Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05/19/2015 (4)
BOARD OF COUNTY COMMISSIONERS VER INDIAN RIVER COUNTY, FLORIDA G, COMMISSION AGENDA 4:4 102 TUESDAY, MAY 19,2015 -9:00 A.M. * * Commission Chambers Indian River County Administration Complex 4tt011%) 1801 27th Street, Building A Vero Beach, Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A. Baird, County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E.Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit Peter D.O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Timothy Persky on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty- Three Years of Service 1-2 B. Presentation of Proclamation Designating the Week of May 17 — 23, 2015, as Emergency Medical Services Week 3 ., May 19,2015 Page 1 of 8 6. APPROVAL OF MINUTES PAGE A. Regular Meeting of April 21, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation to Treasure Coast Regional Planning Council (memorandum dated May 11, 2015) 4-5 B. Construction Board of Adjustment and Appeals Committee Vacancy (memorandum dated May 11, 2015) 6-7 C. Proclamation and Retirement Award Honoring Patrick Keeler on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty Years of Service 8-9 D. Proclamation and Retirement Award Honoring Robert S. Cox on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty-Three Years of Service 10-11 E. Proclamation and Retirement Award Honoring Victor Dixon on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty Years of Service 12-13 F. Florida Department of Transportation Public Hearing Announcement (letter dated May 8, 2015) 14-15 G. Florida Public Service Commission Notice of Final Order: (1) Denying Florida Industrial Power Users Group's Motion to dismiss in its entirety; (2) Approving Duke Energy Florida, Inc.'s request to end the levy nuclear project fix rate component; (3) Declining to take action on Duke Energy Florida, Inc.'s request to defer collection Levy Nuclear project cost; and (4) Approving Duke Energy Florida, Inc.'s revised Tariff Sheet No. 6.105, has been received and is available for review in the Office of the Clerk to the Board 8. CONSENT AGENDA A. Approval of Warrants—May 1, 2015 to May 7, 2015 (memorandum dated May 7, 2015) 16-24 B. Release of Retainage — Work Order No. 1 Morgan & Eklund, Inc. 2014 Beach Profile Monitoring Surveys (memorandum dated May 11, 2015) 25-27 May 19,2015 Page 2 of 8 8. CONSENT AGENDA PAGE C. Change Order No.1 and Release of Retainage, Roseland Lake Clearing and Dredging, IRC Project No. 1219, Bid No: 2014051 (memorandum dated May 8, 2015) 28-37 D. Local Option Gas Tax Distribution Percentages (memorandum dated May 8, 2015) 38-39 E. Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation(FDOT) (memorandum dated May 5, 2015) 40-54 F. Adoption of a Resolution Agreeing to Maintenance of the Trans-Central Florida Rail Trail through the St. Sebastian Preserve State Park (memorandum dated May 8, 2015) 55-65 G. Miscellaneous Budget Amendment 015 (memorandum dated May 13, 2015) 66-71 H. Work Order No.4 with Kimley Horn and Associates for SCADA Upgrades at South RO and North RO (memorandum dated May 11, 2015) 72-79 I. Award of Bid No: 2015034, Martin Luther King Walking Trail, IRC Project No. 1413 (memorandum dated April 30, 2015) 80-90 J. F.D.O.T. County Incentive Grant Program (CIGP) — Locally Funded Agreement (LFA) and Resolution Authorizing the Chairman's Signature for Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of Various Parcels for the Construction of Intersection Improvements at SR-60 and 43rd Avenue and Authorizing the Chairman's Signature for the Three Party Escrow Agreement, IRC Project No. 0853, FPN — 431759-1- 4B/42/43/45-01 (memorandum dated April 27, 2015) 91-114 K. Amendment #7 to the Civil Engineering and Land Surveying Agreement for Intersection Improvements at SR-60 and 43rd Avenue and the Widening of 43rd Avenue from 18th Street to 26th Street with Arcadis US, Inc., IRC Project No. 0853 (memorandum dated April 23, 2015) 115-145 May 19,2015 Page 3 of 8 8. CONSENT AGENDA PAGE L. F.D.O.T. Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of Old Dixie Highway from 71st Street to CR510 IRC Project No. 1138, FM 429567-1-58-0 (memorandum dated May 6, 2015) 146-169 M. Indian River County v. William Ruetemann (memorandum dated May 13, 2015) 170-174 N. Answer to Lawsuit on Blue Cypress Lake Stilt Houses (memorandum dated May 13, 2015) 175-182 O. First Amendment to Lease Agreement with AT&T Mobility for Colocation on Tower at 1340 Old Dixie Highway Tower (memorandum dated May 12, 2015) 183-187 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing June 2,2015: Consideration of Proposed Amendments to the CH, IL, and IG Maximum Building Coverage Regulations Chapter 911 (Legislative) (memorandum dated May 11, 2015) 188 2. Notice of Scheduled Public Hearing June 2,2015: Second Public Hearing for a Community Development Block Grant (CDBG) (Legislative) (memorandum dated May 11, 2015) 189 May 19,2015 Page 4 of 8 11. COUNTY ADMINISTRATOR MATTERS PAGE None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1, Human Services None 2. Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None May 19,2015 Page 5 of 8 13. COUNTY ATTORNEY MATTERS PAGE A. Economic Development Council Committee Vacancy Appointment (memorandum dated May 11, 2015) 190-195 B. First Amendment to Guardian Ad Litem Interlocal Agreement (memorandum dated May 11, 2015) 196-203 C. Amended Agreement for Purchase and Sale of Real Estate at 4560 67th Avenue, Vero Beach, Randy and Linda Kurpil, Owners (memorandum dated May 13, 2015) 204-215 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman 1. Vero Village Utility Account (memorandum dated May 5, 2015) 216-219 B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Amended Work Order No. 1 for Renovations on Fire Rescue Station#1 (1500 Old Dixie) (memorandum dated May 13, 2015) 220-233 B. Solid Waste Disposal District 1. Approval of Minutes Meeting of April 21, 2015 May 19,2015 Page 6 of 8 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 2. Recycling Update for the Town of Indian River Shores (memorandum dated May 11, 2015) 234-236 3. Work Order CCNA-2015 WO No. 2 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill (memorandum dated May 8, 2015) 237-252 4. Amendment No. 1 to Work Order No. 10 to Geosyntec for Continuation of Brownfield Assessment Work for the Former South Gifford Road Landfill Site (memorandum dated May 11, 2015) 253-260 5. Update on the Feasibility of Solid Waste Processing and Recycling Services (memorandum dated May 6, 2015) 261-270 C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA) Coordinator at(772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. May 19,2015 Page 7 of 8 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 19,2015 Page 8 of 8 , O -PROCLAMATI N 1 P 1 1 HONORING TI ,4 . MOTHY PERSKY ON HIS RETIREMENT FROM ,; INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE ��� WHEREAS, Timothy Persky retired from Indian River County Fire Rescue effective t• May 29, 2015; and I% WHEREAS, Timothy Persky began his career with Indian River County on January ? 19, 1982, as a Firefighter/EMT,followed by his first promotion to Driver/Engineer in . I 1990 and rising to Lieutenant in 2002, in which capacity he has worked with great `^` merit until his retirement; and �1, 1 ' WHEREAS, Timothy Persky has served this County and the Public with distinction `� . and selflessness. During his thirty-three years of service, he continued his education to tinclude Fire Safety Inspector Designation in 1990, along with numerous other I certifications ranging from fire leadership to emergency management, working for the safety of our community and others as is reflected by the commendations received from 4 the State of Florida for Federal Service fighting fires in Montana, and other assists within the Federal Department of Agriculture and Commerce. His work was greatly f. ffI r appreciated by his employer, citizens and co-workers alike; and , I% NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Timothy Persky's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River %, County for the last thirty-three years; and 4 BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff f it extend heartfelt wishes for success in his future endeavors. fI Adopted this 19th Clay of May 2015. 4 . (f$ "IN, BOARD OF COUNTY COMMISSIONERS ' i'INDIAN RIVER COUNTY, FLORIDA 4R • %/Dp,Y LSis, Chairrnan 1 - - 1 ---- - -- , . "'"=ZZILMSZ.IMMIGIRMIVelvamON01.4.,,CRIVAMICCIWZNIV AWSWX,....7 t.::442:00h`aNS33:006...0,011=AMAINCIMIIIKWOWSVXMaalytattP—..71.,1-43q,211.1.90,R11..1,... : ;.1.7,CVMMI,"-'..,MAIRS.W= Z__ - •- ..- - - •a,ovarac......ur..;;We.;.rmairem.catak. -7:t_I---.,91 . Vit.)2 /*(' ( , I .,) • . •i- ThIS LS tO certD that , 1:1 / , 1 P \ . Timothy Tersky ,() •4 I il , 4 . . is' here6y presented-this' p li 1 , I ; Wctirement Award 'II 1 . ‘ i ti •:. . 1 I (for outstanding peormance and t ; ,. faithful-service to ; I)/ 1 Indian .. . Vver County i -.1 Board of County Commis' no' ners \ , 0 1 -lq,) Eor thirty-three years of service , s i 111 -1 1 s 1 ( , e i ,., 1 On thu" 29th day of%fay 2015 . , k; 1 f 1 ' I 1 , ' ) c. 1 \ 1 , /,, ‘ , ,.. , , , , . John King— &s4ay S.Davis. 1 i ' .. ) \ . , , s ..., Director of Enzergency Services- Board of COUntj COMIniSSiOner, Chairman I \ :,,c• 4 1 I. , _ .-...vs-Gmax-a...a.....a.09•04,........,...c.rse ... ...__._ ....Ater..maros.swel.-...eurf,....a.....i.n.,..erao.....1041.,..-.Maez.V.0.4011.=.4 i 41 ' X". ....- 4,''' -:Z,r,..c:::::::".,....*nn,„.c44..<4:223:ioeaWial <aZZZ, — _ ,.. _ + ,„..,_.. A''s '''...7.'"*,,,,,,4AP•414,,,<Z2); , _ PROCLAMATION 53 Designating the Week of May 17 —23, 2015, as Emergency Medical Services Week WHEREAS, President Gerald Ford signed the first National EMS Week proclamation in 1974 to draw attention to the sacrifice, dedication, and commitment of Emergency Medical Personnel by officially recognizing their roles in our communities as a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need, 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system of Indian River County consists of first responders, emergency medical technicians, paramedics, firefighters, educators, administrators, emergency nurses, emergency physicians, and many others dedicated to the field; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of Indian River County's emergency medical service providers and remind all citizens of their tremendous contributions to our quality of life here in Indian River County and throughout the country. NOW THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that we do hereby designate May 17th through May 23rd, 2015, as Emergency Medical Services Week. This year's theme, EMS STRONG, truly captures the spirit and devotion of our providers and we encourage the community to recognize our teams by observing this week with appropriate respect and gratitude. We ask that all Indian River County residents honor this occasion by sharing their own strength with our local EMS providers and taking steps to improve individual personal safety and preparedness. Adopted this 19th day of May, 2015. BOARD OF COUNTY COMMISSIONERS IND N RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman ,4,r-(R*6�� B.• -olari, Vice Chairman ( ' -: - l' 0 ‘,/c Ce‘i 4 Peter D. O'Bryan ef" Or 1:Colk ose.h E. - cher AI Tim Zo I .r 7A INFORMATIONAL ITEMS MAY 19, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: May 11, 2015 Subject: Resignation to Treasure Coast Regional Planning Council From: Misty L. Pursel, Commissioner Assistant Commissioner Bob Solari, Member of the Treasure Coast Regional Planning Council (TCRPC), has indicated to the BCC Office via attached letter that he will be resigning from the TCRPC, effective immediately. His term would expire in December 2015. Commissioner Tim Zorc, Alternate will serve as Member. Attached: Correspondence dated May 5, 2015 Z:\Agenda Items\2015\Appointments Resignations\TCRPC Solari Resign.docx 4 BOARD OF COUNTY COMMISSIONERS AVER Tim Zorc Wesley S. Davis !q �f \O G District 3 Chairman District 1 ~. `"4 Peter D. O'Bryan Bob Solari * 4 �* District 4 Vice Chairman ttOR10p. Joseph E. Flescher District 5 District 2 May 5, 2015 Dear Chairman Davis, This is to confirm our conversation regarding my resignation from the Treasure Coast Regional Planning Council. I will no longer represent Indian River County on the TCRPC. Thank you very much for your time and consideration of this matter. Sincerely, Bob Solari District 5 1801 270 Street, Building A Vero Beach, FL 32960 (772) 226-1490 5 Informational Matters-B.C.C. 05.1 .15 Office of -Y x', INDIAN RIVER COUNTY z .1 1 4, 0* * ATTORNEY --J '1- • Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 9r.-- DATE: May 11, 2015 SUBJECT: Construction Board of Adjustment and Appeals Committee Vacancy On May 4, 2015, Larry T. Hall submitted his resignation as the "Member General Public" representative to the Construction Board of Adjustment and Appeals. Larry T. Hall's term expires in January 2017. Anyone interested in serving on the Construction Board of Adjustment and Appeals Committee, and meeting the requirements for the "Member General Public" representative, will need to submit an application and résumé to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircgov.com/boards/ committee applications, or at the Board of County Commissioner's Office. ATTACHMENT(S). • Larry T. Hall, May 4, 2015 Letter Resignation APPROVED FOR MAY 19,2015 Indian River Co. AI • oved Date B.C.C. MEETING—INFORMATIONAL MATTERS Admin. : . .'f/1/rt Co.Atty. ,, , S Budget Dept. 0 ti s COUNTYATTORNEY Risk Mgr. ___ ___ DR:cm F.•IAnorneylChristinaICOMMI7TEE, General ManersIBCCAgenda MemosliSOS08 Hall,Larry(Vacancy-Resignation)CRAA.docx 6 RECEIVED Larry T. Hall P. O. Box 1390 MAY 0 6 2015 Alachua, Florida 32616 BOARD OF COi 00't y 863-673-3232 CUnt 111•^SIGN hcountrEanker(aihotmaii.com May 4, 2015 Laura E.Vasques Commissioner Assistant District 2 Indian River County Board of County Commissioners 1801 27th Street Vero Beach, Florida 32962 Re: Construction Board of Adjustment and Appeals (CBAA) Dear Ms. Vasques, Please submit my letter of resignation to the commission effective May 7, 2015 as I am moving from Indian River County to Alachua, Florida. Please express my thanks to the commission for appointing me to this position. Thank • your assistance, L. T. H. 7 - 'moi- . -,,. '"- -'.�! _ '!!!► -,' / , 71,s, I PROCLAMATION 4 , • k t lF • ' ` HONORING PATRICK KEELER ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE 4 s '.1 WHEREAS, Patrick Keeler retired from Indian River County Fire Rescue effective s May 23, 2015; and l 'J.' 4 -f WHEREAS, Patrick Keeler began his career with Indian River County on July 7, t1984, as a Firefighter with an EMT designation added in 1985. He was promoted in ; 1990 to Driver/Engineer, in which capacity he worked with great merit until his ' reti �,rement; and �. WHEREAS, Patrick Keeler has served this County and the Public with distinction and t` selflessness. In his third year of employment, he was commended for his part as a first responder to a horrific boating accident, and in 1992, he went on to receive the Dive , 44 . :� Rescue International Association's recognition as a Dive Rescue Specialist I. e 1 Throughout his thirty years of service, he was dedicated and his work was greatly t • appreciated by the employer, citizens and co-workers alike; and ,/ NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY ; _ COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board `� applauds Patrick Keeler's efforts on behalf of the County, and the Board wishes to ( b express their appreciation for the dedicated service he has given to Indian River ,% \‘‘' County for the last thirty years; and ,i' 1 p e BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff • extend heartfelt wishes for success in his future endeavors. „` (,' Adopted this 19th day of May 2015. ,, i j SV BOARD OF COUNTY COMMISSIONERSi) /41 `V I INDIAN RIVER COUNTY, LORIDA �,1 . -4-_ ..„ 4 * NI" K_440RrON W S. Davis Chairman 11 1 11 y I. 3i 0 ' ,I • ---- , ,..0 It) This is to cert that (1' ,$), _ ,, Patru&2(peter ) is fiere6y presented thzs J- 4 ! tirement Award -1 4 ( for outstanding performance and faitfifu(serr'ice to Indian fiver County ( Board of County Commissioners 1 : c'or thirty years of service 1: ,) On this 23rd day of May 2015 \II. , ,, tjohn King Wesley S. Davis. ( ;1 Director of Emergency Services Board of County Commissioner, Chairman I: L ; ) 4,,,, , ;-,F. ;; ___ __.. -.�1 li PR O CLAMA TION '1 I) . f • HONORING ROBERT S. COX ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE ; 2 . tWHEREAS, Robert S. Cox retired from Indian River County Fire Rescue effective •' May 19. 2015; and il WHEREAS, Robert S. Cox began his career with Indian River County on March 20, ` 1982, as a Firefighter with an EMT designation added in 1983. He was promoted to t Driver/Engineer in 1989, in which capacity he worked with great merit until his retirement; and WHEREAS, Robert S. Cox has served this County and the Public with distinction and • selflessness. In his thirty-three years of service, he received numerous letters from citizens for firefighting and lifesaving, both on and off duty, with annual performance is reviews consistently citing his positive attitude, work ethic, and knowledge of the job. 1`) He was dedicated and his work was greatly appreciated by his employer, citizens and co-workers alike; and i NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board • applauds Robert S. Cox's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River : t County for the last thirty-three years; and <� BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff 4extend heartfelt wishes for success in his future endeavors. i ' t . , r, Adopted this 191' day of May 2015. \\'‘ r BOARD OF COUNTY COMMISSIONERS gj� t 1� INDIAN RIVER COUNTY, FLORIDA J ` 1 1� /...1 71 1. i-Ali 4 X,-,-11.- '.< # ..i -----, _e___,____ • ,e ` Weslet * \ * . _, y . Davis, Chairman Q % ''` f __fes � -�` _� �_;� •.' ® 0 (CAN------- --- ,,,,...- _ ,11t-...- -------. 4. ...;.------ --------- ,-------- ir _ "."!...-. $ -0 ff - - is its is to certify ,` r Wp6ert S. Co, , I ) '( . J I, is hereby presented this I) _ t Wfttrement Award ! ;r i/ iV ,4`� for outstanding performance and , r ) , faitfifu(serr'ice to Vii l Indian Wiver County f Board of County Commissioners ;, I 6 ' , c'or thirty-three years of service l On this 19th day of May 2015 I john?(tng `GUesCey S. Davis. t' Director of Emergency Services Board of County Commissioner, C(rairman "' k f - (0---- ----- -- --- -- ----•- ;,!'-' ----<' ---•------ 0 ,Il , • PROCLAMATION i= 4 , HONORING VICTOR DIXON ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS l' DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE '4 1/ WHEREAS, Victor Dixon retired from Indian River County Fire Rescue effective May Ii 29, 2015; and 4 a WHEREAS, Victor Dixon began his career with Indian River County on July 7, 1984, fas a Firefighter with a certified EMT designation in June of 1992. He was promoted 4 on September 28, 1990, to Driver Engineer in which capacity he held until his t retirement. ;, WHEREAS, Victor Dixon has served this County and the Public with distinction and '� selflessness. Throughout his thirty years of service, he was dedicated and his work was 4 lgreatly appreciated by the employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Victor Dixon's efforts on behalf of the County, and the Board wishes to 1express their appreciation for the dedicated service he has given to Indian River `/ County for the last thirty years; and ( BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. 4 Adopted this 19`" day of May 2015. it ;1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ) z3IVEI?co d * Wesley S. Davis, Chairman 4RroN ' f/i.� ,iiia_ ("��r'r�- „ , -,0..--.- 'C, j--- --,<€ ."-- --,- .._ '� '` 'r/. _--\ ..d ,($ yj/4_... y 1, 4 its is to cert that 1131 i Victor mon is q ) , k1\. is Fiere6y presented this ,‘\ ,� \ . ttirement Award •( ' ' ) ) 1 r.,, for outstanding a ormance and ' 4;: 4 \.' 7 j( faithfu(serr'ice to I i Indian fiver County t Board of County Commissioners � 4 3 ¶'or thirty years of service Iret , 1` On this 29th clay of gfrLay 2015 ; , , t�: 0) . , • e4 ), ,,_______, ., ,\s. I ( _ 1 i i ) , , , John Icing esley S. Davis. .. Director of Emergency Services Board of County Commissioner, Chairman Centennial RECEIVED FDOT MAY 13 2015 1915*2015 Florida Department of TransportatioYILERKTOTHE BOARD RICK SCOTT 3400 West Commercial Boulevard JIM BOW '. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY May 8, 2015 RECEIVED Mr. Jeffrey Smith Clerk of the Circuit Court MAY 71 2015 P.O. Box 1028 Vero Beach, FL 32961-1028 CLERK TO THE BOARD Dear Mr. Smith, SUBJECT: SR 5/US 1 Project Development & Environment Study From South of 53rd Street (MP 9.762) to North of CR 510 (MP 14.457) Indian River County, Florida Financial Project ID No.: 431724-1-22-01 Federal Aid Project No.: 4855-083-P Efficient Transportation Decision Making (ETDM) No.: 13967 PUBLIC HEARING ANNOUNCEMENT The Florida Department of Transportation (FDOT), District Four, will conduct a public hearing for the subject project on Tuesday, June 2, 2015 at the Polish-American Social Club, 7500 U.S. Highway 1, Vero Beach, FL 32967. The public hearing will begin as an open house at 5:30 p.m. with a formal presentation at 6 p.m. followed by a public comment period. This public hearing is being conducted to give interested persons an opportunity to express their views concerning the location, conceptual design, and social, economic, and environmental effects of the proposed improvements. A copy of the project display notice which includes a location map for the hearing, project limits and other important information about the hearing is enclosed. Similar notices are being sent to all property owners located within at least 300 feet on either side of the proposed facility and to other public officials, organizations, and individuals interested in the project. For more project information, visit www.us1study.com. If you have questions about the project or scheduled hearing, contact me at (954) 777-4474 or toll free at (866) 336-8435, ext. 4474 or anson.sonnett@dot.state.fl.us. Sincerely, Anson Sonnett, P.E. Project Manager FDOT District Four www.dot.state.fl.us Centennial PUBLIC HEARING FDOT FLORIDA DEPARTMENT OF TRANSPORTATION DATE: Tuesday, June 2, 2015 1915*tars TIME: 5:30 p.m. PLACE: Polish-American Social Club SR 5/US 1 Project Development and Environment (PD&E) Study From south of 53rd Street to north of CR 510 in Indian River County, Florida Financial Project ID No. 431724-1-22-01 Federal Aid Project ID No. 4855-083-P Efficient Transportation Decision Making (ETDM) No. 13967 The Florida Department of Transportation (FDOT), District Four, will conduct a Public Hearing on the proposed improvements to SR 5/US 1 from south of 53rd Street to north of CR 510, for a length of approximately 4.7 miles, in Indian River County, Florida. The hearing will be held on Tuesday,June 2, 2015 at the Polish-American Social Club, 7500 US Highway 1, Vero Beach, FL 32967. The public hearing will begin as an open house at 5:30 p.m.,with a formal presentation at 6 p.m.,followed by a public comment period. The proposed improvements consist of widening SR 5/US 1 from four to six lanes and adding bicycle lanes and sidewalks. Other improvements CR 510 (85th Sr) include intersection modifications at 53rd Street, 69th Street, and CR 510. ENO PROJECT — This public hearing is being conducted to give interested persons an opportunity to express their views concerning the location, conceptual design, and social, 77th ST economic, and environmental effects of the proposed improvements. HEARING LOCATION Polish-American Social Club 7500 US Highway 1 Draft project documents will be available for public review from May 12, 2015 to Vero Beach,FL 32967 June 12, 2015 at the following locations: 69th ST • Indian River County Administration Building, Community Development– 65th ST MPO Office, 1801 27th Street,Vero Beach, FL 32960, Tel: (772) 226-1672, W Monday- Friday: 8 a.m. to 5 p.m. • Indian River County Public Library, 1600 21st Street, Vero Beach, FL 32960, Tel: (772)770 5060, Mon, Thur: 10 a.m.to 8 p.m., Tue, Wed, Fri: 3 BEGIN PROJECT 10 a.m. to 5 p.m., Saturday: 10 a.m. to 4 p.m., Sunday: 1 p.m. to 5 p.m. 53rd ST Draft documents will also be available at www.us1study.com and on display at the - public hearing. Persons wishing to submit written statements or other exhibits, in place of or in addition to oral statements, may do so at the hearing or by sending them to Mr. Anson Sonnett, P.E. at the contact information below.All exhibits or statements postmarked on or before June 12, 2015 will become part of the public hearing record. Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act or persons who require translation services(free of charge) should contact Mr.Anson Sonnett, P.E., FDOT Project Manager at least seven days prior to the hearing. Contact information: Anson Sonnett, P.E., FDOT Project Manager, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309, or by telephone at (954) 777-4474 (toll free at (866) 336-8435, ext. 4474), or by email at anson.sonnettdot.state.fl.us. JEFFREY R. SMITH, CPA, CGFO, CGMA coum;rFro Clerk of Circuit Court&Comptroller 0.P °° ''- , Finance Department , 1801 27th Street 0, Vero Beach,FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER • DATE: May 7, 2015 SUBJECT: APPROVAL OF WARRANTS May 1, 2015 to May 7, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of May 1, 2015 to May 7, 2015. Attachment: DB: MS 16 ELECTRONIC PAYMENTS - CHECKS TRANS NBR DATE VENDOR AMOUNT 325687 5/1/2015 BRE-CLEARWATER OWNER LLC 109.00 325688 5/1/2015 COMPBENEFITS COMPANY 200.14 325689 5/1/2015 COLONIAL LIFE&ACCIDENT INS CO 51.48 325690 5/4/2015 LINDSEY GARDENS LTD 716.00 325691 5/4/2015 CREATIVE CHOICE HOMES XVI LTD 2,655.00 325692 5/4/2015 TREASURE COAST HOMELESS SERVICES 260.00 325693 5/4/2015 PINNACLE GROVE LTD 597.00 325694 5/4/2015 VERO CLUB PARTNERS LTD 562.00 325695 5/4/2015 THE PALMS AT VERO BEACH 2,272.00 325696 5/4/2015 PELICAN ISLES LP 870.00 325697 5/4/2015 LINDSEY GARDENS II LTD 320.00 325698 5/4/2015 AHS HOLDINGS GROUP LLC 575.00 325699 5/4/2015 DANIEL CORY MARTIN 1,073.00 325700 5/4/2015 SARAH SPANN 891.00 325701 5/4/2015 MADISON CAY LTD 539.00 325702 5/4/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 1,884.00 325703 5/4/2015 ORANGE COUNTY HOUSING&C D 515.54 325704 5/4/2015 ALL FLORIDA REALTY SERVICES INC 3,350.00 325705 5/4/2015 VERO BEACH EDGEWOOD PLACE(305-113) 650.00 325706 5/4/2015 GRACES LANDING LTD 9,025.00 325707 5/4/2015 MICHAEL JACKOWSKI 496.00 325708 5/4/2015 TERRY A LAWRENCE 39.00 325709 5/4/2015 LINDSEY GARDENS LTD 4,716.00 325710 5/4/2015 BRYAN D BLAIS 762.00 325711 5/4/2015 RIVER PARK ASSOCIATES 16,000.00 325712 5/4/2015 RICHARD C THERIEN 493.00 325713 5/4/2015 CREATIVE CHOICE HOMES XVI LTD 5,465.00 325714 5/4/2015 DAVID YORK 506.00 325715 5/4/2015 ST FRANCIS MANOR OF VERO BEACH 436.00 325716 5/4/2015 CITY OF VERO BEACH 298.00 325717 5/4/2015 TREASURE COAST HOMELESS SERVICES 2,688.00 325718 5/4/2015 FLORIDA POWER AND LIGHT 402.00 325719 5/4/2015 FULCHINI ENTERPRISES INC 281.00 325720 5/4/2015 PATRICIA MEZZINA 850.00 325721 5/4/2015 VENETIAN APARTMENTS OF VERO BEACH 868.00 325722 5/4/2015 HERMOSA PROPERTIES LLC 294.00 325723 5/4/2015 PINNACLE GROVE LTD 7,909.00 325724 5/4/2015 VERO CLUB PARTNERS LTD 18,867.00 325725 5/4/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 393.00 325726 5/4/2015 CRAIG MERRILL 1,199.00 325727 5/4/2015 CHRISTINE SALTER 508.00 325728 5/4/2015 HAGGERTY FAMILY LTD 299.00 325729 5/4/2015 THE PALMS AT VERO BEACH 12,087.00 325730 5/4/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 93.00 325731 5/4/2015 HENRY 0 SPEIGHT 298.00 325732 5/4/2015 DAVID CONDON 586.00 325733 5/4/2015 HILARY MCIVOR 680.00 325734 5/4/2015 PAULA LANE 405.00 325735 5/4/2015 JOHN A CAPPELLO 310.00 325736 5/4/2015 TCG SONRISE II LLC 390.00 325737 5/4/2015 TCG SONRISE II LLC 435.00 325738 5/4/2015 PELICAN ISLES LP 5,311.00 325739 5/4/2015 PELICAN ISLES LP 463.00 325740 5/4/2015 SUNCOAST REALTY&RENTAL MGMT LLC 7,255.00 325741 5/4/2015 OAK RIVER PROPERTIES INC 812.00 325742 5/4/2015 MICHAEL KANNER 611.00 325743 5/4/2015 AD1NA GOLDMAN 530.00 325744 5/4/2015 INDIAN RIVER RDA LP 1,669.00 17 TRANS NBR DATE VENDOR AMOUNT 325745 5/4/2015 GEORGE THUYNS 640.00 325746 5/4/2015 LAZY J LLC 1,280.00 325747 5/4/2015 SYLVIA MCNEILL 647.00 325748 5/4/2015 SKOKIE HOLDINGS INC 744.00 325749 5/4/2015 ROGER WINSLOW 482.00 325750 5/4/2015 TAMMY MEEKS 489.00 325751 5/4/2015 COURTYARD VILLAS OF VERO LLC 709.00 325752 5/4/2015 VINCENT PILEGGI 376.00 325753 5/4/2015 OSLO VALLEY PROPERTIES INC 850.00 325754 5/4/2015 VICKY L STANLEY 795.00 325755 5/4/2015 CORY J HOWELL 222.00 325756 5/4/2015 CHOICE RENTALS INC 825.00 325757 5/4/2015 OSCEOLA COUNTY SECTION 8 643.54 325758 5/4/2015 LINDSEY GARDENS II LTD 5,115.00 325759 5/4/2015 ANTHONY ARROYO 295.00 325760 5/4/2015 AHS HOLDINGS GROUP LLC 4,565.00 325761 5/4/2015 YVONNE KOUTSOFIOS 353.00 325762 5/4/2015 ALAN R TOKAR 736.00 325763 5/4/2015 VILLAS OF VERO BEACH 483.00 325764 5/4/2015 BRIAN E GALLAGHER 470.00 325765 5/4/2015 MANUEL V CAMACHO SR LLC 622.00 325766 5/4/2015 HOUSING AUTHORITY 627.54 325767 5/4/2015 STEPHANIE WATCHEK FOUNTAIN TRUST 223.00 325768 5/4/2015 MICHAEL STILES 526.00 325769 5/4/2015 BLTREJV3 PALM BEACH LLC 1,930.00 325770 5/4/2015 RACHEL G SIDMAN 462.00 325771 5/4/2015 SCOT WILKE 467.00 325772 5/4/2015 MARK BAER 483.00 325773 5/4/2015 WANELL DONNELLI 353.00 325774 5/4/2015 J&K PALMER ENTERPRISES LLC 221.00 325775 5/4/2015 THEODORE BARTOSIEWICZ 468.00 325776 5/4/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 12,194.00 325777 5/4/2015 BRADLEY C LEEDHAM 538.00 325778 5/4/2015 RICHARD KUSSEROW 475.00 325779 5/7/2015 PORT CONSOLIDATED INC 63,323.91 325780 5/7/2015 STURGIS LUMBER&PLYWOOD CO 372.40 325781 5/7/2015 JORDAN MOWER INC 478.67 325782 5/7/2015 RANGER CONSTRUCTION IND INC 422.80 325783 5/7/2015 FISHER SCIENTIFIC COMPANY LLC 3,046.75 325784 5/7/2015 VERO CHEMICAL DISTRIBUTORS INC 659.45 325785 5/7/2015 RICOH USA INC 34.68 325786 5/7/2015 VELDE FORD INC 35.24 325787 5/7/2015 DATA FLOW SYSTEMS INC 2,071.40 325788 5/7/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 23.50 325789 5/7/2015 REPUBLIC SERVICES INC 141.00 325790 5/7/2015 REPUBLIC SERVICES INC 70.50 325791 5/7/2015 QUALITY BOOKS INC 126.81 325792 5/7/2015 AMERIGAS EAGLE PROPANE LP 1,092.98 325793 5/7/2015 AMERIGAS EAGLE PROPANE LP 1,167.07 325794 5/7/2015 AMERIGAS EAGLE PROPANE LP 1,363.49 325795 5/7/2015 AMERIGAS EAGLE PROPANE LP 1,370.91 325796 5/7/2015 HACH CO 506.65 325797 5/7/2015 LFI FORT PIERCE INC 5,116.45 325798 5/7/2015 HD SUPPLY WATERWORKS,LTD 473.66 325799 5/7/2015 SCHULKE BITTLE& STODDARD LLC 1,790.58 325800 5/7/2015 PETES CONCRETE 1,500.00 325801 5/7/2015 EGP INC 721.44 325802 5/7/2015 VERO INDUSTRIAL SUPPLY INC 103.02 325803 5/7/2015 VERO FURNITURE MART 6,045.00 325804 5/7/2015 PROFORMA IMAGING 137.72 18 2 TRANS NBR DATE VENDOR AMOUNT 325805 5/7/2015 BARTH CONSTRUCTION INC 245,564.00 325806 5/7/2015 GENERAL PART INC 12.50 325807 5/7/2015 BAKER&TAYLOR INC 2,717.67 325808 5/7/2015 MIDWEST TAPE LLC 566.32 325809 5/7/2015 MICROMARKETING LLC 101.97 325810 5/7/2015 K&M ELECTRIC SUPPLY 46.49 325811 5/7/2015 I KRUGER INC 20,313.56 325812 5/7/2015 PARKS AND SON INC 1,692.00 325813 5/7/2015 INDIAN RIVER COUNTY HEALTH DEPT 1,452.00 325814 5/7/2015 CITY OF VERO BEACH 63,917.23 325815 5/7/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 325816 5/7/2015 CHAPTER 13 TRUSTEE 478.38 325817 5/7/2015 INDIAN RIVER ALL FAB INC 231.41 325818 5/7/2015 UNITED STATES POSTAL SERVICE 685.00 325819 5/7/2015 JANITORIAL DEPOT OF AMERICA INC 280.67 325820 5/7/2015 TREASURE COAST HOMELESS SERVICES 7,523.00 325821 5/7/2015 HENRY FISCHER&SONS INC 290.00 325822 5/7/2015 PUBLIX SUPERMARKETS 54.92 325823 5/7/2015 AQUAGENIX 650.00 325824 5/7/2015 FLORIDA WATER&POLLUTION CONTROL 160.00 325825 5/7/2015 GEOSYNTEC CONSULTANTS INC 5,300.98 325826 5/7/2015 IRC CHAMBER OF COMMERCE 34,796.12 325827 5/7/2015 WEST PUBLISHING CORPORATION 176.00 325828 5/7/2015 MUNICIPAL CODE CORPORATION 784.81 325829 5/7/2015 TIMOTHY ROSE CONTRACTING INC 95,494.91 325830 5/7/2015 CALLAWAY GOLF SALES COMPANY 611.28 325831 5/7/2015 ROSEN CENTRE HOTEL 278.00 325832 5/7/2015 ROSEN CENTRE HOTEL 695.00 325833 5/7/2015 FLORIDA POWER AND LIGHT 3,568.50 325834 5/7/2015 FLORIDA POWER AND LIGHT 9,318.75 325835 5/7/2015 VNA HEALTH SERVICES 50.00 325836 5/7/2015 STATE ATTORNEY 18,186.01 325837 5/7/2015 CONTRACT SERVICE ENTERPRISES INC 33,542.25 325838 5/7/2015 TREASURE COAST CONSTRUCTION MGMT LLC 6,519.50 325839 5/7/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 325840 5/7/2015 JOSEPH A BAIRD 151.10 325841 5/7/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 325842 5/7/2015 BUILDING OFFICIALS ASSOC OF FLORIDA 489.34 325843 5/7/2015 ALAN C KAUFFMANN 50.00 325844 5/7/2015 KEEP INDIAN RIVER BEAUTIFUL INC 12,152.81 325845 5/7/2015 JAMES DEGRAFFENREID 30.00 325846 5/7/2015 BANK OF NEW YORK 350.00 325847 5/7/2015 HAYTH,HAYTH&LANDAU 125.00 325848 5/7/2015 MICHAEL QUIGLEY 10.00 325849 5/7/2015 RUSSELL PAYNE INC 291.69 325850 5/7/2015 TRANE US INC 6,891.06 325851 5/7/2015 CELICO PARTNERSHIP 119.75 325852 5/7/2015 JEAN PETERS 10.00 325853 5/7/2015 JOSEPH W VASQUEZ 75.00 325854 5/7/2015 SNL INC 778.00 325855 5/7/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 325856 5/7/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 325857 5/7/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 325858 5/7/2015 THE SHORES RESORT&SPA 264.00 325859 5/7/2015 JOHN DEERE LANDSCAPES 590.18 325860 5/7/2015 KATHERINE SMITH 50.00 325861 5/7/2015 JOHNNY B SMITH 50.00 325862 5/7/2015 SHUNTA WIGGINS 50.00 325863 5/7/2015 DUPERON CORPORATION 7,570.00 325864 5/7/2015 KATHLEEN P DOUGHERTY 40.00 19 3 TRANS NBR DATE VENDOR AMOUNT 325865 5/7/2015 RENAE CHANDLER 40.00 325866 5/7/2015 NICOLACE MARKETING INC 275.00 325867 5/7/2015 TERESA PULIDO 300.00 325868 5/7/2015 YAMAHA GOLF CAR COMPANY 389.38 325869 5/7/2015 HERITAGE CRYSTAL CLEAN INC 250.00 325870 5/7/2015 OVERDRIVE INC 1,171.53 325871 5/7/2015 LOWES HOME CENTERS INC 959.43 325872 5/7/2015 LABOR READY SOUTHEAST INC 1,257.36 325873 5/7/2015 PPG ARCHITECTURAL FINISHES INC 113.00 325874 5/7/2015 EMILY K DIMATTEO 60.00 325875 5/7/2015 BURNETT LIME CO INC 6,423.20 325876 5/7/2015 PENGUIN RANDOM HOUSE LLC 211.50 325877 5/7/2015 SOUTHERN MANAGEMENT LLC 400.50 325878 5/7/2015 CHEMTRADE CHEMICALS CORPORTATION 2,506.24 325879 5/7/2015 BAKER DONELSON BEARMAN CALDWELL&BERKOVI 400.00 325880 5/7/2015 BRUCE SABOL 10.00 325881 5/7/2015 FAMILY SUPPORT REGISTRY 9.66 325882 5/7/2015 MONA MOSHKI 10.00 325883 5/7/2015 RDW QUALITY BUILDERS LLC 17,725.00 325884 5/7/2015 KESSLER CONSULTING INC 20,134.87 325885 5/7/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 1,081.00 325886 5/7/2015 AXIS DATA SOLUTIONS INC 1,286.91 325887 5/7/2015 ANDREW D.FLEISHER,ESQ 150.00 325888 5/7/2015 RELIANT FIRE SYSTEMS INC 431.39 325889 5/7/2015 TK6 INC 7,519.60 325890 5/7/2015 LATITUDE GEOGRAPHICS GROUP LTD 23,627.00 325891 5/7/2015 JAMES MAUNEY 8,000.00 325892 5/7/2015 PETER&CARRIE DIAZ 75.00 325893 5/7/2015 PRAKASH PATEL 18,066.71 325894 5/7/2015 TRISHA B TORRE 192.43 325895 5/7/2015 HAWTHORNE JOSEPHINE 70.84 325896 5/7/2015 TOP GEAR INC 6,645.20 325897 5/7/2015 SENIOR LAW SERIES INC 47.45 325898 5/7/2015 SILVER SHORES HOLDINGS 100.00 325899 5/7/2015 TRITON SUBMARINES LLC 9,666.66 325900 5/7/2015 SUN AQUATICS LLC 40.00 325901 5/7/2015 MICHAEL CARDELL 50.00 325902 5/7/2015 ESTATE OF RUSSELL MCCONNELL 77.72 325903 5/7/2015 PINCH A PENNY#82 152.74 325904 5/7/2015 DIMICHELLI'S CATERING INC 1,455.00 325905 5/7/2015 ROBERT SMITH 104.50 325906 5/7/2015 UTIL REFUNDS 17.32 325907 5/7/2015 UTIL REFUNDS 41.86 325908 5/7/2015 UTIL REFUNDS 38.91 325909 5/7/2015 UTIL REFUNDS 40.04 325910 5/7/2015 UTIL REFUNDS 55.44 325911 5/7/2015 UTIL REFUNDS 34.43 325912 5/7/2015 UTIL REFUNDS 90.16 325913 5/7/2015 UTIL REFUNDS 66.48 325914 5/7/2015 UTIL REFUNDS 55.68 325915 5/7/2015 UTIL REFUNDS 38.76 325916 5/7/2015 UTIL REFUNDS 310.88 325917 5/7/2015 UTIL REFUNDS 13.64 325918 5/7/2015 UTIL REFUNDS 53.34 325919 5/7/2015 UTIL REFUNDS 19.24 325920 5/7/2015 UTIL REFUNDS 31.02 325921 5/7/2015 UTIL REFUNDS 27.36 325922 5/7/2015 UTIL REFUNDS 153.86 325923 5/7/2015 UTIL REFUNDS 38.91 325924 5/7/2015 UTIL REFUNDS 40.33 20 4 TRANS NBR DATE VENDOR AMOUNT 325925 5/7/2015 UTIL REFUNDS 6.49 325926 5/7/2015 UTIL REFUNDS 51.03 325927 5/7/2015 UTIL REFUNDS 10.96 325928 5/7/2015 UTIL REFUNDS 13.97 325929 5/7/2015 UTIL REFUNDS 150.95 325930 5/7/2015 UTIL REFUNDS 23.67 325931 5/7/2015 UTIL REFUNDS 92.85 325932 5/7/2015 UTIL REFUNDS 25.13 325933 5/7/2015 UTIL REFUNDS 24.10 325934 5/7/2015 UTIL REFUNDS 76.98 325935 5/7/2015 UTIL REFUNDS 90.95 325936 5/7/2015 UTIL REFUNDS 30.87 325937 5/7/2015 UT1L REFUNDS 17.99 325938 5/7/2015 UTIL REFUNDS 11.69 325939 5/7/2015 UTIL REFUNDS 27.91 325940 5/7/2015 UTIL REFUNDS 43.43 325941 5/7/2015 UTIL REFUNDS 74.54 325942 5/7/2015 UTIL REFUNDS 64.12 325943 5/7/2015 UTIL REFUNDS 50.82 325944 5/7/2015 UTIL REFUNDS 32.75 325945 5/7/2015 UTIL REFUNDS 34.98 325946 5/7/2015 UTIL REFUNDS 34.75 325947 5/7/2015 UTIL REFUNDS 12.69 325948 5/7/2015 UTIL REFUNDS 122.22 325949 5/7/2015 UTIL REFUNDS 88.57 325950 5/7/2015 UTIL REFUNDS 24.33 325951 5/7/2015 UTIL REFUNDS 42.33 325952 5/7/2015 UTIL REFUNDS 75.16 325953 5/7/2015 UTIL REFUNDS 68.85 325954 5/7/2015 UTIL REFUNDS 189.30 325955 5/7/2015 UTIL REFUNDS 1.67 325956 5/7/2015 UTIL REFUNDS 89.88 325957 5/7/2015 UTIL REFUNDS 69.02 325958 5/7/2015 UTIL REFUNDS 73.74 325959 5/7/2015 UTIL REFUNDS 24.05 325960 5/7/2015 UTIL REFUNDS 10.53 325961 5/7/2015 UTIL REFUNDS 41.64 325962 5/7/2015 UTIL REFUNDS 44.80 325963 5/7/2015 UTIL REFUNDS 42.46 325964 5/7/2015 UTIL REFUNDS 69.18 325965 5/7/2015 UTIL REFUNDS 90.99 325966 5/7/2015 UTIL REFUNDS 38.63 325967 5/7/2015 UTIL REFUNDS 64.60 325968 5/7/2015 UTIL REFUNDS 28.10 325969 5/7/2015 UTIL REFUNDS 51.04 325970 5/7/2015 UTIL REFUNDS 45.10 325971 5/7/2015 UTIL REFUNDS 17.14 325972 5/7/2015 UTIL REFUNDS 47.02 325973 5/7/2015 UTIL REFUNDS 16.58 325974 5/7/2015 UTIL REFUNDS 61.23 325975 5/7/2015 UTIL REFUNDS 49.98 325976 5/7/2015 UTIL REFUNDS 66.47 325977 5/7/2015 UTIL REFUNDS 55.19 325978 5/7/2015 UTIL REFUNDS 207.51 325979 5/7/2015 UTIL REFUNDS 83.83 325980 5/7/2015 UTIL REFUNDS 52.69 325981 5/7/2015 UTIL REFUNDS 436.10 325982 5/7/2015 UTIL REFUNDS 10.88 325983 5/7/2015 UTIL REFUNDS 6.29 325984 5/7/2015 UTIL REFUNDS 78.48 21 5 TRANS NBR DATE VENDOR AMOUNT 325985 5/7/2015 UTIL REFUNDS 28.08 325986 5/7/2015 UTIL REFUNDS 73.11 325987 5/7/2015 UTIL REFUNDS 21.39 325988 5/7/2015 UTIL REFUNDS 91.16 325989 5/7/2015 UTIL REFUNDS 75.32 325990 5/7/2015 UTIL REFUNDS 257.06 Grand Total: 979,694.90 22 6 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3560 5/1/2015 FL RETIREMENT SYSTEM 424,617.63 3561 5/1/2015 C E R SIGNATURE CLEANING 16,070.00 3562 5/1/2015 AGENCY FOR HEALTH CARE ADMIN 13,173.89 3563 5/4/2015 AMERICAN FAMILY LIFE ASSURANCE CO 16,042.32 3564 5/4/2015 ALLSTATE 447.76 3565 5/4/2015 MUTUAL OF OMAHA 6,288.94 3566 5/5/2015 SENIOR RESOURCE ASSOCIATION 256,542.51 3567 5/6/2015 ELITE TITLE 20,569.00 Grand Total: 753,752.05 23 1 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006471 5/1/2015 OFFICE DEPOT BSD CUSTOMER SVC 131.56 1006472 5/1/2015 WASTE MANAGEMENT INC 79,860.18 1006473 5/4/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 1,686.33 1006474 5/6/2015 PARKS RENTAL&SALES INC 76.30 1006475 5/6/2015 ROBINSON EQUIPMENT COMPANY INC 2,499.86 1006476 5/6/2015 SAFETY PRODUCTS INC 1,372.94 1006477 5/6/2015 MUMFORD LIBRARY BOOKS INC 6,540.57 1006478 5/6/2015 MIKES GARAGE& WRECKER SERVICE INC 125.00 1006479 5/6/2015 RECORDED BOOKS LLC 260.20 1006480 5/6/2015 SOUTHERN COMPUTER WAREHOUSE 630.86 1006481 5/6/2015 DEERE&COMPANY 250.27 1006482 5/6/2015 TOTAL TRUCK PARTS INC 718.85 1006483 5/6/2015 THOMPSON TRACTOR 66.59 1006484 5/6/2015 SYNAGRO-WWT INC 32,472.51 1006485 5/6/2015 POLYDYNE INC 2,507.00 1006486 5/6/2015 L&L DISTRIBUTORS 133.14 1006487 5/6/2015 S&S AUTO PARTS 394.86 1006488 5/6/2015 HORIZON DISTRIBUTORS INC 971.60 1006489 5/6/2015 PACE ANALYTICAL SERVICES INC 102.00 1006490 5/6/2015 IMAGENET CONSULTING LLC 180.20 1006491 5/6/2015 AT&T 3,813.97 1006492 5/6/2015 OFFICE DEPOT BSD CUSTOMER SVC 358.44 Grand Total: 135,153.23 24 1 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. /,,' CONSENT AGENDA Public Works Director FROM: James D. Gray, Jr. �� Coastal Engineer SUBJECT: Release of Retainage -Work Order No. 1 Morgan & Eklund, Inc. 2014 Beach Profile Monitoring Surveys DATE: May 11, 2015 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. On October 7, 2014 the Board renewed the contract until September 30, 2015. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. Work Order No. 1 to this contract provided for services related to annual hydrographic surveying (beach profile) for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to complete the 2014 countywide monitoring program. The Board approved Work Order No. 1 amount was $49,500 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 1 is $4,950 and is broken out by tasks as follows: Task 1: 2014 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey Task 1 totaled $17,050. The Total amount of retainage withheld is $1,705. Task 2: 2014 Sector 7 Post Construction Monitoring Task 2 totaled $6,600. The Total amount of retainage withheld is $660. Task 3: 2014 Countywide Beach Monitoring Task 3 totaled $25,850. The Total amount of retainage withheld is $2,585. F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work--Work Order No 1\agenda item- -WO No. 1 --Morgan and Eklund Surveying 2014--Release of Retainage.docx 25 Page 2 BCC Agenda Item May 11, 2015 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from three (3) separate accounts. Task 1: 2014 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey The Total amount of retainage withheld is $1,705. Account# 128-206002-05054 Task 2: 2014 Sector 7 Post Construction Monitoring The Total amount of retainage withheld is $660. Account # 128-206002-05079 Task 3: 2014 Countywide Beach Monitoring The Total amount of retainage withheld is $2,585. Account# 128-206002-01024 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 1 in the amount of$4,950. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-14-1549-1-14-1556, dated May 6, 2015. APPROVED AGENDA ITEM FOR: May 19, 2015 Indian River County Approved Date Administration // 1/,� BY:1k0,0. " • d , 02//.5 Budet , Legal iC 'f-% Public Works c 2A Coastal Eng. Division J06 5111(6 F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work--Work Order No 1\agenda item- -WO No. 1 --Morgan and Eklund Surveying 2014--Release of Retainage.docx 26 7;071 MORGAN & EKLUND, INC. (0,4 � L PROFESSIONAL SURVEY CONSULTAN1S May 6, 2015 Indian River County Attn: Mr. James Gray 1801 — 27th Street, Building A Vero Beach, Florida 32960 INVOICE . Invoice#: 1-14-1549— 1-14-1556 Commission II: 5315.23 Work Order No. 1 (WO No. 1) Contract No: 1333 2013-2014 RE: Invoice for professional survey services rendered in conjunction with 2014 Countywide Beach Monitoring(R-30 to R-119). Total Amount Retainage Due: $4,950.00 INDIAN RIVER COUNTY PUBLIC WORKS r APPROVED DATE DIRECTOR 111111111111111111111111 1\\( DIV.HEAD Po. # 17'QS ��T ACCT.# 2. -2G'00Z -05C5 Ak.Y\R4 Ac( Ft 1z3 - ZoVoz-- c 1o21 - 4 2,S 55 Terms: Net 30 Days ** Please remit payment to ow. Wabasso PO Box. Thank you. 8745 U.S.HIGHWAY 1,P.O.BOX 701420,WABASSO,FL 32970-1420• PHONE:(772)388-5364 •FAX:(772)388-3165•jmorgan(morganeklund.com 1500 S.E.COURT,SUITE 110,DEERFIELD BEACH,FL 33141 •PHONE:(954)421-6882•FAX:(954)421-0451 •1wouteamorganelclund.com 27 ('ONSF NT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director THROUGH: Christopher J. Kafer, Jr., P.E., County Engineeic, FROM: Michael D. Nixon, P.E., Roadway Production Manager MA/ SUBJECT: Change Order No.1 and Release of Retainage Roseland Lake Clearing and Dredging IRC Project No. 1219, Bid No: 2014051 DATE: May 8, 2015 DESCRIPTION AND CONDITIONS On October 21, 2014, the Board of County Commissioners awarded Bid No. 2014051 to Mancil's Tractor Service, Inc. in the amount of$183,570.00 for the improvements to Roseland Lake include all work necessary to remove undesired sediment, muck, invasive vegetation from the pond, and reshape and restore the pond to the original condition. The construction of the project is complete and Change Order No. 1 is to make final adjustments to contract bid items to decrease the total contract price by $18,720.00 for a final cost of $164,850.00. Mancil's Tractor Service, Inc. has submitted Pay Application No.4 (Final), dated April 28, 2015 for release of retainage in the amount of$16,485.00. FUNDING Funding for this item is budgeted and available from Secondary Roads/Other Professional Services, Acct# 10921441-033490. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Mancil's Tractor Service, Inc. Pay Application No. 4 (Final) for release of retainage in the amount of$16,485.00. ATTACHMENTS 1. Mancil's Tractor Service, Inc. Pay Application No. 4 FINAL 2. Change Order No. 1 3. Schedule of Items to Change Order No. 1 to be Added and Deleted 4. Work Change Directive No. 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\BCC Agenda- 28 Change Order No 1 Final - Release of Retainage.doc Page 2 BCC Agenda Item for May 19, 2015 Roseland Lake Clearing and Dredging BCC- Change Order No. 1 and Release of Retainage DISTRIBUTION 1. Deward Howard,Jr., Construction Coordination Manager 2. Mancil's Tractor Service, Inc. 3. Terry Cook, Road and Bridge Superintendent APPROVED AGENDA ITEM FOR May 19, 2015 B 0• CPA 0 Indian River countyARMIN Date i i Administration ���M Budget MANUA = Legal Public Works Engineering WAN F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\BCC Agenda-Change Order No 1 Final-Release of 29 Retainage.doc PAGE 1 OF 2 SECTION 00622-Contractor's Application for Payment ROSELAND LAKE CLEARING AND DREDGING Application for Payment No. 4 For Work Accomplished for the period of FINAL through RETAINAGE To: Indian River County(OWNER) From: Mancil's Tractor Service, Inc.(CONTRACTOR) Bid No.: 2014051 Project No.: 1219 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 183,570.00 2. Net change by Change Orders and Written Amendments(+or-): $ - 3. Current Contract Price(1 plus 2): $ 183,570.00 4. Total completed and stored to date: $ 164,850.00 5. Retainage(per Agreement): 89.8% of completed Work: 0.0% of retainage: $ - Total Retainage: $ - 6. Total completed and stored to date less retainage(4 minus 5): $ 164,850.00 7. Less previous Application for Payments: $ 148,365.00 8. DUE THIS APPLICATION(6 MINUS 7): $ 16,485.00 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that(1)the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective;and (5)If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full,and that all taxes imposed by Chapter 212 Florida Statutes,(Sales and Use Tax Act,as Amended)have been paid and discharged,and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A,together with an explanation as to why any release of lien form is not included; Attached to or submitted with this form are: 1. Signed release of lien forms(partial or final as applicable)from all subcontractors,laborers,materialmen and suppliers except as listed on Attachment A,together with an explanation as to why any release of lien form is not included; 00622-Contractor's Application for Payment-03-10 rev.doc 00622-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementslAdmim\Master Contract Documents\00622-Contractors Application for Payment-03-10 rev.doc Rev.05/01 30 Page 2 of 3 2. Updated Construction Schedule per Specification Section 01310,and Dated 4/28/2015 By: (CONTRACT R—must be igned by an Officer of the Corporation) DON R.MANCIL,JR. Print Name and Title STATE OF FLORIDA COUNTY OF MARTIN COUNTY Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Don R.Mancil,Jr., who being by me first duly swom upon oath, says that he/she is the President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it,and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR;and that all of the statements contained herein are true,correct,and complete. Subscribed and sworn to before me this 25th day of March,2015. Don R.Mancil,Jr.is personally know to me or has produced (a�s ide 'fication. o��aY.°pB�.� WANDASUESMART NOTARY PUBLIC: I/LA4I jy.Ul_ (SEAL) a MY COMMISSION!FF 097934 Printed Name:Wanda Sue Smart * * EXPIRES:April 25,2018 Commission No.:FF 097934 ml �l9jFOF frAY Bonded Thru Budget Notary Services Commission Expiration:04/25/2018 •3rf++*:++ r+xi. ********************* ****r******.tLhSLASAL+fAL**************rrint********»:*:**********H.**s.AA.AA:A+MN►„+s.****M• [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev.doc 00622-2 F:\Pubiic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements Wdmim\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 31 O O O , . . , , , , , O O O . . . . O O 8. . 8 . 88g. O ' SOO O O CO M co.,; NR (4N J WCO 00R wO F - - r, -. b b b ? ' w= O . .. - .. 2LLa J H H H H H H 49 H H H H H a Q H H H H H H H H H H H 49 H H m 1111110811181111111 ry N I - - _ R111 FFI WI {. G U C < C W , `.H osa � II mumommum iO S c Ha „, o UNI1 ®00IEI I V O4,Do z H 0 001,0000000111111 2 L, OIll II_ N 0 12 o H 5 at, t 11101100010001 c'!" I 11111111111111 111111 1 I I I N C' C E > -iAtI Ill 1 O g E v 11 99®998889000 111111 9 le yaQ�LLH� Z . • . ¢Q p • =W O zJ mN NU U .n Z w0 0> U E c, • a N O O W W p OO~ Z2p - w , m O . a U LL- . Ww aJ a z _ ¢D p¢ O • • OFOS O O F- O OcD ,_V U U s fa � �wa i)-? oz .I . w z° zoW¢ T g � z U > ¢ c' ¢ oO'J¢ wX � w wn mz U UO � OnJ UVWC aFur O Y . WW UHdU¢LL wctUilu,d ' d aach W Q]a w i?ioecw- v VL d E oL zvn ., nw z > i s >• N h ¢J J ~ O ~ .a ~ 0 3 J La h e 7 ^ - OF U OF Z ,n u E = r+ ,2 0 0 0 0 0 o m N. .- ry m 0 0 o o $ o ry ry m o o w S a n =z - v e e .n co m m w C7 LL a 32 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated 57 7// I SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue Dated � 2 /s'— t SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622-Contractor's Application for Payment-03-10 rev 00622-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00622-Contractors Application for Payment-03-10 33 rev.doc Rev.05/01 SECTION 00942 -Change Order Form No. 1 (FINAL) DATE OF ISSUANCE: May 19, 2015 EFFECTIVE DATE: May 19, 2015 OWNER: Indian River County CONTRACTOR: Mancil's Tractor Service Project: Roseland Lake Clearing and Dredging OWNER's Project No. 1219 Bid No.2014051 • ENGINEER Indian River County Engineering Division You are directed to make the following changes in the Contract Documents: Reason for Change Order:The project is complete.This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: 1) Schedule of itemized changes. 2) Work Change Directive No. 1. CHANGE IN CONTRACT CHANGE IN CONTRACT PRICE: TIMES Description Amount Description Time Original Contract Price $183,570.00 Original Contract Time: (days and dates) Substantial Completion: 100 days/4-22-15 Final Completion: 115 days/5-7-15 Net Increase from previous 0 Net change from previous Change Order Change Order (NONE) (days) (NONE) Substantial Completion: 0 days Final Completion: 0 days Contract Price prior to this $183,570.00 Contract Time prior to this Change Order: Change Orden (days and dates) Substantial Completion: 100 days/4-22-15 Final Completion: 115 days/5-7-15 Net decrease of this $(18,720.00) Net increase this Change Order Change Order No. 1: No. 1: (days) Substantial Completion: 0 days Final Completion: 0 days Contract Price with all $164,850.00 Contract Time with all approved approved Change Orders: Change Orders: (days and dates) Substantial Completion: 100 days/4-22-15 Final Completion: 115 days/5-7-15 ACCEPTED: RECOMMENDED: APPROVED: By -1 By: By: CO TRACTOR(Signat re ENGINEER(Signature) OWNER(Signature) Date:511 1 1 5' Date: Date: F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Impmwments\Admim\agenda hems\1219 Change Order No.I FINAL.doc • 134 SCHEDULE OF ITEMIZED CHANGES, CHANGE ORDER NO.1 MAY 19,2015 ROSELAND LAKE CLEARING AND DREDGING IRC PROJECT NO.1219 BID NNO.2014051 item No. Quantity Unit Unit Price Price Increase Price Decrease County Project No.1219 Roseland Lake Clearing and dredging BASE BID PERFORMANCE TURF-SOD(BAHIA) 570-1 (INCLUDES:TOPSOIL, FERTILIZER,AND WATERING) -280 SY 4.00 $1,120.00 PERFORMANCE TURF-SOD(ST.AUGUSTINE) 570-1-2 (INCLUDES:TOPSOIL,FERTILIZER,AND WATERING) -280 SY 5.00 $1,400.00 WORK CHANGE DIRECTIVES WCD NO. 1 PIPE CULVERT(18")ACMP 40.00 LF 95.00 $3,800.00 FORCE ACCOUNT FA-1 FORCE ACCOUNT 1 LS $20,000.00 SUB-TOTALS $3,800.00 $22,520.00 TOTAL DECREASE TO CONTRACT PRICE WITH CHANGE ORDER NO.1 -$18,720.00 35 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements kdmim\agenda items\Change Order Form No 1,5-19.15 SECTION 00948 -Work Change Directive No. 1 DATE OF ISSUANCE: 2/27/2015 EFFECTIVE DATE: 2/27/2015 OWNER: Indian River County CONTRACTOR: Mancil's Tractor Service, Inc. Bid No: 2014051 Project: Roseland Lake Clearing and Dredging OWNER's Contract No. 2014051 ENGINEER's Contract No. 1219 ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Construct an 18"Aluminized Corrugated Metal Pipe located at approximately at Station 2+25, right 80'. Purpose of Work Change Directive: The adjacent property owners'stormwater currently drains into an existing ditch and pipe not shown on the plans which drains into the western side of the Roseland Lake.The existing pipe is deteriorated beyond repair and is need of replacement Attachments: Plan Sheets 2&5, Revised 2/5/15 and 2/19/15 Mancil's Tractor Service, Inc. proposal dated 2/26/15 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times NONE El Contractor's Records Q Lump Sum 0 Engineer's Records Q Other. By Work Change Directive: ❑By Change Order: Item 430-174-115- Pipe culvert(18")ACMP 40 LF x$95.00=$3,800.00 Estimated increase in Contract Price: $3,800.00 Substantial Completion: 100 days; Ready for Final Completion: 115 days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMEN ED: 'P"OV '��� ,11: By, /4" ) CONTRA OR(Sig :ture) ENGINEER(Signature) L-1:5 N/f ignatu - Date: 312)115— Date: 3- 12 — 15 Date: 3--/i /f F:\Public Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\Admim\Work Change Directives\1219-Work Change Directive til.doc 36 Mancil's Tractor Service, Inca "We Move the Earth" Site Contractor.Earthwork,Roadways,Water and Drainage 4551 SE Hampton Ct.,Stuart,FL 34997 Phone(772)288-0951 Fax(772)288-0983 '/ 021= G 1/ L\NGL O1R crivE No. _�'+t t A R 1�+ �'1�1'1 C R .�L A V'HANGE V T- DATE: 2/26/2015 BID TO:INDIAN RIVER COUNTY BOCC PROJECT NAME ROSELAND LAKE CLEARING AND DREDGING ATTN: MICHAEL NIXON PER PLANS:PLANS BY MICHAEL NIXON PHONE:(772)567-8000 VERSION/DATE APPROVED PLANS FEBUARY 2014 PROJECT:1219 WE RESPECTFULLY SUBMIT THE FOLLOWING CHANGE ORDER FOR ADDITONAL 18"ACMP 60 LF ITEM I DESCRIPTION I UNIT I QTY I UNIT COST I TOTAL I 1 ADDITIONAL 18"ACMP 40 LF $95.00 $3,800.00 TOTAL $3,800.00 ORIGINAL CONTRACT = $183,570.00 PREVIOUSLY APPROVED CHANGE ORDERS $0.00 PENDING CHANGE ORDERS = $0.00 CONTRACT TOTAL PRIOR TO THIS CHANGE ORDER = $183,570.00 CONTRACT CHANGE DUE TO THIS CHANGE ORDER = $3,800.00 NEW CONTRACT TOTAL INCLUDING THIS CHANGE ORDER = $187,370.00 TERMS&CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: ACCEPTED BY: NAME: TITLE: DON R MANCIL,JR. DATE: 37 INDIAN RIVER COUNTY, FLORIDA Fp BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director ( SUBJECT: Local Option Gas Tax Distribution Percentages DATE: May 8, 2015 CONSENT AGENDA DESCRIPTION AND CONDITIONS Attached is the 2015 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation on September 1, 2015. RECOMMENDATIONS Unless the Board receives substantiated objection from the municipalities, staff recommends approval of the attached 2015/2016 revenue distribution percentages effective 10/1/15. ATTACHMENT LOGT Chart DISTRIBUTION Indian River County Appro -d Date Jason Brown, Director, Administration 71yr Office of Management & Budget Budget iI ? APPROVED AGENDA ITEM Legal / y '. — i j Public Works FOR: May 19, 20015 BY: 0,(� '�'1 �i �C�LU2 Q' F:\Public Works\Luanne M\LOGT\LOGT 2014-2015\BCC Agn Distribution Percentages 2015.doc 38 u) Co V \ CO \ to Q O O M O O.) 0 0 0 F- 4 o N O O O O OCO O O O O Cn O 1-- N CO N ER N 0 .5 E a Ct a) Er w u) co rn p) to r co co W N O N- r O N CO C) CO m m - r r M CA ,- r V o 0 0 0 > Z O ' 0 0' C``) O CO- ci. (4 CO Or) to O O CA CA 0 i 'Cl- N N N C) N U) M ap co co O (NNI co ER `- o N N- 7 c N Z " m Ct N N C<- N x N O C 'N O 7 _O o V r O CO to . o 0 0 0 m _ CO 'Et- O to 03 CO O- am0 co OOi O �O 'O C • r 0 r CC M La ea O .- CO V N CCOO CO N N CO c O O O EH O O o O N E - O .5O OC a) U ca W w '0- c 7 Z to r (O N- to O a) Q o o to 0 to v COo 0 0 o E 0 F= rn o rn CO cfl r N CO N CI7 N LO- CO CO- CO M CO V O rn m Q' < co co C) to O r CD tT O N o 0 0 O CL)w M M M 4 M CO cd N La co co C . CL 69 CA EA 69 fA 7 a) ci)o 0 >- ►- o :' 0 CO w N COtto co COO CO \ \ \ \ Y O w 8.; r CD CO CO r CD o co o) o a) 6 CO 4 CNi 'LI-) a) co 4 N r Co O O ) wD ON J to CC) CC) O C) N t0 r to r O 7 .L, • } W N 69 69 69 FA ER CO N M Co CO a O` W O Z co Q Q m 5 0 O E o F. Q in o(NCO O CO N CO M o r (A CO E C co ~ CO N N to CO r co- CO N E- � O O co C () .E d o to O o r v CD o Co °) N N y O O N N o N r CO r V W -J 0) coN V N- N 0) O O O c N• C U UJ 69 ER EA 69 CA (3.) c) O N o 70 5 J ami a a 7 O m CI- I- I- o a) m Z w m D O -0 O o r V LO N a) C ll CNI O r r N N r O C 00 to lC) (O a) is O CC N- r• N r to CO N O N N CO N C W• 6 1-0 CD Co 'C CO N r CO (D r CO r CO U a '� co. r V O N CO co- O N O p N CON- N n n r CO CO y a) C Z CO CO69 N Q m 0 N @ U ta Z _c U CV - (C y O p- a 'O f0 to to L O N a) toC c (O CO c m 7 co # WN W c N w o 7 m + Q _ 7 O _ 2 C) F o F o f C Z N Z .(1) -12- o F- m xx N o ° 0 w ec `—° t a) 2 W O 7 w a) I LL w c w ND ` 0 0 d n" LL- an O 7 a) N �C x— CO N 1— O d F- F- CO O O O a C > J 0 N O O N N 1- C6 D ) W a F- P l'2 fn as > c CO N E- o C) n a > 39 ---I m a 8- m o 0 0 0 0 7 > 0 0 w W X C N > a * 3t W W I- N N N N N C/) < W W W O 0 a CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT-TRAFFIC ENGINEERING DIVISION INTER-OFFICE MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. cyv• Public Works Director FROM: Jeanne Br. %` Traffic An/ �� SUBJECT: Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT) DATE: May 5, 2015 DESCRIPTION AND CONDITIONS The FDOT has prepared a Traffic Signal Maintenance and Compensation Agreement between the FDOT and Indian River County,to allow the County to receive funding from the FDOT for routine maintenance of the County-operated traffic signal system. The agreement will initially provide for $122,040.80 in funds in FY 2015/2016, with increased funding in subsequent years. ALTERNATIVES AND ANALYSIS The attached Traffic Signal Maintenance and Compensation Agreement is a standard agreement similar to many agreements the County has executed in the past. The alternatives are as follows: Alternative No. 1 Approve the Traffic Signal Maintenance and Compensation Agreement and authorize the Board of County Commissioners Chairman's signature,on the traffic signal maintenance and compensation agreement and authorizing resolution. Alternative No. 2 Deny approval of the Traffic Signal Maintenance and Compensation agreement and cancel the project. RECOMMENDATIONS & FUNDING Staffrecomm*ds Alternative No. 1 —approval of the Traffic Signal Maintenance and Compensation Agreement. There is no funding impact generated by this project. F:\TRAFFIC\MAYA\BCC AGENDA ITEMS-RESOLUTIONS\AGENDA ITEMS\AGENDA ITEM JPA TRAFFIC SIGNAL MAINT AND COMPENSATION MAY 2015.DOC 40 ATTACHMENT Five (5) Copies of the Traffic Signal Maintenance and Compensation Agreement, Resolution and Exhibits A, B, and C. APPROVED AGENDA ITEM FOR MAY 19,2015 BYtf • ,_i ��II # Indian River Coun •AIia,ed Date Administration Bud:et !I Leval ►r�, ,s igumm Public Works [ raIs--- msmr„mrmi5 F:\TRAFFIC\MAYA\BCC AGENDA ITEMS-RESOLUTIONS\AGENDA ITEMS\AGENDA ITEM JPA TRAFFIC SIGNAL MAINT AND COMPENSATION MAY 2015.DOC 41 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 1 of 5 CONTRACT NO. _ I FINANCIAL PROJECT NO. 42780438801 F.E.I.D. NO. 596000674056 THIS TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT("Agreement"), is entered into this day of between the Florida Department of Transportation,an agency of the State of Florida, herein called the"Department", and , Florida, ("Maintaining Agency"). WITNESSETH: A. The Department is authorized under Section 335.055, Florida Statutes,to enter into this Agreement. B. The Maintaining Agency is authorized under to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged,the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals(IMTS)(defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect/network,vehicle,bicycle&pedestrian detection devices,traffic signal hardware and software,preemption devices, and uninterruptible power supplies("UPS")), control devices(defined as intersection control beacons,traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)),and emergency/fire department signals and speed activated warning displays. The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as"Traffic Signals and Devices". 2. The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities include, but are not limited to,locates, preventive maintenance(periodic inspection, service and routine repairs), restoration of services, and emergency maintenance (trouble shooting in the event of equipment malfunction,failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic.The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct a structural inspection of the mast arm structures and strain poles every 60 months,which inspection shall comply with the checklist included in Exhibit C, attached to and incorporated in this Agreement.The inspection report will serve as a 90-day notification to the Maintaining Agency that deficiencies exist which require preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to: spot painting, cleaning, all wiring issues, graffiti removal, all signal related issues (lighting, signs and connections), and response to traffic impact including repair and replacement of all components damaged by the traffic impact. For any new painted mast arms installed after the date of this agreement, preventative maintenance includes all items described above and also includes repainting, tightening of nuts, replacing missing or deficient bolts,replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, and repairing improper grounding. Damaged mast arm structures and strain poles must be properly repaired or replaced by the Maintaining Agency. If the Maintaining Agency is not successful in recovering damage costs from responsible party(ies) within 180 days from the occurrence of damage, the Department will reimburse the Maintaining Agency for costs 42 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 2 of 5 incurred due to traffic impacts to mast arms, which reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Department will pursue reimbursements from individuals and/or the third parties who cause damages to mast arms and are liable for replacement/repair costs. Failure to perform preventative maintenance after notification of an inspection deficiency will result in the Maintaining Agency being responsible for the corrective actions. If spot painting or any other described preventative maintenance is not carried out,there shall be a 25% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance is performed. For each month subsequent to the expiration of the 90-day notice given to the Maintaining Agency that preventative maintenance deficiencies exist, 1/12th of the annual compensation amount for the affected signal locations will be forfeited up to 25%of the annual compensation amount. In the case of a total paint failure on a mast arm installed prior to the date of this Agreement, the Department will fund the cost of repainting. This does not include any mast arm that was installed with a separate mast arm painted finish agreement. The terms of that agreement will control. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads; resetting of anchor bolts; and repair or replacement of deteriorated anchor bolts and nuts. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work and shall be performed within 90 days unless under an emergency situation. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of its useful life will be replaced by the Department so long as documented preventative maintenance and any applicable periodic maintenance was satisfactorily performed by the Maintaining Agency. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance of mast arms: Maintaining Agency Florida DOT Preventative maintenance of all mast arm structures Periodic maintenance of all mast arm structures (except for any new painted and existing painted structures with signed separate Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures Compensate Maintaining Agency for damage repair or replacement of structures Replacement at end of life cycle of the structure 7. The Department will reimburse the Maintaining Agency for costs incurred due to traffic impacts to traffic signal controller cabinet assemblies, traffic signal battery backup, UPS cabinet assemblies, pedestrian flashing beacons, strain pole repair or replacement, and all devices shown in Exhibit A, if the Maintaining Agency is not successful in recovering damage costs from responsible parties. The Maintaining Agency will be responsible for pursuing reimbursements from individuals and/or the third parties that cause damages. However, if the Maintaining Agency is not successful in recovering damage costs from responsible party(ies)within 180 days from the occurrence of damage, the Department will pursue reimbursements from individuals and/or the third parties who cause damages and are liable for replacement/repair costs to the traffic signal controller cabinet assemblies, traffic signal battery backup,UPS cabinet assemblies,pedestrian flashing beacons,strain poles,and all devices shown in Exhibit A.Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. 8. The Maintaining Agency may remove any component of the installed equipment for repair or testing;however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. a. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re-timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three(3)years,and will be made available to the Department upon request. 43 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 3 of 5 9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings,and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B,attached to and incorporated in this Agreement. 11. Payment will be made in accordance with Section 215.422, Florida Statutes. 12. There shall be no reimbursement for travel expenses under this Agreement. 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty(20)working days. The Department has twenty (20) days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one(1)dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer Services at 1- 877-693-5236. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three(3)years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of$25,000.00 and a term for a period of more than one(1)year,the provisions of Section 339.135(6)(a), F.S.,are hereby incorporated: "The Department,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." 44 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 4 of 5 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity. 21. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 22. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 23. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking,Agreement termination,or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s)and Device(s)maintenance not corrected at the end of such time, or(b)take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 24. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions:Critical detection is defined as the detection on side-streets and in left turn lanes on the main streets, and all pedestrian/bicycle detection. Repairs to the side-street and main street left turn detections shall be made within sixty(60)days of discovery and repairs to the pedestrian detection shall be made within 72 hours after notification.All these events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. The Maintaining Agency shall ensure that 90% of all critical detectors systemwide are operating properly at all time. Any time the level drops below 90%,the Agency would have ninety(90)days to correct the situation.A 5%retainage of the total annual compensation amount (as shown in Exhibit A) will be withheld whenever the 90% critical detection requirement is not met within the 90-day period. b. Traffic signal preventative maintenance inspections: All traffic signals shall receive at least one(1) minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. Preventative maintenance inspection shall include verification that all detection is working, the signal is cycling properly,the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1)conflict monitor test shall be performed during a twelve (12)month period.Each test is to be documented and included in the annual report to the Department.The inspection report should note the location, date of inspection and any items noted. If the traffic signals do not receive at least one (1) minor preventative maintenance inspection during a twelve(12) month period,there shall be a 20% retainage of the annual compensation amount for the affected signal locations until the preventative maintenance inspection is made. If not performed within the state's fiscal year,the 20% retainage of the annual compensation amount for the affected signal locations will be forfeited. c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s), titles of those monitoring those intersections, and the location of the central monitoring facility(s)are to be documented and contained in the annual report submitted to the Department. d. In addition to the above requirements, if at least 50% of the traffic signals are not inspected and if at least half of the critical detection requirements as stated in 24a are not met, the Department will retain an additional 25% of the remaining compensation amount. 45 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Page 5 of 5 25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to,agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes,and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by the Department. 28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 29. This term of this Agreement is twenty(20)years; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement.A minimum notice period of two(2)years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 31. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement.The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 32. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 33. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the contract; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Exhibits A, B, and C are attached and incorporated by reference. 35. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF,the parties have caused these presents to be executed,the day and year first above written. INDIAN RIVER COUNTY ,Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By By (Authorized Signature) (Authorized Signature) Print/Type Name: WESLEY S. DAVIS Print/Type Name: Title: CHAIRMAN Title: BOARD OF COUNTY COMMISSIONERS Attest: Legal Review: /it& Attorney: ; q . �I' 3i Date: 46 ?{}0 6o \ ./ ./ E \ 0) y ` % 7 / § \ / � @ QJ3 [ 7 \ \ a E \ E ° fd � § o E E c n Q < 2 2 / I # @ co C � . E ( « E _ E 2m E / V) 2 o- w C `, \ \ z \ / w E « / ® 2 = c » sem go 0 LU 7 11.1 .E 2 / $ \ / ® / = < s < Co 2 m 5 /\ 2 m 2 c.) (T1 . � ® ® \ \ \ / c e = S% \ ( / / }E cu co \ \ § °2 cu CP / � \ C /0 \ .\ com 2tLii §� moo _ ƒ E § s2 Q \ 2 0 V) § E { •E §« $ / - t : / 0 0 /U s 4. - 7 / o % — Wcv -or \L / / / c / \ � � \ t-I— & e L / \ � \ LU § E ƒ = 87 3 »Q 9 • n � ,� 7 _ t � ƒ _ - _J W 5 E } / E / ƒ • • CO / a. ) U) 7 § $ § U 2 0 o § \ « 0 ® w u C � Q 7 o2 / a / Ce m u m R e - ƒ \ \ \ _ / 2 } ro / t E \ 2 f e l e o 3 » 7 E t e 0 2 ° C = H = 2 U0o o k o \ a ' \ u E ƒ a I ® _ - / � s . { y Tot' c / / � / \ - > _ « � � o ; Rs 9 e ± § o CI $ _ co / 8 / ( K / 2 0 � � � ƒ E ( \ f \ .5 / U � - / CV a — m2 = 47 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Exhibit B Page 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture)Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s(TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 783 626 1,096 313 313 100 100 2017-18 Based on the Consumer Price Index(CPI), the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. *Compensation pro-rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. 48 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation,including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 49 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,AUTHORIZING AN AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION WHEREAS,it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership; and WHEREAS,such partnership shall be encouraged through the joint funding of projects that improve traffic flow and reduce congestion on the State Highway System; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Chairman of the Commission to enter into an Agreement For Traffic Signal Maintenance and Compensation with the State of Florida Department of Transportation(FDOT)on behalf of the Commission, NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners of Indian River County,Florida hereby authorizes the Chairman of the Commission to enter into an Agreement For Traffic Signal Maintenance and Compensation with the State of Florida Department of Transportation(FDOT) for: 1. The FDOT shall fund the project cost, as detailed in Exhibits A, B, and C of the Traffic Signal Maintenance and Compensation Agreement. The Board authorizes the County Traffic Engineer or designee to annually prepare,update and submit Exhibit A, B and C to the FDOT for compensation. 2. The County shall maintain and operate the traffic signal system. If the project cost exceeds the amount shown in Exhibits A,B and C,the County shall pay the overage. 50 RESOLUTION NO. 2015- The resolution was moved to adoption by Commissioner and the motion was seconded by Commissioner , and,upon being put to a vote,the vote was as follows: Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner Joseph E. Flescher Commissioner Timothy Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. Attest: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Wesley S. Davis Chairman iti24/. 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENTTRAFFIC OPERATIONS 04/15 Exhibit B Page 1 of 1 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment(minus any retainage or forfeiture)at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals which are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture)Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons(RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning Traffic Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s(TS) (IMTS) (ICB) (PFB) (FDS) (BO5) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 4,500 783 626 1,096 313 313 100 100 2017-18 Based on the Consumer Price Index(CPI),the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI,the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. *Compensation pro-rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30th of each year . For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. 52 2S}! �� .- c Q E } } �o _ o 3 o y / 2 # c n § y / _o 7 $ \ § = a E c o / x = _ oEE c \ _ . _ ) 2 Q.) c � 2 / EE 0. \ _ 2 / . E = m g = it ® 0- = E % c .- R os I— (/ 3 E * / \ E se / / \ CO a LU ) i ° / \ 3 LU ® / / / 5 < 2 m 5 c cm ƒ� 0 C ' / 2E I— I— / � = es S0 H $ o / / @co (E \ a k 2E 2 2 cI � \ (0 / ' ca \ { \ /� / � � E /{ / z2 Q = .- ° 7 § e E \ §« 4-1 $ % / a E §� s ® = c 0 32 & 4 o \ / \ _« w = E _ o / 7 e )E k \ � k \ © \ E ) CU e •- « §� E ƒ § 0E k §Q .— k ` \ °� Cl C m = \ / y Q I. \ k \ / ? { / 0 _/ \ f I ) CD C of m LL c -0. E 2 $ U 7 0 / _ § & 3 CO 1 \ 2o E \ \ 3 IX % \ / .c \ • I— e _ § E LI= 2 $ 7:3 / \ co ? £ E k _ it 2 § 2 0 _ § « ® _ — ® H a2 C / $ § 7 u \ a \ CU ƒ 2E / e \ ® Cl.) / 2 co _ { t E / / o § k \ \ � / \ & I- ® ` ^ C C m = k / §\ < o = c RS 2 \ .- \ _c /_ C > o 'E 0. wo ° / } 3 § a C5 ƒ \ / ƒ \ U w / �_ * / E 2 I 53 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 04/15 Exhibit C Page 1 of 1 EXHIBIT C TRAFFIC SIGNAL MAST ARM CHECKLIST Traffic Signal Mast Arm Checklist • Foundation, including condition of grout pad if present • Anchor bolts and nuts • Base plate • Base plate connection to vertical member • Hand hole and hand hole covers and inside of vertical member by removing hand hole covers • Connections between vertical and horizontal members • Any member splices • Attachments • Member caps 54 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, I P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Andy Sobczak; Senior Transportation Planner DATE: May 8, 2015 SUBJECT: Adoption of a Resolution Agreeing to Maintenance of the Trans-Central Florida Rail Trail through the St. Sebastian Preserve State Park It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 19, 2015. DESCRIPTION, CONDITIONS & ANALYSIS The Trans-Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO. Recently, FDOT began the process of designing and constructing all unbuilt portions of the Trans-Central Florida Railroad Trail east of I-95 and an overpass at I-95 linking the trail to the Fellsmere area (see Attachment 1). In order to enable FDOT to proceed with construction of the trail, Indian River County must adopt the attached resolution. That resolution authorizes the chairman of the BCC to sign a Maintenance Memorandum of Agreement(MMOA) with FDOT committing the County to maintain those portions of the trail constructed between 104th Avenue and North County Park in unincorporated Indian River County. With respect to the request, Community Development Department staff has coordinated with Public Works staff regarding the proposed maintenance agreement and Public Works has agreed to perform the requested maintenance. FUNDING This action extends current trail maintenance by a short distance over a new segment of trail. The cost to the County of the proposed action is negligible. F:\Community Development\Users\MPO\Meetings\BCC\2015\trail maintenance.docx 55 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached Resolution authorizing the Chairman to sign the attached Maintenance Memorandum of Agreement and also authorize staff to transmit the Resolution and Agreement to FDOT. ATTACHMENT 1. Map of Proposed Trans-Central Florida Recreation Trail Construction Project (with area to be maintained by the County identified) 2. Resolution authorizing the Chairman of the Board of County Commissioners to sign the attached Maintenance Memorandum of Agreement 3. Standard FDOT Maintenance Memorandum of Agreement Indian River Co, Approved Date Admin. .Chalik, APPROVED AGENDA ITEM: Legal ,c-12-•/5 FOR: • 0 5 Budget I 'L 03/15 • nn Dept. S1 t 2//S BY: 4/4, >. , a .� N I��I . Mal= fir. wept• S'/.21/S F\Community Development\Users\MPOUNeetings\BCC\20I5\trail maintenance.docx 56 • \y v \ \v xv•v^ •�,� S'\ w`� ^�• ,`.'� ! --. • .< \ al, 3- �. rfi .V, \'v,, , HEIeNI, ' .\i\ till i`1 ai - , . Pi- i -..„.\\ i. ., 4 jk 1` 't 1 d �� i ' .1 ,' ''''' ' . vi., ti,., •• • • i .. .• •- ,.• ta ..e-••• ' ' 71 V1 rr ri•. . �, '.,+• f rt' 7ti. i,.J VI tri VI tU ��• air ...,,, , . , ,.,t ,', .1r';--.., ry�!` c- • +, t ` (Dli") . = 13 n Ems rD 71 . -'-�-.' �• I. \ \ \ ._ rD i , a,..k 73 , MENU" 1 )... -- n .. to • •—. - y: ^ t. - CT + (U rt ,..'„ 1. b.W.,- I i to I "*His te r) 1; �. � Vim. ' ' st _, ... ..„ „... . ..,,.. . ,- ... , .. . i .. . ,. .., ., _ al / " �' I 4' '- - 1 ,. r 1 (1 "` } RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT FOR THE TRANS-CENTRAL FLORIDA RAILROAD GREENWAY FROM 104TH AVENUE TO NORTH COUNTY REGIONAL PARK FM #432574-2-52-01 WHEREAS, The Trans-Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO; and WHEREAS, in consideration of the Department's construction of the Rail-Trail project, FDOT requests that Indian River County maintain the portions of the completed trail within the County's jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute the Attached District Four Maintenance Memorandum of Agreement. 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 Wesley S. Davis, Chairman Commissioner Bob Solari, Vice-Chairman Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Chairman ATTACHMENT 2 F:\Community Development\Users\MPO\Meetings\BCC\2015\Trans-central Rail trail MMOA resolution 05-19-15.doc 58 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to for a Le sufficiency By:AW , William K. DeBraal Deputy County Attorney F:\Community Development\Users\MPO\Meetings\BCC12015\Trans-central Rail trail MMOA resolution 05-19-15.doc 59 SECTION No.: N/A FM No.: 432574-2-52-01 AGENCY: Indian River County C.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of , 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,a component agency of the State of Florida, hereinafter called the DEPARTMENT and Indian River County, a political subdivision of the State of Florida,, hereinafter called the AGENCY. WITNESSETH: WHEREAS,the AGENCY has jurisdiction over Central Railroad Corridor Greenway(CRCG)trail, as part of the Trans-Florida Railroad Greenway from 104th Avenue to North County Regional Park;and WHEREAS, pursuant to Sections 339.07,339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and WHEREAS,in accordance with Title 23, U.S. Code,Section 116 and Federal Highway Administration regulations issued pursuant thereto,there must be an agreement from the AGENCY to maintain the project;and WHEREAS, pursuant to such authority,the DEPARTMENT and the AGENCY are desirous of having the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 432574-2,which involves construction of a pedestrian bridge over State Road (SR)9/1-95 and shared use path to the North County Regional Park and through lands in which the AGENCY has an interest; hereinafter referred to as the "Project", as more particularly described in Exhibit A. WHEREAS,upon acquisition of the necessary right of way, if needed,the DEPARTMENT will proceed to construct the Project;and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS,the AGENCY by Action/Resolution on the day of , 20_,a copy of which is attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other,the parties covenant and agree as follows: 1. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project, as more particularly described in Exhibit A. A. ACHMENT 3 - 1- 60 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property, including easements on property acquired by the DEPARTMENT, to construct this Project. No further permit or agreement shall be required to construct this project. 3. The AGENCY shall continue to maintain the existing shared use path and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. 4. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2015, as amended by contract documents), and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its own cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), current edition, (b) Florida Green Book dated 2011, as amended (c) Governing standards and specifications: FDOT Design Standards dated 2015, as amended (d)Standard Specifications for Roadway and Bridge Construction dated 2015, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes, but is not limited to, infrastructure within the limits of the project. This provision, however, shall not preclude the AGENCY from entering into agreements with other entities for maintenance of infrastructure installed with the Project. Additionally, upon final acceptance the DEPARTMENT shall convey all acquired property interests to the AGENCY. The Department shall give the AGENCY ten (10)days notice before final acceptance. • The AGENCY grants herein to the DEPARTMENT all rights necessary to enter and construct the Project. 5. The AGENCY shall execute "Local Government Right of Way Certification Statement",attached as Exhibit B, indicating that the PROJECT can be completed within the public right of way, and/or that no additional right of way is required. 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT,the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law,the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete.The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. For various occupancy permits the AGENCY shall be the applicant. 8.Utilities: The AGENCY shall cooperate with the DEPARTMENT,to the extent necessary,to accomplish utility relocations for this Project.This shall include, but not be limited to,entering -2- 61 into utility subordination agreements with the affected utility owners,thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit,as necessary. 9. Signals: The AGENCY shall cooperate with the DEPARTMENT,to the extent necessary,to affect signal and interconnect connections for the Project, if needed. 10. The DEPARTMENT and the AGENCY shall keep the commitments established in the Minor Categorical Exclusion (MiCE)and as amended by approved re-evaluations. 11. Drainage:Drainage shall be maintained by the AGENCY. 12. Unforeseen issues: If unforeseen issues shall arise,the AGENCY shall cooperate with the DEPARTMENT,to the extent necessary, in order to construct the Project including but not limited to executing documents, allowing the DEPARTMENT or its contractor to enter into any real property owned, possessed and controlled by the AGENCY or any other Occupancy right the AGENCY may have. 13. E-verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the contractor during the contract term. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. LIST OF EXHIBITS • Exhibit A: Project Improvements and Scope • Exhibit B: Local Government Right-Of-Way Certification Statement [This space intentionally left blank.] -3 - 62 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year provided below. AGENCY ATTEST: INDIAN RIVER COUNTY,through its BOARD OF COUNTY COMMISSIONERS By: day of , 20 Approved as to form by Office of County Attorney APPROVED AS TO FORM AND L GAA.S . FF1 Y/ By: it I '*! W . t K_Dr.$MAL DEPARTMENT DEPUTY COUNTY ATT O NEY ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Transportation Development Director (SEAL) day of , 20 Approval : Office of the General Counsel (Date) -4- 63 SECTION No.: N/A FM No.: 432574-2-32-01 AGENCY: Indian River County C.R. No.: N/A EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by the DEPARTMENT within the AGENCY's existing Trans- Florida Central Railroad right-of-way and/or all acquired property interests to be acquired by the DEPARTMENT for the AGENCY. Typical Section The proposed project has two typical sections: a 12-foot shared use path and a pedestrian bridge. Signing and Pavement Markings Implement signing as coordinated with Indian River County. Pavement markings will be limited to necessary features for 102nd Terrace. Drainage Include and open drainage system with swales and minor culvert crossings. Permits The FDOT will acquire in the AGENCY's name. - 5- 64 EXHIBIT B LOCAL GOVERNMENT RIGHT-OF-WAY CERTIFICATION STATEMENT No Additional Right of Way Required LOCAL AGENCY: Indian River County STATE ROAD: N/A R/W ITEM/SEGMENT NO.: N/A DESCRIPTION: Central Railroad Corridor Greenway(CRCG)trail from 104th Avenue to North County Regional Park CONST. ITEM SEGMENT NO.: 432574-2 F.A.P. NO.: 8886 440 A LETTING DATE: July 26, 2016 I,the signature below certify and represent that the following interests in land (Right of Way)will NOT be required for the construction of this project: • Fee Title-land on which a permanent improvement is to be placed and maintained. • Perpetual Easement-may be used when permanent improvement is to be constructed and maintained on a parcel for which acquisition of fee title is impractical. • Temporary Easement-used when it is necessary to temporarily occupy a parcel. No improvement that is a permanent part of the transportation facility or that requires maintenance beyond the term of the easement will be constructed on the temporary easement. The right of way maps/sketches have been compared to the construction plans and the right of way,as shown, will accommodate the planned construction. The construction activities will be performed in the existing right of way. The contractor will not be required to temporarily enter upon property not owned by the local government executing this statement for the purpose of restoration and harmonization. There are no encroachments within existing right of way that impact the construction project. Local Agency: Indian River County ` P- -a- — S , (3- * S* SIGNATURE DATE 7' 1-(°S 1 `o1c-N PRINTED NAME 12C ec /oil+) J):%PcFor TITLE *NOTE:(Must be authorized employee of the local agency) 65 Consent Agenda Indian River County rte` Interoffice Memorandum Office of Management & Budget To: Members of the Boar ounty Commissioners From: Jason E. Brown Director, Office of M n gem nt & Budget Date: May 13, 2015 Subject: Miscellaneous Budget Amendment 015 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Board of County Commissioners approved a local Jobs Grant for NetBoss Technologies on August 27, 2010. NetBoss is eligible for a final payment of $14,333.37. The Board also approved a local Jobs Grant for Triton Submarines, LLC on April 2, 2013. Triton is eligible for $9,666.66 which represents payment#1 for Phase 1. The attached entry appropriates funding of $24,001 for these local jobs grants from General Fund/Reserve for Contingency. 2. On May 12, 2015, the Board of County Commissioners approved the Clerk of Court to purchase digital document management software. The attached entry appropriates funding of $99,065 from Optional Sales Tax/Cash Forward-Oct 1st and $9,680 from General Fund/Reserve for Contingency. 3. Indian River County currently has a one-year supportive housing program grant through the US Department of Housing and Urban Development (HUD). The attached entry appropriates funding for the remainder of the fiscal year from the Federal/State grant funds. 4. On April 21, 2015, the Board of County Commissioners approved a contract to purchase the WebEOC Incident Management Software. The FPL REP grant monies will be used for this portion of the purchase. The attached entry appropriates the funding from General Fund/Reserve for Contingency. 5. The Board of County Commissioners is in need of replacement computers and recorders. The attached entry appropriates funding in the amount of $8,750 from General Fund/Reserve for Contingency. 6. On April 21, 2015, the Board of County Commissioners approved the proposed modification number one to the contract between Indian River County and Ady Advantage for $16,000 for detailed target industry analysis. The Board also approved 50% (not to exceed $12,500) for Brand Audit and Marketing Plan activities contracted and managed by the Indian River County Chamber of Commerce. The attached entry appropriates funding in the amount of $28,500 from General Fund/Reserve for Contingency. 66 Board of County Commissioners Page 2 of 2 May 13, 2015 7. Replacement vehicles are needed in several departments. These vehicles include: Traffic Engineering 1 ton pick-up truck $25,881, Engineering pick-up truck $25,000 and Animal Control transit cargo van $25,000. Also, the Parks department needs to replace three mowers at a cost of$41,343. Additionally, Road & Bridge needs the following replacement equipment: Grader $192,000, 10 ft. Batwing $21,700, 15 ft. Batwing, Walk behind mower $4,700, and 2 Zero turn mowers $15,400. The attached entry appropriates funding from Transportation Fund/Cash Forward- Oct 1st and General Fund/Reserve for Contingency for $66,343. 8. On May 5, 2015, the Board of County Commissioners approved a Small County Outreach Program (SCOP) Agreement. The attached entry appropriates the grant amount of$684,642 and the county's match of$ $228,214 from Secondary Roads/Cash Forward-Oct 1St 9. On May 5, 2015, the Board of County Commissioners approved the renewal of seven (7) one- year grants from HUD. The attached entry appropriates funding in the amount of$67,152 for the Alcohope Renewal Program; $102,180 for the New Horizons 2 Program; $86,988 for the Indian River Chronics Care Program; $102,804 for the New Chronics Care Program; $150,252 for the New Horizons 1 Program; $35,400 for the HMIS Expansion Program and $94,272 for the Continium of Care Program. 10. An upgrade to the security system is needed at the North County Offices. The attached entry appropriates funding in the amount of$19,035 from Optional Sales Tax/Cash Forward-Oct 1st Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 015 and Resolution Indian River County A :• oved Date Administrator ►� /itLegal V I APPROVED AGENDA ITEM: Budget I' I5 ,=, BY:C • t 1`�! . 0Lx_r) Department Jose A. Baird Risk ,J County Administrator Management FOR: May 19, 2015 67 Exhibit "A" Resolution No.2015- i Budget Office Approval: '�~ /'1 Budget Amendmem 015 Jason E.(Browrj,Budget Director Entry Fund/DepartrrienIAccount Name Account Number Increase Decrease Number 1. Expense General Fund/Agencies/Local Jobs Grant/NetBoss 00111015-088016 $14,334 $0 General Fund/Agencies/Local Jobs Grant/Triton 00111015-088027 $9,667 $0 Submarines,LLC General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $24,001 2. Revenue Opitonal Sales Tax/Non-Revenue/Cash Forward-Oct 315039-389040 $99,065 $0 1st Expense Opitonal Sales Tax/Budget Transfer-Clerk of Court 31530086-099020 $99,065 General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $9,680 General Fund/Budget Transfer-Clerk of Court 00130086-099010 $9,680 $0 3. Revenue Intergovernemental Grants/HUD Grants/HMIs 136033--331601-14809 $3,015 $0 FL0116L4H091306 Expense Intergovernemental Grants/HUD Grants/HMIS Expense 13616364-088871-14809 $3,015 $0 FL0116L4H091306 4. Expense General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $29,000 General Fund/FPL Grant/Software 00123725-068003 $29,000 $0 5. Expense General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $8,750 General Fund/Board of County Commissioners/EDP 00111001-066470 $7,250 $0 Equipment General Fund/Board of County Commissioners/Office 00111001-035110 $1,500 $0 Supplies 6. Expense General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $28,500 General Fund/Agencies/Economic Development 00111052-088010-14003 $28,500 $0 Positioning Initiative 68 Resolution No.2015- 4 Exhibit "A" Budget Office Approval: ! /' 1 Budget Amendmen1 015 Jason El Broil,Budget Director NumberEntry Fund/Department/i Account Name Account Number Increase Decrease L 7. Revenue Transportation Fund/Non-Revenue/Cash Forward-Oct 111039-389040 $310,581 $0 1st Expense Transportation Fund/Road&Bridge/Heavy Equipment- 11121441-066430 $192,000 $0 Wheel Track Transportation Fund/Road&Bridge/Other Machinery& 11121441-066490 $67,700 $0 Equipment Transportation Fund/Traffic EngineeringNehicles 11124541-066420 $25,881 $0 Transportation Fund/County EngineeringNehicles 11124441-066420 $25,000 $0 General Fund/Reserve/Reserve for Contingency 00119981-099910 $0 $66,343 General Fund/Animal ControlNehicles 00125062-066420 $25,000 $0 General Fund/Parks Department/Other Machinery 00121072-066490 $41,343 $0 8. Revenue Secondary Roads/DOT SCOP Grant/CR 512 109033-334400-12005 $684,642 $0 Resurfacing Secondary Roads/Cash Forward-Oct 1st 109039-389040 $228,214 $0 Expense Secondary Roads/CR 512 Resurfacing 10921441-053360-12005 $912,856 $0 9. Revenue Federal/State Grants/Alcohope Renewal Program/ 136033-331601-15805 $28,000 $0 FLO114L4H091407 Federal/State Grants/New Horizons 2 Program/ 136033-331601-15811 $34,000 $0 FLO440L4H091403 Federal/State Grants/Indian River Chronics/ 136033-331601-15806 $21,800 $0 FLO360L4H091405 Federal/State Grants/New Chronics/ 136033-331601-15807 $25,700 $0 FLO119L4H091407 Federal/State Grants/New Horizons 1 Program/ 136033-331601-15808 $37,600 $0 FLO120L4H091407 Federal/State Grants/HMIS Expansion Renewal/ 136033-331601-15809 $3,000 $0 FLO116L4H091407 Federal/State Grants/Continuum of Care TRA/ 136033-331601-15810 $7,900 $0 FLO113L4H091402 69 hibit "A" Resolution No.2015- / Budget Office Approval: �-- �/ Budget Amendment 015 Jasori E.Br16wn,Budget Director--- Entry Fund/Departmert/Ac�unt Name Account Number Increase Decrease Number Expenses Federal/State Grants/Alcohope Renewal Program/ 13616364-036730-15805 $28,000 $0 FLO114L4H091407 Federal/State Grants/New Horizons 2 Program/ 13616364-088871-15811 $34,000 $0 FLO440L4H091403 Federal/State Grants/Indian River Chronics/ 13616364-036730-15806 $21,800 $0 FLO360L4H091405 Federal/State Grants/New Chronics/ 13616364-088871-15807 $25,700 $0 FLO119L4H091407 Federal/State Grants/New Horizons 1 Program/ 13616364-088871-15808 $37,600 $0 FLO120L4H091407 Federal/State Grants/HMIS Expansion Renewal/ 13616364-088871-15809 $3,000 $0 FLO116L4H091407 Federal/State Grants/Continuum of Care TRA/ 13616364-088871-15810 $7,900 $0 FLO113L4H091402 10. Revenue Optional Sales Tax/Non-Revenue/Cash Forward-Oct 315039-389040 $19,035 $0 1st Expense Optional Sales Tax/Facilities Management/Other 31522019-066390 $19,035 $0 Improvements Except Buildings 70 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By . By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 71 Consent Agenda Item o, INDIAN RIVER COUNTY, FLORIDA i�r .4 ,l'„ ',.* < ,,.?,*./ DEPARTMENT OF UTILITY SERVICES Date: May 11, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services ii9 Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Ara Subject: Work Order No.4 with Kimley Horn and Associates for SCADA Upgrades at South RO and North RO DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The southern portion of Indian River County is served by the Oslo Road Reverse Osmosis Water Treatment Plant which is rated for 8.57 million gallons per day (mgd). The Hobart Reverse Osmosis Water Treatment Plant is rated for 11.44 mgd. Both water treatment plants are controlled and monitored by programmable logic controllers (PLC) and computer interfaces (HMI — Human Machine Interface) which makes up the supervisory computer and data acquisition (SCADA) system. The SCADA system is crucial to the operation of the water system and the remote storage and pumping facilities. The current PLC systems at Hobart and Oslo RO plants are a mixture of various platforms of Allen-Bradley hardware: PLC5, MicroLogix (MLX), SLC and the newest ControlLogix (CLX). IRCDUS staff experienced periodic failures with the SCADA system in the recent past which resulted in requesting Kimley-Horn and Associates to conduct an evaluation of the existing PLC hardware and SCADA system in January, 2015. That evaluation found the existing PLC5 hardware which comprises the majority of the hardware at both water plants to be antiquated. In addition to the corrosion in the panels, hardware replacements would be difficult and costly to acquire because the manufacturing and support of the PLC5 hardware has been discontinued by the vendor (Allen- Bradley). The evaluation confirmed what the Utility plant operators have voiced all along in that the existing system is slow to respond to commands, has poor communication, and does not allow any scalability for future growth or any changes to plant controls. The hardware is in dire need of replacement before it fails and is inoperable. ANALYSIS: Staff requested that Kimley-Horn prepare a proposal for assessment, remediation, implementation bidding, and construction phase services for upgrades to the SCADA system at the SCRO and NCRO Water Treatment plants. The scope is more specifically described in the attached Work Order No.4. On November 4th, 2014, the Indian River County Board of County Commissioners approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with 72 Kimley-Horn and Associates. The total negotiated cost for the upgrades to the SCADA system as outlined in work order No.4 is a lump sum amount of $119,650.00 separated into three (3) tasks. Therefore, payment will only be made for the work completed under the specific task. FUNDING: Funding for Work Order No. 4 is available in the SACDA upgrades account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. ACCOUNT NO: Description Account Number Amount SCADA Upgrades 47123536-044699- 05504 $119,650.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. 4 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Work Order No. 4 on their behalf for a sum amount of$119,650.00 to Kimley-Horn and Associates. ATTACH MENT(s): Work Order No. 4 and supporting documents (6 Pages) APPROVED FOR AGENDA: By: (gaziol Josepj. Baird, County Administrator r Date Indian River Co. Appro d Date Administration 'tg 1j ( 1 Legal Budget Utilities �ii /'— Utilities-Finance C F:\Utilities\UTILITY-Engineering\WATER\Water Plant SCADA upgrades\Agenda-WO No.4-SCADA Upgrades.docx 73 WORK ORDER NUMBER 4 Water Plant SCADA System Assessment & Remediation Plan and North WTP Clearwell & Chlorine Panel Improvements This Work Order Number 4 is entered into as of this day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services,dated November 15,2011,and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4'1'day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth In Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A(Time Schedule),attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: - — \-_4 ...._.. By: David R. Bardt Wesley S. Davis ,Chairman Title: Principal BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: • 80-ji oseph . Baird, County Administrator Approved as to form and legal sufficiency: yl n T. Reingold,County Attorney 74 Exhibit A Work Order#4 Indian River County Department of Utility Services Water Plant SCADA System Assessment and Remediation Plan and North WTP Clearwell & Chlorine Panel Design&Improvements Engineering Services PROJECT UNDERSTANDING An evaluation of the existing PLC hardware and supervisory computer and data acquisition (SCADA) system was conducted in early 2015,of which outlined numerous upgrades and improvements that are needed. The purpose of the study was to evaluate the existing outdated SCADA system and provide recommendations for upgrades and an approach with actions for IRCU to implement. The recommended work provided a prioritized and phased format to allow IRCU to address these important issues in a logical order which will help minimize disruptions in to the water treatment plant's (WIT)operations. The following scope outlines the first several phases recommended in the report, consisting of remediation and assessment of both the North and South water plant SCADA systems, and modifying the PLC and replacing the chlorine and clearwell panel at the North Hobart WTP. SCOPE OF WORK Consultant will utilize the services and provide coordination of Control Systems Design,Inc., and C&W Engineering in the execution of these tasks. TASK 1—REMEDIATION AND ASSESSMENT (NORTH and SOUTH WTP) Consultant will review each control panel at the North and South WTP, and prepare specific tasks/controls that will be interrupted and agree upon an initial approach as to whether the system has to be temporarily run with additional equipment or can be run in local manual. Consultant will review the data and operations that shall be maintained and archived without interruption. For the control panels with remote telemetry,Consultant will detail the specific connectivity that is to be removed, updated and/or can be interrupted and agree upon an approach as to how long the plant can run without this communications. Consultant will evaluate status, communications and pathing for all remote sites, K\WPB_Civll\044572031.IRCU SCADA Study\Scope\IRCU Water Plant SCADA Report-Modified.docx Page 1 75 Determine pathing and hardware location scheme to support the new Ethernet RIO connectivity and support a separate subnet for. the HMI_LAN and the RIO_LAN. Review and determine power distribution at each site for clean UPS power. Review,test, and correct deficiencies in the existing control system per the electrical remediation report, including surge arresters and related hardware. Locate existing panel drawings, make modifications to drawings and update the as- built status of the system. Evaluate PLC hardware and revision levels,Wonderware HMI tag standards and connectivity to IRCU network and prepare list of items to finalize in subsequent implementation phases. Tabulate conditions discovered during evaluation to establish a base condition for hardware/software,and help determine specific approaches to each control panel's upgrade and replacement. Prepare punch list for each panel of work to be performed in subsequent phases. Consultant will prepare a remediation and assessment report summary of existing PLC and RIO panels. The report will provide comments on each PLC and RIO panel and modifications performed to prepare them for subsequent upgrades. TASK 2—EVALUATE AND CONFIGURE PLC PANEL (NORTH PLANT) Consultant will configure the redundant CLX processors as individual processors labeled CLXA and CLXB and verify both processors are operational and can communicate with I/O and the HMI. Configuration will include rescheduling the ControlNet Network Update Time (NUT) if necessary and establish the CLXA in control of the system. Consultant will coordinate the purchase of four EN2T modules, any extra cabling and miscellaneous hardware to incorporate the modifications to be purchases by IRCU. Consultant will establish control of the system with CLXB. In the CLXA rack remove the SRM and ENBT modules and replace them with two EN2T modules. Reschedule the ControlNet NUT,configure the modules are operational and communicating with I/O and the HMI and turn control back over to CLXA, CLXB will stay as a warm backup throughout the rest of the conversion to Ethernet RIO. Once the conversion is complete,Consultant will remove CNET module from both CLXA and CLXB racks. K:\WPi3_Civi1\O44572031 IRCU SCADA Study\Scope\JRCU Water Plant SCADA Report-Modlfted.docx Page 2 76 Consultant will review and modify the CLXA PLC program to the extent possible to prepare for each new RIO panel to be added via Ethernet making tagging upgrades to standardize the program. TASK 3 -DESIGN AND IMPLEMENT CLEARWELL AND CHLORINE PANEL (NORTH PLANT) Consultant will design new remote input/output (I/O) panels for the clearwell (post-treatment) area and chlorine room which have shown severe corrosion and experience frequent failures. The existing panels will be converted to J-boxes and conduit/wire will be extended for new hardwired inputs/outputs. Consultant will utilize existing panel shop drawings as a basis for design. Consultant will prepare bid documents consisting of site plan depicting improvements which are needed for present and future phasing,and panel drawings and specifications for replacement and installation of new panels. It is assumed that no more than three (3)qualified panel system suppliers will be specified. Drawings will consist of control panel details, subplate layout, dead front layout,wiring diagrams, and specified PLC and I/O equipment. Consultant will provide coordination with purchasing department in procurement of the new panels and a panel system supplier. Consultant will review quotes/bids from the qualified panel suppliers. Consultant will provide a list showing the I/O in these panels,assist with the finalization of the specification and drawings required for the bid process and submittal review of the subsequent panel design by the hardware integrator. After the RIO panel submittal from lowest qualified panel supplier has been selected/awarded,Consultant will review submittals and begin necessary modifications to the existing main PLC program to incorporate this I/O. Consultant willremove the RIO from DTI+,reschedule the ControlNet Network Update Time andverify the rest of the system is still operational and communicating. Consultant will establish operation and communications with this RIO Panel via the Ethernet connection. Consultant will relocate existing I/O interface to Ethernet systematically, maintaining operations to the extent possible. Consultant will review each block of logic and establish operation as it did previously or better as it is migrated,before continuing. I \WPB_Civtl\044572031 [RCU SCADA Study\Scope\[RCU Water Plant SCADA Report.Modified.docx Page 3 77 Consultant will update PLC code and tagging to bring existing SCADA system up to standards createdfor the upgrade, update HMI database tags and screen connections relative to this RIO panel, and update historical data collection and reporting relative to this RIO panel. SCHEDULE In general,the following schedule is anticipated and consultant will work as expeditiously as possible to meet it: Task 1 6 -8 weeks from Notice to Proceed (NTP) Task 2 4-8 weeks after Task 1 (partially started along with Task 1 Task 3 4-6 months after Task 2 (dependent on Panel Supplier) ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project,but may be required depending on circumstances that may arise during the execution of this project. Additional services include,but may not be limited to the following: • HMI programming of any water plant operations ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • The purchase of.four. EN2T modules, any extra cabling and miscellaneous hardware to incorporate the modifications under Task 1 will be provided by IRCU. • Record panel drawings of existing chlorine room panel and clearwell (post- treatment)panel K:\WPB_Civit\044572031 IRCU SCADA Study\Scope\1RCU Water Plant SCADA Report•Modified.docx Page 4 78 EXHIBIT B -FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15,2011,with Indian River County,expiring November 16th, 2017. The Consultant will provide professional services for Task 1 through Task 3 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 REMEDIATION AND ASSESSMENT $43,500 (North and South WTP) TASK 2 EVALUATE AND CONFIGURE PLC $13,400 PANEL (North WTP) TASK 3 DESIGN& IMPLEMENT CLEARWELL $62,750 AND CHLORINE PANEL(North WTP) TOTAL $119,650 IC:\WPB Civil\044572031 IRCU SCADA Study\Scop AIRCU Water Plant SCADA Report-Modified.doex Page 5 79 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator C'Yv.—."THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Engineer SUBJECT: Award of Bid No:2015034 Martin Luther King Walking Trail IRC Project No. 1413 DATE: April 30, 2015 DESCRIPTION AND CONDITIONS A bid opening for the Martin Luther King (MLK) Walking Trail was held on April 29, 2015. The project consists of the construction of a 2,650± LF, 12' wide asphalt millings walking trail in the Gifford Community. Nine (9) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Timothy Rose Contracting, Inc. Vero Beach, Florida $128,723.60 Guettler Brothers Construction, LLC Ft. Pierce, Florida $149,526.00 Dickerson Florida, Inc. Ft. Pierce, Florida $155,974.00 Community Asphalt Corporation Vero Beach, Florida $166,402.36 Sunshine Land Design, Inc. Stuart, Florida $170,455.92** Treasure Coast Construction Mgmt. Vero Beach, Florida $177,252.79 Tan Construction Services West Palm Beach, Florida $211,089.90** * Blue Goose Construction Fort Pierce, Florida NA * One Call Property Services, Inc. Stuart, Florida NA * Failed to submit bid form as updated by addendum#1—determined to be unresponsive. ** Denotes a mathematical error that was found and the bid amount corrected. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $128,723.60. Timothy Rose Contracting, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. FUNDING In 2014,the Florida Department of Environmental Protection's(FDEP)Recreational Trails Program(RTP) awarded $134,000 cost-share grant to fund construction of the ±2,650' trail. Cost match for the grant application was provided by a cash donation of$15,000 from the Indian River County Hospital District Board of Trustees and in-kind services to be provided by county staff. 80 F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail\Admin\agenda items\BCC Agenda Award of Bid.doc Page 2 Award of Bid No: 2015034 Martin Luther King Walking Trail For May 19, 2015 Funding for construction of the walking trail is budgeted and available from Account No. 12420415- 066510-15014, MPO Fund/Planning/Martin Luther King Walking Trail. RECOMMENDATION Staff recommends that the project be awarded to Timothy Rose Contracting, Inc. in the amount of $128,723.60 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Indian River County Appr••,:•- Date • Administration `� 4 1 Timothy Rose Contracting, Inc. j 1/2 Andrew Sobczak, MPO Senior Planner Budget / Legal APPROVED AGENDA ITEM Public Works _ Engineering FOR May 19, 2015 Purchasing 5'12- i s BYO-• • , . • - Iii g 81 F:\Public Works\ENGINEERING DIVISION PROJECTS\I413-Martin Luther King Walking Trail\Admin\agenda items\BCC Agenda Award of Bid.doc SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 -WORK 2 ARTICLE 2-THE PROJECT 2 ARTICLE 3-ENGINEER 2 ARTICLE 4-CONTRACT TIMES 2 ARTICLE 5-CONTRACT PRICE 3 ARTICLE 6-PAYMENT PROCEDURES 3 ARTICLE 7-INDEMNIFICATION 5 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9-CONTRACT DOCUMENTS 6 ARTICLE 10-MISCELLANEOUS 7 JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) 00520-Agreement(Public Works)SAMPLE 8 00520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking TraiMdmin\agenda items\00520-Agreement(Public Works)SAMPLE doc SECTION 00520 - Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of the construction of a 2650± LF by 12' wide asphalt millings walking trail. This walking trail loops through two properties in the Gifford Community located at the corner of 451" Street and 28th Court. One is the current site of the Historic Macedonia Baptist Church and the other property is the Gifford Health Center. Also included with project will be clearing and grubbing, grading and sodding. 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: Martin Luther King Walking Trail County Project Number: 1413 Bid Number: 2015034 Project Address: 2880 45th Street & 2625 28th Court Vero Beach, FL. 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 00520-Agreement(Public Works)SAMPLE 81 00520-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail dmin\agenda items\00520-Agreement(Public Works)SAMPLE doc A. The Work will be substantially completed on or before the 90th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 120th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is 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 $884.00 for each calendar day that expires after the time specified 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 $884.00 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. 00520-Agreement(Public Works)SAMPLE 8 00520-3 F'\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail\Admin\agenda items\00520-Agreement(Public Works)SAMPLE.doc A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work 00520-Agreement(Public Works)SAMPLE 8! 00520-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail\Admin\agenda items\00520-Agreement(Public Works)SAMPLE.doc under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, 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. 00520-Agreement(Public Works)SAMPLE 86 00520-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking TrailWdmin\agenda items\00520-Agreement(Public Works)SAMPLE doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents `?3 41+5::4_.Yit'7 ='`. A. The Contract Documents consist of the followin ''° 1. This Agreement ) g (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 'Oh AO 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. General Conditions (pages 00700-1 to 00700-44, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 3, inclusive, with each sheet bearing the following general title: MARTIN LUTHER KING WALKING TRAIL; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A— Indian River County Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 00520-Agreement(Public Works)SAMPLE 87 00520-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail\Admin\agenda items100520-Agreement(Public Works)SAMPLE doc 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 16. 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). 17. Contractor's Final Certificate of the Work (page 00632-1 & 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract 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. 00520-Agreement(Public Works)SAMPLE S8 00520-7 F:\Public Works\ENGINEERING DIVISION PROJECTS11413-Martin Luther King Walking Trail\Admin\agenda items100520-Agreement(Public Works)SAMPLE.doc 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Atte.,„, • ty [The remainder of this page was left blank intentionally] xlrA [d b "..rs .7 00520-Agreement(Public Works)SAMPLE 89 00520-8 F:\Public Works ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail\Admin\agenda items\00520-Agreement(Public Works)SAMPLE doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer Jr. P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-Agreement(Public Works)SAMPLE 90 00520-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking Trail1Admin\agenda items\00520-Agreement(Public Works)SAMPLE.doc CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Directo, Christopher J. Kafer,Jr., P.E., County Engine-, /- FROM: Richard B. Szpyrka, P.E., Project Engineer el* SUBJECT: F.D.O.T.County Incentive Grant Program(CIGP)—Locally Funded Agreement(LFA) and Resolution Authorizing the Chairman's Signature for Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of Various Parcels for the Construction of Intersection Improvements at SR-60 and 43rd Avenue and Authorizing the Chairman's Signature for the Three Party Escrow Agreement IRC Project No. 0853, FPN -431759-1-4B/42/43/45-01 DATE: April 27, 2015 DESCRIPTION AND CONDITIONS Intersection improvements at SR-60 and 43rd Avenue are funded in the latest Capital Improvements Element, approved on December 2, 2014. The acquisition of right of way for construction of these intersection improvements is estimated to be $8,809,254.00. Through the FDOT County Incentive Grant Program (CIGP), FDOT has provided a Locally Funded Agreement(LFA),whereby FDOT and the County will share the cost of right of way acquisition. If the County agrees to provide one-half(1/2)of the cost for right of way acquisition($4,404,627.00), FDOT agrees to provide the other one-half(1/2)($4,404,627.00)of the funds for right of way acquisition. The agreement requires that the County's portion of the funding be submitted in three payments over a three-year period, with each payment being submitted no later than October 31 of each fiscal year, starting in FY 2015-2016. Specifics for the funding can be found on pages three and four of the attached agreement. FDOT has provided a Three Party Escrow Agreement(Exhibit B) which will establish an escrow account for the project for project funding to be disbursed by an Escrow Agent. FUNDING Funding for the County's share in the amount of$2,111,907.00 for FY 15-16, $1,271,523.00 for FY 16-17, and $1,021,197.00 for FY 17-18, has been allocated in the County's Five Year Schedule of Capital Improvements from Optional Sales Tax/Right of Way/43rd Ave-SR 60/18th Street to 26th Street, Account Number 31521441-066120-06041. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached F.D.O.T. County Incentive Grant Program(CIGP)—Locally Funded Agreement(LFA),Resolution Authorizing the Chairman's Signature for Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of Various Parcels for the Construction of Intersection Improvements at SR-60 and 43rd Avenue, and Authorizing the Chairman's Signature for the Three Party Escrow Agreement. F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST(Arcadis)\Admim\agenda items\FDOT CIGP LFA 91 Agenda 041515\0853 BCC Agenda Memo for Resolution for FDOT CIGP-LFA Agreement 041515.doc Page Two Richard B. Szpyrka, P.E., Project Engineer Agenda Item for May 19, 2015 ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. F.D.O.T.County Incentive Grant Program—Locally Funded Agreement-431759-1-4B/42/43/45-01 4. Three Party Escrow Agreement DISTRIBUTION 1. FDOT-District 4 APPROVED AGENDA ITEM Indian River County Appro •d Date FOR: May 19, 2015 Administration ,T•� /�y�/`� Budget 5415 By:/0 , .� a 1 0./ Legal /LA 1 _5- 1) 1 Public Works (�r�--- 57 ,,/'/ s Engineering CX /- F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST(Arcadis)\Admim\agenda items\FDOT CIGP LFA 92 Agenda 041515\0853 BCC Agenda Memo for Resolution for FDOT CIGP-LFA Agreement 041515.doc GRANT NAME: FDOT County Incentive Grant Program(CIGP)&Locally Funded Agreement(LFA) GRANT# 4295431759-1-48/42/43/45-01 AMOUNT OF GRANT: $4,404,627.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J.Kafer,Jr..P.E.County Engineer TELEPHONE: (772)226-1221 1. How long is the grant for? Until June 30,2018 Starting Date: When executed by FDOT 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 25 5. Grant match amount required $4,404,697 00 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 4,404,677 00 Grant Amount Other Match Costs Not Covered Match Total First Year $4,404,627.00 $ $4,404,627.00 $8,809,254.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year Signature of Prepazer /11°•, „, / Date: 93 RESOLUTION NO. 2015- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM - LOCALLY FUNDED AGREEMENT AND THREE PARTY ESCROW AGREEMENT FOR RIGHT OF WAY APPRAISAL, CONSULTANT, ACQUISITION, AND RELOCATION SERVICES OF VARIOUS PARCELS FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT SR-60 AND 43RD AVENUE WHEREAS, the acquisition of right of way for the construction of intersection improvements at SR-60 and 43rd Avenue is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay 50 percent of the cost for Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of Various Parcels for the Construction of Intersection Improvements at SR-60 and 43rd Avenue under the County Incentive Grant Program (CIGP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 50 percent of the project costs as its portion of funding for acquisition of right of way for the construction of intersection improvements at SR-60 and 43rd Avenue. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, the County Incentive Grant Program — Locally Funded Agreement and Three Party Escrow Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis,Chairman Attest:Jeffrey R.Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to orfri and gal Sufficiency 'W jbylan Reingold,County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST(Arcadis)\Admim\agenda items\FDOT CIGP LFA Agenda 94 041515\0853-Resolution CIGP-LFA Agreement 041515.doc Financial Project No.:431759-1-4B/42/43/45-01 COUNTY: INDIAN RIVER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT THIS County Incentive Grant Program Agreement("Agreement"), entered into this day of , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and INDIAN RIVER COUNTY,hereinafter referred to as the"COUNTY." WITNES SETH WHEREAS, the DEPARTMENT has the authority, under F.S. §334.044, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Fla. Stat. §339.2817 to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of F.S. §339.2817; and WHEREAS, the COUNTY is willing to provide the DEPARTMENT with financial assistance under Financial Management (FM) 431759-1-4B/42/43/45-01 for the Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of various parcels for the construction of intersection improvements at SR-60 and 43`d Avenue. Refer to Exhibit A, Scope of Services attached hereto and make a part hereof; and WHEREAS,the purpose of this Agreement,the right of way Appraisal,Consultant,Acquisition, and Relocation services for intersection improvements at SR-60 and 43`d Avenue is hereinafter referred to as the "Project"; and WHEREAS,the COUNTY by Resolution No.: on the day of , 20 a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein,the parties agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. SERVICES AND PERFORMANCE A) The Project consists of right of way appraisal, consultant, acquisition and relocation services at the intersection of SR-60 and 43rd Avenue. Page 1 • 95 B) The DEPARTMENT agrees to undertake the Project in accordance with all applicable federal, state and local statutes, rules,regulations,and standards. C) The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. D) The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project.The DEPARTMENT will make reasonable efforts to obtain the COUNTY input in its decisions. E) The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and the details thereof. Either party to the Agreement may request and be granted a conference. F) All tracings,plans, specifications, maps, and/or reports prepared or obtained under this Agreement shall become the property of the DEPARTMENT without restriction or limitation on their use. G) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Indian River County 3400 West Commercial Blvd. Public Works Department Fort Lauderdale, FL 33309-3421 1801 27th Street Attn: Donovan Pessoa Vero Beach,FL 32960 With a copy to: Van Neilly Attn: Christopher Mora With a 2nd copy to: General Counsel 3. TERM A) Except as otherwise set forth herein, the term of this Agreement commences upon its execution by both parties and shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2018,whichever occurs first. B) This Agreement shall not be renewed. Any time extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions as set forth in this Agreement and contingent upon the DEPARTMENT'S Director of Transportation Development or Designee's approval. Page 2 96 4. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of the Project as previously described above. The COUNTY agrees to provide one-half(1/2) of the cost for Project expenditures and the Department agrees to provide the other one-half(1/2) pursuant to F.S. §339.2817 B) The estimated total cost as set forth in the DEPARTMENT's adopted work program for this Project is EIGHT MILLION EIGHT HUNDRED NINE THOUSAND TWO HUNDRED FIFTY FOUR DOLLARS AND NO CENTS ($8,809,254.00). The COUNTY's estimated share for the Project is FOUR MILLION FOUR HUNDRED FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND NO CENTS ($4,404,627.00),which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds provided,the difference shall be refunded to the COUNTY. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the COUNTY, then any additional cost shall be the sole responsibility of the COUNTY. The COUNTY will submit the funding for the Project in three payments. The COUNTY agrees that it will, no later than October 31, 2015, furnish the DEPARTMENT with a check for the funding required for Fiscal Year 2015/2016 in the amount of TWO MILLION ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED SEVEN DOLLARS ($2,111,907.00). The second payment, which is the required funding for Fiscal Year 2016/2017, in the amount of ONE MILLION TWO HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS($1,271,523.00)is due no later than October 31, 2016. The third payment, which is the remaining funding required for Fiscal Year 2017/2018, in the amount of ONE MILLION TWENTY ONE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS ($1,021,197.00)is due no later than October 31,2017. In the event the first payment is not received by the DEPARTMENT by October 31,2015, the Agreement may be terminated and the right of way acquisition halted. Existing and future phases of the Project will also be halted and cancelled. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 431759-1-4B/42/43/45-01. The DEPARTMENT shall utilize this amount towards costs of project 431759-1-4B/42/43/45-01. Page 3 97 The funding breakdown is as follows: Phase No. Fiscal Year County's Department's �s Share Share 2014/2015 $0.00 $507,961.00 4B 2015/2016 $507,961.00 $240,164.00 2016/2017 $159,807.00 $0.00 2017/2018 $80,357.00 $0.00 SUBTOTAL $748,125.00 $748,125.00 2014/2015 $0.00 $646,446.00 42 2015/2016 $646,446.00 $0.00 2016/2017 $167,621.00 $167,621.00 2017/2018 $0.00 $0.00 SUBTOTAL $814,067.00 $814,067.00 2014/2015 $0.00 $0.00 43 2015/2016 $916,500.00 $916,500.00 2016/2017 $916,500.00 $916,500.00 2017/2018 $904,435.00 $904,435.00 SUBTOTAL $2,737,435.00 $2,737,435.00 2014/2015 $0.00 $0.00 45 2015/2016 $41,000.00 $41,000.00 2016/2017 $27,595.00 $27,595.00 2017/2018 $36,405.00 $36,405.00 SUBTOTAL $105,000.00 $105,000.00 TOTAL AMOUNT $4,404,627.00 a $4,404,627.00 C) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature. Page 4 98 D) In the event Project modifications increase or exceed the estimated amount of the Project authorized in paragraph 4(B), the DEPARTMENT and the COUNTY shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to fund the completion of the Project. Any funding increase as a result of modifications to the Project shall be added by means of an amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the COUNTY and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever, the Project shall not include such modifications. E) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days(360)of final payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant,not when the right of way acquisition is complete.All Project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three(3) years after final close out of the Project. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of Project costs, pursuant to the terms of this Agreement is less than the total deposits to date,a refund of the excess will be made by the DEPARTMENT to the COUNTY.If the final accounting is not performed within three hundred sixty(360)days, the COUNTY is not relieved from its obligation to pay. F) In the event the final accounting of Project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT.The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40)calendar days until the invoice is paid. G) The payment of funds under this Agreement will be made directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached Three Party Escrow Agreement between the COUNTY, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury, a copy of which is attached hereto and made a part hereof as Exhibit B. H) Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the Project,the Agreement may be amended to identify the respective responsibilities and the fmancial arrangements between the parties, and/or a new Agreement will be procured and executed. 5. MISCELLANEOUS A) Upon completion of the construction of intersection improvements,the DEPARTMENT will convey title to these parcels to the COUNTY. However, if the DEPARTMENT acquires any parcels adjacent to SR-60,the DEPARTMENT will retain those parcels for use in connection with the State Highway System. Page 5 99 B) This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. C) The DEPARTMENT will comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. D) The COUNTY/Vendor/Contractor: (1) shall utilize the U.S.Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the COUNTY/ Vendor/Contractor during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. E) No funds received pursuant to this Agreement may be expended for lobbying the Legislature,the judicial branch,or a state agency. F) This Agreement is governed by and construed in accordance with the laws of the State of Florida.Venue with respect to judicial proceedings arising out of this Agreement shall be in Broward County,Florida. G) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 6 100 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , , by the Chairman of the Board of Commissioners,authorized to enter into and execute same by Resolution Number of the Board on the day of , and the DEPARTMENT has executed this Agreement through its District Director of Transportation Development for District ,Florida Department of Transportation,this day of INDIAN RIVER COUNTY,FLORIDA ATTEST: (SEAL) CLERK OF COURT BY: WESLEY S. DAVIS CHAIRMAN,BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND CORRECTNESS: iLit/4' /f 3/7-/ BOUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY: EXECUTIVE SECRETARY STACY L.MILLER,P.E DIRECTOR OF TRANSPORTATION DEVELOPMENT NAME: DISTRICT Availability of Funds Approval: LEGAL REVIEW: (Date) OFFICE OF THE GENERAL COUNSEL Page 7 101 Exhibit A Scope of Work FM# 431759-1-4B/42/43/45-01 The DEPARTMENT shall acquire parcels, as depicted in Figures 1 through 6, located on SR-60 and 43rd Avenue in Indian River County in accordance with the terms of this Agreement. The parcels to be acquired are for the Construction of SR-60 and 43rd intersection improvements. Parcels and types, depicted in Figure 1 through 6,are subject to change. Also, additional parcels may be added. Page 8 102 _ _ _t_L .JO 9 133HS. 3NJl H31VOI I \ \, 3f1N3AY aNZ; f 3f1N3/1r OW*. ail ,1 o W \ ` II d . arg..."- .60, tg! 1.1 1 .0011 / .- r ; t — g�� o o i III rM J I Y >A .1,,' „ I I ; wit. .111 \\ mak' SES g I� R � / Igle Hi illifggYitr g t Q \ lr I3 r4 1!.....,?,,A-241 ,5g=g,tit.4t..gee i 1 lig ! 1= .g.,1 a1 `�`e A Ir t 0 \ \ be 9 I I itii I i 1 W� 5s` I ; Q. I \I- ,-� p J° ` ` 'Ir 4 `• CFS 1Ile 2i p 2 * v �- \ 0 1 I I1 w l \ : If1/39 Oi�A!7 AW �� tJ lnt 4nri- I /_ __ SIw(1.U17 .PN i--•.,.,„,„7,,,,,I... lkk--- Jnl ilei or�� _ ,—t;\ a ;:,; -�= ..,„ -1� N as Q'I \, 3f1N3A aN£; I s p 3nN3hdaZl bkP," elle-0 ,3„,�r Ca)assol stepto I 0" i _ �n ziaws I 3QN3AV Otl£1, -r I --� 1 t'3 „.7-1-\_' _ sii LT, �w p Z I �'l+ i eee r • .z 1 N �.ri� L1`I�o'� • J —1 , 4 & l Q/ �lF— i t � _ . A i ffd.`Je • 1111o gli itisd` ET H I �� oI Eli tyl 16 ye i� ` I (133HS SIHl)__V. 3NI1H3IV 10-t -/i=4kt.; 8 , t• V" Ig'! 1 I �, _.—. • It � - t j1 .. , , . I \ \\ [ fie:it � F 1, . Itg .: - ..\ i R . g lc, ?d i \ N� , ti �� �y I p� 1 a IN ki --- tS I\ \ P—� Y�{L�;;-3' I �g 1f � v 2 se. \ \ i– �� Aram___ – 1 yid5 i`�r 1 q. Et \ 0. Ee -% Ir ! \ 1 irlci (133HS SIHI) „V, i 3NI1 H31Vy I I 103 ._ LI 30 L 133HS 3NI1 HOIVV F ._._.—.� w . „ ¢ e I r. A = N W y J 11 — ; !J! Y i 1 aTu6,'—i kilj-— • —-3f1N3AV IT 3 __ (•d•—11/8 A4 1 I' I aQ ('d-allow two-1h ni) y i �Co! b ) � 1 `, :, - $ — I _� F-- ti I 1 ' I II <Ix. 11 1R3 � "qi 1E1 - � OAm a I Y _ •Y I�� xiniZ ~— J, iaii - Y- g YI I kI I 0 41 I , — �. V I I .nn i r .ry e l I i/ III 3 n n . , II I < 1 I4- it 3 41-:!' It Dy0i N IIU w I. .= . J.'',.I i m gM r I I J% —1 a I I 0 ti S'inI 1 1 I I ('j f-..-1 I , c - (•d-WM,OA 3—- Ne_mbi.04 3f N3AV 1St* I 3f1N3AY 1EG,— +1 ('d 3/11.611Y3/11.611Y OOYNOlOO) .ns__ Q -j g g I 1 Pg � � I gD a { €I a "r a p $ Q ty11149� i # It i� 0 i'1- l^ I b m p iI I � 1 ` a I'���` I, v 1 a I 1 el 1 31 I ..1.:^ *r< I gE ii 6 a F g' t L' § I 1 Za i I i`��O pry ®6g4 I r a e,. .1 I .q� + s �ti I i ma Q `\ � 1 � I r Ali 1 1. k' § IV 1 ilibhi 1 li Igl 1 1 !el I Ilit 2 S 3f1N3AY QNZl 1 NI-3roanv r i; $ —I— I saran0 . � i • Ll 30 S 133HS 3Nn H3!Vv '312€.1A-V__°/.4— — �"<we'g1" Jn e`$: gee 104 1- t I I I I in 4 ii e i _ .. A Q '` :IP W I I t 0C 8�� a o@ 1 t I � = �� ' p 'tri,.. A , iii I 0 g I O —F.1 Y. I Y l l O I t O w` #1 ' i'41 1 t �a1 s�Ii . I sdoo1 ------ c - ..0_ 1 i ' 1 Li 3nrr3/iv lacy 4 1 tel-3rt16M1Y slolcn) 5 1 �C 1 1 - 1 - I ------ICI ;f i 111 i; Jl it ! ; ., i -1 1 I • + d p(g[ f 5 i.i1 I 'gR I �e AV sal 1. $ I N 1 O ir.. .o€.B€ .std P h deo© M 0Q 2g n � <NIigl1tt •W o — 1I— - a a (.a-AA.fls) I __ -- (W3AY HI-},- . ks�--- r--—Fir — (a—�rutaa uv3) I In k . �� I I +- 1 tWt 12_ (1 O m II 8 7 Im� ' t[ o rt 2 I ' ..;IR 0.1f t ` I .: ' '1 I O W C^L n.c �f l^ t 1 .1i �ii� -. .111J l cd—10,0e) 'ill e! 1 j M! - , i i ------4--= - I I Ca3 arrt w solmv) a " .� i +�. ------ , o (-4_414.,,,,:„_) ' I I 5 1 3n-fp FLl6£ ¢ z -a to-3111300153119 ( t CS , x1172 1 tlp, j Hi .� YTh 1 ! I ly la i // J-P C'g S I k L ' !-J I & 0:i' I I Yea .. 1 _ _ _ _ irl _ E� - I _L • i ll 3O 9 133HS 3iS 3Nl H51VY , _ 105 _ •_(133HS SIHl) „8„ 3Nn Holm ll JO S 133HS 3N11 HaLWN � � j RI� i • $ -rtij '� � �'�,Jk]11 6 ----j 1C'bilVi- ''R t I i 4 .1 - I 4. I 14 1 1:, 1 ii I1 , . ..,• ; a I� til 33 l 1 §.4 pN ST •I _ p ec OA1 y -• --_'— _o- 1 n�I } _ 11_ 8�l fy� J EII } ,,,..---4k� R 1 � 1 O1�St ��>.®��',t�itwl p. bd I c I E t. 2 8 .f i, 'vac E '� 1 O �g�--gt - 1 1 111 ti a I IVA 4- lit 1a '"1 I ' a - ', N,/.) I.r..ate *' ��' 0 vg ®, 1 ti, fIti,l eltie •i .gce t Ili' ill i4,1 Hy P-38 lir .201 Ira r >? i �-1,A—y-- ,.—Ii-'-,' rI °i �__-_� III i I �[ E y b i'I. Q 1 1 I I Di' �.. I.Ilk ciEi¢�� ikig 'Qz 1 P i r. I11�J+III y _czH „g t t k'� I 7 +a &E gl1 s� t Q; t{ P it I .0.cj T O a 0 i ® Ir >+ •i I go mag # t� •• I a j • �i� H' ; I I 3 E H u 4 I1 i-t I L�1-— • S �' l I '. .. I an I111.121, A 1ti7Il II IISH191, It., ( i h p it F4ft 1 ll ! j .1 ii E I`� l r gli @ I T. 11A • 1 tl: is., t .?:.(2: it r1 d I �e ,3f1- & 01, II1 � % 1� I (t 0 66. II t 1_ 1 r----------`—I�n ,- -.4.--lIV 1 1 .t. a Its It I , E 1 I : L 7 0' t 1 �1 6 a i t 1 J I I; -- ..I I 1 (•I - i l L--- --ac I1 a 1"I s 1 N-40.0 e- I"l.d-11/ .0 bw� �I I -a --1 , ,r.. _ � d sisisi- ILII I: I mauls rust ti�als H>sl} eF 4 8 -------41 ' - I -- IN.,' ;aia� I ► 1 $ � --- I$ t 101 , : _ II t ti �'p yet CtF a I' ala a , I as �loogl gQ I, III E i I '!1- ° 10 I_� �5 1 11 g VI 8 , I, I I E Y f; 3 1I e I! r1 _ Ill �, 1 0 _ p 1 L' 1 I $,i• g 1 A A.c. I { W 7t i4; i I ,< Ie I N Iir' ItJ z if 1 ;�. I s �p�Vfi0 2I II I . •. \ & >•4ka�( © II -f31 to 1 I If 1, 11 i I ' R. 1 �p P 1 L k II rc e !------1. I1 tit 1.1 I I R g IV 1 g I i I �,I a� +� ® 1;11111ilzai III I I - Ii,: ' _ I �� �� o6.{ ]h4 p �! I I 6 §I 1_.._.—J._._—._ RR (133I-LS SIH1) „B„ 3Nn HOIvW 106 W fa "! a o'1�J F 0 _ _ (133HS SII-11) ,.3. 3NI1 H31VVV _ ll 3O 01 133HS 3NI1 HOlVIN _ . O 1 I i r-.— — . •—. ,_ ,— Z V V ----- -�r��- 1:= is .-..a, R� I bG I I "--1)i f f ,11'Y¢' > !b I i� Ja ''~ Y 1� 1{ AP I O o 0 ; 1 i ` 2 S 58 S37 1 ' Ii g I I e I a 8 qii a � I®II5 4 r, ' b8 pl ----- �� A I �,, V-6- H i�tltili �5 t I , A I 1 g , 4 NI-MI.off I S r amaa= Iii;_ f 1 I — 3JNNld 1SlZ ' -- 1 i 11!@ �elt.&2 y0O® ('d-vac 3*18MJ) ► I IS Pg I , _ 11! !: 12'1 i 8 ! r - a`.. 8 ji: 1 ,tji 1 ib ! gIaE(## Rg ��2,y$Q11:{, gni 1 : 1 !tbE, 1 I� 3 tl e al. I $ , ts tX .M I. 1 II ig O-18. Y1 int ' .11`I 1 11 d 6 Ir..a giIIii "15: Iw ; ' 14L!I za t' I In 'aw>. I1 a „ �R K ,.. e.,. I. p g I I 111 i I{ It§ ' 12 0 , it ll ' IP z 1 kg ,i,g 14 '1A •`', g l a � I II( i 13 ' a Ng y ii�I� `, ''� 8 1 I �d �� 8 I :,.,� "moo 11 ? 0 F I a ' !imi 1 1 :� _� .-, n i , �S� I y 1 1 • .I .40l- •1 I. 1 L I 1 -5PJ e .I 1 ,, , ! Ski I e + >� -- — I g , 95 i sl yII ' 133ais _1'J 1 I 3/ 1 ' 1 '' -----\ CI I IL:I w� 6rim �5 a r) 1 OPe' {}L • Ea @�I ' aP .q '1t1LU ? zi 6.\___ \s j s I il a- ,00-:,... ....„---- 1" Y a R _c I 15 .rip i I,, MP\ Nf wP �' , !e zl ,�R jB," '' ,d 43 34010 stamil ina) ;I I Pa stab `.>.. t 1- 5 r---11111 ,... , .I >R I 1 g m # I s' i Oar'~ .610 , , I 1 .i 8E N .ISI 4 fil _._._ _ _ _ _ 1 _ ._i_I _ �.�.I;4r1— GPI Il JO S 133HS 3NI1 HOIVN1 (133HS 5IHI). O„ 3N11 HOIVVY 107 1- W w /� 1 1! 1 IIIHIIH Ql )-- 1 g! 1 1 1 1111111111 1 1318.1.51-119Z o 000; e0004d ‘,1:1 z !aq g ii AVO k-:1=_F�t2 § F tv Iwo aaxa = Ei - "-. - _•d - _ N *-oaf ax4 _67RE- ._� a a Z Vlil;nadaiggo 0 r gi . / g i .i ! rk f K c i :[ii il. IjU t, I II 1 I - R aax..^ 5 j 11 '1 0 Hill °' i' 11 111d1 111111 ime g , oo onoo oo 006 0 F � -3 �e yy o CD L& i3 c 8 1 ' F ill Y, _ a t- N i4$$ ei cc I I e I� � , o 00 0 e �s EA , n b: { . . gij.. i$ .�q ISE i dl I. ~ 3 it 1 iii iil I 1 *Si 0w < i c i I I I ;gait I 12 1IE E, I 5t d o E I : I v z 3 if 1Q r-1. l 91 g LEs 46 iiI I 3 31 8 I I F B i 1 ' "11 1 ''f' ' l' ' 11 tg il i I i r..ree'g EC Alzugs. 4Q0 -i IA JO 6 133HS 3NI1 HaLVIN 3 108 EXHIBIT B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), INDIAN RIVER COUNTY ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. \\. \•• WHEREAS,FDOT and Participant are engaged in the following project("11<11. 7): Project Name: Right of Way Appraisal, Consultant, Acquisif nd Relocation Services Project#: 431759-1-4B/42/43/45-01 County: Indian River County '� WHEREAS,FDOT and Participant desire to establisi scrow account for the project. NOW THEREFORE, in consideration of the ses and the covenants contained herein,the parties agree to the following: 1. An initial deposit will be m deto an interest bearing escrow account established hereunder for the purpthe Project. The escrow account will be opened ot " with the Escrow A behalf of FDOT upon Escrow crow Agent s receipt and execution of this ement. 2. Other de Ifo the escrow account maybemade during uring the life of this agree 3. 0 - . Is will be delivered in accordance with instructions provided by the Escrow '\ �: nt to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used wheneverP ossible. #, FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of Page 15 109 return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds``to FDOT. FDOT agrees to provide a copy of such written confirmation to Partielp)nt upon request. m. 8. The Escrow Agent further agrees to provide quarterly reports to F t •`concerning the escrow account. FDOT agrees to provide a copy of suety< • •rly reports to Participant upon request. v 9. The Escrow Agent shall not be liable for anyerror of ��d! &rit 1��n nt or for any act done or omitted by it in good faith, or for anything may in good faith do or refrain from doing in connection herewith. AS, 10. Escrow Agent shall have no liability fdamage laim, cost, expense, or loss due to the acts or omissions of FIiand Participant, nor from any separate agreements between FDOT d Participant and shall have no responsibility to monitor or enforce any res ibilities herein or in any separate agreements associated with this Agro between FDOT and Participant. 11. This Agreement slekbee governed by and interpreted in accordance with the laws of the State of qo i •:a. 12. This A a,z• t may be executed in two or more counterparts,each of which shall be de.. ;. an original,but all of which together shall constitute one and the same inent. 13 Agreement shall terminate upon disbursement bythe Escrow ow Agent of all CC„ money money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent (S, that the account is to be closed. Page 16 110 IN WITNESS WHEREOF,the parties have duly executed the Agreement on the date(s) below. For FDOT(signature) For PARTICIPANT(signature) WesleyS. Davis \ ' Name and Title Name o 59-3024028 Chairm �� Federal Employer I.D.Number Title �� V F-596-000 - 6 Date Federal ' yer I.D.Number e e For Escrow si Agent(signature) ( gn ) Name and Title 6+\) Date Page 17 111 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), INDIAN RIVER COUNTY ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS,FDOT and Participant are engaged in the following project("Project"): Project Name: Right of Way Appraisal, Consultant,Acquisition, and Relocation Services Project#: 431759-1-4B/42/43/45-01 County: Indian River County WHEREAS,FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein,the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance 112 with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. 113 IN WITNESS WHEREOF,the parties have duly executed the Agreement on the date(s) below. For FDOT(signature) For PARTICIPANT(signature) Wesley S.Davis Name and Title Name 59-3024028 Chairman Federal Employer I.D.Number Title F-596-000-674-016 Date Federal Employer I.D.Number Date For Escrow Agent(signature) APf''K.CVED5 TO BY it' 1 '. Name and Title AifLL.iAN K. DEPUTY COUNTY Ail "");N Date 114 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director ( -" Christopher J. Kafer,Jr., P.E., County Engine- AP/ FROM: Richard B. Szpyrka, P.E., Project Engineer 4;;„ SUBJECT: Amendment #7 to the Civil Engineering and Land Surveying Agreement for Intersection Improvements at SR-60 and 43rd Avenue and the Widening of 43rd Avenue from 18th Street to 26th Street with Arcadis US, Inc. IRC Project No. 0853 DATE: April 23, 2015 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (fka Arcadis, G&M) is under contact with Indian River County to provide Civil Engineering and Land Surveying Services for improvements to the SR-60/43rd Avenue Intersection and the widening of 43rd Avenue from 18th Street to 26th Street. Attached Amendment No. 7 includes the following: • The project was designed at the same time as the widening of 43rd Avenue from 18th Street south to 8th Street, designed by Carter Associates, Inc. Both designs assumed that construction would happen concurrently,and therefore design of a transition from the new four lane configuration to the existing two lane configuration was not included in either plan. It has been determined that the roadway widening south of 18th street (the Carter Associates, Inc. design)will not be constructed until later and plan revisions are needed to provide for a transition from the new four lane section to the existing two lane section. The roadway/drainage plans and profile sheets will be revised to show required improvements. • In addition,the two projects designed by Arcadis US, Inc.&Carter Associates, Inc.were coordinated to incorporate a portion of the stormwater treatment for the Arcadis US, Inc. roadway into the Carter Associates, Inc.design for stormwater treatment. It has been determined that the roadway widening and drainage system south of 18th street (the Carter Associates, Inc. design)will not be constructed until later.Therefore, revisions to the Arcadis US, Inc.design are necessary to provide for a drainage system to accommodate the portion of the Arcadis US,Inc.project that was originally directed south into the Carter Associates, Inc. project.The design will consist of inlets and pipes to convey runoff from 43rd Avenue to a new stormwater drainage pond. Hydraulic calculation will be performed to size the pipe system and the stormwater drainage pond.The roadway/drainage plans and profile sheets will be revised to show required improvements. • The project design will be updated to FDOT 2015 design standards. The total negotiated lump sum for Amendment No.7 is$93,691.61.This amount added to the current contract amount of$1,008,786.05 results in a new contract amount of$1,102,477.66. F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST(Arcadis)\Admim\agenda items\Arcadis Proposal 115 042215\0853 BCC Agenda Memo for Arcadis Amendment#7-0423I5.doc Page Two Amendment No. 7 Arcadis US, Inc. Agreement BCC Agenda Item for May 19, 2015 FUNDING Funding is budgeted in Optional Sales Tax, Account No. 31521441-066510-06041,43rd Avenue &SR-60— 18t1i Street to 26th Street. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 7 for a lump sum fee of $93,691.61 and requests the Board of County Commissioners Authorize the Chairman to execute the attached amendment on their behalf. ATTACHMENTS 1. Amendment No. 7 with Arcadis US, Inc. DISTRIBUTION 1. Hank Deibel, P.E., Arcadis US, Inc. APPROVED AGENDA ITEM Indian River CountyApp 'ved Date li FOR: May 19, 2015 ,* -/J/y �, AdministrationB 1 ► Bct)✓4/1 Budget 4‘ 5/i4i5 1/4 Legal p l 5 - l .� 5 Public Works C- - S 5/&/IS 5/Engineering ' 1.S- F:\Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 26th ST(Arcadis)Wdmim\agenda items\Arcadis Proposal 116 042215\0853 BCC Agenda Memo for Arcadis Amendment#7-042315.doc IMPROVEMENT OF THE INTERSECTION OF SR 60&43RD AVENUE PROFESSIONAL CIVIL ENGINEERING& STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 7 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (fka ARCADIS G&M, Inc.), Inc.AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated September 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section I—Project Limits and Description", "Section III- Scope of Services", and "Section V- Compensation". Amendment Description This Amendment includes the following: "SECTION I-PROJECT LIMITS AND DESCRIPTION"is being modified to incorporate the following: Consultant services are required for the preparation of road design plans; bridge plans; permit applications and utility relocations associated with the construction of SR 60 / 43'1 Avenue Intersection Improvements. ARCADIS US, Inc., was contracted to design the widening of 43rd Avenue from 26th Street to 181 Street. The project was designed at the same time as the widening of 43rd Avenue from 18th Street south to 8th Street, designed by Carter Associates, Inc. Both designs assumed that construction would happen concurrently, so design of a transition from the new four lane configuration to the existing two lane configuration was not necessary for either plan. In addition, part of the stormwater drainage system for the ARCADIS design was to be directed south and treated in the Carter design. It has been determined that the roadway widening and drainage system south of 18t street (the Carter design) will not be constructed at this time and the plans should be revised to provide for a transition from four lanes to two lanes. In addition, a new drainage system design to accommodate the portion of the ARCADIS project that was directed south into the Carter project is necessary. The design will consist of inlets and pipes to convey runoff from 43rd Avenue to a new stormwater drainage pond. Hydraulic calculation will be performed to size the pipe system and the stormwater drainage pond. The roadway plans and profile sheets will be revised to show required improvements. The FDOT has reviewed the previously submitted plans and has provided comments to the COUNTY and ENGINEER. ENGINEER will revise the plans to address the FDOT's comments and to update the plans to the current FDOT design standards. The following plan sheets will be modified: Page 1 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 117 • Cover Sheet • Typical Sections • Quantities and General Notes • Details • Intersection Plateau Grading Plan • Construction Plans • Profiles • Cross Sections • Stormwater Pollution Prevention Plans • Signing and Pavement Marking Plans • Signalization Plans • Bridge Plans The work included in Amendment No. 7 is in accordance with the existing AGREEMENT dated November 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). "SECTION III—SCOPE OF SERVICES" is being modified to incorporate the following: 30% and 60%, and 90%plans have been submitted to the County. Engineer will prepare revised 90%, and 100%plans. The plan modifications will consist of the following: The Roadway set of plans shall consist of the following: 30% 60% 90% 100% Cover Sheet X X Typical Sections X X Summary of Quantities and General Notes X X Details X X Plan and Profile Sheets (40 scale) X X Cross Sections at 100 ft interval X X Signage&Pavement Marking Plans (40 scale) X X Signalization Plans X X Bridge Plans X X Intersection Plan & Details X X Page 2 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 118 Stormwater Pollution Prevention Plans (SWPPP) X X Computation Book X Construction Cost Estimate and Quantities X X "SECTION IV-TIME FOR COMPLETION" is being modified to incorporate the following: 1. Project shall be completed as follows: a. The time for completion of the 90% design drawings, permit applications, and Engineer's Opinion of Probable Construction Cost for the project shall be three (3) months from the date of execution of this ADDENDUM. Once permits are received, 100% design drawings shall be completed two (2) weeks thereafter. 2. Deliverables -The ENGINEER shall provide the COUNTY: a. Three(3) 11"x 17"paper signed and sealed of the 90%plans. Also, a pdf format set of the plans on a cd. b. FINAL five(5) 24"x 36"paper signed and sealed"hardcopy", AutoCad drawing file and PDF formats on CD. c. Work Product shall be prepared and supplied in State Plane geometry(NAD83 2007 adjustment if applicable); digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. "SECTION V—COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee 1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: Page 3 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 119 The following is a summary of costs: Charge Associated with New Total This Amendment Compensation Roadway Design Geotechnical Services(Tierra) $5,447.50 $35,487.50 Engineering $49,152.50 $312,797.03 (ARCADIS) Signal Plans $2,668.41 $31,488.41 (SIMMONS& WHITE Inc.) Stormwater Pollution Prevention Plans $0.00 $9,022.92 (ARCADIS) Permitting $11,760.00 $33,090.00 (ARCADIS) Surveying Design Survey $1,089.20 $63,690.40 (ARCADIS) Right of Way Survey and Map $0.00 $20,386.40 (ARCADIS) Structural Design Structural Design for SR 60 over Main Relief Canal bridge $0.00 $76,060.00 (Bridge Design Associates,Inc.) Structural Design for 43rd Avenue over Main Relief Canal bridge $9,224.00 $67,604.00 (Bridge Design Associates,Inc.) Landscape &Lighting Plans Landscape Architectural Services $4,000.00 $31,486.00 (Roy-Fisher Associates, Inc.) Lighting Plans $10,750.00 $39,835.00 (Techno Engineering) Page 4 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 120 Public Involvement Public Workshop Meeting $0.00 $6,180.00 Contamination Screening Evaluation Report $0.00 $9,750.00 Conceptual Commercial Area Improvement Plan $0.00 $11,700.00 TOTAL LUMP SUM FEE $94,091.61 $748,577.66 ALLOWANCES Sketch and Legal Descriptions $0.00 $50,000.00 (ARCADIS) Soft Dig for Utility Locations $0.00 $20,000.00 Appraisal $0.00 $121,500.00 (Callaway&Price) (For 27 parcels) Land Planner $0.00 $20,000.00 (Moyle, Flanigan,Katz,Raymond&Sheehan) (Hourly not to exceed at$175.00/hour) Market Analysis $0.00 $20,000.00 (Realmark Research) (Hourly not to exceed at$110.00/hour) Eminent Domain Business Damage Assessment $0.00 $40,000.00 (Gerson, Preston,Robinson & Company)(Hourly not to exceed at$165.00/hour for Principal, $125.00/hour for Manager, and $90.00/hour for Staff) Cure Plans $0.00 $56,000.00 (ARCADIS) (Allowance for 14 parcels at$4,000.00 per parcel Landscape plans for Cure Plans $0.00 $16,800.00 (Roy-Fisher) (Allowance for 14 parcels @$1,200.00 per parcel) Boundary Surveying $0.00 $10,000.00 TOTAL ALLOWANCES(Hourly Not To Exceed) $0.00 $354,300.00 Page 5 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 121 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 7 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2015. ARCADIS . ! C. INDIAN RIVER COUNTY, FLORIDA 2081 V . '.� West Pa .� Beac ' 3 411 / . By: r __ �_i. By: Robe 7 :wson, P.E. Board of County Commissioners WITNESSED BY: Approved by BCC / ' Attest: /- Jeffrey R. Smith, Clerk of Circuit Court t//?j tU J By: _ei- County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency cQ4 Th &JJ\c seph AQfi Baird, ounty Administrator Page 6 of 6 G:\LNR Support\Proposals\WPB\2015\SR 60-43rd Avenue\SR60-43RD AVE AMENDMENT 7 3-24-15.doc 122 / k ° CO , o v 0 N- (i13 k2re e 0 o ` Q .- C I-. K z ( 15 4 il 4 _ _ o 0 000000 0 co it 0 0 0 0 0 q o 0 0 A- §Q1- 2 }- rep- r perp § G -off & `--�-- � �6969 -�- �- _ © OA 0. § _ 0 _ _ 6969 _ N z >- 69-61 0 - •, „ 69 " 6969 _ z ■z22 u• z § &k � CO2( M 2 § OD I \\ 0 ui k � , . n / S. �� >> § off - - & �# § _ ® ® - | 0 0 | U) b _ _ _ _ _ __ < �§ k �lk � OZix < ' - e ' co N §§ ) i_ § kr@ & kƒ .4t `z � � z § _ * § U 2 § § !)/0 s- 5 ) r - -4 4- \ \ k 0 0 0 0. \ o rR > o k�� k ( � ..-ei ° N 0 co- .- � co 2 ® ® - - ® ® - ® ® 4969 69-0 ° ` - - 69 - 69 - - \&k � j co CO CO � A . � § , k § § 22 IL2I 03 & « CO n e U) z 2 § �m § 11V) K � 6� m , e z COm z a_ 0 2 z § z § (§ )k \ § rZ 11<°— } {§ { � §}0 « \ Z / / i_�EL ` Cr &k@# ` ® &f0e zzu < F- .. Xm \ \ z�� k n mz <z0 § b�.22 GI& ® § ref® o u) opl-2o t< Z< < __Z Ce %« � = CUx ® < c = �°° � < 2 E $ �7§ < 77 �ƒ$ ) ) �%} rD n 7) m ® c C § k g \ ir cn gi o CC co 123 o LL C 0 > Q 0 a 0 a w o C °: C7 CO = c 0 a )- IL > a _ 0, 0 N 0 U }} N N U) N a VO > >W o (/) O> Ct a v)— - OJ3 0 LT. WU co J(0 aW I-= o 0 0 N O 0 0 0 0 0 I- /- CO J FF co o W Q O 1- o W Q z u, x 2 CD S C z COm N 0 0 I LL co O� Oz z W W OQ tom re CC 0L CC CC CC (0 I I I I I I m 0)W H a z z w w I >.- CO Q U) ❑ -2- n 4 R F c O r 1- 'c } m E E n Z C U) m V < a Q� < > v c v m _ m re coo 1:5 2 v E rc g Uc Ho C m O O c 0 K Q 7 " > ca O c co co J W 0 w N vi V aO a I: m aj O 174 ( ® 111 -J 0_ z \ > < w ( qcc ? z § « o 0 § j ` >- 2 0/ 0 §® 0 2 a.6 §) k ]/ 4 - ] �§ • /k to 0 00 © § } § / z=( $ z z U) / ° _ @r2 oz - - m \� . 7 2 2 w « k§ LU / k / -lieu C} v • > « 2 / = 2 / • 0 \2 / 0.. ? )k - o lig • _ - lit c co \ / k 125 I w Y 0 a. a 0 w I y CC C� J 2 Q Z Q 06 Z W 0 O 0 U U o 0 Q Ir Z fn Q K in I- -a Z W N O o o T aw U U to j U w N w Q 0 0 0z fV CO CO § J(D Qa' I- D 0 co m a 0 0 N N I- CO y J W 0 W O I- O W Q Zh I x (7 z 0 co v m 0 x W y O1... O Z Z O <I- V) e e oo ai co ~ 0 0 w w W CO co 0 F- J d W I- I a O CO CO ~ d Ix— x J n Qco ¢ e1 c I-0 •p 0 n v) o cc Y c C N o in ao 1 Q N. F. ~ J+ —O Vco {Q� E C > l0 C U C C (sem} 4l 0 m 7 (J 0 ❑ O N O M CD C Q Cct W7 e m C U b 0Q 0 8 m CC a)CD irO _ ¢ m0ay0 U < O N (7 126 §lc \ C ,...1 -\ § < o A \ 2 �� �k / o 7E } & \ / -52 0 \ / k� k 7 &- C 0 3 g. »4 c2 ) \ 01 _ § § 2 re / U) . moi k ( ow <0 \ ~ ` 0 ` - ° 0 m au ° co §) §2 / 0 Q / S � 0 0 ° ` -ID ON ° - ■ a © n o 0 0 n04 I% } ci/ 0 '- < k3 § z - co TrU 01 < OD 04 m V /( — cv — co ,_ .— r co z D U. \ - - - - - t . E CO( / / W / w / k ) k ) ) k =m .... r 1°- w Ik ) 0 ( { co f co f = 2 / a > C ) )w F- # SC. k c , / ® \ } ■ ; ) ) § to 2 =0 & 0cc /k \ ƒ C _ + } p / £ - ) « 2 C [ ƒ 0 / « § C 0 E [ _ ° \ \ G 12 \ E a- / ) \ k _,E 1 127 1 LL 0 F F 1Y0 ❑ w .0 .0 a a a w m m } CC '> 30 0 _ ) Er . m = z 4 J a Q 0 0 a0 <O o 0 0 an CC ce 0 co c a N 7 F Ct U w F lil'Z o 0 0 0 Q N Co CO W z "' CL CO x Uw -wi 0 0 0 0 o h Z V 6 N CVei CL a2 J in I-D 62 63O O o a .o o 0 r a I- (I) J N 0 O H p w N `D .- Q Z I x 0 z t z 2 U) a) W N D 0 I LL N ()Z u) Zz O• F L Q V m � V o e mw az w 4 J w H a. w O >- < T U) ❑ 'c'' H h Q J O F V C V 0 4 a m `m "hi a) F}_- Y 4.m 7 c, y c 4E c H N F . > U <r < c t a j V_ m m c a M m a 3 Si.., m ❑ v E m a o e m g ,r- co O Q 4. c d c ,aR' E C Q. O >, O o Q C C U 3 •E c corc �- d O c = 0 OFix 0 to <T 0 CD h IO 0) 1;8 E o m LL Qr .r., C Y co (0 CD a cr 63 E >- �� o a U) co Ir m o co x E (o a c w o a N `> o W co ct U 0 - 0 a Q w 0 e o > U) Z 0) w L) 1-w Uw -)Z o 0 co !- Z W N N 0 a W Q CO 0 W LU 00 0 0 0 —4Q Z en- N ._ m EE§ J U) O O O 0 O O O m m O O N N 0 ai b H N J Lul- a F o w a Z 2 Z co o 0 i LL co O~ m o Z N Z n LL W LU OF c0 H J J J J J I J J I J J Q Qm W a W 5 w a € w a m LL 0 F ,0 a6 J i C a) m I- v Q W E N m O c Qo CO {}- o m 2 0 E o Y u oE E v W c a)c > cO g. a r o € ° coca >r Q 0 c P, 3 m o 0 Co w P_ c ° m a C 0 :r.-. a CC c7 ¢� •o C C m U 0 W o O m 6 O (00 C w m U CO 2 ~ C C E a m m r E (o 0 g r IL 3 0 -, '� P o o o Q C T N >` e« (n h 0 CO co E c a c co 8 :C d F- 8 (n y g : _m a < w Q aQ Q U. 5 _ 2 N ri V U) (O I- (0 Oi 6 7 129 "i IL C 0 c Y Q v 4 0C LU o 30 _ .N (D C ICO H 1 0 o 0 co O r m Q co m U) CO o W U W �Z 0 ,a 00F o a Z w wC0 Z N N < a� 1 N NIt J 0 Y I y I o o CO " 0 0 0 0 0 0 0 0 0 H .../ N F 3 0 I I = ow O W zwi 1- Z D N 0 V- W D 0 I LL 0 0C 0Z m Z D Z ii.Ill (n .0 .0 .0 co W t W Q (/) (n ZL m co f/) Cl) f/) (I) 0 W J _i W 2 W < > f. x Ci. O N .- CO n oo Z co a Z r CO C — N m C m E mo T c. f Q _ m -10 m N d C 1- I- C t w rr 1 la_ QoC 0^ 7D o c p EoPi 0 o ui a E D o co c a o _ .oDm Z amo � - o o omm ai m eL z LE @ r i) V) m V CD co —cn m3 N m d m 0 -o Vi ccco h Q > cn C v m cCD ai o cn co Iii E. U' i- d C) 0 cn U) 2 v) (J U) N (7 V CI ID 1Z W D) 6O r- 130 BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS BRIAN C.RHEAULT,P.E. President March 13, 2015 Arcadis US, Inc. 2081 Vista Parkway West Palm Beach, Florida 33411 Attention: Hank Deibel, P.E. Regarding: 43rd Avenue Bridge over Main Relief Canal Project No.: 05-609B Dear Hank: Based on our discussions, Bridge Design Associates, Inc. can provide the necessary structural engineering services to modify the current plans to meet current AASHTO Standards and applicable F.D.O.T. Standards. Our services do not include modifying the plans to meet F.D.O.T. LAP Funding criteria. Our fee to update the plans is outlined in the attached Exhibit"A". If you have any questions, please give me a call. Respectfully, BRIDG SIGN ASSOCIATES, INC. Brian C. Rheault, P.E., #38797 President BCR:kedS:12005-Jobs105-609B 43rd Avenue at Main Relief Cana112015101 Admin\Proposalslproposal 03-13-15.wpd 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 (561) 686-3660 • Fax: (561) 791-1995 131 BRIDGE DESIGN ASSOCIATES,INC. 43RD AVENUE BRIDGE OVER MAIN RELIEF CANAL March 13,2015 BDA PROJECT NO.:05-809B HOURLY BREAKDOWN OF SERVICES EXHIBIT"A" CHIEF PROJECT PROJECT ENGINEER FIELD TOTAL LABOR ENGINEER IMAGER ENOiHEER INTERN REP TECHNICIAN HOURS COST ACTMTY '� ,e..�..�. .. .. _ BY BY ACTIVITY ACTIVITY $195.00 $105.00 $82.00 $80.00 573.00 09100 Update Notes and Design Standards 4.0 8.0 4.0 18 0 51,848 00 AASHTO Girder Analysis 4.0 18.0 8.0 28 0 $2,958 03 Bridge Load Rating 4.0 40,0 44 0 14,420 00 0.0 10 00 0.0 5000 . TOTAL NANHOURS 0.0 12,0 + 84.0 0.0 0.0 12.0 I 88.0 DIRECT LABOR CART $0.00 $,220.00 15 ,88810 $0.00 $0.00 51.116.00 I $9,224.00 ENGINEERING FEES $5,22400 S'2035JobE0-8098 43rd Avenue et Main Reber CanaA2015101 AdmintProposaals\propose103-13-15AI 132 s.. SIMMONSWHITE ENGINEERING I PLANNING I CONSULTING I SINCE 1982 PROFESSIONAL SERVICES AGREEMENT ADDENDUM This Professional Services Agreement Addendum made and entered into this 30th day of March, 2015, authorizes changes to the Professional Services Agreement made and by and between: CONSULTANT: Simmons &White, Inc. CLIENT: ARCADIS US, Inc. for PROJECT: SR 60 at 43rd Avenue Signalization I. CHANGES TO SCOPE OF SERVICES AND DELIVERABLES: CONSULTANT shall perform the following task: To update signalization plans to meet current FDOT and Indian River County signalization criteria, including re-analysis of existing and proposed mast arms with MastArm v5.03 and a site visit to verify existing conditions from original design are still valid. II. CHANGES TO SCHEDULE: N/A III. CHANGES TO COMPENSATION: Lump Sum = $2,268.41 IV. TERMS AND CONDITIONS: Except as specifically stated herein, all other Terms and Conditions of our existing Professional Services Agreement dated May 4, 2011 will remain in full force and effect. Simmons & White, Inc 2581 Metrocentre Boulevard Suite 3 West Palm Beach Florida 33407 T: 561 .478.7848 F: 561 .478.3738 www.simmonsandwhite.com Certificate of Authorization Number 3452 133 Mr. Hank Deibel, P.E. March 30, 2015 —Page 2 V. ACCEPTANCE: As to CLIENT As to CONSULTANT ARCADIS US,Inc. Simmons &Whit- Mr.Hank Deibel, P.E. R• •'' .Rennebaum, P.E. 'resident sa x:/das/misdtr/Rennebaum/15002.deibdsr60signal 134 CD 000@E ,- B§ - , t §_ _ -w w « a § 0 ■ ■ w ® _ _ ® - ® 49z i M g 49 z $tU k re § ■ z 2 AD S � gB 0 $ 52 lie" g 2 20 z 4 tp © & 2 § k 2 co § re IE w 0 4 ■ 0 3 I- O o c a _ 3 t « 2 1E - 17; E e u) ` ■ ƒ/t�} co _ w 2s13 §�� �7 cc % , , ,7r£ f § 22k2Pf 2 CL & j/ /�,328-0 k co in 1-1- 3��3\aQ a2 § % I co 135 / . ■ /" of 2 ))su § gi il8 § . . . 8 I i8 g o.x o _ _ 44 41 V, .14. 4., 44• IOW, 0 us§ f$§ a § o w § s� § § \ § § K2 ' . , . . . , . ! moi. §§§ i E�1© 1 | §1. N�\ - ® . - - - - - - " \ � § 8888 § k ! §-K �e 2g eeek e % % ; k # % k ; „ . # . ■ ; , # ■ § sir ■ $ ■ � ■ # $ $ ' F § § § , . , ¥ . § « h §# § - - - C.C. - .. .. - - § ; § . . . . . _ . . _ .2o g ; 2 : 2 to ! ] ) ) .0 0 �2. § § 7 � % \7 . i6 § k / k`°/ i OW k /`5ICL 0/ / us , , k0 k © § o A. a � / L 2 ■ t &$ • 0 ° cc $ o k ` , k o § w ` k | ! I | 136 w LL O ..-1 W O 4 a < 1 3 1 c s o e a 3 f < / i i 03 0D I-D O 0 0 0 .- 0 0co0 .- 000 I- °2 CO 2y Zo 0 o O 0 0 4) O o 0 2 Z 0 0 0 0 . - 0 .- 0 0 0 x g E (/J (� Q Z J d d J gQ J J W J J J J D LL o 7 03 pE to U n .c Y y ` I i 2§ ; y a E y Fr O F- § §LL ; m y so p 6 % A' s o l i, i w . m to 6 as 8 6 S r d 8 1_ a r5e 0 < Q - N co V ,q to r- m O r. V 137 U- LL 0 N W O < a o 0 T F f 1 i 8 : rgc_ 03 8 &P �2E 40 8 p11 0. 'b .12 8 n N O - 0 - d . W f J Y N O r- O LL CO o Z 2 0 O = ZZZ D CO Z - J J co) CO m S se a 0 3 0 co r • S. O _ • e dr 3 15 ci • E e Ei U o g S _6 p8p S m o i Y CC s v Z o a & W tLL I- C - e) Y p c., v n (o n Z co F 138 't1 C LL as 03 W0I -8 _ O WGg n. 2 H ccz 0 = O O • 0 O 0 , O r O O Ca 0 M I- 01 O LL C , ri y 0 0 '- - N 0 0 0 r 0 N 0 co ZO a r r N 0 0 0 •- 0 .- 0 < LL y O O Z 0 .- N 0 O O 0 = Z U) ai U) U) 6 66a a W 4 0 4 I- 0 F m Y 0 o F C Z E g m E 3 o ; 6 2h (0 o rn = '1'. a lo V Y q lo C77 COV) COV) 1 65 Y . F 9 N 0 v 1[) 0 I..: 0 Q6 ,c2 r. 139 vi a 0 W i 2 _ 8 x }Nq K 7 0 E = O O O O b .- - OD F J 03 0 7 O LL t4 o W •W O 0 0 0 0 0 F Z x O co J be w co F Q Z 0 0 0 E g t O O O 0 r- = co M 7 to w C3 g a g CO 3 I- Q C r A Y OD C QQ O. R C 1. 0 e C d _ g. o } p ■ CCF O q CO C 00 Ub• E IS -B w g h g E co n • To 8 cc 1- E 0 i� cg O '' e v- m Q F Z 140 TECI NO ENGINEERING, INC. 1207 General Pointe Trace Office: (561) 627-8112 Palm Beach Gardens, FL 33418 Mobile: (561) 459-7406 techno_inc@bellsouth.net PE#46666 DESIGN FEE PROPOSAL April 8,2015 Henry Deibel, PE Associate Vice President ARCADIS U.S., Inc. 2081 Vista Parkway,Suite 305 I West Palm Beach, FL 33411 T:561 697 7075 SUBJECT: State Road 60&43rd Avenue SCOPE OF WORK: Update ROADWAY LIGHTING PLANS FOR SR 60&43 RD AVENUE dated 1/2011 to conform to the current FDOT design standards and to revise the plans for 43rd Avenue south of SR 60 to match new roadway width. Provide PDF files of electrical engineering design documents. Provide complete signed and sealed contract documents for permitting. EXCLUSIONS: Construction Administration Services such as Site Inspections, Certification of Project Lighting and As-Built Drawings. These services will be available for additional fees at the rate of$125.00/Hr. We propose that our design services be provided for a lump sum of$10,750.00 payable as follows: 1) 90%payment is due when 100% Design Documents are issued for permit. 2) The balance of payment shall be made completion of project. You can mail or scan and email a signed copy of this proposal to our office for us to proceed with project. Sincerely, TECHNO ENGINEERING,INC. David, Moslemian, P.E.,V.P. Project Engineer This proposal has been approved and accepted by: Name: Title: Date: ARCADIS U.S., Inc. Page 1 of 1 141 Mr. Hank Deibel, PE Arcadis U.S. Inc 2081 Vista Parkway, Suite 305 West Palm Beach, FL 33411 April 8, 2015 Dear Hank: Thank you for the opportunity to provide additional services for State Road 60 and 43rd Avenue. This proposal includes the following services: • Site visit to verify existing trees indicated on plans for removal and revision of plans to reflect current conditions. • Update landscape plans according to latest FDOT standards and reformat plant list to FDOT schedule. • Review landscape plans to reflect current FDOT practices. Our fee for the above will be $4,000.00 Best regards, /AA A41/ Connie Roy-Fisher STUDILv r n tt P.O. Box 420 • Jupiter, FL 33468 • Phone: 561.747.3462 • Fax: 561.747.0281 • www.studio-sprout.com 142 l ` x _s s lekil 7 iti FLinR [ DA ,` Y"• ,b L.V" Gamr,eiiirru.er,rtcseaca lAV Qw t TIMING, rsosamd+5mm April 10,2015 ARCADIS 2081 Vista Parkway, Suite 200 West Palm Beach,FL 33411 Attn: Mr. Hank Deibel,Jr. P.E. Re: Proposal for Geotechnical Services Proposed Pond at 43rd Avenue Vero Beach,Florida TSF Proposal No.: 1504-164 Dear Hank: As requested,TIERRA SOUTH FLORIDA,INC. (TSF)is pleased to submit this proposal for the above-referenced project. The proposal is based on an email dated April 7, 2015. This proposal includes an outline of our proposed scope of work,an estimate of the total fees,and our anticipated schedule for completion of the work. PROPOSED SCOPE OF WORK We understand the proposed pond will measure about 1.3 acres,and will be excavated to a depth of about 10 feet below existing grades.We propose to drill five(5) Standard Penetration Test(SPT) borings to a depth of 25 feet below existing grade. Boring locations will be approximately located in the field by our personnel by measuring distances with a tape from known reference points. Elevations at boring locations can be interpreted from topographic plans if furnished by others. Prior to drilling at the project site, TSF will notify the local utility companies and request that underground utilities be marked. Our experience, however, is that the utility companies will not mark privately owned utilities. Our proposal assumes that private utility lines will be located in the field by others prior to mobilization of the drill rig. Upon completion of the field exploration,laboratory testing will be performed on selected samples. A geotechnical engineer will evaluate the results of all drilling and laboratory testing. A report will be issued that contains the exploration data. 2765 VISTA PARKWAY,SUITE 10 • WEST PALM BEACH, FLORIDA 33411 (561)687-8539• FAX(561)687-8570 State of Honda Professional Engineers License#28073 143 ARCADIS 2 TSF Proposal No.1504-164 ESTIMATED FEES It is proposed that the fee for the performance of the services outlined above be determined on a unit price basis in accordance with the attached Fee Schedule and that the work be performed pursuant to TSF's General Conditions enclosed herewith and incorporated into this proposal.Our estimated fee will be$5,447.50. Our estimate covers the work needed to present our findings in a report. Not included are reviews of drawings, preparation of construction specifications, special conferences and any other work requested after submittal of our report. SCHEDULE AND AUTHORIZATION TSF will proceed with the work after receipt of a signed copy of this proposal. With our present schedule,we can commence work within several days of project approval(weather permitting and permit approval). The fieldwork will take about one to two days to complete. The report can be submitted about two weeks after completion of the field exploration,depending on the extent of the laboratory-testing program. We at TSF appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions concerning our proposal,please contact our office. Resp- tfully submitted, TI. ' ' • SOUTH FLORIDA,INC. F ancois The 'as,P.E. P • cipal Eng,} eer Attachments: 1. Fee Estimate AUTHORIZED BY: INVOICE TO: Name: Firm: Title: Name: Date: Address: 144 TIERRA SOUTH FLORIDA, INC. Unit #of Units Unit Price Total I. FIELD INVESTIGATION Mobilization of Men and Equipment Truck-Mounted Equipment Trip 1 $ 350.00 $ 350.00 SPT Borings 0-50 ft depth L.F. 125 $ 12.00 $ 1,500.00 SPT Borings 50-100 ft depth L.F. 0 $ 14.00 $ 0.00 Grout Boreholes 0-50 ft depth L.F. 125 $ 5.50 $ 687.50 Grout Boreholes 50-100 ft depth L.F. 0 $ 6.50 $ 0.00 Casing Allowance 0-50 ft depth L.F. 125 $ 7.00 $ 875.00 Casing Allowance 50-100 ft depth L.F. 0 $ 9.00 $ 0.00 Borehole Permeability Test Each 0 $ 275.00 $ 0.00 II. LABORATORY TESTING Visual Examination by Staff Engineer Hour 2 $ 85.00 $ 170.00 Natural Moisture Content Tests Test 4 $ 10.00 $ 40.00 Grain-Size Analysis-Full Gradation Test 2 $ 60.00 $ 120.00 Corrosion Test Test 0 $ 185.00 $ 0.00 Organic Content Tests Test 3 $ 45.00 $ 135.00 III. FIELD ENGINEERING AND TECHNICAL SERVICES Site ReconJUtility Coordination Sr.Engineering Technician Hour 6 $ 65.00 $ 390.00 IIIA. ENGINEERING AND TECHNICAL SERVICES Principal Engineer Hour 0 $ 145.00 $ 0.00 Senior Geotechnical Engineer Hour 2 $ 125.00 $ 250.00 Project Engineer Hour 6 $ 115.00 $ 690.00 Draftperson Hour 4 $ 60.00 $ 240.00 TOTAL FEE FOR GEOTECHNICAL SERVICES $ 5,447.50 145 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director ,✓ FROM: Christopher J. Kafer, Jr., P.E., County Engineer f . SUBJECT: F.D.O.T. Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of Old Dixie Highway from 71' Street to CR510 IRC Project No. 1138, FM 429567-1-58-0 DATE: May 6, 2015 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of$1,438,747.00(75%of the total estimated cost of$1,918,329.00)for the resurfacing of the northbound and southbound lanes of Old Dixie Highway from 71st Street to CR510,as well as for construction engineering inspection (CEI)services.The County cost share is 25%or$479,582.00. FUNDING Funding for the County's cost share in the amount of $479,582.00 will be budgeted for fiscal year 2015/2016 in Account Number 10921441-053360-14010 Secondary Roads/FDOT SCOP Grant/Old Dixie Highway 71St Street—CR510 Resurfacing. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Small County Outreach Program (SCOP)Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP)Agreement FPN No. 429567-1-58-01 DISTRIBUTION Indian River County Approved Date 1. Terry Cook, Road & Bridge Superintendent , /s Administration _ 1,16 APPROVED AGENDA ITEM Budget ,'f Legal �1 > (I — I� FOR: May 19. 2015 5/Sl1,C ' Public Works ..cam Byt. h A A •1%.1# 0 Engineering A ublic Works\ENGINEERING DIVISION PROJECTS\1138-Old Dixie Hwy Resurfacing-71st St to CR 510\Admim\agenda items\BCC Agenda 146 Memo for Resolution for FDOT SCOP Agreement 5-19-2015.doc GRANT NAME: FDOT Small County Outreach Program(SCOP)Old Dixie(7151 Street to CR510) GRANT# 429567-1-58-01 AMOUNT OF GRANT: $1,438,747.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J. Kafer,Jr.,P.E.County Engineer TELEPHONE: (772)226-1221 1. How long is the grant for? Until June 30,2017 Starting Date: When executed by FDOT 2. Does the grant require you to fund this function after the grant is over? Yes X No X Yes No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In-Kind services? 4. Percentage of match to grant 25 % 5. Grant match amount required S 479,S127 00 6. Where are the matching funds coming from(i.e. In-Kind Services;Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Capital Total Costs Salary and Benefits Operating Costs P 10. What is the estimated cost of the grant to the county over five years? $ 470,6R7 00 Match Total Grant Amount Other Match Costs Not Covered $ 479,582.00 $ 1,918,329.00ta First Year $ 1,438,747.00 $ $ $econd Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ Fifth Year $/ , All 7 3�j Date: Signature of Prepare �� `� / 14 RESOLUTION NO. 2015- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM INSPECT ONR (CEI) SERVFOR ICES OFSTUCTION OLD DIXIE (RESURFACING) AND CONSTRUCTION ENGINEERING HIGHWAY FROM 71ST STREET TO CR510. WHEREAS,the resurfacing of Old Dixie Highway from 71st Street to CR510 is an Indian River County priority project; and WHEREAS,the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of Old Dixie Highway from 71st Street to CR510, as well as Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP); and WHEREAS,the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. who moved The foregoing resolution was offered by Commissioner and, upon being put to a its adoption. The motion was seconded by Commissioner vote,the vote was as follows: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Attest:Jeffrey R.Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency OIL 11) L Dylan Reingold, County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1138-01d Dixie Hwy Resurfacing-71st St to CR 510Wdmim\agenda items\Resolution 14 SCOP Agreement 5-19-2015.doc eso-oss-ot 334.0440 PAVEMENT MANAGEMENT OGC—02J15 Florida Statutes: Page 1 of 21 Financial Project No.: Vendor No.: VF1596-000-679-003 429567-1 58 01 utach CSFA No. and Title: 55.009 Small County Orree (RAO) Contract No. Program (SCOP) and Rural Areas of Opportunity STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT (Project Administered by County) is entered into this This Small County Outreach Program Agreement (this "Agreement") Department is _day of , 20 _ between the State Of Florida, of "Reci ient"). The Department Transportation ion ("Department") and INDIAN RIVER COUNTY, ( "Party"' and ollectively as and the Recipient are sometimes referred to in this Agreement as a the"Parties". RECITALS A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement. B. WHEREAS, the Small County Outreach Program ("SCOP") has been created within therovide funds to counties to Department pursuant to Section 339.2818, Florida Statutes, to p t n assist small counties in resurfacing or reconstructing couny roadsor i within nstral ucti g capacityof itical or safety improvements to county roads and also to municipalities concern (rural area of opportunity ("RAO")) with projects, excluding capacity improvement projects. Department has determined that the transportation ,project described toin facilitate `the C. The ("Project"), is necessary attached and incorporated in this AgreementSection economic development and growth of the State and the Department the Recipient for the direct cost of and expenditure t 339.2821, Florida Statutes, to approve the Project. BC, D, and E are attached hereto and incorporated by reference into this D. Exhibits A, , Agreement. E. The Recipient is authorized to enter into this Agreement by the resolution attached and made part of this Agreement as Exhibit E. NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement, the parties agree as follows: 850-035-01 334.044(7) PAVEMENT MANAGEMENT Florida Statutes: OG -02/11 Page 2°f 21 1. The recitals set forth above are incorporated by this reference in this Agreement. 2. The Recipient shall furnish all services as requested in Exhibit "A" for completion of the Project. 3. The term of this Agreement shall begin upon the date of signature of the e Executionlast ut on tof tgn this Agreement ("Effective Date") and continue through e Agreement by both parties shall be deemed a Notice to r ce t ond o the of this Recipient for work is not to begin on the Project. Any work performed prior to the subject to reimbursement. The estimated Project production schedule is a follows: a. Design plans contract to begin on or before N/A, and design plans to be completed by Febr_ u`015. b. Actual Construction shall begin no later than nuary 1, 2016, and be completed by June 0 2017. 4. The Department will participate in a maximum of 75% of the actual toNlHUNDRED FORTY roject costs up to ONE MILLION FOUR HUNDRED THIRTY EIGHT THOUSAND SEVE SEVEN DOLLARS AND NO CENTS $1,438,747.00 (the maximum Department participation as set forth in Method of Compensation in Exhibit B). The Parties agree that the Department's participation may be increased or reduced upon a e erminaTraveltiionts of the l actual be bd amounts Project by execution of a supplemental agrpo reimbursed. a. The Department agrees to compensate the Recipient for services described in Exhibit"A", and set forth in Method of Compensation in Exhibit"B". b. Unless otherwise permitted, payment will begin in the year the Project or Project phase is scheduled in the adopted work program as of te Ectivehred as of the tdate e of tt hle Agreement. Payment will be made for actual costs incurred invoice is submitted with the final payment due upon receipt of a final invoice. e c. The Recipient shall provide quantifiable, measuulbeed,min mumnd 'levell of service units of deliverables. Each deliverable must specify the req to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 429567-1-58-01, and the quantifiable, measurable, and verifiable units of deliverables are described approvalf inbbit yby "A". Any changes to the deliverables shall require the Department. d. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and 1 B50-035-01 PAVEMENT MANAGE OGC 0EN5 Florida Statutes: 21 Page 3 of 21 334 044(7) verifiable deliverables as established in Exhibit `;A". Deliverables must be received and accepted in writing by the Departments maccompanied byn ager Noticer to of reimbursements. The final invoice shall Completion, Exhibit"D". e. Supporting documentation must establish that s ads alsoverables were establish that the received quaed accepted in writing by the Recipient and mu minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit"A" has been met. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Florida(ef Stat Financial tes If the Departmentfficer of the State of Florida under Chapters 215 and 216, determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time frame to be specified by the Department. the he Department ent shall, within five days after notice from the Department, provide with a corrective action plan describing how the rfe�anceient willai failure address tall issues meet the contract non-performance, unacceptable pe minimum performance levels, deliverables unacdeficiencies, or contract ceptable to the Department,non- compliance. If the corrective action plans Recipient shall be assessed a non-performance retainage equivalent to 10% of the total invoices amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the retained amount during the next period. If the Recipient in unable to resolve the-deficiency,-the-funds-retained-maybe forfeited at tht end of the Agreement's term. g. The Recipient should be aware of the following to inspect time ft,and approve thees. Upon receipt of an goods invoice, the Department has twenty (20) days days to deliver a request for and services. The Department has twenty (20) Y payment (voucher) to the Department of Fine nvo invoice is al eece received os. The r goods or 0) days are measured from the latter of the date throved. If a payment is not available services are received, inspected, and app within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will bdue penalties of less than one ($1payable, in !00)on to the dollar invoice amount, to the Recipient. Interest Invoices which have will not be enforced unless the Recipient requests payment. to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman gsmi 1 Florida Statutes: 850-035-01 PAVEMENT MANAGEMENT OGC—02/15 334.044(7) Page 4 of 21 has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for entities who may be experiencing problems in obtaining timely payment(s) from a state Agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at (877) 693-5236. h. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records of the Recipient and all subcontractors performing work on the project, and all other records of the Recipient and subcontractors considered necessary by the Department for a proper audit of costs. i. Upon request, the Recipient agrees to provide progress reports to the Department in standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. (insert address below if required) j. In the event this contract for services is in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than one (1) year." 15: 850-035-D1 Florida Statutes: PAVEMENT MANAGEMENT OGC-02/15 334.0440 Page 5 of 21 k. The Department's obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. All costs charged to the Project and the grant match of in kind services shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. 5. The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes-deemed-appropriate-by-the-Department.—T-he-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor General. b. The Recipient, as a non-state entity as defined by Section 215.97(2)(m), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (non- profit and for-profit organizations), Rules of the Auditor General. Exhibit "C" to this Agreement provides the specific state financial assistance information 152 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02115 Page 6 of 21 awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii. If the Recipient expends less than the threshold established by Section 215.97, Florida Statues, in state financial assistance in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSinqleAuditdot.state.fl.us no later than 9 months after the end of the Recipient's fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from-the-Recipient's-resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. Copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAuditCa�dot state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email:flaudgen_localgovt@aud.state.fl.us 154 Florida Statutes: 334.044(7) -01 PAVEMENT MANAGEMENT OGC—02/15 Page 7 of 21 v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within 6 months, the Department shall review the Recipient's financial reporting package, including the management letters and corrective action plans, to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8)(1), Florida Statutes. viii. As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its designee, the CFO or Auditor General access to the Recipient's records, including project records, and the independent auditor's working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retainedun il-the action Is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 6. The Recipient shall permit, and shall require its contractors and subcontractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of the Project. 155 Florida Statutes: 334.044(7) PAVEMENT MANAGEMENTI OGC—02/15 Page 8 of 21 7. The Recipient must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds therein. 8. In the event the Recipient proceeds with the design, construction and construction engineering inspection services ("CEI") of the Project with its own forces, the Recipient will only be reimbursed for direct costs (this excludes general and administrative overhead). The Recipient shall hire a Department qualified CEI. The Department shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the Project. . 9. Upon completion of the work in accordance with the Plans, the Recipient shall furnish a set of "as-built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. Additionally, the Recipient shall assure that all post construction survey monumentation required by Fla. Stat. is completed and evidence of such is provided to the Department in a manner acceptable to the Department. 10. The Recipient shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on behalf of a public agency the Recipient shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Department-in order o _. —_-- _-- -- g p y perform the services being performed b the Recipient. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Recipient upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. 156 Florida Statutes: 950-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02!15 Page 9 of 21 Failure by the Recipient to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Recipient shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Recipient and shall promptly provide the Department a copy of the Recipient's response to each such request. 11. The Recipient shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. 12. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The Recipient is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the Department; however, in such event, the Recipient will comply with all terms and conditions of such permit in construction of the subject facilities. 13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor; supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided-in-Section-287.01-7, Florida Statutes;for CATEGORY TWO-fora-period of thirty six (36) months from the date of being placed on the convicted vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 14. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 15. The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment- free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of 157 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02115 Page 10 of 21 Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contract, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 16. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/ subcontractors, or consultants/sub consultants who perform work in connection with this Agreement "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the Recipient,the State of Florida,Department of Transportation,and its officers and employees,from liabilities,damages, losses and costs,including, but not limited to,reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by contractor in the performance of — — this Contract This indemnification shall survive the termination of this Agreement.Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient,the State of Florida,Department of Transportation,and its officers and employees from liabilities,damages,losses,and costs,including,but not limited to,reasonable attorney fees to the extent caused, in whole or in part,by the professional negligence,error or omission,recklessness,or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement.Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity." 158 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02115 Page 11 of 21 17. The Recipient shall carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 18. No funds received pursuant to this Agreement may be expended for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 19. The Recipient and the Department agree that the Recipient, its employees and its subcontractors are not agents of the Department as a result of this Agreement. 20. This Agreement may be canceled by the Department in whole or in part at any time the interest-of-the-Department requires-such termination. The Department-also-reserves-the right to seek termination or cancellation of the Agreement in the event the Recipient shall be placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) days written notice to the Department. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. 21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring without the required written approval will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. In the event that the Department approves transfer of the Recipient's obligations, the Recipient remains 159 Florida Statutes: 850-o35-01 33.4 044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 12 of 21 responsible for all work performed and all expenses incurred in connection with this Agreement. 22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; overnight express mail delivery, email, or facsimile. The addresses and the contact persons set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. TO DEPARTMENT: TO RECIPIENT: Florida Department of Transportation Indian River County 3400 W. Commercial Blvd. 1801 27th Street Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 Attn: Leos Kennedy, Jr. Attn: Christopher J. Kafer, Jr. Copy: Project Manager, Christine Fasiska Copy: Indian River County's General Counsel 2"d Copy: District's General Counsel 23. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 24. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this Agreement. 25. This Agreement shall not be construed to grant any third party rights. 26. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 27. This Agreement embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Recipient and the authorized officer of the Department or his/her delegate. 160 Florida Statutes: 850-035-01 $34'044(7) PAVEMENT MANAGEMENT OGC—02/15 Pape 13 of 21 28. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement thus remains in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any action arising out of this Agreement shall be in Leon County, Florida. 30. Time is of the essence as to each and every obligation under this Agreement. 31. The Department and the Recipient acknowledge and agree to the following: i. The Recipient shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. The Recipient shall expressly require new contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. 32. This Agreement may be executed in duplicate originals. The remainder of this page intentionally left blank. 161 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02115 Page 14 of 21 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. INDIAN RIVER COUNTY STATE OF FLORIDA (Name of RECIPIENT) DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT Print Name: WESLEY S. DAVIS Print Name: Date: ATTEST: LEGAL REVIEW: TITLE: Print Name: See attached encumbrance form for date of Funding approval by Comptroller. ,e,,`P1;OVED AS TO F RM A'd i E -A "14 1'c; _fes,C.:Y Recipient's LEGAL REVIEW: `+"«L-tA" " 1.):;$;.4.1 .. • ,EfL CYC '.;:.!``i.T'• Pt•i Y Print Name: 162 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02/15 Page 15 of 21 Exhibit A SCOPE OF WORK DELIVERABLES CR-605/OId Dixie Highway from 71St Street to CR-510 FM#429567-1-58-01 This Project will consist of construction and CEI services of an existing 1.928 mile pavement section of CR-605/Old Dixie Highway from 71st Street to CR510. The Project work will also include but is not limited to the milling of the existing pavement, installation of superpave asphaltic concrete, shoulder widening, drainage improvements, CEI, roadway signing and pavement markings, Maintenance of Traffic (MOT), erosion and sedimentation control. 163 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OG15 EXHIBIT A Page 16 of 21 16 of 21 DELIVERABLES Estimated Pay Item Description Qty. Unit 101-1 Mobilization 1 LS 102-1 Maintenance of Traffic 1 LS 104-10-3 Sediment Barrier 19,600 LF 104-18 Inlet Protection 36 EA 110-1-1 Clearing and Grubbing 7 AC 110-7-1 Mailbox,Relocation 6 EA 120-1 Grading,Regular Excavation,Embankment 10,000 SY Borrow Excavation(Millings)Recycled Asphalt Pavement-Mixed in Roadway 120-2A Base 6,000 CY 160-4-1 Type "B" Stabilization(12" Subgrade LBR 40)(Shoulder) 9,000 SY 285-7 Reclaimed Asphalt Base Course(Full Depth Reclamation) 38,842 SY 286-1 Turnout Construction(Asphalt) 500 SY 286-2 Turnout Construction(Concrete) 600 SY 300-1 Asphalt Emulsion Type CCS-lh-Quantity based on 2.75 gal./s.y. 106,815 GA 327-70-6 Milling Existing Asphalt Pavement, 1-1/2"Avg.Depth 1,658 SY 334-1-13 Superpave Asphalt Concrete,Traffic C(S.P. 12.5, 1-1/2" Thick) 36,516 SY 334-1-13A Superpave Asphalt Concrete,Traffic C(S.P. 9.5, 1-1/2"Thick) 38,155 SY 339-1 Asphalt Pavement Miscellaneous(3"Thick Under Guardrail) 50 TN 400-2-1 Concrete, Class II(8'X4'Box Culvert)(Precast)(Includes reinforcing steel) 72 .._ LF 400-2-IA Concrete, Class II(6'X3'Box Culvert)(Precast)(Includes reinforcing steel) 72 LF Concrete, Class I(Endwall&Footing, 8'X4'Box Culvert)(F.D.O.T.Index 400-2-2 #289)(Includes reinforcing steel) 2 EA Concrete, Class I(Endwall&Footing, 6'X3'Box Culvert)(F.D.O.T.Index 404-2A #289)(Includes reinforcing steel) 2 EA 425-1-521 Inlets,DT Bot,Type C,<10' 20 EA 425-1-551 Inlets,DT Bot,Type E,<10' 8 EA 430-174-112 Pipe Culvert,Round, 12" SD(CAP) 222 LF 430-174-115 Pipe Culvert,Round, 15" SD(CAP) 814 LF 430-174-115A Pipe Culvert,Round, 15" SD(RCP) 222 LF 430-174-118 Pipe Culvert,Round, 18" SD(CAP) 990 LF 430-174-118A Pipe Culvert,Round, 18" SD(RCP) 110 LF 430-174-124 Pipe Culvert,Round,24" SD(CAP) 1,574 LF 430-174-224 Pipe Culvert,Ellip/Arch,24" SD(CAP) 681 LF 430-174-224A Pipe Culvert,Ellip/Arch,24" SD(RCP) 338 LF 164 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02115 Page 17 of 21 430-984-121 Mitered End Section, Round, 12" SD 3 LF 430-984-123 Mitered End Section, Round, 15" SD 9 EA 430-984-125 Mitered End Section, Round, 18" SD 1 EA 430-984-129 Mitered End Section, Round,24" SD 3 EA 430-984-629 Mitered End Section, Elliptical/Arch, 24" SD 1 EA 520-1-10 Concrete Curb&Gutter(Type F) 161 LF 522-1 Concrete for Sidewalk(6"thick, 6'wide) 67 SY 527-2 Detectable Warning 38 SF 530-1 Riprap, Sand-Cement 24 CY 536-1-1 Guardrail-Roadway 700 LF 536-8-1 Guardrail End Anchorage Assembly (SKT 350) 4 EA 570-1-2 Performance Turf(Bahia) 30,000 SY 700-1-50 Single Sign Post(Relocate) 9 AS 700-1-60 Single Sign Post(Remove) 4 AS 706-3 Retro-Reflective Pavement Markers(Amber/Amber) 362 EA 711-11-123 Thermoplastic, Standard,White, Solid, 12",for Crosswalks 146 LF 711-11-125 Thermoplastic, Standard,White, Solid,24",for Stop Line 110 LF 711-11-151 Thermoplastic, Standard,White,Dotted/Guideline/6'-10'-Gap Extension, 6" 320 LF 711-16-111 Thermoplastic, Standard,White, Solid, 6" 25,679 LF 711-16-211 Thermoplastic, Standard Yellow, Solid,6" 5,280 LF 711-16-231 Thermoplastic, Standard,Yellow, Skip,(10'-30')6" 7,603 LF CEI CLASSIFICATIONS SR. PROJECT ENGINEER PROJECT ADMINISTRATOR SR. INSPECTOR INSPECTOR INSPECTOR'S AIDE QUALITY CONTROL (QC)MANAGER EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1 EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2 ASPHALT PAVING TECHNICIAN LEVEL 1 ASPHALT PAVING TECHNICIAN LEVEL 2 * The County will need written approval from the Department, if deviating from the deliverables and/or CEI classifications shown in the Table above. 165 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 18 of 21 EXHIBIT "B" METHOD OF COMPENSATION FINANCIAL PROJECT NO. 429567-1-58-01 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number Schedule of Funding: FY 2015 TOTAL I. TOTAL PROJECT $ $ Design $ $ Right of Way $ $ Construction& CEI $ 1,918,329.00 $ 1,918,329.00 II. PARTICIPATION: Maximum Department (75%) (75%) Participation or $ 1,438,747.00 $ 1,438,747.00 Local Participation (25%) (25%) or $ 479,582.00 or $ 479,582.00 In-Kind $ $ Cash $ $ Combination In-Kind/Cash $ $ Waiver or Reduction $ $ TOTAL PROJECT COST: $ 1,918,329.00 $ 1,918,329.00 Please submit four copies of invoice(s)to the following address: Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 166 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02J15 Page 19 of 21 EXHIBIT "C" STATE FINANCIAL ASSISTANCE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: Small County Outreach Program (SCOP)and Rural Areas of Opportunity(RAO) CSFA Number: 55.009 Award Amount: $1,438,747.00 Specific information for CSFA Number 55.009 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Compliance requirements for CSFA Number 55.009 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx 167 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02/15 Page 20 of 21 EXHIBIT "D" NOTICE OF COMPLETION SMALL COUNTY OUTREACH PROGRAM Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And INDIAN RIVER COUNTY (RECIPIENT) PROJECT DESCRIPTION: Construction and CEI Services of CR-605/01d Dixie Highway from 71' Street to CR-510 FINANCIAL PROJECT NUMBER: 429567-1-58-01 In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH PROGRAM AGREEMENT,the undersigned hereby provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: 168 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 21 of 21 EXHIBIT E Recipient's Resolution 169 Consent Agenda—B.C.C. 05.19.15 • R Office of .; � : '= INDIAN RIVER COUNTY ATTORNEY i got' F/iii Dylan Reingold County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 0(------- DATE: May 13, 2015 SUBJECT: Indian River County v. William Ruetemann BACKGROUND. In February 2014, the Indian River County Board of County Commissioners authorized the County Attorney's Office to file a lawsuit against Mr. William Ruetemann concerning an unauthorized boat repair on his single family residence located at 8130 134th Street, Sebastian, Indian River County, Florida. Pursuant to that direction, the County Attorney's office filed a complaint for injunctive relief in circuit court in July 2014. The case is scheduled for the June trial docket. On May 13, 2015, court ordered mediation was held with William Ruetemann, Claudia Wengler, Roland DeBlois, Chief, Environmental Planning & Code Enforcement Section, Kate Pingolt Cotner, Assistant County Attorney and Dylan Reingold, County Attorney in attendance. Randy Brennan was the mediator. Through the mediation process the parties agreed to a Stipulation of Settlement, which is attached. The Stipulation of Settlement is subject to the approval by the Board. INDIAN RIVER CO. AP•OVED DATE Approved for May 19,2015 B.C.C.Meeting Administration ��O 571c/y Consent Agenda County Attorney i'!0. si. Budget N �� Department .71);1'..5-- County Attorney Risk Management -- --- 170 Board of County Commissioners May 13, 2015 Page 2 of 2 FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends approval of the attached Stipulation of Settlement. ATTACHMENT. Stipulation of Settlement 171 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY a political subdivision of the State of Florida, Case No: 312014CA000713 Plaintiff, v. WILLIAM RUETEMANN, Defendant. STIPULATION FOR SETTLEMENT Plaintiff, Indian River County, a political subdivision of the State of Florida(hereinafter referred to as the "County") and the Defendant, William Ruetemann(hereinafter referred to as the"Defendant")hereby stipulate and agree as follows in full and complete resolution of the above-styled litigation: 1. The parties agree that it is mutually advantageous to resolve their disputes through this Stipulation of Settlement. 2. Defendant is only permitted to work on, which includes but is not limited to fiber glassing, sanding, painting, repairing and spraying boats on his property located at 8130 134th Street, Sebastian, Florida, 32958 (hereinafter referred to as the "Property")between 10 a.m. and 4 p.m. on Tuesdays, Wednesdays and Thursdays. 3. Defendant shall only be permitted to work on, which includes but is not limited to fiber glassing, sanding, painting, repairing and spraying boats on his Property that are registered and titled in his name. 4. Defendant shall not work on, which includes but is not limited to fiber glassing, sanding, painting, repairing, and spraying boats on the Property on Mondays, Fridays, Saturdays and Sundays. 5. Any work on boats on the Property, which includes but is not limited to fiber glassing, sanding,painting, repairing and spraying boats shall be performed in a contained manner so as not to result in airborne impacts to adjacent properties. Page 1 of 2 172 6. No more than one boat may be stored unenclosed on the Property. Such boat must be registered and titled to the Defendant. 7. No more than one boat may be stored in an enclosed structure on the Property. Such boat must be registered and titled to the Defendant. 8. The Defendant shall comply with Section 912.17(3) of the Indian River County Code of Ordinances. 9. Defendant shall not store or work on boats, which includes but is not limited to fiber glassing, sanding,painting, repairing and spraying boats, on his mother's property, which is located at 8120 134th Street, Sebastian, Florida, 32958. 10. Boats belonging to visiting guests, not registered or titled in Defendant's name,must be on a trailer and hitched to a roadworthy and registered vehicle. 11. Defendant shall not sell more than one boat per calendar year. 12. If Defendant complies with this Stipulation of Settlement for one year the County agrees to reduce the fines and liens on the Property to $2,000. 13. If the Defendant sells the Property within a year and has complied with this Stipulation of Settlement prior to sale,the County agrees to reduce the fines and liens on the Property to $2,000. 14. The Plaintiff agrees to dismiss its lawsuit, subject to the Court retaining jurisdiction for purposes of enforcing the terms and conditions of this Stipulation of Settlement, or for further proceedings, as appropriate. 15. The Parties agree that this Stipulation of Settlement must be approved by the Indian River County Board of County Commissioners, and that the undersigned attorney agrees to support this Stipulation of Settlement when presented to the Indian River County Board of County Commissioners for approval. On behalf of the County, this Stipulation of Settlement is final and binding as of the date and time of approval by the Indian River County Board of County Commissioners. F.•1,lnornrytDylan%Rnetemann Settlemen[doe Page 2 of 3 173 z ovER c .�� � of o, Office • q' k ` 6onsen/ 05/19/201 i A!• : :Yb.�. INDIAN RIVER COUNTY �LORt��' ATTORNEY Dylan Reingold.County Attorney OV William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �~ FROM: William K. DeBraal, Deputy County Attorney; DATE: May 13, 2015 SUBJECT: Answer to Lawsuit on Blue Cypress Lake Stilt Houses Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the houses are not built on sovereign submerged lands rather they are on property owned by Indian River County. Mr. Crayson and Mr. Tucker have settled their suits with the Trustees so only Kim Blair and the Scotts remain involved in the litigation. The Trustees asked the court to join the County as an indispensable party since the defendants claimed the stilt houses stood on County owned land. The court granted the Trustees' motion and the County was joined as a defendant to the lawsuit effective May 4, 2015. A copy of the Second Amended Complaint is attached to this memorandum. The County now must file its answer and any counter claims it may raise against the Plaintiffs Blair and the Scotts. When answering a lawsuit, a defendant must respond to each allegation in the complaint, plead all affirmative defenses and make all counter claims in its initial response to the lawsuit. This does not mean that the defendant must prosecute all of the counter claims, but they must be stated in the initial answer and pleadings filed with the court as it would be difficult to add them at a later date. Staff will answer the allegations in the complaint and deny having any interest in the submerged lands. We will also raise four counter claims: ed iia;e Indus; ��r Oa I At'` MAO Admin. �!•!J fiPPROVED FOR _ -_ 1 Cf— 15 Legal N�_ �� MM� • B.C.0 MEETING - CONSENT DA BudgetY r/:I • Dept IMP COUNTY ATTORNEY — 175 Blue Cypress Lake Stilt Houses May 13, 2015 Page 12 1. Ejectment. If the court finds the property does belong to the County, one of the remedies available to the County is to get an order from the Court removing the occupants from the stilt houses as they built on land not owned by them and without County permission. 2. Violation of the County and Florida Building Codes. It is believed that the stilt houses were built without any building permits. If this is the case, the houses must obtain after-the-fact building permits and be inspected as to electrical, plumbing and structure in order to determine if the houses meet applicable code requirements. 3. Trespass. If the court does find that the property is owned by the County, the court could also find that the stilt houses and occupants are occupying the lands without permission and are thus trespassing on County owned land. 4. Theft of utilities. Based on information and belief, the stilt houses have running water and/or electricity. The only nearby source of the water would be the County owned well at Middleton Blue Cypress Lake Park or electric in the park. If the owners do not have permission to tap into the County's well or electric, the court could hold them liable for monetary damages. When this matter came before the Board in March 2015, the County Attorney's Office wished to avoid being ensnarled in this ongoing lawsuit. Now that we are joined in the suit, we must defend the matter and the first step in the process is to file the answer and count claims. As was stated earlier, this does not mean that we must vigorously prosecute all of the counter claims, but they must be raised in the County's initial pleading. Funding: There is no funding associated with this matter. Recommendation: The County Attorney's Office recommends the Board approve filing the answer and include the applicable counter claims therein. 176 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Plaintiff, vs. CASE NO.: 31-2012-CA-000934 JAY SCOTT, CAROL SCOTT, and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendants. SECOND AMENDED COMPLAINT Plaintiff, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida(hereinafter "Board of Trustees"), files this Amended Complaint against Defendants Ja\ Scott,Carol Scott(Jay Scott and Carol Scott collectively"the Scotts"), and Indian River County. Florida, a political subdivision of the State of Florida(Indian River County and the Scotts collectively referred to as "Defendants") and alleges as follows: 1. This is an action to quiet and confirm title to and recover possession of submerged real property located in Indian River County, Florida, in the name of the Board of Trustees, under Chapters 65 and 66, Florida Statutes("Fla. Stat."). JURISDICTION AND VENUE 2. This is an action for injunctive relief and damages in excess of fifteen thousand dollars (S 15,000.00), exclusive of interest and costs. 3. This court has jurisdiction over this action pursuant to Article V, Section 5, Florida Constitution, and Sections 26.012 and 253.04, Florida Statutes. EXHIBIT A 177 4. Venue properly lies in Indian River County, Florida pursuant to Section 41.01 I. Fla. Stat.,because the submerged property in litigation is located in, and the causes of action set forth herein accrued in, Indian River County. PARTIES 5. The Board is responsible for overseeing state-owned lands and ensuring they arc managed in trust for the citizens of the State of Florida pursuant to Chapter 253 Fla. Stat., and Title 18, Florida Administrative Code("Fla. Admin. Code"). 6. The Florida Department of Environmental Protection("Department") has the duty to perform all staff duties and functions related to the administration of state lands as provided in Section 253.002, Fla. Stat. 7. Defendants are "person[s]"as defined in Section 253.04, Florida Statutes. and are subject to the provisions of Chapter 253, Florida Statutes, and Florida Administrative Code Titles 18. 8. The Scotts are individuals who operate, use, or otherwise claim an interest in two structures (hereinafter"the two structures")on and over submerged real property located in Indian River County, Florida,waterward of the ordinary high water line of Blue Cypress Lake and within the lands depicted by Indian River County Property Appraiser Parcel No: 32360000000000000003.0 (hereinafter the"Property"). The Scotts are not the upland riparian owners adjacent to the Property and the two structures. • 9. Defendant Indian River County, Florida, ("The County")is a political subdivision of the State of Florida who claims an interest in the Property. COUNT I—QUIET TITLE 10. The allegations in paragraphs 1 through 9 are re-alleged and incorporated herein. Page 2 of 6 178 11. Blue Cypress Lake is a navigable water body. 12. Blue Cypress Lake is a non-tidal water body. 13. The Board deraigns title to the submerged real property lying waterward of the ordinary high water line of Blue Cypress Lake(where the Property and the two structures are located), from the United States under the Equal Footing Doctrine, and by Florida's admission to the Union,Act of March 3, 1845. Ch. 48, §1, 5 Stat. 742, Art. X §I I Fla. Con. The Board holds title to all submerged property, not otherwise alienated or conveyed, in trust for all of the people of the State of Florida. §§ 253.03 and 253.12. Fla. Stat.; Art. X, §11. Fla. Const. 14. The Scotts have entered upon the Property and continue to maintain, improve, and use the structures on the submerged Property. 15. The Indian River County Property Appraiser depicts Parcel No: 32360000000000000003.0 as including the Property, lists the owner as the County, and references a County deed recorded in Indian River County's Official Records Book 47. Page 507. 16. Defendants claim some right, title, or interest in and to the Property. PRAYER FOR RELIEF WHEREFORE, the Board respectfully request that this Court remove the cloud from the Board's title to the Property and quiet title unto the Board. COUNT II—TRESPASS 17. The allegations in paragraphs 1 through 8, 10 through 14, and 16 are re-alleged and incorporated herein. 18. This is an action for Trespass on real property. 19. The Board is the owner in fee simple of the Property. Page 3 of 6 179 20. The Scotts continue to cause a trespass on the Property by using and maintaining the two structures without authorization from the Board. 21. The continual unauthorized use and physical occupation of the Property by the Scotts constitutes forcible, direct, and unlawful entry upon said property. 22. The Scotts are not and have never been authorized or allowed such trespasses and have been informed of the same. Notice by posted sign was provided on February 23, 2009. 23. The Scotts continued trespass interferes with the Board's property rights and causes the Board to suffer damages, causes damage to state lands, plants, and wildlife, and is destructive to benthic communities on the Board's land. 24. The Scotts continual trespasses on the Property impairs and impedes the public's use and enjoyment of said property, which is constitutionally mandated to be held in trust for such public purpose. Art. X, §11,Fla. Const. PRAYER FOR RELIEF WHEREFORE,the Board respectfully request that this Court: A. Permanently enjoin the Scotts from further trespass on the Property. including requiring the Scotts to remove the entirety of the structure and other materials and personal property that are causing the trespass upon the Board's property; B. Impose and compel payment for compensatory damages for damage to state property, the waters of the state, the natural resources of the state, and interference with the ordinary use of the property by the owners and the public, including payment of any costs incurred by the Board if the Scotts fail to remove the entirety of the structure and other materials and personal property from the Property, and the Board must undertake said removal; Page 4 of 6 180 C. Impose and compel payment of exemplary damages for the willful and continuing trespass after notice, and D. Provide such other relief as is equitable and just in the circumstances. COUNT II—EJECTMENT 25. The allegations in paragraphs 1 through 8, 10 through 14, and 16 through 24 are re-alleged and incorporated herein. 26. This action is to recover possession of the Property. 27. The Scotts are in possession by way of the placement and maintenance of structures and material on the Property without permission or consent by the Board. 28. The Scotts refuse to deliver possession of the Property to the Board andlor pay the profits resulting from their use of it. PRAYER FOR RELIEF WHEREFORE, the Board respectfully request that this Court eject Defendants from possession of the Property and award the Board damages against Defendants and any further relief this Court deems appropriate. Respectfully submitted this qday of March, 2015. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BONNI A. A. OY3 Assistant General Counsel Florida Bar No. 86109 Office of General Counsel Department of Environmental Protection 3900 Commonwealth Blvd., MS #35 Page 5 of 6 181 Tallahassee,Florida 32399-3000 Telephone: (850)245-2261 Facsimile: (850) 245-2298 Primary email:bonnie.malloy(r dep.state.fl.us Secondary email: lateshee.m.daniels(udep.state.1l.us Tertiary email: DEP.Enforcement@dep.state.fl.us KIRK S.WHITE Assistant General Counsel Florida Bar No. 073113 Office of General Counsel Department of Environmental Protection 3900 Commonwealth Blvd., MS #35 Tallahassee, Florida 32399-3000 Telephone: (850)245-2258 Facsimile: (850) 245-2298 Primary email: kirk.white@dep.state.fl.us Secondary email: K.aren.tyre@dep.state.fl.us Tertiary email: DEP.Enforcement(i dep.state.fl.us Page 6 of 6 182 tttvER Office of Consent 03119/2013 AL- N. • INDIAN RIVER COUNTY ORX ATTORNEY Dylan Reingold.County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Manny Cabo, Telecommunications Manager FROM: William K. DeBraal, Deputy County Attorney �tf� DATE: May 12, 2015 SUBJECT: First Amendment to Lease Agreement with AT&T Mobility for Colocation on Tower at 1340 Old Dixie Highway Tower In 1995, the County entered into a Lease Agreement with TALCOM, Inc., for TALCOM to construct a tower at 1340 Old Dixie Highway. The tower and accessory buildings were completed and are in operation. Over the ensuing 20 years, the cellular industry has seen frequent mergers and acquisitions which have resulted in AT&T Mobility, LLC as the current Tenant under the terms of the Lease. AT&T Mobility has contacted the County seeking our consent to enter into a colocation agreement with Verizon Wireless Personal Communications, LP, for Verizon to install an antenna array on the tower. The First Amendment to Lease Agreement (Amendment) calls for the County to be provided with engineering reports that will document the tower's ability to handle the increased loading. The County will also be named as an additional insured by Verizon. The current Lease runs through 2025. The Amendment will coincide with the current Lease and provide additional rental income of $12,171.24 annually, subject to a 3% increase in that rate each year. By executing the Amendment, the County will give its consent to the necessary permitting and testing that will need to be performed in order to install the new antenna array and associated equipment on the tower. Funding: There is no funding associated with this item. Recommendation: The County Attorney's Office recommends the Board approve the First Amendment to Lease Agreement for the 1340 Old Dixie Highway site and authorize the Chairman to execute the Amendment on behalf of the Board. c: Manny Cabo Charles F. Fink cfink@sbasite.com Bonnie Merkt, Esq. Bonnie.Merkt@hklaw.com -- .ed Date i,'ED FOR ' ` 1 1:) I ��. 13 15 L.�,.0 MEETING CONSENT AGENDA t C43'/S 183 COUNTY ATTORNEY. FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide for Co-location is entered into this day of , 2015, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th Street, Vero Beach, Florida, 32960 and AT&T MOBILITY, LLC, a Delaware Limited Liability Company, by AT&T Mobility Corporation, its manager, ("TENANT"), whose address is 2300 Northlake Center Drive, Room 4W-125, Workspace 4W-77, Tucker, GA 30084. WITNESSETH WHEREAS, COUNTY and TENANT entered into a Lease Agreement dated December 19, 1995 (the "Lease"), whereby TENANT would construct a communications tower on property leased from COUNTY located at 1340 Old Dixie Highway, Vero Beach, Indian River County, FL 32960, the legal description of which is attached as Exhibit "A" and incorporated by reference herein; and WHEREAS, TALCOM was the original Lessee on the Lease but over the ensuing 20 years, the cellular industry has seen frequent mergers and acquisitions which have resulted in AT&T Mobility as the current lawful and responsible Tenant under the terms of the Lease and this Amendment; and WHEREAS,TENANT desires to enter into that certain Co-Location Agreement(the "Co- Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware limited partnership,d/b/a Verizon Wireless with its principal offices located at One Verizon Way,mailstop 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may locate certain equipment and antennas to be more particularly described in the Co-Location Agreements on the "Property" and/or "Tower" (as defined in the Lease); and WHEREAS,Tenant has requested and the County consents to amend the Lease to provide for Verizon to co-locate on the tower; and WHEREAS, the Tenant has provided an engineering report documenting the tower is capable of handling the additional equipment to be installed on the tower and that Verizon's co- located equipment will not interfere with the operation, quality or maintenance of any other equipment located on the tower and that the tower with Verizon's added equipment will be in compliance with all aspects of the Florida Building Code, local and federal regulations; and WHEREAS, in connection with the foregoing, COUNTY and TENANT desire to amend the Lease as hereinafter set forth. NOW,THEREFORE, in consideration of the sum of the TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto,intending to be legally bound,do hereby agree as follows: 1 184 1. The recitations set forth above are true and correct and are incorporated herein by this reference. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the terms and provisions of the Lease; this Amendment shall control. 2. Pursuant to paragraph 12 of the 1995 Lease,Verizon shall name the County as an additional insured on any policy of insurance required by Tenant. Tenant shall supply the County with a copy of the proof of insurance. 3. The following is inserted as Section 4.f of the Lease: "Notwithstanding anything to the contrary contained herein and subject to COUNTY's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, TENANT, in addition to all other rights granted TENANT under the Lease, shall have the right to sublease any part of the Property, Tower or Equipment Building to any third party telecommunication service provider, including,but not limited to Verizon,or to enter into the Co-Location Agreements with Verizon or any other such co-location agreement with any third party telecommunication service provider; provided, however, that such subleasing of any part of the Property, Tower or Equipment Building to Verizon pursuant to the Co-Location Agreements, or any other sublease or co-location by any third party telecommunication service provider shall not interfere with COUNTY's telecommunications facilities or equipment which may then or thereafter be located on the Property or Tower, or COUNTY's use of the Property, Tower and/or Equipment Building in such a manner as to violate Section 5 of this Lease. Subject to the foregoing, by COUNTY's execution of this Amendment, COUNTY hereby expressly consents to the Co-Location Agreements and TENANT's subleasing of portions of the Property, Tower and Equipment Building to Verizon as more particularly described in the Co-Location Agreements. TENANT shall remit to COUNTY, one-half (1/2) of any rent actually received by TENANT required to be paid by Verizon under the Co-Location Agreements, or by any other such third party telecommunication service provider under any such other sublease or co-location agreement which TENANT may enter into pursuant to this Section 4.f. The rent during the initial term of the Co-location Agreement shall be $24,342.48 annually; such rent shall increase by three percent (3%) on each anniversary of the commencement date of the Co-location Agreement. 4. The address of TENANT as set forth in Section 18.d. of the Lease is hereby deleted in its entirety and the following is inserted in its place: AT&T Collocation AR P.O. Box 5086 Carol Stream, IL 60197-5086 FA: 10080597 5. Except as specifically set forth herein, the terms and provisions of the Lease shall remain unmodified and shall continue in full force and effect. 2 185 • RECEIVED INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT MAY Q 4 2015 Name: 'Ocij /7=/C� / Date: 2.--6----/S-- -�'1 BOARD OF COUNTY ! CON MISSION Full Name: PA"))6 e_ ia-. -1 C1.1-61/ Email Address: 17i4tJR L 7N6Z old,attx,v5 ,c'crrA Street Address (No P.O. Boxes): 7--415. 6 3 49' .. Home Phone: 6 7-- "No Work Phone: 14-2-`4/t Ss Cell Phone: V73 -24,51 How long have you been a resident of Indian River County? 3s 1j:hn� Are you a full or part time resident?Check one: Full TimeNi.Part Time ''ISTRIisUTION LIST L'mmissioners _. Administratorh� Please list current employer or business. If retired, please list any business expa nce..that-maybe ___1 rt applicable to the committee. Community Der.. ..,_.___.. f� E,u,r,y-5enrites /IK ,( k-+� `/� �r`7 ,,eneral Servires ;lumen Resources -- 6' -7--/‘ -1/0;.S40 ,01v 1 OMB P,,6lir weeks Recreation -- Please list any licenses you presently hold: iltiliiies Services ______ \ec "e Please list any organization of which you are currently a member: D..4r4 five"- 641,- Z -41 - /90v ,itik a.44/( / (,..e, -- r'Jo4Ln04 9 11- c /(Aiete /01"- /or 01 c.,/or c'iv,8 Please list any other committees or boards you currently sit on: vs D/; if),,Li,,../7 t A/ 'TO/An_d X19✓,r S7i17 6'Yn.n,h.ti, r- ez. c`-J its 7AMc Fc44.0 iii 7 k- Continued on next page 191 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT U CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD n COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS n ECONOMIC DEVELOPMENT COUNCIL .Ja/ ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD n MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL fl TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE n ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for one year from date received. Print 192 DANIEL R. RICHEY P.O. BOX 39 VERO BEACH, FL 32961 (772) 562-4155 PROFESSIONAL Riverfront Packing Company LLC CEO, President 2001-Present Vero Beach, FL Riverfront Groves, Inc. Vero Beach, FL President 1994—2001 Vice President 1985— 1994 Executive Assistant 1981 — 1985 Riverfront Fundraising Creations Vero Beach. FL President 1984—2008 Gulfstream Harvesting, Inc. Vero Beach. FL President _ 1986—Present Taisho Company 2003 -Present Vero Beach, FL President Delta Fruit Co. Vero Beach, FL Vice President 1990— 1993 Riomar Citrus Sales Vero Beach,FL Vice President 1993— 1995 EDUCATION Florida Southern College 1980 Bachelor of Science PROFESSIONAL AFFILIATIONS & MEMBERSHIPS Florida Citrus Commission Lakeland, FL Chairman June 2000-June 2002 Florida Citrus Commissioner 1999-2004 (Appointed by Governor Bush in April 1999) Congressional Task Force on Agricultural Trade Washington D.C. (Appointed by Congressman Putnam) Oct 2002 United States Department of Agriculture January 2006-Present Washington D.C. U.S. Secretary of Agriculture Industry Advisory Committee (Appointed by US. Secretary of Agriculture Mike Johanns) 193 PROFESSIONAL AFFILIATIONS & MEMBERSHIPS(CONTINUED) USDA/USTR 2014-Present Washington, D.C. Agricultural Trade Advisory Committee (Appointed by US. Secretary Vilsac and U.S. Trade Representative Froman) United States Trade Representative Washington,D.C. Credentialed Advisor to the United States Trade Representative at the World Trade Organization Ministerial meetings in Cancun, Mexico, 2003 Indian River Citrus League Vero Beach, FL President 1997—1999 Chairman of the Board 1995—1997 Vice President 1993— 1994 Chairman, Legislative Committee 1992— 1993 Member, Board of Directors 1989- Present Ocean Spray Cranberries, Inc. Vero Beach, FL Citrus Division-Advisory Board of Directors 1989-Present Florida Citrus Packers Lakeland, FL President 1992— 1993 Member, Board of Directors 1985—Present Vice President 1990 - 1992 Executive Committee 1990—Present Chairman, Export Committee Chairman, Legislative Committee Florida Fruit& Vegetable Association Orlando, Fl Director Oct 2007-Present HESCO—(Highland Exchange Service Cooperative) Waverly, FL Vice President 1989—1999 Member. Board of Directors 1985—2010 Committee for Sustainable Treasure Coast (Appointed by Governor Bush in Feb. 2004) 2004—2005 Florida Citrus Business & Industry Self Insurance Fund Lakeland, FL Board of Trustees 1996—Present Harbor Branch Oceanographic Institute Ft. Pierce,FL Board of Directors March 2006-March 2008 Torrey Pines Institute for Molecular Studies San Diego, CA Member, Board of Trustees Oct. 2007-Present Alzheimer's and Aging Research Center San Diego, CA President 2009—Present Diabetes National Research Group San Diego, CA President 2009-Present 194 CIVIC ACTIVITIES Indian River County Planning&Zoning Commission Vero Beach, FL Chairman 1992—1996 Member 1985— 1996 Indian River National Bank Vero Beach, FL Director 1996—May 2008 Gulfstream business Bank Stuart, FL Board of Directors 2008-2014 Center State Bank Winter Haven, FL Director 2014-Present Leadership Florida,Class IX Tallahassee, FL Florida Chamber of Commerce 1990— 1991 Indian River County Chamber of Commerce Vero Beach, FL Board of Directors 1989—1992 St.Edward's School Vero Beach, FL Chairman, Board of Trustees 1995— 1997 Vice Chairman, Board of Trustees 1993 1995 Member, Board of Trustees 1992--2001 The 100 Club Vero Beach, FL President 1994-- 1995 Member, Board of Directors 1990—1997 Member 1985-Present Florida Southern College Lakeland, FL Board of Trustees 2010- 2014 South Indian River County Fire Department Vero Beach, FL Member, Advisory Board 1984—1990 Indian River Red Cross Vero Beach, FL Board of Directors 1989 Indian River County Substance Abuse Council Vero Beach, FL Board of Directors 1990 PERSONAL Born June 22. 1958 Married, three children 195 County Attorney's Matters-B.C.C. 5.19.15 AV -',k Office of '7. INDIAN RIVER COUNTY 0 ATTORNEY I '0* )'-‘3e.) Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �J FROM: Dylan Reingold, County Attorney 9l— ' DATE: May 11, 2015 SUBJECT: First Amendment to Guardian Ad Litem Interlocal Agreement BACKGROUND In 2010, the Guardian Ad Litem, the Clerk of the Circuit Court for St. Lucie County, Indian River County, Martin County, Okeechobee County and St. Lucie County (the "Counties") entered into an interlocal agreement concerning Guardian Ad Litem funding consistent with the provisions of Section 29.008, Florida Statutes (the "ILA"). Since that time, St. Lucie County requested an amendment to the ILA (the "Amendment"), which includes a provision that the annual budget include a reimbursement to St. Lucie County for general and administration expenses. Such expenses will be determined using the St. Lucie County cost allocation plan, with backup documentation to be provided with the budget submittal. The only other substantive change was adding language that clarifies that the Counties will comply with the requirements of Section 29.008, Florida Statutes. Indian River Co. Ap t roved Date Approved for May 19, 2015 BCC Meeting Admin. ` S 5 )1//5"County Attorney's Matters Co.Atty. tel' i 5 Budget Department -- COUNTY ATTORNEY Risk Management --- --- F:LlnomeyL da%GENERALU3C Colgenda Alemos Antetdnent to GAL ILA.doc 196 Board of County Commissioners May 11. 2015 Page Two FUNDING The current year approved budget includes total funding of$87,388 for the County's portion of Guardian Ad Litem costs for the Circuit (total funding - $379,937). Funding for these expenses is provided through a combination of sources including; General Fund ($13,014), Court Facility Surcharge Fund ($48,553), and Court Technology Fund ($25,821). The proposed amendment does not directly impact the approved funding level for Guardian Ad Litem. There will be a $54.50 recording cost for recordation of this Amendment in the Public Records of Indian River County. Funds for this cost are available from the General Fund/County Attorney's Office/Recording Fees—Account No. 00110214034830. RECOMMENDATION The County Attorney recommends that the Board approve the proposed Amendment to the ILA and authorize the Chairman of the Board to execute any documents necessary to effectuate the ILA. ATTACHMENT(S). Proposed Amendment h'.Aimrnev Lindn,GEYFRf LB CCAcenda Wows Amendment in G4L ILA.dnc 197 FIRST AMENDMENT TO INTERLOCAL AGREEMENT GUARDIAN AD LITEM FUNDING C09-10-657 THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between GUARDIAN AD LITEM FOR THE NINETEENTH JUDICIAL CIRCUIT ("GAL"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purpose of providing required services to Guardian Ad Litem. WHEREAS, Section 29.008, Florida Statutes (2014), provides that the counties within a judicial circuit provide county funding for court related functions, including the staffing and offices for the Guardian Ad Litem Program; and WHEREAS,the GAL and the Counties previously entered into an Interlocal Agreement to establish a procedure wherein funding for the GAL Program is prorated by population among the Counties; and WHEREAS, the GAL, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein. In consideration of the mutual advantages accruing to the parties, the GAL, Clerk and the Counties agree as follows: 1. Section 1A "PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET" is amended to read as follows: A. The GAL agrees to present a total unified budget for each fiscal year (October 1-September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from budget requests to meet local requirements pursuant to Section 29.008(2), Florida Statutes. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Guardian Ad Litem budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Guardian Ad Litem budget submittal. Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the GAL to C:\USERS\BUS"SIAPPDATA\LOCALITEMPMINUTETRAC6S LUCIEFL(DSILUCIQlIQM1COA1\WOIU\ATTACIP/LMS\-LIOCX 198 discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June 1St of each year. 2. Section 1B "PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET" is amended to read as follows: B. The Counties agree to comply with the requirements of Section 29.008 Florida Statues (as may thereafter be amended) concerning the proposed budget. The proposed budget shall be presented to each of the four (4) Boards of County Commissioners for consideration during the Board's normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determines to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year, commencing on October 1, 2009. 3. Except as amended herein, the remaining terms and conditions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this First Amendment by their duly authorized officials on the dates stated below. GUARDIAN AD LITEM NINETEENTH JUDICIAL CIRCUIT WITNESSES: BY: Circuit Director Date: C.WSERS BUSH5 APPDATAII.00ALITFMPMINIME RAQ\S LUCITS4511 LIC161.IQM3COM\WOIU\ATTACHMENTS\ 199 - I 3 - P C'S -- , r L, f 1 f � � AMENDMENT TO AGREEMENT TO PURCHASE, SELL AND LEASE REAL ESTATE BETWEEN RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY This Amendment to Agreement to Purchase, Sell and Lease Real Estate ("Amendment") is made and entered into the day of March, 2015 by and between Indian River County, political subdivision of the State of Florida ("County") and Randy and Linda Kurpil ("Sellers") who agree as follows: WHEREAS, the County and the Sellers entered into an Agreement to Purchase, Sell and Lease Real Estate on May 4, 2010; and WHEREAS, during the course of the 66th Avenue Improvement Project, the County had to increase the elevation to the east of the Kurpil property and construct a stormwater retention pond to the north of the Kurpil property; and WHEREAS, these changes in elevations may have affected historic drainage in and around the Kurpil property; and WHEREAS, the parties agree to amend the May 4, 2010 Agreement in order to address unforeseen problems associated with the 66th Avenue Improvement Project, NOW THEREFORE, in consideration of the mutual terms, conditions, promises and premises hereinafter, County and Sellers agree to amend the agreement as follows: 1. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County or its subcontractor for the 66th Avenue Improvement Project will install a type "C" buffer as described and depicted in exhibit "A" attached along the 311 foot east side of the Kurpil property adjacent to 66th Avenue. Due to space constraints, the buffer may not span the full 15 foot width as depicted in the exhibit. The buffer will be planted on County property and shall be irrigated and maintained by the County. 3. The County has inspected the fence that was taken down prior to beginning of the project for solidness and found it to be in unsatisfactory condition and unable to be re- installed. The County or its contractor will replace and install a three board wooden 1 207 I \ i . : ; , fence at the County's expense along the east side of the Kurpil's property on the Kurpil's property. 4. When installing the fence, if deemed necessary by the installer of the fence, the County will scrape the fence line so it is level and thereby removing an approximate 40 foot long raised section of dirt at approximately the middle of the Kurpil's eastern property line. This dirt will be placed on the north side of the pond at a point to be established by the Kurpils with a stake to mark the point. The scraped area will be resodded by the County. The Kurpils shall be responsible to grade the dirt. If the fence installer deems it unnecessary to scrape the 40 feet of fence line, the County will place two dump truck loads of fill on the north side of the pond where indicated by the stake. 5. The County or its contractor will grade and sod a swale along the north property line of the Kurpil property the location of the swale is depicted on exhibit"B" attached. The swale will be constructed so that water will drain from east to west to the swale located along the western edge of the Kurpil property. The existing swale on the north western portion of the Kurpil property will be filled in and sodded by the County or its contractor. 6. In the event that the drainage pipe along 67th Avenue (west side of the Kurpil property) is too small and/or the existing drainage swale along the west side of the Kurpil property needs to be re-graded, the pipe shall be upsized and/or the swale regraded. These tasks shall be performed by the County or its contractor at the County's expense. 7. At the time the swale along the north side of the Kurpil property is constructed. The County or its contractor will install an outfall pipe from the Kurpil pond to the swale. This work shall be done at the County's expense. 8. The County or its contractor will move dirt from the southeast area of the pond and restore the bank and cover the bare soil with sod. 2 208 .- XhUB I "sA_Ri 9. The Sellers will sign the attached Temporary Construction Easements to allow the County on the property to perform the above cited tasks. 10. By separate document, the County and the Sellers will enter to a Lease Agreement for the remainder of the County stormwater retention pond property generally depicted on Exhibit "C", taking into consideration the following conditions: 1. The Lease shall be for a term not to exceed 15 years. 2. The Lease shall contain a termination clause whereby the County or the Sellers could terminate the lease with a 90-day notice to the other. 3. The Lease cannot be assigned by any party without written permission of the other party. 4. The Sellers shall be permitted to use this property for their personal use only. No structures or vehicles of any type may be placed on the property. 5. Fencing may be permitted on the property upon proper permitting and approval in advance by the County. 6. The Sellers shall be wholly responsible for maintenance of the property to the County's code requirements. 7. The Sellers shall be permitted to put horses to graze and have a facility for water on the leased property. Water shall be the only other improvement allowed on the property besides fencing. 8. The Kurpil's shall add the leased premises on to their policy of homeowner's insurance and add the County as an additional insured, supplying the County with proof thereof. 9. It is intended that the lease for this non-buildable lot is entered into in consideration of further damages experienced by the Sellers as a result of the 66th Avenue Project. Signatures on the following page. 3 ) ) / / *c� 3 3 v kr-c) h—S 3 209 [ XH13 T . 4 i I BOARD OF COUNTY COMMISSIONERS SELLERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman Randy Kurpil Date BCC Approved: Linda Kurpil Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: By: Joseph A. Baird William K. DeBraal County Administrator Deputy County Attorney • 4 210 S- 1 - 1/;_r_s / M. ( p 1 - [ p, . AMENDMENT TO AGREEMENT TO PURCHASE, SELL AND LEASE REAL ESTATE BETWEEN RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY This Amendment to Agreement to Purchase, Sell and Lease Real Estate (°Amendment") is made and entered into the day of May, 2015 by and between Indian River County, political subdivision of the State of Florida ("County") and Randy and Linda Kurpil ("Sellers") who agree as follows: WHEREAS, the County and the Sellers entered into an Agreement to Purchase. Sell and Lease Real Estate on May 4, 2010; and WHEREAS, during the course of the 66th Avenue Improvement Project, the County had to increase the elevation to the east of the Kurpil property and construct a stormwater retention pond to the north of the Kurpil property; and WHEREAS, these changes in elevations may have affected historic drainage in and around the Kurpil property; and WHEREAS, the parties agree to amend the May 4, 2010 Agreement in order to address unforeseen problems associated with the 66th Avenue Improvement Project, NOW THEREFORE, in consideration of the mutual terms, conditions, promises and premises hereinafter, County and Sellers agree to amend the agreement as follows: 1. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County or its subcontractor for the 66th Avenue Improvement Project will install a type "C" buffer as described and depicted in exhibit "A" attached along the 311 foot east side of the Kurpil property adjacent to 66th Avenue. Due to space constraints, the buffer may not span the full 15 foot width as depicted in the exhibit. The buffer will be planted on County property and shall be irrigated and maintained by the County. The buffer will consist of at least (24) 16" Privet trees and two staggered LI 1 211 I EXH ' H i - -.- .1h-- i L..._ / 1 1 8 , hedges consisting of at least 210 Arbicola shrubs to create a tall privacy barrier between 66th Avenue and the Kurpils property. 3. The County has inspected the fence that was taken down prior to the beginning of the project for solidness and found it to be in unsatisfactory condition and unable to be re-installed. The County or its contractor will replace 533 feet of unusuable three /f.J _______Q__ board wooden fence and install a three board wooden fence consisting of 311 feet at the County's expense along the east side of the Kurpil's property on the Kurpil's property. -4wO 4. The County will place four dump truck loads of fill on the north side of the pond where indicated by boundary stakes. The County /will grade and sod the area at the K 0 ,(�1vo)v iet*.eaJ' -F-F.:,54-G-" _ County's expense. f� ►( 5. The County or its contractor will grade and sod a swale along the north property line of the Kurpil property. The location of the swale is depicted on exhibit "B" attached. The swale will be constructed so that water will drain from east to west to the swale located along the western edge of the Kurpil property. The county will pay the e 1„ ] Kurpil's $10,000 for constructing a county pond drainage swale on the Kurpils � J� property for the purpose of water runoff. The Kurpils will mow and maintain the swale as per St. Johns Water Managements requirements. 6. In the event that the 12" drainage pipe along 67th Avenue (along the west side of the Kurpil property) is too small and the existing drainage swale along the west side of the Kurpil property needs to be re-graded due to flooding, the pipe shall be upsized 1\/and the swale will be re-graded and re-sodded. These tasks shall be performed by the County or its contractor at the County's expense. The county will also monitor the water flowing south to the drainage grate on the Winkels property located next to their northwest corner fence line along 67th Avenue so that the water will not back up onto the Kurpils property. If a larger drainage grate is needed on the Winkels 2 212 �.. XH i BIH \\ v,---/ . ,, propertyfor proper drainage then it will be replaced at the county's expense. If these changes do not correct the current flooding issues on the Kurpils property than the county will pay for at their expense the same underground concrete culvert drainage & grate system as was installed on the Winkel's property alongside the east side of the private road located on 67th Avenue. If any water continues to flow from the north into Lateral A's subdivision along the west side of 66th Avenue through the Dowling's property then as per St. John's letter dated April 17, 2015 addressed to Chris Kafer and Deward Howard the county will install at their expense an outfall pipe for a historical swale alongside the Dowlings northeastern property line. 7. At the time the swale along the north side of the Kurpil property is constructed the County or its contractor will install an outfall pipe from the Kurpil pond to the swale. This work shall be done at the County's expense. 8. The County or its contractor will move dirt from the southeast area of the pond and 42,4 restore the bank and cover the bare soil with sod. The county will also remove all the cattails from the Kurpils pond. The county will re-grade and re-sod these areas along the pond banks with any required fill dirt at the county's expense. 9. The Sellers will sign the attached Temporary Construction Easements to allow the County on the property to perform the above cited tasks. 10. By separate document, the County and the Sellers will enter into a Lease Agreement for the remainder of the County stormwater retention pond property generally depicted on Exhibit "C", taking into consideration the following c ditions: 1.5— Wm...s o rtQ I_ 1. The Lease shall be for a term not to exceed 20 years. 2. The Lease shall contain a termination clause whereby the County or the Sellers ry could terminate the lease with a 90-day notice to the other. The lease will only V �/ be terminated by the County if it is determined that the county's drainage pond located on the eastern back of the leased property requires the ponds expansion due to construction from a 4 to 6 lane highway. At such time the lease will be terminated within 90 days of construction. 3. The Lease cannot be assigned by any party without written permission of the other party. 3 213 .117 e.-fl-f- rE7111: 1 B i It:9-----1' " 4152-- „ ,,k 1 l'�r0I�s e r_____________+ -- ,Y yam- Y iily ns o ��} le° 0 4. The Sellers shall be permitted to use this property for their personal use only. 5. The Sellers shall be wholly responsible for maintenance of the property to the County's code requirements. 6. The Sellers shall be permitted to put temporary and removable structures on the leased property and have a facility for water. All removable structures, fences, etc. will be removed upon termination of this lease. 7. The Kurpil's shall add the leased premises on to their policy of homeowner's insurance and add the County as an additional insured, supplying the County with proof thereof. 8. A three board wooded fence has been approved by the county to be installed and paid for by the Kurpils on the county's leased property. 9. The county will install and pay for two culvert drainage pipes on the leased property for maintenance vehicles to gain entrance along 67th Avenue and also 0 along the southwest side boundary of the Kurpils property and the county's leased property. If the county sees a need for a larger drainage pipe than 12” for either of the culverts drainage pipes than the county will also replace at their expense the Kurpils drainage pipe on 67th Avenue to match the water flow requirements along with regrading and resodding all areas of the swale that require the proper water flow. 10.At such a time by no fault of the Kurpils any of the large trees have fallen due to high winds or become damaged/diseased the county will remove the trees at their expense so as to not create a safety issue or hazard. ignatures on the following page. _......\ VL-5 c5 � ___, c....iv,,,aj ,,i\r ' I c- Wit- *Y 0,-- 1---2....,--c-, 5y . g‘ 1# �., v� i� ,til., c,_.„.ci �4 , t\. T >A� . �►�t�� � by y -\--sj kA c)),(2 , q ..)c-i- 1-7,- /,----i -) --1-A0-4- 'i---ks.,___ ),ex_.....w._ -----P --i--2 6 a jo _.,- 1 f - 0 ock - I-y. t' i d (,--)- — ° , ..C...2.44Z2f€S.L1 i ilk 40 1 V‘ >j...5e.j-C.,..) &l,i 0 i ..C.> 114`;>1-1— `'-lc-`4".'5 "-s --) e4Q-1)6:"4 (,3 sLI Lr-as cz:_s G__. l ( C6 ' i f\ori-) 4 214 77BTPB " BOARD OF COUNTY COMMISSIONERS SELLERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman Randy Kurpil Date BCC Approved: Linda Kurpil Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: By: Joseph A. Baird William K. DeBraal County Administrator Deputy County Attorney 5 215 ITEM 14.A.1 May 19, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 5, 2015 SUBJECT: Vero Village Utility Account FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in addressing abatement of penalties and interest that have accrued on Vero Village' utility account. 216 From: Lee Katsikos Sr. [mailto:Ikatsikos@thekatsikosgroup.comj Sent:Thursday, March 19, 2015 4:57 PM To:Vincent Burke; Wesley S. Davis Cc: Mercy Arrojas; Paul Schwartz Subject: RE:Vero Village We are respectfully asking for reconsideration despite expiration of the amnesty period, is there anything that can be done to accommodate? Lee S. Katsikos, P.A., SIOR ri Tait KATS 1 KOS C;RCfl►I'. INC . The Katsikos Group, Inc. 8669 NW 36TH Street Suite 315 Miami, FL 33166 Office: 305.717.1880 Fax: 305.717.1881 Lee Cell: 305.970.4532 Email: marrojas@thekatsikosgoup.com Ikatsikos(a thekatsikosgroup.com www.thekatsikosgroup.com http://www.loopnet.com/profile/7602594980/The- Katsikos-Group/ Sla, Is the professional designation of the SOCIETY OF INDUSTRIAL AND OFFICE REALTORS NOTICE:This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged.If you are not the intended recipient,you must not review,retransmit,convert to hard copy,copy,use or disseminate this e-mail or any attachments to it. If you have received this e- mail in error,please notify us immediately by return e-mail or by telephone at 305-717-1880 and delete this message.Please note that if this e-mail message contains a forwarded message or is a reply to a prior message,some or all of the contents of this message or any attachments may not have been produced by The Katsikos Group,Inc. From: Vincent Burke [mailto:vburke@ircgov.com] Sent: Thursday, March 19, 2015 4:46 PM To: Wesley S. Davis Cc: Lee Katsikos Sr. Subject: RE: Vero Village 2 217 Good afternoon Comm. Davis, The amnesty period of delinquent charges was authorized by the Board for the period of time from April 02, 2013- August 31,2013 and has since expired. I have included he appropriate section of the IRC code 201.08 (J)(4): •Delinquency charge. County shall charge an additional two dollars($2.00)plus one and one-half(1'/2)percent interest monthly(collectively "delinquency charges")on all outstanding balances including assessments,fees,charges,and other fees due(collectively "underlying charges") if payment is not made in full by each payment deadline date; provided,however,that the utilities director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where(i)payment in full of all underlying charges and delinquency charges would work a hardship to the customer,and such waiver is determined to be in the best interests of the county,and(ii)such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which(i)are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and(ii)are unpaid as of April 2,2013,such delinquency charges shall be waived if the unpaid service availability charges are paid in total at any time between April 2, 2013, and August 31, 2013. I believe Cindy Corrente of this office has been in contact with Mr. Schwartz regarding the status of the account. For reference, the present balance is$286,833.80 Penalties=$137,017.00 Bills= $149,816.80 Thank you, Vincent From:Wesley S. Davis Sent:Thursday, March 19, 2015 9:38 AM To:Vincent Burke Cc: 'LKATSIKOS@THEKATSIKOSGROUP.COM' Subject: FW:Vero Village Vinny, I know things have been busy lately; however, please let me know if you have had an opportunity to review the request of Mr. Katsikos. Thanks, Wesley S. Davis Commissioner District 1 1801 27th Street- Building A Vero Beach, FL 32960-3365 772 2261442 wdaviseircgov.com Before printing this e-mail,think if it is necessary.Think Green! DISCLAIMER: Under Florida Law(FS668.6076),e-mail addresses are public record. If you do not want your e-mail address released in response to a public-records request,do not send electronic mail to this entity. Instead,contact this office by phone or in writing. 3 218 From: Lee Katsikos Sr. Imailto:lkatsikos@thekatsikosgroup.com] Sent: Monday, March 16, 2015 3:53 PM To: Wesley S. Davis Cc: Mercy Arrojas; Paul Schwartz Subject:Vero Village Wesley, good to meet you today. Please advise when we can schedule the hearing with the Board of County Commissioners to address the abatement of penalties and interest that have accrued to date on our utility account. As I stated we are now in a position to pay off the debt if penalty/interest is waived within 30 days of approval and are agreeable going forward to pay the utility bill monthly so that we remain current/in good standing going forward. Again thank you for your efforts and time extended in meeting today, Lee Lee S. Katsikos, P.A., SIOR r--1 11 I1 KATS I KOS C;R OI INC. The Katsikos Group, Inc. 8669 NW 36TH Street Suite 315 Miami, FL 33166 Office: 305.717.1880 Fax: 305.717.1881 Lee Cell: 305.970.4532 Email: marrojas@thekatsikosgoup.com lkatsikos@thekatsikosproup.com www.thekatsikosgroup.com http://www.loopnet.com/profile/7602594980/The- Katsikos-Group/ SIO,doir Is the professional designation of the SOCIETY OF INDUSTRIAL AND OFFICE REALTORS NOTICE:This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged.If you are not the intended recipient,you must not review,retransmit,convert to hard copy,copy,use or disseminate this e-mail or any attachments to it.If you have received this e- mail in error,please notify us immediately by return e-mail or by telephone at 305-717-1880 and delete this message.Please note that if this e-mail message contains a forwarded message or is a reply to a prior message,some or all of the contents of this message or any attachments may not have been produced by The Katsikos Group,Inc. 4 219 DISTRICT INDIAN RIVER COUNTY,FLORIDA MEMORANDUM / Df71 TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King,Director of Emergency Serv.ces FROM: Brian Burkeen,Assistant Chief DATE: May 13 2015 SUBJECT: Approval of Amended Work Order No. 1 for Renovations on Fire Rescue Station#1 (1500 Old Dixie) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On December 16, 2014,the BCC approved Work Order No. 1 which provided for a scope of work for the renovation construction for Fire Station 1 in the amount of$58,232.00. Since that date,it was discovered that the scope of work needed to be changed and expanded in order to accomplish the additional tasks agreed upon in planning meetings.Under this scope there are additional plans related to drawings,engineering and schematics. The expanded scope of this proposal includes: • Additional Schematic,Design Development Services by Paul Dritenbas • Working Drawings to include a permit set of drawings by Paul Dritenbas • Additional Civil Design Services for driveway design and temporary modular housing by Carter Associates Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached summary outlines programming, design & pre-construction increased costs of$59,095.00,making the total cost of Amended Work Order No. 1 $117,327.00 FUNDING: ITEM Amount Account Number Station#1 Renovation Construction $59,095.00 11412022-066510-15007 Funding is to be derived from Emergency Services District budget. RECOMMENDATION: Staff recommends approval of the additional pre-construction cost for renovations of Fire Station#1 as outlined. 220 ATTACHMENTS: Proposal from Barth Construction, Inc. Amended Work Order No. 1 APPROVED FOR AGENDA Indian River County Approved Date Administrator r� 49/9),1 �7 J FOR: May 19,2015 Legal A * s--, 3'S Budget \ 5 5 BY:, .. - . !\ lk e 41cmpfk Risk Alanagement • Jos: s h A. Baird Department County Administrator 221 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman BCC approved: Approved as to form and legal sufficiency: By- - Dylan Reingold, County Attorney 200 ATTEST: MARTIN COUNTY, FLORIDA BY: Clerk Chair, Board of County Commissioners (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C\USERSBUSHS\APPDATA\LOCAL\TEMP\MIMRETRAQ\STLUCIEEI{SILUCIE{LIQ\11COM\WOR[\ATTACHMENT .DOC% 201 ATTEST: OKEECHOBEE COUNTY, FLORIDA BY: Clerk Chair, Board of County Commissioners (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C\UgP51BU9ill1PPDATA\I.UCAL\TFM%MIMTRTRnQ\ST1.UC161¢SII.UCIE3LIQAf 1(',OM\M'ONI[\A'RA�MMEN'1�DOGX 202 ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair, Board of County Commissioners (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA BY: Clerk C.\USE0.t\BUSKS\AVYDATAuocAi1TFumilmmin.z.muCirrifmucarLIQMIGOM\WOR varAC1DAW1e.DDC% 203 `Q , Office Of Attorneys Matters 05119/15 INDIAN RIVER COUNTY \ LoRot' ATTORNEY I3 d Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Chris Mora, Public Works Direct. " , FROM: William K. DeBraal, Deputy County Attorney DATE: May 13, 2015 SUBJECT: Amended Agreement for Purchase and Sale of Real Estate at 4560 67th Avenue, Vero Beach, Randy and Linda Kurpil, Owners Randy and Linda Kurpil own a parcel of property on 66th Avenue north of 45th Street. The parcel abuts 67th Avenue on the west and 66th Avenue on the east. On May 4, 2010, the Board approved purchase of a 101' x 311' (0.74 acres) strip of property from the Kurpils to be used as right-of-way for the 66th Avenue Improvement Project. The property is zoned A-1, Agricultural with a density of up to one dwelling unit per five acres. The Kurpils own a 2,902 square foot concrete block single family home built in 2006. No building structures were on the portion purchased. The Kurpils agreed to sell the needed property to the County for $47,150.00. A September 2008 appraisal established the land value at $32,000.00 or $43,243 per acre with an additional $9,000 attributed to landscaping improvements, bringing the total appraised value to $41,000.00. The purchase price was determined by adding an additional 15% to the appraised value. At the time of the purchase, the Kurpils were represented by an attorney and an engineer. ;;.e; Co AO�ved Dale U;III r. rI•�� PROVED FOR !I q - /5- _e.n get RC.C. MEETING - REGULAR AGENDA ( eti�t. •V,V i4, k Mgr. -- COUNTY ATTORNEY- 204 Memorandum — Kurpil 66th Avenue Board of County Commissioners Page 12 The Kurpils contacted the County about a year ago concerning run off on their property which they attributed to the 66th Avenue Project. Numerous site visits were conducted by the County Engineer, County Project Engineers, County Construction Coordinators, the Contractor's Project Managers and the Contractor's subcontractors. Drafts of Amendments to the original Purchase Agreement were exchanged between the County and the Kurpils. The proposed amendments focused on five main areas: • Construction of a swale along the north property line and installation of an outfall pipe from the Kurpils' pond to the swale • Planting a buffer along the east side of the property • Installation of a fence along the east side of the property • Placement and grading of fill on the north side of the Kurpils' pond • Lease of the adjacent remainder pond parcel to the north of the Kurpils' property The above listed tasks would be done at the County's expense and the lease of the remainder pond parcel would be in consideration of further compensation to the Kurpils. Three different drafts of Amendments have been exchanged between the parties and to date, the parties have not been able to reach consensus on the various terms at issue. Attached as Exhibit A is the 3-13-2015 draft of the Amendment sent by the County to the Kurpils. Attached as Exhibit B is the 5-1-15 response received by the County from the Kurpils. The main differences are as follows: • Payment by the County to the Kurpils in the sum of $10,000 for the swale on the north property line. No compensation had been discussed in the previous two drafts. • Monitor the flow of water to the drainage grate on the neighboring property to the south so it will not back up on the Kurpil property. If it does, the County would go onto the neighboring property and attempt to remedy the problem together with performing more drainage work on the Kurpil property. This was not discussed in the two previous drafts. • Clean their pond of cattails. This was not discussed in the two previous drafts. • Grade and sod four dump trucks of fill around the north side of the Kurpils' pond. After meeting with the Kurpils, they had agreed to two loads of fill and the Kurpils would grade it themselves. • Plant 24 privet trees at least 16 feet wide on the County's property along the 66th Avenue frontage. This would seem to be excessive. If installed as the Kurpils wish, it would be a continuous line of trees 384 feet long when only 311 feet needs to be taken into account. Plus, this type of density would allow for no future growth laterally. • Plant 210 arbicolas along the 311 foot 66th Avenue frontage in a double hedge. A type "C" buffer does not contemplate a double row of bushes, only a single row. 205 Memorandum — Kurpil 66th Avenue Board of County Commissioners Page 13 Again, this seems excessive as 210 shrubs planted 36 inches on center would stretch for 630 feet. Again it seems as the planting is too close together to allow for any lateral growth. • The County purchased the five acre parcel adjacent and to the north of the Kurpils for use as a stormwater retention pond. The pond takes up roughly half of the five acre site leaving a few acres unused. The Kurpils claim they had a handshake agreement with the previous owners to graze their horses on what is now the remainder parcel. Staff was agreeable to lease the remainder parcel to the Kurpils with the condition that no equipment or structures other than fencing (approved in advance by the County) be permitted on the property. The lease term of the remainder pond parcel to the north was not assignable and originally set at 15 years with the County having the option to cancel the lease upon 90 days' notice. The Kurpils counter offered extending the lease term to 20 years and removed the clause concerning non-assignability. The Kurpils would have the lease terminated only if the County widens 66th Avenue to 6 lanes. The counter-offered lease removed a restriction of prohibiting structures or vehicles on the leased property and removed a statement that provided the lease was in consideration of further damages. STAFF RECOMMENDATION: After a year of negotiations, it is staff's opinion that any further discussion needs to have the Board's participation. At this point there are three options available to the parties: 1. Pay the Kurpils a lump sum of $10,000 to spend as they may choose for any or none of the improvements to their property, in full and final satisfaction of this matter. 2. Offer to perform the tasks spelled out in the County's offer to the Kurpils in the March 13. 2015 draft of the Amendment. 3. Fashion a combination of the two draft Amendments offered by each party and arrive at a final version agreeable to the Board and the Kurpils. Staff recommends the Board approve the first option and offer the Kurpils $10,000 in full and final compensation in this matter and authorize the Chairman to execute the settlement document on behalf of the Board. FUNDING: Funding for this acquisition is budgeted as part of the 66th Ave improvement project from SR 60 to 49th Street. Traffic Impact Fees/District II- Account # 10215241- 066120-06040 is the source of revenue. WKD c: Randy and Linda Kurpil 206 •A'4 Indian River County Emergency Services District Board of Commissioners 4225 43'Avenue Vero Beach,Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: Fire Station 1, 1500 Old Dixie Site Work, Preparation and Improvements Emergency Services District AMENDED WORK ORDER NO. 1 FOR DESIGN/BUILD AGREEMENT PHASE IV WITH Barth Construction, Inc. This Amended Work Order No. 1 adding additional services to Work Order No. 1 dated December 16, 2014, is in accordance with the existing DESIGN/BUILD AGREEMENT PHASE I dated December 6, 2012 between Barth Construction, Inc (Design/Builder) and Indian River County (County). This Amended Work Order No. 1 amends the agreement as follows: SECTION I — PROJECT LIMITS This Amended Work Order No. 1 adds additional tasks and services not included in Work Order No. 1 for the Design/Builder to perform in connection with design, programming, construction documents, civil engineering and related design for a temporary modular building. SECTION II -SCOPE OF SERVICES As agreed upon between Design/Builder and County, that the Design/Builder shall provide all engineering, architectural and construction services to complete all tasks as outlined in this Amended Work Order No. 1 specifically detailed in the attached proposal. The additional services include; • Additional schematic, design development services, based on the increased scope and scale of the proposed renovation $16,488.00 • Working drawings including a permit set of drawings based on the increased scope of proposed renovation $38,657.00 • Additional civil design services including a new design for the front driveway and the design of site plan for temporary modular housing while renovation and repairs are taking place $3,950.00 The amended proposals from the civil engineers, architect and Design/Builder are attached to this work order and incorporated herein. 222 IRCESD Work Order No. 1(amended) Barth Construction,Inc Fire Station 1 May 4,2015 Page 2 of 3 SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. The Design/Builder shall provide the County: a. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and Project No; survey notes/legend/abbreviation sheet and right-of-way plan view sheets. b. Work Product and digital versions are to prepared and submitted so that the County or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of the County. 2. The services shall be completed by the Design/Builder and delivered to the county by October 15, 2015. 3. SECTION IV—COMPENSATION The County agrees to pay, and the Design/Builder agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Amended Work Order No. 1, for a total amount of$59,095.00 + $58,232.00 = $117,327.00 Any additional services not described hereon shall be pre-approved by the County. All invoicing shall include itemized costs and materials expended to complete the Work. Payments shall be in accordance with the original Agreement dated December 6, 2012. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. 223 IRCESD Work Order No. 1(amended) Barth Construction,Inc Fire Station 1 May 4,2015 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 12th day of May, 2015. OWNER: DESIGN/BUILDER: BOARD OF COUNTY COMMISSIONERS BARTH CONSTRUCTION, INC INDIAN RIVER COUNTY, FLORIDA (Signature) 4937115(ignature) Wesley S. Davis, Chairman Jason Fykes Project Manager Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Witnessed by: Deputy Clerk (Signature) Approved as to Form and Legal Sufficiency: 60k)11/Li William K. DeBraal (Printed name) Deputy County Attorney � osep A. Bairdq . '73)---4--)4 / County Administrator 224 BARTH Construction,Inc. General Contractor CGC007847 April 2,2015 John King Indian River County Emergency Services 4225 43 rd Avenue Vero Beach,Florida,32960 Re: Station# I-Additional Services Mr.King, We are pleased to present to you our proposal for the Additional Services to the Programming,Design&Preconstruction for the Fire Station Renovation at the IRC Station#1 in the amount of$ The scope of this proposal includes the follow; • Additional Schematic,Design Development Services-based on the increase value of the proposed renovation $16,488.00 • Working Drawings-includes a permit set of drawings based on increased value of proposed renovation $38,657.00 • Additional Civil Design Services-includes the new design of the front drive,and the design of site plan for temporary living facility $3,950.00 Total $59,095.00 Thank you Jason Fykes J Barth Construction,Inc. 1717 Indian River Boulevard*Suite 202A* Vero Beach,Florida 32960 Phone: (772)778-3072*Fax: (772)770-3017 E-mail: info(ubarthconstruction.com*Internet: wwww.barthconstruction.com F:\Projects\IRC Fire Stations 2011\Station#1\Fire Station#1 Building Design&Precon Proposal-Additional Service 4.2.15.doc 225 AtiCIETFC:TS EDLUND • DRITENBAS • BINKLEY Ae = ARCHITECTS AND ASSOCIATES, A 65 Royal Palm Pointe, Ste D r Vero Beach, FL 32960 �"'" Ph: (772) 569-4320 Fax: (772) 569-9208 16 October 2014 (revised 30 March 2015) TO: Jason Fykes Barth Construction 1717 Indian River Blvd. Suite 202A Vero Beach,Florida 32960 . RE: Proposal for Part 1 Services on the Existing Facility SITE: Station#1: 1500 Old Dixie Highway, Vero Beach,FL 32960 Architect's Project#100114VB Dear Jason, In accordance with the Part 1 Agreement between Indian River County and Barth Construction acting as Design/Builder,and specifically Article 1.3,we are herewith submitting the following request for work authorization to provide Architectural Services to renovate the existing facility. A. Basic Services Our evaluation and documentation shall include the following: 1. Establish Programming and Scope data as necessary to achieve a complete description of work to be performed. See initial Programming/Scope description attached dated 16 October 2014. 2. Visit the project site,take digital photos,actual dimensions,and meet with the end-users to note all concerns regarding the building and site conditions. 3.. Research archival and electronic plans available as provided by the Owner and in the absence thereof,field visit the site and document current conditions in AutoCad format. 4. Provide Schematic Design and 100%Design Development Documents to depict and define areas of demolition,renovation,remodeling or new construction for the purposes of quantifying areas,volumes,structural systems, and basic mechanical/electrical infrastructures within the primary building.Provide an Outline Specification. These documents can be utilized by Barth Construction to determine the first estimate of construction costs. Page 1 of 3 ..._...._...._.:.._.:...._._. 226 5. Provide a review with the Owner and Design/Builder to discuss the functional and organizational relationships,project scope,functional requirements,first estimate of construction and project cost and to confirm the objectives for the project are being met. 6. Provide Construction Documents at 60%and 90% for review and approval by the Owner and construction pricing by Barth Construction. Construction Documents shall include drawings,specifications,and other documents and electronic data setting forth in detail the requirements for construction of the work. These documents will include normal structural,mechanical, and electrical engineering services. All Civil engineering Services for Design and Permitting of the Fire Sprinkler main line and backflow preventcr systems will be by others. 7. Provide 100%Construction documents for construction permitting and book form specifications. Construction documents will comply with the requirements of Article 3.2.3 of the Part 2 Agreement between Indian River County and Barth Construction acting as Design/Builder. B. Purpose Construction Administration Services which will be considered Part 2 of our services. C. Compensation to the Architect Compensation for the Part 1 Services defined in Article"A"shall be a fixed fee of $84,645.00,including Reimbursable Expenses. D. Invoicing Invoicing shall be every two weeks. The Architect realizes his compensation is contingent upon Barth Construction being in receipt of payment from hudian River County in accordance with the Master Agreement and the Florida Prompt Payment Act, F.S.218.70,however,EDB Architects requests that the agreement between Barth Construction and IRC be front loaded to allow compensation for the Design Team work performed in Part 1. PROGRAMMING/SCOPE DATA $2,500.00 SCHEMATIC DESIGN PHASE $19,328.00 DESIGN DEVELOPMENT PHASE $24,160.00 WORKING DRAWINGS PHASE $38,657.00 REIMBURSABLE EXPENSES Included PART 1 TOTAL FEES S84,645.00 Page 2 of 3 227 E. Schedule Scheduling and commencement of services shall be immediate due to the pressing needs of the District.Please initiate this copy and return to our office at your earliest convenience. Resp Sub I,'id, Barth Construction Agent: 41P�j Date: Paul U.Dritenba , ect A.I.A. Page 3 of 3 1 C:100114 VB.doc/paul [4Ee pIp d� 1 1 yr fE 228 ATTACHMENT "A" SUMMARY OF FEES FOR STATION#1 RENOVATION 1500 Old Dixie Highway Vero Beach,Florida 32960 CONSTRUCTION BUDGET S1,100,000.00 FEE STRUCTURE: PART 1 AGREEMENT PROGRAMMING/SCOPE DATA $2,500.00 SCHEMATIC DESIGN PHASE $19,328.00 DESIGN DEVELOPMENT PHASE $24,160.00 WORKING DRAWINGS PHASE $38,657.00 REIMBURSABLE EXPENSES Included PART I TOTAL $84,645.00 FEE STRUCTURE: PART 2 AGREEMENT CONSTRUCTION ADMINISTRATION PHASE $14,500.00 REIMBURSABLE EXPENSES Included PART 2 TOTAL FEES $14,500.00 TOTAL FEES INCLUDINGREIMBURSABLE EXPENSES $99,145.00 MODEL ENERGY CODE CALCULATIONS (if required) $400.00 Page 1 of 1 c:1001 14VB.doc/paul 229 STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES AE FEE CA... Page 1 01 2 f.: Fee Guide Calculator _ For Architectural and Engineering Services " Stale of Florida,Department of Management Services Version Posted:March 2015 Project Name: CONSTRUCTION COMPLEXITY GROUP-PERCENTAGE COST FOR BUILDING (Sitework Not A B C D E F G Included) $t1,100,000 U9.30% 8.53% {8.79% ' 7.77% jr-7-.02% 6.28% i9 44% 777 CALCULATED FEE 5102,261 $93,842 IIS96,642 I$85,521 1$77,231 - 11$69,025 —1$103,836 _I Instructions: Fill in probable construction cost at left and push enter key. GROUP DEFINITIONS: "A"-CONSIDERABLY MORE THAN AVERAGE COMPLEXITY:Complex Laboratories,Medical Hospitals "B"-MORE THAN AVERAGE COMPLEXITY:Average Laboratories,Mental Hospitals,Simple Medical Hospitals,Clinics,Court Houses,Theatres, Complex University Buildings,Special Purpose Classrooms,Laboratory Classrooms,Libraries,Auditoriums,Museums,Air Terminals,Food Service Facilities,Specialized Detention Areas,Detention-Treatment Areas,Residences,Emergency Management Centers "C"-REPAIRS AND RENOVATIONS:Miscellaneous Repairs and Renovations,Alterations to Office Space or Dormitory Space,Fire Code Corrective Work "D"-AVERAGE COMPLEXITY:General Office Space,General Teaching Space,Gymnasiums,General Detention Living Facilities,Factory Buildings "E"-LESS THAN AVERAGE COMPLEXITY:Apartment Buildings,Dormitory Buildings,Service Garages,Stadiums,Repetitive Design Facilities, Office Buildings With Undefined Interior Space(open for later partitioning),Specialized Parking Structures "F"-CONSIDERABLY LESS THAN AVERAGE COMPLEXITY:Warehouses,Parking Garages,Storage Facilities "G"-BUILDING ENGINEERING SERVICES:Mechanical,Electrical and Structural not exceeding$1,000,000 in construction(Not including Site Civill ADDITIONAL SERVICES&EXPENSES: The following services are considered Additional to Basic Services and are not included within the basic fee represented by the fee guides: -Feasibility Studies!Analysis -LEED Consultation -Facility Programming -Graphic and Signage Design -Master Planning -Special Code Reviews including ACHA -Soils Investigations/Reports -Detailed Cost Estimates -Surveys-Topographic/Boundary -Documents Prepared For: Vegetation/lmprovements/Ulilities • -Alternate Bids Exceeding Contract Scope -Measured Drawings of Existing Facilities -Excessive Change Orders -Existing Facilities Analysis -Multiple Construction Contracts -Toxic Substance Mitigation Surveys and Consultation -Record Documents/As Builts -Site Environmental Assessments -Prolonged Construction Contract Administration Services -Site DRI,PUD,Site Plan Review and/or Zoning Modifications -Structural Threshold Inspections -Traffic Analysis and Traffic Signal Warrant Studies -Project Representation During -Civil Engineering Design including Construction Beyond Bi-Monthly Administration Paving/Grading/Utilities IDrainage!Stormwater ManagemenUEnvironmental&All Site -Additional Construction Contract Permitting Administration Services for Multiple Contracts -Existing Site Utility Infrastructure Improvements •Building Commissioning and Training Services -Site Lighting Design -Post Occupancy Inspections/Evaluations -Landscape Architectural&Irrigation Design -Renderings!Models -Specialty Consultants -Substantive Changes to Scope,Size or Complexity Voice/Data Communications;Electronic/Audio -Owner Requested Changes to Approved Documents Visual;Food Service Equipment;Hazardous -Reimbursable Expenses' Material;Hospital/Laboratory;Interior Design;Indoor Including,but not limited to,reproduction/printing costs, Air Quality;tQuality Control;Theater/Acoustical; travel expenses and special mail service expenses -Life Cyc�e Cost(ROI)and/or Federal DOE Energy Analysis https://fp.state.fl.us/docs/DMSAEFeeGuideCalculate.asp 3/27/2015 230 CAR'IER ASSOCIATES,CIA'I'ES, NC. CONSUMING ENGINEERS AND LAND StilAVEMiag 1708 21s1 STRE1 T•VERO BEACH,FLORIDA:I1ile1•3d72•712-A2-119 •772•5N2..JVal WAX) JOHN II.BL.UM,P.E.,PRINCII'AL FIIANI:S.CUCCURI35Ii,P. NI. DAVID E.LUETIIJE,P.S.M.,PRINCIPAL CI IN ION).RAI I1ES,I',F. GEORGE A.SIMONS,P.IL,PRINCIPAL. :;ICVIL 11.SNUHI:I1GLU,I'.L PATRICK S.WALTHEIR,N.E.,PRINCIPAL IIENIAMIN I).SI'NI:t),P.F. MARVIN H.CARTER,P.S.M.,ConsuIIut1 to the pion DEAN F.(.UI I•II)E,I'.P;,dt.ux,Consultant to thn flim March 27,2015 Mr.Jason Fykes Barth Construction,Inc. 1717 Indian River Blvd Suite 202A Vero Beach,Florida 32960 RE: Civil Engineering Services Agreement IRC Fire Station#1 (Old Dixie Highway) Addendum#1-Site Plan for Temporary Housing Widening of Driveway onto Old Dixie Highway Dear Jason: We are pleased to present this proposed agreement to provide civil engineering services relative to the above referenced project. The following describes our proposed scope of work and terms of agreement between Carter Associates,Inc.(CAI)and Barth Construction,In. (CLIENT): CAI services will include the following: • Prepare a dimensional site plan showing the location of the temporary trailer meeting the • requirements of the City of Vero Beach with associated site data. • Depict utility connections for water, sewer,and electric. • Prepare applications and submit to City of Vero Beach for Minor Site Plan approval. IP Design widening of driveway onto Old Dixie Highway to accommodate existing fire and Medical service vehicles. • Submit right-of-way permit to Indian River County for driveway modifications. The above referenced tasks can be performed not to exceed the estimated amount of $3,960.00. If additional services are required outside this scope, then separate authorization will be required. Assumptions CAI represents to the CLIENT that in developing this Scope of Work, assumptions have been made,and that deviation from assumptions identified within this proposal may require additional Cl -l�SCI�TIt��I_Iolicl;l N:UHBIPROPOSALVBaIIh-FlreSlallont-Addendum.doc Page 1 of 3 I Sou:1911 ©2014 by CAI 231 expenditures on behalf of the CLIENT to CAI. Assumptions, not already mentioned herein, are as follows: 1. Engineering proposal is based upon no request for zoning change, land use change, planned development exceptions,or variances. 2. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of the OWNER. 3. Construction staking-and as-built surveys are not included with this proposal. General CAI will generally bill the CLIENTmonthly on approximately the 10111 day of each month for the previous month's charges. All tasks will be billed on a percentage complete/lump sum basis,plus direct expenses (See attached Rate Schedule). Should)-additional services be required, a separate written agreement will be prepared and fees shall be negotiated based on the attached Rate Schedule. • Should you have any questions regarding our proposal scope of work or terms of agreement, please feel free to call ine. .If you would like us to proceed with the work described herein,please sign below and return an original signed copy-which will serve as our notice to proceed. Sincerely, Agreed to and Accepted: CAI .TER ASSOCIATES,INC. By: ti Print Name: c„--John H.Blum, P.E. Address: Principal f SeiV 1jt 17orida _Az 1.\.p.Since 1911 N:UHBtPROPOSALIBarih-FIreStaUont Addendum doc Pogo 2 of 3 02014 by CAI 232 CARTER ASSOCIATES,INC. MARCH 2015 RATE SCHEDULE Engineer I(Registered -Principal) $150.00/hr Engineer(Registered-Senior Consultant) $140.00/hr. Engineer I(Registered) $140.00/hr. Engineer II(Registered) $125.00/hr. Engineer III -EIT $100.00/hr. Engineer Technician(Senior) $105.00/hr. Engineer Technician $ 85.00/hr. Surveyor I(Registered-Principal) $150.00/hr. Surveyor(Registered-Senior Consultant) $140.00/hr. Surveyor II(Registered) $125.00/hr. Surveyor.III(Registered) $100.00/hr. Survey Crew(4 Men) $143.00/hr. Survey Crew(3 Men) $130.00/hr. • Survey Crew(2 Men) $120.00/hr. • GPS RTK Survey Crew(3 Men) $150.00/hr. GPS RTK Survey Crew(2 Men) $135.00/hr. CADD Technician I $ 80.00/hr. CADD Technician II $ 70.00/hr. Secretary/Word Processor $ 45.00/hr. Inspector $ 62.00/hr. Recording and Permit Fees Cost+ 10% Materials Cost Mileage $0.505/mile Sub-consultants Cost+ 10% Reimbursable Expenses: Postage,Long Distance Calls, Federal Express,etc. Cost Blueprints $0.25/S.F. Mylar $1.75/S.F. Photocopy(8.5"x 11") $0.15/ea. • Photocopy(8.5"x 14") $0.25/ea. Photocopy(11"a 17") $0.35/ea. These fees shall be renegotiated on an annual basis 4.1N:UHBIPROPOSA0Barth-FireSlalion1-Addendum.doc Page 3 of 3 • 4 ,1 Sim:191 02014 by CAI 233 ev_gLi(;,\\ INDIAN RIVER COUNTY1V1 Rr, �' SOLID WASTE DISPOSAL �'' ,) DISTRICT � '� -�; '2oRn/ BOARD MEMORANDUM �t� ' Date: May 11, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District-, Ur. Subject: Recycling Update for the Town of Indian River Shores DESCRIPTIONS AND CONDITIONS: On April 21, 2015, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Solid Waste and Recyclables Collection Franchise Agreement to Waste Management, Inc. of Florida commencing on October 1, 2015. The recycling franchise area, as included in the procurement process, included all residential improved properties in Unincorporated IRC as well as the five municipalities of the City of Sebastian, the City of Fellsmere, the City of Vero Beach, the Town of Orchid and the Town of Indian River Shores. At the April 21, 2015 meeting, Mr. Robert H. Stabe Jr., the Town Manager for the Town of Indian River Shores (Town of IRS) expressed that they have a current franchise agreement with Republic Services for both solid waste and recycling services that expires on December 31, 2017. Therefore, he requested some additional time to meet with Republic Services and provide us an update before April 30, 2015. On April 29, 2015, Mr. Stabe submitted the attached letter indicating the following: 1. Republic Services will continue to provide recycling services to the Town of IRS, including back-door service, at no increased costs to the Town of IRS. 2. Republic Services will collect the recyclables in a single stream manner (albeit using the blue bins) and will bring all of the residential recyclables to the Indian River County recycling facility. 3. Both the Town of IRS and Republic Services recognize that Republic Services will not be paid by the SWDD for providing recycling services to the Town of IRS. 4. The Town of IRS recognizes that their residents will see an increase in their annual assessment as a result of the single stream recycling program implemented by SWDD through the IRC Property Appraiser's office. SWDD Agenda-Recycling Update for the Town of Indian River Shores Page 1 of 2 234 5. The Town of IRS wishes to remain part of the SWDD; however, recognizes that the Inter- Local Agreement between the SWDD and the Town of IRS needs to be revised. ANALYSIS: The Board should consider the following options: 1. Wait for the Town of Indian River Shores to meet on Thursday, May 21, 2015 whereby the Town Council will meet to decide on how to proceed with the current Interlocal Agreement (ILA) with the County. 2. Direct SWDD staff to work with the County Attorney and the Town to modify the current ILA to allow Republic Services to continue to provide recycling services to the Town through the end of 2017. What has become apparent during this process is that the ILA's with the municipalities, in effect since 1993, are outdated and contain language that makes the possibility of long term commitments from the municipalities difficult due to a very short term termination clause. If the Shores' ILA will need to be modified due to the recycling aspect for the Town, then all the municipality ILA's should also be modified to address the short term termination language and updated to reflect the current recycling goals set forth by the State of Florida. This aspect is key to solidify the partnerships with the municipalities as we work together to create a cohesive recycling program that will allow us to reach 75% recycling by the year 2020. RECOMMENDATION: Staff is requesting direction from the SWDD Board on this matter. ATTACHMENT: April 29, 2015 Letter from Mr. Robert Stabe, Town Manager of Indian River Shores APPROVED FOR AGENDA: Indian River co. • • roved Date BY , 4.3J1✓ Administration is it32111/ I 1 ,5 Josep A. Baird, County Administrator Legal ? t/ F : / ! :4J$ Budget S D e / SWDD 4) 51 Ij SWDD-Finance SWDD Agenda-Recycling Update for the Town of Indian River Shores Page 2 of 2 235 MAYOR 4ssv' BRIAN M.BAREFOOT 1TOWN MANAGER r * ROBERT H.STABS JR. VICE MAYOR • TOWN CLERK GERARD A.WEICK LAURA ALDRICH COUNCIL: ! TOWN ATTORNEY RICHARD M.HAVERLAND THOMAS F.SLATER CHESTER CLEM MICHAELB.00HSNER INDIAN RIVER SHORES FLORIDA 6001 North A1A, Indian River Shores, FL 32963 (772)231-1771 FAX(772)231-4348 Joe Baird, Administrator April 29, 2015 Indian River County 1801 27th Street Vero Beach, FL. 32960-3365 Dear Mr. Baird, I met with representatives of Republic Services this morning and wanted to provide you with a quick response as promised. Republic Services stated that they wish to continue to honor their binding contract(Franchise Agreement) with the Town. They proposed to continue to provide both solid waste and recycling services, including back-door service, as they have for many years. They have agreed to continue these services at no increased costs to the Town or its residents and all recyclables will continue to be brought to the Indian River County recycling facility. The only change will take effect on October 1, 2015 when our residents will no longer be required to separate their recycling items and will change to a single stream recycling pick-up. It is both the Town and Republic Services understanding that the County's position is that you will be unable to pay Republic Services the recycling fee, set to increase to $2.55 per month, beginning October 1, 2015. It is also the Town's desire to remain an active participant in the Inter-Local Agreement, although it needs to be revised. I apologize if this issue has caused any difficulties for you or your staff. However, it is my opinion that our ongoing relationship with Republic Services is truly in the best interest of our residents. The Town will continue its commitment to actively support the overall recycling efforts of the County regardless of who provides this service to the Town in the future. Best Regards, Robert H. Stabe Jr., Town Manager cc;Wesley Davis,Commission Chairman Himanshu Mehta Vincent Burke Dylan Reingold Chester Clem 236 15S3 %g1Vj o\ INDIAN RIVER COUNTY 0\ � �,~'<��� SOLID WASTE DISPOSAL DISTRICT °' ` ,!2oRio� BOARD MEMORANDUM >s,. _v Date: May 8, 2015 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District . Subject: Work Order CCNA-2014 WO No. 2 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and SWDD are proactively taking efforts to remediate the site. In correspondence from the FDEP project manager to IRC SWDD dated February 26, 2014, FDEP approved reduced semi-annual reporting requirements. In correspondence dated March 18, 2015 to IRC SWDD, FDEP approved the previous document prepared by Geosyntec for ongoing FDEP- required activities at the site and requiring submittal of the next semi-annual groundwater monitoring report no later than August 31, 2015 (to document results of the summer 2015 semi- annual sampling event including in the attached work order request). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Accordingly, staff requested the attached proposal from Geosyntec to provide groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation. ANALYSIS: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network, as well as annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of five main tasks as follows: Task Description Budget Task 1:Project Management $6,075 Task 2:Meetings/Regulatory Interaction $5,249 Task 3:Annual Pollution Remediation Liabilities Evaluation $3,712 Task 4:Semi-Annual Sampling Activities $57,025 Task 5:Data Evaluation and Semi-Annual Reporting $20,415 Total $92,476 Task 1 includes project planning and management responsibilities. Task 2 includes meeting 237 SWDD Agenda-Geosyntec Work Order CCNA-2014 No.2-Former South Gifford Road Landfill GW Sampling Reporting Page—1— attendance and interaction with regulatory agencies. Task 3 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 4 includes field preparation, groundwater sampling, and water level measurements (for a total of 88 wells). Task 5 includes data evaluation and semi-annual reporting. Comparatively, the sampling and reporting portion of the current work order is less the previous level of effort provided by Geosyntec. Based on recommendations in previous reports by Geosyntec, FDEP has approved a simplified approach to the semi-annual groundwater monitoring report, resulting in more than a 20% decrease in the budget for Task 4 (data evaluation and reporting). In addition, this work order budget request for Task 2 (meetings/regulatory interaction) is 40% less than the previous year. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. ACCOUNT NO.: Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 31521734-033490-03004 $92,476 RECOMMENDATION: Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the attached CCNA-2014 WO No. 2 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of$92,476. ATTACHMENT: Geosyntec CCNA-2014 WO No. 2 APPROVED FOR AGENDA: By: cap,p pf j /0. 6:30.)-d Josey, A. Baird, County Administrator r: /49i C 223 Indian River Co. Approved Date Da Administration fmsri5 Legal a yy�r / Budget SWDD ,`ij 4111c SWDD-Finance (-,hy SWDD 238 Agenda-Geosyntec Work Order CCNA-2014 No.2-Former South Gifford Road Landfill GW Sampling Reporting Page—2— WORK ORDER NUMBER 2 South Gifford Road Landfill This Work Order Number is entered into as of this day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Geosyntec Consultants, Inc. OF INDIAN RIVER COUNTY �j By: 1 it '"' "' By: - �,� Wesley Davis , Chairman Title: Principal BCC Approved Date: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: 01 a, . ad � oseph . :air•, County Admi istrator Approved as to form and legal sufficiency: [�y n T. Reingold, County Attorney 239 EXHIBIT 1 PROFESSIONAL SERVICES engineers I scientists I innovators 240 Geosyntect 6770 South Washington Avenue,Suite 3 Titusville,Florida 32780 PH 321 269 5880 consultants FAX 32 1269.5813 www.geosyntec.com 8 May 2015 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach,Indian River County,Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD)to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, as well as related consulting services to prepare an annual pollution liabilities evaluation report for identified IRC-owned environmental liabilities, and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit 1) as Work Order No. CCNA-2014 WO No. 2 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. XR 15143\XR 15021 engineers I scientists I innovators 241 Mr. Himanshu H. Mehta, P.E. Geosyntec D 8 May 2015 consultants Page 2 The on-Site IP&T system was installed to provide hydraulic containment of the high concentration area of the dissolved groundwater plume in December 2002. A Remedial Action Plan (RAP) was developed in July 2003, concurrent with the groundwater monitoring activities and IP&T system operation. The RAP outlined a proposed remedy for the VOC-impacted area of the Site, including (but not limited to), expansion of the existing IP&T system and construction of an infiltration gallery for effluent re-injection, which was completed in 2004. The infiltration gallery was retrofitted in 2008, in accordance with design specifications described in the May 2007 RAP Modification document, and is currently being used as part of the biobarrier transect 1 at the Site. The FDEP approved discontinuing the use of the IP&T system in a letter dated 2 August 2006, provided the system shutdown coincided with the approval and implementation of a Remedial Action Plan Modification (RAPM). A RAPM was submitted in May 2007 and approved by FDEP in August 2007. Geosyntec discontinued IP&T system operation and implemented the RAPM activities in April through June 2008. In July 2014, after approval by FDEP, Geosyntec dismantled the IP&T system and transported the waste off-site for proper disposal. In response to the recommendation by Geosyntec, FDEP approved use of a simplified semi-annual report format in the future in email correspondence dated 26 September 2014. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 —Project Management; • Task 2—Meetings/Regulatory Interaction; • Task 3 —Annual Pollution Remediation Liabilities Evaluation; • Task 4—Semi-Annual Sampling Activities; and • Task 5 —Data Evaluation and Semi-Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. Task 1 — Project Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes two hours per month for the project manager over a 12-month project duration and one hour per sampling/field event has been included for the principal-in-charge. XR15143\XR1502I engineers I scientists I innovators 242 Mr. Himanshu H. Mehta, P.E. Geosyntec 8 May 2015 consultants Page 3 Task 2 — Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting with be attended by conference call. Also, under this task, four hours has been included for the project manager to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Task 3—Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of up to five sites, including, at a minimum, South Gifford Road Closed Landfill (4701 41' Street), Old Administration Building (1840 25th Street), and North County Reverse Osmosis Plant(7751 58t"Avenue). Task 4—Semi-Annual Sampling Activities: Under this task, Geosyntec will perform 2015 field activities related to the plume groundwater monitoring. The field activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers and notifying FDEP and Vero Beach Municipal Airport of the field schedule. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring wells. Sampling activities will be completed with a combination of PDB samplers and traditional low-flow sampling techniques. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. This effort is anticipated to be completed by two people within one day during each of the semi-annual sampling events to save an additional mobilization (e.g. the PDBs to be sampled during the winter 2015 sampling event will be deployed during the summer 2015 event after sampling activities are completed). Groundwater sampling activities will be executed using a two-person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPs). The proposed annual field event will be conducted in summer 2015 (tentatively in June) and will include sampling of 57 monitoring wells (46 wells using PDBs and 11 wells with traditional sampling techniques). The annual field event is budgeted to include four days for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of five field days). The proposed semi-annual field event will be conducted in winter 2015 (tentatively XR15143\XR15021 engineers I scientists 1 innovators 243 Mr. Himanshu H. Mehta, P.E. Geosyntec 8 May 2015 consultants Page 4 in December) and will include sampling of 28 monitoring wells (25 wells using PDBs and 3 wells with traditional sampling techniques). The semi-annual field event is budgeted to include two days for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of three days). Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation of the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the December 2014 Semi-Annual Groundwater Monitoring Report. Geosyntec will conduct a complete round of groundwater level measurements coincident with each semi-annual groundwater sampling event (budgeted for one day with two-person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01-ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells(assumed up to 88 wells per event). It is anticipated that purge water (investigation-derived waste [IDWJ) will be containerized in 55-gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for two 55-gallon polyethylene drums and two transport trips. Overall, budget has been included for ten field days with a two-person team (i.e., 20 man days) and associated field expenses for sampling, plus two days for 1DW management. Task 5 — Data Evaluation and Semi-Annual Reporting: Under this task, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of one semi- annual report(simplified format)and one annual report for submittal to FDEP. The annual report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. This report will be prepared following the June groundwater sampling event. The annual report will be supported by attachments containing Chain-of-Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, and any other applicable materials. The semi-annual report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the semi-annual report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report will be prepared following the December groundwater sampling event. XR15143\XR15021 engineers I scientists I innovators 244 Mr. Himanshu H. Mehta, P.E. Geosyntec 8 May 2015 consultants Page 5 The draft annual and semi-annual reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final semi-annual report will be signed and sealed by a Florida registered professional engineer or geologist. In addition, budget has been included to update the electronic database that is maintained for the Site. The current database contains over 15 years of data from site assessment, remediation, and redevelopment activities and the format is antiquated. Geosyntec proposes to migrate the database to a new Database Management System (DMS). By managing the data in this manner, the reporting effort related to table and figure preparation will be significantly more efficient and will provide long-term cost savings. SCHEDULE Geosyntec will conduct the groundwater monitoring and reporting activities on a semi-annual basis as described herein. The semi-annual groundwater monitoring events will be tentatively conducted in June and December 2015. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 5 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 —Project Management $6,075 Task 2—Meetings/Regulatory Interaction $5,249 Task 3—Annual Pollution Remediation Liabilities Evaluation $3312 Task 4—Semi-Annual Sampling Activities $57,025 Task 5—Data Evaluation and Semi-Annual Reporting $20,415 TOTAL $92,476 XR 15143\XR 15021 engineers I scientists I innovators 245 Mr. Himanshu H. Mehta,P.E. Geosyntecc" 8 May 2015 consultants Page 6 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, vit.„ IA)) hill W.Johnson, P.G. Senior Hydrogeologist Elaina J. Modlin, P.E. Associate Attachments XR15143\XRI5021 crwitl('t'1 S •,`, :li'I111tiL,: I innovators 246 ATTACHMENT A BUDGET ESTIMATE engineers I scientists I innovators 247 Table 1 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 1:Project Management ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $219 2 $438 Senior Project Geologist hr $182 26 $4.732 Subtotal Professional Services $5,170 B. Technical/Administrative Services Administrative Assistant hr $91 8 $728 Subtotal Technical/Administrative Services $728 C. Reimbursables Communications Fee 3%labor 0.03 5,898 $177 Subtotal Reimbursables $177 TOTAL ESTIMATED BUDGET:PHASE 1 $6,075 XRI5021 Geosyntec Consultants 248 Table 2 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 2: Meetings/Regulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Project Geologist hr 5182 18 53.276 Engineer hr $130 14 $1.820 Subtotal Professional Services $5,096 C. Reimbursables Communications Fee 3%labor 0.03 5,096 $153 Subtotal Reimbursables $153 TOTAL ESTIMATED BUDGET:PHASE 2 $5,249 XRI5021 Geusvntec Consultants 249 Table 3 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 3:Annual Pollution Remediation Liabilities Evaluation ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $219 4 $876 Senior Project Geologist hr $182 0 $0 Senior Staff Engineer hr $115 16 $1.840 Subtotal Professional Services $2,716 B. Technical/Administrative Services Designer/GIS hr $133 2 $266 Administrative Assistant hr $91 6 $546 Subtotal Technical/Administrative Services S812 C. Reimbursables Communications Fee 3%labor 0.03 3,528 $106 CADD Computer System hr $15 2 $30 8.5"x I I"Photocopies each $0.12 400 $48 Subtotal Reimbursables $184 TOTAL ESTIMATED BUDGET:PHASE 4 $3,712 XR 15021 Gensvmcc Consultants 250 Table 4 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 4: Semi-Annual Sampling Activities ITEM BASISRATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Project Geologist hr $182 4 $728 Geologist hr $130 24 $3,120 Senior Staff Geologist hr $115 132 $15,180 Subtotal Professional Services $19,028 B. Technical/Administrative Services Field Superintendent hr $115 144 $16,560 Administrative Assistant hr $91 2 $182 Subtotal Technical/Administrative Service $16,742 C. Subcontractors Laboratory Analysis for VOCs each $73 87 $6,330 Laboratory Analysis for TOC each $27 3 $80 Laboratory Analysis for Dissolved Gases each $64 5 $321 Laboratory Analysis for Dhc each $305 2 $610 Laboratory Analysis for verA each $144 2 $289 Subtotal Subcontractor Services $7,630 D. Reimbursables PDBs quote $2,235 I $2,235 PDBs Reusable Supplies/Shipping LS $127 I $127 Drums each $50 2 $100 Drum Transport each $963 2 $1,926 Lodging day $101 18 $1,818 Per Diem day $51 18 $918 Communications Fee 3%labor 0.03 $35,770 $1,073 Field Vehicle day $97 20 $1,940 8.5"x1I"Photocopies each $0.12 160 $19 Overnight Cooler each $95 2 $190 Groundwater Sampling Kit day $275 10 $2,750 Water Level Measurement Kit(2 person team) day $55 4 $220 PDB Deployment Kit day $100 2 $200 Equipment Shipping each $54 2 $108 Subtotal Reimbursables $13,624 TOTAL ESTIMATED BUDGET: PHASE 4 $57,025 Notes. 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area twww.gsa.govt. 2. Groundwater Sampling Kit includes two sets of the following:water level indicator,peristaltic pump,water quality meter(pH, temperature,conductivity,dissolved oxygen,and oxidation reduction potential),turbidity meter, tubing,and miscellaneous field supplie 3.Water Level Measurement Kit includes:water level indicator and miscellaneous field supplies. 4.PDB Deployment Kit includes:miscellaneous field supplies necessary to suspend and deploy PDBs. XR 15021 Geosyntec Consultants 251 Table 5 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 5: Data Evaluation and Semi-Annual Reporting ITEM BASIS RATE QUANTITY ESTIMATED BUDGET IA. Professional Services Principal hr $219 2 $438 Senior Project Geologist hr $182 12 $2.184 Geologist hr $130 30 $3,900 Senior Staff Geologist hr $115 70 $8,050 Subtotal Professional Services $14,572 B. Technical/Administrative Services _ Designer/GIS hr $133 24 $3,192 Technical/Administrative Assistant hr $91 12 $1,092 Subtotal Technical/Administrative Services $4,284 C. Reimbursables Communications Fee 3%labor 0.03 $18,856 $566 CADD Computer System hr $15 48 $720 8.5"x11"Photocopies each $0.12 1.080 $130 CADD Photocopies each $3 48 $144 Subtotal Reimbursables $1,559 TOTAL ESTIMATED BUDGET:PHASE 5 $20,415 Xlt I St21 Geosyntec Consultants 252 / �vcoG� INDIAN RIVER COUNTY _R .'_ k ( I orf SOLID WASTE DISPOSAL DISTRICT to\tloRipi/ BOARD MEMORANDUM ��r= _i-��� Date: May 11, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 1 Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District'Wilk• Subject: Amendment No. 1 to Work Order No. 10 to Geosyntec for Continuation of Brownfield Assessment Work for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners authorized the submittal of an application for a brownfields site assessment grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill).The entire Gifford Landfill covers approximately 115 acres with the front 55 acres owned by Indian River County and the remaining 60 acres owned by the City of Vero Beach. TCRPC received a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant and utilized their consultant Geosyntec to perform brownfield assessment activities for the front 30 acres of the County owned portion of the Gifford Landfill. This initial work was completed and a final report titled "Brownfields Site Assessment South Gifford Road Landfill" was issued in June 2014. On August 19, 2014, the Solid Waste Disposal District (SWDD) Board issued Work Order No. 10 in the amount of$81,079 to Geosyntec to perform brownfield assessment activities for the remaining 25 acres of the County-owned portion of the South Gifford Road Landfill. Overall, the goal of these assessment activities was to focus on site conditions that could potentially impact the health and safety of the community and to support evaluation of this site for public use. The specific scope of work for these assessment activities included identifying chemicals in shallow soil above state regulatory guidance, evaluating the presence of soil cover over landfill waste, and assessing the presence and composition of soil gas beneath ground surface. A primary element of any redevelopment consideration is community input. Therefore, on July 7, 2014 and March 2, 2015, staff and representatives from Geosyntec attended Gifford Progressive Civic League meetings and presented the findings of the redevelopment assessment activities, answered questions and listened to community concerns. An overall summary of the assessment activities that occurred from March 2014 through January 2015 was presented to the Indian River County Board of County Commissioners on March 3, 2015. In addition to providing the update, the purpose of the presentation was to obtain Board direction SWDD Agenda-Geosyntec Amendment 1 to WO No 10 Site Redevelopment for Gifford Road Landfill Page 1 of 2 253 on the redevelopment for the site. As a result, the Board authorized staff to meet with the Florida Department of Environmental Protection (FDEP) and TCRPC to discuss the permitting requirements and funding opportunities for moving forward with site redevelopment planning and engineering, and approved the continued efforts to get community input and support for redevelopment planning. In order to complete the activities authorized by the Board on March 3, 2015, staff requested the attached amendment to Work Order No. 10 from Geosyntec to prepare for and meet with FDEP and TCRPC to discuss permitting requirements, funding opportunities, and next steps toward site redevelopment. ANALYSIS: Geosyntec's proposal includes amendment to the Meetings/Regulatory Negotiation task of Work Order No. 10. Geosyntec's proposal consists of budget for preparation and attendance at two meetings for a total budget request of$4,971. FUNDING: The funding for assessment activities are available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. However, future funding may be available from the TCRPC for additional assessment work, but the exact amount or timeframe is unknown at this time. ACCOUNT NO.: Description Account Number Amount One Cent Sales Tax Fund —Assessment Related 31521734-033490-03004 $4,971 RECOMMENDATION: Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the attached Amendment No. 1 to Work Order No. 10 authorizing Geosyntec to support IRC SWDD at two meetings for the Former Gifford Road Landfill to further the site redevelopment planning for the Site at a cost not to exceed fee of$4,971. ATTACHMENT: Geosyntec Amendment No. 1 to Work Order No. 10 APPROVED FOR AGENDA://''�� (` ./ � ,,1� Indian River Co. Approved Date By: Q., ri//1 CL1J1 Administration ..� .ii• /,5- Jose A. Baird, County Administrator Legal • I I F, ,177 /9 9i.� Budget / '� I `J DaSWDD .,, ., ic SWDD-Finance ,( CAM._ -5---It-45 SWDD Agenda-Geosyntec Amendment 1 to WO No 10 Site Redevelopment for Gifford Road Landfill Page 2 of 2 254 AMENDMENT NUMBER 1 WORK ORDER NUMBER 10 South Gifford Road Landfill This Amendment 1 to Work Order Number 10 is entered into as of this day of , 2015 pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4`h day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY")and Geosyntec Consultants, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10, Effective Date August 19, 2014. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Geosyntec Consultants, Inc. OF INDIAN RIVER COUNTY dll By: 1 ON i . • By: Title: Principal Wesley S. Davis, Chairman BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Qo,n P J, Joseph A Baird, ounty Administrator Approved as to form and legal sufficienc l�— Dylan T. Reingold,County Attorney 255 EXHIBIT 1 PROFESSIONAL SERVICES engineers I scientists I innovators 256 Geosyntec 1> 6770 South Washington Avenue,Suite 3 Titusville,Florida 32780 PH 321 269.5880 consultants FAX 321.269.5813 www.geosyntec.com 5 May 2015 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach,Florida 32968 Subject: Proposal for Site Redevelopment-Related Activities Former South Gifford Road Landfill Vero Beach,Indian River County,Florida Dear Mr. Mehta: Geosyntec Consultants(Geosyntec)is pleased to submit this proposal to the Indian River County(IRC) Solid Waste Disposal District (SWDD) to provide professional services associated with the ongoing redevelopment evaluation of the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida(Site). The scope is intended to expand and build on the preliminary activities completed through the Treasure Coast Regional Planning Council (TCRPC) under the United States Environmental Protection Agency(USEPA)Brownfields Coalition Assessment Grant.Geosyntec has prepared this proposal(professional services as Exhibit 1)as Amendment No. 1 to existing Work Order No. 10 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec.The remainder of this letter provides an overview of the project background,a description of the proposed scope of work,a budget estimate,and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND Geosyntec conducted brownfields site assessment activities for the Site in March through June 2014. TCRPC funded these activities with a USEPA Brownfields Coalition Assessment Grant for evaluation of eligible properties within areas that may ultimately be designated for brownfields redevelopment. The overall former landfill property is a 115-acre former trench-and-fill landfill.The northern portion (approximately 55 acres) of the property is owned by Indian River County (IRC) and the southern portion (approximately 60 acres) is owned by the City of Vero Beach. The 30 acres adjacent to 41' Street within the IRC-owned portion of the Site were identified by TCRPC for potential brownfields redevelopment to provide enhancement to the surrounding Vero Beach community,and therefore;the preliminary assessment activities were focused on this area. IRC funded additional assessment activities based on the initial results to further the evaluation of the Site for future redevelopment/reuse purposes.The additional assessment activities were authorized by IRC under Work Order No. 10 dated 19 August 2014. The results of these activities were presented to the IRC Board of County Commissioners(BCC)on 3 March 2015. At that time,IRC BCC authorized IRC SWDD to meet with XR15143\XR15022 engineers I scientists I innovators 257 Mr. Himanshu H. Mehta, P.E. 11 May 2015 Page 2 the Florida Department of Environmental Protection (FDEP) and TCRPC to discuss the permitting requirements and funding opportunities for site redevelopment. PROPOSED SCOPE OF WORK AND SCHEDULE As requested by IRC, this change order consists of preparation for, and attendance at, meetings with: (i) FDEP Southeast District personnel to discuss the completed assessment activities and results, permitting requirements related to potential site redevelopment options, and additional requirements or limitations related to moving forward with the potential site redevelopment options;and(ii)TCRPC to discuss potential future funding opportunities for site redevelopment-related activities at the Site. As discussed with IRC during a 13 April 2015 conference call, no final decisions have been made by the IRC BCC regarding site redevelopment; however,the IRC BCC authorized IRC SWDD to move forward with discussing the project with FDEP and TCRPC. We anticipate that Jill Johnson, PG (Geosyntec project manager)will attend the meetings in person.In addition,Chris Saranko(Geosyntec toxicologist)will attend the FDEP meeting via conference call.Geosyntec will move forward with the scope outlined herein upon authorization of this change order. We estimate completion of this work scope within approximately six weeks of receipt of notice to proceed. BUDGET ESTIMATE The budget estimate for the scope of work outlined in this change order is$4,971 and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with similar activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached change order, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, 1/0)&1k-rkj(;* -- J(11 Johnson,P.G. Senior Hydro ologist a dra Weeks,P.E. Principal Attachments XR15143\XR15022 engineers I scientists I innovators 258 ATTACHMENT A BUDGET ESTIMATE engineers I scientists I innovators 259 Table 1 MAY 2015 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Amendment No. 1: Meetings/Regulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $219 0 $0 Associate hr $207 4 $828 Senior Project Geologist hr $182 16 $2,912 Project Engineer hr $149 0 $0 Engineer hr $130 0 $0 Senior Staff Geologist hr $115 0 $0 Staff Engineer hr $97 0 $0 Subtotal Professional Services $3,740 B. Technical/Administrative Services Site Manager/Construction Manager hr $110 0 $0 Senior Engineering Technician hr $82 0 $0 Designer/GIS hr $133 2 $266 Drafter/CADD Operator hr $81 0 $0 Technical/Administrative Assistant hr $91 3 $273 Technical Word Processor hr $93 0 $0 TechnicaUAdministrative Assistant hr $55 0 $0 Subtotal Technical/Administrative Services $539 C. Reimbursables Lodging day $89 2 $178 Per Diem day $51 2 $102 Communications Fee 3%labor 0.03 4,279 $128 CADD Computer System hr $15 2 $30 Vehicle Rental day $97 2 $194 8.5'x11"Photocopies each $0.12 500 $60 Second Day Letter each $6 0 $0 Subtotal Reimbursables $692 TOTAL ESTIMATED BUDGET $4,971 XR15022 Geosyntec Consultants 260 )5 INDIAN RIVER COUNTY 7f, ccilik SOLID WASTE DISPOSAL DISTRICT z, y+ BOARD MEMORANDUM Date: May 6, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 4 Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District •" • Subject: Update on the Feasibility of Solid Waste Processing and Recycling Services DESCRIPTIONS AND CONDITIONS: On December 16, 2014, the Solid Waste Disposal District (SWDD) directed staff to start a feasibility study and procurement process for the processing and recycling of solid waste in Indian River County (IRC). On January 6, 2015, Board approved Work Order No. 2 to Kessler Consulting, Inc. (KCI) to initiate a feasibility study and procurement process to identify opportunities, logistics, challenges and costs for such an endeavor with the purpose of moving us towards achieving the Florida Legislature recycling goal of 75% by the year 2020. The work order included a feasibility evaluation in Task 1 and a procurement process in Task 2. The purpose of this agenda is to provide a summary of the feasibility evaluation and obtain approval to proceed with the procurement process. ANALYSIS: KCI has provided the attached technical memorandum that summarizes the feasibility evaluation and outlines the structure of the procurement process. Technologies and Vendors As detailed by KCI, alternative processing technologies have gained attention in recent years in an effort to achieve higher recycling goals. Such technologies fall into three general categories: mechanical, biological/chemical, and thermal. Development of these technologies varies, but numerous companies operate demonstration or commercial facilities. Per KCI, numerous mixed waste processing facilities operate on a commercial-scale in the U.S. Unlike a traditional material recovery facility (MRF) at which source separated recyclables are processed, a mixed waste MRF recovers recyclables from the mixed municipal waste stream. Some state-of-the-art mixed waste MRFs report diverting up to 75% of the waste stream from disposal. Different technologies can be integrated into a single facility. For example, some facilities recover recyclable commodities, as well as organics for further processing through composting or anaerobic digestion (AD). SWDD Agenda-Update on Feasibility of Solid Waste Processing and Recycling Services Page 1 of 4 261 In 2014, a state-of-the-art mixed waste processing facility opened in Montgomery, AL and is operated by Infinitus Energy. The facility is diverting between 50% and 60% of incoming waste for recycling and beneficial reuse and is targeting more than 70% diversion once Phase 2 of the project (anaerobic digestion facility) is completed. The Infinitus facility, capable of processing 150,000- 200,000 tons per year, cost approximately$35 million for the site, building, and equipment, and was constructed in about 18 months. KCI is currently assisting a client in the Florida Panhandle with the procurement of an emerging technology waste processing facility including design, construction, and operation of the facility. Through this process, KCI gained additional insight into the interest and capabilities of private vendors in developing an alternative technology facility in Florida, as well as the types of facilities being proposed. In terms of local interest, Republic Services, INEOS New Planet BioEnergy, LLC (INPB), Synagro, and Indian River Recyclers would be potential vendors that may be interested in responding to our procurement. Republic Services operates commercial-scale mixed waste processing facilities throughout the U.S., including the largest U.S. facility in Newby Island, CA. INPB has provisions to expand to a Phase II facility wherein they would take Refuse Derived Fuel (RDF) to use for their gasification process to produce ethanol and electricity. Synagro, our current Biosolids operator, has expressed interest in developing a compost material similar to what they are producing on the west coast of Florida. Finally, Indian River Recyclers is gearing up to start their Construction and Demolition (C&D) debris recycling operations across from the landfill and would welcome an opportunity to obtain additional tons. Overall,we will have a better understanding of vendor interests,their capabilities and their financial offer to SWDD upon procurement through a Request for Information/Request for Proposal (RFI/RFP) process. Proposed RFI/RFP Structure A detailed RFI/RFP document will be prepared upon Board direction; however, the following highlights the key structure of the proposed procurement process. ➢ Proven Technology and Experience: A certain level of proven experience will be required subject to the waste streams to be processed and materials to be recovered and marketed. Although a mass-burn waste-to-energy facility (i.e., incineration without any prior treatment or preparation of the waste) is a proven technology, insufficient tonnages and high investment requirements do not make this option economically feasible for IRC. ➢ Existing Facility Operations: The SWDD Class 1 Landfill and Non-Class 1 Landfill agreement with Republic Services expires on December 31, 2017. The RFI/RFP will include the scope of services for this work to see if there is any vendor interest to combine landfill operations with their proposal. A determination to include this SWDD Agenda-Update on Feasibility of Solid Waste Processing and Recycling Services Page 2 of 4 262 work in the final contract will be made by the SWDD Board after receiving responses to the RFI/RFP. • Location: In accordance with the SWDD Master Plan, 40 acres at the SWDD site would be made available for facility development on a lease basis. Proposers are not obligated to utilize this option. ➢ Materials: SWDD is seeking a vendor or vendors that will process all or some of the materials received at the SWDD facility. As our 2014 Waste Composition Study revealed that approximately 38 percent of residential and commercial solid waste disposed consists of potentially recyclable material, and an additional 32 percent consists of organic materials that could potentially be processed. The RFI/RFP will include historical summary of these materials; however, SWDD will not guarantee any quantity or quality and will not consider any put or pay proposals. Separate contracts for different materials will be considered; however, the overall goal is a comprehensive solid waste processing and recycling system. Commodity fluctuations vary and may limit interest/abilities of companies to respond to the RFI/RFP. ➢ Out-of County Waste: To enable proposers to provide the most economically beneficial proposal to SWDD, it may be necessary to allow out-of County waste to be brought into IRC. ➢ Diversion: Proposers will be required to estimate diversion and clearly illustrate the methodology that will be used to achieve the estimated diversion rate. In addition, Proposers will be required to explain how their proposals will help the SWDD achieve the 75 percent recycling goal and to provide a minimum or a guaranteed diversion rate. ➢ Financing: Proposers will be required to propose service fees, as well as any capital investment desired of SWDD as well as the overall financial benefit to SWDD. ➢ Term: The term of the agreement will depend on the services to be provided. Proposals that involve development of a facility will likely require at least a 20-year term. If the facility is located at the SWDD site,facility ownership will revert to SWDD at expiration. ➢ Evaluation Criteria: An evaluation committee will be appointed by the County Administrator according to the County's Purchasing Policies and Procedures. The specific evaluation process will be outlined in the RFI/RFP; however, proposed evaluation criteria and points are as follows: SWDD Agenda-Update on Feasibility of Solid Waste Processing and Recycling Services Page 3 of 4 263 Evaluation of Criteria Maximum Evaluation Points Corporate & Managerial/Operational Experience 15 Proven Technology &Technical Approach 25 Waste Diversion Potential 25 Financial Proposal 35 Total Points Possible 100 Next Steps Upon approval by the Board, staff and KCI will work together to initiate the procurement process to meet our needs and objectives. The anticipated schedule is to release the RFI/RFP by September 2015, obtain proposals by November 2015, evaluate the proposals by January 2016 and then bring a summary recommendation to the Board in February 2016. FUNDING: No funding consideration is needed at this time. RECOMMENDATION: Staff recommends the following options for the SWDD Board to consider: 1. Confirm that the Board is not interested in a mass-burn waste-to-energy facility in Indian River County. 2. Confirm that the Board is open to allowing out-of-county wastes to be brought into Indian River County. 3. Authorize staff and KCI to proceed with the procurement process for Solid Waste Processing and Recycling Services. ATTACHMENT(s): 1. Technical Memorandum from KCI APPROVED FOR AGENDA: S Indian River Co. Ap roved Date aud By' � 4 Administration �►, 67/44/1.›- Joseph . Baird, County Administrator (f Legal IV I IFo l/ 9 G��c5Budget s15 DateSWDD 4( / 8 ` � SWDD-Finance J,�,� a 1 SWDD Agenda-Update on Feasibility of Solid Waste Processing and Recycling Services Page 4 of 4 264 kessler consulting inc. innovative waste solutions TECHNICAL MEMORANDUM DATE: May 8, 2015 TO: Vincent Burke, Utilities Director Himanshu Mehta, SWDD Managing Director FROM: Robin Mitchell, Director of Technical Services SUBJ: Solid Waste Processing and Recycling Services Request for Information/Request for Proposal (RFI/RFP) Process Feasibility PROJ #: 73-05.00 On September 23, 2014, the Indian River County(County)Solid Waste Disposal District (SWDD) Board approved the 2014 Solid Waste Master Plan Update and authorized staff to conduct a process to explore construction and demolition (C&D) debris, organics, and mixed waste processing. In preparation for the RFI/RFP process,the Board directed staff on December 16, 2014 to evaluate potential interest in a public-private partnership. Kessler Consulting, Inc. (KCI) was requested by SWDD to assist in exploring the interest of private sector vendors in partnering with the County to develop a solid waste processing system that maximizes diversion of waste from the landfill and is financially viable for SWDD. The objective is to assist the County in achieving the State goal of 75% recycling. The purpose of this memo is to provide information regarding various technologies, potential vendor interest,and proposed key elements of an RFI/RFP for Solid Waste Processing and Recycling Services should the SWDD Board decide to proceed to the next step in exploring alternative processing opportunities. Background Indian River County has grown from a predominantly rural county to a county with developed, urbanized communities. Population has nearly doubled in the last 30 years.' The County's landfill has capacity through 2058 at current disposal rates, but could be extended substantially by increasing waste diversion and recycling. The SWDD contracts for operation of the 600-acre landfill facility and five Customer Convenience Centers (CCCs). Operations at the facility include Class I municipal solid waste (MSW) disposal, C&D debris disposal, landfill gas management, recyclable materials transfer operations, temporary ' Population of 140,955 in 2014 and 72,800 in 1984 according to University of Florida Bureau of Economic and Business Research. 14620 N. Nebraska Ave., Bldg.D,Tampa, FL 33613 I Tel:813.971.8333 I Fax:813.971.8582 I www.kesconsult.coni 265 Solid Waste Processing and Recycling Services RFI/RFP Process Feasibility S 015 i Page 2 of t storage of household hazardous waste, and waste tire management. This contract is due to expire on December 31, 2017; therefore, this is an ideal time to explore the interest of private sector vendors in developing a processing system designed to divert a high percentage of waste from disposal (e.g., 50% more). The waste composition study conducted as part of the Master Plan project revealed that approximately 38%of residential and commercial solid waste disposed consists of potentially recyclable material, and an additional 32%consists of organic materials that could potentially be processed. The Master Plan outlined a three-phase approach to assist the County in charting a pathway toward achieving the State's 75% recycling goal. Phase 1 includes an RFI/RFP process to explore the viability of processing technologies that achieve high material recovery rates. Phases 2 and 3 are driven by the results of the RFI/PRP process, which will determine whether an economically viable mixed waste processing technology is available. Technologies and Vendors In an effort to achieve higher recycling goals, alternative processing technologies have gained attention in recent years. Such technologies fall into three general categories: mechanical, biological/chemical, and thermal. Development of these technologies varies, but numerous companies operate demonstration or commercial facilities. In most cases, biological/chemical and thermal technologies require segregated materials or some degree of pre-processing prior to core technology. Numerous mixed waste processing facilities operate on a commercial-scale in the U.S. Unlike a traditional material recovery facility (MRF) at which source separated recyclables are processed, a mixed waste MRF recovers recyclables from the mixed municipal waste stream. Some state-of-the- art mixed waste MRFs report diverting up to 75%of the waste stream from disposal. Mixed waste MRFs can process the entire waste stream or just a portion of it, such as multi-family and commercial waste. They often complement existing recycling programs rather than replace them. In fact, MRFs that process mixed waste often include processing lines for single stream recyclables. Different technologies can be integrated into a single facility. For example, some facilities recover recyclable commodities, as well as organics for further processing through composting or anaerobic digestions (AD). In May 2014, KCI coordinated and facilitated a site visit for Vincent Burke and Himanshu Mehta to a state-of-the-art mixed waste processing facility in Montgomery, AL operated by Infinitus Energy. County and KCI staff toured the facility and met with Kyle Mowitz, CEO of Infinitus Energy, to discuss planning,financing, construction, startup, and performance testing of the facility. The facility, which is capable of processing 150,000-200,000 tons per year, cost approximately$35 million for the site, building, and equipment, and was constructed in about 18 months. According to Mr. Mowitz, the facility is diverting between 50%and 60% of incoming waste for recycling and beneficial reuse and is targeting more than 70%diversion once Phase 2 of the project (anaerobic digestion facility) is completed. Issues have been raised regarding the quality of recovered materials from a mixed waste MRF, but Mr. Mowitz stated that marketing materials from the Montgomery facility has not been a problem. A future Phase 3 process would work to convert residuals to an engineered fuel, but that is still early in the design stage. kessler consulting inc. innovative waste solutions 266 Solid Waste Processing and Recycling Services RFI/RFP Process Feasibility I 5/8/2015 I Page 3 of 6 In October 2014, KCI coordinated and facilitated a meeting with Andy King, Area President, and Drew Messer, Area Municipal Services Manager, for Republic Services, Inc. (Republic). Republic currently operates the SWDD facility and CCCs. Republic also operates commercial-scale mixed waste processing facilities, including the largest U.S. facility in Newby Island, CA, and could potentially be interested in responding to an RFI/RFP. In November 2014, Vincent Burke and Himanshu Mehta, visited the Charlotte County Biosolids Recycling Center operated by Synagro. Synagro has expressed interest in potentially responding to the RFI/RFP. In March 2015, Himanshu Meta and KCI met with Fritz Ministre, Feedstock Manager for INEOS New Planet BioEnergy (INEOS), to review County feedstock tonnage directed to INEOS. In addition, SWDD staff has had subsequent conversations with INEOS staff. As noted in the contract between the two entities, INEOS initially contemplated processing a wide variety of types of solid waste, including mixed municipal solid waste. Implementation was deferred, but INEOS reports that it has begun testing the use of refuse-derived fuel (RDF), which it has acquired from out-of-county. INEOS has expressed interest in potentially responding to the RFI/RFP. Also in March 2015, Himanshu Meta and KCI met with Indian River Recyclers,the C&D debris recycling company located across the street from the SWDD facility. Company representatives expressed interest in partnering with SWDD to process C&D debris received at the SWDD facility and are also potential respondents to the RFI/RFP as it relates to this waste stream. In addition, KCI is currently assisting a client in the Florida Panhandle with the procurement of an emerging technology waste processing facility including design, construction, and operation of the facility. KCI participated in reviewing proposals submitted by seven vendors and in interviews/ presentations with the four top-ranked companies. KCI then participated in negotiations with the two top-ranked companies. Through this process, KCI gained additional insight into the interest of private vendors in developing an alternative technology facility in Florida, as well as the types of facilities being proposed. Based on these meetings with processing vendors and KCI's experience and industry knowledge, there appears to be private sector interest in developing alternative processing capacity in Florida. The cost of such a facility or system will depend on a variety of factors, including the technologies utilized,facility size and capacity,site availability, and commodity markets to name a few. To be cost-effective, modern facilities tend to be sized to process at least 100,000 tons annually. Proposed RFI/RFP Structure The intent of the RFI/RFP process is to identify and evaluate companies interested in developing a waste processing system in Indian River County that maximizes waste diversion from disposal and is financially viable to the County. Outlined below are proposed key elements of the potential RFI/RFP. • Proven Technology and Experience: A certain level of proven experience will be required subject to the waste streams to be processed and materials to be recovered and marketed. o Proposer must have at least one facility similar to that proposed with successful operation on a commercial scale in North America. To demonstrate successful operation, proposers will be asked to provide information regarding length of operation, kessler consulting inc. innovative waste solutions 267 Solid Waste Processing and Recycling Services RFI/RFP Process Feasibility 15/8/2015 Page 4 of 6 design capacity, actual throughput, material diversion, energy production, and other relevant operational indicators. It is our understanding that the County is not interested in considering a mass-burn waste-to-energy facility(i.e., incineration without any prior treatment or preparation of the waste). o Proposer must demonstrate experience in the design, construction, planning, financing, coordination, permitting, and management of a facility similar to that being proposed. o Proposer cannot have defaulted on a project nor failed to complete a project within the past five years. o Proposer cannot be involved in any dispute, formal claim, or litigation with respect to previous projects completed or ongoing. • Existing Facility Operations: Vendors may include in their proposal assuming responsibility for operating the SWDD system, including the landfill, CCCs, processing or transfer of single stream recyclables, and other ancillary services. If so, proposers must demonstrate five years of experience providing similar services in Florida or North America. • Location: As a siting option, 40 acres at the SWDD site will be made available for facility development. Proposers should include a lease offer for the SWDD site. Proposers will need to identify the location of any facilities to be utilized that are not at the SWDD site. Proximity to the County's feedstock will be a financial consideration. • Materials: SWDD is seeking a vendor or vendors that will process all or some of the materials received at the SWDD facility. The table below summarizes the types and sources of materials received in calendar year(CY) 2014. The SWDD does not guarantee any quantity or quality and will not consider any put or pay proposals. The intention is for a comprehensive solid waste processing and recycling system; however,SWDD will consider separate contracts for processing certain types of materials, such as C&D debris and sludge/compost operations, if deemed in the best interest of the County. SWDD is under contract with INEOS until 2033 for the conversion of organic feedstock to bioethanol energy;therefore,vegetative waste will not be included in the RFI/RFP. Last year 60,666 tons of Indian River County vegetative waste was directed to INEOS. However, contractually, 25,000 tons per year of mulch is provided to SWDD for landfill cover and other SWDD uses. Type of Material CY 2014 Tons Class I MSW 112,775 C&D& Bulky Waste 47,991 Processed Sludge 8,508 Special Waste (asbestos) 82 Recyclables 11,553 Tires 655 HHW& E-Waste 280 Used Oil 54 Total Waste 181,898 kessler consulting inc. innovative waste solutions 268 Solid Waste Processing and Recycling ,ices RFI/RFP Process Feasibility 5/8/2015 I Page 5 of 6 • Out-of County Waste: To enable proposers to provide the most economically beneficial proposal to SWDD, an assumption is made that the SWDD Board is willing to entertain proposals that include acceptance of out-of-county waste. Proposers will be requested to identify any out-of-county materials they anticipate bringing to the SWDD site as feedstock for the proposed facility and the source of such materials. They will also be required to discuss any host fees or financial impacts associated with this additional material. The amount and sources of out-of-county waste that can be accepted, if any, would be clearly defined in the final contract. • Diversion: Proposers will be required to estimate diversion and clearly illustrate the methodology that will be used to achieve the estimated diversion rate. In addition, proposers will be required to explain how their proposals will help the County achieve the 75% recycling goal and to provide a guaranteed diversion rate. • Financing: Proposers will be required to propose service fees, any capital investment desired of the County, and the overall financial benefit to the County. • Term: The term of the agreement will depend on the services to be provided. Proposals that involve development of a facility will likely require at least a 20-year term. If the facility is located at the SWDD site,facility ownership will revert to SWDD at expiration. • Evaluation Criteria: An evaluation committee will be appointed by the County Administrator according to the County's Purchasing Policies and Procedures. The specific evaluation process will be outlined in the RFI/RFP; however, proposed evaluation criteria and points are as follows: Evaluation of Criteria Maximum Evaluation Points Corporate & Managerial/Operational Experience 15 Proven Technology&Technical Approach 25 Waste Diversion Potential 25 Financial Proposal 35 Total Points Possible 100 Next Steps KCI's research, experience, and work with other Florida jurisdictions confirms the existence of potentially viable processing technologies and private sector interest in developing processing infrastructure in Florida. The only way to truly evaluate the viability of a public-private partnership to develop processing infrastructure that substantially increases the County's recycling rate and that meets the County's specific needs is to proceed with the RFI/RFP process. Should the SWDD Board approve proceeding with an RFI/RFP for solid waste processing and recycling services, next steps and a proposed timeline are offered below. kessler consulting inc. innovative waste solutions 269 Solid Waste Processing and Recycling Services kri/krred,siimity 'D/i;;tulD Action Proposed Schedule Develop RFI/RFP (with County internal review and approval) June-July 2015 Release RFI/RFP August 2015 Pre-proposal meeting/site visit August 2015 Proposals due September 2015 Proposal review September-October 2015 Presentations (if appropriate) November 2016 Recommendation to BOCC January 2016 Initiate contract negotiations (if appropriate) January 2016 kessler consulting inc. innovative waste solutions 270