105 31 25 14 26 0004 LF 2' High Silt Fence with Stakes at 6' On Center $934,09 Quantity Unit Price Factor Total Installation 500.00 x 1.51 x 1.2372 934.09 silt fence for erosion control 106 31 25 14 26 0017 LF Removal Of Silt Fence And Stakes $259.81 Quantity Unit Price Factor Total Installation 500.00 x 0.42 x 1.2372 259.81 removal of silt fence 107 31 31 16 13 0003 SF Termite Pretreatment, Commercial Slab And Walls $1,549.96 Quantity Unit Price Factor Total Installation 1,440.00 x 0.87 x 1.2372 1,549.96 termite treatment Subtotal for Section - 31 $95,838.92 Section - 32 108 32 11 23 16 0006 SF 6' Crushed Aggregate Base Course For Sidewalks $154,77 Quantity Unit Price Factor Total Installation 90.00 x 1.39 x 1.2372 154.77 base for the sidewalk 109 32 11 23 16 0006 0012 MOD For Up To 1,000, Add $42,31 Quantity Unit Price Factor Total Installation 90.00 x 0.38 x 1.2372 42.31 110 32 11 29 13 0002 SY 6' Thick FDOT Limerock $1,850.72 Quantity Unit Price Factor Total Installation= 33.00 x 45.33 x 1.2372 1,850.72 stabilized subgrade for marl path and sidewalk 111 32 11 29 13 0002 0008 MOD For Up To 500, Add $396.84 Quantity Unit Price Factor Total Installation 33.00 x 9.72 x 1.2372 396.84 112 32 15 40 00 0004 CY Limestone Screenings For Trail $2,338,60 Quantity Unit Price Factor Total Instal lation= 32.00 x 59.07 x 1.2372 2,338.60 marl pathway 113 32 16 23 00 0013 SF 6' Cast In Place Concrete Sidewalk With Fiber Mesh $84736 Quantity Unit Price Factor Total Installation= 90.00 x 7.61 x 1.2372 847.36 concrete sidewalk 114 32 16 23 00 0013 0091 MOD For Up To 100, Add $325.14 Quantity Unit Price Factor Total Installation= 90.00 x 2.92 x 1.2372 325.14 115 32 31 13 13 0016 CF Jackhammer Post Hole In Rock $2,132.10 Quantity Unit Price Factor Total Installation 49.00 x 35.17 x 1.2372 2,132.10 jackhammer existing blocks 116 32 92 23 00 0048 MSF >1,000 To 4,000 SF, Bahia Argentine Sod, Installed On Level Ground $5,120.89 Quantity Unit Price Factor Total Installation 810 x 511.00 x 12372 = 5,120.89 sod Contractor's Price Proposal - Detail Page 11 of 12 1740127/2022 Contractor's Price Proposal - Detail Continues.. Work Order Number: 108749.00 Work Order Title: Indian River County - Jones Pier Residence Subtotal for Section - 32 $13,208.73 Section - 33 117 33 05 07 23 0020 EA >36" Horizontal Jacking Minimum Set-up ChargeFor projects where the total $7,017.74 horizontal jacking charge is less than the minimum set-up charge, use this task exclusively. This task should not be used in conjunction with any other tasks in this section. Quantity Unit Price Factor Total Installation 1.00 x 5,672.28 x 1.2372 7,017.74 set up hydraulic crib jacks, hoses and system Subtotal for Section - 33 $7,017.74 Proposal Total $460,629.70 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractors Price Proposal - Detail Page 12 of 12 17,90/27/2022 [;�NNNIUVM'= Subcontractor Listing Date: October 27, 2022 Re: IQC Master Contract* FL-RIO-GC11-111821-JLC Work Order #: 108749.00 Owner PO #: Title: Indian River County - Jones Pier Residence Contractor: Johnson-Laux Construction, LLC Proposal Value: $460,629.70 Name of Contractor Duties Amount No Subcontractors have been selected for this Work Order $0.00 0.00 Subcontractor Listing Page 1 of 1 1700/27/2022 JOHNSON iih LAUX CON STRU CTI() PROJECT: Indian River County: Jones' Pier Residence SUBJ: Scope of Work 650 GARDEN COMMERCE PARKWAY, SUITE 100 WINTER GARDEN, FL 34787 PHONE 407.770.2180 FAx 407.770.2181 09/22/2022 Summary Scope: This project consists of raising and shoring the existing house in order to construct a new foundation underneath. This is located at 7770 Jungle Trail, Vero Beach, FL 32963. Detailed Scone of Work: Provide labor, material, and equipment in accordance with the site walk performed on 7/28/2022 and the scope review call on 8/23/2022. Also reference the drawings by Donadio and Associates dated: 05/10/2021. - Cut and fill earth around the historic house - Horizonal and vertical survey control points and foundation layout survey is included with as-builts - Termite protection - Utility Locating - Material testing - Window removal and salvage is included o Windows are to be turned over to the owner for storage - Removal of existing concrete stairs and lattice - Lifting and shoring of the residence o Signed and sealed shoring plan is included - Remove existing block cmu foundation supports o Removal of any existing footing is excluded and is an unforeseen condition. If it is discovered that there is a foundation underneath the stacked blocks this will be addressed via supplemental change order - Sanitization and wipe down of interior walls is included for mildew control - Provide connectors underneath the existing house - Concrete stairs not included - Wood framed landing, stairs, and railing not included - Metal handrail on wood stairs not included - Provide new foundation and piers for building envelope only o Dewatering is included o Concrete foundations, stem walls, connectors and straps for the concrete and wood framed stairs are not included - New marl pathway - New sidewalk - New doweling connections to existing sill plate o Patching of interior walls is to be unfinished plywood - Provide PVC lattice 177 JOHNSON oli, LAtx C U N S T x U C T 1 0 N Clarifications: - Work to be performed during normal/regular business hours as defined: Monday through Friday, 7:00am to 3:30pm with holidays excluded - No interior work is to take place other than what is specifically stated in the detailed scope of work above - Owner is responsible for all power, water, HVAC, and wastewater safe -off and disconnection - Over excavation/57 stone is not included for the footers - Lead, asbestos, and mold abatement not included. If TCLP sampling testing determines that the lead is hazardous, hazardous waste removal will be addressed via supplemental change order - Geotechnical evaluation is excluded - Any specialty permitting is not included such as environmental, discharge permit for dewatering, historical, etc. - Building permit fee included - Dumpster to be provided by GC - Certified Payroll / Davis -bacon wages are to be applied per determination provided - Liability insurance included - Builder's risk insurance included - Bond included - Any engineering, design, or drawings by JLC are excluded - Certified As-Builts survey included - No Liquidated Damages - Any unforeseen conditions are excluded - Johnson-Laux Construction is not responsible for delays to the schedule caused by other contractors www.johnson-la m CGC'.[ �fitl i ( { | � j | | � .| £ / |! ,; : ,| \ �| � \ !: .. � � !� '� � ! � � ! a . |� !/ � � � !� '� || j . . �� ( � |.|_ |:|!" || t:.,. .|_ ■:!1-,.-.-.: ,__ || 22§ . . _ j{�} � !� \ (\k\ � / .��; !}\/§ \�! ��$)!l��$!$$��!! !$�! ,[ � ! � |I . a | ! � | � � . { �� - ` |: � ! � - . ; | \ /\ � � !! �\ � , � _ ! !! ! ! !.,! ||_! ] �! )� § {f ! . -. ., . . � f;�.® _,!!) | ��!}||! \� �f\ )�\! ) {)\ � |&{{f !§ � %k§§\ ` ��){)�2� �.� _)!�!!!!§{ �/�}))\f{}�\}�){;)�� .1,....��..�. �� !!!| � 3;|f;f!!;!!;�|!|`!|! iia,! — . „ ��<�.� a;�:�,,��.�l�.��fi�! ■, Jones' Pier Conservation Area Elevation of the Historic Bungalow BOCC Meeting November 08, 2022 General Services Dept •Conservation Lands 11 Beth Powell • bpowell@ircRov.com Wendy Swindell • wswindell@ircgov.com 12/19/2022 ttIq , 1 Jones' Pier Conservation Area Purchased 2008 ■ Purchased by Indian River County September 2008 - $6.75M ■ 45% Cost -share Partner Florida Communities Trust/Management Plan t and Grant Award approved April 2018 ■ Caretaker lease with Mr. Richard Jones until his passing in March 2011 ■ Purchased to protect the environmental and historical significance of the site ■ Public use improvements an integral part of the management plan and requirements for FCT Grant 12/19/2022 ttIq , 1 12/19/2022 ell — 2 12/19/2022 IIq - 3 Summary of Jones' Pier Grant Applications (2016 -Current) Grant Type of Grant Agency Funding IRC Match (Application) Status Timeframe DHR Rebuild fruit stand $27,550 $27,550 Awarded Complete FIND Parking and Pavilion $130 $234,000 To Be Completed by Awarded Construction ,000 11/15/2022 FIND Museum & Education $84,000 $84,000 Awarded To Be Completed by Exhibits 11/30/2023 IRLNEP Resource Enhancement $61,000 $159,155 Awarded Complete Saltmarsh HMGP Elevate structure $59,235 $19,745 Awarded Pending FDEP Resource Enhancement $50,000 $0 Awarded Complete Saltmarsh FWC Resource Enhancement $27,300 $0 Awarded Complete Living Shoreline TOTAL $ 439,085 $ 524,450 12/19/2022 IIq - 3 12/19/2022 I r19, 4 12/19/2022 q� - 5 Historic Bungalow Milestones I r -Apply for Hazard Mitigation Grant Program (HMGP) Funding (final approval received October 2020) ij Revise Jones' Pier Management Plan to include Interpretive Center & other proposed improvements (Approved by FCT November 2018) April 2020 - Apply for State Division of Historical Resources Grant for design of Interpretive Center (grant accepted by BOCC in 2021) - Apply for FIND grant in March 2020 to fund the design and construction of wayside exhibits within the Interpretive Center 12/19/2022 I rj q , 6 PZOPL2. COMMUVIPT, AURF. ' 1 r `.�p YYI 1 r , • Beth Powell • a -'" -�� bpowell@ircgov.com 772-226-1785 � rr .Indian River County Conservation Lands Program • Wendy Swindell • kv..'. _.. • . wswindell@ircgov.com 772-226-1781 �i .•� Lam' - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director THROUGH: Eric Charest, Natural Resource Manager FROM: Alexis Peralta, Stormwater Educator SUBJECT: Stormwater Summer Camp 2022 Recap DATE: October 31, 2022 DESCRIPTION Indian River County's Stormwater Summer Camp 2022 was a great success. Partnering with the Pelican Island Audubon Society, the 2022 Camp was hosted at the Audubon House on Oslo Road in Vero Beach. Over both week-long camp sessions, 13 campers participated in the educationally fun platform. Staff produced a video highlighting the camp and the many activities involved. Success of camp is not only determined by the enjoyment levels of the campers, but also their educational improvement. Stormwater staff gave campers a pre-test that included questions about stormwater, the Lagoon, pollutants, recycling, and more. The pre-test average score from all campers was 65%. At the end of camp they were given the same questions in a post-test with an average score of 82%! This is a significant increase in the awareness of our local environment and sustainable ways these kids can make a difference in protecting our Lagoon, County, and World. Staff is grateful to Pelican Island Audubon Society for their partnership. The Audubon House offered a great location for camp, the Audubon van offered exclusive transportation for camp field visits that is otherwise difficult and expensive to secure, and their executive director, Donna Halleran, provided wonderful co -leadership in facilitating the campers. FUNDING For the Summer 2022 Stormwater Camp, staff kept expenses under the $700.00 budgeted amount. RECOMMENDATION There is no Board action required on this item as this is a highlight of the Stormwater Summer 2022 Camp's success. APPROVED AGENDA ITEM FOR NOVEMBER 8. 2022 F:\Public Works\Personal Folders - Active\Alexis Peralta\Commission Meetings\Agenda Items\11.08.2022 Storm - Summer Camp Recap.doc Stdrmwateqr Summer w 4 Cam 2022 p By Alexis Peralta - Stormwater Educator Hosted at the Pelican Island Audubon House 2 weeks of Camp July 11 th - 15th Aug 1 St - 5th 13 campers total - and a few repeats! Proven growth: - Pre-test average: 65% - Post-test average: 82% - More confident in nature amp is physically and entally engaging for all e kids here." -Ocean lori Gaining knowledge: - Non -point source pollutants - Water quclity sampling/testinc - Reduce, Reuse, Refuse, Recycle & Compost - Biodiversity -Advocacy Working together: - Seining - Kayaking - Litter cleanups - Critical thinking Adventures in Multiple Scient Stormwater Camp touches on many scientific fields giving campers a well rounded intro to Environmental Science. - - -- Biological Diversity: _ Seining the Lagoon -, History of the Indian River Lagoon Local Government projects - Egret Marsh " Kayaking the Lagoon (Physical Education) c Disciplines Landfill Tour with Daily Composting/Recycling Erosion and Geodes Stormwater Watershed Presentation Water Quality Sampling & Testing (Chemistry) Interacting with Nature - � „' -•fir. So much Science in so little time! Camp Promo Video ig THANK YOU to everyone who participated! Pelican Island Audubon Society - Especially Donna Halleran Volunteer Stormwater Interns: Olivia and Samantha Audubon Volunteers: Aubrey, Ladd and Ricky Indian River County Recycling Sebastian Inlet State Park Clean Water Coalition Jasmine Circle - IRC Garden Club CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: 4111 Street Left Turn Lane (EB) at USI Property Address: 4086 Old Dixie Highway & 2185 41St Street, Vero Beach, FL 32960 Owner: Old Dixie 4086 LLC DATE: October 31, 2022 DESCRIPTION AND CONDITIONS Old Dixie 4086 LLC owns a 0.120 -acre parcel of property located at 4086 Old Dixie Highway, Vero Beach, FL 32960 and a 0.120 -acre parcel of property located at 2185 41st Street, Vero Beach, FL 32960. The subject properties consist of two vacant commercial zoned parcels located along the south side of 41" Street, between Old Dixie Highway and US1. The properties are zoned CG, General Commercial. Staff contacted Mr. Conner who represents Old Dixie 4086 LLC to purchase 0.08 acres of right-of-way from both of the parcels. Due to the size of the parcels, Mr. Conner stated that he would rather the County purchase both parcels in their entirety. Due to the size of the parcels and the need for stormwater treatment in this area, staff concurred with Mr. Conner's offer to purchase both parcels in their entirety consisting of 0.240 acres from both parcels for the 41st Street left turn lane (EB) at US1. The County obtained an appraisal and the appraised value is $65,000.00 for both parcels of General Commercial zoned land. Staff offered $65,000.00 to Mr. Conner to purchase the property. After a few weeks of negotiations all parties agreed on a $90,000.00 purchase price with the County paying all closing costs estimated at $700.00. FUNDING Funding for this project is programmed into the 2022 Capital improvement Element to be presented to the Board of County Commissioners on December 6, 2022. Account Name Account Number Amount Optional Sales Tax/ROW/ 41st Street Left Turn Lane (EB) at US1 31521441-066120-14001 $90,700.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $90,000.00, with an estimated $700.00 in closing costs to be paid by the County for purchase of the 0.240 acres of the properties located at 4086 Old Dixie Highway, Vero Beach, FL 32960 and 2185 41st Street, Vero Beach, FL 32960, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Conner Purchase Agreement APPROVED AGENDA ITEM FOR: November Stn 2022 181 AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND OLD DIXIE 4086 LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the q day of-z��, 202_, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Old Dixie 4086, LLC, ("the Seller) who agree as follows: WHEREAS, Seller owns properties located at 2185 41st Street, Vero Beach, Florida 32960 (Parcel A) and 4086 Old Dixie Highway, Vero Beach, Florida 32960 (Parcel B). Legal descriptions of the properties are attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County contacted the Seller to purchase the parcels of approximately 0.24 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property from willing sellers; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcels of real property located at 2185 41st Street, Vero Beach, Florida 32960 (Parcel A) and 4086 Old Dixie Highway, Vero Beach, Florida 32960 (Parcel B) and more specifically described in the legal descriptions attached as Exhibit "A", fee simple, containing a total of approximately 0.24 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Properties"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Properties shall be $90,000.00 (Ninety Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Properties by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility 182 easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Properties ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Properties. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property for the County's intended use. The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 1 Assessment upon reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the property shall be returned to its original condition, ordinary wear and tear excepted. 3.3 In the event that the Phase 1 Environmental Assessment does not come back as a "clean" report, this agreement is further contingent upon a "clean" Phase 2 Environmental Assessment of the Property for the County's intended use. The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 2 Assessment upon reasonable notice by the County. At the conclusion of the Phase 2 Assessment, the property shall be returned to its original condition, ordinary wear and tear excepted. 4. Representations of the Seller. 4.1 Seiler is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title, and authority to convey and transfer the Properties which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Sellor shall trake no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties; without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Properties, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 183 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Properties, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Prooerty. 7.1 The Seller shall have removed all of its personal property, equipment and trash 184 from the Properties. The Seller shall deliver possession of the Properties to County vacant and in the same or better condition that existed at the Effective Date hereof. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Properties. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9A Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Old Dixie 4086 LLC c/o Jamie Conner 38 Holiday Pt Rd Sherman, CT 06784 0 `DR If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Andrew Sechen Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 186 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC OLD DIXIE 4086, LLC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney mie C. Conner, Manager to 187 SPYS SUB OT 10 BS 2-36 SPYS SUB OT t BS 2-36 EXHIBIT "A" PARCEL A Street, Vero Beach, FL 32960 Parcel ID Number: 32-39-26-00008-0000-00010.0 PARCEL B Dixie Highway, Vero Beach, FL 32960 Parcel ID Number: 32-39-26-00008-0000-00001.0 Commonly known as: 2185 41 st Commonly known as: 4086 Old Q €$€ i j- P% 5 gg= as4 Ym8 �HISe�� .. ��99 gpgp�FB °eggsg.,�gg�y. ESI a s' }i%i 8 6 N SH II�`s�YY '%$ W S E MU W Ea sYi- IN 3 ' jt* `s!3XWi83 i$ -w M888 � :LL:EdY t aha, s, lit : = gull ID ; � ��g��.� s$�sg��g �_a�a Z W 0 m 21st Avem.e D Q _4ia T 4t Lu (n t Nnil I{ i{ W U) } � � i; �b � � : i 3e A �� 7•e �o Z O U _ 2 —�`_ 6 I oa v a Li W 1' LU W 05 Lu LU F— ga {i ii a P ' Ewt Z O�vIY �s W F m - Z �a fi H X ilii �zCp n � J a jig � cc Gia 0 Go T— I m w a rn / q : i I: II i = V, al 'fir §Y }2iui O /m kpp8i Z N hanl3 '" iP¢ '' Till'. W� °y` L$ "st4? ntY gs as $gig 3 cn W; e "$ !s it D €' tilt € I$ W it 4.1 11M In Z Q rn / q : i I: II i = V, al 'fir §Y }2iui : 2!s! Avenue /m Z N Z W LLJ a W z Q s Z 3 / q : i I: II a ! al 'fir §Y W, W Q Z N Z W LLJ a W z Q co Vz 0 Y2 4 !`i _s pp1� W;. ,o� NX.—at'- WC) W�+4�� > ''w^ >it Yom; +9 rya SSE $ i,ro-'+ ,� • Zz Z ,i 3r Yre4pP O Q Q � Z t': i l,. al"�,reO�H'��.�C.0.�.•rrh''k} //� Z m / q : i I: II W LLJ cn !s w Li.l �\a.yt�,�Y �_`–rte i< •j K tl R YI 0 A H s� Of Ce Of Attorney's Matters 11/8/2022 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners FROM: Susan Prado, Assistant County Attorney DATE: November 2, 2022 ATTORNEY SUBJECT: Authorization to proceed with foreclosure on Code enforcement cases: 2019110025 and 2020050067 (560 Stoney Brook Farm Ct.) (Suncor Ft. Pierce, LLC) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on October 24, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2019110025 (560 Stoney Brook Farm Ct.) (Suncor Ft. Pierce, LLC): This code enforcement action started in 2019 with a complaint regarding overgrown weeds, swimming pool maintenance, and swimming pool enclosure violations. This was a repeat violation from a prior case in 2018 for which there is not a lien on the property as the property was brought into compliance. There was an evidentiary hearing on November 25, 2019 at which time the respondent was found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondent was given until December 2, 2019 to correct the violations. At a compliance hearing held on January 27, 2020, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3278, Page 515 of the Public Records of Indian River County. Case Number 2020050067 (560 Stoney Brook Farm Ct.) (Suncor Ft. Pierce, LLC): This code enforcement action started in May 2020 with a complaint for pool safety barrier, 191 Code Enforcement Foreclosures November 3, 2022 12 expired pool and fuel gas permit, and expired residential building permit. There was an evidentiary hearing on June 22, 2020 at which time the respondent was found in violation of IRC Code. The respondent was given a time frame to correct. At a compliance hearing held on July 27, 2020, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3331, Page 225 of the Public Records of Indian River County. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000 and will be paid out of MSTU/Environmental Planning/Legals Services, Account #00420724-033110. This funding will be offset by any revenues received through the foreclosure process, after previous costs are recovered. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Orders imposing fines for case numbers 2019110025 and 2020050067. Deed for case numbers 2019110025 and 2020050067. 192 10/31/22,4:02 PM Landmark Web Official Records Search 3120200049162 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3331 PG: 225,8/21/2020 3:53 PM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: SUNCOR FT PIERCE LLC 1609 91 ST CT VERO BEACH, FL 32966 , Respondents CEB Case No. 2020050067 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on June 22, 2020, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On July 27, 2020, this Board conducted a compliance hearing to determine whether the Board's order of June 22, 2020, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist an unsecured swimming pool and expired permits in the RS -3 Zoning District, which constitutes the use of the property in violation of Section(s) 105.1 FBC, 424.2.17, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of June 29, 2020, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENTS for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 560 STONEY BROOK FARM CT VERO BEACH Tax Parcel ID No. 33-38-14-00002-0000-00071.0 Legal Description: LOT 71, STONEY BROOK FARM SUB, PBI 19-41 beginning June 30, 2020. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED July 27, 2020, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tune. 193 https://ori.indian-dver.orglsearchrindex?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection= # 112 10/31/22,4:02 PM BK: 3331 PG: 226 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this j� day of , 2020. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA ATTEST: By: Vanessa Desnoyers David My , C-hairtnan Recording Secretary Indian River County Code Enf*'q t Board ' .. L CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true copy of the foregoing Order IrnposiqA Fin as provid`c#b' yt �e above - name Respon ent(s) by first class U.S. Mail addressed to the abov .s cified dresses this �'"day of 2020. Vffnessa Des rs, Recording Secretary REVEWD AS TO LEGAL FORM: NO D. P e s 111r, dvising Attorney CEB Case No. 2020050067 Code Officer: VANESSA CARTER SOLOMON STATE OF FLORIDA - INDIAN RIVER COUNTY THIS B TO CERTIFY THAT THIS ISA t y TRUE AND CORRECT COPY PpFTHf ORIGNAL ON FILE IN THIS OCE./ r WTI https:/lori.indian-dver.orglsearchlindex?theme=.blue&section=searchCriteriaBookPage&quickSearchSeleebon= # 2/2 10/31/22, 3:59 PM Landmark Web Official Records Search 3120200010208 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3278 PG: 515, 2/19/2020 9:33 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: SUNCOR FT PIERCE LLC CIO MICHAEL GAROFALO, REGISTERED AGENT 1609 91 ST CT VERO BEACH, FL 32966 , Respondent CEB Case No. 2019110025 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on November 25, 2019, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On January 27, 2020, this Board conducted a compliance hearing to determine whether the Board's order of November 25, 2019, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist overgrown grass and weeds in excess of twelve inches and an unsecured, unmaintained swimming pool in the RS -3 Zoning District, which constitutes the use of the property in violation of Sections 973.03(1), 403.12, 424.2.17, of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of December 2, 2019, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENTS for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 560 STONEY BROOK FARM CT VERO BEACH Tax Parcel ID No. 33-38-14-00002-0000-00071.0 Legal Description: LOT 71, STONEY BROOK FARM SUB, PBI 19-41 beginning December 3, 2019. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHEI, REAL OR U PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida c Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter Q Z � may be obtained by contacting the Code Enforcement Section of the Community Development Department 16 m of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. � 0 W- '^ C, DONE AND ORDERED January 27, 2020, at Vero Beach, Indian River County, Florida, in Q j ^ u- accordance with a ruling made by this Board in open session on said date, nunc pro tunc. Q?_ EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested 2 C C. and countersigned by the Recording Secretary of such Board this day of 2020. O r� �.11195 https://ori.indian-dver.org/search/index?theme=.blue&section=searchCrite riaBookPage&quickSearch Selection= # 1/2 10131/22, 3:59 PM BK: 3278 PG: 516 ATTE : f� isa Carlson Recording Secretary Landmark Web Official Records Search CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA B D yers II, hair man c oV; I Indian River Cou ty Code Enforcement �3oSdrd HCl C{J:. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided.tb named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this ?. dad' b} a , 2020. 6f --isa Carlson, Recording Secretary AS TO LEGAL FORM: :r D. Pest Advising CEB Case No. 2019110025 Code Officer: VANESSA CARTER SOLOMON STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. SECRETARY CODE ENFORCEMENT BOARD BY: DATE: Mi https://ori.indian-dver.org/searGh/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 2/2 3120180051987 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3143 PG: 433.8/22/2018 3:04 PM D DOCTAX PD $0.70 3120180044699 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3134 PG: 1375,7/20/2018 10:47 AM D DOCTAX PD $7,700.00 Prepared by and return to: Mark B. Goldstein, Esq. Mark B. Goldstein, P.A. 2700 N. Military Trail Suite 130 Boca Raton, FL 33431 Fite Number: TO -180501 Will Call No.: eRecording Above'ni s Line For Recording Datal **This deed is being re-recorded to add the name of the Attorney -in Fact to the Notary Warranty Deed Jurat. This Warranty Deed made this le) day of July, 2018 between Suncor Vero Beach, LLC, a Florida limited liability company whose post office address is 601 N. Congress #302, Delray Beach, Ff.. 33445, grantor, and Suncor Ft, Pierce, LLC, a Florida limited liability company whose post office address is 1609 91st Court, Vero Beach, FL 32966, grantee: (Whenever used herein the terms "grantor" and "grantee" include till the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witilesseth, that said grantor, for and in consideration of the sum of TEN AND AT0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Lots 21, 23, 71, 97, 104 and 106, STONEY BROOK FARM, according to the plat thereof as recorded in Plat Book 19, Page 41 through 44, Public Records of Indian River County, Florida. PARCEL IDENTIFICATION NUMBERS: 33381400002000000106.0 - Lot 106 a/k/a 450 Pittman Ave. 33381400002000000021.0 - Lot 21 a/k/a 450 Stoney Brook Farm Ct. 33381400002000000097.0 - Lot 97 a/k/a 445 Stoney Brook Farm Ct. 33381400002000000071.0 - Lot 71 a/k/a 560 Stoney Brook Farm Ct. 33381400002000000023.0 - Lot 23 a/k/a 430 Stoney Brook Farm Ct. 33381400002000000104.0 - Lot 104 a/k/a 430 Pittman Ave. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. DoubleTirnes 197 BK: 3143 PG: 434 BK: 3134 PG: 1376 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Suncor Vero Beach, LLC, a Florida limited liability company 1 By. Witness Nam -C G A thou Vere, Managerr=,� ee fitness Name: �A,r, - ��f e.,,, „ BY Witness ame: �,TcSanna Verderame, Manager C� A� �Vitn� am'. State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of July, 2018 by Anthony and Joanna Verderamt,*Manager of Suncor Vero Beach, LLC, a F Arida limited 1' 1ity company a behalf of said firm. They [j are personally known or [Xj have produced a driverMZ, fi� ** by Lee H. Goldberg as Attorney—in—fact ��"t�wajsl�"'�r,,� [Notary Seal] ��`� eta. h�/s�''% Notary Public 4o"N *. l rea i ��iC0t2Qi4 — Printed Name: Cpmm15510D 11 . My Commission Expires: d, . FF988399. Q ANO I'�'��1711111t11�" Warranty Deed - Page 2 erderame, Manager Suncor Ft. Pierc, or, DoubleTimew November 8,2022Foreclosure Cases 56o Stoney Brook Farm Ct., Vero Beach January 2020 History There are two separate cases on this property 2019110025 and 2020050067. • On the 2019 case a notice of hearing was sent via certified mail and the property was posted by the code officer on November 12, 2019 for a repeat violation (there was a prior 2oi8 case). • The evidentiary hearing took place on November 25, 2019 where an order finding violation for overgrown weeds, swimming pool maintenance, swimming pool enclosure was issued and gave a compliance date of December 2, 2019. • At the compliance hearing on January 27, 2020 the respondent was found to not be in compliance and a fine of sioo per day was imposed. 56o Stoney Brook Farm Ct., Vero Beach January 2021 Continued History • In the 2020 case the notice of hearing was sent via certified mail and the property was posted by the code officer on may 19, 2020. • The evidentiary hearing took place on June 22, 2020 where an order finding violation for expired residential building permit, expired pool and fuel gas permit failure to provide required pool safety barrier/fence was issued. • An order imposing fine of $loo per day was issued at the compliance hearing on July 27, 2020 56o Stoney Brook Farm Ct., Vero Beach • This photograph was taken on 10/12,/-22- January 0/12,/22 56o Stoney Brook Farm Ct., Vero Beach January 3, 2022 Recommendations • Staff is requesting guidance from the Board of County Commissioners as weather to move forward with foreclosure action on the code enforcement liens for both the 2o1g and 2020 cases. Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /3e Office Of County Attorney's Matters 11 /08/2022 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Ryan Sweeny, Chief Planner ATTORNEY FROM: William K. DeBraal, Deputy County Attorney DATE: November 3, 2022 SUBJECT: Fifth Addendum to Agreement between Indian River County and REDEVGROUP, Inc. for Lot 5, Plat of Indian River Mall Lot 5, Plat of Indian River Mall is an undeveloped 4.7 -acre parcel of property on State Road 60, just west of the Wendy's restaurant near the main entrance to the Indian River Mall. It is owned by IR Mall Associates, LTD and marketed by REDEVGROUP, Inc. At the time the plat for the Mall was moving forward, environmental studies revealed the existence of hand fern, a species of critical concern, on the mature trees growing on Lot 5. In 1994, as a condition of County Resolution 94-93, which serves as the Development Order (D.O.) for the Indian River Mall, a conservation easement was established over Lot 5. The Lot 5 conservation easement contained a clause which allowed release of the easement provided alternative conservation land of equal or greater environmental value was protected to fulfill the intent of the D.O. Early in 2018, REDEVGROUP approached the County with a report concluding that the hand fern was no longer found on Lot 5. REDEVGROUP asked the Board to release the conservation over Lot 5 in exchange for two parcels: • Property 1: "The Alice Siew Property," approximately 9.17 acres (4 contiguous tax parcels) of riverfront coastal wetlands north of and adjacent to the County -owned Oyster Bar Marsh Conservation Area: or • Property 2: "The Kinner Property," approximately 10.3 acres of riverfront coastal wetlands south of Quay Dock Road, north of Spoonbill Marsh, adjacent to conservation land owned by the Indian River Land Trust (IRLT). Also included was a payment of $291,819.00 to the County to be used for public access improvements to county -owned conservation lands. At its meeting on June 12, 2018, the Board of County Commissioners approved an Agreement between Indian River County and REDEVGROUP, Inc. to allow for release of the conservation easement on Indian River Mall Lot 5 in exchange for alternative conservation land and special development restrictions on Lot 5. The development restrictions included the following: • Pervious area of the Lot must be at least 44%, with no building, paving or construction on the southern most 75' of the Lot. 0 At least 6 specimen trees preserved. 199 Lot 5 Indian River Mall October 27, 2022 12 • State Road 60 corridor code requirement would apply. • No single building footprint could exceed 7,200 square feet with all buildings being separated by at least 50 feet. Three months after the June 12 agreement was approved, REDEVGROUP approached staff with a First Addendum to Amend Agreement that contained a third alternative proposal that the Board considered at its September 11, 2018 meeting. The third alternative was a combination of portions of both the Siew Property and the Kinner Property. This third proposed alternative was described as follows: • REVDEVGROUP conveyance of the +10.3 acre Kinner Property to the IRLT (Indian River Land Trust) with a conservation easement over +8.8 acres in favor of Indian River County covering all but the east 150 feet of the Kinner Property, together with conveyance of +7.87 acres of the Siew Property to the County (all but the eastern ±1.3 acres of the originally proposed Siew Property). The third alternative exchange option, which combined and protected the majority of both the Siew and Kinner properties (i.e., ±16.67 protected acres combined), provided greater ecological value than the current 4.7 acre I. R. Mall Lot 5 easement, and therefore was approved by the Board on September 11, 2018. An aerial photo of Lot 5 is depicted in Figure 1 below. Figure 1. Aerial Photo of Lot 5, Plat of Indian River Mall Staff was again approached by REDEVGROUP for a Third Addendum to the original Agreement. As part of the original Agreement, four deed restrictions were recorded concerning Lot 5. REDEVGROUP asked to amend the deed restrictions concerning the 7,200 square foot limitation to 200 Lot 5 Indian River Mall October 27, 2022 13 allow the size of one building to be 7,800 square feet, asserting that one of the potential restaurants interested in building on Lot 5 has a standard template which is just less than 7,800 square feet. In exchange for the size increase for the one building, the remaining buildings could not exceed an average of 7,200 square feet. On November 10, 2020, the Board approved the amendment, but increased the building size limit to Staff to 8,000 square feet with no change in the other restrictions. On July 13, 2021, REDEVGROUP appeared before the BCC with a proposed Fourth Addendum to Agreement as Texas Roadhouse, Inc. had expressed interest in building a restaurant on Lot 5. With the advent of COVID 19, restaurant designs changed, including increased room for carryout service, increased room when waiting for a table, greater distances between tables and additional outdoor dining space. REDEVGROUP asked to amend the 8,000 square foot building restriction and increase it to 8,225 square feet in size. The Board approved the expansion to 8,225 square feet as there were no other changes to the original restrictions on Lot 5 tree preservation, building sizes or open space requirements. Texas Roadhouse, Inc. has signed a lease agreement with REDEVGROUP to build a Texas Roadhouse restaurant on Lot 5, however, when the prototype building plan was examined more closely by its project engineer, it was discovered that the building's footprint would exceed the 8,225 square foot footprint previously approved. REDEVGROUP now asks the Board to allow Roadhouse to increase the building footprint of the restaurant to 9,400 square feet. The larger footprint will account for increased sizes for carryout service, waiting area for a table, distances between tables and covered outdoor/open air dining space. As with the earlier addendums, there is no change to the original restrictions on Lot 5 tree preservation, other building sizes or open space requirements. Staff has no objection to the Fifth Addendum. FUNDING. There is no impact to County funds with this Fifth Addendum. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Fifth Addendum to Agreement between Indian River County and REDEVGROUP, Inc., and authorize the Chairman to execute the Fifth Addendum on behalf of the Board. Attachments: Fifth Amendment to Agreement between Indian River County and REDEVGROUP, Inc. Fourth Amendment and Restatement of Declarations of Restrictive Covenants Copy to: Ryan Sweeney, Planning Director Bruce Barkett, Esq., REDEVGROUP, Inc. 201 FIFTH ADDENDUM TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS FIFTH ADDENDUM is made and entered into this day of , 2022, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, County and Developer entered into an Agreement dated June 12, 2018, ("Agreement"), which Agreement has been amended by the First, Second, Third and Fourth Addendums thereto; and WHEREAS, County and Developer desire to further amend the Agreement as described herein; NOW, THEREFORE, for in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, County and Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. Section 4 of the Agreement is hereby amended to read as follows (words underlined are additions; words stmek threes are deleted): Section 4: Developer shall record a Declaration of Restrictive Covenants which will restrict the development of Lot 5 with the following standards: a. The combined pervious and stormwater areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' of property (this area shall be used for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved. C. No single building footprint shall exceed Q� 9,400 square feet, and onsite buildings shall be separated by a minimum of 50 feet. The average size of all buildings shall be 7,200 square feet or less. d. State Road 60 criteria, parking, setbacks and buffers shall apply per code. 202 3. Except as amended or restated by this Addendum, the Agreement and all of its terms and conditions remains in full force and effect. REDEVGROUP, INC., a Florida Profit Corporation By: Print Name: Its: WITNESS: WI'T'NESS: (Corporate seal is acceptable in place of witnesses) BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORIDA By: Print Name: _ Its: BCC Approved: Attest: By: Name: (Approved as to Form and Legal Sufficiency) 2 203 Prepared by and return to: Bruce D. Barkett, Esquire Collins Brown Barkett, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 Tele: (772)2314343 FOURTH AMENDMENT AND RESTATEMENT OF DECLARATION OF RESTRICTIVE COVENANTS THIS FOURTH AMENDMENT AND RESTATEMENT OF DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made effective as of the day of 2022 (the "Effective Date") by IR Mall Associates, LTD, a Florida limited partnership, having an address of 225 W. Washington Street, Indianapolis, IN 46204 ("Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the property described as follows (the "Property"): Lot 5, Indian River Mall - The Mall Subdivision, according to the plat thereof, as recorded in Plat Book 14, Pages 59 and 59A, Public Records of Indian River County, Florida WHEREAS, Declarant subjected the Property to that Declaration and Restrictive Covenants, recorded at Official Record Book 3196, Page 33; that Amended and Restated Declaration of Restrictive Covenants recorded at Official Record Book 3204, Page 2365; and that Second Amendment and Statement of Declaration of Restrictive Covenants recorded at Official Record Book 3357, page 490; and that Third Amendment and Restatement of Declaration of Restrictive Covenants recorded at Official Record Book 3446, page 840 all in the Public Records of Indian River County, Florida; and WHEREAS, Declarant desires to further amend and restate the Declaration; and NOW, THEREFORE, in consideration of the agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby agrees and declares as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Develo2ment Standards: From and after the recording of this Declaration, the Property shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes and regulations; provided, however, the development and use of the Property shall be restricted by the following standards ("Development Standards"): r a. The combined pervious and storm water areas shall not be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' pf property (this area shall be used for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved on site. C. No single building footprint shall exceed 9,400 square feet and onsite buildings shall be separated by a minimum of 50 feet. The average size of all buildings shall be 7,200 square feet or less. d. State Road 60 criteria, parking, setbacks and buffers shall apply per Indian River County Code. 3. Declaration: The Property shall be held, sold and conveyed together with and subject to the terms and conditions of the Declaration. 4. Constructive Notice and Acceptance: Every person or legal entity who or which will hereafter own or acquire any right, title, interest or estate in or to any portion of the Property, whether or not such interest is reflected upon the public records of Indian River County, Florida, will be conclusively deemed to have consented and agreed to each and every term and condition contained herein, whether or not any reference to the Declaration is contained in the document or instrument pursuant to which such person or legal entity will have acquired such right, title, interest or estate in the Property or any portion thereof. 5. Effect of Invalidation: if any particular provision of this Declaration is held to be invalid by any court, the validity of such provision will not affect the validity of the remaining provisions hereof. 6. Applicable Law: This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. 7. No Public Dedication: Nothing contained in this Declaration shall be deemed to be a gift or dedication of any property affected hereby, or any portion thereof, to or for the general public or for any public use or purpose whatsoever, it being the intention of the Declarant and its successors and assigns in ownership of the Property that this Declaration shall be strictly limited to and for the purposes herein expressed, solely for the benefit of the Declarant and its successors and assigns in ownership of the Property. Nothing contained in this Declaration, expressed or implied, shall confer upon any person, other than the Declarant and its successors and assigns in ownership of the Property any rights or remedies under or by reason of this Declaration. 8. Covenants Running with the Land: The agreements made herein, shall constitute covenants running with the land. 206 9. Modification to Development Standards: Section 2 of this Instrument may only be modified, amended or released as to all or any portion of the Property by a written instrument executed by the then owner of the fee simple title to the Property, provided that the modification, amendment or release has also been approved by the Board of County Commissioners for Indian River County, Florida. 10. Binding Effect: This Agreement shall be binding upon the Declarant and its successors and assigns in ownership of the Property. IN WITHNESS WHEREOF, the Declarants have caused this instrument to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of TNES US Signature �m Printed Name Signature Ynr�el.Ca Printed Name STATE OF �_ 1 '01-1 A COUNTY OF IW 11W R.IdU : SS. IR Mall Associates, LTD. a Florida limited Partnership IR Investo LC, neral P"er By seph 6taldo, Manager The foregoing instrument was acknowledged before me by means of physical presence or by _ online notarization this ?( day of 0 dAer , 2022 by Joseph Cataldo as Manager of IR Investors, LLC, General Partner of IR Mall Associates, LTD, a Florida Limited Partnership, on its behalf, who is ersonally known to me or has produced as identification. =;a• °" :. BRUCE eAR1E7T .: MY COMMISSIONS HN 124780 RES: April22, 2425 � rm„rs Notary Public Name: Commission No.: My Commission Expires: 206 lel November 8, 2022 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 26, 2022 SUBJECT: Discussion on Water Farming in a Proposed 260 -acre Reservoir Directly South of the West Regional Waste Water Treatment Plant (WWTP) FROM: Joseph H. Earman Commissioner, District 3 Discussion Item I'd like to discuss some possible changes and adaptations to the original "Move Water West" plan that was presented at the July 13, 2021, BOCC meeting. This change would start with storage of excess stormwater ("water farming") in a proposed 260 -acre holding area (reservoir) directly south of the West Regional WWTP located on the 4th Street canal between 82"d and 90th Avenues, keeping with the original plan of the potential for future flow directly into the Upper St. Johns River Basin. Background There are two established water systems already in place and operating in our County, one moving water eastward and the other moving water westward. The west -flowing system, the St. Johns Improvement District (SJID), maintains surface water control through a system of canals, pumps, and accessory drainage and is considered the main conduit for sending water into the Upper St. Johns Basin. Conversely, the Indian River Farms Water Control District (IRFWCD) encompasses almost 300 miles of canals and supporting drainage and was designed to move the county's water from the western sand ridge (1-95 corridor) east to the Indian River. During a BOCC meeting on July 13, 2021, the Board discussed the possibility of moving "some" excess stormwater to the western part of the county, specifically into the Upper St. Johns Basin, thereby keeping it out of the coastal estuary system. A motion was passed to direct staff to enter into discussions about the relocation of stored and excess 207 stormwater with representatives from the St. Johns River Water Management District (SJRWMD), the SJID, and the IRFWCD. Analysis On April 22, 2022, county staff and I hosted a meeting with senior leadership from the SJRWMD. Consensus amongst the group centered on the concept of `water farming" rather than setting out to create a direct and continuous flow of water into the Upper St. Johns River Basin. There were several reasons for this recommendation: 1. SJID, which would be a partner in the original plan, questioned whether the output amount would be worth the up -front investment in creating the system; 2. SJID expressed concern about the purity of the water that might be made available; 3. SJID had some questions of potential funding impacts that would need SJRWMD review if the plan expanded to using SJID infrastructure; 4. Available county -owned acreage in the western region is well-suited for water farming; 5. There are potentially useful public-private partnerships in the area of water farming; 6. State money is expected to be available to support water farming; 7. The regulatory hurdles involved in establishing a county -run water farm are substantially less than those required to create a "continuous flow" system across multiple agencies. To fill the new 260 -acre reservoir, water would be taken out of the IRFWCD (or simply prevented from entering) and then treated ("polished") upon arrival; the West Regional WWTP could play a role in this system. The reservoir could be used for recreational activities, with reasonable limits established to avoid contamination. As mentioned in July of 2021, the Upper St. Johns Basin consistently receives a lesser water quantity than is needed to maintain appropriate basin levels. Once more is known about the output and purity of the water held in the new reservoir, the SJRWMD could seek to move water from the reservoir onward to the SJID Flow Way (located at Oslo Road) and into the Upper St. Johns Basin. Way Forward Sufficient groundwork has been laid such that County staff could enter into discussions with the SJRWMD, SJID, IRFWCD, any appropriate State and Federal agencies, and other identifiable stakeholders; the purpose of these conversations would be to define constituent concerns and evaluate the potential return on investment of this concept. Fundinq As of today, there is no funding for this project, but a collaborative funding mechanism could be envisioned amongst the various players. These would likely include the SJRWMD and other State of Florida and Federal agencies, such as the Indian River Lagoon Estuary Program. Any BOCC funding would be based on current practices for this type of effort; there is potential for BOCC approval of a Land Conservation Bond renewal referendum on the 2022 ballot and future use of such bond funds, as allowed by law. Recommendation I recommend the BOCC task the County Administrator and Staff to estimate the key cost and schedule parameters for this project and report back to the Board with further details. Gaining state funding assistance for the reservoir should be added to the county's legislative priorities for FY2024. Attachments 1. IRC Water Overview 1 (Political Map) 2. IRC Water Overview 2 (Imagery Overlay) 3. West Regional WWTP Proposed Reservoir 209 Attachment 1 — IRC Water Overview n Q6 Qjx H � C C N 6W CCLL cc I =� r• � r , �V I CCS H i ai " r q T C .). � '� �N ►1 LL' 1 of ^' w MELT "-•�• 4 oll IT MAIN U81PL4 r r, ON ) rt esgoy-3ao)q ci JON II ul" ---810036 (I 11MAS g o � %fr m ZAN AK O V � r ` A 210 Attachment 2 — West Regional WWTP Reservoir (Proposed) I Y W 0 a i 1.•.Tkc: .,r I -71 w ; . 211 W 0 O W� w W } ��+ R k i -71 w ; . 211 W7 LO JOAlti U9lpk4 vt ON oaqotpoe)o ig ci F te CD m JfvH usipul 8108360 Q IN A% H I'S (I INMAS 00 `�p Z-1,14CO ITO 0. W P;s l. - . 40 0! r4 W7 LO JOAlti U9lpk4 vt ON oaqotpoe)o ig ci F te CD m JfvH usipul 8108360 Q IN A% H I'S (I INMAS 00 ITO 0. W P;s l. - . 40 W7 LO JOAlti U9lpk4 vt ON oaqotpoe)o ig ci F te CD m JfvH usipul 8108360 Q IN A% H I'S (I INMAS O 00 ITO 0. O 3AVH.L91,I . y. a i.;. - , Mi. r N DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: David Rattray, Fire Chief Department of Emergency Service -Fire Rescue Division DATE: November 3, 2022 SUBJECT: Approval of Advance Purchase for Fire Rescue Apparatuses It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS Indian River County Fire Rescue budgeted for the purchase of two (2) pumpers and one (1) Quint in the Fiscal Year (FY) 2023/2024 Capital Improvement Element (CIE). Staff has already experienced one price increase since submitting the CIE less than two months ago. Staff has been made aware of another price increase going into effect on December 15, 2022. The total expected increase through October 2023 is 12-18%. Along with the price increase, the manufacturer is also experiencing a delay in truck manufacturing. This is due to the rising cost and shortage of materials. With the current build time estimated at a minimum of 28-30 months (with possible other unforeseen delays), any orders placed today would put the delivery well into FY 2023/2024. The total cost of the two (2) pumpers and (1) quint programmed into the CIE for FY 2023/2024 is $2,520,000.00. Although the funds would not be expended until delivery, Staff is requesting the Board's approval to allow a Purchase Order to be issued prior to December 15, 2022 to lock in at the lower price and to allow for delivery during Fiscal Year 2023/2024. The equipment proposal is in accordance with the Sourcewell Cooperative Contract 113021 SUT. FUNDING: Funds, in the amount of $1,860,000.00, will be needed in the Optional Sales Tax/Fire Services/Automotive account, number 31512022-066420, along with $660,000 in the Emergency Services District/Fire Rescue/Automotive account, number 11412022-066420, for a total of $2,520,000. This will be accomplished via budget amendment from Cash Forward. Account Name Account Number Amount tional Sales Tax/Fire Services/Automotive 31512022-066420 $1,860,000.00 Emergency Services District/Fire Rescue/Automotive 11412022-066420 $660,000.00 215 DISTRICT RECOMMENDATION: Staff recommends the Board authorize the Purchasing Division to issue a Purchase Order to Sutphen Corporation in the amount of $2,520,000. ATTACHMENTS: 1. Proposal from Sutphen Corporation 216 SUTPHEN CORPORATION 6450 Eiterman Road Dublin, OH 43016 PROPOSAL Indian River County Fire Rescue Assistant Chief Sean Gibbons 4225 43rd Avenue Vero Beach, FL 32967 Chief Gibbons: October 28, 2022 We hereby propose and agree to furnish the following firefighting apparatus, utilizing the Sourcewell Cooperative Purchasing Program, upon your acceptance of this proposal: Two (2) Sutphen G9 Pumpers utilizing Sourcewell Contract 113021 SUT including the following: Cooperative Contractual Discount on Base Model and Published Options With Non -published Modifications and Additions ...... $ 694,490.00 each Discount for Multi -Unit Purchase ............................ $ - 7,500.00 each $ 686,990.00 each Total for Two Units $1,373,980.00 One (1) Sutphen SL75 Aerial Ladder Truck utilizing Sourcewell Contract 113021 SUT including the following: Cooperative Contractual Discount on Base Model and Published Options With Non -published Modifications and Additions ........ $ 1,138,530.00 TOTAL FOR ALL THREE APPARATUS .............. $2,5129510.00 The Apparatus described in the following proposal documentation, will be delivered in approximately 28-30 months for the Pumpers and 20-22 months for the SL75 after receipt of Purchase Order, subject to delays from all causes beyond our control. Unless accepted in 45 days, the right is reserved to withdraw this proposal. Respectfully submitted, Guy Lombardo Authorized Sutphen Sales Representative 217