Agendas - Indian River County

Page 1 of 10 May 16, 2006

BOARD OF COUNTY

COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Arthur R. Neuberger, Chairman District 2 Joseph A. Baird, County AdministratorGary C. Wheeler, Vice Chairman District 3 William G. Collins II, County AttorneySandra L. Bowden District 5 Kimberly Massung, Executive Aide to BCCWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardThomas S. Lowther District 4

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Pastor Greg Sempsrott, First Church of God

3. PLEDGE OF ALLEGIANCE

Joseph A. Baird, County Administrator

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Honoring the Vero Beach High School Girls Lacrosse Team 1

B. Presentation of Proclamation Honoring the Sebastian River High School Boys Bowling Team 2

County Commission Chamber County Administration Building

1840 25th Street. Vero Beach, Florida, 32960-3365 WWW.IRCGOV.COM

TUESDAY, MAY 16, 2006 - 9:00 A.M.

Page 2 of 10 May 16, 2006

5. PROCLAMATIONS and PRESENTATIONS (CONT’D) PAGE

C. Presentation of Proclamation Designating May 14 – 20, 2006 as Emergency Medical Services Week 3

D. Presentation of Proclamation Designating the Week of May 22 – 29, 2006 as National Beach Safety Week 4

E. Presentation of Proclamation Designating the Month of May, 2006 as Foster Family Appreciation Month 5

F. Presentation of Proclamation Honoring Lloyd Parker on his Retirement from Indian River County Board of County Commissioners 6-7

G. Presentation by Raymond G. Coniglio, Global Renewable Energy, LLC,

Regarding Utilization of Hydrogen as Fuel for Marine Vessels and Municipal Fleet Vehicles 8

H. Presentation by Sherry Hamlin, Executive Director of Keep Indian River

Beautiful (KIRB), to Chairman Neuberger for Participation in KIRB Sweeps Challenge 9

6. APPROVAL OF MINUTES

A. Regular Meeting of April 4, 2006

B. Regular Meeting of April 11, 2006

7. CONSENT AGENDA

A. Reports Placed on File in the Office of Clerk to the Board:

1. Auditor General State of Florida; Florida Bright Futures Scholarship Program FY end 6/30/05

2. Delta Farms Water Control District Budget for FY 2006/2007 B. Approval of Warrants

(memorandum dated April 27, 2006) 10-18 C. Approval of Warrants

(memorandum dated May 4, 2006) 19-25

Page 3 of 10 May 16, 2006

7. CONSENT AGENDA (CONT’D.) PAGE

D. Appointment to the Tourist Development Council (TDC) (memorandum dated May 2, 2006) 26-30

E. Appointment to the Tourist Development Council (TDC)


F. Appointment of Alternate on the Land Acquisition Advisory Committee (memorandum dated May 8, 2006) 33-34

G. Resolution of Support for the Marine Resources Council


H. Proclamation Designating May 10, 2006 as World Lupus Day 38

I. Gifford Youth Activity Center, Inc. Request for Reimbursement, Lease

Agreement – Maintenance and Repairs (memorandum dated May 1, 2006) 39-40

J. Request for Authorization for the Community Development Director or His

Designee to Execute Appropriate State Housing Initiatives Partnership (SHIP) and Hurricane Housing Recovery (HHR) Agreements (memorandum dated May 4, 2006) 41-44

K. Approval of Bid Award for IRC Bid # 2006072 Stationary Generator

Electrical Tie In – Utilities Department / Wastewater Treatment Division (memorandum dated April 26, 2006) 45-51

L. 43rd Ave Sub complex – Change Order #2 (Chilberg Construction)


M. Approval of Bid Award for IRC Bid # 2006071 for the purchase of two (2) 20,000 LB Vehicle Lifts. Fleet Management Department & Emergency Services Department (memorandum dated April 26, 2006) 58-69

N. Amendment No. 2 to the Existing Contract for Utility Billing Services

Agreement (memorandum dated April 19, 2006) 70-72

O. Stipulation for Settlement; Linda Ross v. Indian River County


Page 4 of 10 May 16, 2006


P. Oslo Road/Lateral “J” Canal Bridge Replacement, Contract Amendment – Company Name Change (memorandum dated April 28, 2006) 81-82

Q. Hurricane Debris Removal Contract – Omni Pinnacle, LLC, Indian River

County Bid # 7076, Release of Retainage (memorandum dated May 9, 2006) 83-90

R. Continuing Professional Survey Services Contract 0390, Work Order No. 3

(Engineering), Masteller, Moler, Reed & Taylor, Inc. Design/Topographic Survey for Proposed County Road 512, Phase V, I-95 to Willow Street (130th Avenue) IRC Project No. 0445 – Release of Retainage (memorandum dated May 2, 2006) 90-94

S. Request for Floodplain Cut and Fill Balance Waiver for Lot 7, Block 13,

Vero Lake Estates Unit 2 at 8325 92nd Avenue (memorandum dated May 8, 2006) 95-98

T. Slab Removal Agreement with DiVosta Building Corporation


U. HUD Grant Renewals on Behalf of the Treasure Coast Homeless Services Council, Inc. (memorandum dated May 9, 2006) 109-152

V. CR 512, I-95 to Roseland Road – IRC Project No. 9611, Addendum #8, Task

C, Request for Final Release of Retainage (memorandum dated May 8, 2006) 153-161

W. Request for Floodplain Cut and Fill Balance Waiver for Lot 2, Block 19,

Vero Lake Estates Unit 4 (memorandum dated May 1, 2006) 162-165

X. CR 512, I-95 to Roseland Road – IRC Project No. 9611, Addendum # 7, Task

A & B, Request for Final Release of Retainage (memorandum dated May 8, 2006) 166-172

Y. Approval of Malcolm Pirnie, Inc. Agreement for Professional Services and

Work Order No. 2-RR for the Rockridge Subdivision Surge Protection Project (memorandum dated May 9, 2006) 173-180

Page 5 of 10 May 16, 2006


Z. Acceptance of New Proposed Items for Cost Savings for the New County Administration Buildings (memorandum dated May 10, 2006) 181-210

8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

9. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Consideration of Proposed Amendments to the Multi-Family Zoning District Requirement of LDR 911.08 (memorandum dated May 9, 2006) 211-229

Legislative

2. Consideration of Proposed Amendments to LDR Sections 911.09(4) and 971.41(10): Allowing Single-Family Dwellings and Accessory Single-Family Dwellings in the Mobile Home Districts (memorandum dated May 9, 2006) 230-245

Legislative

3. CJM Communities, Inc.’s Request for Extension of Site Plan Approval for a Multi-Family Residential Development to be known as Bella Vista Isles (memorandum dated May 9, 2006) 246-252

Quasi-Judicial

4. Tousa Homes’ Request for Extension of Site Plan Approval for a Multi-Family Residential Development to be known as Heritage Grove (memorandum dated May 3, 2006) 253-259

Quasi-Judicial

5. Public Hearing to Consider Revenue Distribution Formula for 6¢ Local Option Gas Tax (memorandum dated May 9, 2006) 260-264

Administrative

Page 6 of 10 May 16, 2006

9. PUBLIC ITEMS CONT’D. PAGE

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks, limiting your remarks to three minutes unless additional time is granted by the commission.

1. Request to Speak from Adriene Cuffe Regarding our counties comp plan in relationship to the future of our county and its development (fax dated May 3, 2006) 265

2. Request to Speak from Fred Mensing Regarding Paving 129th Street

(fax dated May 10, 2006) 266

C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing Items May 23, 2006: (memorandum dated May 8, 2006)

267-268

A. Indian River County’s request for special exception use approval to expand the north county water treatment plant located at the northwest corner of the 58th Avenue/77th Street intersection

Quasi-Judicial

B. AM Developers, LLC’s request for planned development (PD) special exception use and preliminary PD plan/plat approval for Milano Estates, a 49 townhome planned development to be located on the south side of SR 60 east of 71st Avenue

Legislative C. Ken Chapin’s request for abandonment of a 10’ wide alley

lying immediate west of 126th Court Legislative D. Worthington S. Keville’s request for an abandonment of a

portion of 13th Street lying immediately east of 32nd Ave Legislative

Page 7 of 10 May 16, 2006

10. COUNTY ADMINISTRATOR’S MATTERS PAGE

None

11. DEPARTMENTAL MATTERS

A. Community Development None B. Emergency Services

None C. General Services

None D. Human Resources

None E. Human Services

None F. Leisure Services

None G. Office of Management and Budget

None H. Recreation

None I. Public Works

1. SR 60 & 58th Avenue Right-of-Way Acquisition Services Work Order No. 4 (memorandum dated May 4, 2006) 269-287

Page 8 of 10 May 16, 2006

11. DEPARTMENTAL MATTERS (CONT’D.) PAGE

I. Public Works (Cont’d.)

2. Professional Engineering Services Agreement, CR 512 Corridor Improvements – IRC Project No. 9611, Addendum No. 9 (Masteller & Moler, Inc.) (memorandum dated May 1, 2006) 288-289

3. Repair/Replacement of the Wabasso Causeway Fishing Piers

Hardesty & Hanover LLP Work Order HH-1 (memorandum dated May 9, 2006) 290-322

4. Bluewater Bay Developer’s Agreement for Developer Contributions

to Roadway Improvements along C.R. 510 and Nearby Intersections (memorandum dated April 26, 2006) 323-333

J. Utilities Services

1. Approval of Bid Award and Sample Agreement for IRC Bid # 2006056, 74th Avenue Force Main Loop Connection South of SR60, Utilities Department (memorandum dated April 28, 2006) 334-352

2. Continuing Consulting Services, Work Order No. 3 with Masteller & Moler, Inc. for Engineering Services for Master Plan Water Main on 17th Street SW from 27th Avenue to 43rd Avenue, UCP No. 2807 (memorandum dated April 28, 2006) 353-361

3. Wastewater Plant Generator Replacement Request for Waiver of

Normal Bid Process (memorandum dated May 9, 2006) 362-363

12. COUNTY ATTORNEY

None

13. COMMISSIONERS ITEMS

A. Commissioner Arthur R. Neuberger, Chairman

None B. Commissioner Gary C. Wheeler, Vice Chairman

None

Page 9 of 10 May 16, 2006

13. COMMISSIONERS MATTERS (CONT’D.) PAGE

C. Commissioner Sandra L. Bowden

None D. Commissioner Wesley S. Davis

1. Discussion Regarding Securing an Architect to Design a Master Plan for the Indian River County Fairgrounds (no back-up)

E. Commissioner Thomas S. Lowther

None

14. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Approval of Minutes Meeting of March 7, 2006

2. Construction Services Contract (Part 2 Agreement) with Barth Construction for the Replacement of Emergency Services Station No. 4 (memorandum dated May 4, 2006) 364-393

3. Construction Services Contract (Part 2 Agreement) with Barth Construction for the Replacement of Emergency Services Station No. 5 (memorandum dated May 4, 2006) 394-423

B. Solid Waste Disposal District

1. Approval of Minutes:

a. Meeting of March 7, 2006

b. Meeting of April 4, 2006

c. Meeting of May 2, 2006

Page 10 of 10 May 16, 2006

14. SPECIAL DISTRICTS AND BOARDS (CONT’D.) PAGE

B. Solid Waste Disposal District

2. Operation and Maintenance of a Pump-and-Treat Facility for Groundwater Remediation at the South Gifford Landfill Site (memorandum dated April 25, 2006) 424-437

C. Environmental Control Board

None

15. ADJOURNMENT

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. 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, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

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.

PROCLAMATION HONORING THE VERO BEACH HIGH SCHOOL

. GIRLS LACROSSE TEAM

··-A -· . ..,,./

WHEREAS, on Saturday, April 29, 2006 at Disney's Wide World of Sports Complex in Lake Buena Vista, Florida, the Vero Beach High School Girls Lacrosse Team won the Florida State Championship; and

WHEREAS, the final score against defending state champions Altamonte SpringsLake Brantley was 7-6 in an exciting, hard-fought game with the Vero Beach High School players earning back from a 4-2 half-time deficit; and

WHEREAS, the Vero Beach High School Girls Lacrosse Team was rated Number One in the state all season and finished the year with a 25-1-1 record.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNtv, FLORIDA that the Board recognizes the accomplishment of Coach Shannon Dean and the 2006 VERO BEACH HIGH SCHOOL GIRLS LACROSSE TEAM and congratulates them on their outstanding victory.

Adopted this 16th day of May, 2006.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER CO NTY, FLORIDA

)

PROCLAMATION HONORING THE SEBASTIAN RIVER HIGH SCHOOL

BOYS BOWLING TEAM

WHEREAS, on November 16, 2005 the Sebastian River High School Boys Bowling Team, consisting of Steven Tramel, Matthew Dunn, Paul Walsh, Kyle Bell and Ellis Baker, led wire-to-wire at the Florida High School Athletic Association Bowling Championships in Orlando, Florida; and

_ WHEREAS, the team finished the two-day, four-round tournament with 12,331 pins, which was a 109 pin victory over runner-up Orlando University.; and

WHEREAS, the Boys Bowling Team won Sebastian River High School's first ever team state championship and Coach Jeff Plate became the first Sebastian River High School coach to be honored as a state coach of the year when he was named the 2005 Florida Dairy Farmers Boys Bowling Coach of the Year.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the accomplishment of Coach Jeff Plate and the Sebastian River High School Boys Bowling Team, including subs Zack Bell, Sean Coyle and A.J. Nicholas, and the Board congratulates them fOr their outstanding achievement.


BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER C LINTY, FLORIDA

Thomas S. Lowther

Sandra L. Bowden

PROCLAMATION DESIGNATING MAY 14 - 20, 2006

· AS EMERGENCY MEDICAL SERVICES WEEK

WHEREAS, emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week, and access to quality emergency care dramatically improves the survival and recovery .rate of those who experience sudden illness or injury; and

WHEREAS, emergency medical services teams consist of emergency medical technicians, paramedics, firefighters, emergency physicians, emergency nurses, educators, first responders, administrators and others; and

WHEREAS, these emergency medical services teams serve our country with bravery and heroism and defend the nation when called upon; and

WHEREAS, the members of emergency medical services teams, whether career or volunteer, undergo thousands of hours of specialized training and continuing education to enhance thl;'lir lifesaving skills. ·

NOW, THEREFORE, BE IT PRO.CLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 14 20, 2006 be designated as EMERGENCY MEDICAL SERVICES WEEK in Indian River County, and the Board extends its thanks and best wishes to all observing this event.


BOARD . OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY; FLORIDA

~~ .. ~~b~r?krm!~ • • ~'

~ C. @eP» _. ~.,:, v~ler, Vice Chairman.

/&{/~·w~ Wesley S. Davis

Thomas S. Lowther

Sandra L. Bowden

PROCLAMATION DESIGNATING THE WEEK OF MAY 22 - 29, 2006

AS NATIONAL BEACH SAFETY WEEK

WHEREAS, the beautiful coastal and inland beaches of Indian River County represent a world renowned recreational resource that attracts residents and visitors by the thousands each year for water and beach activities; and

WHEREAS, the aquatic environment has dangers that can be effectively managed through public awareness and the vigilance of professional lifeguards; and

WHEREAS, for reasons of public safety an annual reminder of the joys and hazards associated with the aquatic environment are appropriate at the commencement of the busy summer beach season; and

WHEREAS, Indian River County residents and visitors alike must remember to Never Swim Alone, Always Swim Near a Lifeguard, Never Drink Alcohol Before Swimming, Respect the Power of the Surf, and Learn to Swim.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSI.ONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of May 22 - 29, 2006 be designated as NATIONAL BEACH SAFETY WEEK in lndiah River County and the Board urges everyone to enjoy themselves at the beach this year, while taking appropriate measures to protect themselves and their children.

Adopted this 16 day of May, 2006.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER CO TY, FLORIDA

Thomas S. Lowther

Sandra L. Bowden

PROCLAMATION DESIGNATING. THE MONTH OF MAY, 2006

AS FOSTER FAMILY APPRECIATION. MONTH

WHEREAS, alJchildren need love, support and. the stability of a family; and

wt-i EREAS, many children are currently living in $Ubstitut~ car~ away from their ', : · . .,tamilies of.birth; in a residential shelter o.r foster family home;· and · · .. ' ', • •• .• , • ' : • • : ••• ' ;, ,. '., • • • .·: • ' ( i. ,. ,, • • ' ,.. • • " ' • '

' WHEREAS,' it has been proven that there are indeed families,· able and willing to foster children with.spedal'nE!'eds; and . . . .

. . WHEREAS; families who have.fcistere.d.theie chlldren deserve:c6mmunity and.· . . . public agency :support to sustain their.work with foster children. . · · · · ·

. ·,· ., . ' ' '

' NOW, THEREFORE,. BE IT PROCLAIMED BY THI: BOARD,·OF-COUNTY' , COMMI.SSIONE:RS OF INDIAN .RIVER COUNTY, FLORIDA that the. month of May,

'2006 .be- desigpated as FOSTER FAMILY .APPRECIATION MONTH in Indian · River . · ... County. · · ' · · · · · · · · · · ·

·. Adopt~d this.16th day of May, 2006, .. ·

BOARD OF. COUNTY COMMISSIONERS, INIJIAN RIVER .C · UNTY, FLORIDA .·.

' ' ,_,,,,.-J - ' • ' ~-•·: ..

. Thomas S. Lowther

Sandra L Bowden

PROCLAMATION HONORING LLOYD PAR.KER ON ms RETIREMENT

FROM INDIAN RIVER COUNTY BOARD OF CO~TY

COMMISSIONERS

WHEREA.S., LLOYD PARKER has announced his retirement from the Emergency Services Department, effective March :31, 2006; and

WHEREAS, LLOYD PARKER has been employed with Indian River CoW1ty smce February 1989, when he was first hired as a Paramedic. promoted to Shift Supervisor in June 1989, and to Operations Supervisor/EMS Battalion Chief in September 1992; and

WHEREAS. LLOYD PARKER has served on various committees, including Manager of the Special Needs Shelter Planning Committee, helped after the devastation of Hu.rrieane Andrew, and served as team leader with the FEMA National Dis~ster Medical Assistant Team during Hurricanes Charley, Katrina. and Rita; and

NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,. FLORIDA, that the Board expresses its deep appreciation for the dedicated service LLOYD PARKER has given to Indian River County for seventeen years; and

BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors!

Dated this 16th day of May 2006.

BOARD OF COUNTY COMMlSSlONERS .INDIAN RIVER COUNTY, FLORIDA

Arthur R. Neuhin-ger, Chairman

'Tliis is to certify tnat

is nere6y presentea tnis

'R§tirement JI.wart!

for outstanding peiformance ant!

faitlifu{ service to

Inaian <I<J,ver County c.Boara of County Commissioners

Por Seventeen years of service

On this 16t6 aay of 9rtay 2006

Jo/i.n'}(jnlJ )4.rtli.ur !I{. !Neu6er9er • cbirector of 'E.mergeni;y Serwes <Boartl of County Commission,r, Clia:irman

5&

Project: Utilization of Hydrogen as Fuel for Marine Vessels and Municipal Fleet Vehicles In response to DOE Funding Opportunity Number: DE-PS26·06NT42801

Applicant: Florida Institute of Technology- National Center for Hydrogen Research -t' Project Director: Mary Helen McCay, Ph.D. I\. f \ Researeh Associates: RobertE. Lowrey, PhD., H. Greg Peebles, P.E. oR,..,.,.. Participating Otganiza1ions: Florida Institute ofTeclmology, Melbourne FL, National Center for Hydrogen Resear11h (NCHR), Global Renewable Energy (GRE) LLC, Honda Sebastian Aquatic Testing Facility, Enei:Fuel Inc., US Energy Initiatives Corporation, City of Sebastian, FL, and City of Fellsmere, FL ·

Requested.Funding: $3.7M (tbreeyears)

Abstract: The Nation.al Center for Hydrogen Research at Florida Institute of 'I'echnology (Florida Tech) was established to perfonn R&P on the uses of hydrogen as fuel for airborne pl.atfunns. Its , principal areas of research are on-board hydrogen storage technologies, lightweight fuel cells, fiber optic sensors, and systems engineering fur utilization of hydrogen fuel in an operating aircraft. NCHR is seeking to expand its research program to include investigation of technologies and operational issues associated with utiliz.ation of hydrogen and hydrogen - natural gas mixtures as fuel in internal combustion engines for marine vessels and municipal fleet vehicles.

This study will be carried out according to the guidelines set out by the U.S. Department of Energy, Office of Fossil Energy in the Research Development and Demonstration Pl.an for its Hydrogen from Coal Program •.

Marine Vessels Florida T ecli' s Department of Marine and Environmental Systems integrates oceanography, ocean engineering; enviromnental science, marine science, meteorology and related academic concentrations into solutions vital to contemporary issues. One of these issues is the use of alternative fuels for marine vessels. Joining with Honda Sebastian Aquatic Testing, Florida Tech will modify and test marine engines for operation as hydrogen internal combustion engines (lCEs).

MTJJ)icipal Fleet Vehicles GRE and the City of Sebastian will retrofit four fleet vehicles with engines utilizing hydrogen, hydrogen - natural gas mixtures, and hydrogen • gasoline mixtures. Similar testing programs will be performed in cooperation with the City of Fellsmere. The government entities and Florida Tech will partner with US Energy Initiatives Corporation to test 100% hydrogen fueled ICE fleet vehicles. A hydrogen. fueling station will be construe~ at the City of Sebastian fleet vehicle service center using water electrolyzers developed by EnerFueL

Phase l oftbe study will establish a baseline for performance of hydrogen ICEs (Internal Combustion~$$} and mixed_ h;i:dromiu fuel engines under vatiable load in a laboratory _ ........ ____ .. ____ .. environment. · Phase 2 will tonsist of field testing of each engine incorporated in municipal fleet vehicles and marine vessels. Phase 3 will include an assessment of long-tenn operational issues, economic evaluation, an environmental impact survey, lllld implementation of optimized system designs.

8

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9

. CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMlv:USSIONERS

DATE: APRIL 27, 2006

SUBJECT: APPROVAL OF WARRANTS

FROM: DIANE BERNARDO, FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants 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 Clerk to the Board, for the dine period of April 21, 2006 to April 27, 2006.

Attachment:

DB:AR

10

CHECKNBR 175385 175386 175387 175388 175389 . 175390 175391 175392 175393 175394 175395 175396 175397 17539$ 17~399 175400 175401 175402 175403 175404 175405 175406 175407 175408 175409 175410 175411 175412 175413 175414 175415 175416 175417 175418 175419 175420 175421 175422 175423 175424 175425 175426 175427 175428 175429 175430 175431 175432 175433 175434 175435 175436 175437 175438 175439 175440 175441 175442

CK DATE 04/20/2006 04/20/2006 04/21/2006 04/21/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006

. 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/Z6/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/26/2006

CHECKS WRITTEN

VENDOR TEAMSTERS LOCAL UNION #769 TEAMSTERS LOCAL UNION NO 769 UNUMPROVIDENT INS CO OF AMERICA FLORIDA UC FUND MGB CONSTRUCTION INC MERCEDES HOMES INC JACOBS, RANDALL D GRB CONSTRUCTION INC TROPICAL HOMES OF INDIAN RIVER REGATTA CONSTRUCTION LLC BROGNANO, WILLIAM FITZP A TIUCK SR, DONALD ANDO BUILDERS SIMES CONSTRUCTION CO INC HHVB HOMEBUILDERS LLC GHO VERO BEACH INC KB HOME TREASURE COAST GREAT SOUTHERN BUILDERS LLC TC G CUSTOM HOMES LTD CO ADAMSHOMESOFNORTHWESTFLA LENNAR HOMES . TO USA HOMES/DBA ENGLE HOMES MARONDA HOMES FOWLER SR, CHARLES SUN CASTLES INC GREEN BROTHERS CONSTRUCTION HOLIDAY BUILDERS AMERlTREND HOMES STEVE FIELDS COMPANIES INC BARNETT, ESSIE MAE DESIR, REBERT & DENORD TRODGLEN, STACEY WARD, DAVID A K.AZUKAUSKAS, KASEY BUCHANAN, RACHEAL & WILLIAM POOLE, SHANNON GUNTER, TOMMY OGILVIE, ERIC J BERG, BARBARA !ANN1JCCI, NADINE K LA VEND ER, C MARTIN MCCULLOUGH, EDNA B SMITH, PAUL T & VICKI L KENNEDY, JEANIE PAYNE,GARYD ENGLERT, MICHELLE MOORE, BELKIS VILLAGE WALK SOUTH OF VERO BCH LLC MILLER, WILLIAM F MC ANENEY, THOMSON J JANSKY, ANDREW RAMOS, REINALDO EL!N,!NNA NIESSEN, CHARLES & MARY KAPP, KIMBERLY RETAMAR, NATALIE CHRISTY, NANCY EASTON WEST PROPERTIES INC

AMOUNT 5,760.50 1,378.00 5,763.95

217.61 72.96 78.20

246.90 43.43 13.21 12.25 43.06 51.34

162.05 43.56 79.12

266.24 148.12 61.27 32.13 41.99 65.26 78.84 54.48 88.77 64.70 37.07 87.73

150.74 120.59 109.89 34.78 78.26 97.69 64.17 38.92 33.59 23.21 38.59 89.50 37,89 76.24 70.42 30.87 36.59 77.62 76.90 73.96

292.46 85.19 57.00 85.71 43.86 74.88 89.08 36.45 74.70 84.62 5.10

1 11

CHE:CKN:SR 175443 175444 175445 175446 175447 175448 175449 175450 175451 175452 175453 17S454 175455 175456 175457 175458 175459 175460 175461 175462 175463 175464 175465 175466 175467

· 175468 175469 175470 175471 175472 175473 175474 175475 175476 175477 175478 175479 175480 175481 175482 175483 175484 175485 175486 175487 175488 175489 175490 175491 175492 175493 175494 175495 175496 175497 175498 175499

. 175500 175501 175502

CK DATE 04/26/2006 04/26/2006 04/26/2006 04/26/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

· 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

VENDOR GIFFORD GROVES LTD FIELDING, WILLIAM FOLSWORTH, KATHLEEN E JOYAL CONSTRUCTION ALPHONSO JONES ORANGE COUNTY HOUSING AND SANDY PINES TOWN & COUNTRY LEASING· ALL FLORIDA REALTY SERVICE INC DEAN BABCOCK JERE L BAXTER L YDlA BROXTON GERALD T CAPA.K. RICHARD CAPPELLUTI PAUL CARONE CHERYL DOYLE EDGEWOOD PLACE (305·113) ROBERTJFORD GIFFORD GROVES LTD GRACES LANDING LTD MICHAEL JACKOWSKl MARK OR ANNA KNOWLES PHILLIP G LANGLEY TERRY A LAWRENCE CHARLES LEWIS LINDSEY GARDENS APARTMENrS ED LLERENA MOD INVESTMENTS LOUIS PALUMBO RIVER PARK PLACE BETTY DA VIS SCROGGS MICHAEL R ST A.RCK WOODS OF VERO BEACH DAVID YORK L!LLYBYORK ST FRANCIS MANOR OF VERO BEACH SALLIE (WYNN) BLAKE KYLES RUN APARTMENTS RUTH JEFFERSON CHRISTIAN MILLIMAN FULCHINI ENTERPR1SES INC JOHN F BAER JR VENETlAN APARTMENTS OF VERO BEACH HERMOSA PROPERTIES LLC THE CLUB OF VERO CHR1STINE SALTER HAGGERTY FAMILY LTD SCHLITT PROPERTY MANAGEMENT THE.PALMS OF VERO BEACH BRIDWELL PA TRICIA BRIARWOOD APARTMENTS CAMPO ELI MUNOZ AND CONSTANCE HILARY MCIVOR PAULA LANE SARASOTA COUNTY BOARD OF COUNTY COMM VERO PINES LLC DENIS AND NORMA JEAN ROCK THOMAS GASKIN JOSEPH DECAFJA FA YETIEV1LLE METRO .HOUSING AUTHORITY

AMOUNT 66.70 24.S9 87.4S

2,519.68 425.00 706.70

5,398.00 268.00

3,305.00 478.00 340.00 189.00 266.00 109.00 399.00

1,121.00 900.00 422.00

7,384.00 7,881.00

408.00 273.00 353.00 133.00 275.00

14,934.00 426.00

1,249.00 188.00

12,239.00 422.00 431.00

9,798.00 445,00 319.00 .

2,504.00 388.00

4,327.00 700,00 280.00 298.00

1,948.00 407.00 335.00 .

4,337.00 85.00

985.00 259.00

10,528.00 196.00 279.00 307.00 474.00 297.00 256,70 463.00 421.00 484.00 393.00 366.70

2 12

CHECKNBR 175503· 175504 175505 175506 175507 175508 175509 175510 175511 175512 175513

. 175514 175515 175516 175517 175518 175519 175520 175521

· 175522 175523 175524 175525 175526 175527 175528 175529 175530 175531 175532 175533 175534 175535 175536 175537 175538 175539 175540 175541 175542 175543 175544 175545 175546 175547 175548 175549 175550 175551 175552 175553 175554 175555 175556 175557 175558 175559 175560 175561 175562

CKDATE 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006' 04/27/2006 04/27/2006 04/27/2006

VENDOR PELICAN ISLE LINDA DIANE SELLERS PATRICK ESPOSlTO ROBERT & CHERYL ZITZMAN GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS MID FLORIDA RENTALS INC SARAH CROMIER EVERGLADES FA.RM EQUIPMENT CO INC TREASURE COAST IRR1GATION INC CLEMENTS PEST CONTROL PORT CONSOLIDATED INC DEPENDABLE DODGE INC DON REID FORD FLORIDA DETROIT DIESEL ALLISON PRAXAIR DISTRIBUTION SOUTHEAST GENERAL GMC TRUCK SALES & SERVICE GOODKNIGHT LAWN EQUIPMENT INC AUTO SUPPLY OF VERO BEAc;H INC AUTO SUPPLY OF VERO BEACH !NC COMMUNICATIONS INTERNATIONAL SOUTHERN SEWER EQUIPMENT SALES TEN-8 FIRE EQUIPMENT INC TOSfilBA BUSINESS SOLUTIONS FLORIDA MARTINS LAMAR UNIFORMS MUN!C!P AL EQUJPMENT ILC IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS ALARM PARTNERS SCOTTS SPORTING GOODS HECTOR TURF KIMLEY HORN & ASSOCIATES NORTH SOUTH SUPPLY VELDE FORD INC UNIVERSAL SIGNS & ACCESSORIES SAFETY PRODUCTS INC DICKERSON AGGREGATES INC SEWELL HARDWARE COLD AIR DISTRIBUTORS WAREHOUSE CINGULAR WIRELESS CINGULAR WIRELESS CINGULAR WIRELESS CINGULAR WIRELESS DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER. SVC INDIAN RIVER BA ITERY KELLY TRACTOR CO FLOWERS BAKING COMPANY STER1CYCLE INC SOUTHERN EAGLE DlSTRlBUTORS INC WILLIAM TIUES & SONS INC ALPHA ACE HARDWARE VERO LAWNMOWER CENTER F&W PUBLICATIONS ULVERSCROFT LARGE PRINT BOOKS DAVIDSON TITLES INC QUALITY BOOKS INC SERVICE CHEVROLET INC DAVES SPORTING GOODS & TROPHIES APPLE INDUSTRlAL SUPPLY CO INDIAN RNER ANIMAL HOSPITAL INC

AMOUNT 3,005.00

496.00 359.00 523.00 581.70 574.00 577.00 768.88 640.00

52.00 59,471.89

181.20 17,349.00

628.92 182.63

1,031.94 101.75

1,329.77 2,669.21

81,594.50 323.44

6,136.63 275.36 869.69

2,073.00 172.41 · 114.38 36.93

10,707.29 207.35

44,566.00 96.87

458.76 2,385.00

20,745.36 7,488.24

53.97 696.99

15.48 26.42 48.61

1,872.24 96.72

162.00 266.95

68.48 105.99 170.62 961.90 213.30

72.57 182.24 51.57

617.01 543.92 49.48 64.98

761.50 1,032.40

15.00

3 13

CHECKNBR 175563 175564 175565 175566 175567 ' 175568 175569 175570 175571 175572 175573 175574 175575 175576 175577 175578 175579 175580 175581 175582 175583 . 175584 175585 175586 175587 175588 175589 175590 175591 175592 175593 175594 175595 175596 175597 175598 175599 175600 175601 175602 175603 175604 175605 175606 175607 175608 175609 175610 175611 175612 175613 175614 175615 175616 175617 175618 175619 175620 175621 1756Z2

CK DATE 04/27/2006 04/27/2006 04/27/2006 04/2712006 04127/2006 04127/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

· 04127 /2006 04/27/2006 04127/2006 04/27/2006 04/2712006 0412712006 04127/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/Z006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

VENDOR INDIAN RIVER MEMORIAL HOSPITAL HACH CO IC! PAlNTS US NETCOM CORP MASTELLER & MOLER & REED INC SMITH BROTHERS CONTRACTING EQUIP HUGHES SUPPLY INC NATIONAL WATERWORKS NATIONAL WATERWORKS BOUNDTREE MEDICAL SCHULKE BITTLE & STODDARD LLC VERO BEARING & BOLT BRODART VIDEO , ANIMAL CARE EQUIPMENT & SERV1CES SKATE FACTORY AMERICAN ROD & GUN EXPRESS REEL GRINDING INC FLORIDA VETERINARY LEAGUE ELPEXINC FIRESTONE TIRE & SERVICE CALL ONE INC· BARTH CONSTRUCTION lNC · AMER1CAN WATER CHEMICALS INC CARTER ASSOCIATES INC ARMFIELD WAGNER APPRAISAL INC DELL INC, WILSONS PETROLEUM EQUIPMENT INC VERO BOWL VERO BEACH POWERTRAJN CARQUEST•AUTO PARTS GOODYEAR AUTO SERVICE CENTER BAKER & TAYLOR ENTERTAINMENT BAKER & TAYLOR ENTERTAINMENT BAKER & TAYLOR ENTERTAINMENT HIGHLANDS ANlMAL HOSPITAL BRANDTS&FLETCHERSAPPL!ANCE MIDWEST TAPE NORTHERN SAFETY CO RECORDED BOOKS ARAMARK UNJFORM SERVICES FREIGHTLINER TRUCKS OF SOUTH LOWES CO INC GRAPHX PRINTING DOWNTOWN DISCOUNT PRODUCE INC PRECISION CONTRACTING SERVICES INC G S EQUIPMENT INC SOUTHERN COMPUTER WAR.BROUSE WHEEL.ED COACH FIRSTLAB REXEL CONSOLIDATED ELECTRIC SUPPLY BAKER DISTRlBUTING CO NEC UNIFIED SOLUTIONS INC NEC UNlFIED SOLUTIONS INC SUN BELT MEDICAL NORTRAX~QU~MENTCO JIMMYS AIR & REFRIGERATION SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP FLORIDA TIRE RECYCLING INC HARBOR BRANCH ENVIRONMENTAL LAB INC

AMOUNT 4,768.44

173.50 420.39

5,378.00 2,015.00

123,74 160,800.00

1,411.68 48,726,08

128,80 5,606.21

376.07 90.32

323,90 136.50 82.75

360,00 216,00

2,317.15 305,00

81.00 3,365.00 6,678.00 2,592.90 5,000.00

49,139.25 400,00 112,75 539,87 531.85 163.81

. 1,593.93 194,70 11.24

102,50 129.73

1,470.29 32.79

1,245.78 1,619.29

154.87 1,214.96

682.75 106,30

2,107.50 489.08

3,848.89 256.40 682,50 72.62

229.17 32,636.36

3,766.20 2,641.76

195.43 344,85 135.82 310.20

1,058.64 775,00

4 14

CHECKNBR CK DATE VENDOR AMOUNT 175623 04/27/2006 CLEM VOCELLE & BERG LU> 481.63 175624 04/27/2006 GREENE INVESTMENT PARTNERSHIP LTD 2,156.25 175625 04/27/2006 PERSONNEL PLUS INC 562.50 175626 04/27/2006 BOYS & GIRLS CLUB OF INDIAN 18,981.17 175627 04/27/2006 PER·SE TECHNOLOGIES INC 5,726.60 175628 04/27/2006 JEFFREY K BARTON 89,686.74 175629 04/27/2006 INDIAN RIVER COUNTY HEALTH DEPT 69,534.87 175630 04/27/2006 DAVIDCNOLTE 290,770.61 175631 04/27/2006 INDIAN RIVER COMMUNITY COLLEGE 24,077.00 175632 04/27/2006 VICTIM ASSISTANCE PROGRAM 5,643.87 175633 04/27/2006 ROGER J NICOSIA DO 1,500.00 175634 04/27/2006 CITY OF VERO BEACH 9,135.94 175635 04/27/2006 CITY OF VERO BEACH 1,683.74 175636 04/27/2006 CITY OF VERO BEACH 9,625.00 175637 04/27/2006 SUNGA.RD MAILING SERVICES 22,338.73 175638 04/27/2006 CAMP DRESSER & MCKEE INC 460.00 175639 04/27/2006 DIGITAL TECHNOGRAPHICS INC 265.00 175640 04/27/2006 INDIAN RlVER ALL FAB 133.00 175641 04/27/2006 COMMERCIAL ENERGY SPECIALISTS 255.00 175642 04/27/2006 COMMERCIAL ENERGY SPECIALISTS 2,058.00 175643 04127/2006 COMMERCIAL ENERGY SPECIALISTS 438.31 175644 04/27/2006 GENERAL ELEVA TOR SALES & SERVICE 32.95 175645 04/27/2006 UN1TED PARCEL SERVICE 10.72 175646 04/27/2006 FERGUSON ENTERPRISES !NC 6,411.40 175647 04/27/2006 ALLIED TRAILER SALES & RENTALS 150.00

·- 175648 04/27/2006 FLORIDA GOVERNMENT FINANCIAL 50.00 175649 04/27/2006 RIVERSIDE NATIONAL BANK 532.06 175650 04/27/2006 RONALD L TESNOW 63.80 175651 04/27/2006 JAN!TORJAL DEPOT OF AMERlCA 2,590.88 175652 04/27/2006 TREASURE COAST HOMELESS SERVICES 828.06 175653 04/27/2006 BELLSOUTH 8,656.43 175654 04/27/2006. BELLSOUTH 513.53 175655 04/27/2006 BELLSOUTH 4,400.41

· 175656 04/27/2006 BELLSOUTH 237,64 175657 04/27/2006 ARTHUR J GALLAGHER & COMPANY 66,786.00 175658 04/27/2006 IBM 1,755.00 175659 04/27/2006 INDIAN RJVER COUNTY UTILITY SERVICE 1,477.33 175660 04/27/2006 CUL TIJRAL COUNCIL OF !RC 22,276.67 175661 04/27/2006 AQUAGENlX 75.00 175662 04/27/2006 FLORIDA WATER & POLLUTION CONTROL 20,00 175663 04/27/2006 GEOSYNTECCONSULTANTSINC 20,553.14 175664 04/27/2006 OFFICE DEPOT BSD CUSTOMER SVC 2,362.49 175665 04/27/2006 PAST PERFECT FLORIDA HISTORY INC 150.21 175666 04/27/2006 GERALD LEBEAU 52.50 175667 04/27/2006 ST JOHNS RJVER WATER MGMT DISTRlCT 1,000.00 175668 04/27/2006 AMERICAN RED CROSS 330.00 175669 04127/2006 FEDERAL EXPRESS 150.42 175670 04/27/2006 GE CAPITAL MODULAR SPACE 5,964.00 175671 04/27/2006 ELIZABETH'. JORDAN 9.80 175672 04/27/2006 COMO OIL COMPANY OF FLORIDA 382.77 175673 04/27/2006 KILPA TRJCK TURF EQUIPMENT INC 57.60 175674 04/27/2006 MANPOWER 6,949.77 175675 04/27/2006 THOMSON I GALE 2,325.39 175676 04/27/2006 OSCEOLA PHARMACY 399.78 175677 04/27/2006 SCRIPPS TREASURE COAST PUBLISHING 159.$4 175678 04/27/2006 NATHAN MCCOLLUM 168.54 175679 04/27/2006 JOHN KING 109.80 175680 04/27/2006 SECURITY FIRST TITLE 20,000.00 175681 04/27/2006 ATLANTIC REPORTING !NC 1,031.25 175682 04/27/2006 CALLAWAY GOLF 664.38

5 15

CHECKNBR 175683 175684 175685 175686 175687 175688 175689 175690 175691 175692 175693 175694 175695 175696 175697 1-75698 175699 175700 175701 175702 175703 175704 175705 175706 175707 175708 175709 175710 175711 175712 175713 175714 175715 175716 175717 175718 175719 175720 175721 175722 175723 175724. 175725 175726 175727 175728 175729 175730 175731 175732 175733 175734 175735 175736 175737 175738 175739 175740 175741 175742

CK DATE 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 . 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

. 04/27/2006 04/27/2006

· 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04127/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

VENDOR FLORIDA POWER AND LIGHT CHARLES SEMBLER TAX COLLECTOR HOLIDAY INN HOLIDAY INN CHEM-WARE CORP BAG BOY COMPANY APPLIED TECHNOLOGY & MANAGEMENT STATE ATTORNEY AMERICAS HEALTH CHOICE MEDICARE PART B FINANlAL SERVICES !NDlAN RIVER COUNTY COUNCIL ON STATE OF FLORIDA . COMPLETE ELECTRIC INC NATIONAL ASSOC OF COUNTY PARK BARKER ELECTRIC, AIR CONDITIONING AGENCY FOR HEALTH CARE ADMIN · TREASURE COAST SPORTS COMMISSION JANNACH PROPERTIES . BUILDING OFFICIALS ASSOC OF FLORIDA FLORIDA UC F1JND LOS ANGELES DODGERS STEPHENS PUBLISHING CO IND!AN RIVER FARMS WATER CNTRL DIST KAY SP ARROW INC TREASURE COAST MAR1NE OF VERO INC TOTAL PRINT INC HUGH C TURNER CONSTRUCTION INTN'L INC HUGH C TURNER CONSTRUCTION IN1N'L INC AT YOUR SERVICE EDWARD PRIME RENAISSANCE ORLANDO RESORT FLORIDA DEPT OF LAW ENFORCEMENT WEST SIDE REPROGRAPHICS INC HAMPTON INN LAKELAND INTERNA TlONAL CODE COUNCIL INTERNATIONAL CODE COUNCIL MARCO ISLAND RESORT ISLAND TITLE AGENCY DA YID D MERLIN C & C ELECTRIC WORKS INC CAROLINA SOFTWARE INC THREE G'S n'1C DBA THOMPSON TRACTOR .. EAST COAST TRENCHING & SEPTIC TANK SHRIEVE CHEMICAL CO BUSn'1ESS REFERENCE SERVICES KIMBALL MIDWEST TREASURE COAST TITLE AGENCY INC HOLIDAY BUILDERS CONSOLIDATED RESOURCE RECOVERY INC ARCADIS G&M INC SHOWCASE DESIGNER HOMES INC LAKEWOOD VILLAGE RO ASSOC INC INDIAN RIVER INDUSTRIAL FLORIDA SECTION IMSA MRMULCH FLAGLERCONSTRUCTlON EQUIPMENT LLC VERIZON WIRELESS . FLINN CONSTRUCTION FLINN CONSTRUCTION

AMOUNT 98,000.18 7,989.32

297.00 297.00 624.63 511.00

9,631.16 27,843.65

196.60 156.80

78,197.90 1,244.75

677.95 80.00

10,628.00 73.50

3,153.86 1,950.00 1,830.00 1,985.40

500.00 145.00 390.00 440,00

14,480.00 370.00

22,100.00 10,400.00 2,419.88

123.60 570.00

1,012.00 89.70

109.00 100.00 134.00 402.00

83,607.00 17.10

5,034.00 300.00

1,340.00 131.26

2,750.00 1,276.43 2,123.50

101.15 15,100.00

500.00 57,259.23 90,S94.24 25,436.69 69,100.00 81,521.77

850.00 554.62 55.10

2,001.00 3,288.00

10,620.00

6 16

CHECKNBR 175743 175744 175745 175746 175747 175748 175749 175750 l 75751 175752 175753 175754 175755 175756 175757 175758 175759 175760 175761 175762 175763 175764 175765 175766 175767 175768 175769 175770 175771 175772 175773 175774 175775 175776 175777 175778 175779 175780 175781 175782 175783 175784 175785 175786 175787 175788 175789 175790 175791 175792 175793 175794 175795 175796 175797 175798 175799 175800 175801 175802

CKDA'tli: 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/2712006 04/27/2006 04/27/2006 04/27/2006 04/2712006 04/27/2006 04/27/2006 04/2712006 04/2712006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/2712006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

. 04/2712006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/2712006 04/27/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

Vll:NDOR FLINN CONSTRUCTION RAYMOND S BEERS MASON CREST PUBUSHERS SYNAGRO OF FLORIDA-A&J INC BSFS EQUIPMENT LEASING FLINT TRADING INC FLORIDA RURAL LEGAL SERVICES INC FIRE PREVENTION BUREAU RANDOM HOUSE INC BRIDGSTONE GOLF INC SOUTHERN JANITOR SUPPLY INC CHRISTINE KELLY-BEGAZO NEW WORLD SYSTEMS . SANIBEL HARBOUR RESORT & SPA PAK MAIL CENTER 00 MOBILE NOW ELECTRONIC ESSENl'IALS INC BONETA, CONNIE BURGESS MCMAHON ASSOCIATES INC MASTELLER & MOLER INC WHISPERING PALMS MHC LLC AWERBACH & COHN PA TREMBLAY BillLDERS & AS SOCIA TES INC LENA BELL GAITHER DP SERVICE COMMERCIAL CLEANING WESTGATE HOMES INC HILDENBRAND, Bill HARCROS CHEMICALS, INC. . CONSTRUCTION MA TERlALS TARMAC AMER1CA, LLC BARNES INDUSTRIAL PLASTIC PIPING, INC. AMERlCAN LIBRARY SALES STANLEY CONSULTANTS INC THEFIRESTORE.COM ASE/ACT LUCAS MARINE CONSTRUCTION INC JOHN AITKEN QUALlTY 1ST PLUMBING IDEALS PUBLICATIONS GIUSWOLD MACHINE & ENGINEERING INC ROURKE BOOKS MGT OF AMERICA INC BELL CONSTRUCTION & DEVELOPMENI' LLC TAMAR.ON ROU.,B CYNTHIA DELSTANCHES TINA BOWEN IRENE TERESA PARIS DAVID SPURLOCK LINDA ST AMBERGER DANIEL J EDWARDS JOSEPH MCMANUS WENDY SW1NDELL CHARLES W HEATH DEBORAH LONG NEW JERUSALEM IN ITS POWER INC JENNlEFINK JOHN PHILLIP DONALD EVANS DANIEL DENISON VIRGINIA SPENCE

AMOUNT 17,106.00 6,645.00

688.72 7,817.08 5,374.17 2,885.00 5,056.04 3,750.00

800.80 470.40

1,654.79 229.10

11,816.63 675.00 250.60 230.71 20,00 50.00

46,051.34 14,454.10 26,610.00 4,027.84 9,407.00

71.93 900.00

4,800.00 80.93

3,589.61 7,287.09

25,895.85 473.32 830.90

12,688.58 1,460.00

26.00 350,196.70

85.43 217.85

15.63 9,775.73 1,626.60

11,240.00 52,281.34

50.00 50.00

2,156.75 50,00

150.00 20.09 15.08 17,57 50.00 50.00 50.00

55,000.00 105.10 312.50 335.00

76.00 357.50.

7 17

CHECKNBR 175803 175804 ! 75805 175806 175807 175808 175809 175810 175811 175812 175813 175814 175815 175816 175817 175818 175819 175820 175821 175822 175823 175824 175825 175826 175827

Grand Total:

CK DATE . VENDOR 04/27/2006 RAYMOND COOK 04127 /2006 MARJ'ORIE CARRIER 04/27/2006 EDWARD JONES 04127 /2006 JEANETTE SCHA W 04/27/2006 JEANNE BASSETT 04/27/2006 BERNARD BAKER 04/27/2006 KENNETHKIMPORT 04/27/2006 EDNA BAINBRIDGE 04/27/2006 MYRTICE STEWART 04/27/2006 LEGIDO FERNAND 04/27/2006 VIVIANA ARANDA 04/27/2006 AMERNEN INSURANCE 04/27/2006 UNION LABOR 04/27/2006. LUCY MCKEE 04/27/2006 LAUREL SCHULER 04/27/2006 MA TTYE MCMULLEN 0412112006 JOHN MAIN 04/27/2006 MAE MINER 04/27/2006 B O KEEFER 04127 /2006 PEIFFER CONSTRUCTION INC 04/27/2006 FLORIDA STA TE FIRE COLLEGE 04/27/2006 TREES FLORIDA 04/27/2006 NORMAN WITKOWSKl JR 04/27/2006 DOMIN1CK EGGEN 04/2712006 JONA THAN HINKLE

AMOUNT 79.43 68.93 64.51 68.93 60.01 70.43

294.57 62.50 15.64

425.00 200.00 218.75 80.24 70.43 15.0.0 77.50 68.93 77.93

212.50 12,500.00

240.00 365,00 145.45 400.00 400.00

2,972,841.55

8 18

CLERK OF CIRCIDT COURT


TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: MAY 4, 2006

SUBJECT: APPROVAL OF WARRANTS

FROM: DIANE BERNARDO, FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants 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 Clerk to the Board, for the time period of April 28, 2006 to May-4, 2006.

Attachment:

DB:AH

19

CHECKNBR 175828 175829 175830 175831 175832 17583~ 175834 175835 175836 175837 175838 175839 175840 175841 175842 175843 175844 175845 175846 175847 175848 175849 175850 175851 175852 175853 1758.54 175855 175856 175857 175858 175859 175860 175861 175862 175863 175864 175865 175866 175867 175868 175869 175870 175871 175872 175873 175874 175875 175876 175877 175878 175879 175880 175881 175882 175883 175884 175885

CKDATE 04/27/2006 04/27/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/0312006 05/03/2006 05/03/2006 05/03/2006

CHECKS WRITTEN

VENDOR THE GUARDIAN THE GUARDIAN MGB CONSTRUCTION INC MERCEDES HOMES !NC PARK PLACE MHC JACOBS, RANDALL D REGATTA CONSTRUCTION LLC VOUTILA, VEIJO JOHN LLOYD BUILDERS !NC HHVB HOMEBUJLDBRS LLC GHQ VERO BEACH INC BURGOON BERGER CONST CO ST LUCIE DEVELOPMENT CO!U' CERTIFIED BUILDING CORP ADAMSHOMESOFNORTHWESTFLA COOTS, RJCllARD & LORETTA POWELL, GLENN E LENNAR HOMES TOUSA HOMES/DBA ENGLE HOMES GH VERO BEACH DEVELOPMENT LLC MA:RONDA HOMES M-RHOMESLTD SUN CASTLES INC KELLY CONSTRUCTION & DEV INC VERNON, ELIZABETH A TI.ANTIC COAST CONSTRUCITON CHRISTENSON CO INC NAGEL, ROBERT JPG ENTERPRISES INC/MAJESTIC GREEN BROTHERS CONSTRUCTION HATLLC HATLLC SMEYNE, ALAN L & NADJNE MAlLAND HOlDINGS LLP SOUTHERN CLASSIC HOMES LLC HOLIDAY BUILDERS AMER1TREND HOMES OLSEN,GREGORY MOUlDER, BOB NEUWIRTH, WILUAM R & SANDRA VANVALKENBURG, JEREMY CLAlU<, CURTIS W WR1GHT, TANYA SCHNACKY, CORY GREEN, MICHELLE ADAMS, WANDA PARKS RENTAIJ4 ST Mm! STORAGE ABBATE, ROCCO & NANCY BRlCKLES, ROSEL DEVINE DEVELOPMENT CORP GRELLA, ROBERT MIZNER GRANDE BUILDERS NABB, GINA G & RICHARD URE,CLIVE CLARK,COYA WINKELSETH, KENT D ZIMMER, DIANE COTTON, RICHARD & ANN MARIE

AMOUNT 0.00

16,490.74 125.97 282.02

51.67 40.98 87.60 41.72 31.46 62.23

394.08 8.31

49.27 63.99 30.86 29.35

1.17 200.91

57.86 531.86

35.00 · 53.70

96.41 87.09 74.16

345.96 44.03 59.35 85.30 89.92 84.40 84.42 75.44 70.76

253.12 655.47 70.76

5.63 44.83 41.00 30.12 41.87 27.37 55.82 62.93 22.51 79.73 53.66 71.13 38.04 42.38

359.07 60.56 9.68

86.78 73.05 77.87 15.43

20

CHECKNBR 175886 175887 175888 175889 175890 175891 175892 175893 175894 175895 175896 175897 175898 175899 175900 175901. 175902 175903 175904 175905 175906 175907 175908 175909 175910 175911 175912 175913 175914 175915 175916 175917 175918 175919 175920 175921 175922 175923 175924 175925 175926 175927 175928 175929 175930 175931 175932 175933 175934 175935 175936 175937 175938 175939 175940 175941 175942 175943 175944 175945

CKDATE 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006

· 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006

VENDOR HOWER,GlNA DEWES, GII.,MAR BANI< OF AMERICA SKINNER, SHANNON & CLJNTON READ, RANDY & EII.,EEN CARTER, ROBERT ALARCON,ALVARO BLACK, MARTHA S MONTOYA, ANA Lil,IA HAUS,JUDYM MARTIN, GARY & ANITA BURKLEW, PATRICIA BIRCH, ROBERT HARKER, MELVIN & RITA CARLSON, ELIZABETH P & PETER WlNTERS,CRAIG SMITH, APRIL C & JERRY WHITMORE, HOWARD HOFFMAN, ANDREA LYNN,DON BOW, KELLY & KRISTOPHER BAYLES, DENNIS E COLK:!TT, JEROMEY C DAJ:R. MAR1ON P CORCORAN, WILLIAM H CENTEX HOMES CENTEX HOMES ESPOSITO, MICHAEL V BEAUDRY, ROBERT P BUREAU FOR CIDLD SUPPORT ENFOR INTERNAL REVENUE SERVICE ACS CHAPTER13TRUSTEE VB FIREFIGHTERS ASSOC IR FEDERAL CREDIT UNION COMPBENEFITSCOMPANY COLONIAL LIFE & ACCIDENT INS CO AMERICAN FAMlL Y LIFE ASSURANCE CO SALEM TRUST COMPANY SAN DIEGO COUNTY OFFICE OF THE PENNSYLV ANJA SCDU NEW JERSEY FAMILY SUPPORT CENTER ANTHONETI VIRGO AND/OR INDIAN RIVER CO BOCC ASSET ACCEPTANCE LLC U.S. DEPAR1MENT OF EDUCATION ADMlN FOR CHJLD SUPPORT ENFORCEMENT DIVERSIFIED COLLECTION SERVICES, INC TAR.GET STORES . ADRON FENCE COMPANY lNC EVERGLADES FARM EQUIPMENT CO INC ALL POWER SERVICES INC PORT CONSOLIDATED lNC DON REID FORD PRAXAIR DISTRIBUTION SOUTHEAST GENERAL GMC TRUCK SALES & SERVICE GOODKNIGHT LAWN EQUIPMENT INC· AUTO SUPPLY OF VERO BEACH INC AUTO SUPPLY OF VERO BEACH INC COMMUNICATIONSIN'I'ERNATIONAL SOUTHERN SEWER EQUIPMENT SALES

AMOVNT 29.31 43.21

203.71 47.10 41.78

6.41 23.46 28.27 85.30 41.33 45.91 12.SO 32.66 35.67 25.69 75.87 84.41 42.72 16.76 40.11 33.92 41.68 63.31 74.32 67.52

104.80 74.42 87.70 29.98 92.31

125.00 2,400.43 3,750.00

70,191.10 529.96 152.79 107.86 212,81 132.25 350.77

50.00 S0.00

5,084.14 100.00 194.63 299.36 120.18 86.49 20.00

766.59 250.00

37,528.03 18,455.00

376.83 263.67

1,350.68 795.32 924.56 379.25

96.72

2 21

ClIECKNBR CK DATE VENDOR AMOUNT 175946 05/04/2006 RANGER CONSTRUCTION lND INC 463,426.20 175947 05/04/2006 VBRO CHE}.flCAL DISTRl8lJTORS INC 1,417.90 175948 05/04/2006 MARTINS LAMAR UNIFORMS 57.18 175949 05/04/2006 SCOTIS SPORTING GOODS 2,921.40 175950 05/04/2006 MATRXMEDICALINC 1,421.74 175951 05/04/2006 NORJHSOUTIISUPPLY 55.10. 175952 05/04/2006 VELDE FORD INC 249.02 175953 05/04/2006 LIGHT SOVRCE BUSINESS SYSTEMS 494.00 175954 05/04/2006 COASTAL GRAPHICS 680.25 175955 05/04/2006 SUPERIOR PRINTING 157.20 175956 05/04/2006 DICKERSON AGGREGATES INC . 966.92 175957 05/04/2006 ZERO AMMl.JNlTION COMP ANY INC 414.42 175958 05/04/2006 SERVICE REFRIGERATION 300.85 175959 05/04/2006 COLD AIR DISTRIBUTORS WAREHOUSE 507.47 175960 05/04/2006 E-Z BREW COWEE & BOTTLE WATER SVC 118.50 175961 05/04/2006 INDIAN RIVER BATTERY 266.06 175962 05/04/2006 KELLY TRACTOR CO 333.89 175963 05/04/2006 FLOWERS BAKING COMPANY 162.89 175964 05/04/2006 FLORIDA COCA-COLA BOTTLING CO 1,263.58 175965 05/04/2006 SOUTHERN EAGLE DISTRIBUTORS INC 538.55 175966 05/04/2006 WILLIAM nnES & SONS INC 303.55 175967 ' 05/04/2006 ALPHA ACE HARDWARE 15.22 175968 05/04/2006 ACTlON ANSWERING SERVICE 599.33 175969 05/04/2006 BBC AUDIOBOOKS AMERICA 173.17 175970 05/04/2006 INGRAM LIBRARY SERVICES INV 12.97 175971 05/04/2006 Ml'.KES GARAGE & WRECKER SERVICE 110.00 175972 05/04/2006 SERVICE CHEVROLET INC 64.79 175973 05/04/2006 HACH CO 846.20 1(5974 05/04/2006 SYSCO FOOD SERVICE 1,276.54 175975 05/04/2006 DATA SUPPLIES INC 141.62 175976 05/04/2006 ABS PUMPS 2,012.18 175977 · 05/04/2006 NUCO2INC 17.85 175978 05/04/2006 G~TIME 11,231.41 175979 05/04/2006 LEAHYlNC 2/.il0.80 175980 05/04/2006 NATIONAL WATERWORKS 14,105.83 175981 05/04/2006 PETES CONCRETE 450.00 175982 05/04/2006 ALL-RITE WATER CONDffiONING 220.50 175983 05/04/2006 VERO BEARING & BOLT 29.00 175984 05/04/2006 BRODART VIDEO· 200.00 175985 05/04/2006 ACE PLUMBING INC 87.00 175986 05/04/2006 ELPE:X:INC 6.00 175987 05/04/2006 FIRESTONE TIRE & SERVlCE 115.66 175988 05/04/2006 ST LUCIE BATTERY & TIRE CO 18.95 175989 05/04/2006 ECOLOGICAL ASSOCIATES INC 21,582.00 175990 05/04/2006 SOLINETINC 373.51 175991 05/04/2006 CARTER ASSOCIATES INC 3,932.24 175992 05/04/2006 FLORIDA FLOOR FASHIONS INC . 644.00 175993 05/04/2006 ATLANTIC COASTAL TITLE CORP 75.00 175994 05/04/2006 ATLANTIC COASTAL TITLE CORP 50,000.00 175995 05/04/2006 ARMFIELD WAGNER APPRAISAL INC 3,000.00 175996 05/04/2006 BREVARD BOILER 1,037.80 175997 05/04/2006 F V CASANO ELECl'RlCAL CONTRS INC 612.86 175998 05/04/2006 HILL MANUFACTURING CO INC 536.40 175999 05/04/2006 HAGEMEYER 345.64 176000 05/04/2006 XEROX CORP SUPPLIES 1,459.53 176001 05/04/2006 CAR.QUEST AUTO PARTS 9.41 176002 05/04/2006 GOODYEAR AUTO SERVICE CENTER 102.66 176003 05/04/2006 BLAKESLEE MAINTENANCE 475.00 176004 05/04/2006 BAKER& TAYLORENTERTAINMENr 3,609.96 176005 05/04/2006 BAKER & TAYLOR ENTERTAINMENT 172.10

3 22

CHECKNIIR 176006 176007 176008 176009 176010 176011 176012 176013 176014 176015 176016 176017 176018 176019 176020 176021 176022 176023 176024 176025 176026 176027 176028 176029 176030 176031 176032 176033 176034 176035 176036 176037 176038 176039 176040 176041 176042 176043 176044 176045 176046 176047 176048

· 176049 176050 176051 176052 176053 176054 176055 176056 176057 176058 176059 176060 176061 176062 176063 176064 176065

VENDOR COMPUTYPE !NC ARAMARK UNIFORM SERVICES LOWESCO!NC DOWNTOWN DISCOUNT PRODUCE!NC ODYSSEY MANUFACTURING CO SOUTHERN COMPUTER WAREHOUSE JAME.ISON PUBLISHERS FIRSTLAB BAKERDIBTRIBUT!NGCO OFFICE PRODUCTS &: SERVICES INC NORTRAX EQUIPMENT CO RELIABLE POLY JOHN SEBASTIAN OFFICE SUPPLY CO FLORIDA TIRE RECYCLING INC BOYS &: GIRLS CLUB OF INDIAN WOLF'S HEAD BOOKS ASHWORTH INC CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH

. APPLE MACHINE & SUPPLY CO

CK DATE 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006. 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 · 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006

FLORIDA DEPARTMENT OF BUSINESS AND INDIAN RlVER COUNTY SHERJFF INDIAN RIVER COUNTY SHERlFF INDIAN RIVER COUNTY INDIAN RIVER COUNTY KEITII WALKER JANITORIAL DEPOT OF AMERICA BELLSOUTH BElLSOUTH PUBLIX PHARMACY PUBLIX PHARMACY PUBLIX PHARMACY ARTHUR J GALLAGHER&: COMPANY VERO BEACH HIGH SCHOOL WALMART MARRIOTTFTLAUDERbALENORTH INDIAN RIVER COUNTY UTILITY SERVICE INDIAN RIVER COUNTY UTILITY SERVICE TOTAL TRUCK PARTS FOOTJOY INTERNATIONAL GOLF MAINTENANCE AQUAGENIX DUMONTCOMPANY,INC OFFICE DEPOT BSD CUSTOMER SVC CHAMBER OF COMMERCE WEST PAYMENT CENTER ARTS & CRAFTS SHOW BUSINESS KMART COMO OIL COMP ANY OF FLORIDA KlLP ATRlCK TURF EQUIPMENT INC THOMSON I GALE CITY OF SEBASTIAN NEXTEL COMMUNICA TlONS NEXTEL COMMUNICATIONS CORPORATION OF THE PRESIDENT CALLAWAY GOLF ROSEN CENTRE HOTEL FLORIDA POWER AND LIGHT SCHLITT BUILDERS JNC

AMOUNT 1,961.03

520.75 709.43

59.10 22,828.00

755.80 850.00 149.00 430.93 50.80

3,679.61 313.35

64.98 2,776.66

10,843.25 624.00 680.32

3,777.68 1,928.14

28,580.00 9.00 .

69.12 30.00 .

39,127.29 62,145,24 3,238.82

360.00 1,357.57

41.60 583.11 90.00 37.85 30.95

7,447.00 100.00 179.48 460.00 674.47

11,138.00 73.56

109.72 83,007.67

293.00 1,038.25

185.86 51,521.22

192.00 12.00 89.99

475.94 76.50

618.64 439.32

83.41 413.42

27.50 35.00 99.00

5,457.14 1,000.00

4 23

CHECKNBR 176066 176067 176068 176069 176070 176071 176072 176073 176074 176075 176076 176077 176078 176079 176080 176081 176082 176083 176084 176085 176086 176087 176088 176089 176090 176091 176092 176093 176094 176095 176096 176097 176098 176099 176100 176101 176102 176103 176104 176105 176106 176107 176108 176109 176110 176111 176112 176113 I 76114 176115 176116 176117 176118 176119 176120 176121 176122 176123 176124 176125

CKDATE 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2,006 05/04/2006 05/04/2006 05/04/2006 05/04/2006

VENDOR SHELL CREDIT CARD CENTER 1TILEIST JAMES D GRAY JR LOWTBERS CREMATION SERVICES lNC LYNNWALSH APPLIED TECHNOLOGY & MANAGEl\:IBNT GIFFORD YOUTH ACTIVITY CENTER VETERANS COUNCIL OF l RC TERESA FIELER FIRST NATIONAL BANK ELITE TITLE CHILBERG CONSTRUCTION CO INC WASTE MANAGEl\:IBNT MTWROOFING FLORIDA DEPT OF ENVIRONMENT AL BARKER ELECTRIC, AIR CONDITIONING BARKER ELECTRIC, AIR CONDffiONING AGENCY FOR HEALW CARE ADMIN ANDREW WORRY BRENDA DA VIS COX GIFFORD FUNERAL HOME CITGO PETROLEUM CORPORATION BUILDING OFFICIALS ASSOC OF FLORIDA INDIANRNERCOUNTYHEALTHYSTART HUMANESOCIETYOFVEROBEACH FLORIDA DEPT OF HEAL TI! SALEM PRESS RELIABLE JONATHAN GORHAM MICHAEL OBRlEN INDIAN RNER FARMS WATER CNTRL DIST DEMARCUS HAR,RIS NANCY PARKER. DENNIS MITCH WADSWORTH KIMBERLY E MASSUNG HUGH C TURNER CONSTRUCTION INTN'L INC HUGH C TURNER CONSTRUCTION INTN'L INC AT YOUR SERVICE RENAISSANCE ORLANDO RESORT RENAISSANCE ORLANDO RESORT BETROCK INFORMATION SYSTEMS WEST SIDE REPROGRAPHICS INC LYNNE S GAGNON BROWN & CALDWELL IDEA GARDEN ADVERTISING FLORIDA TODAY PAYMENT CENTER ALLIANCE TITLE OF THE EAST COAST ABBIVOSE C & C ELECTRIC WORKS INC FLORIDA DEPT OF BUSINESS & PROF SANDRA GEBERT CAROLINA SOFTWARE INC MA.RlON MASTERSON GCR TIRE CENTERS US BIOSYSTEMS lNC HOLIDAY BUILDERS BUlLS EYE NEWS DEP ARTMBNT OF BUSlNESS REGULATION HULETT ENVIRONMENTAL SERVICES FLINN CONSTRUCTION

AMOUNT 107.67

1,501.11 73.08

300.00 128.50

8,335.19 21,614.48 4,455.04

218.80 500.00

10.58 371,862.00 362,821.71

4,060.00 250.00 670.00

1,575.00 55,306.64

360.00 5.80

900.00 3,180.91

500.00 4,011.78

26,040.00 25.00

175.95 3,652.31

130,20 194.83 250.00 120.00 240.00 228.00

12.47 10,500.00 15,475.00 1,003.13

500.00 625.00 79.95

102.92 710.00

3,150.40 1,981.95

195.00 30,000.00

19.72 3,933.00

72.00 8.12

200.00 24.76

821.16 6,459.00

665.58 15.00

548.00 75.00

9,948.00

24

CHECKNBR 176126 176127 176128 176129 176130 176131 176132 176133 176134 176135 176136 176137 176138 176139 176140 176141 176142 176143 176144 176145 176146 176147 176148 176149 176150 176151 176152 176153 176154 176155 176156 176157 176158 176159 176160 176161 176162 176163 176164 176165 176166 176167 176168 176169 176170 176171 176172 176173 176174 176175 176176 176177

Grand Total:

CKDATE 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 . 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/04/2006

VENDOR FLINN CONSTRUCTION FLINN CONSTRUCTION CREECH ENGINEERS lNC JEAN PETERS PYE BARKER FIRE AND SAFETY CONTROL SYSTEMS DESlGN rN'C PATRICIA LESTER LIFE SAFETY SYSTEMS INC TEAM AUTO GLASS lNC RANDOM HOUSE lNC cmCAPITAL COM:MERC!AL CORPORATION PARGAS . GlLBARCONEEDER-ROOT JMP SOLUTIONS, lNC. HEA TIIER PAQUETTE DAVIDSILON HARCROS CHEMICALS, INC. TARMAC AMERICA, llC DA V1D YORESH JENNIFER DENNlNG ALLIED BUILDING PRODUCTS CORP BETTY BEATTY-HUNTER KARA SCHMIDT LENK CONSTRUCTION LLC RICHARD W DRENNING JOSHUA PAUL WORLD ELECTRIC SUPPLY TIMOTilY SCANNELL ANDREW SELOGY · SANDRA BACHMANN LARRYBROWN BETHEL MARlNE ELECTRONICS IDEALS PUBLICATIONS STANBERRY, MARLENE ATLANTIC TITLE lNC ARCH ALUMINUM KALIBBIA PAGE JONATHAN HINKLE LA.KB TECH INSTITUTE OF PTJBLlC SAFETY GEORGE APPLEBY ORLANDO HOUSING AUTHORITY CATIIERINE RICHARDSON ALLSTATE WASTE CONTROL JAJ\.:IES R MAXWELL SHERRAL SMITH VALERIE PAR.KBR

. SANDPIPER PEST CONTROL PROTEC OF TIIE TREASURE COAST CORNELIUS ELECTRICAL CONTRACTORS PATRlCIA MCNAM:EE ZAMBELLI LEONA SMALLWOOD STEPHANlE NADAL

AMOUNT 12,060.00 12,250.00 6,512.40

120.00 62.01

5,624.00 175.00

1,303.10 475.00 654.57

7,097.32 921.00 499.00

3,262.50 150.00 64.00

6,210.63 652.41

15.13 120.00

191,977.92 74.18

400.00 8,556.00

58,00 14.67 14.34

500.00 500.00 27.84 40.78

288.95 133.37 73.96 4.00

39,423.07 156.00 500.00

14,242.00 500.00

17.70 500.00 73.29

10,899.99 50.00 50.00 70.00

30,000.00 1,500.00

50.00 819.35 667.83

2,442,585.68

6 25

CONSENT AGENDA May 16, 2006

To:

Date:

Subject:

From: •

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

May 2, 2006

Appointment to the Tourist Development Council (TDC)

Arthur R. Neuberger, Chairman

1})

With the resignation of Mr. Rich Nalbandian on March 7, 2006, there is a vacancy for an Owner/Operator Tourist Accommodations on the Tourist Development Council (TDC). I recommend the appointment of Mrs. Sheryl Koenes as this member. Sheryl is the General Manager of the Disney's Vero Beach Resort and Disney's Hilton Head Island Resort as well as the Director of Operations Integration at Walt Disney World.

TDC members serve a two year term and her term would expire in January 2007.

ARN/drv

Attachments - Application for Committee Appointment Sheryl Koenes Resume

F:IBCCIAgenda ltems\2006\Appoinlments & Resignatl0ns\TOC-S Koenes Appolntmantdoc

26

INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT

.. ···-·· -----··-- ----· ""·- .. , .. .,,,, .. ···----------------·-----·---·-- ~ ... , .. , ........ , ...... ----·-------· ·······--· ~---···----.. --.. ·----······-- -·-·· .... ' ,,. ,. - ·-. ·•····

DATE:. ___ ,April 10, 2006 ________ _

NAME: __ .Sheryl ________ L..S. ______ -'Koenes ____ _

First M.l. Last Name

ADDRESS:. ___ 68 Joy Haven Drive, Sebastian, FL 32958. ______ ~_

HOME PHONE#:

BUSINESS PHONE#: _772-234-2020 ____ _

CELL PHONE#: _321-388-2944 ___ .c...__

. E-!Y[AIL: __ __:[email protected]'-------------

HOW LONG HA VE YOU BEEN A RESIDENT OF INDIAN RIVER COUNTY?_6 months

ARE YOU A FULL TIME OR PART TIME RESIDENT? (CIRCLE ONE) ,

PLEASE LIST CURRENT EMPLOYER OR BUSINESS. IF RETIRED, PLEASE LIST ANY BUSINESS EXPERIENCE THAT MAY BE APPLICABLE TO A SPECIFIC COMMITTEE:

_General Manager, Disney's Vero Beach Resort and Disney's Hilton Head Island Resort

_Director Operations Integration, Walt Disney World ____ _

'' PLEASE LIST ANY LICENSES YOU PRESENTLY HOLD:. _________ _

C:\Documents and Settings\darcyv\Local Settings\Temporary Internet Files\OLK4\Cornrnittee Application (2).doc ·

27

PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE CURRENTLY A l\1EMBER:

·······-···-- .. , .................................... .

PLEASE LIST ANY OTHER CO:MM:ITTEES OR BOARDS you CURRENTL y SIT ON:·

PLEASE PUT A "X" NEXT TO THE CO:MM:ITTEE YOU WOULD LIK.E TO SERVE ON. IF YOU ARE INTERESTED IN MORE THAN ONE, PLEASE NUMBER YOUR CHOICES IN ORDER OF PREFERENCE:

AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE

BOARD OF ZONING ADJUSTJ\1ENT

CHILDREN'S SERVICES ADVISORY COMMITTEE

CODE ENFORCEMENT BOARD

COMMUNITY DEVELOPJ\1ENT BLOCK GRANT

CITIZEN ADVISORY TASK FORCE

CONSERVATION LANDS ADVISORY COMMITTEE

CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS

ECONOMIC DEVELOPMENT COUNCIL .

ECONOMIC OPPORTUNITIES COUNCIL (STATE COMMITTEE)

EMERGENCY SERVICES DISTRICT ADVISORY CO:tv.r:11:ITTEE

ENTERPRISE ZONE DEVELOPMENT AG;ENCY

ENVIRONMENTAL CONTROL HEARING BOARD

HISTORIC RESOURCES ADVISORY CO:MM:ITTEE

INDIAN RIVER COUNTY EXTENSION ADVISORY COUNCIL

LAND ACQUISITION ADVISORY CO:MM:ITTEE MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE

C:\Documents and Settings\darcyv\Local Settings\Temporary Internet Files\OLK4\Committee Application {2).doc

.

28

METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMM.

NORTH BARRIER ISLAND CORRIDOR PLAN TASK FORCE

PARKS AND RECREATION COMMITTEE · ..

PLANNING & ZONING COMMISSION

PRIMARY CARE/PUBLIC HEALTH COMMITTEE

PROFESSIONAL SERVICES ADVISORY COMMITTEE

PUBLIC LIBRARY ADVISORY BOARD

· STATE ROAD 60 ONGOING REVIEW TASK FORCE

TOURlST DEVELOPMENT COUNCIL X

TREASURE COAST REGIONAL PLANNING COUNCIL-

COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ..

UTILITY ADVISORY COMMITTEE WABASSO CORRIDOR PLAN ONGOING REVIBW TASK FORCE

Please return completed application, along with a current resume, to Kimberly Massung at 1840 2s0• Street, Vero Beach, FL 32960-5965. Any questions, please call 772-226-1433,

F:\BCC\Fonns\Comroittee Application.doc Revised: 06-21-2005

C:\Documents and Settings\darcyv\Local Settings\Temporary Internet Fi!es\OLK4\Committee Application (2).doc

29

May 2, 2006

"'·----·-----=s~heryl Koenes___ ····---·····--····-~-----·•"'' ________ ..... __________ .

General Manager, Disney's Beach Resorts

Sheryl has been in the Tourism Industry and _with Walt Disney World for over 25 years. Her experience includes the opening Business Manager of Disney's All-Star Resort, which is the largest Walt Disney World Value Resort and a new entry into this business segment for the Walt Disney Company. In 1996, she was the opening Business Manager for Disney's BoardWalk Resort, the first Walt Disney World Resort which combined a -Premium Resort, Vacation Club, and Entertainment District.

Sheryl became the Manager of Disney's Resort Call Center in 2000, leading the team.which communicates with over 35,000 Guests per day. In 2003, Sheryl led the Operations Team of Magical Gatherings at Walt Disney

. World, focusing on enhancing large party attendance and experiences at Walt Disney World. In 2004, Sheryl was promoted to Director of Operations Integration. This team focuses on Guest Communication, Emergency Operations Coordination, and the implementation of Corporate driven initiatives.

Sheryl and her husband, Tom, relocated to Sebastian, Florida in August of 2005. She is currently the General Manager of Disney's Beach Resorts, leading the Resort teams of Disney's Vero Beach Resort and Disney's Hilton Head Island Re.sort. Sheryl is focused on enhancing both Guest

· Service at the resorts and the Cast Members commitment to community involvement.

30

To:

Date:

Subject:

From:

CONSENT AGENDA May 16; 2006




Maya, 2006

Appointment to the Tourist Development Council (TDC}


1G

The City of Vero Beach has requested their 2006 appointment to the Tourist Development Council be changed from Mayor Tom White to Councilmember Debra Fromang.

ARN/drv

Attachments E-mail from Vero Beach City Clerk, Tammy Vock

F:\BCC\Agenda llems\2006\Appoinlments & R.esignations\TDC-Whlte to Fromang Appoin1rnenldoo

31

Fage 1 of 1

Darcy Vasilas

From: Vock, Tammy [[email protected]]

Sent: Monday, May 08, 2006 2:16 PM

To: Darcy Vasilas

Subject: RE:. Request

Darcy:

Would you please add Councilm.ember Debra Fromang's and remove Mayor Tom·White as the representative from the City serving on the Tourist Development Council.

I appreciate your help in this matte.r.

Sincerely,

Tammy K. Vock, MMC City Clerk

-·---Original Message-----From: Darcy Vasilas [mailto:[email protected]] Sent: Monday, May 08, 2006 2:05 PM To: Vock, Tammy Subject: Request

Tammy,

Sherrie just called to change the Tourist Development Council appointee from the City of Vero Beach from Tom White to Debra Fromang. ·

.could someone send me an e-mail or a fax requesting the change? I have to do a BCC agenda item making the change and need backup.

Thanks!

Darcy Vesi/as, Staff Asst. IV sec Office 226-1442 (Phone) 770-5334 (Fax)

1::' ,~ ,,., /'\f'\L: 32

To:

Date:

Subject:

From:




May 8, 2006

CONSENT AGENDA MAY 16, 2006

?r

Appointment of Alternate on the Land Acquisition Advisory Committee {LAAC)

Kimberly Massung Executive Aide to the Commission

This is to notify the Board that Kathleen Schulke was appointed by the Indian River Land Trust to be Toni Robinson's alternate on the Land Acquisition Advisory Committee! replacing Ken Grudens.

KEM/vp

Attachment: May 2, 2006 letter from John Orcutt, President, Indian River Land Trust

F:IBCC\Agonda Hems\2006\Appolnlments & Rosignations\LAAC·Kathleon Schulke Appointment (altemate).doo

33

H.J\/tR Lr~f\Jt). l R.LL:,,r· 350 U.S. Highway I. Vero Beach. Florida 32962 • 772.794.0701 • Fax, 772.794.0602

May 2, 2006

DISTRIBUTION LIS~l Commi11ioner1J,;:,. /IP<' Administrator ___ _

M~mey ---- , Comm1111ity Oov. £r,{.t;?M{,~

Mr. Arthur R. Neuberger, Chairman Indian Rlver County Board of County Commissioners 1840 25 th Street Vero Beach, FL 32960

Re: LAAC Member Alternate

Dear Chairman_Neuberger:

Emerg. Smites ---·

Generol Services ---· Humon Resource: ---OMB Pubii( Works ___ _

Re(reotion ----· Utllili~s Servi(es __ _

Other 1/.).',;;l;:, £-tad,

This letter is to request a change to the Indian River Land Trust's alternate voting member to the Land Acquisition Advisory Committee (LAAC).

On behalf of the Indian Rlver Land Trust, I am designating Kathleen Schulke, a member of IRL T's Board of Directors, to be so named as alternate to LAAC fat the Land Trust.· With the County's approval, Ms. Schulke will replace Ken Grudens. Toni Robinson will remain as the Land Trust's primary representative to LAAC.

If you have any questions, please call me at 562-6561. Thank you.

RECEIVED MAY 4 2006

BOARD OF COUNTY COMMISSION

34

CONSENT AGENDA MAY16,2006

To:

Date:

Subject:

From:

INDIAN RIVER COUNTY BOARD OF COUNTY COM:MISSIONERS



May 10, 2006

RESOLUTION OF SUPPORT FOR THE MARINE RESOURCES COUNCIL

Kimberly E. Massung Executive Aide to the Commission

f•·"f t:. . .. I ri'.'.5""'

At the Board meeting .on May 2, 2006, the Board directed the County Attorney to prepare a resolution of support for the Marine Resources Council for them to submit with their application to the Florida Communities Trust to purchase land within the St Sebastian Greenway. The application and resolution had a submittal date of May 10, 2006. ·

The resolution is attached for information only. No Board action is required.

Attachment - Resolution 2006-063

!ldm

F:\BCC\Agenda ltems\2006\Massung•MRC Resolution.doc

35

RESOLUTION NO. 2006-063

A · RESOLUTION OF· THE · BOARD · OF · COUNTY CbMtviiSSIONERS ' oi::'·· 'll\lDIAN .... RIVER'. ·coUNrY:-· ·- IN SUPPORT OF THE MARINE RESOURCES COUNCIL'S APPLICATION FOR A GRANT TO PURCHASE PROPERTY ALONG THE ST. SEBASTIAN RIVER.

WHEREAS, the Marine Resources Council of East Florida (MRC) is applying for a Florida Communities Trust (FCT) Florida Forever grant to purchase property along the St. Sebastian River watershed area and to remove exotics in the area; and

WHEREAS, the property to be purchased lies within the boundaries of Indian River County; and

WHEREAS, the purchase and management of the property will inure to the benefit of the residents of Indian River County, as well as visitors to the county, and will further the public interest; and ·

WHEREAS; in order for MRC to give FCT reasonable assurances that it can do the project and manage the site in perpetuity, it is necessary for the County to pledge to carry out MR C's obligations if MRC should fail; ·

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The Board of County Commissioners of Indian River County fully supports the MRC grant application to purchase certain property along the St. Sebastian· River Watershed area_ in Indian River County and for the removal of all exotics from the purchased property. ·

2. As a demonstration of its support, and pursuant to Section 9K-7.003(10), Florida Administrative Code, the County hereby pledges to take over all responsibilities of MRC related to the grant and agrees to manage the Project Site pursuant to the terms and conditions outlined in the FCT grant application in the event that MRC is unable to carry out its responsibilities for any reason.

3. The County is willing to be named as a co-signer on the Grant Award Agreement and provide any other assurances to FCT as deemed necessary to adequately protect the public interest. In the event that MRC can no longer hold title to the · propei'l.y;-tneCe5unty-ts-willing-tinrcceptiitle·to'the-property.-

The resolution was moved for adoption by Commissioner Wheeler, and the motion was seconded by Commissioner Davis, and, upon being put to a vote, the vote was as follows:

36

..... · ·~, ,,.

RESOLUTION NO. 2006-063

Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Thomas S. Lowther Commissioner Wesley S. Davis Commissioner Sandra L Bowden

Aye Aye Aye Aye Aye

The Chairman thereupon declared the resolution duly passed and adopted th.is 2nd day of May, 2006. · ·

Attest: J. K. Barton, Clerk

.By~k

Approved for form and legal sufficiency:

Anli~~ William K. e raa Assistant County Attorney

INDIAN RIVER COU TY, FLORIDA by its Board of C ty ommissioners

2

37

c:..o "1 SE J\.l't

PROCLAMATION DESIGNATING MAY 10, 2006

AS WORLD LUPUS DAY

WHEREAS, Lupus is an autoimmune disease that causes tissue and organ damage to any organ in the body and, in some cases, death; and

WHEREAS, more than five million people worldwide suffer the devastating effects of this disease and each year over ! 00,000 people are newly diagnosed with lupus, the great majority of whom are women of child-bearing age; and

WHEREAS, medical research efforts into lupus and the discovery of safer,-more effective treatments for lupus patient are under-funded in comparison with diseases of comparable magnitude and severity; and

WHEREAS, many physicians worldwide are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment, arid there is a deep, unmet need to educate an.d support individuals and families affected by lupus and increase awareness in communities worldwide of the debilitating impact of this disease.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 10, 2006 is hereby designated as World Lupus Day in Indian River County.


BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COU il'Y, FLORIDA

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

OFFICE OF MANAGEMENT AND BUDGET

TO: Members of the Board of County Commissioners

DATE: May 1, 2006

SUBJECT: GIFFORD YOUTH ACTIVITY CENTER, INC. REQUEST FOR REIMBURSEMENT

CONSENT AGENDA

~rr:

LEASE AGREEMENT - MAINTENANCE AND REP AIRS

FROM: Jason E. Brown Director, Management & Budge

BACKGROUND

The Budget Office has received. a request from the Gifford Youth Activity Center, Inc., (GY AC) for reimbursement from the Renewal and Replacement Fund to cover the costs of lighting repairs at the GY AC in the amount of $2,076.23, The Lease Agreement dated November 19, 2002, between the Board of County Commissioners and Gifford Youth Activity Center, Inc., established a Renewal and Replacement Fund, (paragraph 13,B) which stated that for each fiscal year, five percent of the County's contribution to the Tenant's operating budget shall be retained by Landlord and held in reserve by Landlord in this fund for repairs to the GY AC,

Section 8 of the Agreement, states that the Landlord's Renewal and Replacement Fund may be drawn upon for needed repairs with the Board of County Commissioner's approval.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve reimbursement to the Gifford Youth Activity Center to cover lighting repair costs at the GY AC in the amount of $2,076.23.

ATTACHMENT

Invoice from GYAC

APPROVED AGENDA ITEM:

BY: _________ _ Joseph A. Baird County Administrator

FOR: May 16, 2006

Indian River Coun Date

Administrator

Risk Mana ement

39

Sold to

Account GIFFORDY

lli:Un SERVICE SERVICE

GIFFORD YOUTH CENTER 4875 43 AVENUE VERO BEACH, FL 32967

Complete Electric, Inc. P.O.Box2272

Vero Beach, fl 32961

(772) 388-0533

$hip to

SERVICE05

E,Q, Num Ship Vla Ship Ps1t!il Tem1s Neto·

ouantill! , 1

Description REPAIRED'POLE LIGHTS. FUEL SURCHARGE

• means item is non-taxable

Invoice: 1322c

Invoice Q.a!§ E!!ru

12/28/2005 1

Unit Price

1937.60 3.00

Subtotal

Extended ~

1,937.60 a.oo•

1,940.60

Tax 135.63

Total $2,076.23

·40.

INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Joseph A. Baird County Administrator

FROM: Sasan Rohani, AICP 4 ~ Chief, Long-Range Planning

DATE: May 4, 2006

CONSENT

SUBJECT: REQUEST FOR AUTHORIZATION FOR TilB COMMUNlTY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE APPROPRIATE STATE HOUSWG INITIATIVES PARTNERSHIP (SHIP) AND HURRICANE HOUSWG RECOVERY (HHR) AGREEMENTS

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 16, 2006. ·

BACKGROUND

Currently, Indian River County provides• affordable housing to very low, low, and moderate income households through several different affordable housing programs. These programs include:

• State Housing Initiatives Partnership Program (SHIP) • Co=unity Development Block Grant (CDBG) Housing Rehabilitation Program • HOME Again Program • Hurricane Housing Recovery (HHR) Program

Much of the SHIP and/or HHR funding is provided as loans given to individual very low, low, or moderate income households. At the time of loan closing, applicants must sign promissory notes and mortgage documents.

1 41

On occasion, loans are provided to non-profit organizations or private developers to provide affordable housing to county residents. An example of this is the loan approved for the Indian River County Housing Authority for rehabilitation of the Orangewood and Victory Park projects. Another example is the commitment given to Habitat For Humanity to purchase land for building affordable housing units in the Oslo area. For these types of loans, recipients must sign agreements with the county, indicating that they understand and meet the SHIP and/or HHR program requirements.

ANALYSIS

According to the county's Local Housing Assistance Program, loan applications are reviewed by staff and then approved by the County Loan Review Committee. The Loan Review Committee consis.ts of a County Commissioner, the Community Development Director, and a financial institution representative. Prior to disbursement of funds, however, an applicant must enter into an agreement with the county. This agreement and accompanying documentation is administrative in nature. The agreement identifies the amount of the loan and the responsibilities of the applicant and the county.

To expedite Uris process, it would be beneficial if the Community Development Director or his designee could sign this type of agreement which does not require the attention of the Board of County Commissioners.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached Resolution, which authorizes the Community Development Director or his designee to sign SHIP and/or HHR agreements.

Attachment:

1. Resolution Authorizing The Community Development Director Or His Designee To Sign SHIP and/or HHR Agreements

Indian River Co. Approved Date

Admin. Approved Agenda Item:

Legal

Budget

Dept.

Risk Mgr.

F:\Comm\l.nity Oevclopmcnt\Us!!:ni\SHIP\HOUSING\Hous0506\SHIP .. HHR CDD Authorization.doc

2 42

RESOLUTION NO 2006-__

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR OR ms DESIGNEE TO EXECUTE STATE HOUSING INITIVES PARTNERSHIP (SHIP) AND HURRICANE HOUSING RECOVERY (H.HR) AGREEMENTS WITH APPLICANTS APPROVED BY THE AFFORDABLE HOUSING LOAN REVIEW COMMITTEE. .

WHEREAS, the Board of County Commissioners of Indian River County, Florida has

established an Affordable Housing Program which sets forth the procedures for administering the

SHIP and HER Programs; and

WHEREAS, persons, agencies, firms, or builders approved for SHIP/ HHR loans by the loan

review committee must sign an agreement indicating that they understand and meet the SHIP and/or

HHR requirements; and

WHEREAS, such agreements·and accompanying documentation are administrative in nature

and do not require ihe attention of the Board of County Commissioners;

NOW, THEREFORE, BE _IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Indian River County

Co=unity Development Director or his designee is hereby delegated authority to execute any and

all agreements needed with respect to SHIP and HHR Affordable Housing loans.

This resolution was moved for adoption by Commissioner _______ _,_

and the motion of seconded by Commissioner ______ _. and, upon being put to a vote

as follows:

1

43

lmSOLUTION NO 2006- __ _

Chairman, Arthur R. Neuberger

Vice Chairman, Gary C. Wheeler

Commissioner, Wesley S. Davis

Commissioner, Thomas S. Lowther

Commissioner, Sandra L. Bowden

The Chairman thereupon declared the resolution duly passed and adopted this _ day of

______ __, 2006.

Attest by: _______ _ Jeffrey K. Barton, Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY: . u:ft!f /dtw1 M/'William K. DeBraal I - Assistant County Attorney

Board of County Commissioners of Indian River County

By: Arthur R. Neuberger, Chairman

!':\Community Developmont\Uscrs\SHJPINEW FY DOCS\FY2006·2007'Resolution No. 2006-SatisfactionMortg.doc

2

44

DATE:

TO:

THROUGH:

FROM:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

April 26, 2006

BOARD OF COUNTY COMMISSIONERS


Thomas F\~• Gener , irector

· Erik Olson~es epartment, Director

Jerry Davis, Purchasing Manager ~ PREPARED BY: Karyn Jackson, Staff Assistant

Purchasing Division

Consexrt

RECEIVED

APR 2 6 7006

UT1LITIES

SUBJECT: Approval of Bid Award for IRC Bid# 2006072 Stationary Generator . Electrical Tie In

Utilities Department/ Wastewater Treatment Division

BACKGROUND:

The Utilities Department has requested the solicitation of competitive sealed bids to provide and install electrical wiring according to NEC standards at four lift stations. ·

The bid results are as follows:

Bid Opening Date: Advertising Dates: DemandStar Broadcast to: Specification's requested by: Replies:

BID TABULATION:

Vendor 1. ION Inc.

West Melbourne, FL

ESTIMATED BUDGET:

TOTAL AMOUNT OF BID:

F:\Purcbasiug\Forms\Agenda.doc

April 19, 2006 at 2:00 pm March 31, 2006 Four Hundred Four vendors Eleven vendors One vendor

$39,996.00

$19,719.00

Amount

$19,719.00

45

SOURCE OF FUNDS: 47123536-044699-06509 Utilities - Insurance for Electric Tie In for Generators

RECOMMENDATION:

Staff recommends that the bid be awarded to Ion, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

NOTE: Ion Corporation is a Florida Corporation and is an American Company.

ATTACHMENTS: Utilities Recommendation Memo Bid Tabulation Invitation to Bid Form Florida Division of Corporations printout

APPROVED AGENDA ITEM

F:\'f'u,-clJ.asing\Forms\Ag~~-Q.oc

46

DATE:

TO:

THRU:

FROM:

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES


April 24, 2006

Jerry Davis PURCHASING DIVISION

Terry Southard, Manager~? Utilities Operations

Jerry Miller, Lift Station Supervisor .f1!J,t. . SUBJECT: · BID # 2006072

Stationary Generator Electrical Tie In ' ' . '

After reviewing the Bid, we recommend awarding the bid, To Ion Incorporated of Melbourne, for a price of $19,719. The quoted price is $20,281.00 under budget.

Thank you and your staff for your assistants with this project.

If you have any questions please do hot hesitate to contact me at 770-5045.

C:\Docllments and Settings\jmiller\My Documents\Spec Sheets\Stationary Generator Electrical Tie In Bid #2006077..doc

47

Indian River Connty Purchasing Division 1840 25th Street Vero Beach, FL 32960

Specifications for:

Bid#:

(

Bid Form

Stationary. Generator Electrical Tie In

2006072

Bid Opening Date/ Time: April 19, 2006 at Z:00 P.M.

Bid Opening Location: Purchasing Division 2525 St. Lucie Ave. Vero Beach, FL 32960

(

-

In accordance with all terms, conditions, specifications, and requirements, the bidder offers .the following:

Bid Item Bid Price ·

1; Lift Station #180 Sebastian School

2. Lift Station #166 Chessers Gap '

3. Lift Station #3 Village Green ,

4, Lift Station #92 Stonebrldge

Total Bid $ l'Jl!<J., e;,p

Please submit one (1) original and one (1) copy of your bid.

Will your company extend these prices to other governmental agencies within the State of Florida?

Yes)O NoO

The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto, Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name: .:Z:O/( -ZiVCOA PORR T2' 0

Pagell o/17

48

City, State u.,,'€ SJ /}Je/ ~tH(,P Ale Telephone: ,3..2 f ~ 7 fo ... 0 f '1 7 E-mail: /1/»llsr::C:0N(i).-A11 L , 02' m

Name: I{, 't:-1-J-o IA (Type/ .

(

. r /er; J >1 Zip Code ,39.. 9 f) I,? ' . J

Fax: ,21'. I -1.i ¥_-o I 3' ..3

PageJZo/17

49

Division of Corporations

.. _

, .................... _,.... "'" ..... , ............. .., ................ ,

Document Number F85850.

State FL

Last Event REINSTATEMENT

, ...... , ...... ,,,,_.......... . .. , ... , ..... ,. .............. , ......... ~ ............. ,

I I I

,.,,..,,..,...

Florida Profit

ION, INC.

PRINCIPAL ADDRESS % RONALD J. SCHULTZ 948 S. WICKHAM ROAD MELBOURNE FL 32904

Changed 07/20/2004

MAILING ADDRESS % RONALD J. SCHULTZ 948 S. WICKHAM ROAD MELBOURNE FL 32904

Changed 07/20/2004

FEINumber 592363780

Status ACTIVE

Event Date Filed 11/17/1997

R e2:1stere dA .2:ent Name & Address

SCHI.IJ.,'!"Z, RONALD 1 948 S. WICKHAM ROAD MBLBOURNB FL 32904

Add""' Changed: 07/2012004

Date Filed 06/17/1982

Effective Date NONE

Event Effective Date NONE

................ ,_...,,...,,...,-,.., ~ ... ,.,.., . .,, .......... .....,...,..,.,;

Officer/Director Detail I Name & Address II Title I

SCHT,JI.'rz, NJCl!OUS E [:] 948 S. WICKHAM ROAD

MELBOURNE FL 32904

I SCHULTZ, RONALD I II I

Page 1 of2

I

I I

htto://www .sunbiz.orn/scriots/cordet.exe?al=DETFIL&n 1:::F85850&n2:::NAMFWD&n3=... 4/26/2006 5 Q


II 948 S, WlCKHAM ROAO

MJ,LBQtJRNJ!; l'L 32904 11~1 ""·

u epo Ann al R rt s I Re2ort Year II Filed Date I I 2003 II 0$12712003 I I 2004 II 07/20/2004 I I 2005 II 04128/2005 I

•

View Events No Name History Information

Document Images Listed below are the images available for this filing.

- •• A . ' ' 07/20/2004 -- ANNI!AI, E:6PORI 05/27/2003 •• ANN REP/UNJFORM BUI:] REP Q.4ll_:l.a.QQ:?. •• !:;QR • ANN REP/UNIFORM BUS REP 06/2712001 -- ANN REP/UNIFORM BUS REP Q:l/J ~/ZQQQ -- ANN REP/]JNIFQRM BU:1 REP 09/15/1999 -- ANNUAL REPORT 05/lBl!!128 -- ANNUAL REPORT 1107/1297 - REINSTATEMENT 91f.2dll22fi •• 122/S ANN1IAL REPQRT ..

Page 2 •f2

............... .,l:!!I

Tms IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT

! .......... '""'""''" ...

http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&n1=F85850&n2=NAMFWD&n3= .. , 4/26/2006 51

Date:

To:

Thru: ·

Thru:

From:

Subject:

May 8, 2006

lNlJIAN lUVER COUNTY, FLORIDA AGENDAITEM

Department of General Services Division of Buildings & Ground

The Honorable Board of County Commissioners


Thomas W. Frame, General Services Director ~ v...J' ~ Lynn Williams, Superintendent of Buildings and Ground

43•d Ave Sub complex - Change Order #2

BACKGROUND: The Board of County Commissioners approved the Agreement with Chilberg Construction, Inc, for Construction of the 43rd Ave Sub-Complex on August 2, 2005. Notice to proceed was issued' on October 26, 2005. Construction on the project is approximately 50 % complete. The Board has previously authorized Change Order:. 1 for a total of $66,981.38.

Change Order #2 ($952.21) includes the cost to provide and install a utility sink (including water supply and drain connection). Item two is a water supply and drain connection for the ice machine. This includes the contractor overhead and profit, bonds and insurance. These items were overlooked during the staff review of the drawings.

Donadio and Associates, consultants for the project, have reviewed the Change Order and approved the quantities and scope of work.

RECOMMENDATION: Staff recommends that Change Order #2 ($952.21) be approved and the County Administrator be authorized to execute the approved Change Order. Funding is available in the project contingency (Contingency balance after change order approval will be $132,066.41).

Approved Agenda Item Indian River Co. Approved Date

For: Administration

F:IOeneral $ervices\Tom\Agenda ltem.s\2006\May\CO #2 4;lrd Ave. doc.doc

1

52

'~ECEiVED . flAY O 2 2006

Indian River County Buildings and Grounds Division·•~.: ~ 1

_

Memorandum tvFRM Sr.RV1CES Telephone: 772-567-sooo ext. 1419 Fax: 112-110-5095

Date: May 2, 2006

To: Tom Frame Director of General Services

From: Lynn Williams Superintendent of Buildings and~

Subject: _Change Order.#2 - 43rd Ave. Su

Attached is a change order request from erg Construction for the addition of a laundry sink and an ice machine connection In the shop of area of building 2. These items are owner requested changes to the contract.

I believe Change order #1 was prepared by your office. Please let me know if you have any questions.

53

·•

CHILBERG CONSTRUCTION COMPANY, INC. CHANGe ORDER WORKSHEEl'

. I I

DATE: t.J·,] Cr I I 1 t ; .....,.

PROJEIJT: t.; ~ ,;.f( \;lt. DESCRIPTION:

Fumlsh and ln&ta

.. CODE I TASK VENDOR I AMOUNT

GEN'L CONDITION A 01025 General Liability l1111urance C.C.C./Zurich Insurance Seivlces B 01030 BllDdlilrs Riek ln11uranoo C.C,C,/Zllrich Insurance Sl!Nicea C 01035 Worker's Comoonsation C,C,CJFCCI D 01620 Alltoexp;,ns• Chllb= Constructlori Company E F

Tola! General Conditions . U\ll()R ..

A 01041 Project Manegement Chllberll .construotlon Com··-· B 01043 ProJaol SUperlll1l0n Chllberu Conltruotlcn Company C 01300 Submittal• Chllb•rg Com,truclion Company

~

Total Lilbgr ' 8UIOONTIWI Hid5D Slak, '""""''"'' hook UD Snyder Plumbing 793.51

Total Subcontractor 793.51 MATIIRIAl.8

A B C D

Total Materials . EQUIPMENT

A I B I

Tl>IBI lan11lnmon! . PREPARED BY: SUBTOTAL 793.51 NOTE: General lfablllty IR!Wa~ .fJ04fJ ot1 SI.lb;; /illtld .~497 ol't Lehar Overhead %

8'.dldtilRi, Rlltk: lnlKlmnee :~o por, 100.00 Profit/Builder's Fee % 158.70 - Co,np ,047l> SUl"'rVl.2880 C.,PJ,0O&ll Mgl, Bond Expenae % /\"10 IOOl•net It $ 3.73 por hour TOTAL 952.21

.SMe~

54

' ,-

Snyder Plumbing of the Treasure Coast, Inc. 1525 Old Dixie Highway Vero Beach, Florida 32960

STATH Or FLOAIDA LICl!~I MUM8Ek Cl'C142.S;!2

Name/ Addres$'

Chlfberg Construction Company, ln<:. 905 1fith Pl Vero Beach,. FL 32960

ADD LAUNDRY S!NK IN HVAC ARl!A 1•1''W Mustee wall lnmg laundry tub 1-#4171-241 Gerner laundty f;,ucet 1-Trl)p end supply

Datt Change Ord ...

1/9/2006 1659

Change Order

l ProJl!ltt ! . IR ADMIN COMPL.l:X

'

Oesctlptlon

ADO ICE MACHIN!! HOOK UP WITH F'LOOR DRAIN IN COVEREO STORAGE AA.EA . 1-#ZN-415 Zum 3' floor drain

i~Ice machine supply

~z .. Total $793.51

Phone # fclx ,,,

772-569-3373 772-S69-3055

ioonoo Q!J 9!1'3B1IHO •

Document G701™ - 2001 Change Order PROJECT (N"""' and oddross):

·43rd Avenue Sub-Comp!~• · 43rd Avenue· · ·

V:o:io B""elt; fiQ!\da to·coNTRACTQR (Name arid oddre5$): Ghi)bo, Cons/ruction.Co., Inc

b5 l!f' .. . 9 I~~"°,., ... Voro B~c:h; Flo,jda 32970

CHANGE ORDER NUMBER: 002 DATE: May 2, 2006

ARCHITECT'S PROJECT NUMBER: 2102 CONTRACT DATE: August 02, 2005 CONTRACT FOR: New Construction

OWNER: t!!:I ARCHITECT: t!!:1

CONTRACTOR: t!!:i FIELD: •

OTHER: •

THE coNtRACTiS CHANGED As FOLLOWS: . (Jn,clude, w~j-e Q.'ppliC'a.hr;; · b:h:y uii.disputed amount attributa]ile tQ previoUSly fflcuttd CahStruction Change Directf:ve.s) Description. · · ' · · Amount

: . _Add laundry •il!kJri HV AC ""'~ and add ice machine hoolaip with floor drain in covered stag ea area A. l - l 7W)\<lustee w;,ll hung laundcy ,ink

1-#49-241 q.,.berlau.ndtyfac.et

$793,51

I • Trap and supply · '.!I, I -i/ZN-4.15 Zum. 3" floor drain

I •}ce machine supply · Subtotal:

Contraetor's Fee:

CHANGE ORDER TOTAL:

$793.51

$158.70

$952.21

Tue origlnai (Con~9t Sum) was 11te not chlllig~ by prjMou;Jy ••thori""1 Change Orders Th~ (Contract Sum) prior to tbjs !:;hllngo Qrdtt was

. The{Contrl\,t Sum) will bo inoieas<:d b)t ll)is Cbange Ordor in tho ,moont of The new duarantood Maximum Price including this Chango Order will bo

$ $ $ $ $

3,116,305.00 66,981.38

3,183,286.38 952.21

3,184,238.59

· Tb• Contract Timo will bl, oh_ang,,d by zero ( 0 ) days. Tho d•to of Subst.al)tiai"eqriip1otlon as of the dllto of thi• Change Order therefore is Juno 23, 2006

NOTE: Thie Cbange Order·d;,.:.·~ot include change',$ in the Contract Sum, Contract Time or Guaranteed Max.imu,u Price which have been autliqjir.od by C011$truction Change Oirectivo until th• cost and time have been 'l!!'•ed upon by both tho Owner and Contraotor;_ in, W¥d1 ~ea Change Ordi:r is exi;cutcd to supersede the ConstructiQJl Ch1:mgr; Dhr;etive.

·. NOT VALID U~t:1[~($NED BY THE ARCHITECT, CONTRACTOR AN!> OWNER,

Donadio & Associates, M:hiteet.s, l'.A Cbilberg Construction Co .. }no,

. ARCl:IIT:ECT (Firm n"""')

. 609 \7ib s;..;~ Vero Beach, Pl 32960 ~90~5~1,&jl'l~~~~~!:!,1~L-

. An~~K- &u.fu ~ ADDR s':..k...~~ aWignature) . BY (Sig"""'7'---,.,V

(Typed name)

DATE DATE

Indian Rive, County Board of County Commiseioncn OWNER (Firm name)

1840 25th St=t,Vero Beach,F'l 32960 ADDRESS

BY (Sign.amre)

Joseen A. Baird, County Administrator (Typed ""1rl8)

DATE

AJA Doeument G701™ - 2001. Co~yrlght © 1979, 19e7, 2000 and 2001 by Tha f,meriOal'I Institute 01' Ar1'.;hlk101-G. All rlgtl1$ rt!i=trVtd, WARNING; Ttll$ AIA9 Document is proleeted by U.S. Copyright Law and International lrcratios. U.navlhorlzed ftprod~,;llon or distribution of this AIA® Document, or any pD~~n ot It, may result In severe civil and criminal penallles, and wlll be prosecuted 'lo the maximum extt.nt posstb~ under the li,w. Thi$ document WM produced by AJA software at 12:09:5:a on 06/03~006 uni:ler Order No.1000192296_1 Whic:h axpiras on 8/812006, and Is not for resale. User Notes: {3~7484405)

. /4 £.!~.l-:-.. ;rA-oft Re+::~:t}~~;:!fW_rL_ , ____ o.-... - "··'-~"'·-~--

1

56

-Al.A Document G701™ - 2001 Change Order PROJECT (Name and addre,s): 43td Avenue Sub-Complex 43rdAvcnu• Voro B•aoh, Florida TO COMTRACTOR (Nam• and address): Cbilbor Construction Co., Ino 905 111" Place Vero Boaob, Florid, 32970

· CHANGE ORDER NUMBER: 002 DATE: May 2, 2006

ARCHITECT'S PROJECT NUMBER: 2102 Cll~TRACT DATE: August 02, 2005 CONTRACT FOR: Now Construction

THE CONTRACT IS CHANGED AS FOLLOWS:

OWNER:[gi

ARCHITECT: t8i CONTRACTOR: l8I

FIELD: • OTHER:CJ

(Include. where applicable, a:11:y u:ndi~uted a:mcunt attributable to previously txtcu.tsd Construction Change Directives) Description Amount

Add laundry sink fa HV AC arca and add ice machine hookup with floor drain in covered stAgca area $793..51 A. l - 17W Mustoe wall hung laundry sink

l • 1149-241 Gerber laundry facot l Thip and suwiy

B. l • #ZN-415 Zum 3" floor drain l - Ice machine supply

The original (Contt11l:t Sum) was The net change by previously authorized Cl:tange Orders The (Conmoct S\lm) prior to thls Change Order wa, The (Contr1!¢! Stun) will be i~oreased by thls Change Order in the amount of The D•W Ou..:anteed Maximum Price including this Change Otder will be

The Contract Time will be ehanged by ZOl'Q ( 0 ) day;,

Subtotal:

Contmctor, Fee,

CIIANOE ORDER TOTAL:

$ $ $ $ $

$793.51

$158.70

$952.21

3,116,305,00 66,981.38

3,183,286.38 952.21

3,184,238.59

The date of Substanti'1 Completion as of the date of tbis Oumge Order tho.more is June 23, 2006

NOTE: This Change Order does not include changes in the Contract Sum; Contract Time or Guaranteed M""°1lum Price wl,leh have been authorized by Const.rnetiO!J Change Direotiv;, uotil th• <0$1 and ' have been agreed upon by both the Owner and Conttactor, in which case a Change Order is executed to sede onstm · on Change Directive.

Donadio & Associates, Architects, P ,A.

ARCHITECT (Firm name)

609 17th Street, Vero Beach, Fl 32960

tl~t:s. ~ ~1 BY (Signature)

Anthony Donadio (Typed name)

DATE

'r 1.m 1 illhTTI~ Prni~i"'.t M~ni:.0-1":T'

DATE

Indian Riv.,r Coonty Board of County Commissioners OWNER (Firm nam,) ,

1840 25th Stre•~ Vero Beacb,FI 32960 ADDRESS

BY ( Signan,,r,)

Josoph A. Baird, County Administrator (Typed nmn,)

DATE

1

57

INDIAN RiVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DMSION

DATE: April 26, 2006

TO: BOARD OF COUNTY COMMISSIONERS

THROUGH: Joseph A. Baird, County Administrator

Thomas Fr~e, General Services, Director ~ 0·~ FROM: Jerry Davis, Purchasing Manager~ .

PREPARED BY; Karyn J ack:son, Staff Assistant Purchasing Division

SUBJECT: Approval of Bid Award for IRC Bid #2006071 for the purchase of two (2) 20,000 LB Vehicle Lifts. Fleet Management Department & Emergency Services Department

BACKGROUND:

The Fleet Management Department and Emergency Services Department have. requested the solicitation of competitive sealed bids for the purchase and installation of two (2) 2-post 20,000 LB capacity vehicle lifts.


Bid Opening Date: Advertising Dates: DemandSta.r Broadcast to: Specification's requested by: Replies:

BID TABULATION:

Vendor

1. Girolift USA McBain.MI

April 26, 2006 at 2:00 pm March 31, 2006 One Hundred Twenty One vendors Eleven vendors Four vendors

Cost for Cost for (1) unit (2) units

$14,100.00 $25,950.00

2. Interstate Lift & Equipment, Co. $23,750.00 $46,000.00 Niles. MI

3. Atlantic Auto Suppliers, Inc. $29,541.25 $59,082.50 Miami,FL

4. Coastal Automotive Equipment Sales $29,229.00 $58,458.00 Vero Beach, FL .

C:\Documents and Sett:ings\tom:t\Local SettingS\Temporary Internet Files\OLK.7\2006071 Agenda.doc

58

ESTIMATED BUDGET:


SOURCE OF FUNDS:

RECOMMENDATION:

$18,000.00 Fleet Management $13,700.00 Emergency Services $31,700.00 Total for both departments

$25,950.00 (for the pnrchase of two)

501-166002 (Fleet Management) Fleet - Other Equipment 11412022-066490 (Emergency Services) Fire Rescue-Other Machinery & Equipment

Staff recommends that the bid be awarded to Great Lakes Service Equipment, Inc. d/b/a Girolift USA as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

ATTACHMENTS: Fleet Management Recommendation Memo Emergency Services Recommendation Memo Bid Tabulation Invitation to Bid Form Florida Division of Corporations printout


BY: -,,..,,s,:2~=«----------'~oseph A. Baird, Couno/ Administrate

C:\Documents and Setting.s\annd\Local Settings\Temporary Internet Filcs\OLK IE\2006071 Ag~n1;h1,1;1oc

59

To: KaD'J! Jackson

From: Mike Owens Dept: 242-Fleet Management

Reference! Girl.lift Bid# 2006071:

MEMO

1.R.e. 41:~Xif im 111v.

' ~08 APR 28 A II) 21

Date: 4/28/2006

Karyn, I recommend we purchase the Girilift as it meets all the specifications and is the least expensive of all the bids we have received. Don Jones, the mechanic from the Fire Department, agrees with me also. You will probably need to hear from Chief Prime with bis recommendation.

If you need anything further, please let me know.

Thank yo.!!,,

Mike Owens Fleet Manager Div. Head

60

Indian River County Department of Emergency Services Fire Rescue Division 1500 Old Dixie Highway Vero Beach, FL 32960 (772) 562-2028 Fax (772) 770-5117

La.It fiimttiAsrNa fWt

200B mY-8 ·P )•.t'JI,

Karen, This letter is to approve the purchase of the lift for the mechanic at the County Garage. Thank you for your assistance, Ed

Edward L. Prime m Assistant Chief

61

lNDIAN RIVER COUNTY PURCHASING DIVISION 0 u 2:525 St. Lucie Ave. Vero B<ach, FL 32960 (172) .567-lHJOO ext 1416 ~

l BID TABULATION ·a O"

Bid Opening Date Tim<> Ill .:a

2:00PM $i BidNo. Department ,-1 .,

~ 2006071 Fleet ta

~ -"' of Ei.d Title ti ., - r.:l 20,000 LB Vehicle Lift :3 ..a z 1temN-o. D,-_scrintion a Unit Price

1 One Vehicle Lift l $ 23,750.00

2 Two Vehicle Lifts 2 $ 46,000.00

3 Make PKS

4 Model PK20-E

5 Delivery ARO 30days

6 Will }'lllI oompany exlelld these prices to other yes. governmental agencies in the Slate of Florida?

WITNESS TO

BID OPENJNG;.;.Jo.;;.e;..Kr;;;;;.;e""y;;;lin;.g.__ ________________ _

~1tl'w,:hasing/Fonm/2006071BMTm

~

:a 0 [ .a .,; ·a iS

O" JI<

~ ., §' ·E

!Zl s .ti 0 a 0

1 ~ -a < <(

<.> <O ·p "i ol p;· g - "' 0 ~ <!)

~ :§ 0 'al ~ Urn >

Unit Price Unit Price

$ 29,541.25 $ 29,229.00

$ 59,082.50 $ 58,458.00

MoHawk MoHawk

TP20 TP20

8weeks 15-20 days

yes

AND K Jackson

< Sa !Zl 0-

-~ ;!J p;

@ 0

:;;J Unit Price.

$ 14,100.00

$ 25,950.00

Giro:!ift

HT-20,000

3-4weeks .

yes

.

Unit Price.

.Pagc.l oi1

C'J c.o

I

Indian River County Purchasing Division 1840 25th Street Vero Beach, FL 32960

Bid Form

Specifications for:

Bid#:

20,000 LB Vehicle Lift

2006071

Bid Opening Date/ Time: April 26, 2006 at 2:00 P.M.

Bid Opening Location: Purchasing Division 2525 St. Lucie Ave. Vero Beach, FL 32960

In accordance with all terms, conditions,. specifications, and requirements, the bidder offers the following:

• One(l) $ 14,100.00 If only one unit is purtha::!iitd.

• Two (2) $ .1 ~.975.Q.O Ea. Extended Total$ 25,!i)!;)Q,QQ If two units are: purchHed

• Make: --=G:::i:..:ro::::li::..:fl'------------------------

• Model: HT-20,000

• Delivery ARO: 3 to 4 weeks (4 weeks maximum).

Please submit one (1) original and one (1) copy of your bid.

Will your company extend these prices to other governmental agencies within the State of Florida?

Yes 00 No• The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name; Girolift USA, a division of Great Lakes Service Equipment, Inc.

Co;mpany Address: PO Box 82, 9266 W. Meyering Rd.

City, State _M_c_B_a_in-',_M_I _______________ Zip Code _4_96.;..5;...7 ___ _

Telephone: 231-825-8363 Fax: 231-825-8373

P<igeJOo/16

63

E-mail: ____ ......:;,in.:.:.fo::.:@::::.:he::.:a:.:vyt~ru:.:c:.:kl:.:ift::::.c:.:o:.:.:m:__ _______________ ~

Occupationa!License:MICo~~ FEINNumber: 38-3141641

Authorized Signature: ~ Date: ,o/J:. I ;f: .;1.tJt>4.

Name: Ronald L. DeKraker Title: President ..;..;.=='-------(Type I Printed)

J>/1g,1Jq/J6

64

Affidavit of Compliance (Please include this form with your bid)

Indian River County Bid# 2006071 for 20,000 LB Vehicle Lift

[xi We DO NOT take exception to the Bid/ Specifications.

D We TAKE exception to the Bid/ Specifications as follows: ___________ _

Company Name:~~~~:..._----~---------------

Company Address: PO Box 82, 9266 W. Meyering Rd.

Mc Bain, Ml, 49657

Telephone Number: _2_3_1-_8_25_-_8_36_3 ____ _ Fax: 231-825-8373

Authorized Signature: ...i.~2:'.::~:z~~~~=---Date: z/xz,r, / J/ eJO,CJ{i,,

Name: Ronald L. DeKraker Title: President (Typed / Printed)

Page12ofJ6

65

Warranty Information Form (All Blanks must be filled in and Snbtnitte4 with your Bid)

Indian River County Bid # 2006071 for · 20.00Q LB Vehicle Lift

Make and Model of Proposed Equipment: __,Gc.circ=o.,,.,lift.=..H'-'-T.,_·-=2""0,c,c0=c00=--------------

ls there a warranty on the proposed equipment? Yes IBl No• Does the warranty apply to all components or only part? (Please specify) ""A""l"--1 ________ _

Wan:anty period for parts: ...,5'-y"'e""a"'rs"--------------

Waminty period for service: _2_,_ye_a_rs ___________ _

Nearest source to Indian River County for parts and service: Phillip DeKraker, Ormond Beach, Florida,

(call Girolift USA for dispatch).

Who will provide service and where in the event of failure within warranty period?

Company Name: -=G-=-ir-=-ol"'"ift'-U"-S""A-'--______________ Phone: 1·888-8794476

Address: PO Box 82, 9266 W. Meyering Rd.

Mc Bain, Ml 49657

Contact person: _R_o_n_D_e_Kr_a_k_er ______________________ _

Will aµy voluntary service follow installation or delivery? Yes IB] No D G. l'fl USA Follow-up inspection. 30 60 d ft . II t· Ifso,.by whom? iro I When? - ays a er msta a 10n.

Who is the highest authority (manufacturer, distributor, dealer, etc ... ) fully behind this warranty?

Girolift USA (master distributor)

A copy of the complete warranty statement is submitted herewith; Yes IB] No• see attatchment "A"

Pagd3ofl6

66

SWORN STATEMENT UNDER SECTION 105.08, l'NDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS

THIS FORM MUST BE SIGNED IN TIIE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. .

1. This sworn statement is submitted with Bid, Proposal or Contract No. 2006071 for 20,000

LB V ehlcle Lift

2. This sworn statement is submitted by: Girolift USA, a division of Great Lakes Service

Equipment, Inc.

(Name of entity submitting Statement)

whose business address is:

PO Box 82, 9266 W. Meyering Rd., Mc Bain, Ml 49657

and (if applicable) its Federal Employer Identification Number (FEIN) is 38-3141641

(If the entity has no FEIN, include the Social Security Number of the individual si~ing this sworn

statement ____________ .,

3. My name is Ronald L. DeKraker (Please print name of individual signing)

and my relationship to the entity named above is _P_re_s_id_e_n_t ___________ _

4. I understand that an "affiliate" as defined in Section l 05.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.

5. I understand that the relationship with a County Commissioner or Co\ll1ty employee that must be disclosed as follows:

Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, n;iother-in-law, daughter-in-law, son-in•law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild.

PageUo/16

67

DLEG-BCS-Corp Div Database Lookup-Corp Entity Details

Micbiaao.Qoy Home l:!I.E!.,. I Sltomap I ~ I Onlin• So1Yioos I Agencies

CORPORATE ENTITY D!'_~J,',.ILS

S•arched for, G!ROLIFT USA

lP Nom: 035941

Entity Nome, GREAT LAKES SERVICE EQUIPMENT, INC. Type of Entityt DomestJc Profit Corpor11tion

R<>•ident Agent: RONALO L. DEKRAKER Registered Of flee Add re••• 9265 W. MEYER.ING ROAD MCSAIN Ml 496510082

Mailing Addreso; P.O. aox 82 MCBAIN MI 496570082

Formed Under Ad ~umber(s)i 284•1972

Jncorporat1on/Qualification Date: 10-19-1993

Jutisdlctlon of Origin: MICHIGAN

Number of Sh•"'"' 50,000

Year of Most Recent Annu•I Report: OS Year df Most Recent Annuel f{eport With Offh:::en;; & ,Dircc:tors1 01

· Status; ACTIVE Date: Present

I Images Available

Fage 1 of 1

Search

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Return to Search Resu It§ New Search

Mlchigan,goy Home I lll&la I Contact I State Web !;li\<!~ I.~ Privacy Policy I Link Polloy I Accosslbijijy Eglicy I Security Policy

Copy~ght @ 2001-2006 State of Michigan

I

http://www.dJe_g.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=03594l&name_entity:a:GIROLL .. 4/28/2006 6 8

BCS - Corporate Entity Documents

Michigan.gov Home OLEG I Slt•m•p I Qllllllll;l I Online Seryiooe I Aaenei••

CORPCRATI"'. ENnTY DOCUMENTS

GREAT LAKES SERVICE EQUIPMENT, INC,

II • II • II l'I II • II II

2005 ANNUAL REPORT

2004 ANNUAL REPORT

CERTIFICATE OF RENEWAL OF ASSUMED NAME

2003 ANNUAL REPORT

CERTIF1CATE OF RENEWAL OF-ASSUMED NAME

2002 ANNUAL REPORT

2001 ANNUAL REPORT

2000 ANNUAL REPORT

ANNUAL REPORT • PROFIT

CERTIFICATE OF ASSUMED NAME.

Number of Pages I

1

1

l

1

1

l

1

1

1

Page 1 of 1

Seareh

Filing Date 5/15/2005

8/11/2004

10/8/2003

8/7/2003

10/15/2002

7/16/2002

6/21/2001

5/25/2000

5/15/1999

12/22/1998

Total Documents Found: 16

Michigan 90v Homa I OLEG \ Contact I Stat• Wab Sit•• \ Sita Map Privacy Policy \ Unk Polley I Accossl~~ \ ~Jlt!!Y. eol!_cy

Copyright © 2001 ·2006 State of Michigan

h tto://www.dleg.state.mi.us/bcs __ coro/results. aso ?ID=035941 &page_narne=com 4/28/2006 6 9

CONSENT 1\.GENDA.

DATE:

TO:

IND1AN RIVER COUNTY DEPARTMENT OF UTIT,ITY SERVICES

AGENDA ITEM

APRIL 19, 2006

JOSEPH A. BAIRD, COUNTY ADMINISTRATOR

n 'A✓ f !'

FROM:

THRU:

SUBJECT:

ART REISFELD, SUPERVISOR-~~~?~A, ERIK OLSON, DIRECTOR OF UT~Y SERVICES

AMENDMENT NO. 2 TO THE EXISTING CONTRACT FOR UTil,ITY Bil,LING SERVICES AGREEMENT

BACKGROUND:

On June 6, 2000, the Department of Utility Services entered into an agreement with Sungard Business System, Inc. for the purchase of utility billing products and services such as the downloading, laser printing, and· mailing of utility bills ..

On August 2, 2005, the agreement was amended to reflect changes ln Article 3,Term & Renewal. The article was amended to include certain language at the end of the existing text. (See Attachment 1 - "First. Amendment to Print and Mail Services Agreement") ·

On M~ch 13th, the Utility received a letter from SunGard requesting that we amend the

co11tract to reflect cost adjustments. (See Attachment 2 - "Amendment # 2 to the Services Agreement.")

RECOMMENDATION:

The utility has enjoyed a long and satisfactory relationship with SunGard. Based on our mutual history, as well as SunGard's exemplary performance, staff reco=ends that the Board of County Com.missioners approve Amendment # 2, and that the Chairman execute the same. '

AR~hd • Approved for Agenda:

By: i1£E ~--. Jos A. Baird,County Administrator

Date~Od(,-

Indian Riv('t Co.

.. Administratfon

l"tilitios ·

Budget

Ri•~ ~11\nngor

Approved

F:\Utitities\UTILITY ~ EJvrPLOYEE FOLDERS\Joycc Daughcrty\Amcndmcnt 2 to Agreement with Stmga:rd 3 29 06.doc

70

SECOND AMENDMENT TO UTILITY BILLING SERVICES AGREEMENT BETWEEN SUNGARD BUSINESS SYSTEMS, INC.,

& INDIAN RIVER COUNTY

Tms SECOND AMENDMENT, effective 2006, is entered into by and between SunGard Business Systems, Inc., (SunGard), and Indian River County.

WITNESSETH THAT:

WHEREAS the parties entered into a utility billing service contract, effective June 6, 2000, ("Agreement"), and;

' . . WHEREAS the parties previously amended the Agreement by First Amendment

effective date of July 01, 2005, and ending June 30, 2006, and;

WHEREAS the parties now desire to further amend the Agreement in accordance with the terms of the Agreement.

1. NOW THEREFORE, pursuant to Article 5 of the Agreement, SunGard has requested cost adjustments as follows:

(a) The Consumer Price Index increase, from July 1, 2004, through June 30, 2005, was 2.5%. Seventy-five percent of 2.5% is ·l.88 · %. Therefore, SunGard Business Solutions is requesting a 1:88 % increase, from July l, 2006 June 20, 2007.

Except as expressly modified by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect from June 30, 2006 - June 30, 2008.

Indian River County Board of County Commissioners

By:. ________ _

Arthur R. Neuberger, Chainnan

Jeffrey K. Barton, Clerk of Court

By:._· ________ _

Date: j ,.../-CJC

Approved as to form & egal sufficien ·

ATTACIIME\',l J 71

First Amendment to Print and Mail Services Agreement

This First Amendment to the Printing And Mail Services Agreement ("First Amendment" ), is made as of this ~ugust 2 , 2oo5 day of June, 2005 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, with its principal place of business at 1840 25th Street Vero Beach, FL 32960 ("County"), and SunGard Output Solutions (f/k/a SunGard Mailing Services ("SMS''.), a division of SunGard Business Systems Inc., a Pennsylvania corporation, with a place of business at 350 Automation Way, Irondale, Alabama 35210 C'SOS").

BACKGROUND RECITALS A. County and SOS are parties to that certain Prlrit and Mail Services Agreement dated as of May 19, 2000, (, the "Contract"");

B. The initial term of the Contract was renewed in accordance with its terms until June 30, 2005.

C. County and SOS have agreed to modify the temi of the Contract , all pursuant to the terms and conditions hereof; · ·

NOW THEREFORE, County and SOS, in consideration of the terms and conditions herein, . agree as follows:

1. From and after the effective date of this First /.\mendment, Article 3, Term & Renewal, is hereby modified by adding the following at the end of the existing text:

The term of this Contract shall be extended for a period of one (1) years beginning July 1 , 2005 and ending June 30, 2006 unless sooner terminated as provided herein. 2. The background recitals are true arid correct and form a material part of this First Amendment. 3. All terms and conditions of the Contract not amended herein remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed by their duly authorized representatives.

~~~~ Signature· · . • Tf.JillO.a.5..S.....Lomb.er._. ____ _ Name (print)

Ghai.nuan •.••. Title Title

August 2, 2005 _., _____ ,.. .. ______________ ..,__ . _ 6.('2.--, los ___________ _ Date

Attachment 1

72

c~ 10

Indian River County, Florida Memorandum

TO: The Hon. Arthur R. Neuberger, Chairman, Board of County Commissioners The Hon. Gary C. Wheeler, Vice Chairman, Board of County Commissioners The Hon. Sandra L. Bowden, Commissioner The Hon. Wesley S. Davis, Commissioner The Hon. Thomas S. Lowther, Commissioner

THROUGH: Joseph A. Baird, County Administrator

FROM: Jason Brown, Director, 0MB Beth Jordan, Risk Manage/✓

DATE: May 1, 2006 .

SUBJECT: Stipulation for Settlement; Linda Ross v. Indian River County

Linda Ross, through her attorney, Gene Zweben of Schwartz, Zweben & Slingbaum, filed action against the County for alleged violations of Title II of the Americans With Disabilities Act, 42 U.S.C. Section 1213 I• 12134, et seq (ADA) and the Rehabilitation Act, seeking a permanent injunction and attorney's fees, expenses and costs, for alleged violations at the Gifford Aquatic Center. The County; through its self-insurance program, retained Paul Berg of Clem, Vocelle & Berg, as defense counsel. Mr. Berg has negotiated extensively on the County's behalf and has produced the attached stipulation to bring this matter to conclusion.

To resolve the matter, the County will provide an accessible, workable and usable aquatic chair (already in place at the facility at the time this action was filed), institute a policy to assist those using the chair with rolling the chair into and out of the pool upon request, and post signage the chair and this assistance with entering/exiting the pool are available. In addition, the door closer on the toilet/locker room doors will require no more than five (5) pounds of push or pull force to open and that wheelchair users and individuals with mobility impairments will not get trapped in the vestibule between the doors. County staff can accomplish all of these. Out of pocket costsfor the County is $325.00 in costs. Signature of the stipulation will result in full and final settlement of the case.

Staff recommends approval of the Stipulation For Settlement and authorization for the Chairman to execute it on behalf of the County.

IfI can be of any assistance prior to the meeting, please feel free to contact me at extension 1287.

Approved for Agenda May 16, 2006

seph A. Baird, County Administrator

;·;'iefi~n Riv-!!!' Cit l Admln.

L-egal

Budget

t)0pt

D-a.t,e

73

"

LINDA ROSS,

.Plaintiff, V.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO: 05-14300-Civ-MARTINEZ / LYNCH

INDIAN RIVER COUNTY, FLORIDA d/b/a Gifford Aquatics Center,

Defendant.

--------------' STIPULATION FOR SETTLEMENT

IT IS HEREBY stipulated and agreed by and between Plaintiff LINDA

ROSS ("Plaintiff'); and Defendant INDIAN RIVER COUNTY, FLORIDA, d/b/a

Gifford Aquatics Center ("Defendant"), as follows:

WHEREAS, Plaintiff filed this action against Defendant for alleged

violations of Title II of the Americans With Disabilities Act, 42 U.S.C. Section

12131-12134, et seq ("ADA") and the Rehabilitation Act, pursuant to which

Plaintiff sought a permanent injunction and attorney's fees, expenses and costs;

WHEREAS, subject to the terms set forth herein, Plaintiff and Defendant

have agreed to finally resolve any and all claims and disputes by and between

them; and

NOW, THEREFORE, in consideration of the premises and the mutual

covenants and undertakings contained herein, and other. good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged by

the parties, the parties hereto, intending to be legally bound hereby, agree to the

following terms and conditions as full and complete settlement of this action:

I. ALTERATIONS AND IMPROVEMENTS. The parties agree that

Defendant shall cause the following alterations and improvements to be made to

the property that is the subject of this action, which is commonly referred to as

GIFFORD AQUATICS CENTER, located at 4895 43rd Avenue, Vero Beach,

Florida 32967-6327:

1

74

II.

A. Defendant shall provide an accessible, working, and usable aquatic

chair with push rims; a seat height of 20 inches above the deck; a

minimum seat width of 19 inches; movable footrests; and armrests

located on both sides of the aquatic chair seat, with at least one

armrest movable away from the side of the chair. Defendant shall

institute a policy by which Plaintiff, and others similarly situated, will

be assisted with rolling the chair in and out of the pool upon

request.. Defendant shall post signage in a conspicuous location

indicating the availability of this aquatic chair, as well as instructions

for its use and policy of providing assistance, and Defendant shall

ensure the Plaintiff is able to enjoy the services and programs of

Gifford Aquatics Center via the use of said working and usable

aquatic chair.

B. Defendant shall adjust the door closer on the womens' toilet/ locker

room doors to require no more than five (5) pounds of push or pull

force to open, and ensure that wheelchair users and individuals

with mobility impairments will not get trapped in the vestibule

between the doors.

A.

JURISDICTION

The parties agree that it is their intention for the District Court to

retain jurisdiction to enforce this agreement . If for any reason the

Court refuses to retain jurisdiction to enforce this agreement, the

parties agree that jurisdiction to enforce this agreement will be in

any Court of competent jurisdiction in Indian River County, Florida.

i. The Plaintiff and Defendant make no representations or

guarantees regarding the. quality of any alterations,

improvements, modifications, or changes of any kind

whatsoever, as to whether the aforementioned comply with

the State building construction standards, County Zoning

Board regulations, or any other governing body whatsoever.

2

75

' Ill. ENFORCEMENT CONSIDERATIONS.

A. Readily Achievable. The parties hereto acknowledge that

the alterations and modifications agreed to by the Plaintiff,

and as set forth in this Stipulation for Settlement, consist of

what the parties believe to be readily achievable pursuant to

and for the purposes of Title II of the ADA.

· B. Time Frame. Defendant agrees to complete all alterations

and modifications to the property by June 1, 2006. Plaintiffs

representatives shall be provided reasonable access to the

property to verify completion of the above referenced work.

C. Non-Compliance. In the event the alterations and

modifications required hereby are not timely completed in all

respects, Plaintiff shall be entitled to seek an award for

injunctive relief from the Court. The parties agree that if

Defendant has timely commenced the modifications required

hereby, and has proceeded with the completion thereof in

good faith and with due diligence, but has been delayed in

the completion thereof due to acts of God, force majeure, or

events beyond the control of Defendant (such as inability to

obtain building or zoning. permits, failure of the county

inspectors· to make inspections, contractor defaults, work ·

stoppages, etc.), the time periods for completion established

hereby shall be extended appropriately, provided Defendant

notifies Plaintiff in writing with backup documentation, prior

to the expiration of the completion date.

D. Notwithstanding the foregoing paragraph C, if any action or

proceeding is commenced with regard to the subject matter

of this Stipulation for Settlement, then the prevailing party in

such action or proceeding shall be entitled to have its

reasonable attorney's fees and costs incurred in said action

3

76

or proceeding promptly reimbursed by the non-prevailing

. party.

IV. ATTORNEY'S FEES AND COSTS. The Defendant shall pay the

Plaintiffs counsel, Schwartz Zweben & Slingbaum, LLP., the. sum of

$325.00 (Three Hundred Twenty Five Dollars), within ten days of the

Plaintiffs execution of this Agreement.

V. FAILURE TO ENFORCE. Failure by any one of the parties to enforce this

entire Stipulation for Settlement or any of its provisions with regard to any

de~dline or any other provision contained herein shall not be construed as

a waiver by that party of any right to do so.

VI. DISCLOSURE.

A. The signing and execution of this Stipulation for

Settlement shall also constitute an agreement by the

Defendant and the Plaintiff and any of their parents,

subsidiaries, officers; assigns, · representatives, and

agents thereof that this is a public agreement. A copy.

of this document or any information contained in it

may be _made available to any person ..

B. The parties shall request the dismissal of this matter

with prejudice, subject to the Court retaining

jurisdiction for enforcement purposes.

VII. TIME IS OF THE ESSENCE. The parties further agree that time is of the

essence in all respects regarding this Stipulation of Settlement.

VIII. AUTHORITY AND POWER OF DEFENDANTS. The Defendant

stipulates and represents that it has the power and authority to execute

and deliver this Stipulation for Settlement and to perform its obligations

hereunder.

IX. CONTINUING OBLIGATION. It is the intention of the parties that, if the

property is sold or transferred prior to the completion of all the obligations

set forth herein, any purchaser or successor in interest shall be required to

· undertake all of the obligations as set forth herein,

4

77

X. AUTHORITY TO EXECUTE. Each party represents that each person

executing this Stipulation for Settlement on its behalf has been authorized

to sign on behalf of the respective party and to bind it to the terms of this

Stipulation of Settlement.

XI. REFERENCES. Words and phrases used in this Agreement that have •

defir:1itions provided in the ADAAG or. 28 C.F.R. §36.104 shall be

construed as defined in the ADMG or 28 C.F.R. §36.104, as applicable.

ADAAG shall mean the Americans with Disability Act Architectural

Guidelines, 28 CFR Part 36, July 1, 1994 Edition.

XII. COUNTERPARTS. The parties agree that this Stipulation for Settlement

and any and all other documents in connection with the settlement of this

matter may be executed in counterparts, each of which shall be deemed

an original but all of which taken together shall constitute but one and th.e

same instrument. Faxed copies shall be deemed the same as originals.

XIII. ENTIRE AGREEMENT.. This Stipulation for Settlement constitutes the

entire agreement among the parties on the matters raised herein. No

other statement, promise, or agreement, either written or oral, made by

either party or agents of either party not contained in this written

Stipulation for Settlement, shall be enforceable. If a court of competent

jurisdiction concludes that any part of this Stipulation for Settlement is

unenforceable, such portion shall be severed from this Stipulation for

Settlement, and all other provisions shall remain enforceable.

XIV. VOLUNTARY EXECUTION. The parties hereby represent and

acknowledge that this Stipulation for Settlement is given and executed

voluntarily, and is not based upon any representation by any of the parties

to another party as to the merits, legal liability, or value of any claim of the

parties or any matters related thereto.

XV. ACKNOWLEDGEMENT. The parties acknowledge they have been

afforded an opportunity to consider the terms and conditions of this

Stipulation for Settlement, that they have read and understand the terms

and conditions herein, and that they have retained counsel and have been

5

78

provided with the opportunity to consult with their respective counsel prior

to their execution of the Stipulation for Settlement. Each party represents

and warrants that it has had the opportunity to have this Agreement

reviewed by counsel and be advised by counsel as to the rights and

obligations of each party and to modify this Agreement as necessary. As a

result, this Agreement shall not be construed or interpreted more strictly

.against one party than another on the grounds that this Agreement or any

draft thereof was prepared by either party.

XVI. WRITTEN NOTICE. Each notice ("Notice") provided for under this

Stipulation for Settlement must comply with the . requirements of this

Section. Each Notice sliall be in writing and sent by certified mail return

receipt requested, addressed to the appropriate party (and marked to a

particular individual's attention, if so indicated) as hereinafter provided.

Each Notice shall be effective upon being so deposited, but the time

period in which a response to any notice must be given. or any action

taken' with respect thereto shall commence to run from the date of receipt

of the Notice by the addressee thereof, as evidenced by the return receipt.

Rejection or other refusal by the addressee to accept or the inability to

deliver because of a changed address of which no Notice wa~ given shall

be deemed to be the receipt of the Notice sent. Any party shall have the

right from time to time to change the address or individual's attention to

which notices to it shall be sent by ~iving to the other party at least ten

(10) days prior ·notice thereof. The parties' addresses for providing

Notices hereunder shall be as follows:

6

79

Gene R. Zweben, Esq. SCHWARTZ, ZWEBEN & SLINGBAUM, LLP 205 SW Winnachee Drive · Stuart, Florida 34994

Defendant: Paul Berg, Esq, CLEM, VOCELLE, & BERG, LLP 3333 20th Street Vero Beach, Florida 32960

IN WITNESS WHEREOF, the parties have hereunto signed their names on the day and year written below.

On Behalf of Plaintiff:

By: _____________ _

Date: LINDA_R_O_S_S ____ _

On Behalf of Defendant: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By: ____________ _


BCC approved: _______ _

ATTEST: Jeffrey K. Barton, Clerk

By: ___________ _

Deputy Clerk

Approved as to form and legal sufficiency:

By: ~m~~~II County Attorney

7

80

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

TO: Jo:;ieph A. Baird, County Administrator

THROUGH: Bill DeBraal, IRC Assistant County Attorney

James W. Davis, P.E., Public Works Directo~i,c:,.-.,,,

Terry B. Rauth, P.E., Capital Projects Manag f

FROM:. Janet 8. Dunlap, P.E., Project Engineer ~0 SUBJECT: Oslo Road/Lateral "J" Canal Bridge Replacement

Contract Amendment - Company Name Change


DESCRIPTION AND CONDITIONS

CONSENT AGENDA

1f

IRC Bid No. 2006041 for Oslo Road/Lateral "J" Canal Bridge Replacement was awarded to Lucas Marine Construction, Inc. on January 10, 2006 in the original contract amount of $2,188,848.87. The Notice to Proceed was given on January 25, 2006.

Effective February 23, 2006, Lucas Marine Construction, Inc. has changed its name to Lucas Marine Construction, LLC. The Performance Bond and Payment Bonds with the new name are recorded in the Clerk Circuit Court Indian River County, Florida and are transferred to Indian River County.

RECOMMENDATIONS AND FUNDING

Staff recommends approval. Funding is not required for this Contract Amendment.

ATTACHMENT

Lucas Marine Construction, LLC letter requesting contract amendment to change name.

DISTRIBUTION

Jason Brown, IRC Manager, Budget and Management Office


EIY:

F:\Public Works\Capltal-Projects\Oslo Road\Oslo Road Lateral ,J\Lucas Marlne\LMC-ContractAmendmentNameGhange_BCCMemo.doc

81

LUCAS MARINE CONSTRUCTION, LLC •

'February 23, 2006

Indian River County Attn: Janet B. Dunlap, P.E. Project Engineer 1840 25th Street Vero Beach, FL 32960-3365

Dear Ms. Dunlap:

Please be advised that effective today, Feb11;1ary 23, 2006, Lucas Marine Construction, Inc. has changed its name. We are requesting a contract.amendment to change the company n.ame from Lucas Marine Construction, Inc. to Lucas Marine Construction, lLC. Our ElN number will now be 20-3697126.

We have the same insurance coverage and our insurance agent will be previding new certificates of insurance shortly. Also, we have surety bonding and our bonding agent will be providing the bonding information shortly. Let. me kriow if you need information about corporate officers.

Please do not hesitate to call if you have any questions or need additional information. ·

Todd J. Marsteller President

3130 SE Slater St. • Stulirt, FL 34997 • (772) 286-5094 • Fax (772) 286-1139

82

TO:


MEMORANDUM

FROM:


James W. Davis, P.E., Public Works Director

SUBJECT:

DATE:

Hurricane Debris Removal Contract - Omni Pinnacle, LLC Indian River County Bid# 7076 Release ofRetainage

May 9, 2006


On August 23, 2005 Indian River County entered into a Contract Agreement with Omni Pinnacle, LLC for hurricane debris removal and disposal.

OrnniPinnac\e, LLC removed 46,440; 1 cubic yards of debris for a total of$394,740.85. The County held retainage in the amount of 10%, or $39,474.09. Omni Pinnacle, LLC also handled consolidation and hauling of the 46,440.1 cubic yards for a total of$130,545.28 and withheld 10% retainage in the amount of $13;054.53. The Final Waiver of Lien Release Agreement has been signed and we are now prepared to release 1he total retainage in the amount of $52,528.62.


Staff recommends releasing total retainage in the amount of $52,528.62. Funding to be from Account No, 41121734-033190-0603 7.

ATTACHMENTS

1. Agreement dated August 23, 2005 between Omni Pinnacle, LLC and Indian River County.

2. Copy of Omni Pinnacle, LLC Contractor's Application for Payment for release of retainage

3. Copy of Final Waiver of Lien Release Agreement

F:\PUBUC WOR.KS\HURRJCANE SEASON ZQQ5\HURRJCANE WILMAIOMNl PINNACLE,.BCC AGN-RELEASE OF REMA!NlNG RETAINAGE 05--05-06.DOC

83

PAGE TWO BCC Agenda Item from James W. Davis, P.E., Public Works Director May 5, 2006

DISTRIBUTION

1. Omni Pinnacle, LLC 2. Terry Thompson, P.E., Capital Projects Manager


IodlaQ Rive:r Couo

Administration

Bud t

Lo al

Risk Mana emcnt

Public Works

F:\PUBLlC WORKSIHUIUUCANE SEASON 200S\HURRJCANE W!LMAIOMNI PINNACLE,SCC AGN-/<ELEASE OF REMAINING l<ETAINAGE 05,05,06.DOC

84

AGREEMENT

nns AG}!.EEMENT made and entered into this 23 , -i'r/111 •• ; •

day of August , 2005,

by and between Omni Pinnacle, .LLC hereinafter called. the

CONTRACTOR and INDIAN RIVER COUNTY herein ca.lied the OWNER.

WITNESSED:That whereas, the OWNER. and the CONTRACTOR for the c:onsideration herciinafter named, agree as set forth below: ·

Artfole I. SCOPE OF WORK As per specifications of advertised, and sealed bid in Indian River County Bid # 1Q1!i. for Indian River County Disaster Debris removal and Di!!Qo!ial Contl",i0!:

. .

. OWNER desires to purchase ·. CetWI\ goods .and servi,es as more specifaially set. forth in Exhibit B attached hereto and made·a part hereoffrom.Contracw.r on the, terms and con4itions sl!'I fortb heroin, alld at the unit prices set forth. in · lhe Bid Form attac;hed hereto and made a part hereof. · This Agreement constitutes a binding Contract when signed by the OW1'/BR and accepted' by the CONTRACTO~. eilheir by execution of this AGREEMENT, or by commencement or rendering of services witnout reservatiQns. ·

Article 2. NOTICE TO l?ROCEED

The CONTRACTOR shall not commence work until it rec::eives a writtim Notfoe to Proceed from:tbe OWNER., The CONTRACTOR shall commence work within the time tra.mes·established in Exhibit B for 1he type of' service or project requested ·after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise.

Article 3. GENERAL·

The CONTRACTOR hereby certifies that be has rel!d llVl!T)' clause of the Contract Documents and that he has made Sil.Ch examination of the location of the proposed work as ,is necessary to und~and fully the nature of the obligation herein made; and shall complete .the same the time limit specified · hetein in accord.mce with the plans and specifications.

The OWNER l'lDd CONTRACTOR agree to maintain records, invoices, and payments for the work. '.!;he CONTRACTOR shall provide Perform.a.nee Bonds for all work in this Agreement.

All wotk un~l!n' this Contract sbaU be done to the satisfaction of the OWNER, who. shall in All cases cletermine the amoi,mt, quality, fitness, and aeeeptabi)ity of the severlll ldnd\l of work am.i materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of thp CONTRACTOR, 1111d his de1:isjon thereon shall be finlil and conelu.sive; and sµ,;h determination and deoisiO!l, in case any qu11:stjon shall llrise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder.

Any clause or, section of this l}()nb;act or specification which may fo, any reason be declared invalid by a court of competent jurisdiction,. including appeal, if any, may be eliminated therefrom; 1111d the intent of th.is Contract and the:remaining portion thereof will remain in full force lll!d effcct'as.though such invalid clause or section has not'been incorporated therein.

·· ··· ·· · · ··· ··· · · · Page 23 ~f30·

85

,, ..., __ ._._.__, ,,_,,,,,., ,,._...,,., .. ,..._.._.. .... ,,. ,._.._,....._r-. ....,......_,,.,, rr-=-rt._.,=,.....i,..:,, ~-"

Article 4. QYANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR '.S Bid Form.

The CONTRACTOR'S price at the· time of delivery of goo.ds and services will be: a) the price set forth on tbe Bid Fonn; and b) when not delineated on tbi:, Bid Forni, the prices established in the version of the FEMA rate stmctures applicable when the CONTRAt:TOR is given Noliee to.Proceed. The CONTRACTOR. by June 1 of eaoh year, shall notify the COUNTY in writins of any proposed price schedule changes with justifioation for each change. The COUNTY will either accept the proposed changes or decline to accc:pt the price changes within thirty (30) days and ask ior negotiation.

Arric!eS. · PAYMENT PROCEDURES _ Progress Payments; OWNER shall make progress payi;t\ents on account of the Contrac:t Price on the

· basis of CONTRACTOR.'s ApplicatiOl'I$ fur Payment at intertrals not less than once each month during peribnna.ncc of the Wotk n proviqed below.

1. N'metypercent (90%) of Work completed (with the balance being rc:tainage); and

2. :Eighty percent (80%) of cost ofmateriats and equipment not incor:p!)rated in the Work but stored_ on the Project site (witb the balanco being retainage),

FiMI Acceptance and Payment: When the work provided for under this contra.ct has been cor.npleted, in accordance with. the tmn~ thereof, a payment request in the amount of such work shall be prepared by the CONTRACTOR, aud filed with the OWNER within fifteen days after the d.ate of completion.

In aci;ordance with the Florida.Prompt Payrnent Act, after final acceptance by the OWNER, the OWNER shall make payment to the.CONTRACTOR in the full amount. PAYMENT and accept11r1ce· of such payment by the. CONTRACTOR shall :release the OWNER from all claims or liabilities to the CONTRACTOR in connection with th.ill Contract.

Article 6. THB CONTRACT DOCUM:ENTS The· General Terms and Conditions, InvitatiQD to Bid Form, Qualification Questionnaire, Spe¢ial Provisions - Disaster Debris'R.emoval and Disposal Stl!ViOC!S (Exhibit B), Insuranoe Requirements (Exhibit A), Performance and Payment Bonds, together with this Agreement, fwm the Contract, and

_ are fully a Pll!-'l of this Contract as ifinciuded herein. ·

Article 7. VENUE . This agreement shall be govemed by the laws of the State of Florida. Venue fonmy lawsuit brought

, by either patty against the other party ox- otherw:ise·ari~ing out of this agreement shall be in Indian River county, Florida, or in the eve.at of federal jurisdiction, in the United States District Coun for the Southeni Distri<:t of Florida. ·

Article 8, CONTRACT PERIOD This Contract ,hall be, binding on the parties for a period of twenty-four (24) consecuttve months from the date of this Contract by both parties unless tennii1ated earlier in accordance with its term •. The: County may extend the term of this Contract for up to three (3) additional terms of twi,l\<e (12) months each on the same terms and conditions. ·

Pasi,-24-oOO ···

86

lN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement i!'l duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. AU portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. .

Thi& Agreement will be effective on August 23. 2005 (the date the Contract is approved by the Indian River County Board· of Colll':lty Commissioners, which is the Effective Date of the .Agreement).

OWNER!

INDIAN RIVER COUNTY

B . C::::, . ...., 5 -~ y. I ,

Thomas s. Lowther, Ch ·= . ', ' '

APPROVED AS TO PORM A LEGAL SUF'FI"7~CY:

By; '7]'/. ¥: William G. Collins, II, Co11nty Attorney

Jeffrey K. Barton, Clerk of Court . . . . . '

,\ttest: ~ &¼;::»<\~ . D~yCllil: · (SEAL)

STATE OFl"LORIDA INDIAN RIVER 'COUNTY

.-

THI$ IS TO CERTIFY THAT THIS 11 ATRUl5 AND CORRECT COPY OF THEORH!IINAL ON FILE IN THIS OFFICE "

: · JEFFREY K, BA~ ON, CLERK ' , . ' " JIV _/ 1,' 17 /2 · , . · D.C.

ll~,-i. · L ~) a · ot,,

CONTRACI'OR:

e;s\~?·. . (Contractor) ..

_»;OR.PORATE'SEAL).

Attest_~----~"'3!;,::;...-__ ._ .. __ _

Address for giving notices:

Liceo.seNo. ___________ _ (Where- applicable)

Agent for service of process: _____ _

(If . CONTRACTOR is a coq,ol'l[!tion or i partnership, attach evidence of authority to sign.)

Page,2$ of30

87

sECTlON 00622 • Contractor's Application for Payment.doc

Application for ~ayment No. -11 e-1 e·ase O £ For Work Accomplished through the period of II~~. t~rough 3lpll .kecainage

To: Indian River County (OWNER) . From: Omni Pinnacle LLC

(CONTRACTOR) Contract: OWNER'S Contract No. -~ ENGINEER'S Contract No. _ __,_ ENGINEER Indian River County Public Work's Department

1. Original Contract Price: 2. Net chan e b Chan e orders and Written Amendments(+ or-):

4.c

4.d 5. 5.a

10% Ret:ainage Weejs 1-7 $39,474.09

$13,0'54.53 Total equipment and material stored to date:

$ mrAL DOE l 1) Total Work completed and stored to date: (4.b plus 4.c)

Retainage (per Agreement): · 10% of completed Work (0.10 x 4.b):

$-,,.,,..___,.---5.b 20% of stored equipment and material (0.20 x 4.c):

5.c Total Retainage (5.a plus 5.b): 6. Total Work completed and stored to date less retainage.

(4.d minus 5.c): · 7. Previous Payments: 8. AMOUNT DUE THIS APPLICATION 6 MINUS 7 :

(1) Attach detailed schedule and copies of all paid invoices.

CONTRACTOR'S CERTIFICATION:

$52,528.62

$ _____ _

$. _____ _

$--~~""""'--$ 52,528.62

UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on· account of Work dorie under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ ·· inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Appfication 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); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify

88

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 No. 212 Florida. Statutes, (Sales and Use Tax Act, . as Amended) have been paid and discharged, and that I have no claims against the OWNER.

Dated ________ _ Omrii Pinnacle, LLC (CONTRACTOR)

By:

State of FLORIDA County of INOIAN BIVER Subscribed and sworn to before me this _______ , day of _______________ _

Notary Public My Commission expires:. ___________ ~

Accompanying Documentation:

NOTICE OF NON-PAYMENT. If.one or more "Notice of Non-Payment" or "Notice to Owner" is received by the OWNER, no furlher payments will be approved until nonpayment(s) have been satisfied and a "Lien Waiver" for each "Notice" has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment" or "Notice to Owner."

CERTIFICATION OF ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial

Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor.

Dated ________ _ (ENGINEER) SIGNATURE

89

Final Waiver of Lien J.l~leas~ Agreement

Timothy Rose , (h!l;roiltaftcr referred to as "'Subcontmcto:r''), hereby releasea t!D.d ~VE!! up any and all claixm: and right:. which Subcontractor m~y have against Omni Pumaol$, LL~ a Lonisia.na Limited Liability Coi.:ioration, (

11Contracto.r'1), Indian River COUJity, FL ("OWner'') and llnY L~downer (9:.andowner'") upon. whose lands the SubconirnctQr performed work. This Release Agremeat relates to the t:iubconrractor•s woi'k performed in Indian ruvcr Cowty, Florida ~cl.er any agreement with any of:the above. Subcontractor certifies thnt tho wb'oontraetor hQ complied with tho Rc~stcr of Wage Detennfua.tions: Onr:ler the Smicc CoD!!;'aCt Act, Wale nctcrmina.tlon No.: 19!M-1233, Revis.Ion No.: 251 Arca: !ndiau River County, FL. Subcon:traetor tclti£ics tbat they have been paid in full for the following Project::

Contractor: O~cr: l3rojeet:

Ollllli Pinnaole, LLC Indian River CoUDty, Florida Hurricane Katrlna Debris R.einovBJ

1. 8.elcase: This hle~c Apcment \Agreement'') rcleQcs Contractor) Owner and Landowner ;froJ;Q any and all cha.in,.ai, deoosnds of !!,Very kihd or character, causes of action, hioluding any bond claims or claims of lien, or claims .for original contract work, ~ work, ~ded or- additionul job costs or overhead, Iost profits, Impact post! and the like, including claims and dCnJands arisll:lg from any claimed delays, di&rupt:iOD.s or changes lo the work (all' eollcci:ivcly rcfeued to as 11clai:nur,") which SubcODtractor has 01· could have· arising from, or un.dcr t.he facts and cir<:umstanccs. 11tising from, any work pe1fonne~ aga:b,,111: Contractor, Landowner or the Owne:r of this projccti or Conn:aci.or's affili,tes• o"tYl:terti or sureties, or any other pcrnon. flr.m or corporation tbat may in any way be liable or responsible for the acts or omissions of Contractor, Lmd.owner or Ower in conneotion with the work performed. 'I'hl! Agreement applies to clllUQ.B resulting from anything, wh.ioh hos hoppCJJed up to 03/l:1/2006 •

.'2. Seo pm Subcontractor agrees that it is due no additional compl!:llsation fut any work performed. This release lilpplies to- all wotk p~ormed on the above descdbed project. ·

3. Payment: This Agr"""-""I 1, provided oontingent upon payi,,<mt in tho llll10tmt of$ 1,810.00 • '!'bis Agreoment docs -not re.lease Subcontr~r from any of its obligations, as this release is solely fur the be.n.e6t QI Contractor, Latidcwncr and the Ownor, Other than the payment in the amount of$ l,8!Q10Q • Subc:ontr~ agrees thnt it wil'l not seek anything further. Subcontractor also agrees and rcprcs~ tbat it has or will pny 001y otbfJ'.t :rubcontractQTS perform.ing work for it1 labor, and suppU1m providing supplies., equipment or tooh to the Subcontractor. Snbconll1lo:tor agrees to provide good aJJd sufficient evidence to Contractor of these paymcnis withi;n 24 hours of tccciving such a req,icst from the Contractor. Subconti·actor agrees personally and cotpomtcly, to defend, indemnify and hold Contractor, Landowner and the Owner hann1ess from :any direct, 1nd:irect or cQoseq,.1ential d3:fnage or loaa whiob tt may sustain aa a result of the b~ach of any statement eonta:incd herein (1tll ofwhioh are c:ontin,ui,Jg amt irrevocable) at of Omni Pimlaole, llC's {Clianc.e (whether such reliance was ,·easonabli:i) upon nny mis~q;nt (whether or not inmrtional), :fraudt deeeit or criminal act on the part of any officer, employee, or age11t of subcontractor, or any cmims made by any ,;rub<::onb'actor, worker or supplier performing any portion of SU.bcontractot's scope of work or providittg any cqui~t,, supplies or tools. Sht;ruld Contractor be .r:equired to

,.,retain 11n attorney to defuad Sl)y such claim, Suboo.ntractor will NJmbu:t'se an)' attqrnoys' tees and expenses incurred b;y the · Co~.-acto. to defend stwh claim. All such-sllD16 will bo paid by tli• »iiJ!er,igned. to Omni Phmlicle, LLC on d0tn11Ud,

4- Who h l!ound: Subconn-actor;,, bow,d by 1lris Agt,,"'1""1- Anyune who succeed$ ti) it• rights and responsibilities, ,uch as it, Sl1cc.essors, prcdecessoni, assigns, patt:at,, subi;r.idiazy and affiliated compan\B$ or corporations, heirs, 1JXeoutors and ;11dminfatrators, are abo \'101,1nQ. This Agreement is w.ade fbr Contractor's, ~ndownerts and Owner's benefit and all whQ succeed to their rights and :responsibilities, such a:s Contractor':;:, Landow.ner':!I or Owncr'!il s:uccessors, predecesson:, assigns, pat-eat, subsidiary. aT;ld affiliated corporatiow:, h"ml .. s~~s, ex:eeutora, ~nd ld1Ilin.f.$trat(!t1i, ·

S. Signatures: Subcontractor understands and ~s to the •tcrm.s of this Agreement Thi$ A~IMU~t is mo.de by Subcontmctor, and its proper comp my officer bM si,gued.

Q;l/28/06 (Date)

Wlt.oessmyhand-tbls 28th dayof Mer;c;h

Timothy Rose

(l'Iinted Name of Sil)no!oly)

Timothy Rose

(Printed Name of P'cnonal Guarantor)

(772) 564-7800

(PhollO Nlllllbcr)

(Pccloral IO# or Social Sccoril:y #)

. 'G;\KA~A N~\P & J\I..IEN wAIVERS\Waiver_of_Lli!ori[lJ,OBT,A.iJ,.EO fOR J,pdi~n ~.doc

, 2006.

90

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

A ~

INDIAN RIVER COUNTY, FLORIDA BCC AGENDA ITEM REQUEST

MEMORANDUM


James W. Davis, P.E., Public Works Directo;r;..-,'IIG\,.,, AND

Christopher J. Kafer, Jr., P.E., County Engine.,.r---

Michael O'Brien, P.S.M., County Surveyor and Mapperp

Continuing Professional Survey Services Contract .0390 Work Order No. 3 (Engineering), Masteller, Moler, Reed & Taylor, Inc. Design/Topographic Survey for Proposed County Road 512, Phase V 1-95 to Willow Street (130th Avenue) . IRC Project No. 0445 - Release of Retainage

May 2, 2006 (for May 16, 2006 Agenda) CXJSISENT AGENDA


Indian River County entered into a Professional Surveying Services Agreement, Work Order No. 3 with Masteller, Moler, Reed & Taylor, Inc. (MMR&T) on January 18, 200S for Professional Survey Services for Planning and Design of the proposed roadway described as County Road S 12 Phase V, I-95 to Willow Street (130th Avenue). The Contract amount was $49,930.00,

The Surveyor has received $42,690.15 to date with $4,743.35 (10%) retainageheld by the County. The Surveyor has completed the work and is requesting a final payment due of$2,496.50 plus release of the retainage in the amount of$4,743.35 for a total final payment of$7,239.85.


Staff recommends releasing final payment plus retainage in the amount of$7,239.85. Funding to be from Account No. 10115341•066510-05036 (CR512 Phase V).

F:\Engi.neoring\Capital Project:s\0390-Annual Survey Contracts\Masteller Moler and Rcicd\0390 ace AgQpda memo Release ofRetainag0 IvlMR.&.T WO#,, o~-0Z-06.ctoc

91

PAGE TWO BCC Agenda Item from Michael O'Brien, County Surveyor CR 512 Phase V, Release ofRetainage May 2, 2006

ATTACHMENTS

1. Masteller, Moler, Reed & Taylor, Inc. Final 100% Invoice dated 04/24/06 2. Masteller, Moler, Reed & Taylor, Inc. Letter requesting release ofretainage funds dated

04/24/06

DISTRIBUTION

L Masteller, Moler, Reed & Taylor, Inc.


· FOR MAY 16 2006

,BY~·

Indian Coun

Administration

Bud et

Le al

River Approved

Risk Mima ement

Public Works

Date

F:\Engineering\Gapital l'rojoct,\0390-Annual Survey Contraels\Mastcller Moler and Rccd\0390 BCC Agenda memo Release ofRetoin•g• MMRl'<T WO# 3, 05-02-06.doc

92

MASTELLER, MOLER, REED. & TAYLOR, INC. ~ PROFESSIONAL SURVEYORS & MAPPERS~

Michael O'Brien, County Surveyor Indian River Co1.1J1ty 1840 25tiJ Street Vero Beach, FL 32960

RE: LR. County project #0445 Councy Road 512 Phase IV Work Order #3

Dear Michael.

April 24; 2006

oo~@§GW(g[Q) APR 2 4 2006

INDIAN RIVER COUNTY ENGtNEERING OIVIS\ON

Enclosecl please :find the :final 100% complete invoice fur surveying services on . the referenced project. Also enclosed is a compact disc containing the ACAD 2000 . Drawing as per our agreement.

Since this completes all deliverables as describe in our contract, we therefure request all retainage on prior invoices associated with this work order. We thank you .for the opportunity to serve the County's needs on this project, however if you require additional information or have any question, please give us a call.

Dave Taylor, P.S.M Vice President

Mob4-24-06,doc Dm/<11

1655 21" Street, Suite #2 Vero Beach. Florida 32960

Ph(772)564-8050 ~ Fax(772)794-0647

'"?te ~ s '=' (>'itoC.55

"F I 1"'.:> 'O. l y' t> 'I '(Y\~vt

~ 'Ze a u ~ s. "\ ""1:-c:i

'\?e Lec1:>.s -e t,,..1...<.._

'\?e:'; ~)0b.~ ~

93

To: Indian River County Michael O'Brien 1840 25th Street Vero Beach, FL 32960

Job Description:

Masteller, Moler, Reed & Taylor, Inc. 1655 27th Street Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647

Email: [email protected]

Invoice Revised 4-24-06

Invoice #; 30-1936 Date: 4-24-06 Project ID: 5632 Terms: Net 30 Days

County Road 512 from 1-95 west to Willow Street Contract Amount $49,930.00@ 100% complete= Less prior invoice 95% complete=

$49,930.00 $47,433.50

Amount Due Now:

Indian River County project# 0445 Work Order #3

.. .

$2,496.50

. . ~-~---~•~w••~•¥~~~-~-~•www•M••~•••••••www••-•••••••••••••~-•P•u•-w•••••••••••••••"••••••••••••••-•••••••••-~w•ww••••••

Make Checks Payable to Masteller, Moler,Reed, & Taylor

COUNTY SURVEYOR

DATE: A;-2,'.f'? -Qf.9

~IAL: ffef}, Please remit a copy of this Invoice with your payment.

Thank You!

Please Note: No final documents or drawings will be released Without payment in full. .. . .... _ ............. , ,. . -·· ... ·--·· .. AILpay.r.uents..are..due.upon..re,;eipt................ .. ........ ... . . ., .

All accounts past 30 days will be subject to 2% monthly interest and a $25 administrative service fee will also be charged for each monthly Statement of Account issued after the work is oompleted or suspended by either party.

Accounts past 45 days will be subject to lien, unless other arr,mgements were made at tims Contract was signed. (See Contr<1ct Standard Conditions) .

r.~~iCM"l -t n:..nnn~ ?-,d'?•AR. 01\A ~ \\7.er.11c\..,.r'l,._.t11o\P""',-.r.a"""' i=:"lli!>e:\E=IT~\l""uni,_iz\""J:r\..'IQ~ti: ,-1...,..

94

TO:

THROUGH:

FROM:

SUBJECT:

REFERENCE:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Director AND

Christopher J. Kafer, Jr., P.E., County Enginee:<:-,n.,-

David B. Cox, P.E., Senior Civil Engin~

Request for Floodplain Cut and Fill Balance Waiver for Lot 7, Block 13, Vero Lake Estates Unit 2 at 8325 92nd Avenue

Project No. 2005080059-54426

May 8, 2006 CONSENT AGENDA


Perugini Construction, Inc. has submitted a building permit application for a single-family residence on the subject property. The site is located in an AE special flood hazard zone, base flood elevation 22,3 ft. N.G.V.D. In the attached letter from the applicant's engineer dated January 11, 2006, a waiver of the cut and fill requirements is requested. The lot area is 1.07 acres. The volume of the 100-year floodplain displaced by the proposed grading plan is estimated to be 878.l cubic yards.

ALTERNATIVES AND ANALYSIS

The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stonnwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit.

Alternative No. 1

Grant. the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4.

Alternative No. 2

Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement.

95

PAGE TWO BCC Agenda Item from David B. Cox May 8, 2006

RECOMMENDATIONS

Staff recommends approval of Alternative No. 1.

ATTACHM'.ENTS

1. Letter from Ronald G. Keller, PE, dated January 11, 2006 2. Calculations for cut and fill

DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher J. Kafer, Jr., P.E., County Engineer 3) Robert M. Keating, AICP, Community Development Director 4) Ronald G. Keller, PE, KSM Engineering & Testing, Inc. 5) Perugini Construction, inc.

APROVED AGENDA ITEM

lndlnn River Coun

Bud ot

Lo al

Risk Mana cmcnt

Public Work,·

96

KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978" 1377 SEBASTIAN (772) 589-0712 PALM BEACH (561) 845-7445 CA. 5693 nE. 37~93 SI. 860 MELBOURNE (321) 768-8488 FAX (561) 845·8876 · .. r. .. ~ ... ST. LUCIE (772) 229-9093

FAX (772) 589-6469

· January 11, 2006

Perugini Construction 3200 43rd Avenue Suite #4 Vero Beach, Florida 32960

Re: Price Residence Lot 7, Block 13, Unit 2 Vero Lake Estates Subdivision Indian River County, Florida I.R.C. Project#: KSM 600014

Dear Sir:

I have reviewed the survey for the referenced project and the ordinance concEirning type 'C' stormwater manage.ment requirements for this type of structure. I have also indicated the proposed grades on the attached drawing, including the fill calculations. Based on this review, it is my professional opinion that the structure and site work appears to meet all the applicable Type 'C' Stormwater Management Ordinance requirements providing a waiver is granted concerning the cut and fill balance.

Therefore, the owner is requesting that the cut and fill balance waiver provided in section 930-07 (2) (d) 4 of the Stormwater Management and Flood Protection Ordinance be granted by the county.

Sho Id you have any questions or comments, please feel free to call me at 589-0712.

, .~ ~· K U-,. :e/ . Q p Indian Rte!' Coulty Engineering Department

. RGK:ao

97

CALCULATIONS FOR REQUIRED FILL

I 2

SQUARE FOOTAGE

6,475 9,535- 6,475 =

TOTAL CUBIC YARDS REQUIRED=

CUBIC YARDS

6,475(22.30-19.73) / 27 = 616.3 5,500(22.30-19.73) /2 I 27 - 261.8

87U

AREA REQUIRBD FOR CUT AND FILL BALANCE

CUBIC YARDS TO BE EXCAVATED= 878.1 C.Y ...

FILL EXCAVATED FROM PROPOSED 8,012 SQ.Fr, POND 3' DEEP= 878,l0 C. Y.

THEREFORE CUT AND FlLL REQUIREMENT IS SATISFIED,

NOTES:

CROSSHATCHED AREAS ON ELEVATION DESIGNATED THE AREA BETWEEN THE BASE FLOOD ELEVATION OF~ +22.3' AND THE AVERAGE EXISTING ELEVATIONOF +!9.73'

LEGAL 1) LOT 7, BLOCK 13, VERO LAKE ESTATES UNIT NO. 2, AS RECORDED IN PLAT

BOOK 4, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

CONSENT; May 16, 2006 BCC Meeting

Office of INDIAN RIVER COUNTY

ATTORNEY 1-r

W:ill.iam G. Collins II, Coun.ty Attomey Milian E. Fell, As!tistant Co=ty Attomey Willirun K DcBml, Assistant County Attorney

MEMORANDUM

TO: The Board of County Com.missioners

FROM: i,efYWilliam G. Collins II - County Attorney

DATE: May 8, 2006

SUBJECT: Slab Removal Agreement with DiVosta Building Corporation

The County's normal policy is to have form board surveys before any concrete slabs are poured for single-family residences. DiVosta Building Corporation is requesting a modification of this policy in view of the fact that it does a mass production of multiple pours .. Under the terms of the attached Slab Removal Agreement with DiVosta Building Corporation, they would be allowed to pour the slabs prior to a form board survey, but the fonn board survey would be signed, sealed and delivered with.in 24 hours of each house slab pour in Waterway Village. They are posting a replenishable cash escrow of $100,000 to guaranty removal of any improperly poured slab not meeting minimum finished floor elevation or minimum setback requirements of the County. If the County draws on the escrow and DiVosta fails to replenish the escrow, the County may tep:ninate the agreement by providing written notice to DiVosta.

Attached is. a sample Surveyor's Form Board Certification which has been reviewed and approved by the Co=unity Development Department.

Apparently this practice has been utilized uneventfully at the Tradition in St. Lucie County. Both the Building Official and Community Development Director have reviewed and are supporting the proposed Slab Removal Agreement.

APPROVED FOR - s5 ,.. ; la -Ola B.C.C MEETING ~ ~ AGENDA

lt.:;rw- ~ --couNrY ArroRNEYJ

lfldlVI Rivi!' C11.

Acimln. ~egal

Budge\

Risk Mgr,

Da\13

99

RECOMJ\1'.ENDATION:

Authorize· the Chairman to execute the attached Slab Removal Agreement with DiVosta Building Corporation and the $100,000 Cash Escrow Agreement to secure its performance.

WGC/nhm Attachments: Slab Removal Agreement with Exhibits A and B

Exhibit A is Cash Escrow Agreement Exhibit Bis Surveyor!s Form 'Board Certification

2

F:\Attorney\N"a.ncy\OOCS\MEMO\bcc re slab removal agreement divosta bldg_corp.doc 100

SLAB REMOVAL AGREEMENT

THIS SLAB REMOVAL AGREEMENT is made this ______ , 20_ by and between DIVOSTA BUJLDJNG CORPORATION, a Florida corporation C'DiVosta") and JNDIAN RIVER COUNTY, a political subdivision of the State of Florida C'County").

RECITALS

WHEREAS, DiVosta is a Florida building contractor engaged in the construction of single family residences on lots located in the County and owned by its parent company, DiVosta Homes, L.P., Delaware limited partnership, and

· · WHEREAS, DiVosta and the County_have agreed to pen:ni.t DiVosta to pour house slabs in the subdivision known as Waterway Village, prior to the delivery of form board tie,in surveys, subject however to the conditions set forth herein.

'

NOW TIIBREFORE, for and for and in consideration of these premises and the benefits to be realized by each party hereto, sufficiency of which is hereby acknowledged, DiVosta and the County hereby covenant and agree as follows: "

1. The above recitals are true and correct, and are incorporated herein by this reference.

2. The parties hereto agree that all houses consti:ucted within the subdivision located within Indian River County known as "Waterway Village" shall comply with all minimum fi:nished :floor elevation requirements and minimum setback requirements of the County's Development of Regional Impact and Conceptual PD approval for the Watei.way Village Development.

3. DiVosta agrees that it will remove, at its sole expense and within 10 days of receipt from County of a Mitten notice of a non-compliance, any house slab within Waterway Village that does not comply with all minimum finished :floor elevation requirements and minimum setback requirements of the County's final PD for the Waterway Village Planned Development. DiVosta further agrees that it will not seek any waiver, variance, or other administrative relief for any slab which is not in compliance and comply with all minimum finished floor elevation requirements and minimum setback requirements ofthe County's Development of Regional Impact and Conceptual PD approval for the Waterway Village Development

4. DiVosta agrees that it will provide a signed and sealed form board tie-in survey within 24 hours of each house slab pour in Waterway Village.

1

101

5. County agrees that DiVosta may pour house slabs on lots within Waterway Village prior to the delivery of form board surveys to the building department provided that DiVosta has delivered to the County:

a. an escrow in the llmOunt of$100,000.00 pursuant to an escrow agreement, a copy of which is attached hereto and made a part hereof marked Exhibit "A",· assuring the County that in the event a house slab is poured that does not comply with the County's minimum finished floor elevation or minimum setback requirements at1d DiVosta fails to remove the slab in accordance with paragraph three (3) above that funds are available to the Countj'. to remove the non-complying slab. In the event the County draws o:ri the escrow in accordance with this Agreement and the escrow agreement, DiVosta shall have .ten (1 O) business days after receiving written notice from the County of the amount drawn to replenish the escrow by the amount drawn. In the event DiVosta fails to timely replenish the escrow by the amount drawn, the County may terminate this Agreement by providing written notice to DiVosta.

b. · Submit to the County Building Official, prior to scheduling the form board inspection fpr each lot, a letter executed by the project surveyor, certifying that the form boards meet the minimum setback requirements and minimum

. finished floor elevation requirements, and that the poured slab meets the minimum setback requirements and minimum finished floor elevation requirements. The form of this certification is attached hereto as Exhibit B.

6. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but by writing signed by all parties to this Agreement

7. All of the terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the parties and their respective successors and assigns.

8. All notices, requests, consents and other.communications required or permitted to be given under this Agreement shall be in writing (including telefax or telecopy) and shall be sent by certified mail, postage prepaid, retum receipt requested, hand delivered, delivered by a recognized national overnight courier service, or sent by electronic communicati,on (whether by telefax, telecopy) addressed as follows:

To. the County: James "Buddy'' Akins, C.B.O. Building Official Indian River County 1840 25th Street Vero Beach, Florida 32960-3365 Tel: 772-226-1268 . Fax: 772-770-5333

2

102

ToDiVosta: Curtis K. Ring, President DiVosta Building Corporation 4S00 PGA Boulevard,· Suite 400 Palm Beach Gardens, Florida 33418 Tel: 561-625-8365 Fax: 561-624-5030

9. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be in Indian River.County, Florida. No remedy conferred upon any Party is intended to be exclusive; any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or.in equity or otherwise. · No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. '

10, In the event that any section, paragraph, sentence, clause or word hereof is held invalid by any court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect,·

11. This Agreement shall take effect immediately upon execution by the last party to sign.

12. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, understandings, or agreement between the parties, relating to the subject matter of this Agreement, whether oral or written.

13. A party's failure to enforce any provision of this Agreement shall not be construed as a waiver of the right to later enforce that or any other provision of this Agreement.

14. Only the parties to this Agreement shall have standing to enforce it.

IN WITNESS WHEREOF, the parties have signed this Slab Removal Agreement on the date set forth above.

Witnesses: DIVOSTA BUILDING CORPORATION

Print Name: ________ _

.By: ____________ _

Curtis Ring, President Print Name: ________ _

3

103

County Clerk

4

INDIAN RIVER COUNTY

By: ___________ _

Approved as to form and legal sufficiency:

-~ .")

By:._,L:,.c::~-.. --i· ft""""~A"{,,,i.g,<-4_~c-b~·-1:..t-w1111am G.~s;1l, Esq., County Attorney

104

EXHIBIT ''Al!

CASH DEPOSIT AND ESCROW AGREEMENT

THIS AGREEMENT is entered into this __ day , of _____ , 2006, by and between DIVOSTA BUILDING CORPORATION, a

Florida corporation (Contractor), and . INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County):

WITNESSE;TH;

WHEREAS, Contractor, a building contractor owned by its parent company, DiVosta Homes, L.P., is engaged in the construction of single-family residences. on lots located in Waterway Village which DiVosta Homes, L.P. is developing; and

WHEREAS, Contractor and County have entered into a Slab Removal Agreement whereby County has agreed to permit Contractor to pour house slabs within Waterway Village prior to the delivery of form board tie-in surveys, subject to, among other conditions cited in the agreement, the posting of cash escrow in the amount to $100,000.00; · ·

NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows:

1. Contractor has tendered to the County Office of Management and Budget (Escrow Agent) the sum of One Hundred Thousand and No/100 Dollars ($100,000.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Contractor shall perform in all respects the obligations set forth in the aforementioned Slab Removal Agreement, which

· agreement is attached hereto and incorporated herein by reference.

2.' Upon completion of all slab pours in the Waterway Village ORI, the Contractor may obtaJn disbursement from the escrow account by making a written request to the County's Building Official. The County's Building Official is James "Buddy" Akins, C.B.O. whose address is stated in the Slab Removal Agreement.

3. Within seven (7) working days after receipt of a disbursement request, the Building Official shall cause an inspection of the work. If the Building Official is satisfied in all respects with the work, the Building Official shall notify in writing the County Office of Management and Budget. The Office of Management

1

F:\Attomcy\Nancy\DQCS\F'ORMS\cash deposit guarantying slab removal.doc

105

and Budget shall make the disbursement as approved by the Building Official directly to Contractor.

4. Upon default by Contractor under the Agreement, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the· County in accordance with the Agreement. Funds necessary to remove any non-complying slab (which the parties agree shall be $10,000.00 per slab) shall be disbursed t6 the County upon receipt by the Office of Management and Budget of a written notice from the Building · Official stating that Contractor has defaulted under the Slab Removal Agreement. The Building Official shall provide a copy of said notice to Contractor in accordance with the Slab Removal Agreement. All funds disbursed to County in excess of the final amount determined necessary by the County to removed slabs shall be returned to Contractor, its legal representatives, successors or assigns. ·

5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Contractor at close of escrow.

6, The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect: engineer, attorney or other party providing labor, material, supplies, or services, or to benefit any lot purchase, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Contractor.

7. This Agreement, together with the attached Slab Removal Agreement, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or · understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the Board of County Commissioners, as first stated above. ·

DIVOSTA BUILDING CORPORATION

By: _________ _ Curtis Ring, President

CONTRACTOR 2

F:\Attomey\N"ancy\DOCS\F0RMS\cash deposit guarantying slab removal.doc

106

ATTEST: Jeffrey K. Barton, Clerk

By:: __ --:---,-.,,..,---,---Deputy Clerk

Approved as to Budget Matters:

By: -l-0!:'B

Approved as to form and legal Sufficiency: ~ By: ·ft!{. I'. '1A/(.

W~ram G.omnsii County Attorney

BOARD OF. COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: -c-----::-..,.,--,----,---,.--Arthur R. Neuberger; Chairman

COUNTY

3

F:\Atto1ney\Nancy\DOCSWORMS\cash deposit guara,:,tying slab removal.doc

107

,, _______ ,, __ , _ ___,

• EXHIBIT· 11 B11 I

FORM BOARD CERTIFICATION

TO WHOM IT MAY CONCERN:

I HEREBY CERTIFY THAT:

1, A FORM BOARD TIE-IN SURVEY WAS PERFORMED ON LOT , ISLES AT WATERWAY VILLAGE - PLAT 1A PD, PLAT BOOK , PAGES THROUGH , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA

2, THE SIDE FORMS FOR THE BUILDING MEET OR EXCEED THE MINIMUM SETBACKS ACCORDING TO THE APPROVED MASTER PERMIT PLAN ON FILE WITHIN INDIAN RIVER COUNTY, FLORIDA.

3. THE FRONT FORMS FOR THE BUILDING MEET OR EXCEED THE MINIMUM SETBACKS ACCORDING TD THE APPROVED MASTER PERMIT PLAN ON FILE WITHIN INDIAN RIVER COUNTY, FLORIDA.

4. THE REAR FORMS FOR THE BUILDING MEET OR EXCEED THE MINIMUM SETBACKS ACCORDING TO THE APPROVED MASTER PERMIT PLAN ON FILE WITHIN IND.JAN RIVER COUNTY, FLORIDA.

5. THE TOP OF FORM ELEVATION IS NGVD, 1929.

6. THE PROPOSED FINISH FLOOR FOR THIS BUILDING IS NGVD.1929.

DATE: / /

STEVEN J. HYDE, P.S,M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 6436 ·

108

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Department of General Services

Consent Agenda

Hli / lfi-

Date:

To: .

Thru:

From:

Subject:

May9,2006

The Honorable Board of County Commissioners


Thomas W. Frame, General Services Director ~ u) •~

HUD Grant Renewals on Behalf of the Treasure Coast Homeless Services Coµncil, Inc.

BACKGROUND: Attached, please find a letter from Ms. Louise Hubbard, Executive Director for the Treasure Coast Homeless Services CouncH Inc., requesting the Board of County Commissioners to approve the execution of the applications by the Board Chairman so that the applications can be submitted for the 2006 competition.

As noted within the letter from Ms. Hubbard, there are four different areas in which the grants could _be awarded.

1. Transitional Housing Renewal $70,063 (One Year) The requited match is to . be paid by Homeless Family Center, Inc., ($17,515.91)

2. Continuum of Care Wide Homeless Management Information System $72,354 (Two Years) The required match is to be paid by Treasure Coast Homeless Services Council, Inc., ($18,088.50) ...

3. Homeless Management information System Expanded Service Renewal (One Year) The requited match is to be paid by Treasll!'e Coast Homeless Services Council, Inc., ($25,856)

4, Indian River County Shelter Plus Care Renewal (One Year) New Horizons of the Treasure Coast will provide in-kind services match.

Indian River County will incur no expenses relative to paying for any matches. The total of the grants is $279,081. The combined match to be paid by the various agencies is $42,068.41 paid by the above referenced agencies

RECOMMENDATION: Approve the request to allow the Treasure Coast Homeless Services Council to submit the grants on behalf of the County and authorize the Chairm;m to execute the grant applications.

Approved Agenda Item Indian River Co, Approved Date

For:

By:

F:\Oeneral Serviees\Tom\Agenda Itc:ms\2006\May\HUD Grant Renewals for Treasurecoast Homoless Service Council.doc

1

109

TREASURE COAS'f HOMELESS SERVICES COUNCIL, INC. 2525 St. Lucie Avenue Vero Beach, FL 32960

772-567-7790 tchelpspot.org irhselh@aoLcom

Indian River County Board of County Commissioners 1840 25th Street · Veto Beach, FL 32960

Dear Commissioners; May 1, 2006

The Treasure Coast Homeless Services Council, Inc. is requesting that the Board of County Coml.lili,sioners approve four HOD grant renewals to be signed by Commission Chair, Art Neuberger.

(J,) Transitional Bou.sing Renewal-One Year $70,063.00 • The match for this project, $17,515.91, is being provided by the Homeless Family

Center, Inc. This renewal requires no matching funds from the County.

(2) CoC Wide Homeless Management Information System Renewal-Two Years $72,354.00

• The match for this project, $18,088.50, is being provided by the Treasure Coast Homeless Services Council, Inc.

This renewal requires no matching funds from the County. ' ' '

(3) Homeless Management lllformation System Expanded Services Renewal - One Year • $25,856.00

• The match for this project ,$6,464.00, is being provided by the Treasure Coast H:omeless Services Council, Inc.

This renewal requires no matching funds from the County.

(4) Indian River County Shelter Plus Care Renewal- One Year $110,808.00 • No cash matching funds are required for this projeot. New Horizons of the

Treasure Coast will provide a service match. This renewal requites no matching funds from the County.

These four renewals all represent grants previously approved by and awarded to Indian · River County through the HUD Continuum of Care competition in previous years. The Treasure Coast Homeless Services Council is applying for these renewals in this 2006 competition.

Please feel free to call with questions and, as always, thmlk you for your continued support of the quality of life in Indian River County.

Sincerely,

Louise Hubbard Executive Director

110

APPLICATION l'OR Version 7/03 FEDERAL ASSISTANCE 2. DATE sUEIMITTEO Applicant ldentifior

1. TYPE OF SU,.MISSION> 3, DATE RECl:!IVl'1r;, BY STATE Stoto Application ld•ntmer Ap~lieation PnH1ppfiea!lon

iJ Con•lruction IJ C:on<ltuctlon 4. DAT!: RECl!I\IEO BY FEOEru<L AGENCV Federal ldontlflor

~ "''on .. C .. ""structron r1N.., cti(l,n S. APl>UQANT IN•ORMAnON Legal Name: . Ora11:nitationaJ Unrt .

Indian River Oounty Board .ol O,,unty C0mmi••lon•rs Oepartmegt Boal'd of ounty Cammi$Sior'lers

O~•nlzationol DU NS, 0 -20$-989

DMsiQo!

Addre:s:s: . Na.me and telephone number of pon:on to bia contaeted on rnatterlll $treet. involvloa this appllcatl0n rolve aroa codel County Admlnls~a!ion 8ld9, 1840 25th 811"<>'11! Pref,x; First Name:

Mr. Jason

Wl •r<> Boac:h MlddleNamo

,;;ounty~ lndiso River

lfnsl Namo n,wn

srw F • Zl;&i!li°odo Suffix:

6t'Ant,y: Email> JBROWN@IRCGOV,COM

$. EMPI..OYER IDEiNTIFIClA TION NUMBER (/i/N): Phone Number (gilft area code) I F.X. Number (slve area OOdt)

l!Jfifl-1s 110110 1[)16111 /141 772-SB7'41000x1257 772-170-S331

8, TYPE Of AP PUCA TION> 7. TYPE 0P APPLICANT: (Se• baok of form for Applimtion '!\IP••)

I\J Now ID Collfinuotion lf:1 R011ision B If Rovlslon, onlot •eropriate l•ttor(•) In box(oo) S•• book oflotm or ~••onption of l•tt..ro.) D ~•r (opooify)

.

Othor (~peci!y) RlilNEiWAl.

9. NAME QF FEOl!RAL AG!;:NC'(: US Oia!'T. OF HOUSING l!J'lD Ul'!BAN OEVELOPMiaNT

10. CATALOG OF Fl!Dl!""L 00Mi.&TIC ASSISTANCE NUMBER: 11. Da,ICFIIPTIVE nn.e OF APPLICANT'S p...,JECT:

' [DGJ-[l@J@ ONE YE:AA ru!NEWAL OF TRANSITIONAL HOUSING AAOJECT

TITLE (Nome of Pm~•m): FAMll Y OPTIONS

Continnuom of CM> Qlli<lleOIS Asslst•n"" 12. AReAS AFFECTE!D $V PROJECT (Cili .. , Count/ .. , St.,._., •o,.): FL 608 -Ft Pl•""IISI, LUOOI, Indian River, Mortin

1$. PROP0SED PR0Ji.0 1 14. 00N!.IRE$SIOIIIAI. OIS OTSOF: Stiort Doto; j Ending Doto: a. Applloant hb. Project 05/01/2007 04130/2008 15-16 . o-1s 10. ESTIMATE;o FUNDING: 16.1$ APPUOA11l)N SUIIJEOT TQ .,..VIEW BY STA,,. EXECUTIVE

""n"" '°S"' P'"'C"~"'~ · a. Fedora.I ' - a. Yo•. JO THIS PRl!APPLIOATION/APPLICATION WM MADE 70,059.61 70,064. AVA!LABI.E TO THt;; STATE EXECUTIVE ORDER 12372 b. Applloant • :· PROCESS FOR R~VIEW ON

~. Stll\O ~ ." DATE:

d. Lo0<>I ' .. b. No. WI PROGRAM IS NOT OOVISRED BYE. 0. 12372

a. Other J .. (] OR PI\OGAAM HAS NOT BEEN Sl;:I.ECTED SY STATE 17,615 . F~D D~VIEW f. P:rogr.atn lncoll'le I ," 17. IS THE APPI.ICANT DELINQUENT ON Al\111' FEDERAL. oea, , g. TOTAL I "" • Yes If ''Ye&'' aftach an eJCph,nation, w.!JNo 87,678.87 87,579' 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TF\UE AND CORRECT. THE

DOCUMENT HAS SEEN DULY AUTHORIZED BY THE GOVE!RNING BODY 0F THE APPLICANT AND THE! APPWOANT WILL COMPLY WITH THE ~TTACHEO A$SUll>ANOES IF TME ASSISTANCE IS AWARDE0.

• ·oJ'iGdKe • • i'l'l>!bc ~RfN•mo

Lao!Nom• NEUBEiRGl;R :;i, TWe CHAIRMAN

,. ,signature of Authorlzod Rep,...ontallvo

Provlou. ~d"ilion U"'~"' Authoriz:ed for Looal R~orodu~on

Miodle N•mo

Suffix

F,, Tol•rono Numbor (Qlve eraa oodo) 772-5 7"8000 e. Oato Slgnod

Standord Form 424 (Rov.S-2003) Pr•sol1b•d bv 0MB Cir®lor A-102

111

Applicant/Recipient Disclosure/Update Report

U.S. Department of Housing and Urban Development

0MB Approval No. 2510..0011 (ei,p. 12/31/2006)

Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.) A llcant/Reci lent Information Indicate whether this I~ an Initial Report O or an Update Report 121 1. Applioar!I/Reotpienl Name, Addresa, and Phone (Include area code): 2. SooiaI SeoulilyNumber or

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Employer to Number. 1840 25 TH Street 59-600067 4 (772) 567-8000

3. HUD Program Name Continuum of Care Homeless Assistance - SHP

5. Slide the name and loelidion (o;,tnm add-, City and state) af tll8 project or ac!Mty: 1840 '2£/" street, vem aeacn, Fl $ISl50

Part I Threshold Determinations 1. Ara you applying for assistance for a speclJlo proJeot or activity?~

tenns do not include formula granta, such as public hotJSlng operaUng wbsldy or CDBG block granl$. . (For further lnfonnatlon "' 24 CFR See. 4.3),

!;Elves D No

4. Amount of HUD AsslGtanee Requasted/Reeelvad

70,063

If you answered "No" to either question 1 or 2, stop! You do not need to complete the remainder of this form. However, you must sign the certification at the end of th_e report,

Part II Other Government Assistance Provided or Requested / Expected Sources and Use of Ful'lds. · Such assistance Includes but is not limited to, any grant, loan, subsidy guarantee Insurance payment credit or tax benefit

' ' ' ' ' ' o--$nb'Sfa1Et/~I •-• Name and Address ••-of~noe Amount w-uestedll'rovided u-of the Funds

..

Part Ill Interested Parties. You must disclose: 1. All developers, contractors, or eonsultanl$ Involved In tht applloallon for the assislanca or 111 the planning, development, or Implementation of the project or

aeti\/ity and 2. any other person who tin a fcMllclal inlereGI In the pro]ect or activity for which the a~atance la liOUght that-• $50,000 or 1 o perc,mt of tho ass!Qnco

(Whichever is lower). Alphabetical flat of all pel'$0n& with a repo,mble linandal i-in th• -•oet or a'"""""' iForinlfnndua'• nive ttie last name firsll

.. (Note: Use Addlt!Qffllf paglllil ~ _,_.ty,)

Certification

Social Seoumy Na, or Em"'~- ID No.

1)pll of P:ffllolpatlon In Flnancilll fntere;,t in Prnioctl• ,.;...., Pro11101/Act•""' 1$ and % 1

Wamlng: If you krlQwlngly make a false slalement on this form, you may be subject 1D civil or Ql'fmlnal penaHles under Section 1001 of Tille 18 of the United Slates Code. In addiUon, any person who knowingly and materially violates any required dis.closun,s of information, fnoludlng Intentional non-dis.closure, Is s\Jbjeot 1D civU money penally not to exceed $10,000 for each violatio~. I certify that tlli$ Information iS tnJe Md eompleto. Si,gnaluni:

X

112

TREASUR!il COAST HOMELESS SERVICES COUNCIL INC. CONTINUUM OF CARE

Section I: Project Summary Information

Part A: General Proiect Information (All Projects) 1. Project Primity Nlll)loer 3. If renewal, list previous Previous Grant Number:

2. D New Project FL29B509002 (Ftom Project Priority 181 Broewal PJ:oject

grant lllllliber & project PIN Number: FL13199 Chart inExbibitl): _2_ ide.11Hli.,.·llIIIlibet (PIN)

4. HUD•Defiried CoC Name: 5. CoCNuinber: Ft. Pierce/St. Lucie, Indian Rive,:. Martin Cowilies CoC FL-509 6. ApplicanfsOrgalli:zationName (Legal Name from SF-424) 8. Appli\;3llt' s DUNS Number Indian River Cmmty Board of COUllty commissionei:s (From SF-424): 7. U Check bo:1: if Applicant is a Faith-Based Orgalliz.ation 079-208-989

181 Check boi.: if Applicant has ever received a federal gmnt. either directly from a fedetal ai,encv or throu"h a state/local -11CV

9. ProjectApplicant"s Address (FromSF-424) 10, Applicant's Employer Street: 1840 25'" Street Ideu:tification Nnmber (EIN) (l'rom City: Vero Beach State: Fl Zin:32960 SF-424):59-6000674 11. Contact person of Project Applicant: (FromSF-424) 12.181 Check box if Project Nall)¢: Jason Brown Phone ll\Ullbet:772-567-8000 Applicant is the same 3$ Project Title: Budget Director Fa.-..: .ll'.lllllber: 772.567-5991

Email Address: _jbrownrt'/)ircgov.com Spoll$0t

13. Project Name: 14. Pro.iect's location 6-digit Family Options Transitio1ial Housing Geographic Code: 129061

15, Project Addtess (S+c SRAs, lf m11ltiple sites list all add.l'e= including): 18, ll,I. Check box if Energy Star is Street: 720 4tn Street U$ed in this 11roiect City: Vero Beach Slllte: Fl Zip: 32962 19. Project Congressional Districts 16. D Check boxifpff(iectislocated i,o.a llural.Area 15-16 : 17. If project contaills h011Sin"' ,uiits, are these 1lllits: 0 Leased'? 181 Owned? .20, Prqject Sponsor's Organization Name (If different from Applicant) 22. Sponsor's DUNS Number:

21, LJ Check box if Prqiect Sponsor is a Faith-Based Organization D Check box if Project Spo11sor has ever received a federal grant, either

directlv from a federal ao<encv or throu"'• a state/local am,ncv 23, Project Sponsor's Address (if dilfmnt from Applicant) 24. Sponsor's Employer Street Ide11tificati~ N,Ullber (EIN): City: State: Zin: 25, Contact person of Project Sponsor (if di:lrerent fro111 Applicant) N/A Name: Phone mllllber:: Title: Fa.-..: nwnber:

Email Address:

113

TREASURE COAST HOMELESS SERVICES COUNCIL INC, CONTINUW OF CARE

d. Proposed, SBP Activities

1. Acquisition

2. Rehabilitation

3 •. New Construction

4. Subtotal Lines l throu h 3)

5. Real Property Leasing FromL . Bu amrt 6. Supportive Services

From Supportive Services Budget Chart

7. Operations From Operating Budget Chart

8. HMIS Froi.n HMIS Budget Chart

9. SBP Request (Subtotal lines 4 th.rough 8)

10. Administrative Costs to 5% of line 9

11. Total SHP Request Total lines 9 and 10

All SHP Pro· ects

e. SBP D-011.ars f. Cash Match g. Totals Re uest (Col e + Col

70,063,67 17,515,91

Total Cash Match

70,063.6 17,515.91

87,579.58

Total Budget (TotalSH.P

Request+ Total Cash Match)

87,579.58

form HUD-40090.211 4

TREASURE COAST HOMELESS SEIW'ICES COUNCIL INC. CONTINUUM OF CARE

Part C: Point in Time Housing and Participants Chart 'All Proiects Except Dedicated HMIS Proiects) 1. Housing Type* la. LJ Multi-family lb. 0 Scattered Site

(Check all that apply) 0 Single-family 0 Project Based I&! Con-ateFacilitv a, Current b. New Effort or c. Projected

2. Units, Bedrooms, Beds Level Change in Effort Level IPoint-ill-Tillle) ffi An,..Jicabld (column a+ COL b\

Number of Units 1 Number of Bedrooms 12 Number ofBeds 28

3. Participants 16 a. Number of Families with

Children rnamnv Households) i. Number of adults in families 16 ii. Number of children in families 12 iii. Number of disabled in families 4

b. Number of Single Individuals and Other Households w/o children

i. Number of disabled individuals ii. Number of chronically homeless

•Hoosing Types: Multi-fil:mily (apartments, duplexes, SR.Os, other buildings with 2 Q1' more units); Single-fttmily; C e Facilitv ( donnfu>rv, barracks, shared-livin°\

Part D: Ta,rgeted Subpopulations (All Projects Except Dedicated HMIS Projects) . List the approximate percentages for each homeless subpopulation you expect to serve. If you expect to serve subpopulations that fit more then one category (i.e. Severely Mentally m Persons with Chronic Substance Abuse), you may pl!ICC overlapping approximate percentages on the appropriate lines. (/this is a #1 nrioritv nrofect, it must serve JOO% chrontcallv homeless oersons to recetve the PH bonus. 1. Homeless Subnonulations 2, Annrn:timate Percent-es (%)

Chronicallv Homeless {as defmed by HUD) Severely Mentallv Ill 30% Chronic Substance Abusers Veterans

.

Persons with HIV/AIDS Victims of Domestic Violence Unaccompanied Youth ITTnder 18 vears of a2e)

Part E: Discha

1.12] Yes O No

Only State & Local Government licants Are there policies and protocols developed or implemented for the discharge of persons from publicly funded institutions or systems of care ( e.g., health care facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness or requiring homeless assistance for such persons in your 'urisdiction?

115

TREASURE COAS'l' HOME:LESS SERVJ:CES CotJNCJ:L INC, CONTINOUld OF CARE

Part F: Project Leveraging Chart (All Projects) HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals. HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs. Please be aware that undocumented leveraging daims may result in a re-scoring of your application and possible withdrawal of your conditional award(s). For further instructions for filling out this section, see the Instructions section.

Type of Source of Identify Source as: Date of Value of

Contribution Contribution (G) Government"' Written Written . or (P) Private Commitment Commitment

hi: Child Care CDBG G 2/15/06 $10,000 Housing and Services Homeless Family p 4/24/06 $728,000

*Govermnent IIOorces are annronriared dol)an. TOTAL: $728,000

Part G: Project Participation In Homeless Management Information S stems S (All Projects Exe t Dedicated HMIS Projects) [21 Yes D No Is this project participating in the HMIS?

_06_/_2003. __ If"Yes," what date did this project begin participating in the HMIS? mm/ ear If "No," enter the date the project amicipates beginning participation.

[21 Yes • No Will client-level data be included in the HMIS fur all persons served by this

r ·ec11

Part H: Renewal Performance (All Renewal Proiects) Are there an:y unresolved HUD monitoring findings, or outstanding audit findings related to this project? If "Yes," briefly describe.

l,OYes £8,lNo

fom,HUD-40090-2116

TREASURE COAST HOMEU:SS SEl:WJ:Cll:S COUNCIL INC. CONTIN'OCIM Ol!' CARE:

Are there any significant changes that you propose in the project since the last funding approval? Check all that apply: D Number of persons served: from __ to __ . D Number of units: from to __ . D Location of project sites.

2.OYes IZ!No 0 Line item or cost category budget changes more than 10%. D Change in target population. D Change in project sponsor .

. 0 Change in component type. D Other: Please explain changes:

B: Renewal Performance (Continued) . CFor all S+C, SHP-PH SHP-Ul SHP-Safe Haven, and SSO Renewals): Use information from the most recently submitted Annual Progress Report (APR) to answer questions 3, 4, and 5. lf an APR has not yet been submitted for this renewal project., please check the N/A box and skin these anestions. 0 N/A

3. Permanent Housing (PB) Performance (To be filled out by all SBP and s+C renewal permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent housing). Complete the lbllowing chart using data based on the preceding qperaring year from APR Questions 12(a) and 12<h): a. Number ofnarticioants who erlted PH nroiecrisl-APR Oi,estion 12(a) b. Number of participants who did not leave the m-niect(s,_APR·fln"•tion 12 "'' C. Of those wh.Q exited, how many stayed 7 months or !anger in PH-APR Ouestion 12(a) d. Of those who did not leave, how many stayed 7 months. or longer in PH-APR question 12(b) e. Percent.age of all participants in PH projects staying 7 months or longer % [(c + d) divided by (a+ b)] x lOO=e. Examule: [(16 + 15) divided by (20 + 20)) x 100 = 77.5% 4, Transitional Housing (TB) Performance (To be filled out by all SHP renewal transitional housing projects, including both SHP-TH and SB.P-Safe Haven tranllitional housing). Complete the following chart using data based on the preceding operating year from APR Question 14: a. Number of""mcioants who erlted 1H uroiect(s\-inch1<1ino Ullknown destination 25 b. Number of · · ants who mowd to PH from. anv destination identified as athousin<> 15 C. Of the number of participants who left TH, what percentage moved to PH'/ 60

(b divided by a) x 100 = c Examnle: 04 / 18) x 100 = 77.7°/o.

form HOD-40090-211 7

'l'.REASURE COAST HOMELESS SERVICES COUNCIL :me. CON'l'rNOOM OJ!' CARE

5. Supportive Services • Mains1ream Programs and Employment Chart (To be filled out by all S+C and SBP renewals, except dedicated HMIS projects) HUD will be assessing the percentage of clients in your renewal project who gained access to mainstream services and, especially, who gained employment. Based on responses to APR Question 11 complete the followine::

1 2 3 4 N11111ber of Adults Who Left Income Source Number of Exiting % with Income

(Use the same lllllllher Adults with Elldl Source at Ent in each row) of In£ome (CoL ;l + CoL 1 x

100) E:s:a-wJe: 105 a. Soda! Seca:rlm l'nsurance "'-"" 40 38.1%

105 b. Social Security Disability 35 33.3% h!IIO'IIJlce l'i!:.cmn

105 C. Social . 25 23.8% 25 a SSI 2 so/4 25 b. SSDI 2 8%

c. Social Secarlty 25 d. Gc:ncrn1 Public AllsiSlllnCe 6 24%

e. TANF f. SClilP g. Veterans Benefits

25 b. Emplo:vme11t Income 16 64% i. Unemployment Benefits j~ VCb!ranS Health Care

25 k Medicaid 9 36% 25 1. Food Stamps 9 36% 25 m. Other-Child Suppcrt-FEMA 2 8%

IL No Financial Resonrc:es 1 4%

TREASURE COAST HOMELESS SEP.VICES COUNCIL INC. CONTINUUM OF CARE

12. SHP SuJ)portive Services Budget All SHP Projects as Aoolicable) SHP Dollars Reauested

Suooortive Services Costs Year1 Year2 Year3 . Total 1. Outreach Quantity: 2. Case Management ... . . : 3. Life Skills (outside of case management) ('

4. Alcohol and Drug Abuse Services Qu•ntmr; 5. Mental Health and Counseling Semces Quantitv: 6. HIV/AIDS Services -• . 7. Health Related & Home Health Services - . • 8, Education and Instruction Ouautitv: 9. Employment Services 30,000.28 Quantity: One FTE 10. Child Care fluantitv: 11. Transportation Quantity: 12. Transitional Living Services Ona:rrtitv: 13. Other (must specify •)HOUSING PLACEMENT SPECIALISTS 57,597.30 - ·2FTE • 14. Total SEIP supportive services dollars 70,063.67 f""uested in lines 1 to 13: ""' *If not specified, the costs will be remc:,ved from the budget. ** Total of Line 14 mnst match liile 6 column e. an the Proiect S , Budl et.

15. Total tllllh match to be spent on SBP 17,515.91 eli.,;ble sunnortive service activities. **"' *** c~.Match can be spent on any SHP eligible activity (seethe cha.rt in Section m.A3._ofthe NOFA for these activities). The amount of the SHP request (entered in line 14) must be no more than 80 percent of thi:i tolal supportive services budget (i.e., 80 percent of line 14 plus line 15). The total of Line 15 must match line 6, column f. on the Project Summary Budget.

formHOD-40090-~ 1 9

TREASuruil COAST HOMELESS SERVICES COUNCIL INC. CONTINUUM OF CAM:

Section IV: Applicant Certification These certified statements are required by law. Previous versions obsolete form HIJD-40090-4

A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs:

Fair Housing and Equal Opportunity. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the ground of race, color or national origin, be excluded from p;uticipation in, be denied the benefits of; or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transfuree, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits:

It will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin. ·

It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related facilities provided with Federal financial assist.ance. ·

It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-1), which state that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the perform.a.nee of Federal contracts and shall take affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defmed in Section 130.5 of HUD regulations the equal opportunity clause required by Section 130.15(b) of the HUD regulations,

It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in connection with the project be awarded in substantial part to persons residing in the area of the project.

It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities.

It will comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as amended, and implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects and activities receiving Federal financial assistance.

120

~ORE COAST HOMELl!lSS SERVlCES COUNClL INC. CONTINUUM OF CARE

It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members of minority groups and women.

If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain information concerning the assistance.

It will comply with the reasotJable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended.

Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will coinply with this section's nondiscrimination requirements within the designated population.

B. For SBP Only.

20-Yea.r Operation Rule. For applicants receiving assistance for acquisition, rehabilitation or new corurtruction: The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application. · · ·

1-Year Operation Rule. For applicants receiving assistance for supportive services, leasing, or operating costs but not receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided.

C. For S+C Only. Supportive Services. It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of.rental assistance funded by HUD for the full term of the rental assistance.

D. Explanation. Where the applicant is unable to certify to any of the statements in this certification, such applicant shall attach an explanation behind this page. ·

Signature of Authorized Certifying Official:

Title:

Applicant:

Date:

For PBA Applicants Only: . (PHA Number)

121

APPLICATION FOR Vorsion 7/03

FEDERAL ASStsrANCE 2. DATE SUBMITl'ED Appll .. nt ldenlin•r

1. TYPE! DF SUBMISSION: 3. DATE RcCEilVED BY STA,~ Slate Appll,,.tion ldenllflor Application Pra-appllcatlon

0 Construction 0 Con•truotion "' DA'rS RECl!iVl'!D av FEDSRAL AGENCY Foder.ii ldenti(,.r

m· .. ,_ - .. eortstruotl01n (1 .iruotlM 5. APPLICANT INFORMATION L•gol Name: Omanl,ational Unit:

Indian Rivet County Boattt o/ Ceunty Commi$!!llloners Department Soard of County Commissioners

Orfn!Jl!ation•I DUNS: 07 20 •989

Di\/i$ion:

dres-.s: Name emf. telt.pnone oumb•r of person to be et:Jhtacted on m1dUr.s st ... et Involving thla •PPlication (give area ood•) County Admlnlstration Bldg, 1840 25th Stre&t · Prefix: First.Name:

Mr. Ja110n

Wrl ere Bea<::h Middle N•m•

County: µ1<1 Nam• ind.Ian Rlv,,r lilrown .

stato: FL ~iid• Suflb<:

6W,.ntry: EmA15 • JB WN""IRCGOV.COM

6. E!MPLOYl!R IDENTIFIOATION NUMaER (Ei/N): PhQne N,umbrar (give 1~ code) ftax Numb•r (give area, eode)

l!]@-16 HO 110 110 l@:)'77141 n2-!i!l7-SOOOx12S7 172.770-,!;331

8, TYPE OF APPLICATION: 7. , ,P& OF APPLIOANT: (S.O bool<offormlor Application Types)

I( New [['.J OorrtlnY•tton Jr Rovi•lon B f R•vlslon, ontor "/'!'opria!/1 lott,,r(s) In box(••J

ioth•r (•poQlfy) (S"" bock olfQrm or d•ootlptibn ofi•l!OruJ D J

Oth•rtp•oify) . R!Nlii AL,TWO Y!!AM

9. N~E OF PEDER.AL AGl'Ti!lOY: US ePT, OP HOUSING A O URBAN OEV!LOPME;NT

10. OA'rAl.OG OF FE!D!!RAL DOMES'TIO ASSlsTANOE NUM131!Rl 11, DESCl'llPTIVE TITU; wr Al'PLICANT'" l"FIOJ1;01':

[]GJ.fil@l@ TWO YSAR RENEWAL OF COC•WIOE HM!$

TITU, (N•m• or l'ro~m): Colltlnnuum of Cars molM• Aoslstano,; 12. AREAS AFFEOlli£D l!Y PROJECT (Clti ... OounON. stoiff, eo,J:

FL 509 -Ft Pierce/St. Luolo, lndi•n River, Mariln

13. PROPns1w PR.OJECT 14. CONGFIE!$Sl0NAL DISTRIOTII OF: 1511\rt Oa1>1o: I EOdinQ Dato: •· Appn""nt b, l'roJ""1 QS/01/2007 04130/2008 15-16 5-16 15. E$'rlMATED FONtllN<i: 1&. IS APPuCATION $Ul3JECTTO l't!Ml<W BY STATE EXECUTIVE

~nD"R 123•• ~~ooess? a. FOdOl1'1 ' - ID THIS l'REAPPLICATIONIAPPLIOATION WM MADE· T.!364 72,354' a. Y•o. AVAILASLE TO THE STATE l:Xl!iCUTI\I<; Oll.00:R 12~72

b. Appll911nt ' .-- PROC5SS FOR REVIEW ON

C. sta11 ; - DATE;

d, Loool • .- b.No, fld PROGRAM 1$ NOT COVERED li!Y E. 0, 12372

e. other. -- Cl OR PROGRAM HAS NOT i!IEEN $1:lECTED BY S'tAT!! 180088:.6() 180,089.

~~0 REVIEW . I. Prosn1m Income i .'" 17. IS THE AP~wCANT DEllfllQUENT ON ANY FEOEl'W. OEBT?

9·1r-i1t.so "" 0 v .. If "Yoo' alt>c!I an ••plan,tr..n. ~No 90,443'

18. TO THE BEST OF MY K, "'"~EDG!a AND ~=LIEF, ALL DATA IN THI$ Al'PUOATION/PF!JoAPPI.ICATIDN ARE TRUE AND CORRECT, THE OOOUMENT HAS BEEN DUI.. Y AUTHORIZED BY THE GOVIIRNING BODY OF THE APPLIOAN'I' AND THI; APPUCANT WILi. COMPLY WITH THE IITTAOHEn ASSURANC'"' Ir lHE ASSISTANCE IS AWAROl!it'l. • r~d • ttve Prof!)( ~ft+N•me Last Nam• NEUBERGER o, T~I•

· CHAIRMAN ti., Signatun!l crf Authotizod Representative

Prevk,ws Edition U~able Authortzod for 1,..Qc:al Rcn:,rQdu¢ion

lliddlo Namo

Su1flX

F, Tolephon• Numbor wive"""' oodo) 772•""7-81,l()O .

~. Dato Slgnod

Standard F<>rm424 (Rov,8•2~) Proscribed bV 0MB Cln:ular A-102

122



0MB Approval No. 2510-0011 (exp. 12/31/2006).

Instructions. csee Public Reporting statement and Privacy Act Statement and detailed instructions on ·page 2.)

A llcant/Reci ient Information Indicate whether this ls-an Initial Report O or an Update Report 121 1. Applicant/R«:lplent Name, Address, and !'bone (include am ,;ode): 2. Social Seelllily Nwnlle!' or

INDIAN RIVER COUNTY BOARD OF COUNlY COMMISSIONERS E.mptoyer lO Number. 1840 25 TH street 59-600067 4 (772) 567-8000

3. HUO Pr,,gram Nam• Continuum of care Homeless Assistance - SHP

5. state Ille name and location (slrilet ~. City and S1aill) of the project or ac!M(y: 1'840 25" Street, Vero Beach, Fl 32Jl60

Part I Threshold Determinations

4. Amount or HUD Assistance Reql.Jesb\!d/RO<Jeived

. 72,354.00

1. Are you applying for .--.ce for a specific proje(:I or activi!y? Theree mrms do not Include formula grants, such u public housing operating subsidy or COEIG bloek grants. (For further infom'lallon see 24 CFR S.C. 4.3).

2. Have you mc,eiYed or. do you eicpec,t lo recaive uslstanca within th• jurisdiciion cf Iha Oap,,tmont (HUD) , invoMng the project or aetivily in this application, il'l ""'"'"" of $200,000 during this ~ )'ear {Oet. 1 • Sep. 30)? For_,,,. inkmnalion, """24 CfR Sec. 4.9

[8lvas Oves [8J No.

If you .answered "No" to either question 1 or 2, Stop I You do not need to complete the remainder of this form. However, you must sign the certification at tlie end of the report.

Part II Other Government Assistance Provided or Requested / Expected Sources and Use of Funds. Such H$1Stance Includes but is not limited to any grant loan subsidy guarantee Insurance payment credit or tax benefit . ' ' ' ' ' ' ' ' ..,_,,.rtmentJSmte/1.J)Gal A•en~ Name and Addres,i 1~ of Aa1$1anoe Amount R=uest,,d!Provided Uses or lht Fund•

Part Ill Interested Parties. You must disclose: 1. All developers, contraetors, or consullanls involved in !ho application for the aulstanca or In tho planning, development, or implementation of Ule project or

aclivilyand . .. 2. any olhor person who has a finanelal lnler1!$1 in the pmject or activity fur whillh the .,..;,,tanca Is sought that excaeds $50,000 or 10 pern11nt of tt,o assismnce

(Wh~i;ok1.Ner)

Alphabetleal list of all pe,sons with II repot1able financial intfflost In tho orniaet or a""'""' iFor indMdual!!. oiYe the last name fir.st\

(Note: Use Additional pages W necessary.)

Certification

Social Seeur\ly Na. or emol~ ID ·No.

Typo of_ Partici~on m FIMncial Interest In p l'ro'•d'Ac"~- 1$ •nd %'

Warnill!l: If you knowingly make e false statement on tills tonn, you may tie subject to cMI or criminal penallles under Sedlon 1001 of Tltle 1 e or Iha Un118d States Code. In add~lon, any person who knowingly and rnataMally violates any required discloaures or lnfonnatlon, lnoludlng Intentional 1101'1•disolosure, Is subject to oMI money penalty not to =•od $10,000 for ••oh violation. I certify that thla Information ls·true and complete. Signature:

X 1

Date: (mml<ldlym)

123

TM:ASORJl COAST Hc»lELESS SERVICES COUNCIL INC, CONTINUOM OF CARE

Section I: Project Summary Information

Part A: General Proiect Information <All Proiects) 1. Project Priority Number 3. If renewal, list previOllS Previous Grant Number:

2. 0 New Project Fll9B509003 (From Project Priority 181 Renewal Project

grant number & project PIN Number: Fl13167 Chart w.Eldnbitl): _3~ identifier number (PlN)

4. HOD·Defined CoC Name: 5. CoC N,unber: Ft. Pierce/St Lucie, Indian River., Martin Counties CoC FL509 6. Applicant's Orgillliz:ation Name (Legal Name from SF--424) 8. Applicant's DUNS Number Indian Ri,•er County Board of County Commissioners (From SF--424): 079•208.989

7. L.J Check box if Applicant is a Faith•Based Organillatlon 181 Check box if Applicant bas ever received a federal g1:ant, either directly from

a federal aa:ell"'' or throoffh a state/local a"~'"'" 9. Project Applicant"s Address (From SF--424) 10. Applicant's Employer Street: 1840 25ili Street · Identification Nnmber (ElN) (From Citv: Vero Beach State:l'!.. Zio: 32960 SF-424\: 59""6000674 11. Con1act person of Project Applicant: (From SF--424) 12. 0 Check box if Project Name: Jason BlVIVn Phone number. 772•567-8000 Applicant is the same as Project Title: Budget Director Fa,:nwnber: 772•567•5991 Sponsor

· Email Address: jbronw!@;,, .. .,ov.com · 13. Pr(\ject Name: 14. PrQject's location 6-digit

Geograph.ic Code: 129061

15. Project Address (S+c SRAs, if nmltiple sites list all addresses including): 18'. 0 Check box if Energy Star is Street: 2525 St. Lucie Avenue o.sed in tltis project City: Vero Beach State: FL Zip:32960 19. Project Congressional District 16. 0 Check bo.•df project is located ina Rural Area 15-16: 17. If 1~oiect contains housing l1llits. are these units: D Leased? 0 Owned? 20. Prqiect Spo11sor's Organization Name (lf difleient from Applicant) 22. Sponsor's DUNS Nurober: Treasure Coast Bomeless Services Cooncil. Inc. 21. LJ Check box if Project Sponsor is a Faith-Based Organization

181 Check box if Project Sponsor has ever received a federal grant cither dil:ectlv froro a federal a""n'"". or through a state/.klcal a<>encv

23. Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer Street: 2525 St Lucie Avcnue Identification Nwnber (EIN): Ci<v: Ver0Beacl1 State: FL l''h>: ::\2%0 25. Contact person of Project SpollliOt (if diflerent from Applicant) Name: LoniseHubbard Phone lllll'.llber. 772-567-7790 Title: R,:ecutive Director Fa,: number: 772-567-5991

Email Address; idlsclh.@)lo!.com

124

TREASURE OOAS'l' HOMELESS SERVICES COUNCIL INC. CONT'INUUM OF CARE

All SHP Pro· ects a. SBP Pro ram . c. Grant Term (New Projects must be 2 or 3 years;

~b::;;. • ...;Cc-o-=m:;:p:;:on..:e:.:n.;;;t!l!.:T:.::yp:::e:..s-(_C_h_e-ck-on-ly-on_e_b_o_x_) ~ Renewals or HMIS projects can be 1, 2 or 3 years) D O O L'2] D Safe Haven/TH (Check only one box) m PH SSO HMIS O Safe Haven/PH D · L'21 D

1 Year 2 Years 3 Years d. Proposed

SHP Activities e. SBP Dollars f. Cash Match g. Totals

1. Acquisition

2. Rehabilitation

3. New Construction

4. Subtotal (Lines 1 throu h 3

5. Real Property Leasing From Lea • B et Chart 6. Supportive Services

From Supportive Services Bndget Chart


8. HMIS From HMIS Budget Chart

9. SHP Request (Subtotal lines 4 through 8)

10. Administrative Costs · to 5% ofline 9

11. Total SHP Request Total lines 9 and 10)

R uest (Col e + Col. f)

72,354 18,088,50

72,354 Total Budget Total (Total SBP

Cash Match Request + Total . Cash Match)

72,354 18,088.50 90,442.50

B2. Shelter Plus Care (S+C) (All S+C P1·ojects)N/A a. LJ S+C Pro2ram b. Component Ty• (Check only one box)

• • • • TRA SRA PRA PRAR S+c/SRO

1. Total S+C Rental Assistance Amount from s+C and SRO Budget Chart

B3. Section 8 Sin: le Room Occu a.

Total SRO RePtal Assistance Amount from SRO Budget Chart

c. Grant Term (Renewal!! are 1 year only) (Check only one box)

• Renewal • New ·• New

(PRAR, S+c!SRO) 1 Year 5Years l0Yea:rs

$

$

125

'l'Rli:ASURE COAS'l' HOMmLESS SE!W'ICEB COUNCIL INC. CONTINUUM OF CAnE

Part C: Point in Time Housing and Participants Chart 'All Proiects Exceot Dedicated HMIS Proiects) N/ A 1. Housing Type* la. l....J Multi-family lb. 0 Scattered Site (Check all that apply) · • 0 Single-family · 0 Project Based 0 Con.,,....,ate Facilitv

a, Current b. New Effort or c. Projected· 2, Units, Bedrooms, Bed$ . Level Change in Effort Level

(PomWn-'l'ime} rrr .. bk) <colnlllD. a+coLbl N1.1111ber ofUnits Number of Bedrooms Number ofBeds

3. Participants a. Number of Families with

Childreu <Family Households) i. Number of adults in families ii. Number of children in families · ·••'

iii. Number of disabled in :flmlilies b. Number of Single Individuals and

Other Households w/o children i. Number of disabled individuals ii. Number of chronicallv homeless

*Housing Types: Multi•:funily (apartments, duplexes, SROs, other buildings with 2 or more units); Single-:fi!mily; ,-· te Facilitv (dormitmv, bamlcks, sbared-lmn<l'\,

Part D: Targeted Subpopulations N/A (All Projects Except Dedicated HMIS Projects) List the approximate percentages for eaoh bpmeless subpopulation you expect to serve. If you expect to serve subpopulations that fit more then one category (i.e. Severely Mentally DI Persons with Chronic Substance Abuse), you may place overlapping approximate percentages on the appropriate lines. lf this is a # 1 priority project, it must serve J 00% chronically homeless persons to receive the PH bamJS.

1. Homeless Suboooulations 2. Annronmate Percentae:es (%)

Chron.ic.allv Homeless (as defined bv BUD) Severelv Mentallv m Chronic Substante Abusers Veterans· Persons with BIV/AD>S Victims of Domestic Vi9lence Unaccompanied Youth (Under 18 vears of ae:e)

Part E: Discha

1.[g!Yes 0No

A.re there policies and protocols developed or implemented for the discharge of persons from publicly funded institutions or systems of care ( e.g., health care facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness or requiring homeless assistance for such persons in your · urisdiction?

126

TIIEASt.'RE COAST llOMl!:LESS SERVICES COUNCIL INC. CONTINUUM OF CARE

Part F: Project Leveraging Chart (All Projects) HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals. HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs. Please be aware that undocumented leveraging claims may result in a re-scoring of your application and possible withdrawal of your conditional award(s), For further instructions for filling out this section, see the Instructions section.


Contributien Contribution (G) (¾vemment* Written Written or lPl Private Commitment Commitment

le: Child Cal'e CDBG G 2/15/06 $10.000 Srn,ce and Staff Community Church p 4/24/06 $109,151.00

*Government sources are annronrlated dolliu's. TOTAL: $109,151.00 ·

Part G: Project Participation In Homeless Management Information S stems IS (All Pn'i'ects Exce t Dedicated HMIS Projects N/A D Yes D No Is this project participating in the HMIS?.

If "Yes," what date did this project begin participating in the HMIS? · If''No," enter the date the project anticipates beginning participation.

• No wm clien:t-level data be included in the HMIS for all persons served by this · ro'ect?

Part H: Renewal Performance (All Renewal Projects) Are there any unresolved HUD monitoring findings, or outstanding a~dit findings related to this project? lf"Yes," briefly describe.

1. 0 Yes [2]No

127

TREASURE COAST HOMELESS SERVICES COUNCIL INC, CONTINUUM OF CARE

Are there any significant changes that you propose in the project since the last funding approval? Check all that apply: D Number of persons served: from __ to D Number of units: from __ to __ . D Location of project sites.

2. D Yes ~No D Line item or cost category budget changes more than 10%. D Change in target populatio11. D Change in project sponsor. D Change in component type. • Other: · Please explain changes:

H: Renewal Performance (Continued) NIA <For all S+C, SHP-PH, SHP-TH SHP-Safe Haven. and SSO Renewals):

Use information from the most recently submitted Annual Progress Report (APR) to answer questions 3, 4, and 5. Han APR has not yet been submitted for this renewal project, please check the N/A box and skin these ouestions. D N/A

3. Permanent Housing (PH) Performance (To be rilled out by an SHP and S+c renewal permanent housing projects, inclnding both SHP-PH and SBP-Safe Haven permanent housing). Complete the following chart using data based on the preceding operating year from APR Questions 12(a) and 12(b): a. Number ofnarticinauts who exited PH nroiect(s\.-APR One.stion l2(a) b. Number of par:ticinauts who did not leave the DrOiec;t(s:}-APR Question 12 (b) C. Of those who exited. how manv st.avi>il 7 months or l=""-r in PH-APR Ouestion 12(a) d. Of1hose who did not leave, how many st.ayed 7 months or longer in Pfl-APR question 12(b) e. Percentage of all participants in PH projects staying 7 months or longer % [(c + d) divided by (a+ b)] x 100 ~ e. Example: {(16 + 15) divided by (20 + 20)] x 100 = 77.5%

4. Transitional Housing (TH) Performance (To be filled out by all SBP renewal transitional housing projects, incl:uding both SBP-TH and SBP-Safe Haven transitional housing). Complete the following chart using data based on the preceding operating year from APR Question 14:. a. Number of narti · who exited m rrrnier:t1s\.-inclndin2 unknown destination b. Number of oarti · who moved to PH from anv destination identified as em:housin<> C. Of the number of participants who left TH, what percentage moved to PH?

% (b divided bya} x 100 =c &amole: (14/ 18)x 100 = 77.7%. S. Supportive Sen-ices - Mainstream Programs and Employment Chart (To be filled out by all S+C and SBP renewals, except dedicated BMIS projects) HUD will be assessing the percentage of clients in your renewal project who gained access to mainstream services and,. especially, who gained employment. Based on responses to APR Question 11 comolete the followine:

1 2 3 4 Nomber of Adults Who Left Income Soon:e Number of Exiting o/o with Income

(U11e tbe same number Adults with Eal'h SOIIJ'Ce at Exit in eaclt row) oflncome (Col. 3 + Col. 1 x

100) Examnle: 105 a. &ichll Secwi- loswa11ce CS 40 38.1%

105 b. Social Security Disability 35 33.3% Insunnce fSSDil

105 c:. Social Securirv 25 23.8%

128

TRlilASORE COAST HOMELESS SERVICES COUNCIL INC, CONTil!IUOM OF CARE

15. SHP Hl\fiS Bud2et (All SHP Projects with HMIS Costs) SBP Dollars RMuested

HMISCosts Yearl Year2 Year3 Total Eauioment 1. Central Server(s) 2. Personal Computers and Printers 2100 2100 ·

3. Networking 4. Security

Subtotal: Software

1150225 , 11502.25

5. Software/User Licensing 6. Software Installation 7. Support and Maintenance 8. Supporting Software Tools

Subtotal: Services 9. Traininst by Third Parties 31')()()

1 O. Hosting/Technical Services 6933.00 6933.00

11. Programming: Customization 3000

12.- ~ace 13.Programm ion 14. Security Assessment and Setup 15. On-line Connectivity (Internet Access) 16. Facilitation 17. Disaster and Recovery

Subtotal: · Personnel 18. Project Management/Coordination 19. Data Analysis 20. Programming 21. Technical Assistance and Training 216~ 21576

22. Administrative Support Staff Subtotal:

HM1S Space and Operations 23. $pace Costs . .

24. Operational Costs. .

Subtotal: 25. Total SBP HMIS dollars requested 361il 361i7

in lines 1 to 24 above: * " Total of Line 25 must match line 8 column e. on tbe Pro.iect Summa- - Budi;ret. 26. Total cash match to be spent 9044.25 9044.25

on SBP eligible HMIS activities: ** ** Cash Maten can be spent on any SHP eligi'ble activity (see the chart in Section filA.3. of the NOFA for these activities). Toe amount oftbe SEP HMIS reqnest (entered in line 25) must be no more than 80 porCCllt of the total HMIS budget (ie .• 80 pen.:eot of line 25 o!us lioe 26).

129

TREASURE COAST SoMELESS SElW'ICES COUNCIL INC. CONTINUUM OF CAD

Section IV: Applicant Certification These certified statements are required by law. Previous versions obsolete form HUD-40090-4

A. For the Supportive Housing (SBJ>), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs:

Fair Housing and Equal Opportunity. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shal~ on the ground of race, color or national origin, be excluded from participation in, be denied the benefits ot; or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal fmancial assistance, and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used for a pwpose for which the Federal financial assist.ance is extended or for another purpose involving the provision of similar services or benefits. ·

It will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing regulations at 24 CFR part I 00, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin.

It will comply with Executive Order 11063 on Equal Opportunity in He>using and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related facilities provided with Federal financial assistance.

It will comply with Executive Order 11246 and all regulations pursuant thereto ( 41 CFR Chapter 60-1 ), which iitate that no person shall be discriminllted against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affirmative action to ensure equal employment opportunity. The applicant will incorporat.e, or cause to be incorporat.ed, into any contract for construction work as defined in Section 130.5 of HUD regulations the equal opportunity cllll.llle required by Section 130. lS(b) of the HUD regulations.

It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 170l(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in connection with the project be awarded in substantial part to persons residing in the area of the project.

It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities. ·

It will comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as amended, and implementing regulations at 24 CFR Part 146, which prohibit discriminatio.n because of age in pr9jects and activities receiving Federal financial assistance.

130

TREASURE: COAST HOMELESS SERVICES COUNCIL INC. CONTINUUM> OF CARE

It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members of minority groups and women. ·

If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlike! y to be reached, it will establish additional procedures to ensure that interested persons can obtain information concerning the assistance.

It will comply with the reasonable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended. ·

Additional. for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population.

B. For SHP Only.

20. Year Operation Rule. For applicants receiving assistance for acquisition,, rehabilitation or new construction: The project will be operated for no less tl)an 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application. ·

l~Year Operation Rule. For applicants receiving assistance for supportive services, leasing, or operating . costs but not · receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided.

C. For S+C Only, Supportive Services. It will make available supportive services appropriat.e to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HUD for the full term of the rental assistance.

D. Explanation. Where the applicant is unable to certify to any of the statements in this certification, such applicant shall attach an explanation behind this page.


Tide:

Applicant:

Date:

For PHA Applicants Only: (PHA Number)

131

APPLICATION FOR f'EDERAL ASSISTANCE

v .... Ion 7/03

1. TYPE OF $UBMISSION: Application P••·•PPIICltiOn

0 CMstruetioo Cl Construction Ci,1 u.--~Onnstrucll6r. ·r:'1 u ..._onrrtructron h, APPLICANT INFDRMATION l,,egal N•rna:

Indian Riv<,r County Boanl of County Commls•loners

Orgeniza6onal DUNS: 079-208-989

2. DATE SUBMITTl!/D Applicant ldBrttifier

3, OATS RECEIVED E1Y STATS Stabl Appllc:otion Identifier

4. DATE RECSIVED BY FEDEAAL AGENCY F•d•r.1 ldontifler

Organl,ational Untt: Oep,,rtmont Board of County Commissionera Orlllsku,:

~"'l'ld~••r•e,s:o,s:._ ____________________ -IN.ame .!lnd telephone nurnb@r of porcon to be ,:iontacte.d on matters SUaot lnvoll/inn thi• 4nnflc•tion (give arH oodt) County Admlnl$1ralion l!lldg, 11l40 25th S-t Prefix: Finn N•mt:

Mr. J .. on City. Veto BHOh county: Indian River

MiddloN•mo

La•I Namo Btown

S'lJinllY' 93\1(~,,.,,.r,r,n, · "'OM ~6:::. ;;,EM;.,=p1.,'"0"'v"'1o"'R"l"'D"'1o"'N=11F"'1c"A"'TI"'O'"'N"N""u'"M"s'"E"R"""(e"'1NJ""": ---------+;~::;: (gi area 0000) I Fax Number (give"""' <"ide)

@197-16 110 Ila 110 ll6 IIT 114 772-667-8000x12.57 I nM70-S331

8. TYFI! OF APPUCA TION: 7, TYPI!! OF APPLICANT: (Se• back olform for Appll""tion Typo Ii)

C New 1n Contlnu•tion In Revl•ton 8 If Rovlolon, onler •ppropitato lo!!or(•l In box(••) (S•• book of /om, for dascrli,tJon ol lottoro.) O ether (epeoily)

othor (opocily) 9. NAME OF FEDERAL AGENOY: RENEWAL US OSPT. OF HOUSING AND URBAN DEVELOPMENT 10. OA ,AJ.OG OF FEDERAL DOMESTICl ASSISTANCE NUMB~,<: 11, Ol;ill0Rl1'TIVE Tl 1 ~Ei OF APPLIOAN rs PROJEOT:

TITLE! (Nam• of ProgMml: Oontlnn'™m of C•ra 14onl•I••• Anlstanoe 12. AREAS AFFlsOTEO BY PROJEQT (OIi/,., Oou,itiu, $/•le$, et,,J:

FL 509 -Ft. Ple,...1$t, Lua;,, lrtdi•n River, Martin

13, PROPO$EO Pl'\DJECT S1lort 0.t•: 05/01/2007 16, ESTIMATED FUNDING:

lending Data: 04/30/200!1

ONE YEiAR RE:NE:WAL OF COO-Wille HMIS EJ(pJ>.NSION

14. CONGRl!SSIONAL DISTRICTS O•: •· Appl.,.nt I b. ProJo<I 1s-1e n~-1a 10, I~ APPLICATION SUIJECT TO RE111EW BY STATE EXECUTIVE ~ROER12•- ·

o. l'oderal , "" JO THIS PREiAPPllCATION/APPllCATION WAS MAD5 i--:25;::.i::,S:::58=--------1.----------'.:15""-,s_ss.;.,,,' ----1·· v... AVAIi.ABLE TO THE STATE EXECUTIVE ORDER 1237Z b, Applioont "" PROCESS FOR RE111EW ON

o. Stato I DATE:

d. Local , w ,,,,. PROGRAM IS NOT OOVeRED BYE. 0. 12372 b. No. "-"

1-.-.-o-th•r------l<-,----------6,-.• -.. ""-----i O OR PRQQRAM HAS NOT Bl:iN SELECTED av STATE 8,464 •- FOR R"'m,w

f. Program ln .. mo I ,w 17, IS THE APPLICANT OEUNQU!lNT ON ANY FEDEFl,AL DEBT?

1~. TO THE BEST OF MY KNOWl..l!OGS AND BEI.IEF, ALL DATA IN THI$ Al'PUCATION/PREAPPI.ICATIPtl Al,\E TRUE AND CO"""ECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THI: GOVE!INING E;ODY OF THE APPLICANT AND THE APPLICANT WIU. COMPL YWITH THE ,TTACHED AS!IURANCES IF ll'IE ASSIST·••ce IS AWARDED, .. orlzc.d R Prolix ~Name 111ddlo Nome

L"'4 Nomo NEUBeRGER

i, Signature of A<rthorll:od ReprasentatiVo

,. TQl•~hOM Number (give .... cooo) 772-6S7-8000 • O~!<>Slgno<I

Previous Edition Usable Authori.ii;t!;d, for Local Ret'.lroduetlein

Standard Form 424 (Rov.a-200:l) Prosorlbod by OMI! Cl~ular A-102

132


U.S. Department of Housing and Urb_an Development

0MB Approval No. 2510-001.1 (exp. 1213112006)

Instructions. {See Public Reporting Statement and Privacy Act Statement and detailed Instructions on page 2.) A licant/Reci ient Information lndicat• whether this is an Initial Report D or an Update, Report 12] 1. Applic:alll/Racipient Name. Addnlss, and Pbcina (m<illldena<mde)'. 2. Social Security Number or

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Emplelj'er iO Number: 1840 25 TH street 59-800087 4 (772) 587-8000

3. HUD Progr11m Name Continuum of Care Homeless Assistance - SHP

4. Amount of HUD Assistance RequeGted/Reoelved

25,856 S. Slate the name and IO(l8U(ffl (liilrl>el add""'8, City and State) 01 the project or activity:

1840 25~ Slreet, Vero Bach, Fl 32960

Part I Threshold Determinations 1. An! you epplylng for a&Slatanee for a speelfli:, project or actMly? Tha$e

!arms do IIQl lnetude t'omlulagranl$, 'lUcl'ns publlohOU$ing openiting sub$1dy or COBG blocl< gmn1$. {l'ar rurlh•r il>fomlation see 24 CFR Sac. 4.3),

IZ]ves D No

2. Kave y,:,u N!C<liwd or do y,:,u ll)!pe0t to receive..-.... within the juri$dldtion orthe O~ent (IIUO). lnvoMng Iha project or activily ln this apprica!ion, in - of $21l0,000 during this fiscal year (Oct 1 • Sep .. 30)1 Fm limber infom,afion,...,. 24 CPR Sec. 4.9

Ovos fgJ No. ·

If you answered "No• to either question 1 or 2, Stop! You do not need to complete the remainder of this form. However, you must sign the oertlflcatlon at the end of the report.

Part II other Government Assistance Provided or Requested / Expected Sources and Use of Funds. Such assistance includes but Is not limited to any grant loan subsidy guarantee, Insurance payment credit or tax benefit

' ' • . • ' ' ' De""rtment/Statell.oca1 Aaennv Name and Addl'e$$ T•-of~ce Amount R-uewldlProvlded u.,... of the Funds

(Note: Use Additional pages If n-ary.)

Part Ill Interested Parties. You must disclose: 1. Ad develope111, contraoto111, or consultant$ Involved in the appllcatlon for the assistance or In the planning, development, or Implementation of the project or

eciivifyarld · 2. any other p,,rson.who ha• a financial interest in the projo.:t or activity for Which the asoio!imce is sought that ~ $60,000 or 10 percent or the a&Sistance

(whiche!ll>r ill loWet). Alphabetical li$1 af au ])'11'$1)11$ wilh a mport,,J,lo finam:ial in-in Social Secumy No. Firnmcial Interest in tho ·octora · · ForindMduals, ivethelastnamefir.il or Em IDNo. Pro' A • $and%

(Note: Use Additional pages If necessaiy.)

Certification Warning: If y,:,u knowingly make a false statement on this form, y,:,u may be subject to cMI or criminal penattles under Section 1001 of Tltte 18 of the United States Code. In addttlon, any pereon Who knowingly and mal$rlally violates any required disclosures of Information, Including lntenUonal non-disclosure, Is subject to cMI money penalty not to exeeed $10,000 for each violation. t certify that this lnformatlon le true and ocmplete. Signal\lre:

X 1

Date: (mmlddl-/Yrli

133

'I'REASORE COAST HOMELESS SERITI:Cli:S COONCI:L INC. CONTINUUM OF CARE

Section I: Project Summary Information Part A: General Proiect Information (All Proiects) 1. Praject Priority Nmnber 3. Ifrenewal, list previous Previous Grant Number:

2. 0 New Project FL29B309003 (From Project Priority 1:81 Renewal Project grant number & project

PINNumber. FL1311 Chatt inExlnllitl): _ 4_ identifier number (PIN)

4. HUD-Defined CoC Name: 5. Coe Number: Ft Pierce/St Lucie. Indian River, Martin Counties CoC FL509 6. Applicant's Organization Name (Legal Name fro.In SF-424) 8. Applicant's DUNS Number Indian River Co11nty Board of Com1ty Commissioners (From SF-424): 7. !,J. Check boo- if Appliamt is a Faith-Based Organilation 079-208-989

1:81 Clieck box if Applicant has e,c•er received a federal grant either directly from a federal a"""'''' or throu~., a state/local a"~"~'

9. Project Applicant's Address (FromSF-424) !0. Applicant's Employer Street: 1840 25th Street Identification Number (EIN) (From Citv: Vero Beach State: FL Zin:32960 SF-424): 59-6000674 11. Conract person of Prqje<:t Applicant: (From SF-424) 12. 0 Check box if Pr(\ject Name: Jason Brown Phone n1unber: 772-567-8000 Title: Budget Director Fax llllmber. 772-567-599 l

Applicant is the same as Pr~ject

Email Address: Jbrown~,•-ov.com Sponsor

13. ~iect Name: 14. Projoot's location 6-digit HMIS. Geographic Code:

15. P~ject Address (S+C SRAs. if multiple sites list all addresses including): 18. U Check bo)l lfRuergy Star is Street: 252:5 St Lucie A1,enue used in this: project City: Vero Beach State: FL Zip: 32960 · 19. Project Congressional Distrkt 16. 0 Check box if project is located in a Rural Area 15-16 17. :ff nmiect conWnshaos•""UWts. ate tbeseunirn: D Leased? 0 Owned? 20. Project SpollSOr's O,gsoization Name (lf dimlreut from Applicant) 22. Sponsor's DUNS Number: Treasure Coast :Homeless Services Council, Inc. 21. 1...J Check box if Project Sponsor is a Faith-Based Organ.i7.ation

.1:8.1 Check box if Project Sponsor hasever received a :federal gmnl either duectlv :from a :federal a .... nc:y ot lhtou"1• a state/local a"en.cv

23. Project SpollliOr's Address (if different from Applicant) 24. Sponsor's Employer Street: 2525 St. L11de Avernie Identification Nwnber (EIN): Cit\·: Vero Beach State: FL ZJi,: 32960 25. Contact person of Project SpollSOr (lf dif!a"ent from Applicant) Name: Louise Hubbard Phone munber. 772-567-7790 Title: R=tive Dire¢tot Fa'\; nunl.ber: 772-567-599 l

Email Address: irhsclMi':,aol.com

134

TBEASOU COAST BOMlilLESS SERl/'ICES COONCIL INC. CONTINUUM OF CARE

All SF.IP Pro· ects a. SHI' Program· c. Grant Term (New Ptojects must be 2 or 3 years;

i..:b: • .;;C;;;;o..::m;;;!J!!::O:..:n:.:en:.:;t1:J:Typ:=es:.-(_C_h_e_ck_only_, -on_e_b_o_x_) -I Renewals or HMIS projects can be l, 2 or 3 years)

0 LJ D 181 D Safe Haven/TH (Check only one box) TH PH SSO BMIS O Safe Haven/PH 181 0 0

d. Proposed SHP Activities

1, Acquisition

2, Rehabilitation

3. New Constnu:tion

4. Subtotal Lines 1 throta:gh 3

5. Real Property Leasing From · B Chart 6. Supportive Services

From Supportive Services Budget Cbart

7. OperatioDS From Operating Budget Chart

8. HMIS From HMIS Budget aiart

9. SHP Request (Subtotal lines 4 through 8)

1 Year 2 Years 3 Years e. SHP Dollars f. Cash Match g. Totals

Re nest Col e + Col.

25,856.00 6,464.00 32,320

25,856.00 Total Budget Total (Total SBP

10. Administrative Costs U to 5o/o of line 9

Cash Match Request + Total

11. Total SHP Request Total lines 9 and 10)

25,856.00

B2. Shelter Plus Care <S+C\ (All S+C Proiei:ts)

Cash Match) 6464 32,320

a. LJ S+C ProPram c. Grant Term (Renewals are 1 year only)

b. Component n (Check only ooe box) (Check only one box)

• • . • • • Renewal • New • New TRA SRA PRA PRAR S+c!SRO (PRAR, S+c/SRO) 1 Year 5Years IO Years

1. Total S+c Rental Assistance Amount $ from S+c and SRO Budget Chart

B3. Section 8 Sin e Room Occu ancy SRO All Section 8 SRO Pro ·ects a.

1. Total SRO Rental Assistance Amount from SRO Budget Chart

$

135

TREASOllE COAST HOMELESS SERll'l:CES COUNCl;L n:tC. CON'l'INOOM OF CARE

Part C: Point in Time Housing and Participants Chart 'All Proiects Exceot Dedicated HMIS Proiects) N/ A 1. Housing Type" la. U Multi-family lb. 0 Scattered Site

(Check all that apply) D Single-family 0 Con11re!!ate Facllitv 0 Project Based

a. Current b. New Effort or c. Projected 2. Units, Bedrooms, Beds Level Change in Effort Level

/Point•in•Timel ·i'Tf"7 A.nnlicable) (colnmn a+ coL b)

Number ofUnits Number of Bedrooms Number of Beds


Children fFamilv Households) i. Number of adults in families ii. Number of children in families iii. Number of disabled in families

b. Number of Single Individuals and Other Households w/o ch11dren

L Number of disabled individuals ii. Number of cllronlcallv homeless

*Housing Types: Multl·fiunily (apartmenll!, duplei<es, SROs, other buildings with 2 or 11Wre units); Single-fiunily; Co•""'""'te Facilitv (dormitm:Y, banaclr~ !ibaaxt-liv:ina\

Part D: Targeted Subpopulations N/A (All Projects Except Dedicated HMIS Projects) List the approximate percentages fur each homeless subpopulation you expect to serve. If you expect to serve subpopulations that fit more then one category (i.e. Severely Mentally Ill Persons with Chronic Substance Abuse), you may place overlapping approximate percentages on the appropriate lines. If this is a #1 priority project, it must serve JOO% chronically homeless persons to receive the PH bonus.

1. Homeless Subuooulations 2. Annroximate Percenta11es (%)

Cbronicallv Homeless (as defined bv HUD) Sever,.1v Mentallv DI Chronic Substance Abusers Veterans Persons with RIV/AIDS .

Victims of Domestic Violence Unaccompanied Youth m nder 18 years of al!'e)

1. i:g] Yes 0No

Are there policies and protocols developed or implemented for the discharge of persons from publicly funded institutions or systems of care ( e.g., health ca.re facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness or requiring homeless assistance for such persons in your · urisdiction? .___ __ ___c..==.cc"-"'-'-'-'------------------------=i35

TREASUllE COAS~ HOMlilLESS SERVICES .COUNCIL INC .. CONTINUUM OF CARE

. Part F: Project Leveraging Cha.rt (All Projects) HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and individuals. HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs. Please be aware.that undocumented leveraging claims may result in a re-scoring of your application and possible withdrawal of your conditional award(s). For further instructions for filling out this section, see the Instructions section. ·


Contribution Contributien (G) Government• Written Written or fPl Private Commitment Commitment

14: Child Care CDBG G 2/15/06 $10.000

*Government sources lU'e riated dollars; TOTAL: $

Part G: Project Participation In Homeless Management Information S stems S All Projects Exce tDedicated HMIS Projects) N/A

• Yes QNo

----''---mm/ ear

• Yes 0No

Is this project participating in the BMIS? If"Yes," what date did this project begin participating in the HMIS? If"No," enter the date the project anticipates beginning participation. Will client-level data be included in the HMIS for all persons served by this · ro'ect?

Part H: Renewal •Performance (All Renewal, Projects) Are there any unresolved HUD monitoring findings, or outstanding audit findings related to this project? If uy es," briefly describe.

1. 0Yes [81No

137

TREASUR!i: COAS'l' S:OMELESS SERVICES COUNCIL INC. CONTINUUM OF CARE

· Are there any significant changes that you propose in the project since the last funding approval? Check all that apply: D Number of persons served: from __ to D Number of units: from to __ . 0 Location of project sites.

2.OYes [81No D Line item or cost category budget changes more than 10%. 0 Change in target population. 0 Change in project sponsor. D Change in component type. D Other: Please explain changes:

H:RenewalPerformance(Continued)N/A rFor all S+C. SHP•PH, SHP-TH, SHP-Safe Haven, and SSO Renewals): Use inform.anon from the most recently submitted Annual Progress Report (APR) to answer questions 3, 4, and 5. If an APR has not yet been submitted for this renewal project, please check the N/A box and 5lrm these ouestions. D N/A .

3. Permanent Housing (PH) Performance -(To be f"dled out by all SBP and s+C renewal . permanent housing projects, inckiding both SBP-PB and SBP-Safe Haven pennane:nt housing). Complete the following chart using data based on the preceding operating year from APR Questions 12fa) and 12th): · a. Number af narticioauts- who exited PB nroiect(s}---APR n.-.-estion 12(a) b. Number ofoartici""- who did not leave the nrnject(s}---APR Qtiestion 12 fh\

C. Of those who exited, how-=, sta•.,.,:i 7 months ar !=...,.,. in PH APR Qu<,st:ion 12fa)

d. Of those who did not leave, how many stayed 7 months or longer in PH-APR question 12(b) e. Peroem.age of all participants in PH projedll staying 7 months or longer % [(c + d) divided by (a+ b)J x 100 = e. Example: [(16 + 15) divided by (20 + 20)] x 100 = 77.5% 4. Transitional Housing (TH) Performance (To be filled out by all SBP renewal transitional · housing projects, including both SHP-TB and SBP-Safe Haven transitional hoosing). Complete the following chart using data based on the preceding qperating xear from APR Question 14: a. Number of oarticioants who exited TH nroie""' s"-=--mcl.,,1;.,.," unknown destination b. Number ofoarticinauts who 111oved to PH from anv destination identified as oem:ranent h C. Of the number of participants who left 'Ill, what percentage moved to PH? %

(b divided bv a) x 100 = c Example: (14 / 18) x 100 .. 77.7%. 5, Supportive Services - Mainstream Programs and Employment Chart (To be filled out by all s+C and SBP renewals, except dedicated HMIS projects) HUD will be assessing the percentage of clients in your renewal project who g!lined access to mainstream services and, especially, who gained employment. Based on responses to APR Question 11 comnlete the followine::

1 2 3 4 Nu1Dber of Adults Who Left Income Souroo Number of Exiting % with Income

(Use the 1rune 11wnber Adults with Eaclt Source at Exit inw:hrow) of Income (Col. 3 + Col. l :1

100)

Examnle: 105 a. Social Securitv Insunmcc "'Sn 40 311.1% UIS b. Social 8ecurlty Dbabillty 35 33.3%

Insurance~" 105 C. Social Securitv 25 23.8%

138

TREASURE COAST HOMELESS SERVICES COUNCIL INC. CONTINUUM OF CARE

15. SHP HMIS Bude:et (All SHP Proiects with HMIS Costs) SBP Dollars Requested ·,

BMISCosts Yearl Year2 Year3 Total Equipment I. Central Server(s) 2. Personal Comnuters and Printers · 3,100.00

3. Networking 4. Security

Subtotal: Software S. Software/User Licensing 2,702.00

6. Software Installation 7. Support and Maintenance 8. Sunnorting Software Tools

Subtotal: Services 9. Training by Third Parties 10. Hosting/Technical Services 11. Programming: Customization 12. Programming: System Interface ~ . . .Q!!a COIIVersion 14. Security Assessment andSeiiii, · 15. On-line Connectivity (Internet Access) 16. Facilitaj:ion 17. Disaster and Recovery

Sub1:otal: Personnel 18. Project Management/Coordination 19. Data Analysis 20. Programming 21. Technical Assistance and Training 20,054.00

22. Administrative Support Staff · Subtotal:

BMIS Space and Operations 23. Space Costs 24. Operational Costs

Subtotal: 25. Total SHP HMIS dollars l"eqnested 25,856.00

i.u lines 1 to 24 llbove: • * Total of Line 25 mu.st match line 8 column e. on the Pro.iect Summa• • Buda:et. 26. Total cash match to be spent 6,46-lOO

on SHP eligible HMIS activities: u

** Cash Match can be spent on any SHP eligible activity (see the chart in Section Il1.A.3. of the NOFA for these activities). The amount of the SHP HMIS request (entered in line 25) must be no more than 80 percent of the tot:11 HMIS budget (i.e., 80 pen:ent of line 25 olus line 26).

139

TREASURE COAST HOMELESS SERVICES COtJNCIL INC. CONTINUUM OF CARE

Section IV: Applicant Certification These certified statements are required by law. Previous versions obsolete form BUD-40090-4

A. For the Supportive Housing (SBP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs: ·

Fair Housing and Equal Opportunity. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) .and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of; or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.

1t will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin.

It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related fi:icilities provided with Federal financial assistance.

It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-1 ), which state that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defined in Section 130.5 of HUD regulations the equal opportunity clause required by Section 130.15(b) of the HUD regulations.

It will comply with Section 3 of the Housing ·and Uroan Development Act of 1968, as amended (12 U.S.C. 170l(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for•work in connection with the project be awarded in substantial part to persons . residing in the area of the project.

It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CPR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities.


140

TREASlJ.RE COAST BOMELilSS SERVICES COUNCIL !NC. CONTINUCIM OF CARE

It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take afftrmative action to encourage participation by businesses owned and operated by members of minority groups and women.

lf persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain information concerning the assistance.

It will comply with the reasonable modification and accommodation requirement)! and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended.

Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population.

B, For SBP Only.

20.. Year Operation Rnle. For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application. · · ·

l•Year Operation Rule. For applicants receiving assistance for supportive services, leasing, or operating costs but not receiving assistjlnce for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the applicatio11 for any year for which such assistance is provided.

C. For S+C Only. Snpportive Services. It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HUD for the full tenn of the rental assistance.

D. Explanation. Where the applicant is unable to certify to any of the statements in this certification, such applicant shall attach an explanation behind this page.

Signature of Authorized Certifying OOlclal:

Title:

Applicant:

Date:


141

APPLICATION FOR Version 1JC13

FEDERAL ASSISTANCE 2, DAT! SUBMlfflO Appileanl ld•ntifi•r

1, TYPE! OF SUBMISSION: 3, DATE RECEIVED BY STATE Sb!le Applloarlon Identifier AppR ... llon ' Pre-appTioaOon

[J Oonst111otlon g Con•ttuotlon 4, DATE REClil\lliiO BY Fl=DEIV>L AGENCY Federal ld•nijfier

1-w 11.10n •onstructl ... n nNon $. APPLICANT INFORMATION L•g•I Noma: OrganlzatioMI Unit;

ltlNIAN FtlVER COUNTY BOARD OF COUNTY COMMISSIONilRS Oem,rtrnont BOARD OF COUNTY COMMISSIONERS

oaanlzotional DUNS: 0 -208-989

Division:

Addl'e11s.s: N•une ltnd telephone rh.nnber "' pe:fl;on to be c;ontacted on matters $t(llet involl/Jod Ihle appTioation /give area oodel COUNTY ADMINISTAATION8UILOING, p.-.ruc Fils! Name: 1840 25TH STRE:EIT Jason

c~ V ' BEACH Middkl Nam•

CoUt\00 INOIA RIVER COUNTY

~•!Nome rown Stalo: FL

Z~Code 2980

SIJffll<:

5'li~W: Emel!: JaROWN""IRCGOV,COM

6. !MPLCYl!R IDENTIFICATION NUMIIE!R (!;IN): Phan, Number (g!Yit na oode} · I Fax N•mb•r (!11111, ,,... ooda)

[[email protected] 110110 110 115 i[]I!] 772-567-8000x1257 772-77o-'i331

8, TYPE OF APPLICATION: 7. TYP6 CF APPLICANT: (S•• book ofform for Appll011tion Types) l[j New to Contir1uallon If; Revision a If Rovlslon, enter •~p,opriat• 1ott,,r{s) In box(es)

othor (opeoily) So book of forn, for de•crlptlon of lotteo,.) J

Otlw (•pooify) 9-l'AME OF' FBDERAL AGEN<m , RENEWAL U DEPT. OF HOUSING ANO UR\'lAN OEVELOl'MENT 10, QATAt.OG 01' FEDERAL ODMiiiSTIO ASSISTANCE NUMEll'lRJ 11, Pl!li01'1PTIVE TITLI! OF APPLICANTS PROJEO'n

[i)(!j.[]@](fil SHeLTER PLl,)S OARS TRA -ONE YE'.AR RENEWAL

TITLe (N•m• of Pro~m): eontlnnuum of C1;1!"$ Qmtless Ase:i$~11cfii1

12. AREAS AfFl;01eQ BY PROJECT (Oitf.._ Oowwo,, S'I•""'• $./: INOIAN RIVER COUNTY

1•. "RO"'OSED PROJECT 14. CON llilONALDIS1 CTSOF: Slart l)Qb,: J EndlnQ D•t•: •·~J'lioant h~- ProJ•ct 06/Q1/2006 5nl1~2007 15- li-16 1$. J;STIMATED FUNDING! 1!~~f~_!'_!:!fATIO~"~UBJ!cCTT0 ReVIEW BY STAIIO EXEQu11vi::

............ 0 SS? a. Fodorol $ 110808 110,808

." iO I r!IS PREAPPLIOATION/,....,.~ICATION W,.,_. MADE •· Yoo. AVAILABLE TO TflE STATE EXECUTll/1! ORDER 1Zl7.!

b.Appll=nt $ w PROCES$ ~OR REVIEW ON

o, 81'!18 s .. DATE:

d, Lo""I Ii :· b, No. ll]J Pl'lOGRAM IS NOT COVli:F\EO BYE. 0. 1237Z

e, Other $ ."' o OR PROGRAM HAS NOT aeEN S!LECTeD SY STATE f_!"'..,. """'V1S•u

f. Program Income $ w 17. IS THG APPLICAI\IT DELlNQIJENl ON ANY FSDEl'!AI. DEBT?

9, TOTAL I< ., , 0 Y•• If 'Yo•• altooh an ""Pl•n•Uon. llJ No 110S\l8 110,eos •

18. TO THE BEST OF MY KNOWU,OGE! AND BELIEF, ALL PATA IN THIS APPLICATIONIPREAPPUOATION ARE TRUE AND COAASCT, THE IDocuMENT HAS ~~:!" DULY AUTHORIZED BY THE GOVl!RNINC. lilOOV OF THE APPLICANT AND THE APPLICANT WILL COMPLY Willi THE •TTACHED Assu~ CES IF THE AHl!!TANCE IS AWARDED. ' a.A . ed Riii"'~e'"ra Profix ~ftl-Nomo Midill•N•m•

Lost N,,n,e NEUBERGER

Sl.llflX

I>, Title COMMISSIONER

. Telophonfj NI.Imber (give i?':1!'08 oode) 772-5•7-•oon

ii, Slgnoture of Authori.od Reprasonhltivo lo. D•l• Si!lned

Prc-vlo~s·~dltlon Unble- Slond•rd Form 424 Rcv.8-20W ( j Autt,orlz:ed for Loc:i:1.I R$1>rod~on ~S<>Jibed bv 0MB Clr~ulor A-102

142



0MB Approval No. 2510-0011 (exp, 12/3112006)

Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.) A licant/Reci ient Information Indicate Whether th!$ is 11n 1nru111 Report D or an Update Report !81 1. Appficant/Reclplent Name, AddMs, and Phone (lncklde area oode): 2. Social Security Number or

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 8mployarl0 Nwnber: 1840 25 ™ Street · 59-1100067 4 (/72) 567-8000

3. HUD Program Name Continuum of Care Homeless Assistance - S+C

4. Amount of HUD Assiotance RequeGled/Reeelved 110,808

5. state the name and lccatlon (street address, City and state) of the project or activity: 1840 '2Jf' street, Vero Beach, Fl 32960

Part I Threshold Determinations 1. Are you applying for assistance for a sp,,ciftrl pmjecl or aotMly? ThOH

terms do not include filrmula grallls, such 1111 pi,blic housing operating subsidy or COBG.blockgnmis. (Far lurther in1\'immlmsee 24 Cl'R Sec. 4.3).

r8J Yes

2. H"'"' yo1.1 tecei\/ed or do you expect to """"""assisbmce within the jurisdiclion of the Dopartrm,nt (HUD) , invoMng tho project or activity In this ~ in .--or $200,000 dtJrinS this-year (Oct. 1 • Sep. 30)'? For fmffiter !Rforll'.laliarl, see 24CFR Sec. 4.9

Ovos [8J No.

If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form. However, you must sign the certification at the end of the report.

Part II Other Government Assistance Provided or Requested / Expected Sources and Use of Funds. such assistance Includes, but is not llmlted to, any grant, loan, subsidy, guar.antee, Insurance, payment, credi~ or tax benefit. • -rtmant/StaWLooal Aaenev Name and Addrass T~ of Al!Sislanca Amrunt R-uootad!Provided U""" at tho Funds

. Part Ill Interested Parties. You must discloH: 1. All developera, contractors, or consultants Involved In the application for the assl$lance or In the planning, development, or lmplemenlatlon of the projeet or

aotivily and 2. any other """""'who has a financial i-in tho projeet or ao!Mty for Wltioh the """1stwioe i• llO~ght that -• $50,000 or 10 per"'11frt of the assistance

()lvhicheller Is lower). ' Alphabetical TI$! of all pen;cms with a repor!llblo financ:ia! in!oresl iJI Sotial S00111tty No. the · or · · For .individuals · the laSt name first or Em ID No~

(Not« UH Addltlonal pages If neee&'SSry.)

Certification Warning: If you knowingly make a false statement on this form, you may be subject to eMI or er1minal penalties under Section 1001 of THle 18 of the United States Qode. In addlUon, any peraon who knowingly and mate~ally violates any required disclosures of Information, Including Intentional non-disclosure, Is subject to civil money penalty not to exceed $10.000 for each violation. I certify that this Information hi true and complete. Signature:

X

143

'rlUCASlmE COAST HOMELESS SERVICES COUNCIL ~NC. CONTINUUM OF CABE

Section I: Project Summary Information Part A: General Proiect Information 'All Proiects) 1. Project Priority Nmnber

· 2. 0 New Project 3. If renewal, list previons Previous Grant Nrunber:

(From Project Priority grant lllIOlber & project FL29C109001

ChartinExlu'bitl): _N/A_ l8I Renewal Project identifier number (PIN) PINNmnber:

4. HUD-Defined CoC Name: 5. CoC Number: Ft. Pierce/St. Lucie, Indian_Itiver, Martin Counties CoC FL-509 6. Applicant's Organization Name (Legal Name from SF-424) 8. Applicant's DUNS Number Indian River County Board of Conmy Comm:issio11ers (From SF-424 ): 7. U Check box if Appli;;aat is a Faith-Based Organization 079-208-989

181 Check box if Applicant has ever received a federal gi:aut, either directly from a federal a""n=, or throuah a state/k,,;al 8""""''

9. Project Applicant's Address (From SF-424) 10. Applicant's Employer Street: 1840 25th Street Identification Number (EIN) (From City: Vero Beach State: FL Zin:32960 SF-424): 59-6000674 11. Contact person of Pn:,ject Applicant: (From SF-424)

12. D Check box if Project Name: JasonBrown Phone 1ll.11llbct~ 772-567-8000 Applicaot is the same as Project Title: Budget Director Fax nnmber: 722-567-5991 Email Address: ibn:,wn@ir,,, "O'I' Sponsor

13. Pr((ject Name: Indian River Couoty Shelter Plus Que TRA 14. Project's location 6-digit Geogl'llpbiO Code: 129061

U. P!X!iect Address (S+c SR.As, if multiple sites list all addresses including): 18, U Check box ifEnergy Star is Street: used in this project City: State: Zip: 19. P~ject Congressional District: 16. D Check box if project is located ln a Rum! Area 15-16 17, lf nroiect contains hopclnrr units, are these units: D Leased? 0 Owned? 20. Prqiect Sponsor's Organization Name (lf different from Applicant) 22. Sponsor's DUNS Nutnber:

2 l. • Check box if Project Sponsor is a Faitli,.Based Organization D Oieck box if Pn,ject Sponsor has ever reccived a federal grant, either

directlv ftom a federal 3"'"''""' or throu"" a sttte/local a="~' 23. ~iect Sponsor's Address (if d.ifrerent from Applicant) 24. Sponsor'sErnployer Street: Ideutification Number (EIN): Citv: State: Zin: 25. Coutact person of Project Sponsor (if ditfetent fl'Dm Applicant) JI/a Name: Phonie DDmber: Title: Fax number:

Email Address:

144

TBEAStraE COAST !:IOMELESS SEP.VICES COUNC:t:r. :me. CONT:rm,tJM Oll' CABE

Part B: Project Summary Budget-n/a Bl. Su ortive Housin Pro ram SHP All SHP Pro·ects a SHP Pr c. Graat Term (New ProJ'ects mu.st be 2 or 3 years,· i-=,:•..;;;;;;~~:.:.::;0111:.::a::::m:... _______ --I b. Component Types (Check only one box) Renewals or HMIS projects can be 1, 2 or 3 yea1-s) · D D D D D Safe Haven/TH (Check only one box) TH PH SSO HMIS O Safe Haven/PH O O 0

1 Year 2 Years 3 Years d. Proposed

SBP Activities e. /SBP Dollars r. Cash Match g. Totals

1. Acquisition

2. Rehabilitation

3. New Construction

4. Subtotal ines 1 throu 3)

5. Real Property Leasing From Leasin Budget Olart

6. Supportive Services From Supportive Services Budget Chart


8. FIMIS From HMIS Budget Cbmt

9. SBP Request . (Subtotal lines 4 through 8)

10. Administrative Costs to 5% ofline 9

11. Total SHP Request Total lines 9 and 10

- R nest Col. e + Col.

Total CuhMatch

Total Budget (TotalSHP

Request + Total Cash Match)

Bl. Shelter Plus Care (S+C) (All S+C Proiects) a.12SJ S+CPro m c. Grant Tenn (Renewals are 1 year only)

b. Component Types (Check only one box) (Check only one box)

l2?J • • • • ~Renewal ONew • New TRA SBA PBA PRAR S+C/SR0 (PR.AR, S+C/SR0)

1 Year 5Years lOYears

l. Total S+C Rental Assistance Amount ,

$110,808.00 from S+C and SRO Budget Chart

FL-509 Ft. Pierce/St. Lucie.. Indian River. Martin Counties CoC APPLICANT DUNS 079-208-989 1 4 5

=un.: COAST HOMELESS SERVICES COUNCIL INC, CONTINUUM OF CARE

Part C: Point in Time Housing and Participants Chart 'All Projects Ex.cent Dedicated HMIS Projects) 1. Housing Type• la. 125,! Multi-family lb. [21 Scattered Site (Check all that apply) D Single--family D Project Based D Conare• te Facllitv

a. Current b. New Effort or c. Projected 2. Uuits. Bedrooms, Beds Level Change in Effort Level

. (Point-in-Time) (If Annlicable} (column a+coL b) Number of Units 19 Number of Bedrooms 19 Number of Beds 19


Children fFamilv Households\ i. Number of adults in fumilies ii. Number of children in fumilies iii. Number of disabled in fiunilies

b. Number of Single Individuals and 19 Other Households w/o children

L Number of disabled individuals 19 ii. Number of chronicallv homeless 17

*Housing Types: Multi-fimlily (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family; Con,,,.,,.,,,te Facilitv (donnifl'lrv, banaciks, sbaled-livinu),

Part D: Targeted Subpopulations (All Projects Except Dedicated HMIS Projects) List the approximate percentages for each homeless subpopulation you expect to serve. If you expect to serve subpopulations that fit more then one category (i.e. Severely Mentally Ill Persons with Chronic Substance Abuse), you may place overlapping approximate percentages on the appropriate lines. If this is a #J priority project, it must serve JOO% chronically homeless persons to receive the PH bonus.

1. Homeless Subnonulations 2. Annroximate Percental!!eS {%)

Chronicallv Homeless (as def"med bv BUD) 80 Severely Mentallv m 100 Chronic Substance Abusers Veterans Persons with HIV/AIDS Victims of Domestic Violence Unaccompanied Youth rnnder 18 yean of a2e)

1. 0 Yes 0No

Are there policies and protocols developed or implemented for the discharge of persons from publicly funded institutions or systems of care ( e.g., health care facilities, foster care or other youth facilities, or corrections programs and institutions) in order to prevent such discharge from immediately resulting in homelessness or requiring homeless assistance for such persons in your · urisdiction?

FL-509 Ft. Pierce/St. Lucie. Indian River. Martin Counties CoC APPLICANT DUNS 079-208-989 146

~TJRE COAST HOMELESS SEII.VJICES COUNCIL INC. CONTim71.lM OE' ~

Part F: Project Leveraging Chart (All Projects) . HUD homeless program funding is limited and can provide only a portion of the resources needed to successfully address the needs of homeless families and. individuals. HUD encourages applicants to use supplemental resources, including state and local appropriated funds, to address homeless needs. Please be aware that undocumented leveraging claims may result in a re-scoring of your application and possible withdrawal of your conditional award(s), For :further instructions for filling out this section, see the Instructions section.


Contribution Contribution (G) Government* Written Written or rP) Private Commitment Commitment

le: Child Care CDJJG G 2/15/06 $10,000 n/a

•Govemment sources arc riated dollars. TOTAL: $

Part G: Project Participation In Homeless Management Information S stems · S All Projects Exe Dedicated HMIS Projects)

181 Yes 0No

Is this project participating in the HMIS? If "Yes," what date did this project begin participating in the HMIS? If"No," enter the date the project anticipates beginning participation. Will client-level data be included. in the HMIS for all persons served by this ro"ect? ·

Part H: Renewal Performance (All Renewal Proiects) Are there anyun.resolved HOD monitoring :findings, or outstanding audit findings related to this project? If"Yes," briefly describe .

1,0Yes [8lNo .

FL-509 Ft. Pierce/St. Lucie, Indian River, Martin Counties CoC APPLICANT DUNS 079-208-989 1 4 7

TBEASOU COAS'.1' aow;:LESS SE~VICES COWCIL INC. CON'I'!NUOM OF~

Are there any sigciticant changes that you propose in the project since the last funding approval? Check all that apply: l2l Number of persons served: from_l2_ to _19_. 0 Number of units: from_ to_. · D Location ofproject sites. D Line item or cost category budget changes mqre than. 10%.

2, 12J Yes QNo D Change in target population. D Change in project sponsor. D Change in component type. • Other: Please explain changes: Efficient use of grant fu11ds , client co-pays and

. entitlements has allowed us to have 19 units leased up at renewal time.

H: Renewal Performance (Continued) · fFor all S+C, SHP-PH, SHP-nt, SHP-Safe Haven, and SSO Renewals): Use information from the most recently submitted Annual Progress &port (APR) to answer questions 3, 4, and S. lf an APR has not yet been submitted for this renewal project, please check the NIA box and skin these auestious. n N/A

3. Permanent Housing (PB) Performance (To be filled out by all SHP and S+C renewal permanent housing projects, including both SB:P-PH and SB:P-Safc Haven permanent housing). Complete the following chart using data based on the .prt®ding QRer!!1;ing yeip: from APR Questions 12(a.) and 12(b): a. Number ofnarticipants who exited PH uroiectls)-APR Ouestion 12(a) 6 b. NUl.llber ofi,anicipants who did not leave the projectfa).,-APR nuestion 12 (b) 11 C. Of those who exited, how mauv staved 7 1110llths or lon"er in PH-APR 0t1estion 12(a) 5 d. Of those who did not leave, how many stayed 7 month.s or longer in PH-APR question l2(b) 10 e. Percentage of all participants in PH projects staying 7 months or longer •

[(c +d) divided by (a+ b)] x 100"" e. Examnle: ((16 + 15) divided:t,y (20 +20)] x 100'" 77.5% 88%

4. Transitional Rousing (TH) Performance (To be filled out by all SBP renewal transitional housing proj~s, including both SHP-TH and SHP-Safe Haven transitional housing). Complete the following chart using data based on the sreceding operating vear from APR Question 14: a. Number ofna:rticipants who exited TH nroiect(sl-includiniz unknown destination b. Number of participants who moved to PB-from any destination identified as permanent

hoasin!? C. Of the number of participai:rts who left TH, what percentage moved to PH? %

(b divided bv a.) x 100 "' c Examn!e: (14 I 18) x 100 ~ 77. 7%.

FL-509 Ft. Pierce/St. Lucie, Indian River, Martin Counties Coe APPLICANT DUNS 079~208-989

148

~= COAS'l' llOMlilLESS SERVJ:Cl!:S cowc:i::t. :me. CON'l'lWJOM OF CARE

5. Suppo.-tive Services - Mainstream Programs and Employment Chart (To be rilled out l,y all s+C and SJD> renewals, except dedicated HMIS projects) HUD will be assessing the percentage of clients iii your renewal project who gained access to mainstream ,ervices arid, especially, who gained employment. Based on responses to APR Question 11 comvlete the following: .

l :2 3 4 Number of Adults Who Left Income Source Number of Exiting % with Income

(Use the sa:ane number Adult, with Each Source at&it in each row) oflnoome (CoL 3+Col. 1 x

100) Jbam1>1": 105 a. Sotial Secu,...., IJ111ll'a:nce: <S•m 40 38.1%

105 b. Sotl:al Sec:iu:lty Disability . 35 33.3% Ins11m11C11 "'SDll · .

1115 c. Social Seeuritv 25 23,8% 6 a. SSI 3 SO% 6 b.SSOI 3 SO%

o. Social Seourttv d. Oenellil l:'U1)1io AssistallCC e. TANF f. SCHlP 11;. Veterans Benefits b. Emowvment Inrome !. Unemnlovment Benl1Jfits

i.V~Care 6 k. Me. 4 66% Q t Food 4 66%

m. Otller roleaso soecitvl n. No Fi:nanciiu Reswrces .

. FL-509 Ft. Pierce/St. Lucie, Indian River, Martin Counties CoC APPLICAN'f DUNS 079-208·989

149

~SURE COAST !iONELli:SS SEP.VICES COUNCIL INC. CONT!NUUM O:&' CAJm

Part J: Shelter Plus Care and Section 8 SRO Project Budgets (All S+C and SRO Projects as Applicable) . Jl Sh I Pl C d S ti 8 SRO R l As ' B d • eter us are an ec on enta s1stance U L~et a. Check the box to indicate the type of pro2ram: [8) S+C I I Section 8 SRO b. Name of metropolitan or non•metropolitan Fair Market Rent (FMR) area: Indian River County. Vero Beach FL c. Check the appropriate box that relates your rent to the published FMR"': D 1%to99%ofFMR. [8) 100% ofF.MR D 101% to 110% ofFMR (l>HA approval letter must be attached). D Greater than 110% • - • , • • approval letter must be attached). d. Size of Units e.Nninber f.FMRor g, Number of · h, Total

Of Units Actual Rent Months SRO X X 2 $ OBedroom X X .. $ 1 Bedroom 19 X 486 X 12 = $110.808.00 2Bedrooms X X .. $ 3 Bedrooms X X .. $ 4Bedrooms X X .. $ 5 Bedrooms X X .. $ 6Bedrooms X X ... $ Other: X X $

i. Totals: 19 X 486 X 12 .. $110,808.00 *Please be advised that the actual FMRs used in calculating your S+c or SRO grant will be those in effect at the time the grants are approved, which may be higher or lower than the FM& listed above.

FL-509 Ft. Pierce/St. Lucie. Indian River. Martin Counties Coe APPLICANT DUNS 079-208-989 1 5 Q .

TREASURE COAST HOMELESS SERVICES COUNCIL INC.

Section IV: Applicant Certification These certified statements are required by law. PreyiQUS versions obsolete form HUD-40090-4

A. For the Supportive Housing (SBP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs:

Fair Housing and Equal Opportunity . . It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shal~ on the ground ofrace, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and will immediately .take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal fmancial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used fur a purpose fur which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.

It will comply with the Fair Hoµsing Act (42 U.S.C. 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin.

It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Pa.rt 107 which prohibit discrimmation because of race, color, creed, sex or national origin in housing and related facilities provided with Federal financial assistance.

It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-1 ), which state that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defined in Section 130.5 of HUD regulations the equal opportunity clause required by Section 130. lS(b) of the HUD regulations.

It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 170l(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in connection with the project be awarded in substantial part to persons residing in the area of the project.

It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities.


151

TREASURE COAST HOMELESS SERVICES COUNCIL INC.

It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members

, of minority groups and women.

If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain infonnation concerning the assistance.

It will comply with the reasonable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended. ·

Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CPR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population.

B, For SH.P Only.

20-Y ear Operation Rule. For applicants receiving assistance for acquisition, rehabilitation or new oonstruction: 'The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application.

I-Year Operation Rule. For applicants receiving assistance for supportive services, leasing, or operating costs but not receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided.

C. For S+C Only, Supportive Services. It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HUD for the full term of the rental assistance.

D, Explanation. Where the applicant is unable to certify to any of the statements in this certificatic:in, such applicant shall attach an explanation behind this page.


Title:

Applicant:

Date:


152

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


CR 512, I-95 to Roseland Road - IRC Project No. 9611 ADDENDUM #8, TASK C REQUEST FOR FINAL RELEASE OF RETAINAGE

May 8, 2006


Indian River County entered into a Professional Engineering Services Agreement wi1h Masteller & Moler, Inc. on January 21, 1997 for design services for four~lane widening ofCR512 from 1-95 to Roseland Road. The original compensation amount was $471,500.00. Eight (8) addendums to the agree111ent have been executed which changed the compensation amount to $899,816.00.

Attached please find Addendum #8 from Masteller & Moler, Inc, As shown on the addendum, the additional services are for modifications to the design for realignment of the section from I-95 to Sebastian River Middle School due to Right of Way issues and other items of change throughout the project. Task C - Phase ID Construction Plan Modifications $28,650.00.


Staff recommends releasing the retainage for Addendum No. 8-Task C in the amount of$2,865.00. Funding for CR 512, I-95 to Roseland Road - IRC Project No, 9611 is from account #10115341-066510-00005.

F:\Engineering\Capital Projects\9611..CR 512 Widening\9611 ~ BCC Agenda Release ofRetainagc.Addcn8~05-08..06.doc

153

PAGE TWO BCC Agenda Item for CR 512, I-95 to Roseland Rd.-Addendum No. 8 MayS,2006

ATTACHMENTS

1. Copy of Addendum No. ,8 2. Final Invoice -Addendum No. 8, Task C from Masteller & Moler, Inc.

DISTRIBUTION

1. James W. Davis, P.E., Public Works Director 2. Jason B. Brown, Budget Manager 3. Masteller & Moler, Inc.


FOR Ma)I 16,i 2006

BY~

,ndian ltiver Coon

Le al

ltisk Mann cment

Publio Works

Engineering

F:\Engipcering\Capital Projccts\9611 .. CR 512 Widening\9611 - BCC Agenda Release of RetainageAdden8..05..08..06.doc

154

ADDENDUM #8 TO CONTRACT DATED JANUARY 21, 1997 BETWEEN INDIAN RIVER COUNTY AND MASTELLER & .MOLER, lNC. FOR CR 512 PAVING & DRAINAGE IMPROVEMENTS · .· . INDFAN RIVER COUNTY PROJECT.#9611 . COUNTY ROUTE 5U CORRIDOR IMPROVEMENTS ROSELAND ROAD TO I-95 . . . INDIAN RIVER COUNTY, FL

' :. . ,,

Indian River Coµnty staff has dill.gently attempted to secure rightwef-way from various property owners along County Route 5\2 for constrqction of "Four-lime Roadway Improvements" . between, Roseland Road· ii.ii4 Intersfii.fe~"9·s-based on··tl:ie oiiginal -Projecr design. "A.s ·it result of· difficulties experienced with the right-of-way acquisition process, the County has made a . decision to realign portion 9fthe proposed roadway improvements.

. . .. ' •, ,·

Under this Addendum, this project will remain to be constructed in two (2) sepai:at~ phase~; designated as Phase m and Phase IV. The length of the phases will be altered sligh~ly under this Addendum such that the phase~ will be defined as follows:

Phase ill wi.11 extend westward from Roseland Road to approximately the: east Hne of the Sebastian River Middle School and includes the proposed bridge imprnvements over the St. Sebastian River. Phase m. also includes performance of wetland mitigation to:~upport wetland impacts iii both Phases m and IV. The total length of fl;le Phase .ill project is approximately 2.14 miles.

Phase IV ex:tends westward from approximately the . east line of the Seba.stj.an Middle School .to the Interstate-95 vicinity. The .total length .of the Phase IV project is approximately 1.60 miles. · The Phases overlap and tllus t.he total length o;f~hase .ill and Phase 1 Vis approximately 3.5 miles. · . ' .

As a result of the proposed change to the alignment of the County Route 5.12 Four~lane Roadway Improvements, the foUowing segments i.Jfthe four-lane roadway copstruction will change: ·

Phase m- Station 113+00 to Station 264+00. (3,400 ft)

Phase JV - Station 64+00 to Station 124+00. (6,000 ft)

(Note: Tlie ;j,esign length to be modified for Phase III does not correlate mathemati~y to the difference between stations as a result of the original design containing a. station equation). · · , . . .. · · . . : . •. , . . . . . . · . . .

in order that the project design and issued permits may be.modified as. outlined above, we will . perform the following "Additional Services":

155

' -.:_:;. J' ,,

~~Jf;:'. ···-\~.\:

Addendum 118 Rev. 04/07/05 Page 2. of6

I. ADDITIONAL SERVICES IN" CONNECTION WITH THE FOLLOWING CONSTRUCTION PLAN PREPARATION SERVICES:

Task A - Soils Investigation: Environmental Assessment and Land Surveying Updates

Additional soils investigation; environmen±al as~ssments; and land surveying shall be completed along the portion of the Projem: where- th.e proposed alignment of the roadway will be modified :frot11 its m;i.ginal design as depim:ed on "Overall E:x:hlbit ·of Proposed F.ight-of-wayCounty Route 512" printed .August 2, 2004 provided to Masteller & :M:oier, i':n(;, by Christopher J. Kafer, Jr. P.E., Indian River CoUll'o/ Engineer. · ·

Soils Investigation: A Soils_ Investigation will be completed to support the new roadway alignmeot consisting of the following Scope of Services: · ·

. . . _ Field Servic~s-. Mobilb:ation .

Auger Borings (20) @ 6' deep Muck: Probing 2 Man Crew - One Day

. La'borai:ozy Services • _ L Sewer Analysis (8) 2. Moisture Contem (8) 3. qrganic Content

Soils Report.:. The Results of the' field investigations and laboratory services will be compiled within a Soils Report for use in design of the Project Roadway Im,pr.ovments.

. '

· Environmental Assessment: The Environmental. Assessment sha1l include the scope of services as described in the attached Sub-consultant proposal from Environment.al Services, Inc. (ESI) September 23, 2004; Tasks 1-5. ·

Land Surveying: The Land Survey~g shall be performed by Masteller, Moler & Reed, Inc. and provided to us by Indian River County. The fee for surveying services is not included in thi~ proposal.- The surveying services should include an updated route survey between approximately Station 64+00 (Phase IV) and Station 264+-00 (Phase DI) to support the new roadway alignment. Additlol)Al. wetlan~. flagged by the project's Environmental Consultant under this Addendum should be field located as part of this scope. In addition, soil borings obtained under this Addendum_ should be field located both horizontally and vertically as part of this scope.

We propose to pa.-form the Scope of Services outlined under Task A for the following lump sum fees:

Soils Investigation ................................................. $ 8,464.00 Environmental Assessment (ESI Tasks 1-5) ................... $ . 7;475.00..., Land Surveying . . .. . .. . . .. . .. . .. .. .. . . . . .. .. .. .. .. .. .. .. . . . .. .. .. . $ (:Not Included)

156

Arldendll!l1. #8 Rev. 04/07/05 Page3 of6,

Task B..:. Storm.water Management Report & Wetland Mitigation Modifications

The proposed change to the alignment of the roadway improvements will require mo(lificati.ons to both the stormwater management !lild. wetland mitigation designs,

This Addendum includes preparation of a modifie-d Sto!1Ilwater :Management Report to support the modified roadway Construction Plans. The proposed modified roadway alignment will require a · new stormwater · management .,1.nal.ysis for previously, designed post-development stormwater basins. A, B &. C only, (No modi:Jfuation to tbe previously design pos:t-dev.elopment., stonnwater basins'D & Eis included in this addendum). The Stormwater Management Report shall be. designed to demo:t:1strate that the modified stormwater improvements will provide for treatment and attenuation of storm runoff in conformance witli St. Johns River Water Manageme:µt District (SJRWMD) rules and r~lations. ·

Utilizing the ~pdated: wetland jurisdict:ionai line information, we sha!L develop a new summary of proposed wetlands impacts based.on the. new alignment. Utilizing the updat~d summary; we . shall modify the original wetland mitigation· design. Tbe modified design ,of the Wetland Mitigation Plans shall be a• teflnei:nent of the original design. pased on the :t;tpdated wetlands impact summary. Mitigation Plans will. again be included. o:w.y :within the .Phase ID Co_ntract . Plans, but will provide mitigation for wetland impacts for both •Phas.es ill .and IV of the CR. 512, Roadway Improvements project. (This proposal· does not incluc!e substantial changes to tl.).e original wetland mitigation design concepts. Wetland mitigation will be pro'.l(ided based pri. the original conservation_ easement proposed on the Lake E Site work proposed wltbin the St. Sebastian River Pre~erve.) . ·

This Task also •includes ~ scope of services. as described in t.he. attached Sub~_co~sultant proposal from Environmental Servic~s, Inc. (ESI) dated Septem.ber 23, 2004, Task 8.

We propose to perform the Scope of Services outlined under Task B for the following ,h,mp. sum fees: · · · ·

Stormwater: Management Report (MM)., .... ,.. . . . . . . . . . . . . .. $ Wetland Mitigation Planning (ESI Task 8).. · $ Wetland Mitigation Design Coordination (MM) $

Task C • Phase ID Construction Plags Modifications

14,500.00 2,300.00. 2,000.00

Construction Plans and Specifications shall be amended to reduce the length of the Phase m of the four (4) lane roadway design from approximately Station 113+00 to Station 259+-00 as depicted on "Overall Exhibit of Proposed Right-of-way-County ,Route 512" printed August 2, 2004 provided to Masteller & Moler; Inc. by Christopher J. Kafer, Jr. P .E., Indian River County Engineer. ·

The Plans shall be amended to incorporate a raised median to allow the County to install landscaping along the CR 512 corridor between the eastbound and westbound lanes.

157

)

Ad.dendum#8 Rev. 04/07/05 Page 4 of 6

This addendum includes making design revisions to the Lake C stormwater lake ( on its original site) based on the updated stormwater management report

· J.n. order to complete the design modifications, we shall revise the Construction Plans including Plan & Profile Views, Cross-sections, Summary of Quantities, Stormwater Lake Plans, Utility Alignment Plans and Wetland Mitigation Plans.

We propose to perform tjie Scope of Services outlined under Task C for .the follo~g lump sum ~ ... . . . . -ees:

Construction Plan Modifications (Phase Ill) ....................... $ 28,650.00

;rask D - Phase IV Construction· Plans Modifications

Construction Plans and ·specific:a-tions shall be amended to increase the length of Phase JV from approximately Station 113+00 to Station 259+00 as depicted on "Overall Exhil:iit of Proposed

· 1q.ght-of~way-Cou:o:ty Route 512" priuted August 2, 2004 provitj:ed to Masteller & Moler, Inc. ·by Christopher J. Kafer, Jr. P.E., Indian River County Engineer .. Furthermore, Construction Plans and Specifications shall be a.me.nded to incorporate modifications to the alignment of the four ( 4) lane roadway design from approximately Station 113+00 to $1:ation 264+00 as depicted on "O~rall Exhibit of Proposed Right-of-way-C9unfy Route .512" printed August 2, 2004 provided tci Iv.l:asteller & Moler, Inc. by Christopher r. Kafer, Jr. P .E., J.ndianRiver County Engineer. ·

The Plans shall be amended to incorporate a 'curbed medi1µ1 to allow the County to install. landscaping along the CR 51'.i/, corridor between the eastbound and westbound lanes. In addition,. tlie Construction Flans shall be expand:ed to i:q:clude an eastbound ieft tum lane at 108ili Avenue.

This Addendµm includes making design revisions to the Lake A & B stormwater lakes on their respective original sites. · · ·

In.order to complete the design modificatiom, we shall revise the Construction-Plans including Plan & Profile Views, Cross-sections, Summary of Quantities, Intersection P.l.ans (Middle School & 102 Terrace), Stormwater Lakes A & B Plans, and Utility Alignment Plans. ·

We propose to perform the Scope of Services outlined under Task D for the following lump sum fees: · .,,

. .

Corurtruction Plan Modifications (Phase JV) ................... $ 86,000.00

158

•"• ' ,1

Addendmn#8 Rev. 04/07 /05 Page 5 of6

Task E ~ Landscape & Irriiration Plan Modifications

This Task includes the scope of services as described in attached Sub-consultant proposal from Brad Smith Associates, Inc.

Landscape & Irrigation P~ans Modifications Fee $ 13,156.00

Tok F ~ Petmit.M!!dification8

· Modifications to the St. Johns River Water Management District (SJRWMD) Environmental Resource Permit (ERP) and an ,¥my Corps of Engineers (ACOE) penni.t will· need to be obtained prior to commen~ement of Phase m and IV construction activities. · ·

Once final alig\]Jnent has been approve~ by Indian River County Engineering, ;ESI will assist the project engineer with the preparation of the environmental section of the ERP application for

. submittal to SJR \VMD: This task will inch.ide the preparation of sbf ( 6) copies· of supplemental materials and: one .(1) electronic copy. Two requests for additional information will be pr~pared as part of this Task. · · · · · ·

.. ,

Note: it is assumed that mitigation previousiy negotjated as part of the original p=it and appUc;atipn can. be'usedf_or 'th.is modi.jfr:atio'fl:,

ESI will prepare a separate ERP application specific to CE wetland impacts associated ·mth the bridge at Sebastian Creek. Separate dredge/fill drawings will be prepared for this application as well as preparation ofCE's Public Notice ang Statement of Findings. .., '

This Addendum includes making application for modifications to the previously issued SJR WMD ERP and an ACOE p.ennit for tl!e overall Project. · · ·

We propose to perform the Scope of Services outlined under Task E for the following lump sum fees:

'.

SJRWMD Environmental Resource Permit Stonnwater Permitting (M&M). Environmen:t/11 Permitting .. (M&M/ESI)

Army Corps ofEi;igineers Permit (M&WESI) Florida DOT Permit (Left Tum L~e at 108111 Avenue)

$ 14,500.00 $ 6,900.00 $ 7,300.00 $ 3,500.00

. In order to complete the above-described modifications to the four ( 4) lane road,•1ay alignment, we will need to be provided with the County's completed alignment modifications in digital format in Autpcadd. · ·

159

Addendum #8 Rev. 04/07/05 Page 6 of6

.Schedule

Phase III Schedules for Planning and Eermitting::

A. 90% Complete - (60) working days from our receipt of your notice to proceed plus time frame for our receipt of your final cqmmen±s.

B. 100% Complete - (30) working days plus time frame for our receipt of yolll'. final comments.

Phase IV Schedules for Planning and Permitting: . .

A. 90% Complete - (120) working days after your notice to proceed plus 'time frame for our receipt of your final co=ents.

B. 100% Complete -(30) working days plus time frame for our receipt of your final · · comments and SJRWMD / ACOE permit modifications .

. We will" complete the above described Scope of Services in .a diligent !!lanner after our receipt of written a1.:thoriza:tion.to proceed from.Indian River. County. . · •

., IN WITNESS WEEREOF the parties hereto have executed these presents tltls 2fst day of ~='---' 2005.

MAS.'.IBI J ,ER & MO:µ:R, INC. l6550tre: Suite 2

By:'6'.~ ·. StephenE. Moler, P.E. Vice President

SEM/v)<· Fili> #9649 ("'1dooil3_!ov 04-040l.<lo•)

INDIAN :RIVER COUNTY COMMISSION mdian River County, Florida

-·

By:··~5,-.~

· Thomas S. Lowther . Chairman.

; Jeffrey K. Barton . _ Clerk of.Court

APPROVED AS TO FOr/JJRM AN°i/Il,v/L 6'1 ' w I i.LlAM1ie-7AL . ASSISTANT COUNTY ATTORNEY

160

Masteller & Moler, Inc. 165 5 27th Street, Suite 2 Vero Beach, FL 32960 (772) 567-5300

Attn: ProjName: Proj Code: Proj Desc:

Mr. Chris Kafer, P. E. CRS12 Roadway Improvements 9649A-LF Amend Plans

APR 1 9 2006

!NDIAN RIVER COUNTY ENG1NEERING DI\J'ISION

Invoice Number 9649ALF-SRET Dated: April 18, 2006

Mr. Chris Kafer, P. E. Indian River County Engineering 1840 25 th Street Vero Beach. FL 32960

Professional Engineering Services For the Billing Period April 1, 2006 to April 18, 2006

Description of Work Performed:

Professional Engineering Services to provide construction plans and specifications amended to reduce the length of Phase ill of the four lane roadway design from approximately Station 113+00 to Station 259+00 as depicted on "Overall Exhibit of Proposed Right-of-way County Route 512" printed August 2, 2004. This addendum includes making design revisions to the Lake C stormwater lake( on its original site) based on the updated stormwater management report. Completion of Engineering Services and final invoice requesting retainage for this project.

Professional Engineering Services Fee: $. 28,650.00

Fee for Professional Engineering Services through 4/18/06:

$ 28,650.00 X 100 % Complete

Total Professional Engineering Services

Total Amount Due This Invoice

$

$

$

2,865.00

2,865.00

2,865.00

161

TO:

THROUGH:

FROM:

SUBJECT:

. REFERENCE:

DATE:


MEMORANDUM


James W. Davis, P.E., PublicWorks Direct's,:.-ilO--✓ AND

Christopher J. Kafer, Jr., P .E., County Engine

David B. Cox, P.E., Senior Civil Enginee£lC

Request for Floodplain Cut and Fill Balance Waiver for Lot 2, Block 19, Vero Lake Estates Unit 4

Project No. 2005070157-52350 CONSENT AGENDA

May l, 2006

DESCRlPTION AND CONDITIONS

Kristi Wheatley has submitted a building permit application for a guest house on the subject property. The site is located in an AB special flood hazard zone, base flood elevation 22.5 ft. N.G.V.D. In the attached letter from the applicant's engineerrevised April 20, 2006, a waiver of the

· cut and fill requirements is requested. The lot area is 1 acre. The volume of the 100-year floodplain displaced by the proposed grading plan is estimated to be 224.7 cubic yards.

ALTERNATIVES AND ANAL Ysrs

The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Floe>d Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit.

Alternative No. 1

Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4.

Alternative No. 2

Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement.

162

PAGE TWO BCC Agenda Item from David B. Cox May 1, 2006

RECOMMENDATIONS

Staff recommends approval of Alternative No. 1. ·

ATTACHMENTS

1. Letter from Ronald G. Keller, PE, dated March 8, 2006 2. Calculations for cut and fill

DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher J. Kafer, Jr., P.E., County Engineer 3) Robert M. Keating, AICP, Community Development Director· 4) Ronald G. Keller, PE, KSM Engineering & Testing, Inc. 5) Kristi Wheatley

· APROVED AGENDA ITEM

FOR f&tl 6t';Jol) b

BY~,

Indian River Count

Administration

Bud et

Le 1

Risk Management

Public Works

Enc;int.iering

163

KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-"1377 SEBASTIAN [772) 589-0712. PALM BEACH (561) 845-7445 CA. 5693 PE. 37293 s 1 860 MELBOURNE (321) 768-8488 FAX (561) 845-8876 . .. ' ·· '.: ST. LUCIE (772) 229-9093

F;;x (772) 589-6469

Revised April 20, 2006

Kristi Wheatley 8045 90th Avenue Vero Beach, Florida ~2967

Re: Lot 2, Vero Lake Estates Sub Unit 4 8045 90th Avenue Indian River County, Florida I.R.C. Project#: 2005070157-52350 / AA-05-10-131 KSM 507138 .

Dear Sir:

I have reviewed the survey for the referenced project and the ordinance concerning type 'C' stormwater .management requirements for this type of structure. I have also. indicated the proposed grades on the attached drawing, including the fill calculations. Based on this review, it is my professional opinion that the structure and site work appears to meet all the applicable Type 'C' Stormwater Management Ordinance requirements providing a waiver is granted concerning the cut and fill balance.

Therefore, the owner is requesting that the cut and fill balance waiver provided in section 930-07 (2) (d) 4 of the Stormwater Management and Flood Protection Ordinance be granted by the county.

Should you have any questions or comments, please feel free to call me at 589-0712.

APR 2 4 2006 o : · d G. K lier, P.E. INDIAN R!Vlih ,., ;_;;,~TY

[ r ent . ;i,,;. 2D - $> ~ . ENGl!-1!:l':FHN'.'.::; 11Wl:!.l!OtJ

etc· Indian R;:} County Engineering Department

RGK/km

164

·-· -···· .. ,., .,~,. .. ~ ...... -. ·--. ··•···-...... ,. ,.,, ·' ..... , . Ci ................. -·•-"·"-·····•····"-- ·. ,., . .---------------------------1 CALCULATIONS FOR REQUIRED FILL

AREA

I 2

SQUARE FOOTAGE

2,978 4,495- 2,978 m

TOTAL CUBIC YARDS REQUIRED~

CUBIC YARDS

2,978(22.50-20.88) / 27 = I 79, l l,517(22.50-20.88) /2 / 27 ~ 45.6

224.7

AREA REQUIRED FOR CUT AND FILL BALANCE

CUBIC YARDS TO BE EXCAVATED= 224.7 C.Y.

FILL EXCAVATED FROM PROPOSED 4,282 SQ.FT, POND 1.5' DEEP ~ 237.86 C.Y.

THEREFORE CUT AND FILL REQUIREMENT IS SATISFlED.

NOTES:

CROSSHATCHED AREAS ON ELEVATION DESIGNATED THE AREA BETWEEN THE BASE FLOOD ELEVATION OF ~22.50' AND THE AVERAGE EXISTING ELEVATION OF ~20.88'

LEGAL. LOT 2, UNIT 4, BLOCK 19, VERO LAKE ESTATES AS RECORDED IN PLAT BOOK 4, PAGE 88, AS RECORDED TI!E PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

z ::5 a.. .... z I w "' 1 5 :E il

· I.I.I

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM

Joseph A. Baird, County Administrator _/)

James W. Davis, P.E.-, Public Works Direc~NSE~T AGENDA

Christopher J. Kafer, Jr., P.E., County Engin~

CR 512, I-95 to Roseland Road - IRC Project No. 9611 ADDENDUM#?, TASKA&B REQUEST FOR FINAL RELEASE OF RET AINA GE

May 8,2006


Indian River County entered into a Professional Engineering Services Agreement with Masteller & Moler, Inc. onJanuary 21, 1997 for design services for four-lane widening ofCR512 from I-95 to Roseland Road. The original compensation a.tl).Ount was $471,500.00, Eight (8) addendums to the agreement have been executed which changed the compensation amount to $899,816.00.

Addendum No. 7 was for additional services and for modifications to the design for all median openings and the addition of a parking facillty :for recreational access by the public within the Stormwater Lake E site.

Additional lump sum costs for these services are as follows:

Median modifications -Parking facility -

$18,550.00 $10,010.00


- TaskA - Task B

Staff recommends releasing the retainage for Addendum No. 7 - Task A in the amount of $1,855.00 and for Task Bin the amount of $1,001.00. Funding for CR 512, I-95 to Roseland Road• IRC Project No. 9611 is from account #10115341-066510-00005.

F:\Enginecring\Capital Projccts\9611-CR 512 Widening\9611 - BCC Agenda Release ofRetainageAdden7~05-08..06.doc

166

PAGE TWO BCC Agenda Item for CR 512, 1·95 to Roseland Rd.-Addendum No. 7 May 8, 2006

ATTACHMENTS

1. Copy of Addendum No. 7 2, Final Invoice -Addendum No. 7, Task A from Masteller & Moler, Inc. 3. Final Invoice -Addendum No. 7, Task B from Masteller & Moler, Inc.

DISTRIBUTION

1. James W. Davis, P.E., Public Works Director · 2. Jason E. Brown, Budget Manager 3. Masteller & Moler, Inc.


Indian River Count

Administratioii

Bud t

Le al

Public Works

Engincc:ting

F:\EnginQCring\Capital Projects\9611 ~CR S 12 Widening\9611 ~ BCC Agenda Relc..ase of RetainageAdden7-0S...08-06.doc

167

ADDENDUM #7 TO CONTRACT DATED JANUARY 21, 1997 BETWEEN INDIAN RIVER COUNTY AND MASTELLER & MOLER, INC. FOR CR 512 PAVING & DRAINAGE IMPROVEMENTS INDIAN RIVER COUNTY PROJECT #9611 COUNTY ROUTE 512 CORRIDOR IMPROVEMENTS ROSELAND ROAD TO 1-95 INDIAN RIVER COUNTY, FL

L ADDITIONAL SERVICES IN CONNECTION WITH THE FOLLOWING CONSTRUCTION PLAN PREPARATION SERVICES:

TaskA

Construction Plans shall be amended to incorporate modifications to the design fur all median openings based on red-lined direction provided to Masteller & Moler, Inc. by the October 1, 2003 letter from Cbrlstophei: J. Kaii::r, Jr. P.E., Indian River County Engineer. In order to complete the design amendments, we shall revhie the Construction Plans including Plan Views, Cross-sections and Summary of Quantities.

We propose to perform the Scope of Se:i:vices outlined under Task A fur the lump sum fee of $18,550. 00

• · · .

TaskB

Construction plans shall be amended to incorporate improvements in the July 16, 2003 letter from Christopher J .. Kafer, Jr. P.E. Develop within the Stonnwater Lake E site located to the southeast ofthe CR512 Bridge over the.Sebastian River, the design fur a parking facility for recrea,:ional access by the public. The parking 'facility shall be accessed :fj:om the proposed new County Route 512 roadway improvements and will in.elude a median opening. Within the Lake E site, the location for a pedestrian path surrounding the site's planned stormwater lake and the conservation easement shall also be depicted.

This design task shall also require approval of the Lake E site improvements by the City of Sebastian Planning & Zoning Commission. In addition, the inclusion of the pedestrian pathway through the conservation easement will require modification to the issued St. John's Ri_ver Water Management District Environment.al Reso1Jice Permit. Our proposal is based on the parking lot and related grading design being developed in a manner that will not require modification to the cons~tion easement boundary.

We pro~se to perform the Scope of Services outlined under Task B for the lump sum fee of $10,010.00

• .

Time of Completion

We will complete our se:i:vices as desi:ribed above for Task A and Task B in approximately three (3) weeks after our receipt of written authorization to proceed :from Indian River County.

168

;' Addendum#7 3/10/04 Page 2

' I •., .j

IN WITNESS WHEREOF the parties hereto have executed these presents this 23rd day of March , 2004.

MASTELLER & MOLER, INC. · 2205 14th Avenue ·

By: v, &al~~e"" Earl H. M¥1ie ,r, P .E. President:jjl0/04 ·

!!BM/cab File#9649L$ (adnon#7 _rev, 031004,doo)

INDIAN RIVER COUNTY COMlv.lISSION Indian River County, Florida

~JJ~ By:•~t'.~ Caroline D. Ginn Chairman

Indian Iver County Approved Date AdminlstratlQn Budi;et

Cc. Attorney Risk Management Department Division

169

LUMP SUM FEE TABULATION

ADDENDUM lf1 TO CONTRACT DATED JANUARY 21, 1997 BETWEEN INDIAN RIVER COUNTY & MASTELLER & MOLER, INC. FOR CR 512 PAVING & DRAINAGE IMPROVEMENTS.

INDIAN RIVER .COUNTY PROJECT #9611 COIJNTY0R0i,l'.FE 512 CORRIDOR IMPROVEMENTS ROSELAND ROAD TO 1--95 INDIAN RIVER COUNTY, FLORIDA

Princiole of Firm Professional Ennineer Pro eel Manaaer Cad Des•nner

TASKA

Additions to incorporate design modifications for alJ median openings based on October 1, 2003 letter from Christopher J. Kafer, P.E. Revise construction plans to inc!ude Plan Views, Cross-sections & Summary of Quantities

TASKS

Amend plans to incorporate July 16, 2003 letter from Christopher J. Kafer, P.E. Develop within Storrnwater Lake E Parking Facllity for R<lcreallonal Access; 'D<lsign Pedestrian Path around Lake E.

_ Modify issued SJRWMD Permit & APproval by City of Sebastian Planning & Zoning Commission

.l!itals l'li.19849-A!ldn.#7 ®,e:!_manlloors.x1s

(Deslgn_SetV!ces) Rev. 3/03/04

$ 135.00 Hours Amount Hours

12 $ 1,620.00 12

14 $ 1,890.00 24

-

26 36

$ 100.00 $ 85.00 $ 70.00 Amount Hours Amount Hours Amount

$ 1,200.00 46 $ 3,910.00 166 $ 11,620.00

-

$ 2,400.00 16 $ 1,360.00 60 $ 4,200.00

62 226

Admi!listration $ -40.00

Hours Amount

5 l• 200.00

4 $ 160.00

9

3110'2004

Tota[ Costs

$ 18,550.00

$ 10,010.00

$ 28,560.00

:

' ·.:..

''~

-' .

Masteller & Moler, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 (772) 567-5300

Attn: ProjName:

Mr .. Chris Kafer, P. E. CR 512 Proj Code: 9649-LT

ffi1~@§U\~/I~© /},PR 19 2006

• COUNTY lNDIAN rll\JE.~ O\\f'IS\ON ENGi-NE.ERiN"'

Proj Desc: Amend Construction Plans per 7 /16/03 letter .

~*1- ;M--l.!3> Invoi.ce Number 9649LT-4RET Dated: April 18, 2006

Mr. Chris Kafer, P. E. Indian River Coun'ty Engineering 1840 25th Street Vero Beach, FL 32960

Professional Engineering Services . For the Bil.ling Period April 1, 2006 to April 18, 2006 ·


Professional Engineering Services to provide Task B Amend construction plans to include improvements requested in letter of7/16/03 from Chris Kafer. Develop within the Stormwater Lake E site for the design of parking facilities for recreational access. Modifications to St. Jobns River Water Management District ERP for conservation easements .. Completion of Engineering Services and :final invoice requesting retainage for this project.

Professional Engineering Services Fee: $ 10,010.00

Fee for Professional Engineering Services through'4/18/06:

$ 10,010.00 X 100 % Complete

Total Professional Engineering Services


$

$

$

1,001.00

1,001.00

1,001.00

171

, .....

Masteller & Moler, Inc. 1655 271h Street, Suite 2 Vero Beach, FL 32960 (772) 567-5300

Attn: ProjName: Proj Code: Froj Desc:

Mr. Chris Kafer, P. E. CR512 9649-LS Addendum #7 ~./4, 4

APR 1 9 2006

IND/AN RIVER COUNTY ENGi-NEERiNG DIV'fSISIJ

hi.voice Number 9649LS-3ARET Dated: April 18, 2006

. Mr. Chris Kafer, P. E. Indian River County Engineering 1840 25lh Street Vero Beach, FL 32960

Professional Engineering Services For the Billing Period April 1, 2006 to April 18, 2006


Professional Engineering Services to provide amended plans to incorporate design of median openings per 10/1/03 letter from Chris Kafer to include the plan views, cross~sections and summary of quantities. Completion of Engineering Services and final invoice requesting retainage for this project. ·

· Professional Engineering Services Fee: $ 18,550.00

Fee for Professional Engineering Services tl)rough 4/18/06:

$ 18,550.00 X 100 % Complete

Total Professional Engine_ering Services


$

$

$

l,85$i00

1,8S'E:OO

172

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMW ATER ENGINEERING· 1840 25TH STREET VERO BEACH, FLORIDA 32960-3365 Phone: (561) 567-8000, ext. 1562 ; Suncom: 224- 1562 Fax: (561) 778-9391

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

SUMMARY

MEMORANDUM

Joseph A. Baird, County Administrator . ~-

James W. Davis, P.E., Public Works Direct ,; MA W. Keith McCully, P.E., Esq., Stormwater Engi er f/!VVI CONSENT AG.ENDA-APPROVAL OF MALCOLM PIRNIE, INC. AGREEMENT FOR PROFESSIONAL SERVICES AND WORK ORDER NO. 2-RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT May 9, 2006

In 2004, Hurricane Frances caused serious flood damage to homes in the Rockridge subdivision. The homes were flooded during the hurricane by storm surges from the Indian River Lagoon. The County received a $1,900,000 Disaster Recovery Initiative Grant (ORIG) that is funded through the Florida Department of Community Affl!lirs (DCA) Community Development Block Grant (CDBG) program. DCA is considering a request from the County to increase the grant amount to $2,100,000. The COUNTY has also applied for a $1,500,000 grant through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) and the application is still being reviewed by that agency. Per the FEMA HMGP application, the project's original estin:,ated cost (May 2005) for engineering and construction was $2,000,000.

On October 12, .2005, a request for Statement of Qualifications was advertised for engineering consulting services for the flood control project and the engineering firm of Malcolm Pirnie, Inc. was ranked No. 1. The Board approved this ranking on January 10, 2006 and shortly afterwards, signed a Master Agreement with Malcolm Pirnie.

Work Order No. 1-RR with Malcolm Pirnie was issued on February 21, 2006. That Work Order provided important initial background survey information and that work is complete.

Work Order No. 2-RR with Malcolm Pirnie will provide for Preliminary Engineering Services that will take the project to the approximate 30 percent final design stage or

Page 1 of 2 F:\Public Works\KeithM\Stormwater ProJectslRockridge Subdivision\Agenda ltems'Agenda Item• MPI Wor1< Order No. 2-RR.doc · 1 7 3

I perhaps a little beyord. The remainder of final engineering design, construction and permitting documents, and construction administration services will be covered in a future Work Order. The amount of Work Order No. 2-RR is $91,440.

RECOMMENDATIONS

Staff recommends the Board of County Commissioners approve Work Order No. 2-RR with Malcolm Pirnie, Inc. and authorize the Chairman to execute it on behalf of the County.

SOURCE OF FUNDS

Account No. 31524338-0331300-06046 (sales tax fund) will fund the project. The preliminary engineering services are not reimbursable through the CDBG grant and the FEMA HMGP grant has not been awarded yet.

ATTACHMENTS.

1. Malcolm Pirnie, Inc. Work Order No. 2-RR- two original copies.

DISTRIBUTION

1. James W. Davis, P.E., Public Works Director 2. County Attorney Office 3. Budget


Indian River Coun

Administration

Budg,ot

Purchasin

rusk M"'• ent

Public Works

Stonnwatef Bnginccring

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WORK ORDER NUMBER' 2-RR PROFESSIONAL ENGIN:EERING SERVICES ·for the

· ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT

This Work Order Number 2-RR Is entered into as of this __ day of -~---~ 2006, pursuant to that certain Ag~ement for Professional Seivioes entered into as of February 21, 2006 ("Agreement"), by and between Indian River County, a,politioal subdivision of the State of Florrda ("COUNTY") and Malcolm Pirnie, l~c. ("CONSULTANT") ..

The COUNTY. has selected the CONSULTANT to periorm the professional servioes·set forth on Attachment 1, attached to this Work ·Order and made part hereof· by this reference. The professional seJVICes will be performed by the CONSULTANT for the fee schedule set forth in Attachment 2, attached to this W~rk Order and made a part hereof by this reference. The CONSULT ANT will pel'form the professional services within the timeframe more particularly set forth iri Attachment 3, attached to this Wor.k Order and made a part. hereof by this. reference, all in acoordance with the terms and provisions set forth in tl:l.e Agreement, Pursµant to paragraph t:4 of the Agreement, nothing contained in any Work Order shall conflict with tl')e 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 hen:iin. ·

IN Wl1NESS WHEREOF, the p1:1,rties hereto have executed thls Work Order as of the date first written above.

By:~<l-4JE;.!..c!jiCk...l£.../..=.='..1::.::..=--

Title~M~~

BOARD OF COUNTY COMMISSION.ER$ OF INOlAN R1VeR COUNTY

By ___________ _

Arthur R. Neuber.ger, Chairman .

Attest: .J.K. Barton, Clerk of Court

By ___________ _

Deputy Clerk

Josep

Ap roved as to fol'IJ.:Ulnd legal sufficiency;

arian E. Fell, Assis nt County Attorney

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ATTACHMENT 1 to WORK ORDER NO. 2-RR PROFESSIONAL ENGINEERING SERVICES for the

ROCKRIDGE' SUBD1VISION SURGE PROTECTION PROJECT

iNTRODUCTiON AND GENERAL OVE:RVJEW OF THE SURGE PROTECTION PROJECT

Indian River County ("COUNTY''} and 0

Malcolm Pirnie, Inc. ("CONSULTANT") have entered into a Master Agreement through which the CONSUL TANT via indMduaf Work · Orders, will prepare a preliminary design report; final design, estimate of probable construction costs, necessary construction drawings and specifications, permitting

. documents, and EJ.ssist with bidding services and construction services for implementation of the stormwater system improvements for the Rockridge Subdivision Surge Protection Project. Through the Work Orders, the CONSULTANT wlff also assist the COUNTYin coordinating with FEMA regarding an anticipated Hazardous Mitigation Grant Program (HMGP) award and with the Florida Department of Community Affairs · (DCA) regarding an existing Community Development Block Grant (CDBG). The CONSULT ANT will also participate in at least one public meeting for the Project.

The purpose of the Surge Protection, Project Is to protect the Rockrldge Subdivision from hurricane storm surges from the Indian River Lagoon. Facilities may include sluice gates and/or flap gates on at least nine different existing stQrm drainage structures (headwalls), an inflatable/tiltirig:weir arrangement at the canal adjacent to 14th Street, and a pump station arrangement with Influent screens as needed at tt:ie car.1als adjacent to 16th Street.. The single pump station location (at 1 sh Street O('l the former post office property and/or Indian Ahter Boulevard, right-of-way) assumes that the current confl~ration of the canals can be modified• to develop a single continuous canal west of the16 Street location. The cu.rrent canal configuration includes a berm that will be considered for open cuttlrig or culvert installation to join the two separate canals and thereby provide for uniform water flow. The COUNTY wm .be responsible for the coordination of actlvfties to accomplish this ·cariaI· joining" work as a separate and distinct activity. It is intended that the pump station influent screens and flow channel be designed so that the influent soreens will be operated continuously to remove trash and debris from the ·canal· water before the water discharges into the Indian ~Iver Lagoon. The project also includes the installation of• Jersey• curb (or other appropriate · design) along Indian River Boulevard to prevent floodwaters from crossing west across the highway below elevation 6:5 NGVD. Worf< wlll also Include coordinatioi:i with the City of Vero Beach and the Florida Department of Transportation, The project limits atong Indian River Boulevard are just south of 12th Street to approximately 20th Street.

Work Order No. 2-RR Is for a Kickoff Meeting and· preparation of a Preliminary · Engineering Report that will confirm the above featur.es or recommend viable alternatives that quaflfy for the above noted funding sources. These items are discussed in more detail below.

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1.0 PROJECT KICKOFF Ml.:ETING

Attend project kickoff meeting with COUN'TY to discuss scope of work, deliverables, schedule and responsibilities. The CONSULTANT will prepare minutes of meeting and distribute. The CONSUL TANT will perform_ a site visit and evaluate the existing conditions for the proposed project area on the eame date as the kickoff meeting.

2.0 PRELIMINARY ENGINEERING DESIGN REPORT

2.1 Review Recommendations

Review technical: reeommendatlons and documentation prepared by the previous consultant assigned to develop and submit the COUNTY's ·grant application.

2.2 Meetings With Permitting Agencies · ·

Attend and document four separate meetings wlttt the required regulatory agencies to develop a mutual understanding of the project scope of work and permit application · needs associated with the project.

2.3 Results of Investigation

Perform stormwater modeling investigation to confirm impact of off-site influence on Rockridge subdivision and immediate area. Determine stormwater area of influence for Rockridge drainage area. -Use rainfall event of 2-inches per hour for 12 hour duration for the stormwater model. Reyiew COUNTY prp:vided 1982 report by RS&H to obtain background data. Obtain and review aerial· photographs for stormwater drainage area. Study will determine critical velocities in canals associated with storm events.

2.4 Preliminary Layout

Prepare preliminary fayout of the stormwatar control features to include the inflatable weir and pump station arrangements. In addition, prepare typical details for installation of the necessary flap and sluice gates on the existing drainage structures (headwalls and pipes), and define the proposed limits ai:id provide design details of the required •:Jersey" curb arrangement within the median of tndian River Boulevard.

2.5 Engineer's Opinion of Probable Construction cost

The CONSULTANT wilt prepare a preRminary Engineer's Opinion- of Probable Construction CQst (EOPCC) for the Project based on the preliminary arrangement of stormwater features. The preliminary EOPCC will be in.eluded in the f'reliminary Design Report.

2,6 Design Rec:ommendations

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Based on the results of the Task 1.0 and 2.0 data collection actMtles, and using the · land survey information performed in Work Order No, 1-RR, the CONSUL TANT will prepare preliminary drawings indicating the stormwater feature arrangements.

The CONSULT ANT will prepare a Preliminary Design Report that presents the preliminary engineering conclusions and recommendations pertaining to the stormwater features required, permit application requirements, and address regulatory agency issues that may affect the p~oject.

Three copies of the Prelimin-ary Design Report will be presented to the COUNTY for review and· comment. The CONSULT ANT will attend one meeting with the COUNTY to

. obtain comments on the Preliminary Design Report: and subsequently revise, finalize and· issue three final· copies of the report incorporating· the COUNTY'S comments.

2,7 Coordination of Topographic: Survey Services

The CONSUL TANT wm provide and coordinate ttie services of a qualified land surveyor to perform any addlj:lonal detailed topographic survey heeded at the proposed pump station location, jersey curb locations, and inflatable weir location, ThEp land surveyor will perform property search activities and also obtain title information pertaining to existing easements and/or·deeded right-of-ways and related pertinent right-of-way maps, maintenance maps, plats, and similar documents. The land surveyor will also coordinate with the COUNTY to establish locations of all (City, COUNTY, em.) existing buried utlllties in the potential locations for the inflatable weir, Jersey curb, and pump station. The CONSULT ANT shall recommend and describe any required easements or rights-of~way.

**END OF ATT':\CHMENT 1*'"

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1,

. ATTACHMENT 2 to WORK ORDER NO. 2-RR PROFESSIONAL ENGINEERING SERVICES.for the

ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT

COiviPEIVSA TiON

The COUNTY agrees to pay and the CONSULTANT agrees to accept, a lump · sum fee $91,440 for services rendered according to Attachme.nt 1 of this WORK

ORDER.

2. PARTIAL PAYMENTS

The COUNTY shall make monthly partial payments to the CONSUL TANT for all authorized work pertaining directly to this project performed during the previous calendar month. Using the form contained herein as Attachment 5, the CONSUL TANT shall submit invoices monthly for services performed. and expenses incurred pursuant to this Work Order during the prior month. · · ·

The CONSULT ANT shall submit duly certified hwolces in duplicate to the Director of the Public Works Department. For lump sum line Items, the amount submitted shaU be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSUL TANT, to the total d1:1e for this phase of the work. For time and material, line items, the amount submitted shall be based on the actual hours worked and expanses im::urred·for the. billing period.

· . The amount of the partial payment d.ue the CONSULTANT for the.work perfQrnie9 to dal:e under these phases shall be an amount calculated in accordance

· with the previous paragraph, tess ten percent (10%) of the invoice amount thus · determined, which shall be withheld by the COUNTY as retainage, and fess previous

payments. Per F.S. 218.74(2):. the COUNTY win pay approved invoices on or before the forty-r.itth day after the COUNTY receives the CONSULT ANT's Invoice.

Per F.S. ·218.74"(2), the ten percent (10%) retainage 11Jithheld.shall be paid in full to the CONSULT ANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director.

' .

· ""END OF ATTACHMENT 2 ..

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A 1TACHMENT 3 to WORK ORDER NO; 2-RR PR.OFESSIONAL ENGINEERING SERVICES for the

RO.CKFUDGE SUBDIVISION SURGE PROTECTION PROJECT

1. . TIME FOR COMPLETION

Time is of the essence for this project. The time allocated for this Work Order is 105 calendar days from the date the County Issues a Notloe-to•Proceed for this Wor-k · Order.

**END OF ATTACHMENT 3••

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Department of General Services

Consent Agenda

'J:z._

Date: May 10, 2006

To:

Thru:

The Honorable Board of County Comniissioners


Thru:

From:

Thomas W. Frame, General Services Director -~ e-e.J, ~

Steve Blum, Project Manage~

Subject: Acceptance of New Proposed Items for Cost Savings for the New County Administration Buildings.

BACKGROUND Change Order #009 contains two cost savings items.

The detail of these items is as follows:

Change Order #009

This Change Order contains 2 new items as follows:

1. EOC Shell Allowance Reconciliation further analysis of the savings for deleting the BOC function from Building 2 has yielded. additional savings. The original GMP shell allowance for the deletion of the above work was ($524,000). Upon re-examination the total credit for this allowance is now ($597,838), an additional savings of ($73,838). The Architect and the Project Manager, Steve Blum, have reviewed and agree with this Change.

This item will not increase GMP but will increase the Owner's Contingency by $73,838. .

2. Modification to Change Order # 008 - this change order was recently approved. Contained in that Change Order under COR #037 it was stated that this COR (Change Order Request) included the following:

"Utilize Duct Wrap in lieu of Duct Board for insulation on Exposed Interior Rectangular Duct. Also, allow for maximum of 8, of flex duct to return air grilles." For a savings of ($21,000)

This was an incorrect statement. Utilization of Duct Wrap in lieu of Duct Board for insulation on Exposed Interior Rectangular Duct created a savings of $21,000 but the savings for the allowance of a maximum of 8'of flex duct to return air grilles was not included. Thls amount is $16,498. The actual savings for both of these items is $37,498,

181

an increase in savings of $16,498 over the amount stated on Change Order #008. Under this Change Order, an additional amount of $16,498 is hereby added to the Owner's Contingency. The Mechanical Engineer, the Architect and the Project Manager, Steve Blum, have reviewed and agree with this Change.

This item will not change the GMP but will increase the Owner's Contingency by $16,498

Approval of this Change Order will not change the GMP but will increase the Owner's Contingency by $90,336.

RECOMMENDATION: Staff recommends that the Board accept the proposed expenses and credits and authorize the County Administrator to execute the appropriate Change Orders which will then result in a increase to the Owner's Contingency in the amount of $90,336.

Approved Agenda. Item.

For: l!hJ- /(,/ tJ.OtJ{I

By:~

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ORIGINAL

Document G701™ - 2001 Change Order PROJECT (Nam, and address):

New County AdministratiQn Building Lying Adjacont to 27th Street, Vero Beach, Fl TO CONTRACTOR (Nome and add.less):

Tumc::t C.Oitstmction Company 800 N. Magnoli• Ayenue Orlando, Florida 32803

CHANGE ORDER NUMBER: 009 DATE: May \6, 2006

ARCHITECl'S PROJECT NUMBER: 2102 CONTRACT DATE: (Amendment j/!},) Angust 23, 2005 CONTRACT FOR: Guaranteed M:wmlIDl Price • Construction M':l'agcmcnt at Risk

OWNER: 181

ARCHITECT: l8I

CONTRACTOR: 181 FIELD: •

OTHER: •

THE CONTRACT IS CHANGED AS FOLLOWS: . . (Include, wher& appllca~U:1 any undispwed amount attributable to pmiously e.ucuted Construction Change Directives) Reference · Dcstription Amount

COR-040 The OMP shcll allowonoc is $524,000. The attaohe<i breakdown sheet reconciles the allowance .. d providea more detliled infonnarlon explaining the ,evised credit amount of $597,838 and increase in savings of $73,838 ($73,838.00)

COR-037 This COR (Change Order RJ,quest) contained in Change Order #008 was approved M•y 2, 2006. and stat~ "Utili1..e duct wrap i11 lieu of duct board for ins1.1lation on' exposed interior rectangular duct.· Also, allow formrudmu:m of 8 feet of flex duct to,return air grilles. (For .a savings of $21,000). The savinsgs should ruivJ been $S7 ,498,00. To cotteet that mor, •n addition"1 savings for tho owner in the •mount of $16,498 needs to be taken, ($16,498.00)

Approv"1 of these Change Items will nJlt change tho GMP but will increase the Owner's Contingeney by $90,336.00

The original Guatan.teed Maximum Price was The net cfumge by provioil,ly authorl:zed Chango Ordm Th• Guaranteed Ma.<imum Price prior to tb.i., Ch•nse Order waa The Guaran"""1 Mlll<imum Price will be decreased by thil Change Order in tho amount of The new.Ouaranto,d Maximum Price including this Change Oriie, w,ll be

The Contract Time will be increased by Zoro ( 0 ) d,ys,

$ $ $ $ $

·33,086,442 (3,844,244) 29,242,198

(0) 29,242,198

Tho d•to of Substantiol Comp.lotion as of tho date of this Chongc Ord,nhcrofore is January 21, 2007

NOTE: This Ch•nge Ordor do .. not include changes in tho Contract Surn, Contract Time or Ouarantoed Maximum Prtco which have boon ,uthorized by Construction Ch,nge l)j,;,eUve until the cost and rlm• h•ve bOCll agreed upon by both the Own"' and Contractor, in whi~h c:itSe a Change Order'is executed to 51,tpcrsi::de the Constl'Uction Otang,: Dix'e,cti,vc.

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

Don,dio & Associates, Architects, P.A. Turner Consttuction Company Indian River County Board of County Commissionel"S

ARCHITECT (Firm nam,) CONTRACTOR (Firm name) OWNER (Firm name)

609 i 7th Streo~ V cro Beach, Florida 800 N, Magnolia Avenue 1840 25th Street, V oro Boaeh,Florida 32960 Orlando, Florida 32803 32960 ADDRESS ADDRESS ADDRESS

BY (Signatµre) BY (Signature) BY (Signan,re)

Anthon~ Donadio Louis Fiore. Jos9?h A. Baird, County Administt•tor (Typed """"') (Typed name) ([yped name)

DATE DATE DATE

AIA OQ1;;i.un"ent G7D1 ™ - 2001. Copyright @ 1979. 1987. 2000 and 2001 by 'i'he Amer!c:ii.n Institute of Architeo\5, All rlgl\1$ fe!llerved. WARNING; Thi5 AIA~ Docul'J\ent Is .protected by U.S. Co!Jyright Law and International TreatJe$. UnautholiJ:ed rtprod1,.1e1lon Qr distribution of this AIA• Ooeument, or any portion of it, may re.:sult ih severe elvU '°"d erlmlnal penalties1 and will be prosec:u1ed tQ the maximum eld:Bht p0$$lble 1,11,cler 1he law. This docvmeiit was producM by AJA softWare at 17:$2:42 on 05/09/2006 under Order No, 1000182296_1 which expires an 8/8/2006, and Is not for resale. User Note:.: (34467595)

Reviewed and Recommended for Approval:

···-·· T", __ _j __ ~......_! ___ .._ __

1

183

Turner Monday, May 1, 2006

Mr. Sieve Bl um Project Manager ln9_ian Riv!!r County Administration Complex 2525· 19th A11enue · Vero Bea,:;h, FL ~2960,

RE: !RC New Admin Building 2625 19th AvJi,nua Vero Beach, Florida 32960 eroject #: 11531 <:;hange ·.Qrde·r, RequBSt Number COR040 Scope Change

OearMr. B.lum, ,

Turner Construction Company 800 North Magnolia Avenue Suite 500 Orlando, FL 32803 phone: 772-564.81~1 fax: 772.564.8143

We have finalized g~thertng all the raquire<J qUpta\ions for PCO No. 041 for the followiAll extra work: EOC Shell Allowance-Reconciliation We have revie\//ed the Subcontraclci_r Proposa.ls (copy attached hereto) and have verified that all ext.ra work Items are in oompliance with our Contract Agreement. The fo.llowing is a detailed itemization ·of-all extra costs:' · · ·

PCONo 041

041

Item No 001

002

Description The GMP ):;OC ~hell allow9nce Is ($524,000) •. The attached·bre1c1kdown sheet.recohciles t~e al!owance and prpVides more de)alled il)l\:>rmation

Amount ($73,838.00) ' .

explaining the '!(ital credit. 9f($!j97,838j, . . ' . Reconcile Eoc shell allowance; tral)Sfer $73,838.00 addiflonal alh;>wance credit iAto the owneno continency ·

Total. Changll to the GMP: $0.00

Contractor Various - see attached

Indian River County

Please 'ret4m one _(1) signed copy of this IC!'tter indiiiating ¥Our authorization to process this Change Order Request which does not qhange our Contra¢ Amount. Following final approval qf the actµal Change Order.by the Board of County Commlssioners,the OWne~s Contingency will l;,e decreattJd•by Zero and 00/100 ($0.Q0). This approval will

. .also alithorlZl!I us to issue Su):lcohtract ,Chang£1 Or~er,,; as,raquir!ld, ·

If you hav~ any questions regarding this Change Order Re9uest, please call me at your earliest .convenience.

Sincerely, -~1 _J 'T: _,/fh. ~J

Mike Doug erty Sr, Proje¢t'!:!ngineer

source of F1,1ndhig: --......,=.-...-------

Recommended By:·~·. Sieve Blum.Project Manage,r

ApproveqBy; · /4µ,4 u.J -~ Tor:i_.Frame,Director ~s

Date: ;; •J •f)C,

cc: COR-040, PCO-041, 'Cost, Purchaslrig,-Accounting, Donadio, Tom Frame

Building the Future 184

Indian River Co!,lnty Administration Complex Indian R_iver County, Florida

Allowance Shell Space at Emergency Operations Center

Report Date: 01 May 2006

Turner

• BP· Summarv Total oar.Sub Quote

GMP ALLOWANCE $524,000

I 03a Concrete ($8,394) z 04 Masonry ($24,075) 3 05.2 Alr,iminum Fabrications ($14,550 4 06 Millwork ($7,406) s· 08 Do.ors, Frames & Hardware • material ($23,016)

~- 08 Doors, Frames & Hardware - installation /$5, 180) '7 08 Glass & Glazing·

' ($4;200)

• 08a Roll Up Counter Door ($985)

• 09 Metal Studs & Drywall . ($50,680' l'O 09a Tile ($21,790'

. JI 09b Aeoustical Celling 1$34,380) . 12 oao VC.T&Carpet ($81,464)

13 09d Painting ($10,088 14 10 Toilet & .Bath Accessories ($11,243 IS 10c Sii;iriage ($2,252 16 10f Access Flooring ($17,048) 17 15a HVAC & Plumbing - Subcontractor ·($29,880) 18 15a HVAC & Plumbing• Turner Logistics . ($47,620) 19 16 Electrical & Communications - Subcontrac;tor ($111,540) zo. 16 Electrical • Turner Logistics ($92,047

.

.. EOC,ALLOWANCE ADJUSTMENT . ($73,838)

185

. '"'' ' :

April 18, 2006

Turner Construction Co. 2625 19th Avenue Vero Beach, FL 32960

Attn: Karen Berg

RE: lllll;IIAN RIVE~ ADMINISTRATIVE COMPLEX SBBCC PROJECT #200S.:206 COP#2

Dear Karen:

(772) 5(l4-8143

Upon discussion With you, the following items WE!Cl! deleted on the September 21, 2005 drawing. Costs for deducting ihes1;1 items are as follows: ·

Delete Antenna Enolo1;ure· Oelet!;>.Fuel Tank Enciosure &,Pad . ~-~)e\itb,:9,ndeii~in~ \ln!(Eric)ose & Pad Oel~te Dish Farin Ericlosure ·

Total Deduct:

($2,100.00) ($2,850.00) ($2,000.00) ($1,000.00)

($t950.00)

Concrete material previously deducted through separate change order.

h . ~-.,· ~i......'""' .... Danny L. .. Headrick . E.xecutive· Vice President

DLH/dsh

Cc: Ron Smith - SBBCC Project File

~441.\) ·~ nntp~~e.·

<'~81394 ~ ·u/\Q, 03o

www.sbballard.com

RECENED APR 2 4 2006

TURNER 2828 Shipps Corner Rd.• Virginia B1;1ach, Virginia 23453 • (757) 440-5595 Fax (757) 451~2873 -0

. ,• ·-· ,. . . . ·.·. . .. ' . ·- . . •' -., ... . ·.· ' ;

6

Ii ,:

i .

S. B_. BAL .ARD Fax:757440?q28 )

. ,S,.B. BALLARD CONSTRUCTION.·

· COMPANY.

Nov1;1mber. ,e, 2005

/Turner Construction Co, 1 2625 191" Avenue

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•. · . '$!!.EIQ!) l',~<;l~Ef'.'!'!1_200'S:20'6 . · ..• · · .. · · . GOFI # 1 ·,.;, Pelet• Dept8$$.ed Slab F1mn

' . . " ~ . Cear Lou:

14:44 · P.01

(77:2) 564-2143

,. ~-- '

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l'enhii'revi· . .;d drawings, deI,1e approxlm!illtly 190 LF of depressed $l,il1 form between 3 ana 5, C to F Linell .rt Building 111;!. Add depr11s&e~ sl$b form eHror.t radius in 6Ulldlng 1'11, approxi!Ylatel)' 19LF.

B!.!Uding #2 -:: D.elele 190 LF @$4.00 ~F ~ aullding #1 , Add 79 LF@ $4.00 LF "

Total C::reditthll COP:

DU·:i/d$h

Co: Ron Smith.- $B8CC F'ro.,ectFile .-

($7\'l0.00) . $311!,QQ

($444.001. ~<=-==-==: ts e..e, y0 N:,iJl ro :';:,

-po.Pf)

FEB 08 2006. . . _ . . W,'/V'l,!!bba!lw1.tcom . . ri li;>l\.11:::R ..

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ll'ltlIAN ll.Tv,lilR CO • l\DMIN!STRATIOJII COll!l/I.lilll: ~ muss,

2755 tBT!i AW, . VERO BCK.,FI,A. 32960

, DtJRGA KllLSr l!ffii 05771II 0577.lC 0!577iti o!Wtn bS77lG 05'7Hl

!407) 210-2soo . PAX• 140~> no~2s20

Scape, Block Wo:i:k·and Concrete Cell-Fill, Rebar Mate.rial ,m.d 21aoemet.1t -~~ Maso~i:y O:llly.

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12,eoo.-001,;-- ",t' "'-7.i r...;

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. ....,..11 blocli: ao.d mortar to be standard grey color. . · 11'l.ock tti be broom 'finished, . . '

2. _ll band Qn 3000 F!!l _pU!llp mi>: with 3/8• '"" rook.

3 . Rebar m,i.t ial .md p)aoemene :l.11 mason:ey on

4. ITE!'IS ·mctw sc&.t:told, ·µiacbirteey, _$ eking,· heisting, o n rein or1> i El"-Sh block .Ii oont~ ~ joi.ttt,

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7,

,.8'

pumpina of cell• l, tailoted to , form & pou:r beam for ~~l:>1ocl1 wai.,;;,c:ct, pressil:>le !:' e:i:s " Ure oiru::tk, oonst:ruotion durJ!li)6te , .

ITEMS NOT :nic:c.llliEi.l, loo eel, wl!llding, rigid rnsulations, ea111k;ing, 'sealants, 'back - dijr, .dllmppraofin$, wat~rooj!ing, pargii.g, flO.Bl)il:\g, l:'eni · ~Y ~aeing, "''-'"'PP~S, enj!:)eda, · ·a.11 .,d!l,:,.o,;ative preo stOX1-e, ~i'!\Wl off load & i.nve:p.toey and stQrl!, pr,;.tect . -lay out ._of ads. •

Install: l!bnow tal t~p;eil in n,s.so • work only, material, orderi:ll.!'t anc;l. <>rage by oth"r,11,. U 'f:i; s ax-e µot on site' · when proj eo/st:arts t;bet_e will. ·b.a a \10iXtr~atge . !:o. !l~stall.

A;l.l for~r~, concrete, and retar fo.r cash ' lace CQ.lldre work by oth,ori;, , · · , ·

. ' . . "

1T in ~esig:nated a.re~ or. dump~ter provtded by oth " " ' ' .

ll l!lxtedor 'block oo. bldge .. ::. & :. fig,;o:'ed to . be ll.i!,lh strensth ):,look,· all inte:i.'iqr Ii 01.!;t bldgs •. , ·retailling wa.l.ls.Ugur~ to be :tegu],a.r strim11th blo06, i;r<a\r lilcb' :aurtir!l,nk on '!i/22/05. · . .

TRIIS.l! lillll!W'IIAL, BY O'mlilRS.'

' '

0000 'J;'l!Rll• 12/20/09

'.

RECE\VED

APR 17 2006 TURIJJSB.

New County Adminlstrati01, ouildlng ' · Veto ijeach, Florida

January 20, 2006

C

14.

15.

16.

17.

18.

19.

20.

21.

. SCOPE OF WORK · · for ,

Sid Package 5.2 - Alumin4m FabriC\l,tions /

. th~ e~icius day, prior to the start of any Work the. next ~ay, and upon eight IJ_o~ioe, the C _ ay p~rfonn the Subc:ontraotor's oJean•Up and deduct all costs fr~lffe Contrai:t _

Proviqe all · rranties and closeout documents per the contract d ~ents: Warranties will oomm-enc~n. the date of Substantial Completion. · · ·

Weekly Toolbox~ m!!lelin. gs are to be held am:,I slglJ minutes are robe submitted · to Turner Projeqt M~n~ne~;, by 3:30 PM every Friday. Minutes are to be signed by all subcontractor employe~ -<ojeot. · / _ · · . · _

If additional work is to be pe5ed that is · ut~lqe of the current scope of work, the s_ubcontractor will fOt'm!!IIY notify ll)er. a . . reo!live a Potential Chang~ Order number , (PCO #) prior to perfonning li!IlY of I rk. Turner wllf, in turn, issue formal direi:rtion .to · plioe 1;1.nd/or proceed with the o~ . Any change order_ requests tbat were not specifically reqµested b~yurner . do n. reference a valid PCO It number will be reJectei;I in their entirety. · · . ·

: .. ' ' ' '

MarkUp on work performe . y subooritraotors sh"II limited to the all'\ount all9wed by the Owner, P!.ll i!l no cas · shall the amount for overhea oeed 10% and the am6U!ll for_ profit exce€!d 10%. / · · . . · .

ii Is !he respbn~ty_ .. of this "11Ubcontraotpr to h!!,ve , qualified . rsonnel available to accompany aruthorities Inspecting the project rE:!latirig to his work. .

All sz.:b.m! ({s to be submitted in compiete packages with_ i:;pecifications ctio~s and parl!lgr mimbers noted ih quantity, format, 11J1d_fo~s as dlreoted byT1.1rri!=lr ..

· · · ract Sum includes all Sales Tax and lnsuran~e. · . · · ·

Th.IS subcq,ntraciqr shall protect existing facilities, siftiQtur®,, adJ!!!ceri~ property and. the pt1bl,i(!. , . Tnis ;subppntrac\or- is solely: responsipte for job: ~iifoty ~ssooia,ed \i!lth lhil; scope

· of W?rk, consttui;:tion procei;lures, ·and damage or injury due to Its aqt or n(!lglect.

EXCLUSIONS None ·· ·

ALTERNATES ~ 0 S', 7,.. 1. Delete aluminum gates at the following !ocations:

a. · Gate for tjish farm enclosure per 1/1-A 1.3

c.

'

(gates for chDler YWd_enclosure shall remain)

Gates for fuel tank and dondenslilg unit enclosures per 2/1-A 1,3 (gales for dumpster and recycle enclosures shall remain) ·

Gate for antenna enclosure per 3/1 ~A 1.S

"Allachm~nt A"

Deduct ($4,383.00)

Deduct ($8,416.00)

Deduct ($1,751.00}

Project 11115S100 · FijQ/CSI //02825 Aluminum Fencing Subcontract Agreement#115S100-037 Sunbelt Metals and Manufacturing, Inc.

TCCoc____

189

).

' (

•

New County Admli,isfyatlon Building Vero ·eeaoh, Fforlda

(

· December 13, 2005

scope oF woru< · for

~ . Bld Package 6- Custom Casewor~ .

. 15:'--'-.. ~~-is the responsibility of this subcontractor to ),ave qua!llled personnel avaH e lo

c.

D.

. · ~i:ompany any authorities inspecting the project relating to his work. .

· 19, AU ~~mt bi!l s. ub~ltted ~- ~!l')Plet~ paok~ges \1/iih. spaojficjiti . sections e~d · paragra~ ~. ~ers noted In quantity, format, and fomis as directe"C! umer. .

20. Contract Sum inc• es alf Sales Tax and lns~hoe. · · ·

21. This subconih.ctor sH;. · rotect, exl$11ng'facmtles., s!ru . e~. adJacei;it Property Md the' public. This stibcoritract . solely responsible for · i\,lfety 81369,C.iated wfth this scope of'!Nork, coni;trua!lon procedu , and dartiage or i rytlUe to Its act or neglect. ·

. ' . .

zi. Efeicttic service for welders wfll not

EXCLUSIONS . . 1. F1:1tnish!rig and ins'tamog blockin!:I a

- !:JY drY\!Vall suboontrac:tor r the a~ohment of lhe custom Cl;!saWork

2.

,s.

4.

I?,

7.

CQstoin cai;awork in the ~ g $paces l,s n~t !nolu. d, jn the SOQPe of \he work. Th_ese. item$ may tJe,added · . ge orperto 1he si:ope of . a.ta late dat'\':: Room,;; 1.J-101, 1.1c102, 1.1•116, 1.1• 1,1-303, 1.1"4-08, 1.1-411, 1,1• 1, 1,2•Q11, 1.2-612, 1.2-613, 1.2-704, 1.2-ros. 1. · sot, 1.2-aos. 2.1-:202, 2.1-sos, 2.1-4 · :i.1-so4, ::l:.1-e2:2 and 2.2-M2. .

Item$ lihowij.' plati in the folloWing spaces ai:e fn\'erpreted I~ "e . wner Furnished .and owner Ins ted·fumiture and are ni:it par:t 9f.thls scope of work: RciQ · . 1.1-201, 1.1-202, 1.1-20$ . ,1~392, 1.1-405i'1-1·407,1,}40ll, 1.;MP6, 2,1-201, 2.1·21~, .140t 2,,-409,

. 2.1.5 , 2.1-.503! 2.Hl01, 2.1-603, 2.1-624, 2.1,1:127 and 2.2·$15. ·

· P · Ito seating at !h$ Co,mmission Chamber - pysea\ing sul;.,~6hWclor.

Glass. raff wltb woo~ cap at tne·Co.mmlssion Chamber..., by ornamental handraU an railin9s subl)6n~ctor. , · , ·

. ' . lgte~or of elevat9r cabs - bY. elevator ~uboontractor,

1ri wan steel bracket, if required, for support of bathroom vanlttl!!S - not shown on drawings, · · ,

Konil Kast o~·alr rail and Koral ~~I ccluml'lS, bases and caplia!s - by Koral Kast ~tlbcontraclor.

ALTERNAtES . • , · . . . , 1, · The S~b~9ntraot .fllnount l~ludes <'!II "."9rk !ndioated , In the Deduct ($1,406.00)

C-ontratrt Documents. It Is e bwher"s intention to tevrse the dOcurrients to sHell the area presendy .indicated as the looatfon I\ ·,· - h ,-...f . .. for•the Emergency bperailons :cenie~ (EOC), alpng with r$lafed J..; , ..._ v<-P inechanical, eliactrical am;! stn,iotl.ired cabling · systems: The following amount represents the value pf 11:le Cuslom Casement

. . .

. .. .

Pr<:>Jeot #11531 oo Flie/CSI #06410 Custom Casework suboontract Agreement #1153100-033 - wood Company

·4.' .. ls Sub ·· TCCo~~~

· Page 6.of 7

<}(;t{..190

r

·'

((

New County Administration Building Yero Beach, Florida ·

SCOPE OF WORK . for

Bid Package 6- Custom 0

.work in the EOC a~a on the 2nd floor of Building Two, includihg Breakro m 2.2-324 and ~estrooms 2.2-328 and 2.2-3 •

j -:

r ,

Project #1153100 File/CS! #06-410-Custom Casework

END OF SCdPE OF WORK

"Attachment A"

subcontract Ag"reement #1153100·033 - Wood Company Page 7of7

Decembsr 13, 2005 .

Sub -'r'/?'" TCCo _--1--f-.....:._

dA-1-191

·· ~C Admin Cmplx E.O.C. chr ·e order amount Page: I of 3, .

Dougherty, Michael J • (e~L)

From: Mark Carpenter ([email protected]

Sent: Wednesday, Februaf:I' 15, 2006 9:48 AM

To: Dougherty, Michael J • (ORL)

Cc: Fiore, Lou - (ORL); ,;Charles Copley"

Sl)bject: RE: !RC Adrnin Cmplx E,O,C. change order amount (further detail)

AODED ATTACHMENTS pear Michael, · . Here is a further detail of the brea~ down of cqst assocli1i'teq wiih the deletion of the E.O.C, area, This should satisfy your request. We need f9r Turner to quickly execute the change order. per our propost!) 5700-R2 as it. has been 3 months since it's been Issued. . · .

Deleted a net 39 leaves of hardware; Deleted a net 38 3-sided HMF and 2 SIL frames: Qeleted a net 39 wood .doors from scope: .· $ : . , tel cost of 1;1ctual credit for E.O.C. area: % · ·state tax: o ' s of actual credit for E.0:,C. area: · ·

AIJowai]ce ta.ken per coo execUt!;! · .0.: Difference between actual and aliowance: 570~-R2)

<$ 9,130.00> <$ 4,558.00> <$ 8.025.00> <$ 2t,713.00>

< 1303 O> -< 23 0113.00> <$ 34,04(}.00>·

$ 11·;024.00 (nE;\t add back to our contract pet propo5ql.

·q~~t~i~7302 was shown bef(')W incorrectly as it does not exi~t, Door# 2.2~301Awas shown below incorr!!>b!IY door# should be 2.2-303A. . . Ei~rrowed Jight 2.2-303·BL-1 was replaced with 2.2-307-BL•1. I highlighted this for you tQ show difl'erehces in the i;l.6cuments only; tl'!!,lre is no cost Impact ft;ir!his item. . , , . , ... , BoiTi;iW!;ld light 2.2-317-BL-2 does exists. sii~ aitached architects'·te~ponse to tilJt.sli,op dra\iilihg i!ent#,12. This frama has been ordered. \-••. :;

~thc/;'rely; · Mark E carpenter .. ,; ' . "

.. Dea~ Michael' The fqllowing infonnation is per your request, in order to rationcife the•'E.O.C. change order amount as it relates to our proposal # /;i700·R2 dated 11-15-05, . ..

Opet1i~gs d.e/eted: . . , . · , . . . . : . . , . . .. 2.f!'.302, 2,a ·.iea BL1 (alum BIL by others), 2.2-3Q3-BL1 (now shown as 2,:?·307BL-1 no cost JJ:npi$ot). 2.2,304, 2.2.sdp, 2.2-30$, 2,2-309, :t~-310A, 2,,2-310B_, 2.2"311A, i.2-311 i3, 2:~-312; 2,2°313A, 2:2-s1as; 2;2-315, 2.2-315:-BL1; 2.2~816A. 2.2.;316B, 2.2-317A. 2.2-317B. 2.2-317-BL1; 2.2-318A, 2.2-311!B, 2.2~319;2.2~32QA; 2,2· 32oi3; 2,2-321A, .2.2-32113, 2.2-322, 2.2-323A; 2.2-323B, 2.2-324,t\, 2.2-3248., 2.2-325A, 2.2-325B, 2.2~327, 2,2• 3213; 2.2,329,'2.2-330A, 2 . .2-3308, 2.2•331A; 2.2--331 B, 2-2~32 ANO 2.2-333. · · . · . .

Openings added: . 2,2· a'Gl1A (2.2-303A) and 2.2-307BL 1 (was 2.2-303BL-1 no cost impact)

.Op¢lnings that.remained: ' . · 2:2;-301A, 2,2·307A, 2.2-307B, 2.2-314A and 2.2-317-Bl2 (see arch_itect response to Item# 12 of AGM shop draytings)

The breakdown of values for the following products for AGM proposal # 5700-R2 are: HW:· $ 4,370.00 HM: $ 2,185.00

192

~C Admin Cinplx E.O.C. ch("·e order amount -. . --- .... r··-~ d ':. . ' • .., ·. , Page 2 6f,3,. -

WD: $ 3.845.Q0 $10,400.00 $ 624.00

SUB: TX: TOT: $11,024.00 ADD BACK TO P.O.

This shall satisfy your requirements as requested.

Sincerely, Mark E. Carpenter

----Origirial ME!Ssage-:---- . _ . From: Dougherty, Michael J - (ORL) (m?ilto:[email protected]] Sent: Thursday, November 17, ?005 2: 10 PM T<1:' [email protected] Cc: Fiore, Lou • (ORL) ,

. S!,!bject: RE: IRc; Admin Cmplx e.o.c. cha·nge order amount

Mark, I need more detailed bac!< up for pricing, i.e:_qetail~d llstin!;J'or door 9penings, P.rlce per ea~h broken down among hollow metal fram!3s, wo9d doors; •hardwafe, etc. Also; separate the l=OC revisio11s from other revisions tnat are impacted, We need this ·ln order to get it approved. Call me if you have any questions. . .

Thanks,

Ml!<e Dougherty

From: Fiore, Lou - ( QRL) Sen~: Tµesday; November 15, 2005 3:16 PM

-To: Dougherty, Michael J - (ORL) _ -$ubjec:t: FWi IRC.Admin Cmplx e:b.c. chE!nge <;irder 9mourit ·

hereitissssssssssssssssssssssssssiss

· I,ow!l Flore Senior J.>roject ;Man.ager Tel: ,772-564-8141, "8142 li'ai :772-564-8143 Cell: 407-4oi-iso4

:, ,. F~in: Mark ca;,,enter trnaiitq:iniirk:c:arpeni:er@l!gmai:irofla.coih) . sent: Tue 11/15/2oos 2:3~ PM • -· · Tot Lail, Thomas·E • (ORL); Fiore, Lou - (ORL) Cc: "Charles Copley" . . Subjed;: IRC Admin Onplx E.O,C, diarige order-arj,ouht

Tom & Louis, . _ . Attached you will find the cost aias9ciated with 1he dele1foD;,oftlie E.O.C. area ~t baild:mg # 2·; _As expected the _ded~ctiv~ al.10,'tii:n:ce: al;I),oixo,t, as sJ:w.wn l:n item E of the TCCO scope ofwork\wd'lis mcluded as part of the '[iulchas'e ordc,;r amount, was :bi!';her thrui file actual ~olit, 'therefore resulting in a net additivo clumge order :mtountto the eo;ntragt Pl"lJ-se·note that we are proceeding with this change order as qooted. Pleaiae fasuo a formal change orde:( to reflect this added cost to our purchase agreement

193

Sin,cerely, Mark E. Cillpenter TEBA.G.MAURO COMPANY OF FLORIDA 1105 SAND POND ROAD LAXSMARY FL32746 . ' . PH# (407) 333-0500_ FX. # ( 407) 333-3066

, .. '. r Page 3 of3.

194

l\lew Co1Jnty Administration Blllldlng V,ero B,;,aeh, Florida

SCOPE OF WORK for

Bid Pllokage B - Doors ;md Hardware lnslallation

5.

s.

7.

8. 9. 10. 11. 12,

March 3, 2008

o. ALTERNATES- (not Included In the contract price}

..

F.

1. The Sybcontract Amo.Lint includes all work' Jhdioate.d In the con.tract Documents with the exceplioli of the -installation ot the <;loors lllld hardW;itr4i! in the·11rea pr8llen!ly iildicate_(j as the looa:tli;,n for the Em0rgency Operations Center (EOC) on the 2•d floi:ir ot Builillng. 2. The following amp4nt represents the vallJe .Pf the Jqst1:1llation of the dO!)l'S and hardwara in · the area of the EOO on the ~ floor bf Building 2, irioJuded in the following .rooms and corridors: 2.2-301, 2.2-302, 2.2-:'!0El, 2.2-!Joa, 2.2-309; 2.2.s1 o;" 2;2-311, 2.~·312, 2.2-313, 2.2,314, 2.2-315, 2.2-316, 2.2-317, 2.2-318, 2.2-319, 2.2~20. 2.2-31?1, 2.2.~. 2.2-:323,

· 2.2-324, 2.2-321:;, 2.2-326, 2.2-327, 2.2-330, 2.2-$31, 2.2-332 and 2.2:333

(\ , · AOD $5, 180.00

~ 03

<.ii, sc1:11:6uLe This Subcontractor acknowledges that the sa · wili proce.e · · de,nqe wilh the Project Schech.il.e ils developed by thil "P ·· . earn" and Its Subcontractors· an vised by the "P(oje!JI Team•. Also, Wt;..$1,1. ntractor ![!grees to participate i~ the requirements of I

~Rll1lof documents. . .

END OF SCOPE 01" WOF!K

"Attachment A" Proj""t J1i~~1•D Fll~CSI /10B200 Doors and Hamware lnst,,Uotion $u~r:0ntrac:t fl,grnement #1153100-047 ~ John _f.lobin!llan II~ Inc::, dba J.R. 'Enlerprlses

F'age4cf 4

lnitlal~ Sub: __

TCCo: __

195

,.

RPR-~S-2006 09: 52 FRl:JM1 TSG INOIJSTR'IES

' !14/18/ 20~6 "9: lG .772564( , . .

Turner

A,p.ri.l 18, 2006

TS<J Industries . 1616 1Mles P, Rodl1;<1!1l Prive V ald!:i$1ll,, GA 31001 ·

A.ti.a: Mr. K.y!e McLeod

1229259e:141l4 TT.l: 77255-'lSi 43 ,,. l'Ll<Nt;/l CONSTRUCT£ .

Ref tndiw.1 B:,ive,r l;::!O\lll,i)" A~tiOD. Comp)e;( Tttimlr fob No.LU41! 00 · · P<:0-041; EOC Credit.

DJi!rru:' M.r. McL!!Od:

The pl.!t'pOse of th!~ let.tu is Jo C<l'~. ~at tit~ value of $4;.ip'o l.s i:;~?t ~ idqrti.fii!ld m yom: . . , aiibl.;i;il;i!J'l'!Qt ~t;it 11,S~ JOP1J~'l1, Sdctfon 'E, 4llo~tjl.lS.' il.i;\4 d!!ii~l.\etl llil; ' ",: r to·s11~!~ ~oc ,'i!Nfl.

,.on 2•a t',loQt ofl;hilld~g ~, d~l:ini the :giari$. li.nCl s~ sll!!!Vibil ~d.~:w-'.~. 1'.bls ~wt ~a~ ~l-' . · dedµcte:4 from J!'d1/1: ~Wi:i11t.t11c1; i/ni,.m.ili; th¢ri;~iill, 1li;l'iidrliti0ili'll'iltlju$!.m,~l!l'to tli1,i ~(!-tit li:\#!:i'lllll: · iini rii~alr!,lt'L •' . . ·. ·. '. · • : .. , · _, · · · · • . , : ··· · ,' · .• · ·: , . ,' ·

Piea~· co-• md 11.PJn'Ovt t'hil al,oye by ~eoµtliig be~w ~~ ~ ~ my 1tttt:Pl10~ at t!.w iibo\l'e .oddrt~ii, , . · ·. . . ·. ··. , · . - · , . . . .

y .. ..., l't'Uly Yout/1 · •. -.:, 'i

. ~Ur<Nmi. C~S!RJ)CTION"CQMl'A.NY

~~~

mi6tim BY TSO lNPUSi:Rms: ·· .. ~·-.lbQ~··

KercnBerg .

Cc: co:rr 1i.le; pe-0"04 !

196

(' ,_,I

1•

New County Admini_stration Suilding Vero Beach, Florida . .

October 1-Z; 2005

SCOPE OF WORK . · for

~ · Roiling Seniice Doors

I, ~ety Enfoiceme~I Fine System . · _ . · .' _ · _ Tbi,~~t ,_ill r~mer's _ effcrts to provide a safe_ workp,!stie, the following vfo/sllaJ'/$ and . penalu~ac1ated With them w,71 be enforced on fhe ptQ}ect. · . .' . /

Non•CQm~n~ _ •oialion ·. · · · ·. · · Pe~~~ 1. Mo hard hat - $1 o-~t tlc~et 2, No aafety glasses 1Q0 Tun,er,Tiol(at 3. Ramove guardrail withou equate replacem.ent . ;soo TµtniirTid!«!t

+ i;lischarge 4. Rerrioye opening proleollon With $1-,_0ci,O"Turher

. . 'lick~t + .dls¢1)arge . 5. Uru;ecured comprassetj gas cyliru:le $1,000 TurnerTioket

6. Open eleotrrcpanels; $1,900Turn11Clioi¢t . 7. No s~ow for s•~z·areiy il'll!I! ons . _ .$1_,000Ttimet'ii!)li~t . a. No ran proteqtfon . _ oo Tu mer Ticket + discharge

ii .. Turner Consltll~i , · mpany h~$ 8 Z0m-Toleran_ oe pq!fcy /?r . . t~µ piateoro_n 'Issues. Th!> first 11m,·!IJ'I employee Is observed "?I using fall Ptoiecu~.n a):! .. · arp1ap.[4 OVllf:.slx fe~!. ~2~1slli, e employee Will be removed· from the prr:r)ijcl Irr ad , ~ti~ forem;in t_na~ ~s removi,d lf Einforcemen/ measures are irQt f1~il1g •nforo!l!d. ·_ N_o ' eptions.

Provid~d rrialnWn. all fall ,prO!ecUon equipment I!" . need.ad, to ,petfoi'lj) this soqp~ i;if __ ~· Subnr:rnltactdfs attenflon 'Is .oalted lo Tumafs· Safety Po(IQli,which ·1s-.-to be slriclly observed an , ·

, . }.!!@TY iri:rl'9ri;ied by -th~ ,su1.1e9ntract6r d~ring the,pejf9rm,i11Cli af·tlie, Wirrk Und~r" this subopntra<:!. - . _

/

All·-pel'Jiio~nel wor.kiQg, al- heights ·of $IX !l;IJ feet. ~nd :aii_o\lEI the ground_ Will be _Hed olf; .!\!Q EXCE:l'TIONS. Suboo_ntr.actors shall design ilnd,:lnsl!III _any tel:f~!i'ed pr ne~j1ssary·f;l]1 proteo~on sysklms, requlred Ill ·acl1ltve 100% f~II pJ1)1eelJon for Subconll'ac!qrS ~otk _lorce

c . exct.ysioi-ls _ ·. _ _ _ · · · . ·._ - . _ ...:. ,..,.,.....,,-...__ 1. · -· 'ln~tallatlon of emti~ds (tt retjulrad) •• l;)y oonorete or masonry subcontractor

' . ' .

. 4i.-' b. A"LiEBNATES .. · J, · . . Del_ate-~oll-up couiJ!itr door I~ .Bull(fing _2 ~2.2•324C' .. Deduot ($985.QO) _

A!.:LOWANC'i!s .. ~ONE ..

. f._ UNfJ"pr-'j' ·es _ NON!;

(3. . SCHEOIJLE . ' ' . . ' This:_subco~\r~cteil' acl<fr<11Vledges e ,aa_id work will proceed_ i!l.J.11$ .... d~noe with th.e.f/roJect•SchedUle a,s d~~l~-p~d.by !he "Pro Jee\ Te,~m• and . HU!/!'onlractclrs l!O~evlse~ bY, 1~!> '.PtoJeo\ T~arn". A),so,:tbls -subcontractor agrees to pilrtlolpate Jn, ,the . reljb~l'lls'" of .toe· ,-schedule· as -ouUlned -rn- the ·eon!raot doc~m~rits. The woik ~f _thls llgr,emE'lnt will ~,:jll_l!elh~!imftlals, shop _draWiijgs; co~rillriatiim drawf ~gs, _1be ~aqu~_nµed in accordance with 'lhj)!fof'!!inentloned schediillr-~ss agreed to ot,fierwls'e by Ille ·ptoJect earn. ...,,,.-- , -. ,,,.,.. . '

. . · ~-~- ENiiOFSCOPEOFWORK . . ~-

------ . . l . ~,

---"Attachment A"

Piojoct411153100 , File/CS! 08331 Rq!Ung Service Ocon; SUbcontract Agr•em.,nt #11531.00-01 B•Am•iioan Rolf.Up Door Company

Page 3 of3

197

·APR-17-2006 t!ON 03:99 P!1 ACQUSTI COCOA

• (~

"ACOUSTI ENGINEi:;FUNG

COMPANY OF FLORll"IA Y."WW'..e~uiii~

ro: ·. Lou Fiore

FAX NO, 321 636 40B7

{ .

DATE: S/10/2000 Submittal: Pages:.S

Turner Const Co. Fax#: 772-5ell-8143

FROM: Doug Capps Ac:ousti Erig\neerlng Co 4~6.Gus Hipp SlVcf. ~ockledg~;F132955

' Phone: 321~42 Fax:. 821-636-4087 Em$!ll: ([email protected]\lm

SUBJECT: 1.Ftc New Admin Bldg RE: EOC Orlginal Credit

' ' '

Lou:

P, 01

198

I I

:'\

New County AdministratC~uilding Vero Beach, Florida

() February 8, 2006

) .,*D. ThEr Subcontract A,nilunt ex,;:ludes the· ceramic. tile. in the area press>11tly indli::ated as, !he location for the Emer-gency Operations Center (E;OQ). The· following amount represents the value of the

, •. qeran,ic wall ?tnd fl.9or tile, in th~ E;.Oc are~ on· th(;! 2"~ floor of ".·' ~.~~il9Jog.'JW¢, }pi.;f;tiding f\'l(:!r{s i:;m,J. Wpmen·s Li:i91<;er ,Rop)Tls 2.2-328

< \t -·· :\ .\"•.= . '.· '.: : /:l'~\,f.;.~~~i/ '.!'.1,;;: ,, i'i/;:~J*:;i""'ri'~ .. rfi.~~:~~~~\lz~:fu.::·:ci. e·~·· H:-'~f-:fi-';··~:.,:-;. ·!:i7~'.;;';f-':;';:.i*

,,~··r, -~"' ~

(i:nange psi c1 thl"\.I 8-5 ffqrrl lnf)ectio(l (5 ½"h) lo Ambassad,or ', (4"1'!) in th';! folio · loc:ati,;ins only, excludihg the ro9m$ in the EOC

arE?a oh the 2nd floor · uilding 2. · · · ' . ·

BLrildihg 1, 1" Fioor - 1.0~001 e ·or side of. stair board enclosure meets fiqorj; 1.1 •1 , ,c:asawork); 1. 1 • 1 o~. 1.1-50,i!

Building' 1, 2~• Floor- 1.2-101; , 05; 1.2-116; 1.2-5 -:--t,2-50~; 1 .2-504; 1.2-505: 1.2-505; . 07; 1.2-508; 1.2-509; 1.2-51'\'.J:,-:t • 511; 1.2-514; 1.2--601; ::S02; 1.2-603; 1.2-609; 1.2-613; 1,2-iO ; 1.2-708; 1.2-709 . .

Building z Fl6c;,r - None

· ding 2,200 Floor-2.2-101

AJI other areas where Johnsonlte Millwork base is spec:ified st,a!i rec.eive standard 4" rubber ccve base .in a color •to be selected b

"Attachment N Project #1153100

I\; ' ., '() • ~.' C.

DEDUCT (~:j1.19S.00)

File/CS I #09311 Cerami.c Tile, Marble Window Stools, Resilient Flooring and Carpet Stlbcontract Agreement #1153.100-041 - Ac:ousti Engiheering Company of Flolida, lric:.

Initials Sub_...;.._

TCCo~--· · Page6of7

' 199

FLEISCHER'S, INC. PAINTING

933 15TH STREET WEST FAL.M BEACH, FL, 33402

TEL,: <San 833-Sl'!e1 • FAX; l561) 833-8etl2

P.81

JI

n :rt : ::: .::. .. .,: : 7 '1'0: TURNER COIIISTRU!:TION

2W!~19TH.AV!NU! Vli!RO lilEAOH, FL •.

ATT:MS.KARE~li!ERG

RE: INDIAN ltlVl!iR COUNTY A/.)MINIITRATIVE COMPW V!;RO. BEACH, FL

TE!I.: 712-50,C..814 f CELI.: 727-647,3883 FAX: 772•~8143 ,

EUMINAflON OP FINIS!:lf.il .j~ !i!UJLDINQ fl •• EQQ!i!O 1:LOOIS, AREA iPUME•i\~~ SERVlCEII

WE ARE PL!;!AS!!!l) TO Sl,IS~IT OU~ F'RO~ PSAL TO FURNISH AU.. NEC!aS.SARV L,A,FilOR, MATERIAi,.. EQUIF'M~T Al\il:) SUF'!RVISION TO eoMPl.5TE i'HE FOLLOWING SCOl!l'I!: OF WOF\K AT THE: ABOVe FU!FEREN050 PIWJ!i!Cf IN ACOOROANCI!! WITH YOU" INSTRUOTIONS,

IQOPE PE WQS1<1 .

' . !~:1~;1~~=~~~1~:R~:: :~~:i~~:~!o~i~~::,::~:?e~~i~:PACE· · pi!F! DAA\IVIIIIGG ~•A1.2.1 ANO 2•A1.2.2, FlEVISION :., DATEiJOll/21/05. , .

~!28 .:j:He C/lffi121I,i!.!M,9f'; ··

~] FiLEASE C9NTACT Ml:! POR ANY ADDITIONAL tNf"Ofltil,\A TION YOU MAY REQUIRE,

FIE!7JARO$,

THOMAS M, BASSETT

RECEIVED

APR 2 6 200& TURNER 200

Aprii 25, 2006.

seoell 9F WQR.K; . . . . • EL.I_Mlll/ATION OF PAINTING WORK ASSOCIATED W'JTH THE BUILDING #2, Sl!!CONO FLOOR,

AREA 300 eME.RCllENCY SERVICES SPACE WHICH SHAL.L NOW ae CONSIOEREO "SHELL Sl"ACE:"

~psmworJs: Part!!lons, P11!ntatt PsrtHlons, Zolotone Pal1itlort1, Wallcovering Cel!lngs, l'alntild Ooor Frames; Single t:>oor Ft\iime,, Double

~ J.!ttlt 33'48 Sf 45& Sf

12&~ 81 748 Sf

3"4 Ee : 50 E!11

P.02

201

fw-aS'il

New Counly Administration Building Vero Beach,' Flo".ida

SCOPE OF WORK , for . .

Sid Package& 10 -Tolle! Compa'1roents & Toilet Accessories 1 Ob - Flagpoles · .

10d,.. Fire Extlnguiiilliers and Gabinets

c. EXCLUSIONS . . 1. hi .wall biooking- oy metal stud and V/811 bqatd s,uboontraotor

March 6, 2006

2. · Fire blankets and associated cabinets - not included in the GMP.

,..,....~o:. -;:~;i-.. ~ .. ;>i;;.J~.:¼~./.;,;,~.;,~.._...._ _______ ~:.----------------~- ·_·•.,, ·---

E.

F.

G.

ALLOWANCES NOI\IE:

UNIT PRICES NONE

SOHEOULE . . . . . This suboonb;lolor acknowledges that t~e said work vyill •prooeed in accord\l!'lce wlih lhe ~roJeot Schedule .as developed by' the ~Project. Team~ and its ·Sulfoontraotora and as revised by' .the '.Rroje;::t 'ream". Ali;Q, this ~ubooritracior agraes to P!lrtioipala in .the requll11)/ilenis ortlie $9hedu[e as oi.Jlliriep in th.; aontr~~ documents. The work 01 this aQreui'11Je11t wm reiJ\Jire tli!\t submittal~. sJ,bp drawings, obol'tfih!)tion drawings, bi:I .ssqil~nood in ailoordanoe with tJ\e aforamerilioned scheduletmle!l!l a1;1rs.sd to b!h13rwisl\! Wthe proJ$ot ta~.

END OF SCOPE OF-WOAK

•Atta0hmen1 A"

· Projact#1153100 . F:ife/CSf 10000 _ToUat Compartments & 'iol!et Acc.es!Scrie.s:1 Fl'agpcles, Ffre ExtitiSUishl:!rs e;nd C~blnero SUbconlracl A!ifremont #11 oS100•D_46A - Rolung Oak Supply, Inc..

P•ge5of5 202

c.

. D.

New County Admioistretlon Building Vero Beach, Florida

SCOPI: OF WORK for

Bid Package 10c-·Slgnage

( 0.

February 6, 2008

14. · W~kly Toolbox Sefety ~eeffngs are to _be held and sl'1ned fllinutes· are to be submiti£d to Turner Project Manag,errient by 3:30 PM ever; Friday. Minute,;; are lo be. Si!;lJ:lE!il by all subcontrectoremployees on project. . /

" di:lilional .work is io be performed that I$ oulsic!e of the! curren.1:,$~ of wo;k, !he su tract.or wm formally notify Turner an!f re~ive e Poteri,llal Ch:11r!l!fe Order ~umber (PCO #) prior . erfurming any of the wcrk, Turner will, in tum, is l11i formal dlre,cUo'n to price

. and/or proce ilh. fh!l. change: . Arry change order re · sis !hal. were no! s,pecmcally · regui;,sted by· _Tu or• do not ·reference a valld PC number will be rejected In their entlrely. •

16 MarkUp· on work 'performed~ owrier, but In no CSS<! shall !he a exceai:110%. · ·

17. II ls !he responsibility of lnis '!'Uboon · oior aye quallHed personnel available fo accomp.any any authormes inspecting the p • ct relating tci work.. .

11;!. All submit,ll!ls !0 be sub' d ln l:Qmple!~ pack · s Willi spe•ifii::a!lbns sections ani;! paragraph numbers no quanUty, format, and form,i a.

19 _ContiacfSum ind:!

20. This subcont tor snail protect existing facilities, stru<;Wres, adj(!lo,m per!y and the public This silbc ac)or ls solely . respoMible for Job safely assoclate-d. With cons!ru6tion·prodedures, and damage or Injury due to It!! .act.or neglect.

Tl'a!ll~ signs as indicated on the civil dl1!lwings (slop, handloapped parking, et.o.)- by Silewo Subcontractor ·

Coi:itilY logq~ i;el Iii the floor tile in the ~in lobbies or'Buildlng 1' and Building 2 - by pen;mic ile Si.ibcontlactor ·

At Tl!!RlliAJ;;ES. . . · 1. · Add all sig'nage idenllffed In ll)e Bli:1 Documents daied 06/08/05 as: ADD$2,252.00

modified by Addeniiurn No. 1 dated 08,;29/05 fbr' ·llie aiea . of the Emergency Operations Center on the second floor of Building 2 .

. ~~LOWANCES.. . . .

F. -~~. . .

~·1oc..

·.N~~ .. ~ G. . SCHEDULE. ._,.--· .

Thls"•:·:iub,i:ontr;iclor ljic~nowledg~ Iii sajd work wUI ~~ccordahce ~th the Project · Sclietiii_l, as ·ctevetoped by lhe "PmJe,:t Tea,. •. · i!s-S(iocontractor,;, ani:I as =ised by the "Project

Team•,; Aliio, !hi$ sliooonlraclor agreEl!l,: · · cip~ R e •requirements of the schedwle as ouUlned ir{the co~ira,;:t documente .. Tb!/-'W~ of tliis agreement w .. uire that;Eiubmlttal$,,sntip drewiogs, c:ooi'Q]ri,i/"~¢,i' di'awlnst..b"',seciltencad in accordance with the afore . Ii 'neo sohec!LII,> unless agreed fo_olherw1se b)f reject team.

E:illD OF SCOPE OF WORK

. Project #1153:100 . FHe/CSf #10441 ldenfrfylng Devices SubciontractAgreement #1153100•040 - Images Graphic Specla!Ues, Inc.

· · Page4 of4

"Attachment A"

203

( ( Pc.o ~ cp-f. I

E.

New Cot,tnty·Administratlon Bultdlng January 16, 2006 Vero Beach, Florida ·

13.

14.

16.

17.

18.

19.

20.

21.

$COPE OF WORK for

Bid Package 10f :-Access l'looring

·Special efforts w!II: be required of each subi:iontractor and his subcontractors to controJ,, the daHy clean•\!P and rem~al of const11.1c!ion debri&. Eaoh Subcon!r;ictor shall proi;ide daily orean-µp of all debris resulting from l:he. Work of !his si;opa of work (includin . uni::h lras~. boxes, crates, paltets, water, undeslgnatad·Subcontrs1cl:or debris and im ing and mopping as 'requtred) io a designated area· and/or _OQlltainer provided by 'T \ilr; Clean-

. shall take place oontinuousl)' througho~t eac~· day. All are.as wllf bl},, e!itneid up, not o . daily put as needed throughbut the day, a. d.eetn\3d ~ssary . by Tume~s sup ~ teindents or deslgilated representatives,· Should ffie ·Subcoiraotor fail lo clean-up !he pr us day, prior to. the start 0f. any Wont the riext_ day, ii · upon eight hour notice, !ht CM m · ertorm th.I;! Subpon!ragf9(s. o!~n~!.!p_arid. d · . ..frot)l !he .Corrtraol

Provide ell wa · ties and closeout d0011ments, per the on!ract documentll. Wairrantles wi1I commence _on e date of Substantial Completion ·

Weekly Toolbox ·safely eetll'lgs ,are to be held to Tomer Project Manage nt by 3:30 PM ev subcbnlractor employees on jeot.

nd-.slghed minutes are·to be submitted Friday, Minutes sre' to be signed by ell

If addltlonal work Js to be perfo . d . at j~ ouiside oi ihe gurrent scope of work, lhe ~ubwntraotor wiil formally notify Tu· r and receive a Potehttal Ghange Order number (PCO #) prlqr to performln~ ariy . e rk. Turner Will, in \ur111 issue. forn,at. direction to prtce .and/or -proceed with th 9h,ange, · y change oh:ier t!;>.quests lliat were not speplficarry reqU8$1ed by Ta er or do hot erence a vand POO ff number will 'be , reJected in their entirety. · ·

Ma(kup on wo~ pei'fo · ed by subcon~ctora.shsill.b imi,le~ to.the 13mouht allowed by the _Owner, but 1n · · ·~ shall the amount for oyerhead · ed 10% and the amqunt for profit exceed 10'¼ · · ·

It , I~ the res on1libility of thi~ ·subcor\tractor to h!l\'.e gtiai)fle ' efl_lorm1;>I. available to · acqcimpan any 1;1uthorities Inspecting th~ projec;t telaflng to his wi;,r •

All su .. !ttals to pe submltie~ · in complete p,icka(:Jes with spe_cffi~atiQ . par . 11ph ri4mbers noted i,n quantity, form ii~ and fQr/i,s as clirecteif by Tu

. '

ontraot Sum includes 1311 Sales Tax an1flnsuranc;,e.

Thl~ supcontra¢tor shail pr'oteci e.xlsling facilities, slruclu,re$,' adjacent· property a(ld th11 pu6!1o. ·This su!)con!taotor Is sorely responsl!ile fpr jol?: s~/'!!t}' assoc!Elted with this soope pf work, constn,iotion procedures, and damage or injury du · . its aot or negleol

EXCLUSIONS 1, : , ·.··p".rforati;d airflow panels.

1.:re~NAies . ~ \t)f'. 1.. "Add the acoe!;S fl®ring for vyork ·Room 2.2-317. including ADD $17,048.00

o 2 standard oa ac:I PVD Servlcenters.

P;ojeci#1153100 · File/CS! i't-10270 Access Flooring·

. "AttachmentA"

Subcontract Ag~eement #1153100-035 - Irvine Aoaess Floors, Inc. Page4 of 5

204

• (· .

EOG Deduct February· 6, .2006

I

Lou Fiore ' Turn~r Constn.!ction -aqq Noitl') Magnolia Ave. Suite 150

Orl_ando, FL 32803 . ·

. . Re: Indian River Adrriirtistr(;ltion Ci;>mplex

Vero Beacn, FL

.Mr. Fiore

Plea~e find below the breakdown for the Em$tgency Ope1ratidns Ce_ilter.

Ph)mbipg- Delete (21) :eh,m;i_!?ing fixtures t;1mf the S$SOCiat(;ld pipe, valves anµ fittings~ Deduct$1~ 3 · , _ . . l:JVAc., Pel~te (73) pie~$' of lilir disf.t;ibi.rflon ~nd the as~ociateq ductliy9tk, msu1at19n, alttl c:Jocf a~sories. Det11fot $ ~ · ··· ' , ' .

fbta1.ped~ct$ 2~ ~. : i

fyliles J. Silns Chief Estiriiator

205

·' ,:,· .,.),•·. ·.

MILLER ELECTRIC ·COMPANY

November 17, 2005

·Turner Construction Company. 800 North Magnolia Ave .. Orland, FL 32803

AT1N: Tom Lail

RE: New County Administration Bttjldings PCO-?

COR-003

:.as l RO'"""-'-" ST. (32204) ?.O. Box 1799

JAC'JC5i0NVll..lJ!, FL 32201 M4.388.8000

FN< 904.3$9.8653

Tom, We request that a change o:tdei: be isstied for additional wi:',~k associated with the above

referenced project. · ·

. Description . . · . . . Scope 9haj;ges associated witb. l;i.¢'W.9/21/05 ''Fo~ p9:nstructi~n''.;~~'lyjng revisions. An putline of ti:!-¢.$~ cl;J.anges is as follows: · · ·· · ·

. chliler Building . . . . . . 1.) :Drawing 0-El.;2, Peii$,i tb.e Dish ~arm. , ......... , ...... , ...................... <$4,$71.00>

' . ' "

!'lease provide a_ written c~ge order as soon as possible .. Vf.r. c~ P.Qf ptoceed ':"'iih the additional work associated with this change order request with.out written .i,\ltl,l.oi:itation.

~\ E:C-0000011 CG·C04755j;i

RECEIVED

NOV 30 2005 TIIRNFR 206

~-. ( (

Hyou have any questions or require further information, please do not hesitate to contact us.

Sincerely, Miller Electric Company

penny Project Mimager cc: Lou Fiore, Ed Witt Jr.

207

• !"·' ( (

Indian River County Administration Complex

Scope ofWotk Clarifications

Our proposal includes the following:

-Deletion of fixture as noted

Addition of A/V conduits, boxes and cable tray

-Deletion of devices as noted

-Deletion of panels and gear i!iS noted.

-Deletion qffeeders and branch as noted.

-Deletion of Fire Alarm conduits, devices and wiring as noted.

-Deletion of Security conduits as noted.

208

(

Karen, See below for EOC crE'!dits from TL.

From: Lail, Thomas E - {ORL) Sent: Friday, October 28, 2005 3:36 PM

· To: Fiore, Lou - (ORL) Cc: Shue, Michael - (ORL); Turner, Scott - (ORL) Subject: FW: IRC -Turner Logistics .Revised sub-Recording Sheets

Lou:

( '-

Page 1 ofl

Attached are the estimating scope sheet~ for the final d'!lals with Turner Logistics for the Mechanical and HVAC Equipment and the Emergency Gen'!lrators. Toe buy amounts from Turner Logistics are based on the Final Construction Documents. The Purchase Orders should be drafted today and will be signed in the next few days.

The summary of the pricing is as follows:

GMP/E&A TL PO Amount EOC Credit Per Final Buy

~ IS"'il Mechanical & HVAC Equipment $900,527 Mech & HVAC Equip EOC Credit ($ .47,400) ($ 47,620) Net Mech & HVAC Equip Amt $853,127 $852,907

· Emergency Generators $270,831 ~ l \,.? Emergency Gen EOC Credit ($91,880) ($ 92,047) Net Emergency Gen.erator Amt $178,951 $178,784

Please update the EOC·Credit summary spreadsheet with this information.

Turner Logistics Is going to release the vendors to commence with shop drawings and submittal~ and wUI advise shc,irtlY of the expected dates when these will be received.

Tom Lail

209

c· (

SimpfexGrinne/1 ~qca Fire&

3 70 1 N. John Young Parkway Suite 110

Security

SimplexGrinne/J

To: · Turner Construction

Attn: Lou Fiore

From: Bill Kimmen

Re: Indian River Admin Bldg. 2 I\OC Change

Orlando, Fl 32804

Phone407-235-1135 Fax407-235-1150

13 Dec. 2005

I ha:ve had a chance to review.the 100% design drawings that incor,poratEis the changes in fue sprinkler.to shell_the EOG 'area. Your _statement of work; provides for an allowance of $7.640.00 for this change and has been-d&iucted from the original contract price .. Though the -shell of this area may account for cost savings in other trades it actually remi;tlns the same for the fii;e sprinkli;ir system .. The total number .of SJ?l::illl!,'.ler heads remains the same in

. the revised BOC area. They have changed from pendant heads to -upright heads. I am rE:'questing $7,640.00 be added back into the contract.

'.fhe new contract amo~t $hquld"be $366,640.00.

Thank:You,

Original sigt?.ed

William Kimmen Sprinkler Systems Sales Rep. . $im·p1exGrinnell

[email protected] ' . .

210

I


MEMORANDUM

TO: Joseph A Baird; County Administrator

FROM:

DATE:

PAR MENT HEAD CONCURRENCE:

Robert M. Keating, AICP;

Stan Bolin~CP Planning Director

May 9, 2006

PUBLIC HEARING LDR AMENDMENT

LEGISLATIVE

SUBJECT: Consideration of Proposed Amendments· to the Multi-Family Zoning District Requirements of LDR Section 911.08

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 16, 2006.

BACKGROUND

On September 6, 20051the Board of County Commissioners (BCC) adopted a set ofLDR amendments

initiated by the BCC at the request of the Growth Awareness Committee (GAC). The amendments affect new single-family projects and set forth new requirements for buffers, common green spaces, swales, sidewalks, and other aesthetic improvements. Recently, the GAC developed LDR amendments that would establish similar requirements for most multi-family projects. At its meeting ofFebruary 14, 2006, · the BCC unanimously approved a request from the GAC to formally process the proposed amendments affecting multi-family projects.

Based on the BCC' s action, staff prepared a formal LDR amendment from the GAC recommendations, and is now processing that amendment.

• PSAC Action:

At its meeting of March 16, 2006, the Professional Services Advisory Committee (PSAC) voted 7 °3 to recommend that the BCC adopt the proposed amendment.

• PZC Action:

At its meeting of April 13, 2006, the Planning and Zoning Commission (PZC) considered the proposal structured by staff and voted 6-0 to recommend that the Board of County Commissioners approve the proposed amendment with changes (see attachment #3). The changes recommended by the PZC have been incorporated into the proposed ordinance (see attachment #1). ·

_ F:\Comrnunity Development\Users\CurDev\BCC\2.006 BCC\proposed amendment to I.DR 91 l.08.1tf

ANALYSIS

Prior to the Board's review of the recent GAC request, which included a copy of recommended amendment wording, the GAC coordinated with planning staff for its review and comments. Thus, planning staff had input into the proposal presented to the BCC on February 14th. The proposal is drafted to essentially parallel the single-family requirements enacted last September, and to increase existing buffer requirements for new multi-family development except for small projects (3 units or less). As proposed, most of the requirements would apply only to multi-family projects having more than 3 units.

The proposed requirements would require the following in new multi-family projects:

1. Sidewalks along project internal streets and street frontage.

2. Curbing or other approved barriers installed between sidewalks and adjacent interior roadways and parking areas.

3. At least 7.5% of the total project area set aside in common green space and/or recreation space. ·

4. Centralized stonnwater management systems (no street-side swales).

5. Internal pedestrian systems that connect units to the off-site public sidewalk/pedestrian system.

In staffs opinion, establishing such requirements for new multi-family projects over 3 units is logical, given that similar requirements are now applied to conventional single-family developments. In staff's opinion, applying these requirements to multi-family projects should not reduce project density due to the flexibility of conventional multi-family design.·

RECOMMENDATION:

Staff recommends that the Board of County Commissioners adopt the proposed LDR Amendments to the multi-family zoning district:

ATTACHMENTS:

1. Proposed Amendments to LDR Section 911.08 2. Excerpts from the March 16, 2006 PSAC Minutes 3. Excerpts from the April 13, 2006 PZC Minutes 4. Multi-Family Roadway Buffers 926.09(1)(h) 5. Type A, B, and C Buffers (from 926)

Indian River Co, Approved Date

APPROVED AGENOA ITEM: Admin.

FOR:-,e..-¥.J.,-4,,-..µ,.!:..,....===--Legal

Budget BY:

Dept.

Risk Mgr.

F:\Community Dcvelopmc:nt\Usen>\CurDev\BCC\2006 BCaproposcd amendment to LOR 9-I 1.08.rtf

OF.DINANCE 2006-__

AN OF.DINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY AMENDING REQUIRED IMPROVEMENTS SECTION 911.08(6), BY AMENDING REQUIRED BUFFER YARDS SECTION 911.08(8), BY .PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOAF.D OF COUNTY COMJl.1ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOP:MENT REGULATIONS (LDRS) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS:

SECTION#l:

The multi-family zoning district regulation sections 911,08(6), and 911.08(8) are hereby amended to read as follows:

( 6) Required improvements. All future subclivisioi:is and site plans for development in multiple~ family districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County and . the State of Florida. ·

District RM-3 RM-4 RM-6 RM-8 RM-10

Bikeways X X X X X Sidewalks X X X X X

Streetlights X X X X X

Curbs X X X X X

Green Snace/ Recreation Snace X X X X X Storm Water Mana0 ement X X X X X Dedication of Ri 0 hts-of-Wav X X X X X

A. Bikeways. The project developer shall be responsible for providing a bikeway(s) along the project site's frontage on all rights-of-way or easements if such bikeway facilij;y is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. ·

B. Sidewalks: The project developer shall be responsible for l!roviding a sidewa!k(s) along the l!i-oject site's frontage on all rights-of-way (existing or created via the l!roject l!lat) and/or street easements (existing or created via the l!roject plat}if snch sidewalk facilij:y is designated in the Indian River Counj:y Coml!rebensive Bikeway and Sidewalk Plan or required in the site's applicable zoning district. Five-foot wide sidewalks shall also be required on both sides of all interior streets within rights-of-way and/or easements { existing or created via the project plat). A minimum 6 (six} foot strip of irrigated. approved ground cover or sodded landscape area shall be provided between the curb and the sidewalk with canopy trees provided every 50'.

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ATTACHMENT 21-,3

ORDINANCE 2006-__

*C. Curbs: Curbing, or other barrier approved by the County Engineer, is required to be installed between all sidewalks and adjacent interior roadways and parking areas.

*D. Green Space and/or Recreation Space: All multi-family developments must set aside a minimum of 7.5% of the total project site area as dedicated to green space and/or recreation space. Upland preserve and wetland areas may be ·credited toward this requirement. Recreation tracts shall be located, designed, constructed. maintained and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent·or nearby developments, For purposes of this regulation. "recreation space" may include recreational facilities· and amenities such as parks, ball courts. and pools. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized. located, and designed to function as a, project amenity such as a park, conservation area, open air recreation facility, or other similar type of amenity.

1. Recreation tracts located within one hundred twenty-five (125} feet of the boundary of the development shall be either:

a. Designated on a final plat, or other document recorded in the public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts.

b. Buffered from adjacent development boundaries with a minimum twenty-five (25) foot wide, Type B (or better) buffer with a six (6) foot opaque feature (see Chapter 926}.

2. Any and all lighting used within recreation tracts shall be approved by the County and shall be adequately shielded to prevent . lighting or glare from encroaching on to properties adjacent to or nearby the development.

*E. Stormwater Management: Open swales along the sides of internal project streets are not· permitted. A sto,rmwater management system shall be constructed in accordance with the requirements of Chapter 930, Stormwater shall be retained in a lake for all multifamily developments._Drainage swales shall be permitted only for conveyance purposes and not for capacity calculations. Dry detention may be used only in circumstances where retention in a lake conflicts with the aquifer recharge criter,ia, where existing trees and vegetation can be preserved in and around a dry detention area, or where approved by the Public Works Director if warranted by soils or other site characteristics in accordance with Chapter 930 provisions and regulations.

*F. Dedication of Rights-of-Way: All right-of-way areas set aside for future roadway improvements shall be landscaped. and irrigated to the edge of the paved roadway by the developer and/or Homeowner's Associations. Maintenance of the right-of-way areas shall be the responsibility of the developer and/or Homeowner's Association.

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ORDINANCE 2006-__

*G. Internal· Pedestrian Systems: Within projects an internal pedestrian system shall be proyided which connects to the off-site pnblic sidewalk/pedestrian system. The internal system shall provide five-foot wide sidewalks, or other surface approved by the County Engineer, which serve each unit and internal recreation and amenity area. ·

*NOTE: The requirements of items c, D, E, F, and G shall not apply to legally established individual lots and parcels of record npon which no more than three residential units are proposed.

(8) Required buffer yards: \!/here a multi family '.ilfe:i eet in theRM 6, ru,4 8 er ru.1 10 e.istriet di!'eotly ad.jams a smglo Bl:lrlily 2,oaiag a.isEf!iet, baffer ya;;e!s shall be f)ffl~rided a!eag tiie bouadary eetweeB. the l!!'fa!:tifmily pi;ejeet a;ad tll:e smgte-fa.nily 2efill!:g tlistriet. Applications for singlefamily subdivision projects in the RM-3. RM-4, RM-6, RM-8, and RM-10 districts shall satisfy the buffer yard requirements of section 911.07(8). Applications for multi-family development projects shall provide for 25' Type B (or better) buffer tracts around project perimeters. The following exceptions shall apply.

a. Multi•family developments of 10 acres or less shall provide a 25' Type B (or , better) perimeter buffer, in a buffer tract, along all external roads · and all

abutting properties that are not zoned multi-family zoning. No buffer is required where one multi-family ·development abut!! another multi-family development or multi-family district.

' 1. Multi-family developments of three residential units or less on legally

established lots and parcels of record shall provide a Type C buffer along perimeters that .abut property not zoned multi-family residential. Along perimeters that abut roadways, the multi-family roadway buffer requirements of 926.09(1)(b) shall apply. ·

b. Multi-family developments jn excess of ten (10} acres shall provide a 25' B (or better) perimeter buffer along external roads and abutting :properties not zoned multi-family. In situations where one multi-family development abuts another multi-family development or multi-family district, a 25' Type B <or better) buffer shall be provided. A fifteen-foot (15'} native vegetation buffer, having a planting density equivalent to a Type B buffer and approved in writing by Environmental Planning for site suitability, plantings plan, and maintenance glan, may be substituted for a 25' Type B buffer along the boundary that abuts multi-family zoning or development. In addition. in order to qualify for the native buffer substitution, the project's required green space/recreation space must be increased from 7.5% to 10% of the total proiect site area.

Buffer yards are required aloag fe!lftside pfepert:,· lines along project perimeters as described above, measured at right angles to lot lines, as ful:low.s:. Where a type B (or better) buffer is required, a 6' opaque shall be required as part of the buffer.

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}.1:ultii'a,eHly Distriet RM--e

ORDINANCE 2006-~-

. ,..., .... - .... -.,.;:-

,..., "" - -- - . "l""I ... - .....

c. Wall Variation. Subdivision ordinance section 913.09(9)(c), design reguirements for walls along roadways, shall apply in .multi-family projects where walls are proposed along roadways.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 33, 2-27-91; Ord. No. 91-48, § 17, 12-4-91; Ord. No. 92-39, § 12, 9-29-92; Ord. No._ 93-8 §§ 2, 12, 24, 3-18-93; Ord. No. 93-29, § SB, 9-7-93; Ord. No. 94-1, §§ 2D, 4C, 6C, 1-5-94; Ord. No. 94-25, §§ 8, 22, 8-31-94; Ord. No. 96-5, § l(C), 2-27-96; Ord. No. 97-16, § 3(3), 5-6-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2000-004, § 2C, 2-15-00; Ord. No. 2000-038, § lB, 11-21-00; Ord. No. 2002-016, § IC, 4-2-02; Ord. No. 2002-031, § IC, 11-12-02)

SECTION #2: SEVERABILITY.

If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein.

SECTION #3: REPEAL OF CONFLICTING ORDINANCES.

The provisions of any other Indian River County ordinance fuat are inconsistent or m·con:flict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of )his Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. ·

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ORDINANCE 2006· __

SECTION #5: EFFECTIVE DATE,

This Ordinance shall take effect immediately upon filing with- the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this __ day of ____ __, 2006.

This ordinance was advertised in the Press-Journal on the ___ day of 2006, for a public hearing to be_ held on the ___ day of 2006, at which time it was moved for adoption by Commissioner , seconded by Commissioner ________ __, and adopted by the following vote:

Chairman Arthur R. Neuberger

Vice Chairman Gary C. Wheeler

Commissioner Sandra L. Bowden

Commissioner Thomas S. Lowther

Commissioner Wesley S. Davis

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: Arthur R. Neuberger, Chairman

ATTESTBY: _______ _ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: ______ _


William.G. Collins II, County Attorney

APPROVED AS TO PLANNING MATTERS

evelopment Director

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5

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ATTACHMEN'l 1 · 71

PROFESSIONAL SERVICES ADVISORY COMMITTEE

There was a meeting of the Professional Services Advisory Committee (PSAC) on Thursday, March 16, 2006 at 12: 15 p.m. in the First Floor Conference Room "A" of the County Administration Building, 1840 25th Street, Vero Beach, Florida.· . .

Present were Chairman Rodney Paradise, Real Estate Broker Appointee; Vice Chairman Warren Dill (arrived at 12:18 p.m.), Law Appointee; Peter Robinson, Development Appointee; Ken Grudens (arrived at 12:22 p.m.), Environmental Issues Appointee; Peter Robinson, Development Appointee; John Blum (arrived· at 12:25 p.m.), Civil Engineer Appointee; Alan Schommer, General Contractor Appointee; George Kulczycki, Forester, Biologist, Botanist, Horticulturalist, or Arborist Appointee; Robert Brackett (arrived at 12:26 p.m.), Finance and Business Appointee; Stephen Moler, Engineer Appointee; and Robert M. Poore, Jr., Finance and Business Appointee Alternate.

Absent were Todd Smith, Engineer Appointee; Robert Gaskill, Architect Appointee; (both excused) ..

Also present were IRC staff: Stan Boling, Planning Director; Bob Keating, Community Development Director; and Darcy Vasilas, Staff Assistant IV. Others present: Joseph Paladin, Growth Awareness Committee president.

Call To Order

Chairman Paradise called the meeting to order.

Approval of Minutes of the January 19, 2006 Meeting

ON MOTION BY Mr. Robinson, SECONDED BY Mr. Mohler, the members voted unanimously (6-0) to approve the January 19, 2006 minutes, as submitted.

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M.irch 16, 2006

ATTACHlvU!Nl'.! 1 fl

Old Business

None.

New Business

A. Consideration of Proposed Amendments to the MultiFamily Zoning District Requirements of Land Development Regulations (LOR) Section 911.08 ·

Mr. Boling outlined his memorandum included in the agenda packet, a copy of which is on file in the Commission Office. He listed the proposed requirements in new multi-family projects as follows: ·

• Sidewalks along project internal streets and street frontage.

• Curbing or other approved barriers installed between sidewalks and adjacent interior roadways and parking areas.

• At least 7 .5% of the total project area set aside in common green space and/or recreation space.

• Centralized stormwater management systems (no street-side swales).

• Internal pedestrian systems that connect units to the off-site public sidewalk/pedestrian system.

Mr. Mohler asked if the amendments generated. were from the Growth Awareness Committee. He felt the sidewalks were not necessary in _all multi-family developments since they were expensive to build, and may cause constraints in project design. Mr. Boling responded there had not been any specific requirements on paper before and this was a method to provide requirements which would help with drainage issues and traffic in the multi-family developments.

Mr. Dill opined the amendments were a method to bring multi-family developments into a compatible position with single-family subdivisions.

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Discussion was held regarding what was considered green space in a development. ·

ON MOTION BY Mr. Dill, SECONDED BY Mr. Schommer, the members. voted (7-3) to recommend approval of the proposed amendments to the Board of County Commissioners. Mr. Blum, Mr. Robinson and Mr. Mohler opposed the motion.

Matters by Members

Mr. Robinson inquired if something could be done about the identical house numbering on· streets that also had adjacent courts, places, and avenues, due to the problems that existed when someone was trying to locate a residence or business. Mr. Boling responded staff could review the matter.

Matters by Staff

. None.

Adjournment

There being no further business, the meeting adjourned at 12:30 p.m .

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PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, April 13, 2006, at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th

Street, Vero Beach, Florida.

Present . were members: Vice Chairman Bob Bruce,. District 2 Appointee; Craig Fletcher, District 3 Appointee; Scott Chisholm, District 4 Appointee; George Christopher, District 5 Appointee; George Hamner and George Gross, Members-at-Large; and Susan Olson, Non-voting School Board Liaison.

Absent was member: Chairman Donna Keys, District 1 Appointee, (unexcused).

Also present were IRC staff: Bill DeBraal, Assistant County Attorney; Jim Davis, Public Works Director; Chris Mora, Traffic Engineer; Stan Boling, Planning Director; Brian Freeman, Senior Planner; and Darcy Vasilas, Staff Assistant IV. Others present: Henry Stephens, Press Journal.

e of Alie iance

Vice airman Bruce called the meeting to order and Mr. Hamner led all in the Pied of Allegiance.

A

nded the following changes:

On Page 8, the motion

ON MOTION BY Mr. Fletcher to approve the request to amend the mprehensive Plan and the rezoning as presente THE MOTION DIED d!,!e ~o a l_ac;:k of §!EC::ON_D._ _ .

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ATTACHMEJ 21 ~

Ii ility risk in this issue. He related he had_ requested in the airport staff co ents that the avigation easement that was prepared be submitted not. only t the IRC staff and IRC Attorney, but also to the City of Vero Beach Attorne and airport staff for review.

Mr. M ger stated he would not like to see the development proceed until such tim as an avigation easement was approved by at least the City of Vero Beach nd the Federal Aviation Administration. He felt it was important, to have rotection for both the City and County if there was a lawsuit in the future ecause of the proximity of the proposed development

. to the approach of an irport runway.

Mr. Menger opine there would be noise complaints from the homeowners building in t e proposed development and would like to recommend not only an avi tion easement as a requirement, but also a 25-decibel reduction in the co struction standards for the buildings. He understood the Indian River · aunty Code of Ordinances, Ordinance 911.17, required only one of thos requirements, but he felt with both, the future homeowners could have som avenues for reducing noise levels.

Discussion was held regarding th options of providing information to each homeowner, and subsequent ho eowners, regarding the noise issues. Mr. Boling recommended pushin the avigation easement would be the most productive method to pursue for oise reduction.

ON MOTION BY Mr. Fletcher, SEC DED BY Mr. Hamner, the members voted unani ously (6-0) to approve the request for prelim ary plat approval as submitted by staff with the ddition of receiving approval for an plans by the City of Vero Beach Attorney as well as the Indian iver County Attorney.

Public Hearing

Vice Chairman Bruce read the following into the record:

A. . Consicferation. of Prop.osed Amer1dnient to the Multi-tinnily. Zoning District Requirements of LOR Section 911.09

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. Mr. Boling reviewed the information contained in his memorandum, a copy of which is on file in the Commission Office.

Mr. Christopher asked if this proposed amendment was a pending ordinance. Mr. Boling responded at this time the item was not a pending ordinance, but it would be going before the Board of County Commissioners within the next month. ·

.,

Discussion was held regarding the sidewalk requirement for "a minimum of a 6-foot strip of irrigated and sodded landscaped area shall be provided between the curb and sidewalk with canopy trees provided every 1 00•feet." '

Vice Chairman Bruce felt the sod requirement should be changed .to approved ground coverwhich would allow for more creativity. ·

Discussion was held on the green space and/or recreation space requirement. Mr. Boling explained there was less cost in providing green space as opposed to a clubhouse and felt either option was acceptable.

The electrical power in the County Administration Building went out at 7:36 p.m. The meeting resumed at 7:41 p.m.

Vice Chairman Bruce opened the public hearing at 7:41 p.m.

Mrs. Deborah Ecker, 550 Riomar Drive, Vero Beach, related she was. speaking on behalf of the Landscape Committee which was under the auspices of the Pelican Island Audubon Society, that had been working for the past 18 months on revisions to the IRC Code of Ordinances, Chapter 926, Landscaping, and recommended the following changes to the proposal:

Section #1, Paragraph D:

a) · In the first sentence, the insertion of the phrase "pervious surface" after the figure 7.5% and before the phrase "of the total project site area."

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b) Deletion of the third· sentence which reads: "For purposes of this regulation, 'recreation areas' may include recreational facilities and amenities such as ball courts, pools, clubhouses, similar facilities, and supporting improvements such as parking areas."

Discussion ensued regarding play areas for children, recreational amenities, and green space.

Mr. Joseph Paladin, president of the Growth Awareness Committee, related the main concern was to make the perimeters of the multi-family developments aesthetically pleasing to surrounding properties. He continued the secondary goal was to improve the ambiance for the residents living within the community.

Mr. Paladin stated there was pervious concrete now available for basketball courts, which could be used as an incentive to provide a more eye appealing neighborhood. · ·

Mr. Christopher felt there tended to be many children in these multifamily projects and the recreational facilities geared toward children needed to be provided. He suggested deleting the clubhoLJse and some of the parking in order to provide more recreation areas. Attorney DeBraal noted it depended on the age group being marketed for a multi-family development, adding if it was a 55 and over community perhaps a clubhouse would be more desirable.

Vice Chairman Bruce asked Mr. Boling his opinion. Mr. Boling felt if the clubhouse and parking items were removed, the amendments to the multi-family zoning district requirements could work.

Mrs. Ecker suggested the following change:

Section #1, Paragraph B:

· The last sentence be amended to read as follows: "A minimum 6-foot strip of irrigated and sodded landscape area shall be provided between the curb

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and the sidewalk with canopy trees provided every 50~feet (from every 100-feet)."

Mr. Paladin supported the change to 50-feet.

Mr. Jens Tripson, 2525 14th Street, Vero Beach, felt the increase in trees between the sidewalk and the curb would enhance the appearance of the developments, and provide a buffer for both the residents and the public.

Vice Chairman Bruce closed the public hearing at 8:04 p.m.

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Christopher, the members voted unanimously (6-0) to approve the amendment to the multifamily zoning district with the following changes:

• Under Section #1, Paragraph B: Changing the planting of canopy trees from 1 DO-feet to 50-feet.

• Under Section #1, Paragraph D: The deletion of the words "clubhouses, similar facilities, and supporting improvements such as parking .areas."

• Under Section #1, Paragraph D: In the last sentence change the words "recreation facility" to "o.pen air recreation facility." ·

• · Change the sidewalk landscaping requirement to "a minimum 6-foot strip of irrigated, approved ground cover or sodded landscape area".

• Under Section D.1.a. change the words "such as" to "such as, but not limited to".

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Section 926.09. Landscaping along roadways.

(1) Required landscaping adjacent to rights-of way. A landscaping strip, at least ten (10) feet in depth shall be located adjacent to the right-of-way along the site's entire road frontage. Within the strip, landscaping shall be provided as follows:

(h) For multi-family site plan projects, excluding planned developments (PDs) and single duplex or single triplex projects, the following special landscape requirements shall apply:

I. Major roadways: Along collector and arterial roadways, a six-foot opaque feature meeting the requirements of Landscape Ordinance section 926.08 and Subdivision

· Ordinance section 913.09(3)(c)5. shall be provided. In addition, the following landscape strip requirements shall apply:

Minimum Planting Buffer and Depth per one hundred (100) feet of frontage

*20' 4 canopy tree.s 5 understory trees continuoushedge,off.. set double row, 3' at nlanting

**15' 4.5 canopy trees 5.5 understory trees continuoushedge,off.. set double row, 3' at nlantin~

· Where two-story buildings are proposed adjacent to an arterial or collector road, required · canopy trees sh.all have an increased minimum height of twelve (12) feet at planting where trees often (10) feet are normally required, and an increased minimum height of fourteen (14) feet where trees of twelve 02) feet are normally required. Where three-story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of sixteen (16) feet at planting.

Where walls are used, they shall be solid masonry, concrete, or other similar solid and substantial material. Canopy trees shall be installed at least seven (7) feet from the face of the wall, and understory trees shall be installed at least five (5) feet from the face of the wall and from any adjacent existing or proposed sidewalk. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector roadway.

*Project sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet.

*"Project sites with a depth of four hundred ( 400) feet or less shall have a minimum buffer depth of fifteen (15) feet. ·

2. Local roadways: Along local roadways, two (2) understory trees per thirty (30) lineal feet, in addition to the standard requirements of Landscape Ordinance section 926.09, shall be provided.

F:\Community Dcvelopment\Uscrs\CurDev\BCC\2006 BCC\926.09(I)(h) athlchmenlrtf

§ 926.08 INDIAN RIVER COUNTY CODE

Plant Material 1 · 100' -----.

.,

0-canopy Q-Understory

----100'----"4

T 1

l~~~ 60''

T 50'

l

T 40'

1

T 30'

.l

Type A Buffer

Supp. N<>. 31 926/6.2

0-Shrubs

· 8.0-Canopy 3.o-Understory

22.0-Shtubs

8.0-Canop)'. 4.0 "-Untlii!rs'tory

· · .24.o .::.sbn,ibs

10.0-Canopy 5.0 ·-Understory

:26.0 - Shrubs

12.0-canopy 6;0 - Understory ·

30.0-Shrubs

ATTACHMEN'f !7

LANDSCAPE'AND BUFFER REGULATIONS

Ret.t,,;,..,._,_;,, fV l•O '

Pltrnt Matetial · 1··100' ~............___,_

Q.~'Cariopy U"' Uhderstory

i..----100'------...

T,.;,_,.IT .. •. ? .. '7'\;,. ~,o~~~P"T"':'\ -. 30'-·· .. •

J_ '-6&:l'l~~~~...J

Type B Buffer

92617

0 . .; Shrubs

4.8-Canopy 2.4-Understory

19.o-Shrubs

5.4"'.Canopy :. 2.7-Undetstory 22'.0-Shrubs

6.0-Canopy '3.0-Understory

24.0-Shrul:is

6,6-Canopy 3~3,- Uhderstory

28.0 -Shrubs

228

i 926.08 INillAN RM'R COUNTY CODE

Plant Material / ·-1 oo' ----~

Q-canopy. Q ... Understory

-.-1-0'_ · . . . ' . . . . . ~ ' . .

Type· C Buffer

926/8

.0-Shrubs

3.5-C.anopy 1.4-Understory

14.0-Shrubs

4.0-Canopy 1.6-Understory

16.0-Shrubs

4.5-Canopy 1 .• 8-Understory

18.0-Shrubs

5,0-Canopy · 2.0- Understory 20 .0 - Shrubs

229

lNl>lAN RIVER COUNTY, FLORIDA

MEMORANl>UM


FROM:

Robert M. Keating, AICP; Co=unit Development Director "/ft1:,_

Stan Boling, AICP . Planning Director

DATE: May 9, 2006

·PUBLIC HEARING LOR AMENDMENT

LEGISLATIVE

SUBJECT: Consideration of Proposed Amendmentto LDRSections 911.09(4) and 971.41(10): Allowing Single-Family Dwellings and Accessory Single-Family Dwellings in the Mobile Home Districts

It is requested that the data herein presented be given fonnal consideration by the Board .of County Co=issioners at it~ regular meeting of May 16, 2006.

BACKGROUND "

Currently, county land development regulations allow mobile homes in mobile home districts (RMH-6 and RMH-8) and the ROSE-4 district, but not in multi-family districts and single-family districts. The ROSE-4 district is located in portions of Roseland where historically there has been a mix of mobile homes and single-family homes.

After hurricanes Francis and Jeanne, county staff was contacted by owners ofRMH-8 zoned lots in the area south of Roseland Road and east of US Highway 1. ,Those owners expressed a desire to replace damaged mobile homes with more structurally secure site-built single-family homes. Staff met with area neighbors and initiated a rezoning of 3 subdivisions (Indian River Twin Estates, Mobile Villa Estates, and Indian River Acres) from RMH~8 to ROSB-4 to allow both single-family homes and mobile homes in those subdivisions. The Board of County Commissioners (BCC) approved the rezoning on October 4, 2005.

During the rezoning process, staff and county officials revisited the issue of allowing single-family homes on lots zoned RMH-6 and RMH-8, and agreed that such an allowance was desired by some residents and would provide an opportunity for the re-building and building of more secure residential structures in those areas. As a result, staff has initiated an LDR amendment to allow single-family homes on all RMH-6 and RMH-8 zoned lots.

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PSAC ACTION:

At its meeting of January 19, 2006, the Professional Services Advisory Connnittee (PSAC) voted 6-0 to reconnnend that the BCC adopt the proposed amendment.

PZCACTION:

At its meeting of February 23, 2006, the PZC considered the ordinance at a public hearing. At that hearing, Village Green Mobile Home Park resident Ed Lee expressed concerns that the ordinance, as proposed, could inadvertently and adversely affect mobile home park residents by allowing "easy" redevelopment of all or portions of existing mobile home parks into conventional single-family subdivisions. At that meeting, the PZC voted to table the item to allow staff time to meet with Mr. Lee and address the concern raised.

After the February 23 rd meeting, planning staff .coordinated with Mr. Lee and the County Attorney and added wording to the proposed ordinance that addresses the concern raised. At its March 9, 2006 · meeting, the PZC considered the revised ordinance ( current proposal) and voted 6-0 to recommend that the BCC approve the proposed ordinance.

The BCC is now to consider the proposed ordinance and is to adopt, adopt with changes, or reject the proposed ordinance.

ANALYSIS

The county's zoning districts generally separate areas where mobile homes are allowed from areas where conventional homes are allowed. Consequently, mobile homes are not allowed in single-family or multi-family districts, but are allowed in mobile home zoning districts (RMH·6 and RMH-8). In the past, the county has not allowed conventional homes in mobile home districts based on a concern that, over time, owners of conventional homes would consider continuation of mobile homes to be a nuisance.

The ROSE--4 district, created in the late 1980's, is an exception, That district allows mobile homes and conventional homes, based on the fact that the district is located only in areas where mobile homes have traditionally existed. Staff's experience with the ROSE-4 district is that conflicts have not arisen where conventional homes are allowed in areas with mobile homes. Since the 2004 hurricanes, property owners in mobile home districts have requested the ability to construc;t conventional homes on lots zoned for mobile homes only (RMH-6 and RMH·8). In order to grant such ability, the county, during the past year, rezoned certain properties from mobile home districts to ROSE-4 and RS-6 to allow conventional home construction. During discussion of those rezonings, PZC and BCC members expressed support for allowing conventional homes on lots in mobile home districts. Consequently, staff now proposes an LOR amendment to allow conventional single-family homes on lots zoned RMH-6 orRJYIH-8.

As proposed, the subject amendment is patterned after the ROSE-4 district allowance for single-f~ly homes (see attachment #1). As structured, the ordinance makes single-family homes permitted uses in the RMH-6 and RMH-8 districts. In conjunction with the allowance for single-family homes, accessory

F;\Comrnunity Devcloprnent\Users\CurDev\BCC\2006 SCO,Con5ideration of 911.09 and 971 .41 .rt:f

single-family dwellings ( e.g. "mother-in law cottages") are also proposed as administrative permit uses, subject to the Chapter 971 specific land use criteria for such accessory units. The result is that, under the proposed ordinance, owners of lots zoned RMH-6 and RMH-8 will have the same residential use allowances as ROSE-4 lot owners. No changes are proposed to single-family or multi-family districts. Thus, those districts will continue to allow conventional homes only.

Many areas of the county that are zoned RMH-6 and RMH-8 (e.g. Countryside, Village Green) are unplatted mobile home parks. Such parks have rented or leased spaces but do not contain individual lots. The existing LDRs require single-family dwellings to be placed on individ,ual lots [per LDR section 911.04(3)(b)6]. In accordance with that requirement and to address the concern raised at the February 23 rd PZC meeting, the proposed ordinance specifically prohibits the construction of singlefamily homes within existing mobile home parks where spaces are rented or leased. Therefore, the proposed ordinance will allow single-family dwellings on RMH-6 and RMH-8 zoned lots and parcels, but will not allow single-family dwellings in existing, unplatted mobile home parks (e.g. Countryside, Village Green).

RECOMMENDATION:

Staffrecommends that the BCC adopt the proposed LDR amendment to allow single-family dwellings and accessory dwelling units on lots and parcels in the RMH-6 and RMH-8 mobile home districts.

ATTACHMENT:

1. ROSE-4 District Allowances 2. Excerpt from Draft Minutes of January 19, 2006 PSAC meeting 3. Excerpt from Minutes of February 23, 2006 PZC meeting 4. Excerpt from Minutes ofMarch 9, 2006 PZC meeting 5. Proposed LDR Amendment

APPROVED AGENDA ITEM: Indian River Co,

Admin.

Legal

Budget

Dept. Risk Mgr.

F:\Co~unity Devel'oprnent\Uscrs\CutDev\BCC\2006 BCC\Can:sideration of 911.09 and 97l .41.rtf

ROSE-4 District Allowances

ROSE-4 Azricultural Uses Noncommercial kennel A Noncommercial stable A Noncommercial o-reenhouse A

Residential Uses Accessory sine:le-familv dwelline: unit A Single-familv dwelline:s p Mobile homes p

Public Service Uses Child and adult care facilities A Foster care facilities p

Places of worship s Public parks and playgrounds A Emergency services p

. Educational facilities, excludin11: business s G:roun home (level I) A Cemeteries s

Recreational Golf courses s

Utilitv Uses Public and nrivate utilities (limited) A Communications towers (wireless facilities) A' Communications towers (non-wireless facilities) Amateur radio <accessorv use) Less than 80 feet p 80 feet or taller (see 971.44(4) for snecial criteria) s Comii:J.ercial Un to 70 feet: Camoufla11:ed p Non-camouflaged -70 feet to 150 feet: Camouflae:ed A Mononole (minimum of2 users) . Not camouflaged and not monooole -Over 150 feet: All tower tvoes (see 971.44(1) for soecial criteria) -

F:\Coznmunity Dovc:lopmcnt\U,1iers\CurDev\FSAC\2006 PSAC\l'lOSE-4 Di~trict Allowances.d(I(: 1

ATTACHMEre-3 31

PROFES~IONAL SERVICES ADVISORY COMMITTEE

There was a meeting of the Professional Services Advisory Committee (PSAC) on Thursday, January 19, 2006 at 12:15 p.m. in the First Floor Conference Room "A" of the County Administration Building, 1840 25th Stre_et, Vero Beach, Florida. ·

Present were Chairman Peter Robinson, Development Appointee; Vice Chairman Warren Dill, Law Appointee; Ken Grudens, Environmental Issues Appointee; Rodney Paradise, Real Estate Broker Appointee; John Blum, Civil Engineer Appointee; Alan . Schommer, General Contractor Appointee; and Stephen Moler, Engineer Appointee.

Absent were · George Kulczycki, Forester, Biologist, Botanist, Horticulturalist, or Arborist Appointee; Todd Smith, Engineer Appointee; Robert Gaskill, Architect Appointee; Robert Brackett, Finance and Business Appointee; Frank Johnson, Engineer/Surveyor Alternate; Mark Scott, Small Business Owner Alternate; and Robert M. Poore, Jr., Finance and Business Appointee Alternate (all excused)

Also present were IRC staff: Will Collins, County Attorney; William DeBraal, Assistant County .Attorney; Joseph Baird, County Administrator; Michael Zito, Assistant County Administrator; Stan Boling, Planning Director; Bob Keating, Community Development Director; Roland DeBlois,

· Environmental and Code Enforcement Chief; Sasan Rohani, Long Range Planning Chief; and Darcy Vasilas, Staff Assistant IV. Others present: Joseph Paladin and Bill Beardslee, Growth Awareness Committee representativei:i; Nancy Offutt, Treasure Coast Builders Association . representative; Penny Chandler, Indian River County Chamber of Commerce representative; Attorney Bruce Barkett, interested citizen; David Ederer, Developer of Mandala Club; and Henry Stephens, Press Journal.

Chairman · son called the meeting to order.

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January 19, 2006

D. Amendment to Mobile Home District Regulations: Consideration of Allowing Single-Family Homes on Lots in Mobile Home Districts

ON MOTION BY Mr. Dill, SECONDED BY Mr. Robinson; the members voted unanimously (6-0) to recommend to the Board of County Commissioners the amendment to Mobile Home District Regulations.

Amendment to Single-Family Pond Regulations Eliminating a: 500 Bond Requirement

Mr. DeBlois · elated currently a provision existed under the SingleFamily Pond Regula ns for the posting of a $500 bond. He explained the IRC Finance Departme had recently conducted an investigation into the advantage to the public the bond requirement. . It was decided the advantages did not compar to the staff time needed to adm_inister the recording and refunding of the nd money. He therefore was requesting the recommer;idation of the PSAC eliminate the bond requirement.

ON MOTION BY Mr. Robt son, SECONDED BY Mr. Moler, the members vote unanimously (6-0) to recommend · to the B rd of County Commissioners the elimination of • the bond requirement.

Matters by Members

None.

Matters by Staff

None.

Adjournment .

There being no further business, the meeting adjourned at 2:00 p.m.

PSAC/Unapproved 1 0 January 19, 2006 F:\Community Development\l,Jsers\CurDev\PSAC\2006 PSAC\Min011906.doc

235

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, February 23, 2006, at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th Street, Vero Beach,. Florida. .

Present were members: Chairman Donna Keys, District 1 Appointee;· Vice Chafrman Bob Bruce, District 2 Appointee; George Hamner and George Gross, Members-at-Large; Craig Fletcher, District 3 Appointee; Scott Chisholm, District 4 Appointee; George Christopher,. District 5 Appointee;. and Ann Reuter, Non-voting School Board Liaison.

Also present were IRC staff: Will Collins, County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; John McCoy, Brian Freeman and Gale Carmoney, Senior Planners; Chris Mora, Traffic Engineer; Jim Davis, Public Works Director; and Darcy Vasilas, Staff Assistant IV. Others . present: Henry Stephens, Press Journal.

e of Alie iance

Chairm Keys called the meeting to order and led· all in . the Pledge of Allegiance.

Approval of Minutes

Mr. Hamner, SECONDED BY Mr. Gross, the mem rs voted unanimously. (7-0) to approve the Febr ry 23, 2008 minutes as presented.·

Item on Consent

Mr. ·Chisholm asked to have Item 3~B p led from the agenda and Mr. Christopher asked to Item 3-A pulled.

Chairman Keys read the following into'the reco ·

P&Z/Approved • 1 -C:IDocuments and Settings\webmasterADMIN\DasktoplMin 2-23-06.doc

February 23, 2006

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Fletcher, to support staff's position and go with Option #3 to recommend to the.Board of County

mmissioners to approve the rezoning with a lo r density zoning "district, such as RM-6, Multi le-Family Residential District (up to 6 units/a e}.

Under discussio Mr. Christopher stated he would be voting no because ofthe uncertain · s of the roads needing to be built for the projects already approved, the cost involved; and when they would be completed. He continued under those c1 umstances, any rezoning at this level could not be justified.

· Mr. Bruce felt there was a rious incompatibility with the property across 74th Avenue that was RS-1, gle Family Residential District (up to 1 unit/acre). He stated he would supp a RS-6, Single Family Residential District (up to 6 units/acre).

THE MOTION WAS CALLED a passed with a vote of (4-3). Mr. Bruce, Mr. C ristopher and Chairman Keys opposed.

Chairman Keys stated she voted no because appropriate for rezoning to RM-6 because there were the County did not own the right0of-way.

Chairman Keys read the following into the record:

e did not feel it was • ads not paved and

C. . Consideration of Proposed Amendment to LOR Sections 911.09{4} and 971.41(10)(b}: Allowing Single-Family Dwellings and Accessory Single-Family Dwellings in the Mobile Home Districts

Mr. Boling reviewed the information contained in his memorandum, a copy of which is on file in the Commission Office.

P&Z/Approved - 11 - February 23, 2006 C:\Documents ~nd Settings\webmaster.ADMIN\Desktop\Mln 2-23-06.doc

237

Mr. Christopher asked what the lot sizes were. Mr. Boling responded the mobile home district lot sizes were smaller than conventional single family, so they were 5,000 square foot lots and the setbacks would be 10-feet on· the sides and 20-feet on the front and rear. He added the lots would be buildable in accordance with the normal setback requirements.

Mr. Christopher asked if the accessory buildings would be allowed on the properties. ·. Mr. Boling replied as long as they met the Health Department requirements, were on water and sewer, met the setback and building coverage requirements, the accessory buildings would be allowed.

Mr. Chisholm asked if the County would be phasing away from cost efficient housing by placing a site-built structure on the property. Mr. Boling stated this would affect only individual lot homeowners who would make the choice to go to a conventional site~built home or to remain in .a mobile home.

Chairman Keys opened the public hearing at 11 :22 p.m.

Mr. Ed Lee, resident of Village Green Mobile Home Park, expressed concern about what would happen to lot owners if the mobile home park owners platted the lots, and the possibility of evicting the residents. A lengthy discussion ensued. ·

ON MOTION BY Mr. Bruce, SECONDED BY Mr. Fletcher, the member$ voted (6-1) to continue the meeting another 15 minutes, until 11 :45 p,m. Mr. Gross opposed.

ON MOTION BY Hamner, SECONDED: BY Mr. Bruce, the members voted unanimously (7-0) to continue this item as well as Item #5-0 l\}t the next meeting scheduled for March 9, 2006.

Commissioners Matters

There were· none.

Attorney's Matters

P&Z/Apprvved -12 -C;\Doc~ments and Settings\webmaster.ADMIN\Desktop\Min 2-23-06.doc

February 23, 2006

238

PLANNING AND Z.ONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, March 9, 2006, at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th

Street, Vero Beach, Florida.

Present were members: Chairman Donna Keys, District 1 Appointee; George Hamner and George Gross, Members-at-Large; Craig Fletcher, District 3 Appointee; Scott Chisholm, District 4 Appointee; and George Christopher, District 5 Appointee.

Absent were members: Vice Chairman Bob Bruce, District 2 Appointee and Ann Reuter, Non-voting School Board Liaison (both excused).

Also present were IRC staff: Bill DeBraal, Assistant County Attorney; Joseph Baird, County Administrator; · Bob Keating, Community Development Director; Stan Boling, Planning Director; Sasan Rohani, Long-Range Planning Chief; and Darcy Vasilas, Staff Assistant IV.

Call to Order and Pledge of Allegiance

Chairman Keys called the meeting to order and led all in the Pledge of Allegiance.

Approval of Minutes·

ON MOTION BY Mr. Fletcher, SECONDED BY Mr. Hamner, the members voted unanimously (6-0) to approve the February 23, 2006 minutes as presented.

Public Hearings

Chairman Keys read the following into the record:

A. [Continued Item] Consideration of Proposed Amendment to Land Development Regulations (LOR) Sections 911.09(4) and

- 971,41 (1 0)(b): Allowing Single-Family Dwellings and

P&Z/Approved - 1 - March 9, 2•• e C:\Documents and Settings\webmaster.ADMIN\Local Settings\Temporary Internet Files\OLK6\Min 3.09-06.doo

ATTACH MEN~ 3;

Chairman Keys closed the public hearing at 7:12 p.m.

ON MOTION BY Mr. Fletcher, SECONDED BY Mr. Hamner, the members voted unanimously (6-0) to recommend to the Board of County Commissioners approval of the proposed amendment to Land Development Regulations S~ctions 911-09(4) and 971.41 (10)(b) as presented by staff.

an Keys read the following into the record:

B. [ ·ntinued Item] Consideration of Proposed Amendment to hapters 913 and 914: Posted Sign Notice for Con ntional Development Projects

Mr. Boling pre nted the information contained in his memorandum, a copy of which is on in the Commission Office. ·

Mr. Boling showed Information would include t

sample of the sign to be used for notices. following:

RESID NTIAL DEVELOPMENT PROP SEO ON THIS SITE

FOR INFO MATION CONTACT: (insert applican 's phone number here)

(insert pro ct name here)

Discussion was held regarding the igns that would be used for the various property uses.

Mr. Hamner stated he was not in favo there was not enough response, and people the postings, they would be pulled out.

of the posting and hoped if · re not taking a~vantage of

Mr. Chisholm felt staff was already overwo ed and he did not feel the signs were necessary.

Chairman Keys opened the public hearing at 7:2 p.m.

P&Z/Approved - 3 -F:\Community Development\Users\CurDev\P&ZIZ006\Min 3-09-06.doc

M~rch 9, 2006

240

ORDINANCE 2006-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER ~11, ZONING, AND 971, REGULATIONS FOR SPECIFIC LAND USES, BY ,AMENDING USES SECTION 911.09(4), BY AMENDING RESIDENTIAL USES SECTION 971.41(10), BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY CO:MMISSIONERS OF INDIAN RIVER COUNTY, FLOR1DA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS:

SECTION#l:

Amend the list of allowed uses in the RMH-6 and RMH-8 mobile home districts contained in LDR Section 911.09(4), to read as follows:

( 4) Uses. Uses in the mobile home districts are classified as permitted uses, administrative permit uses and special exception uses, Site plan review shall be required for the construction, alteration and use of all structures and builctings except for mobile home dwellings in approved subdivisions and parks.

District Uses RMH-6 RMH-8 Residential Mo.bile homes p p

Sin:!_Tle-familv dwellin!7S p• p•

Accessorv sini,le-familv dwellimr unit A' ' A' Institutional Child or adult care facilities A A Foster care facilities · p p Places ofworshio A A Grouohome level n A p Grouohome level II and III) s A Grouo home (residential center) s s Adult congregate living facility (20 resident s A maximum) Adult congregate living facility (21 + resident s s maximum) Communitv Service Emergency servh;es p p Educational centers including primary and s s secondarv schools Gove=ent administrative building s . s Community centers . s

. Recreation Coui:ttrv clubs s s

Bold Underline; Additions to Ordinance 1 Strike tlirmi.gh: Deieted Text from Existing Ordinance F:\Community Developmont\Usors\CurDov\ORDINANCE\:l00~006· __ 911.09 Mobile Homo Districts and 971.41.ll.TFAJJACHM£lf12 4 $

ORDINANCE 2006-__

Golf courses Public narks and olav11rounds Tennis facilities Utility Communications towers , wireless facilities) Communications towers non-wireless facilities) Amateur radio ( accessory use) Less than 80 feet 80 feet or taller (see 971.44(4) for special

criteria) Commercial Un to 70 feet: Camouflaged Non-camouflaged 70 feet to 150 feet: Camouflae:ed · Mononole (minimum of2 users) Not camouflaged and not mononole Over 150 feet: All tower types (see 971.44(1) for special

criteria) Limited nublic and nrivate utilities Public and nrivate utilities, heavv

P • Permitted use

A - Administrative permit use

S ~ Special exception use

s A s

Al

p

s

p -

A .

.

A s

s A s

A'

p s

p

-A

.

.

A s

1For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.

2 Allowed only on platted lots or legally created parcels not located within mobile home I!arks1

where·spaces are rented or leased, that existed prior to May 16, 2006.

SECTION.#2:

Amend the specific land use criteria for accessory single-family dwelling units section 971.41(10), to read as follows:

(10) Accessory single-family dwelling unit:

(a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inex:pensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that !musing costs continue to . increase, that households continue to decline in size, and that the number of elderly Americans is on the rise.

Bold Underline: Additions to Ordinance 2 Strike t:hteugh: Deleted Text from Existing Ordinance Fc\Community Dovelopmontl1Jsers\CurDev\ORDINANCEl2006-J.006-__ 911.09 Mobile Home Districts and 971.41.RTF ATTACHMf Nf 4 a;;

(b)

(c)

(d)

A-3

ORDINANCE 2006-__

Districts requiring administrative pennit approval, (pursuant to the provisions of 971.04):

A-2 A-1 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 Con-2 Con-3 Rose-4 RMH-6 RMH-8

Requirements of section 971.41 (l 0) shall not supersede property owner deed restrictions.

Additional infonnation required:

1. A site plan conforming to Chapter 914 requirements.

(e) Criteria for accessory dwelling units:

1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district.

2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be developed in conjunction with or after development of the principal dwelling unit.

3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a princip~l dwelling unit.

4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit. ·

5. The heated/cooled gross floor area of the accessory dwelling unit sha!l not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area.

6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the. principal dwelling unit.

7. Detached accessory dwelling units shall be located no farther than seventyfive (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit. · ·

8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in · appearance to the facade of the existing principal structure.

Bold Underline: Additions to Ordinance 3 81ril,e tkaagh: Deleted Text from Existing Ordinance I' :\Community Development\U,.,.\CurDov\ORDlNANC8\2006\Z006-__ . 911 .09 Mobil• Homo Dis1ricts and 971.4 I.RTF ATTACH M er&4 3 5

ORDINANCE 2006-__

9. One (1) off-street parking space shall be provided for the accessory qwe!ling unit in addition to spaces required for the principal dwelling unit,

10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the environmental health department's well and septic tank and drainfield requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties.

11. No accessory dwelling unit shall be sold separately from the prin~ipal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity oftitle document.

12. An accessory dwelling unit shall be treat.ed as a multi-family unit for traffic impact fee and traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi-family unit shall be satisfied.

SECTION #3: SEVERABILITY ..

If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein ..

SECTION #4: REPEAL OF CONFLICTING ORDINANCES.

The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or

· relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION #6: EFFECTIVE DATE.

This Ordinance shall take effect immediately upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this __ day of ____ __, 2006.

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ATTACHMENi 44j

ORDINANCE 2006-__

This ordinance was advertised in the Press•Journal on the ___ day of 2006, for a public hearing to be held on the ___ dl'!,y of 2006, at which time it was moved for adoption by Commissioner seconded by Commissioner __________ , and adopted by the following vote:

Chairman Arthur R. Neuberger_

Vice Chairman Gary C. Wheeler

Commissioner Sandra L. Bowden

Commissioner Thomas S. Lowther

Commissioner Wesley S. _Davis

BOARD OF COUNTY CO:MJIJISSIONERS OF INDIAN RIVER COUNTY

BY: Arthur R. Neuberger, Chairman

ATTEST BY: ________ _ JeffreyK. Barton, Clerk

This ordinance was filed with the Department of State on the following date: ______ _


, County Attorney

t Director

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- ATTACHMENr24ij


MEMORANDUM


Robert M. Keating, AlC

THROUGH: Stan Bo~CP Planning Director

FROM: John W. McCoy, AlCP :1 \4 t,f\ Senior Pl,anner, Current Development

DATE: May 9, 2006

CONSENT AGENDA (QUASI-JUDICIAL)

•

SUBJECT: CJM Communities, Inc.'s Request for Extension of Site Plan Approval for a MultiFamily Residential Development to be known as Bella Vista Isles (SP-MA-05-02-09/2004070335-45592)

It is requested that the data herein presented be given fonnal consideration by the Board. of County Commissioners at its regular meeting of May 16, 2006.

DESCRIPTION & CONDITIONS:

On April 28, 2005, the Planning and Zoning Commission granted conditional major site plan approval to construct a 64-unit multi-family residential development located at the southeast comer of 66th Avenue and 26th Street. The current expiration date of the site plan approval is April 28, 2006.

On April 6, 2006, the project applicant filed a request to extend the site plan approval expiration date. Due to delays in permitting, construction activities have been delayed. Because the request was submitted prior to the approval expiration date, the extension request may now be considered by the Board of County Commissioners.

ANALYSIS:

Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments adopted as of the date of the extension request, as applied to the subject project, are not significant enough to require substantial revisions or redesign of the project. All TRC staff members recently approved the applicant's request for site plan extension.

I-:\Community Dcvelopmcnt\Users\CurDev\BCC\2006 BCC\Bclla Vista. Isles extension staffreport.rtf

As allowed under provisions of the LDRs, the developer is requesting a full one-year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Connnissioners may' deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan and corresponding approval conditions substantially conform to existing LDR requirements.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners approve CJM Communities, Inc. 's request for a one-year extension of the conditional site plan approval for Bella Vista Isles with all original approval conditions to remain in effect. The new site plan approval expiration date will be April 28, 2007.

ATTACHMENTS:

1. Request Letter 2. Location Map 3. Site Plan 4. List of Approval Conditions

Al'PROVED AGENDA ITEM: Indian River Co,

Adntln.

Legal BY:

Budget

Dept.

Risk Mgr.

F:\Cornmunity D~velopment\Users\CurDev\BCC\2.006 BCC\Sella Vista Isles extension sta:ffreport.rtf

. i

Kimley-Horn and Associates, Inc.

April 5, 2006

Mr. Robert M. Keating Director of Community Development Indian River County 1840 25th-Street Vero Beach, Florida 32960

Re: Bella Vista Isles - SP·MA·0S-02-09/2004070335-45592 Request for Site Plan Approval Extension

Dear Mr. Keating:

The Major Site Plan Application for the Bella Vista Isles project was approved on April 28, 2005 by the Indian River County Planning and Zoning Commission. Since that approval date, the Owner has pai<i their $700,000 in impact fees and Kimley•Horn and Associates, Inc. has been diligently working on securing the permits necessary to commence · construction of the project. As you are certainly aware, the level of development activity has been such that permitting agencies have been overloaded and review times have been lengthened due to this heayy workload.

Attached please find a Permitting Schedule for the Bella Vista Isles project that shows all of the various permits required prior to commencement of construction and their status as of the writing of this letter. This schedule shows that of the 21 separate approvals required to · commence construction 19 have been secured and the other 2 are very close to being issued. We are very hopeful that we should have all the necessary permits by April 28, 2006 to commence construction, but there won't be adequate time to have "built a portion

. of a structure shown on the plan, or made substantial improvements to the site". Therefore Kimley-Hom and Associates, hie., on behalf of CJM Communities, respectfully requests a one year extension of the Site Plan Approval for the Bellil- Vista Isles project.

If you _should have any questions regarding this request, please do not hesitate to call me at 772• 7944032. Thank you ·in advance for your assistance in this matter.

Y ery truly yours,

Attachments

Cc: David Ofstein, CJM Communities James E. Brady & _Associates

• Sult, 300 001 21st Srreet Vero Beach, Florida 32960

• m m. se2 ~11 FAX 772 562 9689

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List of Approved Conditions

1. Prior to site plan release, the applicant shall obtain planning staff approval of:

a. Building materials and colors; and ·

b. The site lighting plan.

2. Prior to final plat approval, the applicant shall construct or bond-out the internal sidewalks.

3, Prior to issuance ofthe first certificate of occupancy (C.O.) for the site, the applicant shall:

a. Construct or bond-out the 5 foot wide sidewalk required along the site's 65th

Avenue (Mall Driveway) frontage; and

b. Construct all buffers as depicted on the approved plans.

ATTACHMENT 2 gte· 1

INDIAN lUVER COUNTY, FLORIDA

MEMORANDUM

TO: Baird; County Administrator

M. eating, AlCP; Co .,415 . .

THROUGH: Stan Boling, AlCP Planning Director

FROM: John W. McCoy, AICP AJ N\ Senior Planner, Current 1')";v~lopment

DATE: May 3, 2006

lopment Director

CONSENT AGENDA (QUASI-JUDICIAL)

SUBJECT: Tousa Homes' Request for Extension of Site Plan Approval for a -Multi-Family Residential Development to be known as Heritage Grove SP-MJ-05-02-05/2004030162- 44563

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 16, 2006. ·

DESCRIPTION & CONDITIONS:

On February 24, 2005, the Planning and Zoning Commission granted conditional major site plan approval to construct a 115-unit multi-family residential development located south of 9th Street SW (Oslo Road) approximately 660' east of 27th Avenue. The current expiration date of the site plan approval is February 24, 2006.

On January 26, 2006, the project applicant filed a request to extend the site plan approval expiration date. Due to a change in ownership of the property and delays in permitting, construction activities have been delayed. Because the request was submitted prior to the approval expiration date, the extension request may now be considered by the Board of County Commissioners.

ANALYSIS:

Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments adopted as of the date of the extension request, as applied to the subject project, are not significant enough to require substantial revisions or redesign of the project. All TRC staff members recently approved the applicant's request for site plan extension.

F:\Comrnunity Development\Uscrs\CurOev\SCC\2006 BCC\Heritage Grove cxtonsioJJ ~taffreport.rtf

As allowed up.der provisions of the LDRs, the developer is requesting a full one-year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan and corresponding approval conditions substantially conform to existing LDR · requirements.

RECOMMENDATION:

Staff recommends that th.:i Board of County Commissioners approve Tousa Homes' request for a one-year extension of the conditional site plan approval for Heritage Groves with all conditions to remain in effect. The new site plan approval expiration date will be February 24, 2007.

ATTACHMENTS:

1. Request Letter 2. Location Map 3 .. Site Plan 4. List of Approval Conditions

FOR:_.u.:J.111~7-./..JI<~==~~

BY:_:::;~

Indian River Co,

Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\Usors\CurDev\BCC\2006 BCC\Heritage Grove extension $taffreport.rtf

Approved Date

05/06/2006 11:19 7724632302

ENGLE . B:J:t.,.&i....,.s""s.,_ __

May9,2006

Mr. John McCoy, ATCP Senior Planner - Current Development Indian .River County 1840 25th St. Vero &ai:h, FL 32960

RE: Hl!l'itage Grove Site Plan l!,xten~ion Request Application #44563

Dear Mr. McCoy :

ENGLE PAGE 02/02

Boca (561.) 391-4012 Fax (S6I) 826-9889 Toll Free 800-624-396()

123 NW 13th Street . , l'IMA RM<m Fl. n,1i4

As a follow up to Kimley Hom's site plan e:densio11 r=quest, l am preparing thls letter to detail efforts made to proceH final permitting needed to begin development. As you know, major siw plan approval was granted on February 24, 2005 for Heritage Grove Townhouse Community. At that time, Waypoint Development LLC owned the property. Subsequent to this approval, Kimley Horn and Assoc,. submitted, in a timely manner, necessary · permit applications for development of the site. TOUSA Homes, lno. purchased the' site from Waypoint Development, Permitting efforts continued un~roken with Kimlcy Hom subsequent to the TOUSA purchase, All pmnlts have been issued with the exception of the Stormwater 'A' permit whicb is issued by Indian River County Engineering. All materials have been submitted for issuance of this permjt,

Through our engineers, Kimley Horn, TOUSA Homes has sought permits in a diligent manner, as did our predecessO'I'$, Wa:ypoint Development, Due to delay in issuance of permits, all required pen:nits c:ould not be obtained within the one-year ma.jor site plan approval time frame.

Therefore 'tOUSA Homes, !no, r1sJ>C1)tfully requests a one-year time extension of the Heritage Grow major site plan approva This request is being sought under Chapter 914.08(2) of the Indian River County Land Devel9!fflfi;mt Regulations, which allow a one-ye~r extension fof "good eause".

Cc: Harry Engelstein Chuck Blaek .Brian Seymour - Gunster Y oakley - WPB Bob Ralne5 - Gunster Y oakley - Stuart Kim Wo.(1.ka-k,inkey Ho.rn

Developer of Fine Re$idential Communities www. eng le homes.com

ATTACHMENT 2 515

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List of Approved Conditions

1. Prior to site plan release, the applicant shall:

a. submit a complete lighting plan and obtain planning staff approval.

b. obtain approval of a developer's agreement for the required left tum lane and escrow the cost of constructing the west bound left turn lane on Oslo Road at the project entrance.

ATTACHMENT F:\r.ommuflitv Develomnent\Users\CurDev\P&Z\2005\Heritai;!;e Grove condition List.rt! -- 1 ~59

INDIAN RIVER COUNTY, FLORIDA .BOARD MEMORANDUM

'Ac.blic.. H-ea..t"in5

TO:

FROM:

SUBJECT:

DATE:

Joseph A. Baird, County Administratoq9

James W. Davis, P. , · Public Works Directo

Public Hearing to Consider Revenue Distribution Formula for 6¢ Local Option Gas Tax

Mayg, 2006


qp..5"

As required by Chapter 209 of the Indian Riv1;1r County Code, the Board of County Commissioners shall conduct a Public Hearing in May biannually to approve a revenue distribution formula for the 6¢ Local Option Gas Tax. This tax revenue is currently shared with the five municipalities based upon a formula as follows:

"The percentage of total revenue allocated to each eligible entity equals one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the entity's percentage of transportation expenditures over the previous five years plus one-third of th.e entity's total percentage of population residing .in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research."

This formula has been used over the past fifteen years.


Unless the Board receives substantial objection from the municipalities, staff recommends that the existing formula be retained and approval of the attached 2006/2007 revenue r:listrjbution percentages.

ATTACHMENT

Chapter209 LOGT Chart Public Hearing Advertisement 3/7 /06 Letter to Municipalities

DISTRIBUTION

Jason Brown, Director, Office of Management & Budget


Administration

Bud et

Lo al

PublicWork$

F,\Public Works\Luanne M\Admin Project, D,t,\,asolLOOT\LOOT 2006-2007\IDGT 2006-BCC Agn-Pubic Hearing on Distribution-3• l •06- · jwd.doc ·

260

· ITEM INDIAN RIVER COUNTY

#Lane Miles 1,303.30

# Bridges 71

Equiv. Lane Miles 1,445.30

Eguiv. Lana={#l.tlne Mlfes.)+(2)(tl'.BridgesJ 70.1663%

Transpor1allon Expenditures

2004/05 $22,369, 128 .

2003/04 $23,036,234

2002/03 $20,120,969

2001/02 $22,729,769

2000/01 $13,408,736

Sub-Total $101,666,636

Average 75.2632%

POPULATION (2005)* 83,622

POPULATION% 64.4571%

REVENUE PERCENTAGE 69:9669% (PROPOSED FOR 20061200n

EXISTING PERCENTAGE (200512006) 68.6434%

INDIAN RIVER COUNTY LOCAL OPTION GAS TAX DISTRIBUTION FORMULA

MAY2006

VERO BEIi.CH FELLSMERE SEBASTIAN

220 54.6 312.0

6 0 5

232 54.8 322.0

11.2631% 2.6604% 15.6325%

$1,370,602 $1,160,208 $4,034,900

$2,593,326 $797,323 $3,288,532

$1,913,680 $,l\26,061 $3,431,682

$2,429,121 $987,329 53,267,772

$2,828,633 $816,799 $3,344,936

$11,135,362 $4,587,720 $17,367,822

82456% 3.3972% 12.8607%

17,695 4,322 20,046

13.7608% 3.3235% 15.4Hl4%

11.0699% 3.1270% 14,6365%

· 12.2567% 3.0702% 14.8226%

ORCHID

0

0

0

0

$,19,904

• $13,958

$9,380

$12,674

$3,593

$59,509

.0441%

302

.2323%

.0921%

.0921%

INDI/\N RIVER SHORES

5.72

0

5.72

.2777%

$49.721

$46,008

$41,661

$42,242

. $48,640

$228,492

.1692%

3,654

2.8099%

1.0856%

1.1130%

TOTAL

2,059.82

100"/4

$135,045,741

100%

13G,043

100%

10D%

100%

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Dfs!nbution Fomiula is equal to one-1hird of the ehfl!y's percentage of lmal equwalant. !ana. miles of road plus one-lhfrd of 1he- emi'ty's percentage of lransporfation expendtll.lres over the prew:ious 5 years. plus one-thrrd of the entity's total percentage .of papulation base\l uprin mosC recent edfmate -from the Ftodda Bureau of Economic and Business r-esean::h

... PerBEBR Fla. Es1ima1as.of Populalion 2005

·- •·- .... ··•-~ -

~ DEPARTMENT OFRMNUE

JI'(\ Zingale Executive Director

Thomas S. Lowther, Chair Indian River County BOCC 1840 25th Street Vero Beach, Florida 32960-3365

Dear Commissioner Lowther:

RECEIVED APR 1 7 2006

BOARD OF COUNTY COMMISSION

General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services lnfonnation Services

DISTRIBUTION LISl

CommissionMs ~...;...,,..Administrator :;J§! W.1.., Attorney ____ _

Community Dev.·~-Emerg. Services __ _ G~oeral Services __ _

Humo ·-l!esources ,,,._OMB ,r>:, ~~~"'-''•'·

~e(reation ___ _

Utilities Services ,---'-Other . ,aML

The Florida Department of Revenue utilizes the distribution percentages provided by the county to distribute the proceeds oflocal option gas tax between the county ~d eligible municipalities within the county, According to the Florida Statutes, Chapter 336.025(5)(a), '.':Ely July i"t of each year, the county shall notify the Department of Revenue of the rate of tax levied pursuant to paragraphs.(l)(a) and (b), of its decision to rescind the tax, if applicable, and provide the department with a certified copy of 1he interlocal agreement established under subparagraph (1 )(b )2 or subparagraph (3)( a) 1, with distribution proportions established by such agreements or pursuant to subsection (4), if applicable. No decision to rescind the tax shall take effect until at least 60 days after the county notifies the Department of Revenue of such decision."

If your dis.tribution percentages for 1he Fiscal Year 2006/2007 will be adjusted due to a change in population, road miles or transportation expenditures, etc., please provide the Department a certified copy of the revised distribution percentages prior to July 1, 2006. In addition, please notify the Department' if the Co=ission intends to make any adjustments of the local option taxes being levied by the county. The Department is requesting a certified copy of any ordinance authorizing a change or levy of local option fuel tax(s) by July 1, 2006. These changes will have an effective date of January 1, 2007. By providing the Department with the requested .information, distribution services will be maintained without causing any unnecessary administrative delays.

Your cooperation in this matter is greatly appreciated. If you have any questions, please contact · · myself or Wynette Rogers at (850)487-1150.

BHW/gb

Bruce H. Williams Finance and Accounting Director Revenue Accounting Sub-process

Tallahass~e. Florida 32399-0100 262

5/4/2006

Vero Beach Press Journal

Attn: Legal Advertising - Karen ·

Subject: PUBLIC HEARING

The Board of County Commissioners of Indian River County, Florida, hereby provides notice that a public hearing will be held on Tuesday, May 16, 2006, at 9;05 a.m. or as soon thereafter as possible at the County Commission Chambers in the County Administration Building, 1840 25th Street, Vero Beach, FL 32960, to.discuss the following:

CONSIDERATION OF SIX CENT (6¢) LOCAL OPTION GAS TAX (LOGT) REVENUE DISTRIBUTION FOR.MULA FOR FISCAL YEAR 2006/2007

Interested parties may appear at the meeting and be heard with respect to the proposed application. Anyone who wants to inspect.any proposed documents mw do so at the Public Works Deparlment In the County Administration Building, 1840 25 Street, Vero Beach, -~ ' '

Anyone who may wish to appeal any decision which may be made at this meeting will oeed to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based •

. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act Coordinator at 567-8000, Ext. 1223, (TDD# 772-TT0-5215) at least 48 hours in advance of the meeting. ·

Please publish this notice once on Saturday, May 6, 2006.

Please send proof of the publication to Lea Keller, County Attorney's Office, 1840 25th Street.

If you have any questions, would you please let me know at 226-1405. Thank you.

Lea Keller, CLA, County Attorney's Office

cc: Jim Davis, P.E., Public Works Director

F:lattomey~ea\docz~ol\pj ad for public hearing 6 cent gas tax pw Jd kp.doc 263

BOARD OF COUNTY COMMISSIONERS ___.-.· 1840 25th Street, Vero Beach, Floridc, 32960·3365

Telephone: {m) 567-8000. Public Works Department

Fax: (772) 778-9391 March 7, 2006

Al· Minner, City Manager • City of Sebastian 1225 Main Street -Sebastian, FL 32948

Subject: ·

Dear Minner:

Local Option Gas Tax Distribution Formula and Possible 1 ¢ to 6¢ Increase -Public Hearing Scheduled May 16, 2006, 9:05AM at Indian River County Commission Chambers, 1840 25111 Street, Vero Beach, Florida

As reqµired by Jnr:fian River County Code Chapter 209,. a Public Hearing shall be held every two years to consider a formula for distribution of the 6¢ Local Option Gas Tax. The current formula ls calculated based upon one-third of the entity's equivalent lane miles of roads, plus one-third of the entity's past five years transportation expenditures, plus one-third of the entity's population. The County staff will recommend retaining this formula, which has been used for the past seventeen years. ·

. Enclosed is a ~opy of the table of 2005 distribution percet)tages and formula parameters. Please update the .table with your fiscal year 2004/2005 data and transmit this information to the County Public Works Department, attention James Davis, prior to April 15, 2006, A new table, which shows the percentages, based upon the formula, to be effective FY 2006/2007, will be sent to you prior to May 16, 2006, The Board of County Commissioners may consider ;evislng the. formula and/or percentages based upon the May 16, ~006 Public Hearing.

The Board of County Commissioners has recently considered increasing the Local Option Gas Tax an additional 1¢ to 6¢ as.allowed by Florida "Statutes. Our neighbor, St. Lucie County, has adopted 12¢ of Local Option Gas Tax compared to Indian River County's 6¢. This increase will b.e included in staff's agerida item to the Board on May 16, 2006.

Your attendance at thePublic H!=)aring is welcomed. New lnterlocal agreements are not needed unless the formula changes. Please notify me of any questions you may have.

Sincerely,

~ a 4,• 6 Ja"-?s W. Davis, P.E. Public Works Director

JWD/lm

Enclosures: LOGT Percentage Table

cc: Joseph A. Baird, County Administrator

F:\Public WorkslLuanM M\Admin l'rojecna Datibase\LOGTIL-001: 2006'2007\LOGT, Form Ltr Municipaliti0$"r<que.st 3-061w<l.doc ' ·,~,.,. 264

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PUBLIC NOTICE (INFORMATIONAL)

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird County Administrator

obert M. Keating, AICP Community Development Directo

' ' ,A-6_ THROUGH: Stan B6lmg, AICP

Planning Director ' '

FROM: Brian Freeman, AICP f3~ Senior Planner, Current Development

DATE: May 8, 2006

SUBJECT: Notice of Scheduled Public Hearing Items

It is requested that the Board of County Commissioners fonnally consider the following infonnation at the Board's regular meeting of May 16, 2006.


Please be advised that the following public hearing items have been scheduled for Board consideration:

May 23, 2006 Meeting

1. Indian River County's request for special exception use approval to expand the north county water treatment plant located at the northwest corner of the 58th Avenue/77t'n Street intersection. (Quasijudicial)

2. AM Developers, LLC's request for planned development (PD) special exception use and preliminary PD plan/plat approval for Milano Estates, a 49 townhorne planned development to be located on the south side of SR 60 east of 71 st Avenue. (Legislative)

3. Ken Cbapin's request for abandonment of a 10' wide alley lying immediate west of 126th Court. (Legislative)

4. Worthington S. Keville's request for an abandonment. of a portion of 13th Street lying immediately east of 32nd Ave. (Legislative)

F:\Community DevclopmentUscrs\CurDcv\public hem.ng noticeWCOl006\0:S2.306 public hearins; notice 1p bcc,rtf 267

RECOMMENDATION

These above referenced public hearing items are provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM: Indian River Co.

· FOR:

F:\Community O~elopmen't.Users\CurDe.v\public hearing noticesBCC\2006\052306 public hearing notice to bcc.rtf

• 268

TO:

THROUGH:

FROM:


Joseph A. Baird, County Administrator ,...._ Cj' Jam~s W. Davis, P.E., Public Works Direct6F-tf:

Terry B. Rauth, P.E., Capital Projects Mana~Q.---

SUBJECT: SR 60 & 58th Avenue Right-of-Way Acquisition Services Work Order No.4

DATE: May 4, 2006


l)u.bhc l.AJorts

/fX 1..

Staff has successfully negotiated a Professional Services Agreement with American Acquisition Group, LLC for services necessary to acquire twenty-four (24) right-of-way parcels for the SR 60 & 58th Avenue Intersection Improvement project. Services include preparation of appraisals, appraisal review, acquisition services, document production and support services, litigation production and litigations support services as needed.

The expanded intersection will consist of northbound and southbound triple left turn lanes on 58th

Avenue, three northbound and southbound through lanes from College Lane to 26th Street,

eastbound and westbound double left turn lanes on SR 60, and dedicated right turn lanes on air four approaches.

Payment shall be on a unit price basis for appraisals, appraisal updates, appraisal review and. project administration/acquisition costs in accordance with Attachment A, ''Task Services" up to a total maximum compensation of $434,500. Additional service work for business damage analysis, legal services, demolition management or other authorized additional services shall be paid on an hourly rate basis in Accordance with Attachment B, "Hourly and Sub-consultants Expert Services".

The time for completion of Appraisals, Appraisal Review, Offer/Negotiations, Agreement and Closing or Refusal and Suit Submission of all parcels is one (1) year from the date of authorization to proceed.

ALTERNATIVES AND ANALYSIS

The alternatives are as follows:

Alternative No. 1: Authorize Chairman to execute the Agreement as written.

Alternative No. 2: Direct staff to re-negotiate contract terms.


Staff feels confident that the attached contract has· been negotiated in the County's best interest and recommends approval of Alternative No. 1. ·

Funding is from Account Number 10215241-066510-03021.

ATTACHMENT

Work Order No. 4

DISTRIBUTION

Jason Brown, Manager, IRC Budget and Management Office William C. Miller, Executive Vice President, American Acquisition Group, LLC. William M. Napier, SRPA, SRA, IRC Land Acquisition Agent, Capitaf Projects Division.

F :\Public Works\Capltal Projects\SR60-58th Ave lnterseclion\AAGWf orkOrder4AgendaMemo.doc

269

SR 60 & 58th Avenue Right-of-Way Acquisition Services Work Order No.4 Page 2


FOR: May 16, 2006 BY?~

F:\Publlc Worf<s\Capital Projeo1S\SR60-,Sih Ave ln\orsec(lon\AAG\WorkOrder4AgendaMemo.doo

Administration Budget

270

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT

PROJECT #03-100

COPY RIGHT-OF-WAY ACQUISmON SERVICES

WORK ORDER No. 4 TO THE PROFESSIONAL SERVICES MASTER AGREEMENT

BETWEEN AMERICAN ACQUISITION GROUP, LLC, AND INDIAN RIVER COUNTY, FLORIDA

DATED SR60_&_5_8~ili-A_VE_NlJE __

Pursuant to the Professional Services Master Agreement - (MASTER AGREEMENT) dated September 2, 2003, and, extended December 13, 2005, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter.referred to as the COUNTY, and American Acquisition Group, LLC, Tampa, Florida, hereinafterreferred to as the CONSULTANT, this WORK ORDER No. 4 is an extension of and hereby becomes a part of the MASTER AGREE:tvl:ENT as follows:

SECTION I-· PROJECT LIMITS AND DESCRIPTION This Work Order is for the acquisition of twenty-four (24) right-of-way parcels located along SR 60

and 58th Avenue in Indian River County, Florida The CONSULTANT'S work will include but may not be limited to appraisals, appraisal review, negotiations, suit preparation, business damage negotiations, business damage review, and legal services. A more detailed scope is provided in Section ill.

SECTION II - COUNTY OBLIGATIONS The COUNTY will review and comment on the CONSULTANT'S work in a timely fashion. The

County obligations are listed in the MASTER AGREEMENT.

SECTION ill.:.. SCOPE OF SERVICES A. PYJllose The CONSULTANT shall perfonn all services necessary to acquire the twenty-four

(24) parcels of real estate. Elements of work shall include appraisal, appraisal review, acquisition services, document production and. support services, litigation production and litigation support services as needed.

Services will include appraisal, appraisiil review and acquisition functions. The CONSULTANT will not be responsible for monitoring asbestos survey abatement and any demolition work, UDless a separate work order for these services is initiated.

B. Definitions

a. County: Indian River County, Fl.

b. Consultant: American Acquisition Group, LLC

c. County Project Manager. Public Works Director and County Land Acquisition Agent: Terry B. Rauth, P.E., Capital Projects Manager, James W. Davis, P.E., Public Works Director, Matt Napier, SRPA, SRA.

J:\03-0023 lndian River County\SR.60 & 58th Ave\Coirtract lnfolAAG Work Ordor 4 FiDol.doo 1

271

C.

COPY d. Consultant Project Iv.fanager: The CONSULTANT'S staff member responsible for

providing technical supervision and guidance with overall responsibility and authority to make decisions regarding tasks required of the Consultant: William C. Miller, D. Wade Brown.

e. Parcel or Package: Any tract, permanent easement, or continuous tracts of land in the same ownership, whether such tract or tracts consist of one or more platted lots or a fractional part thereof. A package may consist of one or more parcels as described by the appraiser. For the purposes of the Agreement, a fee parcel or package, which is accompanied by a temporary or permanent easement, shall be considered one parcel or package.

f. "Order of Taking" Hearing: A granting of title by a circuit court to the property needed for a County road facility.

Provisions for Work

a. Specific Requirements

1. All services shall be performed in accordance with the laws of Florida and federal requirements for County property acquisition.

2. CONSUL TANT personnel will be expected, if possible, to conduct work in person in the project area. Travel expenses to Indian River County and the project site are included in Basic Services. Regardless of the CONSULTANT'S office location, the CONSULTANT MUST provide telephone access for 'owners, tenants, and other parties directly impacted by the project. This can be accomplished through local services to any established field office, or accepting long distance collect calls, and/or establishing a toll-free telephone number at a headquarters office.

3. Compensation to the CONSULTANT for certain miscellaneous and direct out of pocket expenses are provided for in Section V of the Master Agreement.

4. The CONSULTANT shall make available any person employed by the CONSULTANT for work on this project in any capacity to testify in any eminent domain proceeding when requested by the COUNTY through the CONSULTANT.

5. CONSULTANT shall comply with the COUNTY'S invoicing system such that all amounts billed to the COUNTY can be related to the activity and/or parcel involved. .

6. The CONSULTANT Project Manager shall attend meetings, public hearings, and consult with local officials as requested by the COUNTY or the CONSULTANT.

7. The Consultant Project Manager or his or her designee shall be available for project decisions during normal business hours. Consultant personnel shall be present during all business hours (8:00 a.m. to 5:00 p.m. Monday- Friday); so that at least one employee is available in the office at all times. This excludes holidays observed by.the County:

8. Consultant shall prepare a response to the County Project Manager for all audits and/or quality assurance reviews, if requested.

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COPY 9. Consultant shall provide written requests and supporting evidence for any

documents needing changes (ex: name changes, death, transfer of title, etc.). These requests shall be directed to the appropriate department through the County Project Manager. The County will be responsible for completing all updated title searches

. prior to closing 9r submission.of suit.

10.. The Consultant shall be responsible for notifying the County in writing that an Outdoor Advertising sign(s) (ODA) need(s) to be purchased or moved. This notification should be directed to the County Project Manager as soon as possible.

11. · The Consultant shall provide written certification to the County that all policies; procedures, and statutes were followed, ·

12. Consultant shall call to the County's attention any errors or deficiencies noted in information provided by others to assist, to the practicable extent, the County in the identification and resolution of same. Information referred to above, includes, but is not limited to, right-of-way maps, drawings, legal descriptions, sketches, title reports, title infonnation, construction plans, and the like including all other information to be provided to Consultant by others and necessary for the execution of Consultant's work under the Agreement. .Consultant shall be entitled to rely upon that information which may be provided by the County or others on behalf of the County, as being full, true, accurate and correct, and therefore, Consultant shall. have no liability for the accuracy and correctness of such infonnation. It is the County's intention, however, to hold Consultant fully responsible for verifying and obtaining information concerning the status of title that is available to Consultant during on"site inspections of the individual parcels, and to the extent practicable verifying documents and information provided by the County and identifying obvious deficiencies concerning same. The Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed under this Agreement. Toe Consultant shall have full liability for any information provided by any of their consultants.

Title Reports

County shall obtain title reports for all parcels. Updates will be provided by County's title company and/or the County Attorney's office: County, will be responsible for "gap searches", i.e., title searches of updated titles that are less than ninety (90) days old as of the date of closing. .

Appraisal/ Appraisal Review

Consultant will provide real estates appraisals and appraisal reviews, which will be prepared in accordance .with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (and all amendments thereto), USP AP requirements and all applicable State laws. The projects are not FDOT projects, and FDOT procedures do not have to be strictly adhered to.

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COPY Acquisition

a) Negotiations: Consultant Shall

i. Establish and maintain an accurate and complete working :file for each parcel utilizing the County's numbering system, while transmitting all original documentation to the County Project Manager upon completion of

. the file by closing or Order of Taking. All written material must be typed or legibly printed or handwritten.

ii. Review any title searches provided by the County and verify all title work through confirmation with the owner and corroborating any discrepancies through county property tax rolls and any other necessary records.

iii. Review right-of-way maps and construction plans provided by the County.

iv. N oti:fy affected parties ( owners and business tenants) of rights to appraisal, construction drawings, attorney's :fees, costs, and/or business damage reports pursuant to Florida Statutes. Consultant will be responsible for obtaining correct mailing addresses for owners/business tenants. The letters, which will be sealed and ready to send, can be brought to the County for mailing, or, with the County's approval will be sent directly by the Consultant at our ex:pense. A copy for County staff will be provided; various internal lists/memos will also be required.

v. Make follow-up contacts in person or by phone to owners/business tenants notified to ensure receipt of letters, answer questions and/or explain the contents of the letters, whenever necessary.

vi. Verify that legal descriptions, right-of-way maps, and appraisals conform and corresp~nd.

vii. Make contacts prior to initiation of negotiations, to the extent possible, to o.btain subordinate interests of lien holders and tenants and to provide information to property owners and displaced persons as necessary.

viii. Initiate negotiations by making purchase offers based on the appro'{ed appraisal. An offer to acquire an uo,economic remainder and/or retention of

· improvements may be necessary. The first offer is to be made as soon as possible upon approval of the County. ALL OFFERS FOR PURCHASE MUST BE APPROVED BY COUNTYPUBIJC WORKS DIRECTOR OR ms DESIGNEE PRIOR TO MA.KIN'GTIJE OFFER TO THE PROPERTY OWNERS.

ix. Issue all applicable notices in accordance with. State and Federal laws, policies and procedures, if necessary. Consultation with the Co'Ullty Public Works Director and/or bis designee to waive certain policies shall be conducted.

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COPY x. Conduct negotiations for the acquisition of each parcel in accordance with

all County policies and procedures, making a thorough effort to obtain negotiated settlements/purchases. Unless dictated by extenuating circumstances at least three (3) contacts· should be made prior to suit submittal, unless otherwise instructed by the County.

xi. Thorough documents of all contacts with propeey owners and/or their representatives on appropriate contact records, forms and correspondence,

xii. ODA signs as well as any signs purchased in the appraisal a:re to be handled in accordance with the County's Procedure, which may include multiple offers on one parcel.

xiii. All counteroffers made to the property owner or their representative must be made in writing, when applicable, and approved by the Public Works Director.

xiv. Comply with current eminent domain procedures with respect to condominium common elements pursuant to current procedures in the FDOT Right-of-Way manual

xv. Make updated offers in accordance with County Procedures.

xvi. The Board of County Commissioners of Indian River County must approve all purchase agreements after negotiations are complete.

b) Business Damages:

i. The parties agree that the properties covered under this work order may involve Business Damages. If at some point during this work order Business Damage expertise (CPA) is needed, the parties agree. that it is included under this work order as an hourly rate.

c) Settlements and Closing: Consultant Shall

i. Receive counteroffers from property owners or 1heir representatives for consideration by the County. The County Board of County Coi:nmissioners has final authorityfor approval of all settlements submitted by consultants.

· · ii. When appropriate, prepare justification and recommendations for administrative settlements and submit suchreco=endations to the County Project Manager for further handling.

iii. Conduct all necessary closing, including closing with the owner oftenantowned improvements/ODA structure, and all related activities including, butnot limited to satisfaction of all liens and encumbrances, recording of all title documents, collection and payment of prorated real estate taxes and execution of IRS Form. 1099S. The Consultant will follow County procedures regarding 9losings. Title insurance is not a requirement on all parcels, but the County may elect to obtain title insurance at its' own cost.

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COPY-d) Suit Preparation and Legal Support: Consultant Shall

i. Review title search provided by the County; verify and update the most current title update provided by the County, obtain all suit information from property owners and comply with'the Florida Public Disclosure Act. (The Consultant will follow County procedures regarding suit information submittal.)

ii. Prepare and submit Suit Packages to the County Attorney's Office, unless otherwise directed, by the established due date, for final preparation, styling and filing by the County Attorney's Office, or, if elected, by our legal subconsultant

iii. Consultant shall be available through Order ofTalcing which will constitute completion of the suit service, unless Consultant's legal services are requested. and then our Legal sub-consultant and/or Business Damages ,E:,cpert will be available through trial and the conclusion of the supplementary proceedings.

e) File Transfer

Unless otherwise instructed. file transfers shall be conducted in the foUowing manner:

After sixty ( 60) days, but no later than ninety (90) days after title has transferred, and the parcel has been thoroughly reviewed, the working file for each parcel is to be-physically turned over to the County into the official records files.

RECORDS MAIN1ENANCE Consultant Shall

a) Receive, appropriately process, and handle Florida Statutes Chapter 119 requests under the supervision of the County Project Manager and the Office of County Attorney.

b) Maintain all files and distribute all documents in accordance with the requirements of the County. All original documents are to be held in the ftle maintained by the Consultant and turned over to the County upon completion of the file.

c) Turn over all :files to the County upon completion of the project.

d) Make all files accessible and available to the County Project Manager during all business hours for the life of the project.

PRODUCTION CONTROL: Consultant Shall

a) Develop and maintain a production reporting system tracking all critical events; both scheduled and actual, for each parcel on the project.

b) Report, prior to monthly production meeting on the complete status of right-of-way · production on projects. A monthly production meeting with the County's Project Manager and appropriate Consultant personnel is required, as a minimum, to related current status of overall project schedules, noting exceptions and suggesting actions required to correct schedule exceptions.

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COPY c) · Submit appropriate documentation required to input data on production necessary to

maintain the County's Right-of-way Control System in accordance with the County's policies and procedures.

d) Develop and maintaina business damage reporting system, tracking all critical events, both scheduled and actual, for each parcel on the project.

e) Implement a tracking system on a monthly basis to ensure proper entries and corrections have been accurately recorded in a timely manner.

COUNTY RE~PONSIBILITIES:

a) County will furnish to the Consultant a copy of the County's Right-of-Way files for each parcel and shall meet to discuss any procedural issues with County staff.

b) County will furnish any available standard forms required to carry out the technical tasks pursuant to this agreement.

c) County will provide preliminary surveys of potential hazardous waste sites and coordinate with other State agencies to resolve problems relative to parcels cited as hazardous waste sites.

d) County will have final review/ approval of all business damage reports prior to the offer being made to business owner and prior to any settlements.

e) The County's Utilities Section orPublic Works Department will be responsible for any and all public utility relocation.

f) County will, review, approve, and process all requests for warrants for payment on all parcels.

· g) County will prepare and prosecute civil action and/or eviction proceedings against tenants; however, if so elected, these services will be performed by the CONSULTANT'S legal subcontractor. ,

h) CONSUL TANT's legal subcontractor will prepare, style and file all. eminent domain lawsuits subsequent to County's authoriz!ltion. · ·

SECTION IV - TIME FOR COMPLETION After the COUNTY iss.ues a written authorization to proceed, one (1) year shall be allowed for

acquisition (Appraisal, Appraisal Review, Offer/Negotiations, Agreement and Closing or Refusal and Suit Submission) of all parcels.

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COPY SECTION V - COMPENSATION

· The COUNTY agrees to pay, and the CONSULT ANT agrees to accept, a fee for services rendered according to the "Scope of Services Provided by the CONSULTANT," identified in Section ID of th.is WORK ORDER, with a maximum charge under this WORK ORDER of $434,500 not including business damage analysis, legal services or demolition management, which shall be paid on an hourly basis as shown on Attachment B. This maximum fee is itemized as follows:

TABLE V-1- MA:XIMIJM COMPENSATION SCHEDULE

Task Description CONSULTANT'S Compensation

1 Self Contained Complete Appraisals (Summary Complete) $160,000

2 Appraisal Updates (1 per parcel, if needed) $80,000

3 Appraisal Review $24,000

4 Project Administration/ Acquisition $131,000

5 Contingency Fee $39,500

TOTAL MAXIMUM COMPENSATION $434,500

· See Attw::bment A, "Task Services", for' a parcel breakdown of Appraisal, Appraisal Updates, Appraisal Review and. Project Administration./ Acquisition costs.

Appraisals, appraisal updates, appraisal reviews, and acquisition services for each parcel shall be approved by the County prior to commencing work on the parcel in case the County acquires. the parcel directly from the owner by other means. Payment shall be on a unit price basis in accordance with Attachment A for actual work performed. · ·

SECTION VI - .ADDITIONAL SERVICE WORK

, Additional service work shall be in accordance with the MASTER AGREEMENT. Additional service work performed on a time and material basis shall not exceed the unit values listed in the attached schedule (ATTACHMENTB, Hourly and Sub-consultants Expert Services). Lump sum fees for additional service work shall be negotiated. · ·

· SECTION VTI- PARTIAL PAYMENTS

The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work . pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall use the form provided in "ATTACHMENT C," herein. The CONSULTANT shall submit invoices monthly for services performed and expenses incutred pursuant to this Agreement during the prior month.

The CONSULTANT shall submit duly certified invoices in duplicate to the Land Acquisition Agent. .For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred·for the billing period.

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COPY The amount of the partial payment due the CONSULT ANT for the work performed to date under

these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F .S. 218. 7 4(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT'S invoice.

Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSUL TANT by the COUNTY, upon completion of the final task after, final acceptance of the Work by the Public Works Director ..

The Agreement is broken into deliverable units. No payment shall be made unless the Public Works Director has received and approved the work products required under the "Scope of Services Provided by the CONSULTANT," herein. ,·

SECTION VIlI - VENUE

Venue for any lawsuit brought by either party ag?UIJlli; the other party or otherwise arising out of 1his 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.

SECTION IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA .

All conditions set forth in the MASTER AGREEMENT shall control unless otherwise

specified in this WORK ORDER.

Toe· laws of the State of Florida shall govern 1his Contract, regardless of where executed.

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COPY :r:N" WlTN"ESS WHEREOF the parties hereto have executed these presents this __ day of ______ ...., 2006.

BOARD OF COUNTY COMMSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature) Arthur R. Neuberger, Chairman

Approved byBCC ___ ~---

ATTEST; Jeffrey K. Barton, Clerk ?f Circuit Court

Deputy Cieri<

ufficiency:


AMERICAN ACQUISITION GROUP, LLC 5600 W Mariner Street, Suite 104

1rampa,Flo1:~9 ~

· · L(S1gnaii#e"J"1{ . Wlllio.m C Mllkt, Execuiive Yit:e Prl!4i4ertt

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INSERT ATTACHMENT A HERE

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.

larxl Ao:jul!Hlon Servlres Ameri::an Acqulsll.ion Q-oup LLC

ATTACHMENT A

SR 60 and 58th Avenue Roadway Improvement Project P.aroel Analysis and Fea.Sdladu!e

Pan::e1 Dasafp1ioo Aoqvisll!ooi .and A;,praisat Comments Eflgfaeeringil.andpfanfling Cof!l'Tienls Appratsal

SHA :f dmlgular fee t3kirg in NE comer adjaooll\ lo Homa Depot - Ev;iaale potemlal stormoarer pooding in area of take; no

CRF ~her IX - 20 a,::re nrat'lgfl grove IAppralsat of Land Only sl:ak:hes pr,ovidad S4,200.oo Sirlp taking { fll' variable wldlh} on 5001 Ave up to parking; 23 paii;lng spaces hit In take. 20 more rost to refiaca lrcE oo 4 enfrances on SR 60 and on M1h - Before & After land~pB !!uifar; s'ketehes to muds eotlre property wllh SR

Home: Depot- swmrner601'58 !Appraisal 60 800 51!-lli accesses $12,000.00 No parkfng hit with take; 12 spaces 1ost to replace landscape

Smpia!lng {4' 'Mdlh) on 5!1-ih Ave. In f.andscar.ng /TCE at Duffel; sketches -to include en11re property with SR 50 and 5B!t Target-nw<:omerBDl58 tlrPIEI on SR 50 aid 2 on 56th Ave - Before & Mer Appraisal aroesses '512,000.00

Sb:mrr.-niJes, OM drive t:losed. throat reduced al remaln!R;J Sttlp 'laklng (16' varialie \'111:Rh) from comer up 581h Ave drlve. and 13 spaces impacted with 'lake~ s!ie cirou1alion. fu,rough re1enfio11 area and a rew paridng spaces. closes one slormwalar, and more parking Impacted wllh replacing

Wachovia Bank- rrnromerof 60/58 drtve along 681h - Before & After Appralsaf lan:lsca_pe buffer $9,etJO.OO

S1rlp tikmg (25' l/rlcf1h) lhrouQh ht row of parkl!YJ a'kmg 58th 24 parking spaCi:<S 1n fa);e, .site-clr-culalion aid 2 more spaces and at oomer; TCE at drive on SR 00 - Before & Aft.er lost kl replace landscape. buffer; d111/81,'ra.y throat reillfCed on.

Walgraens • .sa coroor60/53 &npra15al 5Slh $11,400,00

$fflll tafdng (1 O' ·width)komer clfp - mostly. a1orG rurfl- of parking rot may impacl 2 parJdng spaces ~nd fands.:aplng - 2i parliiig- spaces 'lata.\;e, siteclr.:ulalion ar.d 1 more spaca

But!letKing Sefi:lre & After A;lpraisa'I impacfed Io replace lamlscape buffer $9,600.00

S1rip iakmg (1 O' vadabl'e 'Mdih) along SR 00; lan!lsclll)lng up •rive thru lane Impeded wllhiake, &:£.:Rlona[ d~ thru lane{s ;Bank of America tn a.ut1 of parl:ing fol- Before & Afler Apprafsaf lmpaded t-o replace land.scape buffer -$9,600,(10

R:.i.arM1ood Shopping earner - nequad 1 t,;E on 2 drives on-5B1h and 1 on SR oo - Easements Drive if!roafs aoo lslallds lfll!acted mlh TCE's; sketches to

'°'60/5• Appraisal Include entire property \\ih SR 00 an:I 551h accesses -$1,800.00

e,• strip laklng: resi:Jence m dose proJCl'mlb' - U!D:! & Affecled 11.and'plannlng repedforhlghest arid best use; oo sketches

·GussleJonas- S~leFam1yo.eftl!I lmprowments Appraisal provided ss,aoo.oo ·6" ..a• sql- laking; -resfdenoe In close proxirrily- Lan:i & •L.!nd';:lannlng repoo for highest and best use; no ska1cbes

·r,1ariii Ash,:k,wn - st,ie Famlf o• al~ lmprcvemeo'ls Affeded Apprafsal provided $3,600.00 laidplannlng report Jot highest and best use; no ske'lcbes

[Ouang N,..TI.....,, - sqleF'am'fyO..e!iov •6" s.1rlo laklng- Land & Affecled 1mproveman1s Appraisal provided $3,600.00·

l!Ruby Toe.sday Sirfp ta~ (1 O' wlcllh) -1andscaplng - Land & Affected No parklng hit wi!:h take; evaluate potential s'lorm11at-er lmprevements Appraisal jXll'ldf,ig in area of tate; oo statches ·provided $5.400.00

Evaluate parking and site-clfCfJ!aHon with redm:~ In lhroaf;

llveroSubsl:a1lon Comer dip - Bel'ole & Aftef ApprasW due Ul parkinglbuffer 1paEklng area rost mu:i rei:tac1ng laOOscaping buffer; skdche& IO b'.:lude entire property s10,ooo.oo

CRF P.anthef X • yac:ant land on 58th, U!lldplannlng report for highest and best tlSe; no sliieCdles s.otrlJJ of SR 60 $1Jip1ar.:lng t:25' ..,arlaMe1.rl.flh)- Land Only Appralsaf ,provided $3.000.00

land'plarmlng report r« higbesl: and best use~ no ske4ches Sams East •<luip3reel on 58tl, Strlp t.a\lng {25' wldlll}- l.snd Only Appraisal. provided $3,600.00

Sams (::luh ~ Sams & WaJmarton SR Strlp l:a):lng (36' wi~III} on 58th; TCE a1 drfi'e an 58th - Before •rlve-lhroat impacted 'IJilh TCE; skelches to !ncltP:l'e enlira 60 & Aftef Appr.alsal propetfy vllfh SR 130 an.d 581h ac,cessSll $11,400.00

No parking hit with tate, 15 perldl)J ard site c!roo!atlon !08' to C-onCt", Inc:. - outparoel fmpr,:wed with Strlp tifi:lng (25' 'o'arlaNe \\id1h} along 5ath Ava - Land & replaos landscape buffer_; randplannlng tepo,l fur higltesl: and parkl~ adjolntng restaurant Improvements Aflecled lfiM'ai:sal bestusa. $4.-800.00

Slrlp, iafi:lng (25' varlaNe wkJ1h) - Impacts par'klng along 58th t 1 -parking space 800 Sile CYC!!lalim lmpad~d v1ilh take, 'Sl!a

!lllol"l!lrl'1.l..isfd - 1Mngs. af JO'/ IAve. - Before- i. After AJ)prafsal drculatlon and access impacla~ to- rei:face !andsi:apa blllfer $9,600.00

po S1rip 1aklrlg (6-'-6' mdth) on 58th Ave and comer dip; No parklrg In ta'ke; ~ C.Culallon Impacted to Fei}lace !),!) landsoaplr.g oolv - lffl:I' & ,lllfl'O\'emeMs Affected Appraisal 1,;;;id51:apa iluffer, site sketches to ln:;lude entire pro,::erty $6,400.00

Copy IO

1 App ... al Geoeral Appraisal ProJe&t

Upda,B@ Acfmlnislralfoi. Total 50%ofree

Conhacior Rel'IFitr AcqlllSiflOn

BHA Barnes = MG !nduded'ln

$>.100 apnralsal 51,000 $4:.000 $11,,lOcO;

Included ih

$6.000 appralsal $1000, SB,000 $21,IIOO

Included in $6.000 appralsal $1,009' SB,000 $27~··

included In $4,800 appraisal $1.(X)l $1000 $2:t,.«IO

~In $5,700 ·- $1,000: .$3-,000 $2&,100

tndudei:I In .

$4.ioo awrarsa1 S:1,000 $8.000 $23,400, lndudedl11

$4,000 apprarsat $1,000 $8.000 $23,400-lndudedtn:

$900 appraisal $1,000 $>.000 $5,700

Included in $1.000 appratsal 51,000 $4.000 $10,4~0-

Included in $1.800 aporalsal $1,001} $4,000 $10-,ADD

iocluded In $1.000 B""r.alsal $1,000 $4,000 $10,400

11\ciudedfn $2.700 .appralsal $t.ooo 5&,000 $17,tBO

incluOOdln $5,000 ap,pralsal $-J,ODlt 54,000 $%(1-,000

inc1irded'ln 51,800 -isal $1,000 $4,000 $1€1,4:00

inc1ffedln $1,iSOO appraisal $1.0DD 54,000 $10,400

inc:tooetJ In S5,7!)0 appraisa1 ·:s1.00& $5,000 $:23,100

lndt!Ged ii. $2,4DD apprnEsa'I $1.0Xt S4,000 $12.,200

fnOOded In $4,800 a(lnrafsa1 $1.000 SS,000 - $23,400

iJlcflld'ed' In $2,700 appratsal $1,000 ~.ooo $17,100

INSERT ATTACHMENT A HERE

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Land Acqmsmon.Serv1ces Arnerfcan ,l¼qtf,silioo Group Ltc

ATTACHMENT A

Dolores Pe-see 4 Sti.ie F.imfr!h-mfril

Ruth Sll"Ja - S11lll-lfa11!y a..,e11~

Dooald Yawn- Snltfl~lrCNil!H•e lndran rover Count~

Wesbnlnlstar Chur<:h

P.alm Esla1es ~ HOA buffer

Ap_prals;ril, Appralsal Update • .Appra1s;al 'RB'tklw: ApJJ rafs;al TH~ny:

Expense!::

rs.)

00 .J::i,.

SR 60 and 58th Avenue Roadway lmprovem;,nt Project Pamer Analysis and Fee Schedute

S1rlp 1aklng {18' wldlh) along 5!Hh Ave: residence 'In o'lose. Planning r-epolt 10 i:lisruss before and alter site for existing proxfmlty- Before .and After Appraisal land use and zonlng; no skekhes fnG!uded S1rlJ:! iaklng {1 B' wldlh} along 581h Av-enae ~ severs house - Plannfng repoift ro di:&::uss before and alter site for ex!&lna Before & After Apor.alsal land u.sa.an:I ~ no sketches rnc'luded S1rlp 1ar.:lng {1 B' wldlh) along OlUh AVi31nue-Mu.re one tot was\ ef road; taklng may <lamege one lot-Land & Aife~ed Planning reJl(»l lo dfscUSs before and after SM for ax!Stir@ lmprmremen!sAJ!pmisal land tisa &>izooing; no ske~has fndooed $1rlp lal<lng jASSllMED NQT A PARCEL FOR MG> Sl!lplal<ing

Grass perking and landscape buffei Impacted \'lith tal:e; Siriptal:intl (18' width} along $Uh Avenue -lanrt~ only - addil.ioo:!J parking aoo sife drculab lflll'!lC!ed' to rejla::e Before & Ail:er A~pralsal

TCE at dn\le on 511h Ave- Easement Apnraisal

Lllmp StlOI BHlable Units Upon Compleficn ,of Report 2MB - -$13S.!59Jhr 2007 • 1MU91hr

Auto SDD.!4/mila FEOEX S1S.B!Npackage CGplas $G0J13/pap.

landscape buffer. s\atches fncfude erulre pron,,,ey •m'a lhroat lmpacled with T.CE; sketches lo frdt:l'e ermte propert; with aeress.

1. This f,ee qoote- Is- based upon 30% Plans provided hy IRC. and, AAG res,er,res the- fight to smand '!his fee qoole ba$ed on any revls.l!mS lo said p1aliS,

2. The appraisal fee quole- doe$ not 1nduda an EnvlronroonlaF Expert, a!ld. all parcals. wil be appraised as clean, 3_ The ajlf!faisat feeqllOCa does nof incltxSe an Etlg!neer«

• Land Planner, \!\ll;an nee>.!ssary. at 'Ille requasl ofttl& J,ppraisar, Englneem!g and Land Prannfng ser.i:es wl!! be provided by the eoomy.

$4,800.00

$4.-BOO.OO

$4,200.00

$9,60D,00

$1,800.00 ,t, .. .,,,.,rv.,nnr,

f1

Included in $2,400 eporalsal $1.000 $4,00D S12,2.00

W.::luded rn $2,400 appr.isal $1.000 $4,000 $12,200

fndudooln $2,100 apprafsal $1,000 · $4.000 -$11,301)

$0

!ncfuded bt $4.000 1 appraisa£ $1,DOO $4,000 $1'&,.(9;1}

Included iit $900 appralsal $1:,000 $4,000 $7,700

.. Dn.nN'I •• e"JA nnn $flt.OOO .$J-'&S01JD[I.

Con'fingem:.y .r1-:::.,.,. $39,5<10

TOTAi.FEE QUOTE $434.500

4. Fees are based on ttw soope of .servlc:e,; as. Olt'lllned fn Section 3. An'/ Land P!annlng. Englooerlng experts. Swvey andfor Befora ar,d After Sita Plans ara the raspanslbRity of the Colin()'. 5. Fees are based onnaerealing a 10-focd landscape buJferlcH1ew right .of way If reduced 'hHess '!hart 10 feet, vdess IRC eb'lalns, at ttiefrawntirne.and 8X'.l)al!Se, a!Y)'walver.s from 1RC Zonlng Departmenl

()

i -<

Attachment B

Litigation Support Attorney $144.24 to $185.00 hourly Paralegal $70.00 hourly Travel Time/Expenses N/C Telephone Expenses N/C

per Photocopies $0.25 ·page

per Facsimile $0.25 page Postage and delivery at Invoice Litigation Expenses at invoice

CPA Services Principal $165,00 hourly Project Manager $125.00 hourly Staff $90.00 hourly Expenses included

The above rates exclude any sub-contractual experts the sub-consultants may need to enlist.

Demolition Management $100.00/hour Demolition Management scope would be to oversee Property Management issues such as preparation and advertising (cost of advertising at net invoice) of bids, analyze and recommend awards and Property Management inventories. ·

Expert Witness Testimony Appraiser $136.59/hour

$140.69/hour 2006 2007

J: 103.()o:l.3 Indian Rivot CoUDty\SR60 & 58th A ve\Conrract J,.fo\AAG W otk Order 4 Finol.doc

4

285

ATTACHMENT C CONSULTANT'SAPPLICATIONFORPAYMENTNO. __

for Right-of Way Acquisition Services

To: INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT Contract for WORK ORDER NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT -INDIANRIVERCOUNTY-________ .....: . . . INDIAN RNER COUNTY PROJECT No. 03-100 For Work accomplished through the date of _________ ..;_ ___ _

Percent Percent Contract Complete Complete

Task Amount From This Pay (2) Previous Pay Request

Re uests (3

· TOTAL GROSS CONTRACT AMOUNT DUE TI:IlS PAY REQUEST AMOUNT OF RETAINAGE

(! 0% of Total Gross Contract Amount Due This Pay Request) CONTRACT AMOUNT EARNED TO DATE

Total Gross Contract Amount Due This Pa Re uest minus Amount ofRetainage TOTAL AMOUNT PAID TO CONSULTANT PRIOR TO TI:IlS PAY

· REQUEST AMOUNT DUE TIDS PAY REQUEST

(Contract Amount Earned To-Date minus Total Amount Paid To Consultant Prior To This Pa Re uest)

(1) Attach copies of all invoices for Reimbursable Expenses

J:\O;l.()023 Indian River County\SR60 & 58th Ave\Contract lnfo\AAG Work Order 4 Final.doc

5

Gross Contract AmountDue

This Pay Req-qest 2x3

)

( )

286

CONSULTANT'S CERTIFICATION:

THE UNDERSIGNED CONSULTANT'S REPRESENTATIVE CERTIFIES that I have checked and verified the above Application for Payment No. __ and that to the best ofmy knowledge and belief, itis a true and correct statement of work performed and/or material supplied by the CONSULT ANT; that all work and/or materials included in the Application for Payment have been inspected by me and/or by my duly authorized representative or assistants; that it has been performed and/ or supplied in full accordance with the requirements of the referenced Contract and with sound consulting practice and judgment; and that the payment amount claimed and requested by the CONSUL TANT is correctly computed on the basis of work performed and/or materials supplied tp date.

Tim UNDERSIGNED CONSULTANT'S REPRESENTATIVE ALSO CERTIFIES that a11 previous progress payments received from the COUNTY ori account of Work done under the Contract referred to above have been applied on account to discharge CONSULTANT'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ · inclusive; and if this is a Final Pay Request, I further certify that all persons doing work upon or furnishing materials or supplies for this project under this foregomg Contract have been paid in full.

Dated _________________ _

CONSULTANT: American Acquisition Group, LLC 5600 W. Mariner Street, Ste 104, Tampa, FL 33609

CONSULTANT'S REPRESENTATIVE: _______________ _ Name and Title:

State of Florida. County of Indian River. Subscribed and sworn to .before me this ____ day of ________ , 200_.

Notary Public My Commission expires:----------,.-------

J:\03-0023 Indian Rivor Couaty\SR60 Ii< S81li Ave\Contract Infu\AAG Work Order 4 Final.doc 6

287

TO:

THROUGH:

FROM:

SUBJECT:·

DATE:


MEMORANDUM

Joseph A Baird, County Administrator /

James W. Davis, P.E., Public Works Director

Christopher J. Kafer, Jr., P.E., County Engine

Professional Engineering Services i\greement, CR 512 Corridor Improvements - IRC Project No. 9611 Addendum No. 9 (Masteller & Moler, Inc.) ·

May 1,2006


1l,.blic Works

/) J: d--.

Indian River County entered into a Professional Services Agreement wi1h Masteller & Moler, Inc. on January 21, 1997 for design services for four-lane widening of CR 512 from I-95 to Roseland Road. Since that time 1here have been eight addendums to this agreement.

Attached please find Addendum #9 from Masteller & Moler, Inc. As shown on the addendum, the additional services are for modifications to the design and survey due to the modifications performed at 101st Avenue and CR512 (left tum lane added on CR512).

The additional lump sum cost for these services is $4,825.00.


Staff recommends approval of Addendum No. 9 for a lump sum cost of $4,825.00. Funding will come from 10115341-066510-00005.

ATTACHMENTS

1. Amendment No. 9 to the Professional Engineering Services Agreement (IRC #9611).

DISTRJBUTION Jndian '8.iver Coon

2. Jason E. Brown, Budget Manager Administration 3. Masteller & Moler, Inc.

Bud et

APPROVED AGENDA ITEM Risk Mao ont

Publio Works

Engineering

F:\l>ngioocring\Capitll Projocts\961 I.CR 512 WidCDing\9611 BCC Agn•Addendom #9 05-02--06-cjk.doc

288

ADDENDUM #9 TO CONTRACT DATED JANUARY 21, 1997 BETWEEN INDIAN RIVER COUNTY AND MASTELLER & MOLER, INC. FOR CR 512 PAVING & DRAINAGE IMPROVEMENTS-PHASE IV INDIAN RIVER COUNTY PROJECT #9611 . COUNTY ROUTE 512 CORRIDOR IMPROVEMENTS ROSELAND ROAD TO I-95 INDIAN RIVER COUNTY, FL

Indian River County staff has diligently attempted to secure right-of-way from various property owners along County Route 512 for construction of "Four-Jane Roadway Improvements" between Roseland Road and Interstate-95 based on the original. Project design. AB a result of difficulties eicperienced with the right-of-way acquisition process, the County has made a decision to realign portion of the proposed roadway improvements. ·

This Addendum for Phase IV will be defmed as follows:

Perform update of approximately 1,800 linear feet of the existing Route Survey for County Road 512, Phase IV, Indian River County, Florida and revise Contract Plans and Cross Sections in order to correctly reflect existing conditions.

Topographic Survey and Plan Revisions include the following ..

1. Perform cross sections of approximately 1,800 linear feet of the recently repaved and regarded areas in the vicinity of 101 st A venue within the limits of the Phase IV County Road 512 project

2. Update the existing route survey and Contract Plans to · correctly indicate existing . conditions. ·

We propose to perform the Scope of Services outlined under Task A for the following lump sum fees:

Land Surveying & Plan Revisions $4,825.00

We will complete the above described Scope of Services in a diligent manner after our receipt of written authorization to proceed from Indian River County.

IN WITNESS WEEREOF the parties hereto have executed these presents this · __ _ day of ___ __, 2006.

MASTELLER & MOLER. INC. 1655 27th Street, Suite 2 .

By: E~~J.~ifEE President

' 1 - .. )\~· Attest: · ~·r,td .()~1zf'' · Vir . D. Kling

Filo #~649 (addon/19 _rov. 04Z706.doc)

INDIAN RIVER COUNTY COMMISSION Indian River County, Florida.

By:------------Arthur R. Neuberger Chairman

Attest: __________ _

Jeffrey K. Barton Clerk of Court

289


MEMORANDUM

p1,1.blic Wo(k.S .

n:r,3

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


James W. Davis, P.E., Public Works Direct.~-.r;

Clifford J. Suthard, P.E., Project Engineer

Repair/Replacement of the Wabasso Causeway Fishing Piers Hardesty & Hanover LLP Work Order HH-1

May 9, 2006


On 1-16-06 the FDOT's bridge inspection consultant inspected the Wabasso CauseWl!Y east and west fishing piers. The subsequent report identified several significant deficiencies and failures, conseque,ntly the FOOT recommended closing the East pier in it's entirety until it il:I replaced and the west pier be repaired immediately to maintain It's service and possible closure until repairs are accomplished. It is therefore necessary to implement restoration of the piers as soon as possible.

It was determ.ined that Hardesty & Hanover LLP of Sunrise, FL are experienced at designing bridge repairs, have done work on the Causeway piers in the past and have a current FDOT contract. They were contacted and agreed to a work order under the terms of the FOOT . contract. Therefore a work order for the necessary services for this project was developed and reviewed by the County Attorney's Office.·


It is recommended that the attached work order HH-1 with Hardesty & Hanover LLP in the amount of $20,155.87 for the preparation of contract bid documents to repair/replace the fishing piers be approved. Funding will be from account 10921441-066510-02020.

ATTACHMENTS

Copy of FOOT contract with Hardesty & Hanover LLP Two original executed copies of Work Order HH-1

DISTRIBUTION

Jason Brown, Director, Office of Management & Budget

APPROVED AGENDA ITEM lndion River Coun

Administration

Bud et

Lo al

PublioWorkG

Date

F:\Publip Worl<s\Cllff Suthard\Wabasso Causeway Fishing Bridges Repairs\BCC Agn-Agenda WO HH-1·5·2-06.doc 290

.~ ' -~

WORK ORDER NUMBER HH-1 FOR

DESIGN OF REPAIRS TO WABASSO CAUSEWAY EAST & WEST FISHING PIERS

This Work Order Number HH-1 is ·entered into as of this _ day of -c------' 200_ by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Hardesty & Hanover LLP ("Consultant") pursuant to that certain Standard Professional Services Agreement [Contract No. C8E76; FDOT Financial ID No. 25061523202 dated March 22, 2005 ("Agreement"), by and between State of Florida Department of Transportation ("Department") and Hardesty & Hanover LLP as Consultant. ·

1 .. Pursuant to the Agreement, the Consultant hereby represent~ and warrants to Indian River County, Florida that:

A. the Agreement is attached hereto as Exhibit 1 and incorporated herein by this · reference; ·

B. Consultant will perform the services set forth in Attachments 1, 2, and 3 attached hereto and incorporated herein by this reference for Indian River County, Florida under all of the terms and conditions of the Agreement;

C. All references to Department in the Agreement shall be deemed to mean Indian River County, Florida

D. Consultant will submit all payment invoice(s) to Indian River County, in form satisfactory to Indian River County, Florida; and

E. Indian River County, Florida, will be named as an additional insured, or afforded coverage under, as applicable, on all of the types of insurance set forth in the Agreement.

2. In accordance with applicable Florida law, the COUNTY has selected the Consultant to perform the professional services set forth on Attachment 1, 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 Attachment 2, 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 Attachment 3, 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 the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the appropriate terms of the Agreement shall be deemed to be incorporated in this 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.

291

CONSULTANT

. Ha~~esty & ~anover LLP. 1

(}

By ~Q-/Jllo!M lltle: . l&rjMr


By_...,......-.,,,......,.....---..,,...,...-,--'--Arthur R. Neuberger, Chairman

Attest: J.K. Barton, Clerk of Court.

By ___ -,-_______ _ Deputy Clerk .

Approved:

[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]

292

ATTACHMENT 1 TO WORK ORDER HH-1 PROFESSIONAL SERVICES DESIGN OF REPAIRS TO

WABASSO CAUSEWAY EAST & WEST FISHING PIERS

SCOPE OF WORK:

BACKGROUND: On 1-16-06 the FDOT's bridge inspection consultant inspect the Wabasso Causeway east and west fishing piers. The subsequent report identified several significant deficiencies and failures, consequently the FOOT recommended closing the East pier in it's entirety until it is replaced and the west pier be repaired immediately to maintain it's service and possible closure until repairs are accomplished. The scope of this project entails professional design services to provide restoration/replacement of the piers.

SCOPE: CONSUL TANT will provide the following:

1. Inspect East & West Piers to locate all deficiencies 2. Contract Plans - 50% and Final Submission with cost estimate 3. (2) Plan Review Meetings

Contract Plans and associate Specifications as anticipated and provided by the CONSUL TANT will include the following drawings:

1. Key Sheet 2. General & Structural Notes and Table of Quantities 3. Plan & Elevation and Typical Section 4. Bulkhead Repairs/Sidewalk undermining 5. Pile and Pile Cap Repair ~ocafion Plan and Crack Repair Detail 6. Pile Cap Reconstruction 7. Beam Repair Location Plan & Repair Detail 8. New Beam Details 9. Deck Section Details 10. Deck Repair Location Plan and Repair Details 11. Railing and Lighting Details

As per the 1-16-06 FOOT inspection report, the CONSULTANT will include the following · repairs in the contr!'lct plans: .

West Fishing Pier:

Top of Deck: Patch all concrete spalls, seal all cracks wider than 1/32", clean and seal top of deck with a penetrant sealer. Repla~ lighting system.

Concrete Beams: Clean and seal all cracks wider than 1/32". Remove all unsound concrete, restore exposed prestressed cables, and apply a corrosion inhibitor, patch all spalls.

Replace Beam 10-1

293

.Pile Caps: Remove all unsound concrete, patch all spalls, clean and seal concrete. Clean and seal all cracks 1/32" wide.

Piles: Clean seal all cracks 1/32" or wider.

Approach Sidewalk: Repair undermining

Bulkhead: Remove cracked bulkhead

East Fishing Pier:

Demolition: Remove deck, T-beam superstructure, and salvage existing railing to reuse.

Top of Deck: Replace Deck with new concrete deck, and curbs. Remount existing railing to new deck.

Beams: Replace all Beams

Pile Caps: Remove Pile caps, Reconstruct new Pile cap

Piles: Sawcut piles underneath pile cap and reconstruct piles with pile cap reconstruction. Seal cracks and repair spalls.

Bulkhead: Repair spall on bulkhead cap on south side.

DELIVERABLES: 1. 50 perc!!!nt preliminary design review submittal - provide one copy each of the

above drawings together with one copy of the outlined technical specifications. Also provide quality control comments and opinion of probable construction cost with this submittal.

2. 100 percent construction documents final submittal - provide one signed and sealed copy of the above drawings and technical specifications compatible with EJCD 1996 General Conditions and FOOT Standard Specifications for Road and Bridge Construction latest edition also provide digital AutoCAD drawing files 2005 edition or later with digital word document files of the technical specifications.

3. Conformed sets - After the project,is bid but before the COUNTY awards the construction contract, provide five signed and sealed copies of the conformed contract drawings and five signed and sealed sets of the confirmed technical specifications. Further any revisions to the above digital drawing and document files shall be provided

END ATTACHMENT 1

294

ATTACHMENT 2 to WORK ORDER NO. HH-1 DESIGN OF REPAIRS TO

WABASSO CAUS_cWAY EAST & WEST FISHING PIERS

1. COMPENSATION

The COUNTY agrees to pay and the CONSUL TANT agrees to accept, a not-to-exceed fee of $20,155.87 for services rendered according to Attachment 1 and the attached FEE SCHEDULE of this WORK ORDER. .

2. PARTIAL PAYMENTS

The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work completed per the FEE SCHEDULE and pertaining directly to this project performed during the previous calendar month. The CONSUL TANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month.

The CONSUL TANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSUL TANT, to the total due for this phase of the work. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT'S invoice.

Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSUL TANT by the COUNTY, on or before the forty-frfth day after the date of final acceptance of the Work by the Public Works Director.

END ATTACHMENT 2

295

. '

ATTACHMENT 3 to WORK ORDER NO. HH-1 DESIGN OF REPAIRS TO

WABASSO CAUSEWAY EAST & WEST FISHING PIERS

TIME FOR COMPLETION:

The CONSUL TANT shali meet the foilowing performance schedule:

1. 50 percent review submittal - 42 calendar days after the Notice-to-Proceed is issued.

2. 100 percent review submittal - 28 calendar days after receiving the COUNTY's 50 percent review comments.

3. Conformed construction drawings and technical specifications - 5 calendar days after the COUNTY orders said documents.

END ATTACHMENT 3

296

EXHIBIT 1

Florida Department of Transportation

JEJIIIUSB: GOVE[{N()Il.

Florida Department of Transportation Professional Services Unit-District Six 1000 N.W. 111th Avenue, Room 6202-B Miami, Fl. 33172

March 22, 2005

· Hardesty & Hanover, L.L.P. 15485 Eagle Nest Lane Suite 210 Miami Lakes, Fl 33014

Re: Notice to Proceed District wide Miscellaneous Structural Projects and Minor Design Contract No. :C-8E76 FM No :25061523202 County :District-wide

Gentlemen:

JOSE ABREU SECRETARY

The services for the above referenced project are authorized to begin on March 22, 2005, and will be completed on or before March 21, 2007.

As indicated in the Method of Compensation section of the Standard Professional Services Agreement it is the responsibility of the consultant to report "actual" payments made to DBE subconsultants through the Department's Equal Opportunity Reporting System on the Internet monthly at the time of invoice submittal. Go to the following website address to enter this information: http://custp397.innerhost.com:8080/bi;..webflorida/

For further reference contact, the Project Manager, Luis Amigo at 305-470-5436.

Sincerely,

cc: Financial Services (2 copies) Luis Amigo File

www.dot.state.tl.us 297

STATE OF FI.ORIOA 01:!PA'RTMENi 0FTRAN5F'ORTAilON

STANDARD PROFESSIONAL SERVICES AGREEMENT

Contract No. C j{ ~] (.

375,,020,.12

PROCUREMENT oam

f!1igo 1 of.2

FDOT Financial ID No.(s) 25061523202 -----------------------------------F.A.P. No. -------~----~----~-+r-----....,..-,-.--.,-----------

THIS AGREEMENT, made and entered into this -=::2a....::.J,._ ___ day of 4 w.b ?....005 , by and (rhrs d"" to be entorsd by DOT onM

between the STATE OF FLORI DA DEPARTMENT OF TRANSPORT.A. Tl ON, an agency of t'ie State of Florida, hereinfler oalled the Department and Hardesty & Hanover, L.L.P.

(F.E.I.D. No. 131842518 ) of 15485 Eagle Nest Lane, Suite 210, Miami Lakes, Florida 33014

authorized to oonduct business in the State of Florida, hereinatu;,r called the Consultant, agree as follows:

The Consultant and the Department mutually agree to abide by the Department's Standard Professional Service'!' Agreement, Terms, dated August, 2000 which are available as an appendix to this form In the Department's Professional Services

web site or from the Department's Office of Procurement. The Stan_dard Professional Services Agreement Terms, with the exception of the following non-applicable sections:

are Incorporated by reference and made a part of this Agreement.

1. SERVICES AND PERFORMANCE

A. The Department doe,; hereby retain the Consultant to furnish certain services as described in Exhibit 'A", ·attached hereto and made a part hereof, in connection with · . . District wide Miscellaneous Structural Projects and Minor Design

B. Unless changed by written agreement, the site for Inspection of.work referenced in Section 1.1 of the Standard Prof1;1sslonal Servlcas Terms, will be 15485 Eagle Nest.Lane Suite 210, Miami Lakes, Florida 33014

2. TERM

A. Unless otherwise provided herein or by Supplemental Agreement or Amendment, the provisions of this A)ireem(,>nt will remain in full force and effect·through completion of all services required of the Consultant or a 5 year term

B.

•

from the date of execution of this Agreement, whichever occurs first. -

Check applicable terms

The scheduled project services to be rendered by the Consultant will commence, subsequent ID execution of this Agreement, on the date specified In the written notice ID proceed from the Department's ----------:-----,---,- which notiee to proceed will become part of this Agreement The Consultant will complete scheduled project services within _ months of the commencement date specified in the notice 1P proceed or as modified by subsequent Amendment of Supplemental Agreement.

•

The project services to be rendered by the Consultant for each task assignment will commence, upon written notice from the Department's Proiect Manager , and will be completed within the time period specified in each task assignment. All services performed under this contract will be completed within 24 months from the date of this Agreement. The total fee for all accumulated task assignments may not exceed ..,$...,1, ... 50 .. 0~,o~o'"'o ___ _

The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice·ID proceed from the Department's _____________ which notice to proceed will become part of this Agreement The Consultant will complete scheduled project service$ within _ calendar days following completion of the construction contract(s) with which consultant services are associated. The anticipated length of the consultant services Is ___ months, ·

298

3.

4.

INSURANCE

The amount of liability insurance to be maintained by the Consultant In accordance with Section 4.B of the Standard Professional Services Agreement Termsis "'$2"'5"'0._,0:.::0.:c0•:.::0:::.0 _______ _

SUSCONTAACTS

The following subconsultants ar& authorized under this Agreement In accordance with Section 7 ,A. of the

Standard Professional S,s,rvices Agreement Terms:

DMJM Harris, Inc. FEID# 135511947

5. COMPENSATION

37.5-030-12 PROCUR5MENT

OB,1)2

The Department agraes to pay the Consultant compenei!ltion as detailed in Exhibit "B", attached hereto and made a part hereof,

6, MISC5LLANE!OUS ·

A. Reference in this Agreement to Director will mean the "'D""ist"'r.,ict"----S __ ec __ r"'et"'a'-[>'.'----------------

B. The services provided herein O do ® do not Involve the expenditure of federal Mids. In the event federal funds are involved, Section 9 of the Standard Professional Services A11reement Terms is incorporated bv reference.

C. The following attachments are hereby incorporated into this Agreement as part hereof a$ though fully .set forth herein.

Page ..6::1... through Page ..,A_-. 6--: Exhibit "A", Scope of Services

Page.11.:::l .. )hrough Page B- 4 ; Exhibit "B", Method of Compensation

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above.

Authorized Signature

Ti,.,,. a 'i1 (Prlntrrype)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

(Prlnt!Type)

Title; ~12...tr-.Jf?it:. TIiie: -----------""-----

FOR DEPARTMENT USE ONLY

APPROVED:

Jkn1<lc~/. y ~ional Services Unit

299

1.

State of Florida Department of Transportation STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS

August, 2000

SERVICes AND PERFORMANCE!

376-030-12 F'MCUR.EMENT

Page Ai of9

A. Before making any additions or deletions to tht work described In the Agreement, and before undertaking any changes or revisions to such work, the parties will negotiate any necessary cost changes and will enter into a Supplemental Agreement covering such work and compensation. Reference herein to the Agreement will be considered to include any Supplemental Agreement ·

B. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing in a design capacity and will have due regard for acceptable standards of design principles.

C. The Consultant agrees to provide project schedule progrE1$S reports in a format acceptable to the Depar1rnent and at intervals established by the Department. The Department will be entltled at all tlme;,, to ba advised, at its reque$!, as to U,e status of wori< being done by the Consultant and of the details thereof. Coordination will be maintained by the Consultant with representatiVes of the Department, or of other agencies interested In the projeot on behalf of the Department. Either party to the Agreement may request and be granted a conference.

D. All services will be performed by the Consultant to the satisfaction of the Director who will decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreeme,nt, the prosecution and fulfillment of the servicas hereunder and the character, quality, amount and value thereof, and !he decision upon all claims, questions and disputes will be final and binding upon the partles hereto. Adjustments of compensation and c:ontiact time because, of any major changes in the work th;at may become necessary or desirable as the work progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s) of such a nature as required will be entered Into by the ·part)e;,, in accordance herewith.

In the event that the Consultant and the Department are not able to reach an agreement as to the amount of compensation to be paid lo the Consultant for supplemental work desired by the Department, the Consul!ant will be obligated to proceed with the supplemental work In a timely (nanner for the amount determined by the Department to be reasonable. In such event, the.Consultant will have the right to file a claim with the Department fi:Jr such additional amounts as the consultant deems reasonable; however. in no event will the flllng of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obiigation to timely perform the supplemental work, · ·· .

E. · In the event the work covered by this Agreement Includes the preparation of construction plans, it is undel'$lood that the work may be divided Into two or more construction projects by the Director and that, if this Is done., the Consultant will supply construotlon plans for each project. .

F. · The Consultant is authorized to use the Department's computer facilities utilizing Department programs required for the performance of the services herein. The Consultant will identify the programs required and submit a written request to· the Department's Project Manager for approval.

G. All design worK performed by the Consultant fi:>r projects where anticipated constructi.on cost is one million dollars ($1,000,000) or more will be subject to Value Engineering. The Department further reserves the right to subject projects of lesser construction cost to Value Engineering should the Department deem circumstances are present that warrant such a decision. Value Engineering may be performed at any stage of the design process. Unless specifically identified in the Agreement, the Consultant will not be required to perform the Value Engineering analysis. .

300

375,,oaD-'12 F'~Otu~ME.f4T

PagsA2. 019

H. The Consultant will not be liable for use by the Department of plans. documents, studies or other data for any purpose other than intended by the terms of this Consultant Agreement.

I.· All tracings, plans, speciflcations, maps, computer flies and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be oonaid;,;ed worres made for hire and will become the property of the Department upon completion or termination without restriction or limilation on their use and will be made available, upon request, to the Department at any lime during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department will become the custodian thereof in accordance with Chapter 119, F·lorida statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Department will have the right to visit the site for inspeotlon of the work and the products of the Consultant at any tlme,

2. TERM:

A. Service$ required after completion of scheduled project services, Including, but not limited to, design assistance, construction assistance, and litlgatlon assistance, will be completed within the term of this Agreement at written · direction of the department, Supplemental Agreements may be negotiated for any post project schedule services needed by the Department after scheduled project services.

In the e11ent it becomes impracticable or impossible for tile Consultant to complete the expected services within the term of this Agreement due lo delays on the part of the department or circumslano.>$ beyond the control of the Consultant, the Agreement may be ext.ended. An extension of the Agreement must be in writing. · ·

B. In the event there are delays caused by the Department in approval of any of the materials s.ubmltted by the Consultant or if there are delays occasloried by circumstances beyond the control and without fault or negligence. of the Consultant which delay the $Cheduled project completlon date, the Department may grant an extension of time equal to the aforementioned project schedule delay, as a minimum and not to exceed the Agreement term, by issuance of a Time Extension Letter. This letter will be for time only and doe$ not include any additional compensation.

It will be the responsiblllty of !he Consultant lo ensure at all times that sufficient time remains in the Project Schedule within which to complete the services on the project. In the event there have been delays "'(hlch would affect the project completion date, the Consultant will submit a written request to the Department which identifies the reason(s) for the delay, the amount of time related to each reason and specific indication as 1o whether or not the delays were concurrent with one another. The Department will review the request and make a determination as to granting all or part of the requested exmnsion. ·

In the event time for performance of the scheduled project services explrN and the Consultant has not requested, or if the Department has denied, an ex!Elnsion of the Project Schedule completion date; partlal progress payments will be stopped on the date time expires. No payment shall be made for work performed after the Project Schedule completion date until a time extension is granted or all work has been completed and accepted by the Department if the Agreement term has not expired.

3. COMPENSATION:

A. Bills for fees or other compensation for services or expenses will be submitted lo the Department in detail sufficient for a proper preaudlt and postaudit thereof, The Department will render approv;,I or disapproval of services within five working days of the receipt of a written progress report unless otherwise stated In the Agreement. The progress report will be accompanied by an appropriate invoice.

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B. The bills for any travel expenses, when aulhorlzed by terms ol lhls Agreement and by the Department's Project Manager, will be submitted In accordance with Section 112.061, Florida Statutes.

C. Records of costs incurred under terms of this Agreement will 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 Jl$yment for the work , pursuant to this Agreement is made. Coples of these documents and records will be fumished to the Department upon request.

D. Records of costs incurred will include the Consultant's general accounting records and the project records, together with supporting documents and records, of the Consultant and all subconsult.ants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the Depertrnent for a proper audit of project costs.

E. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement will be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter 14-75, Florida Administrative Code, and other pertinent Federal and Statt Regulations, as applicable, with the under.standing that there Is no conflict between Stale regulations and Federal regulations In that the more restrictive of the applicable regulations will govern.

F. The Consultant should be aware oftlie following time fu!irnes. Upon receipt, the Department has five (5) wori(jng days lo inspect and approve the goods and services, unless the Agreement specifies othel'Wi$8. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the Invoice is received or the goods or services are received, inspected and approved.

G. If a payment is not available within 40 days, a separate Interest penalty at a rate established pursuant to Section 215.422, Florida Statutes, wm be due and payable, In addition to the invoice amount, to the Consultant. Interest penalties of less than omr dollar will not be paid unless the Consultant requests paymiinl Invoices which have to be returned to a Consultant'because of Consultant preparation errors will result in a delay In the payment. The Invoice payment requirements do not start ,until a properly completed invoice Is provided lo the Department.

H. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this Individual Include acting as an advocate for vendors who may be experiencing problems in obtaining tlmely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling ths State Comptrolle~s Hotline, 1-800-848-3792.

I. Exc!'!pt for issues arising from contract Indemnification provisions, the Department will have the right to retain out ofany payment due the Consuttant under this Agreement an amount sufficient to satisfy any amount due and owing to the

. Department by the Consultant on any other Agreement between the Consultant and the Department. The Department may withhold payment on any invoice in the event that the Consultant Is in default under any provision of this Agreement or any other Agreement between the Consultant and the Department ,es of the time of proces.slng the invoice or as of the time payment Is made available on !he Invoice. This right to withhold will continue until such time as the default has been cured, and, upon cure, the Department wlll have the right to retain an emount equal to the damages suffered as a result of the default

J. .It is mutually agreed end understood that the following provision will be applicable to this Agreement if the compensation to be paid to the Consultant, whether by lump sum or cost"plus-a-fixed-fee, will exceed the threshold' amount provided in Section 287.017, Flor,lda Statutes, for CATEGORY FOUR. '

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The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs provided the Department to support the compensation are accurate, complete and current as of the date of this Agreement It Is further agreed that the Agreement price will be adjusted to exclude any signtllc:ant sums by which the Department determines the Agreement price was increased due to Inaccurate, incomplete or non-current wage rates and otherfactu_al unit costs. All sueh Agreement adjustments must be made within one year _following the end of the Agreement. For this purpose, the end of the Agreement is the date of fine! billing or acceptance of the work by the Department, whichever is later.

K. The Department, during any fiscal year, will not expend money, incur any liabili\y, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available, for expen,:liture during such fiscal year. Any contrac:t, verbal or written, made In violation of this subsection Is null and void, and no money may be paid on such contract. The Department will 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 will 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. Accordlng/y, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,

4. INDEMNITY AND INSURANCE:

A, Tlie Consultant will indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense. arising out of any act, error, omission or negligent act by the . Consultant, Its agents, employees, or subcontractors during the performance of the Agreement, axcept that neither the Consultant, 11$ agents, employees nor any of its subconsultants will be liable under this paragraph f9r any claim, loss, damage, cost, charge or expense arising out of any ac~ error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. . ·

When. the Department receives a notice of claim for damages that may have been caused by the Consultant in the performance of services required by the Consultant under this agreement, the Department wll/ immediately forward the claim to the Consultant. The Consultant and the Department will evaluate the claim and report their findings to each other within seven working days. The Department and the Consultant will jointly discuss options In defending the claim. After reviewing the claim, the Department wl/l determine whether to require the participation of the Consultant in the defense of the claim or to require that the Consultant defend the Department In such claim as described in this seotlon. The Department's failure to notify the Consultant of a claim within seven days will not release the Consultant from any of the requirements cf !his section upon subsequent notification by the Department to the Consultant of the claim.· The Department and the Consultant will pay their own cost fpr the evaluation, settlement negotiations and trial, If any. However, ii only one party participates In the defense of the claim at trial, that party Is responsible for all costs, but If the verdict determines that there is Joint responsibility the costs and liability for damages will be shared In the same percentage as that judicially established.

The parties agree that 1 % of the total compensation to the Consultant for performance of this Agreement is the specific: consideration from the Department to the Consultant for )he Consultant's indemnity agreement.

8. The Consultant will have and maintain during the term of this Agreement, a professional liabill\y Insurance policy or policies, or an Irrevocable letter of credtt established pursuant to Chapter 675 and Section 337.106, Florida statutes, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this Agreement In the amount specified In the · Agreement. ·

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5, COMPLIANCE Wl1"H LAWS:

A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the profe$$IOnal's seal/signature, In accordance with .the applicable Florida Statute that governs and Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of executJon of this Agreement, In the event that changes in the Statute or Rules create a conflict with the requirements of the published guidelines, requirements of the Statute and/or Rules shall take precedence.

B. Chapter 337 .162 Florida Statutes applies as follo)Vs:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it will submit a complaint about the violations to the Department of Business and Professional Regulation. the complaint will be confidential.

(2) Any person who Is employed by the Department and who Is licensed by the Department of Business and Professional Regulation and who, through the course of his employinen~ has knowledge to believe that any person has violated the provisions of state professional licensing raws or rules wm submit a complaint abmrt •the vlolallons to the Department of Business and Prole$$1onal Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint will be confidential.

(3) · Any CQnfidential information submitted to the Department of Business and Professional Regulation will remain confldentlal-pursuant to Chapter 455 and applicable state law.

C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, an·d will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability In the performance of work under this Agreement

D. The Consultant warrants thatthe Consultant has not employed or retained any company or person, other than a bona fide employee working solely for th!;> Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any perl!On, company, corporation, individual, or firm any fee, commission, percentage, gift or any other oonslderapon, contingent upon or resulting from the award or making of this Agreement It is understQod and agreed that the term 'Yee" shall also Include brokerage fee, however denoted. For the breach or violation of this Paragraph, the Department ,;,hall have the right to tElrmlnate this Agreement without liability, and, at its dlscrellon, to deduct from the contract' price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

E. The Consultant 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 Consultant in conjunction with this Agreement. Failure by the Consultant to grant such. public access shall be grounds for Immediate unilateral cancellatlon of this Agreement by the Department. . ·

F. The Consultant agrees that it will make no statements, press releases or publicity releases conceming this Agreement or its subject matter or othi;,iwlse disclose. or permit to be disclosed any of the data or other Information obtained or fumlshed in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without ·first notifying the Department and securing its consi;,nt In writing. The Consultant also agrees that It will not publish,

· copyright or patent any of the data developed under this Agreement, it being understood that such data or Information Is the property of the Department.

G. Consultant covenants and agrees that It and its employees wlll be bound by the standards of conduct provided In applicable Florida Statutes and applicable rules of the Department of 13usiness and Professional Regulation as they relate to work performed under this Agreement. Consultant further covenants and agrees that when a former state . employee Is employed by the Consultant, the Consultant will require that strict adherence by the former state employee tc Florlda Statutes 112.313(9) and 112,3185 is a condition of employment of said former state employee. These statutes will by referenc:e be made a part of this Agreement as though set forth in full. Consultant agrees to Incorporate the provisions of this paragraph In any subcontract into which It might enter with reference to the wor1< performed pursuant to this Agreement.

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H. A person or affiliate who has been plaoed on the oonvicted vendor list following a oonvlctlon for a public entity clime may not submit a bid on a oontract to provide any goods or seivices 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 reel 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 iri excel!$ of ttie threshold amount provided In Section 287.017, tor CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list.

I. The Department will consider the employment by any contractor of unauthorized aliens a violation of Sectlon.274A(e) of the Immigration and Nationality Act. Such violation will be cause for. unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs unauthorl;!'.ed aliens.

J. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contact with a public entity tor the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with an)' public entity. . ·

6. TERMINATION AND 01:i"AULT

A. The Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, as follows:

(1) If the Department determines that the performance of the Consultant Is not ,satisfactory, the Department may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified flme; but not less l!lan 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner.

(2) If the Department requires terminatlon of the Agreement for reasons other than unsatisfactory performance of the Consultant, the Department will notify the Consultant of such termination, with instructions as to the effective date of work s-toppage or specify the stage of work at which the Agreement Is to be terminated.

(3) If the Agreement is terminated before performance is completed, the Consultant will be paid for the work satisfactorlly performed. Payment Is to be on the basis of substantlated costs, not to exceed an amount which js the same percentage of the oontraot price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement.

B. The Department reserves the right to oancel and terminate thls Agreement in the event the Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or In conjunction with any work being performed by the consultant for or on behaW of the Department, without penalty. It is understood and agreed that In the event of such termination, all.tracings, plans specifications, computer flies, maps, and data prepared or obtained under this Agreement will immediately be turned over to the Department • The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed In either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of Jhe Consultant to do business with the Department upon any such conviction,

7. ASSIGNMENT AND SUBCONTRACTORS

A. The Consultant will maintain an adequate and oompetent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the state of Florida and may associate with it such suboonsullants, for the purpose of Its services hereunder, without additional cost to the Department, other than those costs negotiated within the limits and terms of this Agreement. TJie Consultant Is fully responsible for satisfactory completion of all subcontracted work,. The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than suboonsultants specified In the Agreement without the written consent of the Department.

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S. The Consultant must state in all subcontracts that services performed by any such subconsultant will be subject to the Professional Consultant Work Performance Evaluation System as defined In Chapter 14-75, Florida Adminisirative Code. .

C. The following provision is hereby incorporated in and made a part of this Agreement when the services provided herein do not involve the expenditure of Federal funds:

It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract will be purchased from the Corporation identified under Chapter 946, Florida StaMes, in the seme manner and under the same procedures set forth in Section 946,515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract will be deemed to be substituted for this agency Insofar as dealings with such Corporation.

The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and Diversified Enterprises, lno. Available pricing, products, and delivery schedules may be obtained by contacting: · ·

PRIDE of Florida (Attn: Sid Administrator) 2720 Blairstone Road, Suite G Tallahassee, Florida 32301 Telephone: (904) 487-3774

8. MISCELLANEOUS

A. All words used herein In the singular form will extend to and Include the plural. All words used in the plural form will extend to and Include the singular. All words used in any gender will extend to and include all genders.

· B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or unenforceable, this Agreement will be construed as not containing such provision, and all other provisions which are othe_rwlse lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be sevE>rable.

C. Thare are no understandings or agreements except ail herein expressly stated.

D. This Agreement will be governed by and construed In accordance with the laws of the State of Florida.

E. In any legal acti.on related to this Agreement, instituted by either party, Consultant hereby waives any and all privileges end rights ii may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any_ other statute, rule or case law, including, but not limited to.those grounded on convenience. Any such legal action may be btQught in the appropriate Court in .any county chosen by the Department and In the event that any such legal action is filed by Consultarit, Consultant herebY, consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. ·

9. TERMS FOR FEDERAL AIO CON'iB!CTS {APPENDIX ll:

The following terms apply to all contracts In which it is indicated in Section 6.B of the Standard Professional Services Agreement !hat the services Involve the expenditure offederal funds:

A It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, speclfloaijons, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered Into by the parties ,hereto with regard to the work to be performed hereunder without the approval of U,S.D.O.T., anything to the contrary in this Agreement not withstanding.

C. Compliance with Regulations: The Consultant shall comply with the regulations of the U.S. Department of Transportation relative to nondiscrimlnaijon in federally.assisted program:. of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein· incorporated by reference and made a part of the contract.

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D. Nondiscrimination: The Consultant, With regard to the work performed by him after award and prior to completion of the contract wor~, will not discriminate on the grounds of race, color, rellgion, sex or national origin in the selection and retention of subcontractors, including procurements of material and leases of equipment The consultant wlll not participate either directly or indirectiy in the discrimination prohibited by Section 21.5 of the program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by competitive bidding or negoliallon made by the Consultant for work to be performed under a subcontract, Including procurements of materials and leases of equipment, each potential subcontractor, supplier or lessor shall: be notified by a consultant of the consultant's obligations under this contract and the regulations relallve to nondiscrimination on the grounds of race, color, religion, sex, or national origin.

F, Information and Reports: The Consultant will provide all information and reports required by the Regulations, or ordens and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is In the exclusive possession of another who fails or refuses to furnish this Information, the Consultant shall certify to the Department, or the U.S. Department ofTransportation, as appropriate, and shall selforth what efforts it has made to obtain the information.

G. Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the state of Florlda Department ofTransportation shall impose such contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including, but not limited to,

· 1. withholding of payments to the Consultant under the contract untll the Consultant complies and/or

2. cancellation, termination or suspension of the contract, In whole or in part.

H. Incorporation or Provisions: The Consultant will include the pro~isions of Paragraph A through H in every subcontract, including procurements of matar\als and leases of equipment unless exempt by the Regulations, order, or instructlons Issued pursuant thereto. The Consultant will take such ac!Jon with respect to any subcontract or procurement as the State of Florida Department of Transportation or the U.S. Department of Transportation may dlrectas a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the, event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter Into such litigation to protect the ln!E>rests of the State, and, in addition, the Consultant may request the United States to enter into such lltlgation to protect the interests of the United States,

I, Interest of Membens of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom.

J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall be any interest. direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall Include municipalitles and other political subdivisions of States; and public corporations, boards, and commissions eslabllshed under the laws of any $late, .

K, Participation by Minority Business Enterprises: The Consultant shall agree to abide by statements in Paragraph (1) and (2) which follow. These statements shall be Included in all subsequent agreements between the Consultant and any subconsultant or contractor. ·

1. "Policy: It Is the policy of the Departi:nent of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate In the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requiremenis of 49 CFR Part 23 apply to this agreement."

2. "MBE Obligauon: The recipient or Its contractor agrees to ensure that minority business enterprtses. as defined in 49 CFR Part 23, have the. maximum opportunity to p~rtlcipate In the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensur!;l that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts."

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L It is mutually understood and agreed that the wil~ul falsification, distortion or misrepresentation with respect to any facts related to the projeot(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, Is hereby incorporated by reference and made a part of this Agreement.

M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 23.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, lnellglblllty and Voluntary Exclusion - Lo.wer Tier Covered Transaction" as set forth In 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.

N. The Department hereby certifiee that neither the consultant nor the consultant's representative has been required by the Department, directiy or indirectly as an express or implied condition In connection with obtaining or carrying out this contract, to

1. employ or retain, or agree lo employ or retain, any finn or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or oonslderatlon of any kind;

The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract Involving partlolpatlon of Federal-Aid funds, and is subject to applicable Statlii and Federal Laws, both criminal and civil. ·

0, Toe Consultant hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working $Olely for the above contractor) to solicit or secure this contract;

2. agreed, as an express or implied condition for obtaining this contract. to employ or retain the services of any finn or peT!lon In connection with carrying out this contract; or ·

3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.

Th.e consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency i_n connection with this contract involving participation of Federal-Aid •funds, and is subject to applloable Sla!'e and Federal Laws, both criminal and civil.

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EXHIBIT "A"

SCOPE OF SERVICES

309

ATTACHMENT "A"

SCOPE OF SERVICES

District wide Miscellaneous Structnral Projects Minor Design Financial Project ID: 2506152-32-02

I. PURPOSE

The Department requires the support of the Consultant for a wide range of engineering and technical services to assist in bringing to completion, as expeditiously as possible, numerow projects within the Work Program for District VI Design and Consultant Management Offices.

The Consultant shall function as an extension of the Department's resources by providing qualified technical and professional personnel to perfonn the duties and responsibilities assigned under the tenns of this Agreement. To the maximum extent possible the

· Consultant shall minimize· the Depa:rttnent's need to apply its own resources to assignments authorized by the Department. The Department, at its option, may elect to expand, reduce, or delete the extent of each work element described in this Scope of Services, provided such action does not alter the intent of this Agreement.

II. SERVICES

The Consultant shall provide the Department wi1h. the services .of a qualified Design Team to conduct the design and review of projects related to tr!IJ'.L\lPortation .. The Design Team shall be experienced in highway and bridge design and construction. The projects will include, but are not limited to: roadway and bridge design projects, highway and bridge rehabilitation project, resurfacing projects, public transportation facilities, and others as deemed appropriate by the Department. Design plans will consist of projects developed in both English and. Metric units of measure.

A, DESIGN SERVICES

The Consultant shall provide any one or more of the following engineering services or elements contained therein, as required by the Department.

l. They will provide all necessary engineering and CADD seI'l'ices required for revising and updating previously prepared construction plans and specifications to conform to current FDOT Plans Preparation Manual, FDOT Structures Design Guidelines, AASHTO Standards, MUTCD, FDOT Standard Specifications for Road and Bridge Construction, FDOT Roadway and Traffic Design Standards, and the desires of the Department as made known to the Consultant.

A-1

310

'·

Financial Project ID: 2506152-32-02

2. Prepare complete construction plans and drafts of all special provisions for all phases of construction for each design services project assigned under this agreement. Plans shall include, as. appropriate, roadway design, intersections and highway improvements, maintenance of traffic, utility relocation, structures, sign support structures and details, drainage facilities, roadway lighting, signing, signalization, pavement markings and incidental items. All plans are to be in accordance with AASHTO Standards, FDOT Standards and Specifications, and the desires of the Department, as made known to the Consultant. Plans shall be accurate, legible, complete in design, drawn to scales as directed by the Department, furnished in CADD files in Microstation format and reproducible fonn suitable for bidding purposes.

3. The consultant shall provide qualified personnel to perform on-site CADD related services using the Department's resources. The consultant's personnel shall perl'onn such tasks under the direction of the Design Project Manager and/or the Project Manager for this contract.

· 4. Prepare and provide Quantity Computation Books in a format acceptable by the Department In addition to the orillinal computation book, all computer files related to computation book preparation shall also be provided by the Consultant

5. Prepare, and provide lighting and signalization justification reports, and ~{gnalization analysis in accordance with FDOT standards MUTCD, and AABHrO.

6. The Consultant shall prepare presentation materials . as required for Community Awareness and other public meetings. • These materials may include but are not limited to renderings, computer models, Power Point slide presentations. And Descartes plans imaging. ·

7. Prepare and provide traffic studies, including traffic counts with turning movements, lane· closure analysis, no passing zone studies, accident history, and pe<lestrian activity studies.

8. The Consultant shall submit to the Department a Design Documentation Booklet with design notes, reports, calculations and other related information required to document the design conclusions reached during the development of the construction plans.

9. The Consultant shall prepare preliminary e!!f:imates of construction using the FDOT CBS computer database program. The estimates will be submitted as required to the Department's Project Engineer.

10. The Consultant shall furnish preli.tninary prints and all CADD files (Geopak, Microstation, etc.), as required by the Department to adequately control, coordinate and approve the design.

A-2 31.1

Financial Project m: 2506152-32-02

11. The Consultant shall prepare pem+it application(s) as required for submittal to other agencies by the Department including forms, sketches, plan sheets and hydraulic calculations.

12. Make reviews, attend meeting and make contacts as are necessary for proper preparation of plans and special provisions for these design services.

13. The Consultant shall serve as an expert wimess in the legal proceedings related to these design services if required by the Department. The fee for these services shall be established if and when they are needed.

14. The Consultant shall prepare the Technical· Special Provision, supplemental Specifications, and the Special Provisions required for the construction of the roadway, structures, and traffic operations portions oftb.e project.

15, The Consultant shall notify the Department of any utility conflicts and coordinate with the Department in all relocation efforts. ·

16. The Consult.ant shall establish a data base for review comments and shall tender an analysis of these comments 30 days prior to the end of the contract or 24 months from the beginning, whichever comes first.

B .. DESIGN SUPPORT - Plan Review

Review and comment on the preparation by in,house design section or Consultant design team, of construction plans at Phase I, Phase Il, Phase ill and Final submittal; of construction technical specifications at ·Phase ID plans review stage and at Final submittal. · Based upon such reviews, recommend acceptance and approval by the Departtnent of such plans, Specifications and estiroates, Certify to the Department by letter that the plans, . specifications and cost estiroate have be.en reviewed and that the design IS or IS NOT in general accordance with both the applicable and current standards of AASHTO, the FDOT, and with the intended scope of work.

In reviewing documents, certain bas_ic tasks must be carried out as follows:

• Identify and report on design components which require Design Variance or Design Exception.

• Make sure that the description of work to be constructed is clear and concise. • Review Pay Items to make sure that all work has a Pay Item. • Make sure that the summary of quantities are accw:ate and are in accordance with the

Basis of Estimates Manual. · • Review design documents and inspect the job site as required to make sure that field

conditions have been investigated and clearly represented in the contract documents. • Review such items as Utilities, Maintenance ofTraffic, Construction Sequences and

Phasing, Permit Requirements · and Conditions, Quantities, and Equipment

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requirements. Note any items that may generate future problems on a proposed project.

• Determ.io.e the feasibility of construction equipment ingress, egress and placement at the job site. For utility relocations, retaining walls and bridge construction, determine if the work will require any temporary retaining walls and bridge construction, determine if the work will require any temporary retaining structures for equipment placement and if failure of a temporary structure would jeopardize the safety of the general public. For existing bridges being widened, particular attention shall be given to feasibility of placing construction equipment within the median are of dual bridges.

The Consultant shall ensure that all construction plans, as applicable, are prepared-io. accordance with the latest standards adopted by applicable AASHTO manuals, FDOT Roadway & Traffic Design Standards, FDOT Standard Specifications, ~ent Department memorandums, FDOT Plans Preparation Manuals, FDOT Structures Design Guit;l.elio.es, FDOT Structures Detailing Manual, FDOT Flexible & Rigid Pavement Design Manual, FDQT Drainage Manual, and shall be accurate, legible, complete in design, and drawn to the appropriate scale. Provide written comment on the adequacy of all design submittals of construction plans.

m. POST-DESIGN SERVICES:

The Consultant shall provide the Department with the services of a qualified team to conduct the following tasks:

1. Review shop drawings for projects designed by his staff or other consultants for conformance with the contract plans, the special provisions and FDOT Plans Preparation Manual.

2. Review design computations made by the Contractor Specialty Engineer or other Consultants.

3. Assist in resolving construction problems.

IV COMPUTER SERVICES

A. Computations must be.based on computer programs used by in-house roadway design staff (i.e., Lotus, Word Perfect, MS :Word, Excel Geopak, Microstation, etc.), Any deviation from this must be approved by the Department's project manager. This is intended for files, which are to be archived with tlie rest of the project documents.

B. The Consultant shall submit electronically all submittals and final plans and Spec. packages prepared for letting.

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313

Financ;ml Project ID: 2506152-32-02

C. Electronic Document Management System (EDMS): The Consultant shall provide personnel proficient in the use of computers and Scanner operation input Bridge Plans and spec packages into an Electrocic Document Management System (EDMS). This will require familiarity with the Structures Management Document guidelines for EDMS post on the Infonet. Duties will include scanning, attributing (assigning information specific to the document) and retrieving documents that are "to be achieved electronically in the Department · document management system Humm:ing~ird. The Rnmrningbird software will have to be purchased by the consultant through the FDOT licenses.

V, SUBCONTRACTING

Should the Consultant require the services of a specialist for specialty work, the Consultant is authorized to subcontract these services under the provisioDS of the . . . Standard Consultant Agreement. Firms selected for subcontracts must be approved and qualified by the Department's prior to the Consultant authorizing any such work. The Ccmsultant shall be fully responsible for the satisfactory performance of all subcontracted work.

VI. DEPARTMENT RESPONSIBILITIES

The FDOT may furnish any or all of the items, appropriate for performance of required services. However, the Consultant shall provide the services as stated herein within the time frame established regardless of the availability of such data.

The Department will provide all plans and documentation received · by the Project Manager.for phase reviews to the Consultant for their use in perfonning reviews. Under nonnal circumstances, the plans and documents to be supplied will confonn with Plans Preparation Manual. The Department will not provide reports such as, Drainage Report, Permit Submittal Package,. Geon:ietric Design Report or Bridge Hydraulics Report. The Depa..1:ment will not provide Right-of-Way Maps or Legal Descriptions for review.

The Department will, where appropriate, provide Photometric calculations at Phase II and m submittals, and Voltage Drop calculations at the Phase m submittal to assist in reviewing Lighting Plans. Lighting Plans must be reviewed for conformance with the Plans Preparation Manuals, "The Information Guide for Highway Lighting" published by AASHTO, the National Electric Code and all other relevant manuals.

The Consultants will be expected to review signing and pavement marking plans and signalization plans for conformance with the Plans Preparation Manual, Manual on Uniform Traffic Control Device (MUTCD) and directions issued by the Department's Traffic Operations Division, Roadway Traffic & Lighting Department, and all other relevant manuals.

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Further information, documents or resources FDOT may furnish are:

1. All previously completed field surveys as required.

2, Subsoil data and tests for roadway and structure foundations.

3. All available roadway plans, bridge plans, right-of-way maps, studies and other available information pertinent to the project.

4. All available traffic information.

5. Right-of-way maps and legal descriptions that are not part of the consultant's work effort, when required.

6. Utility and railroad contacts and agreements.

7. When survey services are required, the Department will furnish numbered standard survey books for sutvey data.

8. Pavement Design where necessary.

9. Coordination and processing of all permit applications.

In general. the Consultant will be given a complete set of the contract plans package submitted by the Engineer of Record to the FDOT District Office. The completeness of the pla:os and appurtenant items will depend upon the level of project development at that time,

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EXHIBIT "B"

METHOD OF COMPENSATION

') 1 l ..., I •

METHOD OF COMPENSATION

EXBlBIT "B"

LO PURPOSE

This Exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exlµbit A (Scope of Services) and method by which payments will be made.

2.0 COMPENSATION

For satisfactory completion of services authorized under fu:is Agreement, the Department will pay the Consultant a TotalMaximurnLim.itingAmountnotto exceed $1,500,000.00. This is a task assignment type agreement. The Department will furnish the Consultant a Task Work Order specifying the services to be performed and the fees to be paid for each project assigned under fu:is agreement Compensation for individual assignments will not exceed $300,000.00.

The total amount of fu:is agreement is expected to be funded by multiple annual appropriations. The State ofFlorida's performance and obligation to pay under fu:is contract is contingent upon an annual appropriation by the Legislature. Currently $500.000.00 of the total amount has been approved. Therefore, it is agreed that fue Consultant will not be obligated to perform services nor incur costs which would result in exceedin,g the funding currently approved, nor will the Department be obli!)ated to reimburse the Consultant for costs or make fee payments in exvess of currently established funding. The Department will provide written authorization when subsequent appropriations are available forfu:is contract.

2.1 Summary of Compensation

Fees for each task work order will be negotiated either as a lump sum amount (fixed price), a limiting amount (cost reimbursement), or as a combination lump sum and · limiting amount. Where lump sum am.aunts are established, fees will be negotiated in accordance with Section 2.2, and based on the rates provided in Seetion 5.0. Where limiting amount fees are established, compensation will be in accordance with Section 2.2. · Compensation for direct expense costs may be included in task work order fees, in accordance with Section 2.2.

2.2 Details of Compensation

Basie Services - Lump Sum (LS-2)' - The Consultant will receive progress payments for the subject task based on the percentage of task that has been completed and accepted by the Department during the billing period.

B-1 317

For tho following elements which are established as limiting amounts, theDeparttnent will compensate the Consultant for all reasonable, allocable and allowable costs lncllt:t'ed ill the categories defined below. The reasonableness, allocability and allowableness of compensation sought undo:r this agroement are expressly made subjecrt to the !emJs of tlris Agreement; FederalAcqu:is!tionRegulations; Office of Management and Budget Circulars A-21, A-87,A-102,A-l 10; and any pertinent Federal and State Law.

Direct Salaries and Wages-- (LA-3) - Subject to the established limiting amount, the Consultant will receiv_e progress paymoo.ts for direct salaries and wages fox time/work effort expended by personnel ill the perfo=• of authorized work dming th;, billing.period, at the contract rates established in Table 5 of Section 5.0. All overtime must be authorized in advance !:n writing by the Depar!mmt.

Overhead and Fringe Benefit Rates • Administrative overhead and fringe benefit CO$!$ will be applied to approved sala:.ty and wage costs ( exclusive of premium overtime) at the combined overhead rates provided in Table 5 of Section 5.0.

Facilities Capital Cost of Money • The Consultant will receive compensation for allowable Facilities Capital Cost of Money (FCCM) in association with salaries. FCCM will be calculated as a percentage of chargeable direct salary and wages exclusive of premium overtime, at the rates provided in Table 5 of Section 5.0.

Operating margin- Operating margin will be applied to approved direct salary costs ( ex.elusive of premium overtime) at the rates provided in Table 5 of Section 5 .0.

Direct Expense Rate • The Consultant will be compensated for direct eiq,eJ1ses in association with salaries. Direct Expenses will be calculated as a pcrce11tage of chargeable direct salaries a:nd wages exclusive of premium overtime, at the rates provided in Table 5 of Section 5 .0.

Loaded Labor Rates (LA-4) • Sulzject to the established limiting amo1lllt, the Consultant will be compensated for these services based on the rates provided in Table 6 of Section 5.0. No multipliers will be applied to these rates. Payment for such services will be based on approved time incurred dlll:ing the hilling period.

Miscellaneous Direct Expenses (LAS) Subject to the established limiting amount, only the following sub consuitant firm :is approved to receive compensation for itemized miscellaneous direct expenses when authorized and when properly supported by invoices or othi,:r acceptable evidence of payment: Protocole Corp. For travel expenses, $!ate travel vouchers must be submitted.

Compensation for sub.contractual services, if required may be established for each Task Work Order issued. The fiml(s) performing the slm'ices must be approved by the Department.

3.0 INVOICING PROCEDURE

The Consultmt will be e:liglole for progress pa)'lI)OD.ts under !hi$ agreement at mon!bly intervals or when individual tasks or mileposts defined in thls agreement are completed or reached.

Iii.vi:iices for this agreement will be p,epared by the Consultant ,md submitted through the DepartmcJ:it's webenabled Consultant lnvoicc Transmittal System (CITS) mtemet application, The invoices will be supported by such i:o.formation as may be required by Department procedures to substantiate the charges being invoiced. The Consultant will maintain for this purpose a j oh cost accountwg system that is ·acceptable to the Department.

If requested by the Department, the final invoice for this agreement will be accolJlpanied by a certified job cost SUllillWY report generated by the accounting system. The report will include at a minm:nun the total n\Ullber of hours ,md salary cost actually charged to the project, the total direct vehicle expense, the total miscellaneous direct expense, and total sub,consultant cost charged to the project.

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318

The Consultant will report sub•consultant payments through the Department's Equal Opportunity Reporting System on the Internet @ ·http://custp397.innerhost.com:8080/bizwebflorida. Failure to submit sub-consultant payment information maybe callile for rejection of the invoice. Within thirty days after receipt of final payment, the Consultant will report final sub-consultant payments through the Equal Opportunity Reporting System. The Consultant ,will pay · all sub-consu1tants their proportionate share of payments received from the Department within thirty days of the Consultant's receipt of payment from the Department. ·

The D epartmen:t will render a decision on tlJ.e acceptability of services within a working days of receipt of eitherfue services or invoice, which ever is later. The Department reserves the right to withhold payments for work not completed. or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Anypayment withheld will be released and paid to the Consultant promptly when work is subsequently performed.

4.0 PROJECT CLOSEOUT

4.1 Final Audit

If requested, the CoDSultant will permit the Department to per:fbnn or have performed an audit of the records of the Consultant and any or all sub-consultants to support the compensation paid 1he Consultant. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors or charges not in conformity with this Agreement, the Consultant agrees 1hat such disallowed amounts. are due to the Department upon demand. Further, the Department will have the right to deduct, from any payment due the Consultant under any other contract, any amount due the Department.

4.2 Certificate of Completion

A Certi:ficate of Completion will be prepared for execution by both parties stating the total compensation due the Consultant, the amount previollilly paid, and the difference.

Upon execution of the Certificate of Completion, the Consultant will either submit a tennination invoice · for an amount due or refund to the Department for the overpayment, provided the net difference is not zero.

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5.0 COMPENSATION RATES

The Following tables are provided for definition of contractual rates." Tables numbers not listed are not included in this document.

Table 5 - Unloaded Salary Rates Table 6 - Loaded Rates

& Hanover, LLP & Hanover, LLP

Hardes & Hanover LLP Hardesty & Hanover LLP Hardesty & Hanover, LLP DMJM Hanis, Inc. DMJM Hmis, Inc. DMJM Hmis, Inc. DMJM Barris, Inc. DMJM Barris, Inc. DMJM Hanis, Inc. ·

Consultant

Protocole Co Public Information Officer A Protocole Co Public Information Officer B

$52.45 $54.02 $50.00 $51.50 $36.51 $37.61 · $31.08 $32.01 $21.39 $22.03 $55,40 $57.06 $29.72 $30,61 $42.75 $44.03 $24.58 $25.31 $26.25 $27.04 $13.25 $13.65

03/25/05 06/01/05 To To

05/31/05 05/31/06 $85.00 $87.55 ·$55.00 $56.65

$55.64 $53,05 $38.74 $32.97 $22.69 $58.77 $31.53 $45.35 $26.07 $27.85 $14,06

To 03/25/07

$90.18 $58.35

The above rates for overhead; ;FCCM, Operating Margin and Direct E•pense are fixed and not subject to audit adjustment during the term of the agreement.

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320

~ • The job Fl989HLR; user l,D. Fl989HL <MVS@DOT>

03/14/2005 05:02 PM

"

To [email protected]

cc

bee Subject FUNDS APPROVAUREVIEWED FOR CONTRACT C886

STATE OF FLORIDA DEPARTMENT OF TR.l\NSPORTATION 'F'Oli!DS Af>l?ROVAL

Contract #CSE76 Contract Type, CA Vendor Name, HAlU>ESTY & HANOVER, LLP Vendor ID; VF13l8425l8002 Beginning date of this Agrnt, 03/14/05 Ending date of this Agmt, 03/13/lo

Method of Procurement, C

***•********~•********************~************************************* Description, Districtwide Bridge Design Consultant

** * *********"ill'*****"*********.****.*************************************** ORG·CODE •EO (FISCAL YEAR)

AMENDMENT ID

*OB.JECT *BUDGET *SEQ.

*AMOUNT ENTITY *USER ASSIGNED

*FIN PROJECT *FCT *CFDA *CATEGORY/CAT Yl!A.R

ID *ENC LINE(6S)/STAT1JS

************************************~***********************************

Action, ORIGINAL

55 063030643 *PD 2005

Funds have been: APPROVED

0001

*131521 * *55100100 *00 *

TOTAL AMOUNT,

sooooo.oo *25061523202 *088849/0S •0001/04

soo,000.00 •

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Fl:JNDS APPROVED/l1EVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 03/14/2005

321

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RE: DISTRICTWIDE MOVAaLE BRIDGE INSPECTION FOR ~2199)

;ERTIFICATE HOLDER

FLORIDA DEPT OF TR.liNSPORTATION PROFESSIONI\L SERVICES UNIT DISTRICT SIX 1000 NW 111TH AVE., ROOM 62l'O M:t/\MI FL 33172

.

CORD 25 (2001/08)

FLORIOO

FLORIDA DOT (H&H

CANCl!LLATION SHOULD M-lY OF THE ABOVE 0ESCRJB.l;D POUCH:s Be CANCELLED BEFO~E THJ !JiXPIRATJON

DA.Te; THEReCIF, THE: ISSUING INsURJ;R WILL ENDEAVOR TO MAIL !2.__ DAVIS WRln'EN

NO'rlCI! TO THE CERTIFICATE HOLDl:R NAMCO TO THE LEFT, !$UT FAILURE "l"O DO $0 SHAU.

IIYIPOSI: NO OBLIGATION.OR LIABILITY OF ANY KIND UPON THI; INSURE~ ITS AG-e:NT,Si OR

R:EPR~eNTA.TIVES, .

©ACORD CORPORATl03 28~


TO:

THRU:

FROM;


James W, Davis, P.E. ,~9' Public Works Director U Christopher'R. Mora, P.E.,GCounty Traffic Engineer

REGULAR AGENDA

SUBJECT: Bluewater Bay Developer1 s Agree111ent for Developer Contributions to Roadway Improvements along c.a. 510 and Nearby I.ntersections


DESC:RIPTION AND CONDITIONS

510 Group, L.L.C., is planning to develop a 379-home, 142-acre residential planned development to be known as Bluewater Bay, on the north side of CR 510 between 90 th Avenue and 86th Avenue in northern unincorporated Indian River County.

Traffic associated with the new development is expected to have a significant impact on CR 510 between CR 512 and US 1. The County is planning to widen CR 510 from two to four lanes with construction expected to commence in 200,8. To achieve the CR 510 widening, the County must obtain 3. 04 acres of property from Bluewater Bay. The developer has agreed to sell the 3.04 acres to the County for $475,000, or $156,250 per acre. County staff recognizes that the developer incurred additional costs to redesign the Bluewater Bay site to accommodate the CR 510 widening, and'has agreed to the $475,000 purchase price,

In addition to impacting CR 510, future Bluewater expected to have a significant impact on intersectio11s:

1. CR 510 and 66th Avenue 2. CR 510 and US l 3, 41 s t Street and 6 6th Avenue 4. 65 th Street and 58 th Avenue

Bay.traffic is the following

To restore the above four intersections to an acceptable level-ofservice, addition.il lanes and traffic signal improvements must be constructed, for a total combined cost of $9.8 million.

C:\DOCUMENTS AND SETT!~G$\CaRISM\DESKTOP\BLOEWA~ERBAYDEVAGREEMBCC_4.00C

323

Bluewater Bay Developer's Agreement REGULAR AGENDA Item Page 2

FtlNDING

510 Development Group, L.L.C. will pay $389,940 of th~ estimated $9.8.million combined cost of the four intersection projects. No traffic impact fee credits will bei given to the developer as a result of the $389,940 contribution. The remaining $9.4 million of the project cost will be funded by County traffic impact fees and other developers via similar fair-share agreements.

The $475,000 property purchase will be funded by County traffic impact fees, account number 10215141-066510-06020.

ANALYSIS

The developer's agreement is structured ~imilar to many agreements executed by the County in the past, with the exception of the property purchase.

ALTERNATIVES

The alternatives presented are:

Alternative No. 1 Approve the Developer's Agreement

Alternative No. 2 Deny the Developer's Agreement

RECOMMENDATIONS

Staff recommends Alternative No. l - Approve the Developer's Agreement.

ATTACHMENT

1. Developer's Agreement

C:\DOCUMENTS AND SETTING$\CHRISM\DESKTOP\~tUtWATERBAYDEVAGll:e:MSCC.4.DOC

324

Bluewater Bay Developer's Agreement REGULAR AGENDA Item Page 3

DISTRIBUTION

Jason Brown, Budget Director


BY

Admlnlstradon

Bud et

c,\POCOMSNTS AND $~TTlNG$\CHRISM\DESKTOP\BLOEWATERBAYDEVAGRtEMBCC.4.DOC

325

DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA

AND 510 GROUP, L.L.C.

FOR BLUEWATER BAY RESIDENTIAL PLANNED DEVELOPMENT

TBlS AGREEMENT, entered this __ day of _____ __, 2006, by and between

INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th

Street, Vero Beach, Florida, 32960, hereafter called COUNTY and 510 GROUP, L.L.C., 1974 14th

AvC\!lue, Vero Beach, Florida 32960, telephone number (772) 567-9255, hereafter referred to as

DEVELOPER.

'WITNESSETH

WHEREAS, the DEVELOPER has applied to develop a379-unitresidential development to

be known as ;BLDEWAIBRBAY on 14L79 acres of land located on the north side of CR 510,

between 90th Avenue and 86th Avenue iri Indian River County, Project Number PD-04-10-19

(2001080013-46608), the legal description is attached as Exhibit "A" and incorporate'd herein by

reference, and;

WHEREAS, the COUNTY and· DEVELOPER share mutual concel'.llS with respect to

construction of:

1. The east leg of the intersection of 89th Str~ !µld CR 510, aligned with 89th Street

west of CR 510, accommodating the Sebastian River High School driveway and

upgraded signalization at that intersection.

2. Eastbound left-tum lane and wel)Ttbound right-tum lane on CR 510 at-8~ Avenue.

3. Sidewalk connection to Liberty Magnet.School and CR 510 sidewalk.

4. · Eastbound right0tum lane at the deve;lopment' s 89th Street entrance and southbound

le:ft-tu.mlane on CR 510 at 89th Stteet.

5. Five-foot (5') sidewalks along the development's CR 510, 89th Street and 8~

. Avenue frontages together with connections to the development's internal four-foot

( 4 ') sidewalk system.

WHEREAS, if the COUNTY project to widen CR 510 from 2-lanes to 4-lanes is approved

and scheduled to commence construction prior to January 1, 2008, th.en the DEVELOPER is not

required to consiruct CR 510 widening or associated above turn lanes; and ·• .. -.

1 326

WHEREAS, the COUNTY is planning future improvements to CR 510 and the

DEVELOPER is planning to sell the necessary right-of-way to the COUNTY and agrees to execute

the document as outlined in the Attached ,"Exhibit "B" for future Indian River County construction

of the intersection of CR 510 and 90th Avenue; and

WHEREAS, the DEVELOPER is pJanuing to acco=odate stonn water rtllloff from CR

510, 89th Street and 86'1' Avenue; and

_WHEREAS, both the COUNTY and DEVELOPER canmutu.ally benefit each other through

a joint effort that will share the_ costs of improvements to the following intersections:

1. CR 510 and 6i;th Avenue

2. CR 510 and U.S. 1

3. .41 st Street and 615"' Avenue, including signalization

4. 65th Street and 58~ Avenue, including signalization; and

WHERE.AS, both the COUNTY and DEVELOPER can mutually benefit each other through

a joint effort that will provide for future roadway and drainage improvements.

NOW, THEREFORE, in consideration of the mutual ter.tJJS, conditions, promises, covenants

and premises hereinafter, the COUNTY and DEVELOPER agree as follows:

1. The above recitals are affirmed as being true and correct and a:re thereby incorporated

herein.

2. This agreement does not cover all dedications and off-site improvements required of the

developer as a result of the planned development approval.

3. The parties agree that the DEVELOPER shall construct the following improvements

· pursuant to this agreement:

A. In the event that the COUNTY does not begin the CR 510 improvements until after ' ..

January 1, 2008, the DEVELOPER shall consJ;ruct the ea~tbound left-tum lane and

westbound rlghMw:nlane on CR510 at 86° Avenue prior to issuance of the 95th

resid~tial unit certificate of occupancy. If the COUNTY begins the CR 510

improvements on or before January 1, 2008, the COUNTY shall build the turn lanes

and the DEVELOPER shall remit payment to the COUNTY for the total construction

costs of the tum lanes.

B. The DEVELOPER shall pave 86th Avenue from CR 510 north to g9th Street, and 89th

Street from 8~ Avenue west to 90th AvenueiCR510 prior to issuance of the 190th . . ..... , ...

·· · · · t;stderiti;.i iliiit ceitific~ti ;i•oci:~~anciJ. -86'1' A venU<i' sruiii he· ici"nsiiucieii as a 3:iane roadway. The 89th Street paving shall include a 3-lane bridge crossing the Lateral D ·

2

327

• canal and connecting to 90th Avenue/CR 510. If a 4-!ane (or wider) bridge across the

Lateral D canal is required by the COUNTY, then the COUNTY shall pay for the

bridge construction costs over and above a 3-lane bridge. · The COUNTY shall

approve all bridge designs and cost estimates. The bridge shall align with the south

signalized entrance to Sebasfuin River I:ligh School or 89th Street as determined by the

COUNTY. If aligned with 89th Street, the improvements shall include signalization.

The DEVELOPER agrees to install and maintain sod, landscape _and irrigation to the

edge of the pavement in these roadways. The COUNTY agrees _to maintain the

pavement.

C. Five-foot (5')·wide sidewalk along the development's CR 510 frontage:

i. · The DEVELOPER shall construct a :five-foot ~de sidewalk connection

· from. the development's intetoal. sidewalk system to CR. 510 across from

Liberty :M"..ago.et School.

ii. At the COUNTY's sole discretion and with COUNTY approval, the

DEVELOPER may escrow the sidewalk construction cost with the

COUNTY in lieu of <;onstructing the sidewalks.

4. Approximately 3 .04 acres ofDEVELOPER's property will be needed by the COUNTY to.

widen CR 510 in the future. The DEVELOPER agrees to sell the needed property to the

COUNTY for the price of$475,Q00 ($156,250 per acre). The COUNTY shall remit

payment to the DE\IEl;'.pPER within 30 days of execution of this. agreement, at which \ . '

time the DEVELOPER shall deed the 3.04 acres·to the COUNTY.

5. The DEVELOPER ~es to accept, treat and dispose of storm water runoff from the

public roads CR 510 (both 8511, Street and 90th Avenue alignments), 8~ Avenue,.and 89th·

Street along the development boundaries. The DEVELOPER ~es to ma:ia.tain the

storm water management system.

6. Findings from the 1Ia:ffic,impact study performed by the DEVELOPER'S engineer and

confirmed by COUNTY staff indicll,te that development traffic will impact the following

four intersections as tabulated. COUNTY staff confirmed the corresponding project

costs. .

PROJECT DEVELOPER PERCENT. INTERSECTION COST. IMPACT

FAIR.SHARE ESTIMATE . .. . .. ... COST ·-

CR5i0 and 66= Avenue $3,480.000 7.90% $274,920 CR510 and U.S. l $2,900,000 1.46% $ 42,340 41 st Street and 66'" A venue $2,726,515 1.88% $ 51.258

3 328

I 65th Street and 58th Ave11ue $673,638 · 3.18 % 1 $ 21,422 TOTAL= $389,940

Given the pe~centage of impact to the intersections by the development, the

DEVE:j:,OPER shall pay to the COUNTY the sum of $389,940 representing fair share

contributions towm:d the cost of future improvements ~t all four intersectio!lB. The

DEVELOPER shall pay the sum of $389,940 to the COUNTY prior to issuance of the

first certificate of occupancy for any portion of the development. No impact fee credits

will be allowed as a result of this contrlpution.

7. :rn ¢e event of any litigation arising out oftbis Agreement, the prevailing party shall.pay

attorney fees and costs.

8. No amendment, modi:fication, clumge, or alteration oftbis Agreement shall be valid or

binding unless accomplished in writing and executed l;>y all of the parties hereto.

9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and

their successors, a.nd assigns.

10. This Agreement contains the entire agreement and understanding between the parties. No

representation, statement, recital, undertaking, or promise not specifically set forth herein

shall be bindin,g on any party hereto,

11. This Agreement and all matters arising hereunder shall be governed by and co!lBtrued in

accordance with the laws of the State of Florida V l:lnue hereunder shall lie in Ip.dian

River .County; Florida.

12. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall

be collBtrued on parity as between the parties. There sbatr be no canon of construction for

or agai.t1st.any party by reason oftb.e physical preparation of this Agreement.

13. Whenever the sin,.aular number is used in this Agreement and when required by the

context, the same shall include the plural; and the masculine, feminine, and neuter

genders shall each. include the others.

14. COUNTY and DEVELOPER shall grant such further assurances and provide such

additional documents as may be required by one another from time to time, and cooperate

fully with one another in order to carry out the terms and conditions hereof and comply " '

with:' the express intention. of this Agreement.

15. Failure to insist upon strict compliance with any of the terms, covenants, or conditions

4

329

herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any

waiver or relinquishment of any right or power hereunder at any one time or times be

deemed a waiver or relinquishment of such right or power at a:oy other time or times.

16. All words, terms, and conditions contained herein are to be read in concert, each with the

other, and a provision contained under .one .paragraph may be considered to be equally

applicable under another in the interpretation of this Agreement.

1 7. The words herein anrl hereof and words of similar import, wit,,"lqut reference to any

particular section or ·subdivision of this Agreement, refer to this Agreement as a whole

rather than to any particular section or subdivision hereof.

In the event i!\D.Y term, condition, or clause of this Agreement is declared to be illegal or

unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability

. shall not affect or alter the legality or enforceability of any remaining term, condition, or clause

hereof, provided of the parties, as set forth in. this Agreement.

IN WCTNESS WBEREOF the COUNTY and DEVELOPER hBs caused these presents to

be executed in their names, the day and year first above written.

OWNER BOARD OF COUNTY COMMISSIONERS . INOIAN RIV.ER COUNTY, FLORIDA

-~~-(Printed name and title)

Approved byBCC. _____ _

ATTEST: Jeffrey K, Barton, Clerk of Circuit Court

Deputy Clerk

··· ·· Joseph A Baira;:county'Ailmiiiisffator ·.

DEV!:LOPER 510 GROUP, L.LC, / {

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5

330

· EXHIBIT '' A"

BLUEW ATER BAY LEGAL DESCRJPTlON

PARCEL!: TIIE EAST 89.19 OF THE SOUTHWEST ¼ OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST: SAID PARCEL LYING SAND BEING IN INDIAN RIVER COUNTY, FLORJDA, LESS RJGHTS OF WAY AND EASEMENTS OF RECORD.

PARCEL 2: THE WEST 38.31 ACRES OF THE EAST 127.5 ACRES OF THE SOUTHWEST¼ OF SECTION 26, TOWNSHIP31 SOUTH, RANGE 38 EAST. SAID PARCEL LYING SAND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHTS OF WAY · AND EASEMENTS OF RECORD.

PARCEL 3: TIIE WEST 17.60 ACRES OF THE EAST 145.1 ACRES OF THE SOUTHWEST '/4 OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST. SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RlGHTS OF WAY AND EASEMENTS OF RECORD.

331

EXHIBIT "B"

Sketch and legal description, right-of-way purchase

332

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S.R.W.C.D. lATmAL 'o' COOL R/W

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PROPOSED IJLUEWATER BAY SUBDl\llSION

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Del. =61 '57"05" R~900.00 f•S'l-0.26 L==97J_ 1J Ch=926.4-1

LEGAL IECRIPTIQN - CR 510 Cfl/lNER CllP

COl;kiEN<>NG AT THE SOUTHEAST OOllNER OF Tl<E SOUTllflESf t OF SECTION 26-31-38, R!J~ S90'00'00"E /,LONG TilE so.um SECTION IJNE Of SECTION :26-31-.38, Al.SO B£1NG 1HE caurn UHE DF lHE 100 FT. RIGHT-OF-WAY fOR \'IJ,8ASSO ROAD, COli'NTY RDl>D 510, A DiSf~CE OF 1,581.01 FT., THENC( RUN NOO"OO'OOT. A llfilMICE Of 50.00 FT. fO A POIITT I-LONG THE SOIIIH PROPERTY rnE Of lllE PROPOSED BLUEl'/ATER BAY SO AMO BEING iHE troRrff RIGHf-OF-'A'A'f UNE OF WABASSO ROAD, COUN:lY ROAD 510, SNO POO.ff BEING THE POINT ANO PLACE Of B£Gl~t!lNG. FROM SAJO POINT RUN NOO'OO'OD"E A DISTANCE Of 30.00 FT. TD A POINT. WJ;CE RUN ALONG Ml MC COtrCAVE TO THE EAST Y/IIH A RA91US OF 900.00 fl., TA!lGENT OF 540.26 FT., />RC LrnGTH OF 973. 13 fl., DELTA ANGLE Of 61'57'05" /,JIO A CHORD AKGLE OF N59"01 '27"1'1 TO A POINT ALONG THE Y/EST PB>:IPERTY LINE OF THE PROPOSED BlUE\VATER BAY SO, ALSO HEING THE EAST RIGHI-Of-YhW LIKE OF S.R.W,C,O. !.ATERAL. •o• CANAL R!GSff-OF-VIAY, THENCE RUH SOD'05' 44 ''£ A rlSTAftCE OF 506.BD FT. Al.OialG Sl>JO RIGHT -OF-WAY TO A PO:ltT SEJ;;:J THE O.ERSECTIO~ OF S'JO EAST RIGITT-OHVAY UNE OF THE S.R'fi.C.D. I.AYER/IL •o• CANAl RIG}!I-OF-\1'.\Y ANO I.I-IE .NORTH luGHl-OF-WAY LINE OF CR 510, THENCE RUN S!lO'OD'OD't A DISTANCE OF 793.45 ff. t-1..DNG 1HE SOIJIH PROPERn' LINE Of T.1-1£ PROP-OSffi B!..UEWATER BA.Y SO AND lH[ NORlll RiGITT-C.-'NAY LINE OF VIABASSO ROA!J, OOIJNIY ROAD 510 TO mt: POINT AMO PLACE OF BEGINNING, S'JD PROPERTY CONT,>JNING 132,499.59 S.F. OR J.04 ACRES.

GRAPHIC SCALE J-::£1

( IN' l'EKT ) l inch = 100 IL

I r ! ---··· ·--~1 ... ~J'//////////N.✓/////1/////=1!~~:: .J.J_ -~~-----~----;;:----------.-. ---==-----~{i

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------ COUNTY ROAD 510 __ f ______ ~~~~~-:":":::::._-1

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~l=::::=.· ==:::==::: --- -~-=-~~=--~-=~-= .. ~ :~::=-=~::-=.·-·_· ---------~~---- ·-----_; -----1.o.l c-=----- ~. ·-~-.==-=.!.-===-=---- S90"00'Q_O'"f 1~61.01' _______ --- --:.. --- -- - -- - --- --- -.- - ~oo-lH~T oo.:i_tEII or ~r=----==---== ------ ~ -- -. . . . - . . :~n~ort~::J.,• «-

POINT OF COMMrnc.irnr

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DATE:

TO:

THROUGH:

FROM:

PREPARED BY:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY DEPART1\1ENT OF GENERAL SERVICES

PURCHASING DMSION

April 28, 2006

BOARD OF COUNTY CO:Ml\1ISSIONERS

Joseph A. Bai.rd, County Administrator

· Thomas Fr~ G~n~ctor ~ cJ ~ Erik Olson,~es Department, Director

Jerry Davis, ;urchasing Manager ~ Karyn Jackson, Staff Assistant Purchasing Di vision

Apjroval of Bid Award and Sample Agreement for IRC Bid# 2006056 7 4 A venue Force Main Loop Connection South of SR60 Utilities Department

The Utilities Department has requested bids for the construction of approximately 13,230 linear feet or'master planned Sanitary Sewer Force Main and associated appurtenances. The proposed system is to provide an alternate and more efficient route to transmit domestic sewage from the South Central Region of the County to the West Regional Wastewater Treatment Plant.


Bid Opening Date: Advertising Dates: DemandStar Broadcast to: Specification's requested by: Replies:

BID TABULATION:

SEE ATTACHED BID TABULATIONS

ESTIMATED BUDGET:


March 8, 2006 at 2:00 pm February 1, 2006 Four Hundred Forty One vendors Twenty One vendors Nine vendors

$1,872,000.00

$1,136,435.00

F,\Purchasms\Bids\2005-2006 FY (2006000)12006056 74th Ave. FM Lo0p Connoction\2006056 Agenda w Cootraccdoc

334

SOURCE OF FUNDS: 472-169000-06512 Impact Fee-74th Avenue Force Main Loop

RECOMMENDATION:

Staff recommends that the bid be awarded to Felix Associates, LLC as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

In addition, staff requests the Board of County Commissioners approval of the attached sample agreement and authorization for the Chairman to execute said agreement when required performance and payment bonds have been submitted along with appropriate certificate of insurance and the County Attorney has approved the agreement as to form and legal sufficiency.

ATTACHMENTS: Recommendation Memo from Utilities Department Recommendation Memo from Schulke, Bittle & Stoddard Bid Tabulation Itemized Tabulation Bid Forms Florida Division of Corporations printout Sample Agreement

APPROVED AGENDA ITEM:

F:IPurchasing\Bids'.!005-2006 FY (2006000)'.!006056 74th Ave. fM Loop Conncction'.!006056 Agenda w Contracldoc

335

INDIAN RIVER COUNTY Deoartment ofUtilitv Services

Memo To: Jerry Davis, Manager, Purchasing Division

From: Gordon E. Sparks, P.E., En · nmental Engineer ~

Thru: Mike Ho~, P • apital Prrict~ Manager y/) /f CC: W. Erik ~Utilities Director~.

Date: April 11. 2006

Re: Bid Award Recommendation for Bid No. 2006056 74th Avenue Force Main Loop Connection South of SR 60 WIP ;No. 472-169000-05519, UCP #2598

On Wednesday, March 8, 2006 nine (9) Bids were received and opened at 2:00 PM for the above referenced project, as follows:

1. F e1ix Assoc. Inc. $1,136,435.00

2. Sheltra & Sons Construction. $1,147,147.47

3. Tri-Sure Corp. $1,187,394.00

4. S.P .$. Contracting Inc. $1,350,889 .so s. Melvin Bush Constr. Inc. $1,354,165.00

6. Danella Companies Inc. $1,405,388.50

7. Tim Rose Contracting $1,408,502.00

8. W. Jackson & Son Constr. Co. $1,435,000.00

9. Cornerstone Businesses, Inc. $1,525,103.20

I have attached a letter from the design consultant, Schulke, Bittle & Stoddard, LLC dated April 7, 2006, stating that there were no apparent bid abnormalities and recommending that the bid be awarded to the low

Pogo I

F:\Utilities\UTILITY - E'NGINEERINGll'roj<:0ts - Utility Construction Pennitsl!RC • 74th Av - 8th St 1M R<lief Press SR 60 • UCP# 2598 SCHULKEIA -BID RECOM, Memo to PURf:HASING April 11, 2006.doc 3 3 6

bidder Felix Assoc., ILC for $1,136,435.00. Also attached is a copy of the Bid Fonn (Section 00310), Addenda Nos. 1 and 2, Disclosure of Relationships (Section 00452), General Jnfunnation Required of Bidders (Section 00456) a copy of the Bid Bond, a Bid Sheet prepared during the bid opening and a Bid Tabulation prepared by Schulke, Bittle & Stoddard, LLC.

Tue Engineer's Cost Estimate for construction was $1,282,600.00; therefore, the low bid was $146,165.00 less than expected. Therefore, Tue Department of Utility Services recommends that the bid be awarded to the lowest responsive, responsible bidder, Felix Assoc., ILC for $1,136,435.00. A sample contract has been prepared and is attached to this memo for pre-approval (m form) by the BCC in awarding the project

GES/ges

f11<1i1111 l{il'or Co, Approved D,itc

Ad1nfnlst1•a1ion l'111111,,~ ,, ,~ ,

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Risk ~lilnng~1,

• Page2 337

JOSEPH W. SCHULKE, P.E. JOOAH B. BITTLE, P,E.

SCHULKE, BITTLE & STODDARD, L.L.C. WILLIAM P. ST_OOOOAAO, Ph.D., P.E.

CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING• ENVIRONMENTAL PERMITTING

April 7, 2006

Gordon Sparks, P.E. Indian River County Department of Utility Services Indian River County 1840 25th·Street Vero Beach, FL 32960

Rl:CEIVED

APR 1 0 2006

UTILITIES

Re: 74th Avenue Force Main Loop Connection South of SR 60, Bid No.2006056 74th Avenue and 16th Street to 82nd Avenue & 4th Street W!PNo.473-169000-05519, UCP #2598

Dear Mr. Sparks,

On Wednesday, March 8, 2006 nine (9) Bids weie received and opened at 2:00 PM for the above referenced project, as follows:

I. Felix Assoc., LLC $1,136,435.00

2. Sheltra & Sons Construction. $1,147,147.47.

3. Tri-Sure Coip. $1,187,394.00

4. S.P .S. Contracting Inc. $1,350,889.50

5. Melvin Bush Const. Inc. $1,354,165.00

6. Danella Companies Inc. $1,405,388.50

7. Tim Rose Con1mcting $1,408,502.00 E1TOr in Tabulation

8. W. Jackson & Son Const Co. $1,435,000.00

9. Cornerstone Businesses, Inc, $1,525,10320

I have attached the Bid Sheet prepared during the bid opening from which these figures were obm.ined. I have also prepare<l a Bid Tabulation of the ten bids (attached). The Engineer's Cost Estimare for consttuction was $ I ,282,600.00; therefore, the low bid was 11.39% less than expected.

Since there were no apparent bid abnormalities, I ieoommend that the bid be awarded to the lowest re.,ponsive, responsible bidder, Felix Assoc. LLC for $1,136,435.00. A sample contract (two copies) has been prepared and is attached to this memo for pre-approval (in form) by the BCC. Also attached are two (2) copies of the bid form submitted by Felix Associates, LLC.

Please contBcl: me if you have any questions .

..., ... _, ll-.wo . /N osephrh PE.

1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 lei 77? / "77n.Q~?'J i:'1.v 77? / 77.(\.QAOh i= •• ~"' 1 ... f ... rRte-J-.e.e.""'"';..,""'£'1~ ....... ...,.

338

Bid# 2006056

Bid Title: 7 4th Ave. Force Main Loop Connection

Bid Opening Date: 3/8/06

Tim~: 2:00 pw

Bidders Name

Felix Assoc., LLC Pt. St. Lucie, FL Melvin Bush Construction, Inc. Pt. St. Lucie, FL Tri-Sure Corp. Auburndale, FL Timothy Rose Contracting, Inc. Vero Beach, FL Sheltra & Son Construction Indiantown, FL S .P .S: Contracting, Inc. Vero Beach, FL Cornerstone Business, Im. Zephyrhills, FL Danella Companies, Inc. Ft. Lauderdale, FL W. Jackson & Sons Construction PoIIJJlaoo Beach, FL COMMENTS:

"Cl i:! 0

pO_ "Cl ·-pO_

X

X

X

X

X

X

X

x·

X

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F.:/1Purclmi11~~056 Comuu.ci:iou Bid T11b

Sil o<l .... # .. l "' ~ X

X

X

X

X

X

X

X

Indian River County Purchasing Divl.sion 2525 St. Lucie Ave. Vcr<l Beacli, FL 32960

(772) 567-8000 ext. 1416

BID TABULATION SHEET

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&! ·i:: (J'.i Total Constrnciton p.. 0

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X X X X $ l, 136,435.00

X X X X $ 1,354,165.00

X X X X $ 1,187,394.00

X X X X $ 1,408,502.00

X X X X $ 1,147,147.47

X X X X $ 1,350,889.50

X X X X $ 1,525,103.20

X X X X $ 1,405,388.50

X X X X $ 1.435,000.00

Witness: J. Kreyling

Witness: K. Jackson

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BID FORM

l'rojt!d: '"/4th Ave Forte Main LoOp ConneCtlim South -of Slt :60"

Indian Rivtr County Did No. 2006056j · UCl' No. 259~, Wll' No. 472-l69000-~f519

Bid ~J, Item Estimated i Unit of lrcm N-0, De:5 rinHon Quantity ' Measure

' I l Mobilizalion (sre soclion 01025) ' 1 LS ;

2 Aerial Crossing ' 1 LS ] Directional Bores !

a. 12" D.B. @STA 201 + 10 80 LF b. 24" D.B. @STA 208 + 91 '100 LF c. 24" D.B. @STA 228 + 50 ·200 LF d. 12" D.B.@STA239+40 ; 40 LF c. 12" D.B.@STA 254+ 85 100 LF r. 12" D.B.@STA 334+00 ,!40 LF

g. 12"-D,8.@STA 353 + 00. 120 LF

h. 12" D.D.@STA 72 +79 ·!00 LI'

; __ 12" D.D.@STA 82 +94 ·L60 LI' ,1 Pipe '

a. 12"PVC-C900 9,883 LF b. 20" PVC-C905 20 LF c. 24" PVC- C905 2,411 LF

5 Valves •

a. 12" MJGV ' I Ii EA

b. 20" MJGV (side operated) ' '

! I EA

c. 24" MJGV (side operated) 3 EA

,1. 6"MJGV 2 EA

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! ; Cootractot's 'Bid I1em Ust

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' UnLt Price Total Price

5::>.l¾l'Y -~ 1'35':"a::> ,,,~-,'ll~/JI' 61)_.S-~.do . ~~ A /.;?. (.W'.),QC)

2£"/,a:'.) 3S'.'" ~.@ -z.~.t,o .S<-r.6~,a::, 173.PZ:> 6q'Zc,,.£>

36,Ca::> ~c~~ JZ3.oo 172?.L>.M-. O.~L:C> /( -'1S6,N' l.:'2./.bO I~ l otJ,a=:,. 11a.oe> fj~IJZ':. .

.3~.a:::> .5.~/'/7") ,'V

/~C".£0 Z.7a::>.~ //1,tX) 7h7.L.7..I.IY.

207.S-.a:, zz.v.,,:,,,,~ //_ 1~,.a> 10.w.M,a. /: ,?.Q>~ -?tanO•--

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-' ' BID FORM

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Prej-ed; '1 741h Ave Force Maln Loo~ ConneCti on South of SR 60 11

' ' I ~ ; Indian River Counly Bid No. 20060S6 UCI' No. 259fi, WIP No. 47i-16900~~ i519 l · - ' I

• • l ' - ) i -~, - ! t·, ' ! llid ' Bi It•m I ;. : Estimated i Unit o(

Jttm No. iJ,., rintion ? j 'Ouanlitv .Measure Unitfrke Total fri«

6 Tapping Va!Yes and Sleeves : . ·;

' 21. 2-4" X 1211 I EA 76,sl),a'.) ""JL.<a,..Y-b.12"X 12" ·:' I EA b':l~Llr: g./£k:lM"

7 Air Releas-e Valve /Box 5 EA /7,£/'},h"> £Rt:""a:> 8 Grassjng : 1 l2.018 LF , .s:.rc> ~6_/IQQtb

9 Connect to ex,st 24• I LS .69~-~ <4~t:0

IO Connect to exist 12" I LS /'-l,q}1. -tZ> , ,c6

II Co11:5tnu:::ti-0n Slake-Out I LS j.A, Ah ~ ~ 12 Record Drawings/As: BuiH Survey I LS • t''i. :S C/2> . '

Toto! Cons!ruelioo Cos! :SI// .31, ,¥,3& Ll . . .

The tJ11l1 pda: bjd for fumishl11g and lnstaliation/con'struction of force main shall include, but ls not ltmited- to, utilities exptoradon. coordination with any pennining ag11!ndes,. 111udio-visual documentation, tn:nchir1g., mnoving, disposing of and replacing tmsuitable (i.e •• plastic or organic) matedal, dewatering. installation of pipe and aH appurten1111ce~ trace wlres,. sleeves.. fiujngs, resrraincn~ filling trench, soH compaction,. Hushing. sampHn_g., resting, irrigation repair1 r-emovat djspositton and repiacement of surface over 1rcnck to pre-construction conditions. restoration of any pavement or stdewaJk damaged or destroyecl1 traffic -maintenance/control. -demobilization. Trench Safety Act Compliance.. Payment Bond and Perfonnance Bond. All materiats and installatlon s.haH be per Indian River County Utility Standards and Specificatlons: unless: otherwise noted in th~ biO

documents. Contractor wm be provtded with a oopy of construction plans in. AutoCADD formal, to use _in preparing Record Drawings.

Contractors Bid Item Usl 00310-5

$


Foreign Limited Liability

FELIX ASSOCIATES, LLC

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PRINCIPAL ADDRESS 335 CENTER A VE.

MAMARONECK NY 10543

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Document Number M03000003724

State NY

Total Contribution 0.00

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MAILING ADDRESS 335 CENTER AVE.

MAMARONECK NY 10543

FElNwnber 200240888

Status ACTIVE

Re2:istered A!!ent Name & Address

BLUMSJ!RG BXCEI..SlOR CORJ>ORA TE SERVICES, INC 4435 OU> WINTER GARDEN RD.

ORLANPO FL !2811

M 1M ana2:er b D em er ·1 eta1 Name & Address

SAJZ, ANSELMO !'RBS. · !0~ FISHER A VENUE

WHITE PLAINS NY 10606

BRESLIN, IOHN 48 WHIS'.fll!R RD

SCARSDALE NY 10SS3

AMA TO, VINCllNT / 124 ORION CIRCLE

JUPITER FI. l,477

II

Date Filed 10/30/2003

Effective Date NONE .

Title I

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I Report Year II Filed Date [ : 2004 II 05/12/2004

I 2005 :JI 06/30/2005

I 2006 I[ 01/30/2006

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01/30/2006 -- ANNU • r ""'P""T

Qp/30/2005 •• ANNUAL REPORT 05/1212004 -- ANNJJAI, J.l.m:!QRI 10/30/2003 •• Foreign Limited

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SECTION 00530 • EJCDC

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT dated the ____ day of in the year 2006 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Felix Associates, L.L.C. (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

. ARTICLE 1. WORK

CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows:

Construction of approximately 13,230 linear feet of master planned Sanitary Sewer Force Main and associated appurtenances from 18th Street, south along 74th Ave., then west along 12th St., and then south along 82nd Avenue to the intersection of 4th Street and 82"d Avenue where it connects to an existing force main, for the "74th Ave Force Main Loop Connection South of SR 60" in Vero Beach, FL. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, restrainers, soil compaction, testing, irrigation repair, private property replacement or repair, franchise utility repair and traffic control. PVC pipe shall be C-900 or C-905 as applicable per Indian River County Utility Standards and Specifications.

CONTRACTOR, as an Independent contractor and not as an employee, shall furnish, for the sum amount of $1.136.435.00, all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents.

ARTICLE 2. ENGINEER

The project has been designed by Joseph Schulke; Schulke, Bittle & Stoddard, L.L.C., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ·

00530 EJCOC • Agreement between OWner and Contractor

00530-1

J:\05-125 IR.O 7•1h Ava 1aree Maln\B1dding (:ootraet Spi!leiflc.,.tio~530 EJC:OC. AgrE10mant ~tween Owm:ir lilnd Contractor.dee 346

t \

ARTICLE 3. CONTRACT TIME.

3.1 The work will be completed in accordance with the following time frame.

(a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks:

1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be

utilized in the job. · 3. Perform all photographic recording and documentation· of conditions prior

to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 7. Notify all utilities and other affected parties prior to initiating construction.

(b) From 31 calendar days to 121 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer.

Completion of all tasks outlined above (i.e., Subparagraphs a and b) constitutes Substantial Completion.

(c) From 121 calendar days to 151 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perfonn contract closeout procedures.

Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense anq 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 four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for 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 four-hundred and fifty dollars ($450.00} for each day that expires after the time specified in Paragraph 3.1 ,for completion and readiness for final payment.

00530 EJCDC • Agreement between Owner and Contractor

00530-2

J:\05-126 IRC Mth Ave Forc& Maln\Biddi!'Lg Centract Sp(u=.ifi=tlons\00530 EJcoc • Ag,reeMent bFJtva:ii;in Owner and Oontr~tor .doi=. 347

\'

' \.

ARTICLE 4. CONTRACT PRICE.

4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of S1 1136,435.00.

ARTICLE 5. PAYMENT PROCEDURES.

5.1. Progress Payments. The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Govemment Prompt Payment Act, Florida Statutes section 218.70 et. seq.

5.1. 1. 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 pert;ent (50%) completion means the point at which the County as Owner has expended fifty percent (50%) of the total cost of the construction services Work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to · the construction services Work provided under the Contract Documents.

5.2. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor's certification. All progress payments will be on the basis of progress of the Work measured by the $Chedule 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 ha.If (1/2) of the retainage held by the County, and the County 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 or the Contractor. The Contractor acknowledges that where such retalnage 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 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 of the withheld retainage until the final pay request.

5.3 Paragraphs 5.1.1 and 5.2 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.


00530-3

J;\OS•t26 IR.O 74th Aw Force Maln\Blddlnc Conlract Spaclfiealkil'!!.\00~ EJCCC. A!:lreamont between Owner and Conlraclor.dac 348

ARTICLE 6. INTEREST.

Not Applicable.

ARTICLE 7. CONTRACTOR'S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work.

7.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes.

7.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR In order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions.

7.4 · CONTRACTOR has. correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has. discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

ARTICLE 8. CONTRACT DOCUMENTS.

The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the work, consist of the following:

00530 l:JCDC • Agre,rnent between Owner and Contractor

00530-4

J:\05-126 iRC 74th Ave Fo~ Main\Bldding Contract Speclflcation.:;.\00530 EJCOC -AgfeerMrit botwlilliln Owner end Contrai:.tor.doo 349

8.1 This Agreement (Section 00530).

8.2 . Performance and other bonds (Sections 00610 and 00620).

8.3 Notice of Award and Notice to Proceed.

8.4 General Conditions (Section 00700).

8.5 Supplementary Conditions (Section 00800) .

. 8.6 · Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, September 2004 or latest version'.

8.7 Drawings, inclusive with each sheet bearing the following general title "74th Ave Force Main Loop Connection South of SR 60"

8.8 Division 1 - General Requirements

8.9 Division 2 - Specifications - Site work

8.10 Addenda numbers_1_ to i, inclusive.

8.11 Indian River County Water and Wastewater Utility Ordinances.

8.12 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: . · All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 and 3.05 of the General Conditions; All construction permits (section 1060 ).

8.13 Bid Form (Section 00310)

There are no Contract Documents other than those listed above in this Article 8, The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions.

ARTICLE 9. MISCELLANEOUS

9.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents 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.

00530 l:JCOC • Agreement between Owner and Contractor

00530-5

J~\05-126 IRC 741h Aw~ FQr;e Msln\alddlng Contrael Si=,eeifie:!ltiom;\00530 EJCDC ~ Agrl!leJ11enl betwo~ Owner and Conb';;!c;;l<;ir.di;ic. 350

9.3 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 of all covenants, agreements and obligations contained in the Contract Documents.

9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER.

9.5 CONTRACTOR agrees to indemnify and hold harmless the COUNTY, together with its agents, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination · or expiration of this Agreement.

The Remainder of this Page Left Blank Intentionally


00530.\1

J:\05.126 IRC 74th AIJ& Force Maln\Bldding C0nlract Speclflcalions\00520 EJCDC -A~,;1111-ml b~n Owner and Contr.,,e.tor.dct. 351

' ' IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on ________ _. 2006 .

OWNER

Indian River County Board of County Commissioners

BY _______________ _


Attest: ___________ _ J. K. Barton, Clerk of the Circuit Court

By:, ____________ _

· Deputy Clerk

Approved:


Approved as to Fonn and Legal Sufficiency:

County Attorney

Address for giving notices

1840 25th Street

· Vero Beach, Florida 32960

CONTRACTOR

Felix Associates, L.L.C.

BY ____________ _

Vincent Amato, Vice President

(CORPORATE SEAL)

Attest: ___________ _

Address for giving notices

851 SW, Darwin Blvd.

Port St. Lucie. FL 34953

License No.CGC 1507744

Agent for service of process:

(If CONTRACTOR is a corporation, attach evidence of authority to sign)

"" END OF SECTION ••

00530 EJCDC • Agreement between Owner ~nd Contractor

00530..7

J;\05-126 IRC 74th AW! Fcrw M;ii11\8iddlng Conlriid. Specfficatlens\00530 EJC0C -Agri91Tlent between Ownor .Ind C<mlraclor.doc 352

DATE:

TO:

FROM:

PREPARED& STAFFED BY:

SUBJECT:


APRIL 28, 2006

·JOSEPHA. BAIRD, cp~ w. ERIK OLSON, D~OR

RATOR

()j-; lifie,S HJJ-

MICHAEL C. HOTCHKISS, P.E., CAPITAL PROJECTS JI} II-MANAGER, GORDON SPARKS, P.E., ENVIRONMENTAL ~_5 ENGINEER

CONTINUING CONSULTING SERVICES, WORK ORDER NO. 3 WITH MASTELLER & MOLER, INC. FOR ENGINEERING SERVICES FOR MASTER PLAN WATER MAIN ON 17TB STREET SW FROM 27TB A VENUE TO 43Ro A VENUE, UCP NO. 2807

BACKGBQJT!SD AND ANAJYSIS:

On April 6, 2004 the Board of County Commission approved a Continuing Contract Agreement for Professional Services with Masteller and Moler, Inc. The Department of Utility Services requested a proposal from Masteller and Moler, Inc. to design, permit, assist in bidding and provide construction phase services for a Master Planned Water Main on 1 ih Street SW from zi" Avenue to 43r<l Avenue. Work Order No. 3 (See Attachment 1) was received by the Department of Utility Services on April 27, 2006. The engineering services will be perfonned for a lump sum fee of $56,810.00. The estimated co11Btruction cost of the water main is $625,000.00.

·.

BECQMMR!SJlATJQN•

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Order No. 3 with Masteller and Moler, Inc. in the amount of$56,810.00 for engineering seivices and authorize the Chainnan to execute the same, as presented.

ATTACHMENTS:

1. Work Order No. 3 wi.th Masteller & Moler, Inc.

F:\Utilities\UTILTIY ~ ENGThlEERrnG\Projcct1:1 - Utility Construction Pennits\IRC. 171:b $t. SW 12-.inch Master Plan Water Main 27 Ave to 43 Ave. UCP #2807\AGENDA·· April 28, 2006.doc

353

APPROVED EQR AGENDA:

Indian

BY_-i Josep . Bai.rd County Administrator

FOR 5/R,jM, ~, Date

F:\Utilitics\UTJlJTY - ENGINEERINGl!'rojccts - Utility Construction P<Til'itslIRC - 17th St. SW ll-incl1 Ma,ter Plon Water Main 27 Ave to 43 Ave. VCP #2807\AGENDA • Aplil 28, 2006.doc

354

WORK ORDER NUMBER 3

This Work Order Numbei: 3 is entered into as of this _ day of ______ __, 200_ ("Effective Date') pu.,:suaot to that certain Continuing Cont.tact Agreement for Professional Services entered into as of April 6, 2004 ("Agreement''), by aod. between Indian Rivet: County, a political subdivision of the State of Florida ("COUNTY') and Masteller and Moler, Inc. ('CONSULTANT").

Tbe COUNTY has selected the CONSULTANT to perform the professional services set forth in Attachment 1 (Scope ofWoik), attached. to this Work Order and made part hereof by this refei:ence. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Attachment i (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timefume more particularly set forth in Attachment .:i (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the te=s and provisions set forth in the Agreement. Pursuant to pangrapb 1.4 of µie Ag1:eement, 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 i.ncorporated 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 fu:st written above. · ·

CONSULTANT: Masteller and Moler, Inc.

Title: President

Date: April 13, 2006


By: ----------------Arthur R. Neubetget, Chairman

BCC Approved: (Date)

Attest: J. K. Barton, Clerk of Court

By: --=-----=----------~-~ Deputy Clerk

355

Our File #0626 April 13, 2006

NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES

ATTACHMENT!

• Project Description

Work Order No. 3 provides for professional engineering services for the design, pennitting, bidding and services during construction of a 12" water main for conveyance of potable water in 17th Street SW between 27th Avenue & 43r<1 Avenue.

Work Order No. 3 is being implemented at this time to provide professional engineering services by Masteller & Moler, Inc. associated with 1he project described above. The work to be perfonned as part of this Work Order will generally include preparation of project design for the proposed 12" water pipeline, preparation of contract plans; preparation of specifications and bid documents; preparation and submittal of pennit applications, assistance during bidding and contract administration/periodic inspection for the pipeline project

The estimated project construction cost is $625,000.00

A brief description of the scope of services for Work Order No. 3 is provided below:

• Scope of Services

Task A - Construction Plans

Masteller & Moler, Inc. has received a route survey and base plans prepared by Masteller, Moler, Reed & Taylor, Inc. We shall use these base plans for design and preparation of construction Jllans for a 12" diameter water main. This project will connect to the existing 12" water main on 27'n Avenue and provide for construction of a 12" water main west along the north side of 17th Street SW with a directional bore under the Canal east of 43'4 Avenue and connecting to the proposed 12" water main on 43i:d Avenue. The estimated length of the proposed 12" water main is 5,400' ±. Our plans will show the necessary gate valves, air release valves, hydrants, directional boring, and construction details.

356

Attachement 1 4/13/2006 Page2

Task A-Permitting

Masteller & Moler, Inc. services include Florida Department of Environmental Protection (FDEP) permitting for the pipeline construction and operation. We will need a permit from the Indian River

· Farms Water Control District (IRFWCD). In addition, an Indian River County Utility and Right-of-way permit and the ACOE Nationwide 14 Permit will be needed. Masteller & Moler, Inc. will prepare the permit applications and supporting data and submit on behalf of the County. Permit application fees are not included in this Proposal.

Task B - Construction Services

Masteller & Moler, Inc. will provide assistance during bidding and periodic inspection of the pipeline system project on an as-needed basis to observe that construction is in reasonable compliance with the Contract Plans and Permits. We will also attend meetings, review shop drawings and monthly pay estimates from the contractor.

357


NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSUL TING SERVICES

ATTACHMENT 2

Method and Amount of Com:rumsation

Masteller & Moler, Inc. proposes to provide the above Scope of Services based on the following lump sum fees:

Tasks A Provide for Engineering Design; Preparation of Construction Plans; Preparation & Submittal of Permitting Applications & Preparation of Specifications and Bid Documents Utilizing Standard IRC Bid Documents. F orrns, Documents and Drawings will be in electronic Format MS Word

Task B. Assistance during Bidding, Bid Evaluation, Contract Award and Construction Administration and Periodic Administration and Periodic Construction /Field Inspection

$39,905.00

$16,905.00

358

t.,,)

01 (0

ATTACHMENT#2

LUMP SUM FEE TABULATION lNDIAN RIVER COUNTY 12" WATER PIPELINE ON 17TH STREET SW FROM 27TH AVENUE & 43RD AVENUE PROVIDE FOR ENGINEERING DESIGN I PREPARATION OF CONSTRUCTION PLANS AND PERMITTING APPLICATIONS/ PERPARATION OF SPEClflCATIONS AND BID DOCUMENTS

Englneeling O..sign

Preparatioll of Coostruction Plans

Preparation & A<,qslsil1on of Permils

Prepare Speclflcation'3 and Bid Documents

Tota.I (lm;/cost)

File0626LA Sched_manhours .xis {Design_ S1::!rvic:es}

Professional "=ineer $ 155.00

Hours Amount

15 $ 2,325.00

30 $ 4,650.00

25 $ 3,875.00

22 $ 3,410.00

92 $ 14,260.00 '

Proiect E=ineer Desi ner (CADl $ 125.00 $ 80.00

Houra Amount Hours Amount

12 $ 1,500.00 16 $ 1,260.00

15 $ 1,875.00 150 $ 12,000.00

25 $ 3,125.00 13 $ 1,040.00

12 $ 1,500.00 5 $ 400.00

64 $ 8,000.00 184 $ 14,720.00

4/13/2006

Administration $ 45.00 Tola! Comments

Hours Amount Cosls

5 $ 225.00 $ 5,330.00

10 $ 450.00 $ 18,975.00

13 $ 535.00 $ 6,625.00 Permils needed lrom fDEP, IRC, IRFWCD end ACOE

37 $ 1,665.00 $ 6,975.00 tnctudes firtal engilleer's estimate of oonslruciion oost.

65 $ 2,925.00 $ 38,905.00

w en 0

INDIAN RIVER COUNTY

ATTACHMENT #2

LUMP SUM FEE TABULATION

12"WATER PIPELINE ON 17TH STREET SE FROM 27TII AVENUE TO 43RD AVENUE A5$ISTANCE DURING BIDDING AND CONTRACT AWARD CONTRACT AOMINISTRATION/PERIODIC CONSTRUCTION OBSERVATION

Professfonal Ennlneer - Pmiect ln--ctor Administration

Assistance during Bidding II. Con!Jact Award

ContractAdmfrustralion

Periodic Construction Observation

Tota I (hrs/rosl)

File0626tA - Sch€d_manhours.>:ls

((;(instruction_ Servlces)

Hours

12

20

24

56

$ 155.00 Amount Hours

$ 1,860.00

$ 3,100.00 19

$ 3,720.00 67

$ 8,680.00 86

$ 70,00 $ 45.00 Amount Hours Amount

s - 35 s 1,575.00

$ 1,330.00 14 $ 630.00

$ 4,690.00 i -

$ 6,020.00 49 $ 2,205.00

4/13/2006

Total Commenls Cosls

$ 3,435.00

s 5,060.00 Includes review of ,

Shop.Dral'lings

s 8,410.00

s 16,905.00


NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES

ATTACHMENT #3

• Time of Perfonnance

The estimated time frame for completion of services . from the approval of this Work Order* is as· follows: ·

MlLESTONE

Engineering Design & Preparation of Construction Plans

.Submittal of Permit Applications And Receipt of Penni ts

Project Construction Services

*COMPLETION DATE

May 31, 2006

June 30, 2006

October 3 l, 2006

"'Dates are based on assumption that County Commission will approve on May 2, 2006.

361

DATE:

TO:

FROM:

INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES

AGENDA ITEM

MAY9, 2006

JOSEPH rt\8~1~DMINISTRA TOR

W. ERIK ~~. DIRECTOR OF UTILITY SERVICES

SUBJECT: WASTEWATER PLANT GENERATOR REPLACEMENT REQUEST FOR WAIVER OF NORMAL BID PROCESS

Background:

The Utility Department Regional West Wastewater plant utilizes a 1000 KW generator to supply auxiliary power in cases where local FPL power has been lost. During hurricanes Frances and Jeanne, the wastewater. plant lost FP&L power for nine (9) days. Subsequently, the plant operated off auxiliary power during that time. In addition to the practical requirement of having auxiliary power for · hurricanes and general power outages, the Florida Department of· Environmental Protection, (FDEP), requires utility systems to have auxiliary power generators.

Recently, the West Wastewater plant generator experienced engine failure. · Subsequently, the. Utility Department received two repair est.imates for the generator, in the amount of $93,000 and $98,000. Suppliers of generators have given long lead times for delivery of large generators, with estimates. that range from six to fourteen months. The Department's Engineering consultants indicated that a replacement generator could cost as much as $250,000. The recent estimates for a new generator were shown to be approximately $140,000.

Analysis:

After a great dtalal of research, the Purchasing Department was not able to locate · a specific 1 000KW generator that was both available, and could be purchased by a piggyback. However, a thorough review of recent governmental purchases has shown that the City of Lake Worth recently purchased a 1000KW generator through Pantropic Power, out of Miami Florida.

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362

The Lake Worth Generator did not meet the latest EPA emission requirements. However, Pantropic does have an available 1 000KW generator, in stock, that does meet the new fuel requirements, and has indicated that they will sell us this generator at the same price paid by the City of Lake Worth; $139,770. This does not include an exhaust system, which will cost approximately $10,000.

Because of the immediate availability of this generator, and at a price equal to that which was purchased by the city of Lake Worth, Utility staff is requesting a waiver of the normal bid process so that this generator can be immediately purchased. Failure to act immediately on this available generator may place us in a position of not having an auxiliary generator for the upcoming hurricane season.

Recommendation:

Because of the extreme urgency in replacing this generator as quickly as possible, the Utility Department requests a waiver of the formal bid process to acquire this available generator from Pantropic for $139,770.

APPROVED FOR AGENDA:

By:-,---=.-!" Jose A Baird, County Administrator

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363

INDIAN RIVER COUNTY, FLORIDA MEMORANDUl\1

TO: Honorable Emergency Services District Board of Commissioners

THROUGH: Joseph A. Baird, County Administrator I

John King, Director ) \~ Department ofEmer~y'iervices

FROM:

DATE: May4,2006

SUBJECT: Construction Services Contract (Part 2 Agreement) with Barth Construction for the Replac1c1ment of Emergency Services Station No. 4

It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

On September 13, 2005, the Board approved a Design/Build agreement with.Barth Construction for the renovation and construction of Emergency Services Stations (RFQ #7035). Attached, plea:se find a modified Standard Fonn A1A (American Institute _of Architects) Part 2 Agreement for the replacement of Emergency Services Station No. 4.

The Part 2 Agreement (construction services) requires the design/builder to submit final construction documents, provide required insurance, and outlines progress payments leading to project completion. ln accordance with Florida Statute 287, the County's architect, Donadio and· Associates, has reviewed the proposal and recommends approval as presented.

RECOMMENDATION:

Staff considers the attached Part 2 Agreement reasonable compensation for the proposed work and recommends the Board authorize the Chairman to execute the Agreement. As noted in earlier agenda items, funding for the replacement project includes insurance reimbursements, FEMA reimbursements, and District reserve funds. ·

ATTACHMENT:

1. Part 2 Agrl,ement for Emergency Services Station Number 4 2. Letter from Donadio and Associates, Architects, P.A., dated May 5, 2006

364

APPROVED FOR AGENDA

FOR: May 16. 2006

Jo ph A. Baird ounty Administrator

Iildb.a Rlvv C•

--·

365

May05,2006

Mr. John King Indian River County EMS 1840 25th Street Vero Beach,.Florida 32960

.,, .~ ' ' '

DONADIO & Associates, Architects, P.A.

RE: Indian River County Fire Station #4 Part II Agreement Review Project No. 5018.001,4.1.2

Dear Mr. King,

I have reviewed the Design/Build Part II Agreement, back up construction cost information and the Construction Documents for Fire Stati9n #4, as provide to me by your office. Based on this review, to the best of my Professional knowledge and belief, the Design/Build Part II Agreement and Construction Documents appear to be inclusive of the required work, the costs are fair and reasonable based on current construction market conditions. ·

Should you have any questions regarding the above, please feel free to contact me.

Sincerely,

nt . Donadio A.I.A., NCARB

609 17"' Street Vera Beach, Florid~ 3;l960 Phone 772 794 2929 . Fax 772 562 8600 Email [email protected] LiceIJSo No. AA0002238

366

••• !!!!t.! General Contractor

April 27, 2006 corrected S,OS.06

John King Indian River County Emergency Services I 840 251h Street Vero Beach, Florida, 32960

Re: Station #4

Mr. King,

CGC007847

We are pleased to present to you an updated Part II proposal for Fire Station #4. A summary of the updall!!d project costs follows;.

Original Part II Design & Construction Costs

Drywall Bid Package savings \.,andscapellrrigation Bid Package savings Fencing Bid Package Savings Window & -Storefront

Subtotal Value Engineering Options

Delete Monument Sign Delete aluminum railings

· Delete Corbels Delete 1 ' band at the top of all walls Delete I ½" reveal joint on all walls Delete 6" bands 81 all doors including garage doors

Subtotal

Revised Part II Design & Construdion Costs

$2,217,695.00

<$9,000.00> <$5,000.00> <$11,705.00> <$5,400.00

<$31,105.00>

<4,850.00> <$1,200> <$1,760> <$2,350> <$1,225> <$2,560>

<$13,945:00>

$2, t 82,645.00

The Following Allowance items are included in the Design & Construction Costs shown above: Project Contingency $75,000.00 Building signs $3,500.00 Appliances $15,900.00 EMS Shelving $1,000.00

Project Management will be billed as a cost of the job at a rate on $100.00/hour including Burdens & Benefits Project Supervision will be billed as a cost of the job at a rate of$75.00/hour including Burdens & Benefits

Thank you

Jason Fykes Barth Cons1ruction, Inc.

1717 Indian River Boulevard* Suite 202A * .Vero Beach, Florida 32960 Phone: (772) 778-3072 * Fax: (772) 770-3017 E-mail: [email protected] • Internet: l!,!WW.baithconstruction.com E:\Projects\lRC Fire Stations\4 STATION #4\revised construction proposal correcteed 5.03 .06.doc 367

TABLE OF ARTICLES

PART 2 AGREEMENT

1. GENERAL PROVISIONS

2. OWNER

3. . DE~IGN/BUILDER

4. TIME

5. PAYMENTS

6. PROTECTION OF PERSONS AND PROPERTY

7. INSURANCE AND BONDS

8. CHANGES IN THE WORK

9. CORRECTION OF WORK

Fi re Station #4 Part 11 Agreement

10. DISPUTE RESOLUTION - MEDIATION AND ARBITRATION

11. MISCELLANEOUS PROVISIONS

12. TERMINATION OF THE AGREEMENT

1.3. BASIS OF COMPENSATION

14. OTHER.CONDITIONS AND SERVICES

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THIS AGREEMENT made as of the Blil day of lilll in the year of ~ BETWEEN the Owner:

For the following Project:

The architectural services described in Article 3 will be provided by the following person or entity who is lawfully licensed to practice architecture:

Name and address Registration Relationship to Number Desi n/Builder ~

Normal structural, mechanical and electrical engineering services will be provided contractually through the Architect except as indicated below:

Name, address and discipline Registration Number ~

The Owner and the Design/Builder agree as set forth below.

TERMS AND CONDITIONS - PART 2 AGREEMENT

ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS

Relationship to Desi n/Builder

§ 1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement, the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section 3.2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a written amendment to this Part 2 Agreement signed by both parties, or a Construction Change Directive issued by the Owner in accordance with Section 8.3.

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,,

§ 1. 1.2 The term "Work" means the construction and seivices provided by the Design/Builder to fulfill the Design/Builder's obligations.

§ 1.2 EXECUTION, CORRELATION AND INTENT · § 1.2.1 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.2.2 If the Design/Builder believes or is .advised by the Architect or by another design professional retained to provide services on the Project that implementation of any. instruction received from the Owner would cause a violation of any applicable law, the Design/Builder shall notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law.

§ 1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and if}ny person or entity other than the Design/Builder.

§ 1.3 OWNERSHIP AND USE OF DOCUMENTS § 1.3.1 The Owner hopes to use the plans, Drawings, specifications, arid ether documents and electronic data furnished by the Design/Builder as a prototype for constryction of other fire stations in the future. ai:e iAstr\,Jments ef service. The Design/Builder's Architect and other providers of professional seivices shall retain all common law, statutory and other reserved rights, including copyright in those · instruments of service furnished by them, except the owner shall have the right to reuse the instruments for construction of additional fire stations. blR.lWiAgs, speeifioations, ane other doeumen~s and _eleotronieelata are furnished for use salely •Nith rospeet to this Fart 2 l',si:eement. The Owner shall be permitted to retain copies; including reproducible copies, of the drawings, specifications, and other documents and electronic data furnished by the Design/Builder for information and reference in connection with the Project except as provided in Sections 1.3.2 and 1.3.3. The Owner intends that the documents, drawings, plans, specifications and electronic data are intended to be , reused at some future time. Pursuant to FS 287.055(10}, the documents and plans shall contain notice to the public that the plans are subject to reuse.

§ 1.3.2 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, except by agreement in writing and with appropriate compensation to the Design/Builder, unless the Design/Builder is adjudged to be in default under this Part 2 Agreement or under any other subsequently executed agreement. '

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/

§ 1.3.3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, the Architect shall grant a license to the Owner to use the drawings, specifications, and other documents and electronic data furnished by the Architect to the Design/Builder for

· the completion of the Project, conditioned upon the Owner's execution of an agreement to cure the Design/Builder's default in payment to the Architect for services previously performed and to the extent allowed by law, indemnify the Architect with regard to claims arising from such reuse without the Architect's professional involvement.

§ 1 ;3.4 Submission or distribution of the Design/Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section 1.3.1.

ARTICLE 2 OWNER § 2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall render decisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may obtain independent review of the Contract Documents by a separate architect, engineer, contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work.

• § 2.2 The Owner may appoint an on-site project representative to observe the Work and to have such other responsibilities as the Owner and Design/Builder agree in Writing.

§ 2.3 The Owner shall cooperate with the Design/Builder in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the Desi_gn/Builder's Proposal.

§ 2.4 The Design/Builder O•Nner shall furnish services of land surveyors, geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under the Part 1 Agreement, when such services are deemed necessary by the Design/Builder to properly carry out the design services required by this Part 2 Agreement.

§ 2.5 The Owner shall disclose, to the extent known to the Owner, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsuliace conditions. The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site.

§ 2.6 The Owner shall furnish all legal, assmmting ana insurance counseling servioes as may be necessary at any tirneJor the PFOject, ineluaing sueh auditing serviees as the Owner n:iay require to \10Fify tl:ie Design/Builder's Applications for Payment.

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§ 2.7 Those services, information, surveys and reports required by Sections 2.4 and 2.5 throu§h 2.@ which are within the Owner's control shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon the accuracy and completeness thereof, except to the extent the Owner advises the Design/Builder to the contrary in writing.

§ 2.8 If the 0 11mer requires the blesigR~liluilder to maiRtaiR aRy special ins1,1ranee eo1,erage, policy, amenement, or rider, the O>A<ReFshall r:iay tho aelditiorn:il oost thereof, ~ept as other.vise stipulates iR this Part 2 AgreemeRt.

§ 2.9 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Design/Builder's Proposal or the Construction Documents, the Owner shall give prompt written notice thereof to the Design/Builder.

§ 2.10 The 0•1mer sl'lall, at the request of the Design/BHileler, lf)Fier to execHtieR of this Part 2 Agreement and 19romptly Hpon request thereafter, fl..trnish to the Design/Builder reasonable evidence that financial arrangements have boon made to fulfill the Owner's obligations 1:1Ri:ler the GoRtraet.

§ 2.11 Th1;1 Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder, unless otherwise directed by the Design/Builder.

ARTICLE 3 DESIGN/BUILDER § 3.1 SERVICES AND RESPONSIBILITIES § 3.1.1 Design services required by this Part 2 Agreement shall be performed by qualified architects and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder.

§ 3.1.2 The agreements be).Ween the Design/Builder and the persons or entities identified in this Part .2 Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall bE: promptly and fully disclosed to the Owner upon request.

' § 3.1.3 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Design/Builder's obligations under this Part 2 Agreement.

§ 3.2 BASIC SERIVICES § 3.2.1 The Design/Builder's Basic Services are described below and in Article 14.

§ 3.2.2 The Design/Builder shall designate a representative authorized to act on the Design/Builder's behalf with respect to the Project.

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§ 3.2.3 The Design/Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall: ·

.1 be consistent with the intent of the Design/Builder's Proposal:

.2 provide information for the use of those in the building trades; and

.3 include documents customarily required for regulatory agency approvals.

§ 3.2 4 The Design/Builder, with the assistance of the Owner, shall file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project.

§ 3.2.5 Unless otherwise provided in the Contract Documents, the Design/Builder shall . provide or cause to be provided and shall pay for design services, labor, materials,

equipment, tools, construction equipment and machinery, water, heat, utilities, transportation arid other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.2.6 The Design/Builder shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under this Part 2 Agreement.

§ 3.2.7 The Design/Builder shall keep the Owner informed of the progress and quality of the Work.

§ 3.2.8 The Design/Builder shall be responsible for corrE;Jcting Work which does not conform to the Contract Documents.

§ 3.2.9 The Design/Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the construction will be free from faults and defects, and that the construction will conform with the requirements of the Contract Documents. Construction not conforming to these requirements, including substitutions not properly approved by the Owner, shall be corrected in accordance with Article 9.

§ 3.2.10 The Design/Builder shall pay all sales, consumer, use and similar taxes which had been legally enacted at the time the Design/Builder's Proposal was first submitted to the Owner, and shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of a contract for construction or are-legally required at the time the Design/Builder's Proposal was first submitted to the Owner.

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§ 3.2.11 The Design/Builder shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project.

§ 3.2.12 The Design/Builder shall pay royalties and license fees for patented designs, processes or products. The Design/Builder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or.loss when a particular design, process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a requ)red design, process or product is an infringement of a patent, the Design/Builder shall be responsible for such loss unless such information is promptly furnished to the Owner.

§ 3.2.13 The Design/Builder shall keep the premises and surrounding area free from accumul.ation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the Design/Builder shall remove from the

. site waste materials, rubbish, the-•esign/Builder's tools, construction equipment, machinery, and surplus materials. ·

§ 3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes that the Work or an agreed upon portion thereof is substantially completed. If the Owner concurs, the Design/Builder shall issue a Certificate of Substantial Completion which shall establish the Oate of Substantial Completion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance, shall include a list of items to be completed or corrected and shal.1 fix the time within which the Design/Builder shall complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance with provisions of Article 10.

§ 3.2.15 The Design/Builder shall maintain.at the site for the Owner one record copy of· the drawings, specifications, product data, samples, shop drawings, Change Orders and other modifications, in good order and regularly updated to record the completed construction. These shall be delivered to the Owner upon completion of construction and prior to final payment.

§ 3.3 ADDITIONAL SERVICES § 3:3.1 The services described in this Section 3.3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Part 2 Agreement, in addition to the compensation for Basic Services. The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by the Owner.

§ 3.3.2 Making revisions ln drawings, specifications, and other documents or electronic data when such revisions are required by the enactment or revision of codes, laws or regulj.'ltions subsequent to the preparation of such documents or electronic data.

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§ 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work.

§ 3.3.4 Providing services in connection with a publis hearing, arbitration proceeding or legal proceeding, except where the Design/Builder is a party thereto.

§ 3.3.5 Providing coordination of construction performed by the Owner's own forces or separate contractors employed by the Owner, and coordination of services required in connection· with construction performed and equipment supplied by the Owner.

§ 3.3.6 Preparing a set of reproducible record documents or electronic data showing significant changes in the Work made during construction.

§ 3.3.7 Providing assistance in the utilization of equipment or systems such as preparation of operation and. maintenance manuals, training personnel for operation and

. maintenance, and consultation during operation.

ARTICLE 4 TIME § 4.1 Unless otherwise indicated, the Owner and the Design/Builder shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project.

§ 4.2 Time limits stated in the Contract Documents are of the essence. The.Work to be performed under this Part 2 Agreement shall commence upon receipt of a notice to proceed unless otherwise agreed and, subject to authorized Modifications, Su_bstantial Completion shall be achieved on or before the date established in Article 14.

§ 4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 4.4 Based on the Design/Builder's Proposal, a construction schedule shall be provided consistent with Section 4.2 above.

§ 4.5 If the Design/Builder is delayed at any time in the progress of the Work by an act or neglect of the Owner, Owner's employees, or separate contractors employed by the Owner, or by changes ordered in the Work, or by labor disputes·, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the Design/Builder's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Owner and Design/Builder agree may justify delay, then the Contract Time shall be reasonably extended by Change Order.

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ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for Payment in such detail as indicated in Article 14. ·

§ 5.1.2 Upon 1A!i~hin ten (10) elays ~ the Owner's receipt of a properly submitted and correct Application for Payment, the Owner shall make payment to the Design/Builder in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq.

§ 5.1.3 The Application for Payment shall constitute a representation by the Design/Builder to the Owne~ that the design and construction have progressed to the point indicated, the quality of the;1 Work covered by the application is in accordance with the Contract Documents, and the Design/Builder is entitled to payment in the amount requested.

§ 5.1.4 Upon receipt of payment from the Owner, the Design/Builder shall promptly pay the Architect, other design professionals and each contractor the amount to which each is entitled in accordance with the terms of their respective contracts.

§ 5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be responsible in any way for payment to the Architect, another design proft;!ssional _or a contractor performing portions of the Work.

§ 5.1.6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents.

§ 5.1.7 The Design/Builder warrants that title to all construction covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design/Builder further warrants that upon submittal of an Application for Payment all construction for which payments have been received from the _Owner shall be free and clear of liens, claims, security interests or encumbrances in favor ofthe Design/Builder or any other person or entity performing construction at the site or furnishing materials or equipment relating to the construction.

§ 5.1.8 At the time of Substantial Completion, the Owner shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work.

§ 5.2 FINAL PAYMENTS § 5.2.1 Neither final payment nor amounts retained, if any, shall become due until the Design/Builder submits to the Owner: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property qiight be responsible or encumbered (less amounts withheld by the Owner) have been,paid or otherwise satisfied; (2) a certificate evidencing that insurance

9 376

required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner: (3) a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of such lien.

§ 5.2.2 When the Work has been completed and the contract fully performed, the Design/Builder shall submit a final application for payment to the Owner, who shall make final payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. within 30 days of i:eeeirat.

§ 5.2.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from:

.1 liens, claims, security interests or encumbrances arising out of the Contract · and unsettled; ·

.2 failure of the Work to comply with the requirements of the Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

§ 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment.

§ 5.3 INTEREST PAYMENTS § 5.3.1 Payments due the Design/Builder under this Part 2 Agreement which are not paid when due shall bear interest in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. fl:om the elate e.h:10 attl=le Fme Sl!eoitlcel in l'.11iolc 13, ar in tl:.ie aescm:ie· of a Sl!ceifieel rote, at tl:.ie legal rate prevailing wl:.iere tl:.ie Projeot is loeatea.

ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY § 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing supervision of all safety precautions and programs in connection with the performance of this Part 2 Agreement.

§ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall · provide reasonable protection to prevent damage, injury or loss to: (1) employ~es on the Work and other persons who may be affected thereby; (2) the Work and materials

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and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Design/Builder or the Design/Builder's contractors; and (3) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways·, structures and utilities not designated for removal relocation or replacement in the course of construction.

§ 6.3 The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss.

§ 6.4 The Design/Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the Contract Documents) to property at the site caused in whole or in part by the Design/Builder, a contractor of the Design/Builder or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.

ARTICLE 7 INSURANCE AND BONDS § 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE § 7 .1.1 The Design/Builder shall purchase from and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Design/Builder from claims set forth below which may arise out of or result from operations under this Part 2 Agreement by the Design/Builder or by a contractor of the Design/Builder, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under workers' compensation, disability benefit and other similar employee benefit laws that are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Design/Builder's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of persons other than the Design/Builder's employees;_

.4 claims for damages covered by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Design/Builder or (2) by another person;

.5 claims for damages, other than to the Work itself, because of injuryto or destruction of tangible property', including loss of use resulting therefrom;

.6 · claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

.7 claims involving contractual liability insurance applicable to the Design/Builder's obligations under Section 11.5.

§ 7 .1.2 The insurance required by Section 7 .1.1 shall be written for not less than limits of liability specified in this Part 2 Agreement or required by law, whichever coverage is greater. Coverages, whether written '.on an occurrence or claims~made basis, shall be

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maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required· to be maintained after final payment.

§ 7 .1.3 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner immediately after execution of this Part 2 Agreement. These Certificates and the insurance policies required by this Section 7 .1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the application for final payment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable promptness in accordance with the Design/Builder's information and belief.

§ 1.2 O'NNER'S biABILITY INSYRANGE § 7.2.1 The Q•1mer shall be responsiele f.er purohasing and rnaiRtaining the Owner's usual liability insurance. Optionally, the Ov.mer may purohase and rrmintain other insurane19 f.er salt protectil'ln against claims whicl:l may arise from operatians under this Flart 2 Agreement. The Desi!l)ntii!,uilder shall not be respansible fur purohasing and maintaining this optional Owner's liability insurance unless speeifioally required by the Cantrast Deeuments.

§ 7 .3 PROPERTY INSURANCE § 7 .3.1 Unless otherwise provided under this Part 2 Agreement, the Owner shall purchase and maintain, in a oompany or oompanies authorized to do ousiness in the }blFisdiotion-ln wl:licl:l the princii;ial imi;irovements are te be leeated, property insurance upon the Work to the full insurable value thereof on a replacement cost basis •.-.•itheut eptienal eeeuotibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required by this Section 7.3 to be insured, whichever is earlier. This insurance shall include interests of the Owner, the Design/Builder, and their respective contractors and subcontractors in _the Work.

§ 7 .3.2 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the services and expenses of the Design/Builder's Architect and other professionals required as a resuit of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

§ 7 .3.3 If the Owner does not intend to purchase such property insurance required by this Part 2 Agreement and with all of the coverages in the amount described above, the

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, Owner shall so inform the Design/Builder prior to commencement of the constr1.Jction. The Design/Builder may then effect insurance which will protect the interests of the Design/Builder and the Design/Builder's contractors in the construction, and by appropriate Change Order the cost thereof shall be charged to the Owner, If the Design/Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as de-scribed above, then the Owner shall bear all reasonable costs properly attributable thereto.

§ +.l.4 Unless atl:1erv.'ise provielea, the Owner shall p1;11'Ghase ana maintain s1;1ch laailef ana machinery ins1;1rance req1;1ired by this Part 2 .'\greement or by law, whieh shall specifically eo~•er such insured objects during installation and until final aeeeptanee by the Q,,.,,ner. This insurance shall in elude interests of the Owner, the Design/BYilaer, the Design/liluilder's contractors ana s1;1ecaRti:aetors in the 'i1/<lrk, and the Design/B1;1ilder's Architect ana other design professionals. The GwRer and the Desi9n/li.l1;1ilelor shall be named iAewreds.

§ 7 .3.5 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 7.3.10, The Design/Builder shall pay contractors their shares of insurance proceeds received by the Design/Builder, and by appropriate agreement, written where legally required for validity, shall require contractors to make payments to their subcontractors in similar manner.

§ 7 .3.6 Before an exposure to loss may occur, the Owner shall file with the Design/Builder a copy of each policy that includes insurance coverages required by this Section 7.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the. policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Design/Builder.

§ 7.3.7 If the DesigAtBuilder req1;1ests iA writing that iASUFaAGe for risks otl:!er than those describeel herein er fur other si;ieoial haaards be inol1;1deel in tl'le property inm:1raAoe i;ialiey, the Qwner shall, if i;iassible, obtain swsh insumnce, and the eest thereof shall ee ohargeel to the Design/B1;1ilder by ai;ipropFiate ChaAge .order.

§ 7.3.8 The Owner and the Design/Builder waive all rights against each other and the Architect and other design professionals, contractors, subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 7 .3 or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance.held by the Owner as trustee. The Owner or Design/ Builder, as appropriate, shall require from contractors and subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated in this Section 7.3. The pol,icies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as

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to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 7.3.9 If reqwireel iR writing by a iiarty in interest, t"1e OYmer as tr1:1stee s"1all, l:lflen ooowrrem;e of an inswreel less, §live bonel for f)rof)er f)erforrnanse af the Owner's el1:1ties. The sost of reqwired bonds shall be charges against f)rooeees received as fidwsiary. +he Owner shall elef)osit in a sef)arate acsen,int 13reoeeds so resei11ed, which the Owner shall eisf:ribute in asoarelanee with such agreement as the parties in interest rnay reasf:I, er in aosordaAoe vlith an arbitratian award in whioh sasa tf:le 13reoee1:1re shall be as fJre•,ided in .6.rtiole 10. If after SYCh loss rie atl:ier special agreernent is maele, ref)lason:1ent of damal!)ed 1/1/-ork s"1all be covered lay appropriate Change Order.

§ 7.3.10 The Owner as trustee shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing, within five (5) days after occurrence of loss to the Owner's exercise of this power; if such objection be made, the parties shall enter into dispute resolution under procedures provided in Article 10. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

§ 7 .3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Design/ Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall not, without mutual written consent, take any action with respect

. to partial occupancy or use that would cause cancellation, lapse or reductjon of coverage.

§ 7.4 bOSS OF USIE OF INSURANCE § 7.4.1 The..Qi.¥ner, at the Owner's option, may pmohase anel n:1aintain suoh irisui:aR-ee as-will insure tf:le O•NR0r agaiR&t less of use of the Owner's pre13erty due to fire or otl'lor hazarels, hO',\<e'J0r saused. The O'A'R0F •Nai•Jos all rights of action against tf:le [)esign/Buileler for loss of use ef the Oi,•mer's prof)o~•, irioludin§I oonsequontial looses dye-to fire or otf:lor hazards, f:lewover sauseel. ·

ARTICLE 8 CHANGES IN THE WORK § 8.1 CHANGES . § 8.1.1 Changes in the Work may be accomplished after execution of this Part 2 Agreement, without invalidating this Part 2 Agreeme11t, by Change Order, Construction Change Directive, or order for a minor change in the Work, subject to the limitations stated in the Contract Documents.

§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder: a Construction Change Directive may be issued by the Owner without

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the agreement of the Design/Builder; an order for a minor change in the Work may be issued by the Design/Builder alone.

§ 8.1.3 Changes in the Work shall be performed under applicable provisions of the Contract .Documents, and the Design/Builder shall proceed promptly, unless otherwise provided in the Change Order, Constru.ction Change Directive, or order for a minor change in the Work.

§ 8.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or the Design/ Builder, the applicable unit prices shall be equitably adjusted.

§ 8,2 CHANGE ORDERS § 8.2.1 A Change Order is a written instrument prepared by the Design/Builder and signed by the Owner and the Design/Builder, stating their agreement upon all of the following:

.. 1 a change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time.

§ 8.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects notto proceed with the change, a Change Order shall be issued to reimburse the. Design/Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Contract Documents.

§ 8.3 CONSTRUCTION CHANGE DIRECTIVES § 8.3.1 A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

§ 8.3.2 Except as otherwise agreed by the Owner and the Design/Builder, the adjustment to the Contract Sum shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributableto the change, including the expenditures for design services and. revisions to the Contract Documents. In case of an increase in the Contract Sum, the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be limited to the following:

.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance;

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.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3· -rental costs of machinery and equipment exclusive of hand tools, whether rented from the Design/Builder or others;

.4 costs of premiums for all bonds and insurance permit fees, and sales, use or similar taxes:

.5 additional costs of supervision and field office personnel directly attributable to the change; and fees paid to the Architect, engineers and other" professionals.

§ 8.3.3 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Design/Builder to the Owner for deletion or change which results in a net decrease in the Contract Sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and. profit shall be figured on the basis of the net increase, if any, with respect to that change. ·

§ 8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. § 8.4 MINOR CHANGES IN THE WORK § 8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and construction consistent with the intent of the Contract Documents when such minor changes do not involve adjustment in the Contract Sum o_r extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in writing, of minor changes in the Construction Documents and construction.

§ 8.5 CONCEALED CONDITIONS § 8.5.1 If conditions are encountered at the site which are (1) subsurface- or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusuai"nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim by either party made within 21 days after the claimant becomes aware of the conditions.

§ 8.6 REGULATORY CHANGES § 8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or revisions of codes, laws or regulations subsequentto the submission of the Design/Builder's Proposal.

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ARTICLE 9 CORRECTION OF WORK § 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be defective or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including additional testing and inspections.

§ 9.2 If, within one (1) year after the date of Substantial Completion of the Work or, after the date for commencement of warranties established in a written agreement between the Owner and the Design/Builder, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Design/Builder shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Design/ Builder a written acceptance of such condition.

§ 9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under th.e Contract Documents. Establishment of the time period of one (1) year as describ.ed in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect.

· to the Design/Builder's obligations other than specifically to correct the Work.

§ 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Design/Builder to stop the Work, .or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.

§ 9.5 If the Design/Builder defaults or. neglects to carry out the Work in accordance with the. Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the · Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/ Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.

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ARTICLE 10 DISPUTE RESOLUTION MEDIA:rlON AND AREIITRA+IQN § 10.1 Claims, disputes or other matters in question between the parties to this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof shall be subject to the following procedure:

the dispute shall.first be addressed by a meeting between the owner, Design/Builder, Architect and Owner's Representative.

If the dispute is not remedied, the parties shall submit the dispute to the County Administrator or his assign, who shall make the final decision on the matter.

The resolution of the dispute shall· be reduced to writing and attached to this agreement. and deoided ey i:neeliatien or areitn11tian. Such mediatian or arl:iitration shall oo-eenduoted in aeooraanoe with the Gen:i-struotion Industry Mediation or Areitration Rules of the Arnerioan Aroitration Assooiati0n ourrently in effeeb

§-40.2 In addition to and prior te areitratien, the parties shall endeavar to settle disputes ey mediation. Demand for mediation shall l:ie filed in 11.•riting .•Nith the other 19ar:ty to this f-lart 2 AgreemeFltand with the ,A.rnerisan Arl:iitration Assesiatien. A demam:I for mediation shall be maae within a reasonable time after the olaii:n, elispute or other matter in quos~on has arisen. In ne e\'ent shall the demand for mesiatien l:ie made after the date when institution eJ l~al or equitable f)reoeedings based en such claim, dispute or other matter in questieR •,vauld be barred ey the applicable statutes m repose or limitatians. ·

§ 10.3 Qemand fer areitratian shall be flied in writing with the etl=ler party to this Part 2 Agreement and v.•itl=l tl=le AmeFioan Arbitration Association. A demand for arbitratien shall be made within a reasonable time after the cla.im, dispute or 0ther matter in

. qwestian has arisen. In no e>1ent shall the den'land for areitration be made after tl=le date when iRstitution of: le9al or equitable procaeelings based OR sueh claim, disp1,1te or other matter in queooon ,...,01,11!\I l:ie l:iarred by the applisal:ile statwtas eJ i:epose or limitations.

§ ~0.4 An arbitration puFSuant te tl=lis Artiole may ee joined with an arl:iitration invel•,•lR§ oernmon issues m la'N or fact eetween the Design,iQuileler and any peFSon or entity with wham the DesignlBuilder has a centraotual obligatien te arl:iitrato dispwtes. No other arbitrati0n arising e1,1t af or relating to this F!art 2 Agreement sl=lall inolude;-&y eonsolidatieR, joinder or h,any other manner, aR additional pei:sen or entity R0t a party to tl=lis Part 2 Agreement or not a fJBFty to an agreefl'lent !Nith the Deoign/Builder, ell!eef)t sy written oensent coRtaining a specific i:eference to this Part 2 AgroemeRt si9ned by the Owner, the Design/Builder and any other persen or entities so1,1gl=lt to be joiRee. ConsaRt to arbitratien invol¥in§ an additienal person or eRtity shall not censtitute consent to arsitration of any claim, elispute or other matter in questieR not describeel in the written ceRsent or with a person or entity net named or described therein. Tl=le fore!!Jeing agreeR'lent to arbitrate anel ether agreeR'leAts ta arbitrate wit.A an additieRal person er entity duly eonsented te by tl=le 19arties to this PaFt 2 AgroeR'lent shall be s19eoifically enforoeable iR aooeraance with apf)lieable law iR aRy couFt haviR§ jurisdiction thereof. ·

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§ 10.5 Tl=le a-warn Fendered by the areitrater or arl:litratms st:iall be final, and jl:ld§ment may be entered l:lpon it in aooordanse with applicable la1N in any ce1,1rt l=laving j,l¾Fi,sdiction tt:iereef.

ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Unless otherwise provided, this Part 2 Agreement shall be governed by the law§. of the State of Florida. Venue for any lawsuit brought by any party arising from this agreement shall be in Indian River County. Florida, or in the event of federal jurisdiction,

. the US District Court for the Southern District of Florida. place where tl=le Projest is leeated. ·

§ 11.2 SUBCONTRACTS § 11.2.1 The Design/Builder, as soon as practicable after execution of this Part 2 Agreement,• shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project.

§ 11.3 WORK BY OWNER OR OWNER'S CONTRACTORS § 11.3.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of insurance and waiver of subrogation identical to the provisions of this Part 2-Agreement. If the Design/Builder claims that delay or additional cost is involved because of such action by the Owner, the Design/Builder shall assert such claims as provided in. Section 11.4. . . · ·

§ 11.3.2 The Design/Builder shall afford the Owner's separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design/Builder's construction and ,operations with theirs as required by the Contract Documents.

§ 11.3.3 Costs caused by delays or by improperly timed activrties or defective construction shall be borne by the party responsible therefor.

§ 11.4 CLAIMS FOR DAMAGES . § 11.4.1 If either party to this Part 2 Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.

§ 11.5 INDEMNIFICATION § 11.5.1 To the fullest extent permitted by law, the Design/Builder shall indemnify and hold harmless the Owner, Owner"s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited

19

·,

386

to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 11.5.

§ 11.5.2 In claims against any person or entity indemnified under this Section 11.5 by an employee of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, the indemnification obligation under this Section 11.5 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design/Builder under workers' compensation acts, disability benefit acts or other . employee benefit acts.

§ 11.6 SUCCESSORS AND ASSIGNS § 11.6.1 The Owner and Design/Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other. party to this Part 2

· Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 2 Agreement. Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other. The Owner may assign this Part 2 Agreement to any institutional lender providing construction financing, and the Design/Builder agrees to execute all consents reasonably required to facilitate such an a$signment. If either party makes such an assignment, that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement, unless otherwise agreed by the other party.

§ 11.7 TERMINATION OF PROFESSIONAL DESIGN SERVICES § 11.7.1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement, the Design/Builder shall identify to the Owner in writing another architect or other design professional with respect fo whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated.

§ 11.8 EXTENT OF AGREEMENT § 11.8.1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/Builder and supersedes prior negotiations, representations or agreements, either written or oral. This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder.

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ARTICLE 12 TERMINATION OF THE AGREEMENT § 12.1 TERMINATION BY THE OWNER '· § 12.1.1 This Part 2 Agreement may be termihated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.·

§ 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults, failure or neglect within seven (7) days after being given notice, the Owner may then give a second written notice and, after an additionarseven (7) days, the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder and take possession of the site and of all materials, equipment, t9ols and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds. the unpaid balance, the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.

§ 12.2 TERMINATION BY THE. DESIGN/BUILDER. § 12.2.1 If the Owner fails to make payment when due in accordance with the Florida Prompt payment Act, FS§ 218.70 et seg., the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. wiihin seven (7) days after receipt of suoh notice by the GWF!ef;-the Design/Builder may give a second written notice and, seven (7) days after receipt of 1,1uch second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

ARTICLE.13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below.

§ 13.1 COMPENSATION § 13.1.1 For the Design/Builder's performance of the Work, as described in Section 3.2 and including any other services listed in Article 14 ,;1s part of Basic Services, the Owner shall pay the Design/Builder in current funds the Contract Sum as follows:

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§ 13.1.2 For Additional Services, as described .in Section 3.3 and including any other services listed in Article 14 as Additional Services, compensation shall be as follows:

§ 13.2 REIMBURSABLE EXPENSES § 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services, and include actual expenditures made by the Design/Builder and the Design/Builder's employees and co11tractors in the interest of the Project, as follows:

§ 13.2.2 FOR REIMgURSABbE eXPlii~ISES, comlilensation sl:lall be a multilille oflll! ( ) times tl:le amounts ffil!ilended.

§ 13.3 INTEREST PAYMENT § 13.3.1 The rate of interest for past due payments shall be in accordance with the· Florida Prompt payment Act, FS§ 218.70 et seq.as follows:

(Usw;r /avi,r..s aRd req11iremonts 1mder the Federal TFl:Jth in Land'Rg /\et, simUar state and /Qea.' oons1J1r1er c.<edit .'a•.-;s and other reg11,lations at the 01mer's and Qe&ignl BIJ.Qder'D pl'iR$al plaeea of business, at th& leeation of the Project and e/6ev,rhera ma;y affeot the •;a/idi/i;' of this prov.ision. Spoc.ifie legal advioe sl!e1J,'d ae of:>tained with reSf)eot to oolotion, 1r1eelifioatian er other raq/Ji.i:ements, susf:! as written clisolos1.1res er wai·.1er:s.)

ARTICLE 14 OTHER CONDITIONS AND SERVICES . § 1401 T~e Basic Services to be performed shall be commenced on ~![1 ~ and, subject to authorized adjustments and to delays not caused by the P,esi~uilder, uSubstantial Completion shall be achieved in the Contract Time of \1J!Q: -• (Ill) calendar days.

§ 14.2 The Basic S~rvices beyond those described in Article 3 are as follows:

§ 14.3 Additional Services beyond those described in Article 3 are as follows:

§ 14.4 The Design/Builder shall submit an Application for Payml;')nt on the~ day of each month. '

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§ 14.5 The Design/Builder's Proposal includes the following documents: (List the documents by specific title and date; include any required performance and payment bonds.)

Date

This Agreement entered into as of the day and year first written above.

OWNER: BOARD OF COUNTY COMMISSIONERS


~ • ' I • , ' • ,•'

~

(Printed name and title)

APPROVED

23

DESIGN/BUILDER: BARTH CONSTRUCTION, INC.

~i (Printed name and title)

Attiest: J .K. Barton, Clerk

By:--------,---., DepLlly C . .

390

General a:mtractor

April 27, 2006 corrected 5, 0!/.06

John King Indian River County Emergency Services 1840 25 th Street · Vero Beach, Florida, 32960

Re: Station #4

Mr. King,

Attachment A

CGC007847

. We are pleased to present to you an updated Part II proposal for Fire Station #4. A summary of the updated project costs follows;

Original Part II Design & Construction Costs

Drywall Bid Package savings Landscape/Irrigation Bid Package savings Fencing Bid Package Savings Window & Storefront

Value Engineering Options Delete Monument Sign Delete aluminum ranings Delete Corbels

Subtotal

Delete I' band at the top of all walls Delete 1 ½" reveal joint on all walls Delete 6" bands at all doors including garage doors

Subtotal

SZ,227,695.00

<$9,000.00> <$5,000.00> <$11,705.00> <$5,400.00

<$31,105.00>

<4,850.00> <$1,200> <$1,760> <$2,350> <$1,225> <$2,560>

<$13,945.00>

Revised Part II Design & Construction Costs $2, 182,645.00

The Following Allowance items are included in the Design & Construction Costs shown above: Project Contingency $75,000.00 Building signs $3,500.00 Appliances $15,900.00 EMS Shelving $1,000.00

Project Management will be billed as a cost of the job at a rate on $]00.00/hour including Burdens & Benefits Project Supervision will be billed as a cost of the job at a rate of $75.00/hour including Burdens & Benefits

Thank you

Jason Fykes Barth Construction, lnc.

1717 Indian River Boulevard• Suite 202A • Vero Beach, Florida 32960 Phone: (772) 778-3072 • fax: (772) 770-3017 E-mail: i11fo@b,!!rthconstrµction.com • Internet: ~,arthcons\Tuttio11.com E:\Projects\lRC Fire Stations\4 STATION #4\revised construction proposal correcteed 5.03.06.doc . 391

Sheet# Cover Sheet ABB ACC A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 · A-13 A-14 A-15 A-16 I-1 S-1 S-2 S-3 M-1 M-2 M-3 EOl E02 E-1

. E-2

E-3 · E-4 P-1 P-2 P-3

ATTACHMENT "B"

Station #4

Plan Sheets

Abbreviations/General Notes Accessibility Details Existing Site Plan Proposed Site Plan Building Plan ¼" Floor Plan (North Portion) ¼" Floor Plan (South Portion) Elevations Elevations RoofPlaµ Reflected Ceiling Plan Sections and Details Sections and Details Schedules Interior Elevations and Details Details Details Details Interiors Plan Foundation Plan and Details Roof Framing Plan and D~tails Structural Notes and Details Mechanical Plan - HV AC Mechanical Equipment Schedule and Details Kitchen Hood Schedule and Details Electrical Site Plan - Lighting Electrical Site Plan - Photometrics Electrical Symbol Legend, Schedule and Notes Electrical Floor Plan - Lighting Electrical Floor Plan - Power and Systems Electrical One Line and Rise Diagram Plumbing Floor Plan - Plumbing Sanitary and Domestic Water Riser Diagrams Schedules and Details - Plumbing

'·

25

~ 3/1/06 2/6/06 2/6/06 2/6/06 2/6/06 3/7/06 3/1/06 3/7/06 3/7/06 3/7/06 ,2/6/06 3/9/06 3/7/06 3/7/06 3/1/06 3/7/06 3/6/06 3/1/06 2/6/06 3/8/06 3/1/06 3/1/06 2/6/06 3/9/06 3/9/06 9/29/05 3/9/06 9/29/05 3/9/06 3/15/06 3/15/06 3/15/06 2/28/06 2/28/06 2/28/06

392

Sheet#· C•l C-2 C-3 C-4 C-5 U-l U-2 U-3 U-4 U-5 U-6 U-7 U-8

i''

Title Dimensional Site Plan Phasing Plan Paving, Grading and Drainage Plan Paving, Grading and Drainage Sections & Detail Sedimentation and Erosion Control Utility Plan Utility Plan General Information Miscellaneous Site Utility Details General and Wastewater Details Water Details Wastewater Lift Station Details Utility Specifications Utility Specifications

PROJECT SPECIFICATIONS

Date 1/24/06 1/24/06 1/24/06 1/24/06 · 1/24/06 1/24/06 1/24/06 1/24/06 1/24/06 1/24/06 1/24/06 1/24/06 1/24/06

Project Manual/Technical Specifications manual dated October 13, 2005

26 393

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Honorable Emergency Services District Board of Commissioners

THROUGH: Joseph A Baird, County Administrator '

FROM: John King, Director 11l,r\ Department ofEmer0011cy S~ces

DATE: May 4, 2006

SUBJECT: Construction Services Contract (Part 2 Agreement) with Barth Construction for the Replacement of Emergency Services Station No. 5

It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

On September 13, 2005, the Board approved a Design/Build agreement with Barth Construction for the renovation and construction of Emergency Services Stations (RFQ #7035). Attached, please fmd a modified Standard Form AIA (American Institute of Architects) Part 2 Agreement for the replacement of Emergency Services Station No. 5.

The Part 2 Agreement (construction services) requires the design/builder to submit final construction documents, provide required insurance, and out14:tes progress payments leading to project completion. In accordance with F1orida Statute 287, the County's architect, Donadio and Associates, has reviewed the proposal and recommends approval as presented.

RECOMMENDATION:

Staff considers the attached Part 2 Agreement reasonable compensation for the proposed work and recommends the Board authorize the Chairman to execute the Agreement. As noted in earlier agenda items, funding for the replacement project includes insurance reimbursements, FEMA reimbursements, and District reserve funds.

ATTACHMENT:

1. Part 2 Agreement for Emergency Services Station Number 5 2. Letter from Donadio and Associates, Architects, P.A, dated May 5, 2006

394

APPROVED FOR AGENDA

FOR: May 16. 2006

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395

May05,2006

Mt. Johll King Indian River County EMS 1840 25th Street Vero Beach, Florida 32960

DONADIO & Associates, Architects, P.A.

RE: Indian River County Fire Station #5 Part II Agreement Review Project No. 5018.001.0S.1.2

Dear Mr. King,

I have reviewed the Design/Build Patt II Agreement, back up construction cost information and the Construction Documents for Fire Station #S, as provide to me by your office. Based on this review, to the best ofmy Professional knowledge and belief, the Design/Build Part II Agreement and Construction Documents appear to be inclusive of the required work, the costs are fair and reasonable based on current construction market conditions.

Should you have any questions regard;ing the above, please feel free to contact me.

Sincerely,

609 17"' Street Vero Beach, Florida 3Z960 Phone 772 794 2929 Fax 772 562 8600 Email daa@donadio-an;h.com License No. AA0002238

396

·•

-··~t.! General Contractor

May 3, 2006

John King Indian River County llmergency Services 1840 2Sllt Street Vero Beach, Florida, 32960

Re: Station #5

Mr. King,

. CGC007847

We are pleased to present to you an updated Part ll proposal for Fire Station #5. A summary of the updated project costs follows;

Architectural & Bngineering Fees Architectural Fees - Part II Civil Engineering - Part II

Site Development, Landscape, & Fence Construction & General Conditions Overhead & Profit Contingency Payment & Performance Bond (100%)

Value Engineering Options Delete Monument Sign Delete Corbels

$ 49,191.00 $ 18,225.00 $ 333,941.00 $1,499,337.00 $ I 90,069.00 $ 50,000.00 $. 15,500.00.

Delete 1' band at the top of all walls Delete I ½" reveal joint on all walls Delete 6" bands at all doors including garage doors

Subtotal

Total Part II Design & Construction Costs

<4,850.00> <$],760> <$2,350> <$1,225> <$2,560>

<$12,745.00>

$2,143,518.00

The Following Allowance items are included in the Design & Construction Costs shown above:

Project Contingency Building signs Appliances EMS Shelving

$50,000.00 $3,500.00 $15,900.00 $1,000.00

Project Management will be billed ll$ a cost of the job at a rate on $100.00/hour including Burdens & Benefits Project Supervision will be billed as a cost of the job at a rate of$75.00/hour including Burdens & Benefits

~1 ~Ei'~onstruction, Inc.

1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (772) 778-3072 * Fax: (772) 770-3017 E-mail: jnfo0lbllttb£\'.>TIS1tuction.com • Internet: l':/WW.b~11hconstruction.com E:\Projects\lRC Fire Stations\5 STATION #5\construotion proposal 5.03.06.doc

·,

397

TABLE OF ARTICLES

PART 2 AGREEMENT

1. GENERAL PROVISIONS

2. OWNER

3. DESIGN/BUILDER

4. TIME

5. PAYMENTS

6. PROTECTION OF PERSONS AND PROPERTY

7. INSURANCE AND BONDS

8. CHANGES IN THE WORK

9. CORRECTION OF WORK

Fire Station #5 Part 11 Agreement

10. DISPUTE RESOLUTION- MEDIATION AND AR~ITRATION

11. MISCELLANEOUS PROVISIONS

12. TERMINATION OF.THE AGREEMENT

13. BASIS OF COMPENSATION

14. OTHER CONDITIONS AND SERVICES

1

398

THIS AGREEMENT made as of the~ day of Iii.JIB in the year of l'tm BETWEEN the Owner: . .

For the following Project: ·

The architectural services described in Article 3 will be provided by the following person or entity who is lawfully licensed to practice architecture_:

Name and address Registration Number ~

Relationship to Design/Builder

t·•

Normal structural, mechanical and electrical engineering services will be provided contractually through the Architect except as indicated below:

Name, address and discipline Registration Relationship to · Number ~

:· ' ' ' ' ' ' ' ~ :11 ' ' ,'- ' (

~~ ~ . :. · · . .. . · Jiilll _The Owner and the Design/Builder agree as set forth below.

TERMS AND CONDITIONS - PART 2 AGREEMENT

ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS . § 1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement, the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Section 3:2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a . written amendment to this Part 2 Agreement signed by both parties, or a Construction Change Directive issued by the Owner in accordance with Section 8.3.

2

399

§ 1.1.2 The term "Work" means the construction and services provided by the Design/Builder to fulfill the Design/Builder's obligations.

§ 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 It is the intent of the Owner and Design_/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as . being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any· instruction received from the Owner would cause a violation of any applicable law, the

· Design/Builder shall notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law.

§ 1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder.

' '

§ 1.3 OWNERSHIP AND USE OF D.OCUMENTS § 1.3.1 The Owner hopes to use the plans, Drawings, specifications, and other documents and electronic data furnished by the Design/Builder as a prototype for construction of other fire stations in the future. are instruments of servioe. The · Design/Builder's Architect and other providers of professional services shall retain all common law, statutory and other reserved rights, including copyright in those instruments of service furnished by them, excet;it the owner shall have the right to reuse the instruments for construction of additional fire stations. Drawings, s~ens, ane otheF eleauments ane electronic data are fuFRisheel fur use solely with respect te this Pal:t 2 /\gi:eemeRt. The Owner shall be permitted to retain copies, including reproducible copies, of the drawings, specifications, and other documents and electronic data· furnished by the Design/Builder-for information and reference in connection with the Project except as provided in Sections 1.3.2 and 1.3.3. The Owner intends thatthe documents, drawings, plans, specifications and electronic data are intended to be reused at some future time. Pursuant to FS 287.055/10), the documents and plans shall contain notice to the public that the plans are subject to reuse.

§ 1,3.2 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, except by agreement in .writing and with appropriate compensation to the Design/Builder, unless the Design/Builder is adjudged to be in default under this Part 2 Agreement or under any other subsequently executed agreement.

3 400

§ 1.3.3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner, · the Architect shall grant a license to the Owner to use the drawings, specifications, and other documents and electronic data furnished by the Architect to the Design/Builder for the completion of the Project, conditioned upon the Owner's execution of an agreement to cure the Design/Builder's default in payment to the Architect for services previously performed and to the extent allowed by law, indemnify. the Architect with regard to claims arising from such reuse without the Architect's professional involvement.

§ 1.3.4 Submission or distribution of the Design/Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section 1.3.1.

ARTICLE 2 OWNER § 2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine documents submitted by the Design/Builder and shall render decisions in a timely manner and in accordance with the schedule accepted by the Owner. The Owner may obtain independent review of the Contract Documents by a separate architect, engineer, contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work.

§ 2.2 The Owner may appoint ah on-site project representative to observe. the Work and . to have such other responsibilities as the Owner and Design/Builder agree in writing.

§ 2.3 The Owner shall cooperate with the Design/Builder. in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the Design/Builder's Proposal.

§ 2.4 The Design/Builder 0 1,•mer shall furnish services of land surveyors, geotechnical engineers and other consultants for subsoil, air and water conditions, in addition to those provided under the Part 1 Agreement, when such services are deemed necessary by the Design/Builder to properly carry out the design services required by this Part 2 Agreement. ·

§ 2.5 The Owner shall disclose, to the extent known to the Owner, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsurface conditions. The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site.

§ 2.6 +Re Owner s1'1all furnis1'1 all legal, aooounting and insui:ance counseling sePJices as may be necessary at any time for the Project, including such auditing services as the Gwnm may require to verify the Design/BuildeF's Applieations fur i;layment.

4

401

§ 2.7 Those seNices, information, suNeys and reports required by Sections 2.4 and 2.5 ti'lreu§!h 2.e which are within the Owner's control shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon the accuracy and completeness thereof, except to the extent the Owner advises the Design/Builder to the contrary in writing.

§ 2.8 If the Owner FC!ill:lires ti'le Design/~1,1i1aer to maintain any speoial ins1,1ranoe oeverage, polioy, amenarnent, or riser, the Onner shall pay the aaeitienal eest thereof, eKsept as ether.11ise stipulated in th-is-Fart 2 Agr:eement.

§ 2.9 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or nonconfonnity with the Design/Builder's Proposal or the Construction Documents, the Owner shall give prompt written notice thereof to the Design/Builder.

§ 2.10 The Owner si'lall, at the FOE!Ueet ef the Deeign/Builaer, prior to eJEeoution af tl'l,is Part 2 Agreement aAel premptlY 1,1pon re(;Juest thereafter, furnish te the DesiQn/ME!eF reasonable eviaenca that finamiial arrangements have been rnaGle to fulfill ti'le Owner's ebligatiens under the Contrast

§ 2.11 The Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder, unless otherwise directed by the Design/Builder.

ARTICLE 3 DESIGN/BUILDER § 3.1 SERVICES AND RESPONSIBILITIES § 3.1.1 Design seNices required by this Part 2 Agreement shall be performed by qualified architects and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder.

§ 3.1.2 The agreements between the Design/Builder and the persons or entities identified in this Part 2 Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon request.

§ 3.1.3 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Design/Builder's obligations under this Part 2 Agreement.

§ 3.2 BASIC SERIVICES § 3.2.1 The Design/Builder's Basic Services are described below and in Article 14.

§ 3.2.2 The Design/Builder shall designate a representative authorized to act on the Design/Builder's behalf with respect to the Project.

5

402

§ 3.2.3 The Design/Builder shall submit Construction Documents for review and approval by the Owner. Construction Documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall:

.1 be consistent with the intent of the Design/Builder's Proposal;

.2 provide information for the use of those in the building trades; and

.3 include documents customarily required for regulatory agency approvals.

§ 3.2 4 The Design/Builder, with the assistance of the Owner, shall file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. ·

§ 3.2.5 Unless otherwise provided in the Contract Documents, the Design/Builder shall provide or cause to be provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.2.6 The Design/Builder e;hall be responsible for all construction means, methods, • techniques, sequences and procedures, and for coordinating all portions of the Work under this Part 2 Agreement. ·

§ 3.2.7 The Design/Builder shall keep the Owner informed of the progress and quality of the Work. ·

§ 3.2.8 The Design/Builder shall be responsible for correcting Work which does not conform to the Contract Documents. ·

§ 3.2.9 The Design/Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the construction will be free from faults and defects, and that the construction will conform with the requirements of the Contract Documents. Construction not conforming to these requirements, including substitutions not properly approved by the Owner, shall be corrected in accordance with Article 9.

§ 3.2.1,0 The Design!Builder shall pay all sales, consumer, use and similar taxes which had been legally enacted at the tinre the Design/Builder's Proposal was first submitted to the Owner, and shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are either customarily secured after execution of a contract for construction or are legally required at the time the Design!Builder's Proposal was first submitted to the Owner.

6

403

§ 3.2.11 The Design/Builder shall comply with and give notices required by .laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project.

§ 3.2.12 The Design/Builder shall pay royalties and license fees for patented designs, processes or products. The Design/Builder shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer is required by the Owner. However, if the Design/Builder has reason to believe the use of a required design, process or product is an infringement of a patent, the Design/Builder shall be responsible for such loss unless such information is promptly furnished to the Owner.

§ 3.2.13 The Design/Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the Design/Builder shall remove from the site waste materials, rubbish, the Design/Builder's tools, construction equipment, machinery, and surplus materials.

§ 3.2.14 The Design/Builder shall notify the Owner when the Design/Builder believes that the Work or an agreed upon portion thereof is substantially completed. If the Owner concurs, the Design/Builder shall issue a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance, shall include a list of items to be completed or corrected and shall fix the time within which the Design/Builder shall complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance with provisions of Article 10.

§ 3.2.15 "The Design/Builder shall maintain at the site for the Owner one record .copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other modifications, in good order and regularly updated to record the completed

· construction. These shall be delivered to the Owner upon completion of construction and prior to final payment.

§ 3.3 ADDITIONAL SERVICES § 3.3.1 The services described in this Section 3.3.are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Part 2 Agreement, in addition to the compensation for Basic Services. The services described in this Section 3.3 shall be provided only if authorized or confirmed in writing by the Owner.

§ 3.3.2 Making revisions in drawings, specifications, and other documents or electronic data when such revisions are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or electronic data.

7

404

§ 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work.

§ 3.3.4 Providing services in connection with a publio hearing, arbitration proceeding or legal proceeding, except where the Design/Builder is a party thereto.

§ 3.3.5 Providing coordination of construction performed by.the Owner's own forces or separate contractors employed by the Owner, and coordination of services required in connection with construction performed and equipment supplied by the Owner.

§ 3,3.6 Preparing a set of reproducible record documents or electronic data showing significant changes in the Work made during construction.

§ 3.3.7 Providing assistance in the utilization of equipment or systems such as preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation.

ARTICLE 4 TIME § 4.1 Unless otherwise indicated, the Owner and the Design/Builder shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. ·

§ 4.2 Time limits stated in the Contract Documents are of the essence. The Work to be performed under this Part 2 Agreement shall commence upon receipt of a notice to proceed unless 9therwise agreed and, subject to authorized Modifications, Substantial . Completion shall be achieved on or before the date established in Article 14.

§ 4.3 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 4.4 Based on the Design/Builder's Proposal, a construction schedule shall be provided consistent with Section 4.2 above.

§ 4.5 If the Design/Builder is delayed at any time in the progress of the Work by an act or neglect of the Owner, Owner's employees, or separate contractors employed by the Owner, or by changes ordered in the Work, or'by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the Design/Builder's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Owner and Design/Builder agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. ·

8

405

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 The Design/Builder shall deliver to the Owner itemized Applications for Payment in such detail as indicated in Article 14.

§ 5.1.2 Upon V\Jithin ten (1 Q) ela;<s ef the Owner's receipt of a properly submitted and correct Application for Payment, the Owner shall make payment to the Design/Builder in accordance with the Florida Prompt 12ayment Act, FS§ 218.70 et seq.

§ 5.1.3 The Ap.plication for Payment shall constitute a representation by the Design/Builder to the Owner that the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents, and the Design/Builder is entitled to payment in the amount requested.

§ 5.1.4 Upon receipt of payment from the Owner, the Design/Builder shall promptly pay the Architect, other design professionals and each contractor the amount to which each is entitled in accordance with the terms of their respective contracts.

§ 5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be responsible in any way for payment to the Architect, another design professional or a contractor performing portions of the Work.

§ 5.1..6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance wtth the Contract Documents.

§ 5.1.7 The Design/Builder warrants that title to all construction covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design/Builder further warrants that upon submittal ofan Application for Payment all construction for which payments have been received from the Owner shall be free and clear of liens, claims,· security interests or encumbrances in favor of the Design/Builder or ,iiny other person or entity performing construction at the site or furnishing materials or equipment relating to the construction.

§ 5.1.8 At the time of Substantial Completion, the Owner shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or. completion of such Work.

§ 5.2 FINAL PAYMENTS . § 5.2.1 Neither final payment nor amounts retained, if any, shall become due until the Design/Builder submits to the Owner: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered (less amounts wtthheld by the Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance

9

406

required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; (3) a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of such lien.

§ 5.2.2 When the Work has been completed and the contract fully performed, the Design/Builder shall submit a final application for payment to the Owner, who shall make final payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seg. within 30 days of reseipt.

§ 5.2.3 The making of final payment shall constitute a waiver of claims by the. Owner except those arising from:

.1 liens, claims, security interests or encumbrances arising ·out of the Co.ntract and unsettled; ·

.2 failure of the Work to comply with the require_ments of the Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

§ 5.2.4 Acceptance of final payment shall _constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment.

§ 5.3 INTEREST PAYMENTS § 5.3.1 Payments due the Design/Builder under this Part 2 Agreement which 1;1re not paid when due shall bear interest in accordance with the Florida Prompt payment Act, FS§ 218.70 et seg. from the date due at the rate specified in Article 13, or in the absense e~ a specified rate, at th_e legal rate pFevailing where the PFOjeot is leoated.

ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY § 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing supervision of all safety precautions and programs in connection with the performance of this Part 2 Agreement.

§ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials

10 407

and equipment to be incorporated therein, whether in storage on or off the site, under . care, custody, or control of the Design/Builder or the Design/Builder's contractors; and (3) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal relocation or replacement in the course of construction.

§ 6.3 The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss.

§ 6.4 The Design/Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the Contract Documents) to property at the site caused in whole or in part by the Design/Builder, a contractor of the Design/Builder or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.

ARTICLE 7 INSURANCE AND BONDS § 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE § 7.1.1 The Design/Builder shall purchase from and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Design/Builder from claims set forth below

· which may arise out of or result from operations under this Part 2 Agreement by the Design/Builder or by a contractor of the Design/Builder, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under workers' compensation, disability benefit and other similar employee benefit laws that are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Design/Builder's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of persons other than the Design/Builder's employees;

.4 claims for damages covered by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Design/Builder or (2) by another person;

.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and .

. 7 claims involving contractual liability insurance applicable to the Design/Builder's obligations under Section 11.5.

§ 7 .1.2 The insurance required by Section 7.1.1 shall be written for not less than limits of liability specified in this Part 2 Agreement or required by .law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be

·,

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maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.

§ 7 .1.3 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner immediately after execution of this Part 2 Agreement. These Certificates and the insurance policies required by this Section 7.1 shall contain a provision that coverages afforded under the policies will not be canceled ·or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the application for final payment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable promptness in accordance with the Design/Builder's information and belief.

§ 7.2 O'NNER'S blABlblTY iNSURANGlia § 7.2.1 The Owner shall be responsible for p1,1rahasin§ am:I maintainin€J tl:ie 0 1.•.•ner's usual liability insurance. Optionally, the Owner may purchase and maintain other inswra~or self proteotion against olaims whioh may arise from operations under this Part ~ ~reernent. The Design/Builder shall not be responsible for purohasing and .maiAtaining tl:lis ef')tienal ONner's liaaMity insurance unless specifioally required by the Contraot Documents.

§ 7.3 PROPERTY INSURANCE § 7 .3.1 Unless otherwise provided under this Part 2 Agreement, the Owner shall fH,trel=lase and maintain, in a oompany or oompanies authorized to do business in the jurisdicti1:JA in wl=lich the principal impro•,ernents are to be looated, property insurance upon the Work to the full insurable value thereof on a replacement cost basis without optional deductitilos. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or . until no person or entity other than the Owner has an insurable interest in the property required by this Section 7.3 to be insured, whichever is earlier. This insurance shall include interests of the Owner, the Design/Builder, and their respective contractors and subcontractors in the Work.

§ 7 .3.2 Property insurance shall be on an all.risk policy form and shall insure against the perils of fire and extended coverage and p!'lysical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the services and expenses of the Design/Builder's Architect and other professionals required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

§ 7 .3.3 If the Owner does not intend to purchase such property insurance required by this Part 2 Agreement and with all of the coverages in the amount described above, the

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Owner shall so inform the Design/Builder prior to commencement of the construction. The Design/Builder may then effect insurance which will protect the interests of the

· Design/Builder and the Design/Builder's contractors in the construction, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Design/Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as de-scribed above, then the Owner shall bear all reasonable costs properly attributable thereto,

§ 7.3,4 IJRless otherwise pFev:iE!ed, the Owner shall pblrshase and maintain Sblsh boiler and machinery insblranoe required by this Part 2 Agreement or by law, whioh shall speoifioally oo•.•er suoh insured objee-elLI-FiRg installation and um.ii fiRal-aooeptaRoe ey the O¥mer. This insurance shall iAsh,ide intoFests of the O\•,•Aer, tl=ie QosigR/Buileler, the

. Qesign/Builder's ser-,traGtora aAd suboontrastGrs in the \Nork, and the Oesign/BHilser's Architect and other design prof.essionals. The Owner and the Design/Builder shall be named iASUreds. .

§ 7 .3.5 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as . their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 7 .3.1 a. The Design/Builder shall pay contractors their shares of insurance proceeds received by the Design/Builder, and by appropriate agreement, written where legally required for validity, shall require contractors to make payments to their subcontractors in similar manner.

§ 7.3.6 Before an exposure to loss may occur, the Owner shall file with the Design/Builder a copy of each. policy that includes insurance coverages required by this Section 7.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Design/Builder.

§ 7.3.7 If the Design/Builder requests in writing U1at insuraRoe fer risl~tl=ier tl=ian these desoribed herein or for other speoial l=iaaaFEls be inelueleel in the 13re13eliy iRsuraAee polioy:, the Ov,•ner shall, if 13essible, eemin s1:1eh iASl,ll'Elf'lGe, anel-the-Gl'Jst ti'leFOef SRall be cl=iargos to the Qesignt~uileler lay appropriate Change Order.

§ 7 ~3.8 The Owner and the Design/Builder waive all rights against each other and the Architect and other design professionals, contractors, subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 7.3 or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as trustee. The Owner or Design/ Builder, as appropriate, shall require from contractors and subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated in this. Section 7.3. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as

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to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 7.3.9 If required in writin€J by a 13arty in interest, the Owner as trustee shall, upon eoourrern;e of an insured loss, €Jive bond for preper pei:fermanse ef tl=le Owner's duties. The oost of required bends shall be ohar€Jed against proceeds received as fi<:fuoiary. The Owner shall deposit in a separate aooouRt JHeeeeds se reoeived, whieh the Owner shall distribute in aeeordanoe with suoh agreemeRt as the parties iR interest rnay reaol'I, or in aeoordanee witR an arbitratien award in whioh ease the procedure shall be as f'MG','ided in Article 1 O. If after sucl:I loss ne etl=ler speoial agreernent is rnade, replaeement ef damaged \"Jerk sl:lall l;ie severed by aripre13riate Gl'lanse Greer.

§ 7 .3.1 O The Owner as trustee shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing, within five (5) days after occurrence of loss to the Owner's exercise of this power; if $UCh objection be made, the parties shall enter into dispute resolution under procedures provided in Article 10. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

§ 7.3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance company or companies providing property insurance have consented · to such partial occupancy or use by endorsement or otherwise. The Owner and the Design/ Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall not, without mutual written consent, take any action with respect to partial occupancy or use ttiat would cause cancellation, lapse or reduction of coverage.

§ 7,4 LOSS OF USE! OF INSUR,P.NC!ii! § 7.4,1 +!:le-Owner, at the Owner's option, may purshaso and maiRtain sucl'I iRsl:lranee as will insure tl'le Owner against loss of use of the Ovmer's property duo to fire or otl:ler hazards, ho•.voYer ea(,!Seel. '.f.he Owner waives all rights of aotion against the Qesign/Builder for lacs of use-e-f41:le-Owner's property, inoll:lding consequential losses due to 1'lre or other l:la:iaards, l:lowevor caused. ·

ARTICLE 8 CHANGES IN THE WORK § 8.1 CHANGES . § 8.1.1 Changes in the Work may be accomplished after execution of this Part 2 Agreement, without invalidating this Part 2 Agreement, by Change Order, Construction Change Directive, or order for a minor change in the Work, subject to the limitations stated in the Contract Documents.

§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the Design/Builder; a Construction Change Directive may be issued by the Owner without

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the agreement of the Design/Builder; an order for a minor change in the Work may be issued by the Design/Builder alone.

§ 8.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Design/Builder shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.

§ 8.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the .Owner or the Design/ Builder, the applicable unit prices shall be equitably adjusted. ·

§ 8.2 CHANGE ORDERS § 8.2.1 A Change Order is a written instrument prepared by the Design/Builder and signed by the Owner and the Design/Builder, stating their agreement upon all of the following:

.1 a change in the Work;

.2 the amount of the adjustment, if any, in the Contract Sum; and

.3 the extent of the adjustment, if any, in the Contract Time.

§ 8.2.2 If the Owner requests a proposal for a change in the Work from the Design/Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse the Design/Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Contract Documents.

§ 8.3 CONSTRUCTION CHANGE DIRECTIVES . § 8.3.1 A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

§ 8.3.2 Except as otherwise agreed by the Owner and the Design/Builder, the adjustment to the Contract Sum shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including the expenditures for design services and revisions to the Contract Documents. In case of an increase in the Contract Sum, the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, costs for these purposes shall be limited to the following:

.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance;

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.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 rental costs of machinery and equipment exclusive of hand tools, whether rented from the Design/Builder or others;

.4 costs of premiums for all bonds and insurance permit fees, and sales, use or similar taxes;

.5 additional costs of supervision and field office personnel directly attributable to the change; and fees paid to the Architect, engineers and other professionals.

§ 8.3.3 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Design/Builder to the Owner for deletion or change which results in a net decrease in the Contract Sum will be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change.

§ 8.3.4 When the Owner and the Design/Builder agree upon the adjustments in the Contract Sum and Contract Time, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. § 8.4 MINOR CHANGES IN. THE WORK § 8.4.1 The Design/Builder shall have authority to make minor changes in the Construction Documents and construction consistent with the intent of the Contract Documents when such minor changes do not involve adjustment in the Contract Sum or extension of the Contract Time. The Design/Builder shall promptly inform the Owner, in writing, of minor changes in the Construction Documents and construction.

§ 8.5 CONCEALED CONDITIONS § 8.5.1 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed·or unknown conditions by Change Order upon claim by either party made Vl{ithin 21 days after the claimant becomes aware of the conditions.

§ 8.6 REGULATORY CHANGES § 8.6.1 The Design/Builder shall be compensated for changes in the construction necessitated by the enactment or revisions of codes, laws or regulations subsequent to the submission of the Design/Builder's Proposal.

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ARTICLE 9 CORRECTION OF WORK § 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to be defective or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including additional testing and inspections.

§ 9.2 If, within one (1) year after the date of Substantial Completion of the Work or, after the date for commencement of warranties established in a written agreement between the Owner and the Design/Builder, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Design/Builder shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Design/ Builder .a written acceptance of such condition.

§ 9.3 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one (1) year as described in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Docurnents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work.

§ 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner,· by written. order signed personally or by an agent specifically so empowered by the Owner in writing, · may order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right ta stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.

§ 9.5 If the Design/Builder defaults or neglects ta carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/ Builder, the costs of correcting such deficiencies. lfthe payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. · Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.

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ARTICLE 10 DISPUTE RESOLUTION Mii!IJIATION AND ARBITRATION § 10.1 Claims, disputes or other matters in question between the parties tci this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof shall be subject to the following procedure:

the dispute shall first be addressed by a meeting between the owner, Design/Builder, Architect and Owner's Representative.

If the dispute is not remedied, the parties shall submit the dispute to the County Administrator or his assign, who shall make the final decision on the matter.

The resolution of the dispute shall be reduced to writing and attached to this agreement. aF1el -decided by mediation or arbitration. SuGh meEliatien or arbitratien sl'lall be conducted in aooerElaF1oe witl'l tl'le CoF11struction Industry Mediation or ArbitratieFI Rules of tl'le American ,A,rbitr:atian Asseeiatien currently in effect.

§ 10.2 In aelelitieR to anel prior to arbitration, tl'le parties shall endeavQr to settle Eltsputes by mediation .. DemaRel fer mediatioR sl'lall ee filed in •,•.'riting with tl'le other party te this Part 2 Agreement and with the ,11,merieaR Arbitration />,ssooiation. A demand for mediation shall be made withiR a FOaseRable time after the olaim, dispute or other matter-ifl..question has arisen. In no event shall the-eernaRd for meeliatian ee made after the elate when iRstitution of legal or equitable proceeeliR§S based OR SldGR-C--+a:ifff; dispute or ether matter in question would be barred by tho applicable stat1:.1tes ef ropes.a or limitations.

§ 10,3 Demand for arbitration shall be filoa iR writiRg with the other party to this Part 2 Agi:eeR'!ent and •,vith the American ArbitratioR AsseaiatiaF). A dernaRel fer arbitration· shall ee made within a reasonable time after the claim, disp1:1te er--ether matter in question has,.arisen. In no i;went shall the aemana for arbitration be made after tl:le aate when instihition ef le9al er eetuitable proeeedings based on suoh olaim, dispute er ether matter in q1:.1estion wo1:1lel be barreel--Gy the applioaele statutes of repose or limitations.

§ 10,4 An arbitration pursuant te this Article rna;<-be jeined with aR areitration involving cemmon issues of law or faot between the Dosign/B1,1ileler aREI any porsen er eAtity 'A'ith v.ihom the Qesi€fl'l/liuilder has a oentraot1,1al obligation te arbitrate disputes. No other arbitration arisiR!J 01,1t af or ·relating to thi.s Part 2 ,ti,greemont shall inolude, by eonsolidation, joindor er-i1=1-a~ef FABRRer, an additional person or entity not a party t.Hl=!+s !;!art 2 AgreemeAt or not a party to an agreeFAeRt with tl'le Qosi!!Rtlilu¼:Jer, e1Eeept by 1.vritten coRsoRkleRtaining a specifio referenoe to this Part 2 Agreement signed by the Owner, tho Dosi!Jnlliuileer aF1el aRy other person or entities saught to be joined. Gonsent to areitration involving an adelitional persoA or entity sl'lalH'l8kionstitute oonsont to arbitratieA of any olaim, dispute or other matter in question not doscrieod-m the written consent or with a perseR er eAtity Rot Aamed or desoribed therein. The foregoiRg asreement to arbitrate and other agreemoRts te areitrate with aR adelitieRal person or entity Gl1,1ly ceAsented to by the parties to this Part 2 A@reement shall be speeifieally enforceable in accordance with applicaele law iFI aRy ce1:.1rt l'la¥iAg jurisdiotion thereof.

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§ 10.5 Tl:ie award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upan i:t in aeeordanoe with applicable lav.i in any eaYrt having jYrisdiotien thereof.

ARTICLE. 11 MISCELLANEOUS PROVISIONS § 11.1 Unless otherwise provided, this Part 2 Agreement shall be governed by the law2 of the State of Florida. Venue for anv lawsuit brought bv anv party arising from this agreement shall be in Indian River County. Florida. or in the event of federal jurisdiction. the US District Court for the Southern District of Florida. J')laco whore tl:ie Prejeot is located.

§ 11.2 SUBCONTRACTS § 11.2.1 The Design/Builder, as soon as practicable after execution of this Part 2 Agreement, shall furnish to the Owner in writing the names of the persons or entities the Design/Builder will engage as contractors for the Project.

§ 11.3 WORK BY OWNER OR OWNER'S CONTRACTORS § 11.3.1 Th.e Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of insurance and waiver of subrogation identical to the provisions of this Part 2 Agreement. If the Design/Builder claims that delay or additional cost is involved because of such action by the Owner, the Design/Builder shall assert such claims as provided in Section 11.4.

§ 11.3.2 The Design/Builder shall afford the Owner's separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design/Builder's construction and operations with theirs as required by the Contract Documents.

§ 11.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ·

§ 11.4 CLAIMS FOR DAMAGES § 11,4.1 If either party to this Part 2 Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or qamage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.

§ 11.5 INDEMNIFICATION § 11.5.1 To the fullest extent permitted by law, the Design/Builder shall indemnify and hold harmless the Owner, Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited

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to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 11.5.

§ 11.5.2 In claims against any person or entity indemnified under this Section 11.5 by an employee of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable, the indemnification obligation under this Section 11.5 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design/Builder under workers' compensation acts, disability benefit acts or other employee benefit acts.

§ 11.6 SUCCESSORS AND ASSIGNS § 11.6.1 The Owner and Design/Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Part 2 Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 2 Agreement. Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other. The Owner may assign this Part 2 Agreement to any institutional lender providing construction financing, and the Design/Builder agrees to execute all consents reasonably required to facilitate such an assignment. If either party makes such an assignment, that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement, unless otherwise agreed by the other party. ·

§ 11. 7 TERMINATION OF PROFESSIONAL DESIGN SERVICES § 11.7.1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement, .the Design/Builder shall identify to the Owner in writing another architect or other design professional with respect to whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated.

§ 11.8 EXTENT OF AGREEMENT § 11.8.1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/Builder and supersedes prior negotiations, representations or agreements, either written or oral. This Part 2 Agreement may be amended only by written instrument ·and signed by both the Owner and the Design/Builder. ·

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ARTICLE 12 TERMINATION OF THE AGREEMENT § 12.1 TERMINATION BY THE OWNER § 12:1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

§ 12.1.2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults, failure.or neglect within seven (7) days after being given notice, the Owner may then give a second written notice and, after an addltional seven (7) days, the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder ahd take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.

§ 12.2 TERMINATION BY THE DESIGN/BUILDER § 12.2.1 If the Owner fails to make payment when due in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq .. the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder· fails to receive payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et seq. wiU1iR seveR (7) days after reoeipt of such notiee ey tl'le Q,•.ffleF, the Design/Builder may give a second written notice and, seven (7) days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.

ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below.

§ 13.1 COMPENSATION § 13.1.1 For the Design/Builder's performance of the Work, as described in Section 3.2 and including any other services listed in Article 14 as part of Basic Services, the Owner shall pay the Design/Builder in current funds the Contract Sum as follows:•

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§ 13.1.2 For Additional Setvices, as described in Section 3.3 and including any other seivices listed in Ar:ticle 14 as Additional Seivices, compensation shall be as follows:

§ 13.2 .REIMBURSABLE .EXPENSES § 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Setvices, and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project, as follows:

,., '··,PI

§ 13.2.2 FOR REIMBURSABLE EXPENSES, oompeRsation sl=iall l=le a mwltlf}le-otll E ) times the amowRts e>EpeRded.

§ 13.3 INTEREST PAYMENT § 13.3, 1 The rate of interest for past due payments shall be in accordance with the Florida Promgt l?ayment Act FS§ 218.70 et seq.as follows:

(Usury,imwa and requirements un€1er tho F-eeei:e.' Truth in Lending Aot, similar state and .'eea.1 eensume.• GFedit laws aRri!I: ether regulations at the Owner's and Design/ BuikleF's prinolpa/ plaoes of business, at the !ooa#on of the P'Fc>jeot and elsewhere mD:),• affe~ •,<a#dity of th.is provision. f>peo#'io legal a.dvioe 1H101.1kl be of:ltained l"lith reepoot te deletion, modi:fioa#on or other requirements, such as 1•.'Fi#eR dk;;s./Qs,ues e.• 'Naive.es.)

ARTICLE 14 OTHER CONDITIONS AND SERVICES 14.1 The Basic Seivices to be performed shall be commenced on l,\il!:'ll!t~ ..

, r~ Ill and, subject to authorized adjustments and to delays not caused by the . 0,.!=l.s~n/~uit~er, Substantial Completion shall be achieved in the Contract Time of a iiil\ltt~ ( 8.J ) calendar days. ~t...~ ....... .;;,,a,~ "

§ 14.2 The Basic Services beyond those described ii, Article 3 are as follows:

P""'.!Si . """'''$,i/;•'"''·\&."iffllil'&ll/li!.~!ai:!Jicim'.!!1!1!t""''!""' . ,. ,, "'""" ''""" . ,,.,,,..,, • ;;;• " ., " . ,,,.. . , "'''"'" . tl:i~t\~ll~i.~!Ult'~~ff-O~~,~~~~mi~t:r~it1~{~0il&l1f.ti~J.i11!!11111f(~'ft.ll

§ 14.3 Additional Services beyond those described in Article 3 are as follows:

lliil~'"''~":!"~•~·i!ll'liil!ifft~'!'~illi,,'t~l~a"";;m"/l!l~ljt;(?.!'Q'.l!IJl~~,Z~:~~iiJi!l,:'S!W'~~~~~!:'.-:i:~ 1~.~~i,~~ij~l~,~Yt&.~ra~!Wai2J~,r~1i;~.~i~1ttffrBmi~ici7t~{~W~W~~--~~~~~~-fii'cJ'iis~.•m1frMl1f~

§ 14.4 The Design/Builder shall submit an Application for Payment on the lifl day of each month. ' ·

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§ 14.5 The Design/Builder's Proposal includes the following documents: (List the documents by specific title and date; include any required perfonnance and payment bonds.)

Title Date · t~~~~ ~1llli!i!~~~Slll~1~j ~llt~!J.~Jit\lf~~~;;i~~4"~~afl ~~lffk~~.

This Agreement entered into as of the day and year first written above.

OWNER: BOARD OF COUNTY COMMISSIONERS


APPROVED

MICHAEL C. ZITO

23

DESIGN/BUILDER: BARTH CONSTRUCTION, INC.

Attest: J .K. Barton, Clerk

By: •" '

420

May 3, 2006

John King Indian River County Emergency Services 1840 25th Stteet . Vero Beach, Florida, 32960

Re: Station #5

Mr. King,

ATTACHMENT "A"

We are pleased to present to you an updated Part II proposal for Fire Station #5. A summary of the updated project costs follows;

Architectural & Engineering Fees Archltectural Fees - Part II Civil Engineering • Part II

Site Development, Landscape, & Fence Construction & General Conditions Overhead & Profit Contingency Payment & Perfonnance Bond (100%)

Value Engineering Options Delete Monument Sign Delete Corbels

$ 49,191.00 $ 18,225.00 $ 333,941.00 $ 1,499,337.00 $ 190,069.00 $ 50,000.00 $ 15,500.00

Delete l' band at the top of all walls Delete 1 ½" reveal joint on all walls Delete 6" bands at all doors including garage doors

Subtotal

Total Part II Design & Construction Costs

<4,850.00> <$1,760> <$2,350> <$1,225> <$2,560>

<$12,745.00>

$2,143,518.00

The Following Allowance items are included in the Design & Construction Costs shown above:

Project Contingency Bujlding signs Appliances EMS Shelving

$50,000.00 $3,500.00 $15,900.00 $1,000.00

Project Management will be billed as a cost of the job ata rllt• on $ J 00.00/bour including Burdens & Benefits Project Supervision will be billed as a cost of the job at a l1rte of$75.001hour including Burdens & Benefits

Jason Fykes Barth Construction, Inc.

24 421

Sheet# Cover Sheet ABB ACC A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-1S I-1 S-1 S-2 S-3 M-1 M-2 M-3 E0l E02 E-1 E-2 E-3 Ea4

P-1 P-2 P-3

ATTACHMENT "B"

Station #5

Plan Sheets

Abbreviations/General Notes Accessibility Details Proposed Site Plan 1/8" Building Plan ¼" Partial Floor Plan ¼" Partial Floor Plan Elevations Elevations Roof Plan Reflected Ceiling Plan Sections and Details Sections and Details Schedules Interior Elevations and Details Details Details Details Interiors Plan Foundation Plan and Details Roof Framing Plan, Details and Schedules Structural Notes and Details Floor Plan - HV AC Mechanical Equipment Schedule and Details Kitchen Hood Schedule and Details Electrical Site Plan - Lighting Electrical Site Plan - Photometrics Electrical Symbol Legend, Schedule and Notes Electrical Floor Plan • Lighting Electrical Floor Plan - Power and Systems Panel Schedule, Load Calculation, Details, Electrical One Line and Rise Diagram Floor Plan - Plumbing Sanitary and Domestic Water Riser Diagrams Schedules and Details • Plumbing

25

Date 4/18/06 3/17/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 3/17/06 3/17/06 4/18/06 4/18/06 4i18/06 3/17/06 4/18/06 4/18/06 4/18/06 3/17/06 9/29/05 9/29/05 9/29/05 9/29/05 9/29/05 9/29/05 9/29/05 9/29/05

9/29/05 9/29/05 9/29/05 9/29/05

422

Sheet# Cover C-1 C-2 C-3 C-4

C-5 C-6 U-1 U-2 U-3 U-4 U0 5 U-6 U-7 U-8

Title Index, Aerial Map and Location Map Dimensional Site Plan Phase 1 Plan Phase2 Plan Paving, Grading and Drainage Plan With Control Structures Paving, Grading and Drainage Sections & Details Sedimentation and Erosion Control Plan Utility Plan General Information Miscellaneous Site Utili1Y Details General and Wastewater Details Water Details Wastewater Lift Station Details Utility Specifications Utility Specifications

PROJECT SPECIFICATIONS

2/22/06 2/22/06 2/22/06

2/22/06 1/06/06 2/22/06 1/06/06 12/05 12/05 12/05 12/05 1/06 12/05 12/05

Project Manual(fechnical Specifications manual dated October 13, 2005

·,

26

423

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

AGENDA. ITEM

DATE: APRIL 25, 2006

JOSEPH A5,AIRD TO: COUNTY IST .

THRU: W. ERIK OL , P.

VIA:

SUBJECT:

BACKGROUND

DIRECTOR OF TY SERVICES £j) POLLY KRATMAN, MANAGING DIRECTOR W SOLID WASTE DISPOSAL DISTRICT

OPERATION AND MAINTENANCE OF A PUMP-AND-TREAT FACILITY FOR GROUNDWATER REMEDIATION AT TilE SOUTH GIFFORD LANDFILL SITE

•

In 1999, the Board .of County Commissioners of Indian River County retained the engineering firm GeoSyntec Consultants, to defme, characterize and remediate groundwater contamination at the South .Gifford landfill site, in compliance with the Florida Department of Environmental Protection (FDEP) rules. Since then, GeoSyntec has completed the following tasks:

• Identified and defined the location of the contamination source and delineated the boundaries of contamination plume.

• Designed, and installed a pump-and-treat facility to contain the pollutants within the contamination source area and initiate the groundwater cleanup.

• Designed, pennitted and executed a remediation program to remove the contamination source.

• Currently monitor the performance of the pump-and-treat facility and the progress of the groundwater quality improvement.

Presently, the pump-and treat facility generates approximately 75,000 gallons per day of treated groundwater effluent, which is discharged to the sanitary sewer for treatment and disposal at the County's wastewater treatment plant. FDEP has recently approved the County's request to bypass the wastewater treatment plant and dispose the treated effluent by direct injection into the groundwater aquifer, The County, however, must demonstrate, using a methodology developed by GeoSyntec, that the treated effluent quality meets or exceeds the respective Groundwater Cleanup Target Levels (GCTL). It is estimated that the diversion of the treated effluent_ to the groundwater aquifer would free enough treatment capacity for wastewater volume generated by approximately 500 people.

424

Laboratory analysis results also suggest that the effectiveness of the pump-and-treat facility, as measured by the rate of groundwater c:leanup, has diminished substantially after the removal of the contamina\ion source. According to GeoSyntec engineers, a less costly groundwater c:leanup approach that relies on natural attenuation could be acceptable to FDEP in lieu of the pump-andtreat system. However, further investigation is required to secure FDEP approval.

This agenda item requests the Board to authorize a work order for GeoSyntec to undertake the fo!lowing tasks:

• Execute the .diversion of treated groundwater effluent in accordance with FDEP approved protocol.

• Operate and maintain the pump-and-treat facility for 12 months. • Investigate the feasibility of substituting the pump-and-treat facility with natural

attenuation for groundwater cleanup.

ANALYSIS GeoSyntec's proposal to undertake the twelve months program at the Gifford landfill site is shown in Attachment 1 as Work Authorization No. FR0755B. The total budget for this project is estimated at $50,901 as follows:

• Project Management -• System cleaning and re-start -• O&M site visits -• Equipment contingency -• Letter report

Total

$7,855 $6,959

$21,224 $11,830

$3,033 $50,901 ·

The budget includes a contingency of $11,830 for equipment replacement subject to staff approval. ·

RECOMMENDATION SWDD staff recommends that its Board approve GeoSyntec's proposal and authorize the Chairman to execute Work Authorization No.FR0766B in the not to exceed amount of $50,901. Funding is available in account 31S21734-066510-03004

Attachment 1: Work Authorization No. FR0766B

APPROVED FOR AGENDA

BY: ~ JOSEPH A. AIRD

INDT(\C( RIVER !;Q, <!,PPROVED . D(\ TE

SWDD DIRECTOR

COUNTY ADMINlSTRATOR BUDGET

LEGAL

RISK MANAGER

TO/de SWDD SERVER/DOROTHEACIGEOSYNTEC PUMP AND TREAT/m,w

425

: ) II GeoSyntec .£ ___ ::,flllllill Consultants

Mr. Tanhum Goldshmid Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968

AGENDA COPY

6770 South Woshi~gfoo Avenue.• Suile 1 Titusville, Florida 32780 • USA

Tel. [321) 269-5880 • Fax (321) 269•5813

25 April 2006

Subject: Fee Proposal for Pump and Treat (P&T) System Operations and Maintenance Activities South Gifford Road Landfill

Dear Mr. Goldshmid:

GeoSyntec Consultants (GeoSyntec) is pleased to submit this fee proposal to Indian River County (IRC) Solid Waste Disposal District (SWDD) for services associated with Operations and Maintenance (O&M) activities for the existing pump and treat (P&T) system at the South Gifford Road Landfill. In consideration of the extensive source area excavation/remediation activities performed at the site and data which indicates that the dissolved plume is ultimately hydraulically controlled by the treatment system at the City of Vero Beach well field, GeoSyntec will be working with the Florida Department of Environmental Protection (FDEP) to ultimately shut down the P&T system. While GeoSyntec will be aggressively pursuing regulatory approval of approaches to ultimately enable the site to reach remedial goals using more passive measures, it is anticipated the P&T system will operate for at least one additional year.· The fee proposal developed for the site is based upon one additional year of P &T activities.

The proposed scope of work includes: (i) a thorough cleaning of the air stripper and components; (ii) re-start of the P&T system with the air stripper effluent configured to run

XR06084/CCR060027 - !RC Putnp and Treat System f .. Proposal.doc

426

Mr. Tanhum Goldshmid Indian River County, Solid Wl)ste Disposal District 25 April 2006 Page2

GeoSyntec Consultants

through the granular activated carbon (GAC) and discharged to the infiltration gallery; (iii) P&T system re-start sampling (at re-start, weekly for the remainder of the first month, monthly for the remainder of the first six months, and semi-annually thereafter); and (iv) monthly O&M of the P&T system for one year. The Florida Department of Environmental Protection (FDEP)-required quarterly reporting for the P &T system will be conducted uhder the existing authorized budget for Monitoring Plan Implementation Schedule (MPIS) and plume monitoring at the site; however, the estimated budget for a letter report documenting the system re-start activities is included herein. Given the likelihood that mechanical components may require repair or replacement (e.g., broken gauges, pump failure, electrician on site, etc.), GeoSyntec has also included a contingency task element in the proposal. The contingency portion of the contract amount will only be utilized with prior !RC approval. The proposal has been prepared in general accordance with the Professional Services Agreement (PSA) between GeoSyntec and IRC SWDD, dated 10 August 2004.

PROPOSED SCOPE OF WORK

GeoSyntec developed a phased approach with internal task elements to accomplish this work in an organized and.cost-effective manner. The remainder of this letter provides a description of the proposed scope of work and a budget estimate to accomplish the work described herein.

Task l - Project Management/Meetings

Under this task, GeoSyntec will perfonn project planning and management responsibilities, such as correspondence with IRC and FDEP, invoice review, project coordination, and project administration. GeoSyntec has also included budget for preparation and attendance (by two GeoSyntec persotmel) at one meeting with IRC and/or FDEP, as needed.

XR06084/CCR060027 - IRC Pomp and T=< System Foo Proposal.doc

427

Mr. Tanhum Goldshmid Indian River County, Solid Waste Disposal District 25 April 2006 Page3


Task 2- J?rellminary System Cleaning, Repairs, and Be-start

Under this task, GeoSyntec will perform. field activities related to P&T system cleaning and re-starting. The budget assumes that two GeoSyntec personnel will be on-site for two days to disassemble (as needed), clean (using a pressure washer), reassemble, make minor repairs to leaking system components, and re-start the P&T system with flow directed to the infiltration gallery.

T1.1sk 3 - O&M Site Visits

Under this task, GeoSyntec has included budget for one person to conduct .a total of 16 site visits, including twelve monthly O&M site visits and four P&T system sampling site visits (weekly sampling visits to be conducted the first month). O&M site visits will include system cleaning (cleaning air stripper diffusers, submersible pumps, probes, etc.), as appropriate, recording flow meter readings, pressure gauge readings, changing bag filters, and backwashing the GAC, if warranted. Immediately after system re-start, sampling visits will be conducted according to the schedule outlined in the source excavation report and subsequently approved by FDEP.in a letter dated 29 December 2005:

Samples of influent, e/Jluent, and post-carbon effluent are anticipated to be collected. based on the following schedule:

1) at re-start (24 hour turnaround time);

2) weekly for the remainder of the first month;

3) monthly for the remainder of the first six months of operation; and

4) semi-amiually thereafter.

Samples will be submitted to a laboratory contracted directly with IRC; therefore, budget has not been included herein for laboratory analysis.

XR06084/CCR060027 -!RC Pump and Treat Sy,;tom Fee Proposal.doc

428

GeoSyntec Consultonts

Mr. Tanhum Goldshmid Indian River County, Solid Waste Disposal District 25 April 2006 Page4

Task 4 - Equipment Contingencies

Under this task, a lump sum budget has been included to cover unanticipated equipment contingencies, such as equipment replacement or repair, electrician site visits for control panel repair, etc. This task budget will only be used if necessary and only with IRC prior approval. '

'.rask § - Letter Report

A briefletter report will be prepared for submittal to the FDEP to document the system restart activities and influent, effiuent, and post-carbon .effluent sampling results for the first month. The .draft report will be submitted to IRC by email for review and comment priorto submittal to FDEP.

BUDGET ESTIMATE

The budget estimate for the proposed activities described herein is provided as Attachment A. The budget is as follows:

• Task 1 - Project Management/Meetings • Task 2 - System Cleaning and Re-start • Task 3 - O&M Site Visits • Task 4 - Equipment Contingencies* • Task 5 - Letter Report

TOTAL

* -Requires !RC SWDD authorization to utilize contingency funds

CLOSURE

$7855 $6,959

$21,224 . $11,830 ·

$3,033 $50;901

GeoSyntec appreciates the opportunity to submit to IRC the attached fee proposal for O&M activities at the South Gifford Road Landfill. If this proposal is acceptable to you, please indicate your agreement by signing the attached work authorization (Attachment B), which references this proposal. Please return one signed work authorization to Mr.

XR06084/CCR060027 - !RC Pump and Treat Systein Fee Proposaldoo ,. i. ... '

429

Mr. Tanhum Goldsbmid Indian River County, Solid Waste Disposal District 25 April 2006 Page S


Langenbach's attention. Please call me with questions you may have as you review this letter or the fee proposal.

Copy to: Polly Kratman, Indian River County

Attachments

XR060S4/CCR060027 - !RC Pump and Treat Syste,n F<:<: Proposal.doc

Sincerely,

James J. Langenbach, P.E. Senior Engineer

Associate

430

ATTACHMENT A

BUDGET ESTIMATE

431

Proposal Information Sheet

Proposal 11w11ber: Es1im11ted by: Scope of Wol'k: Gliem: locatio1,:

XR06084 Jill Johnson/Jim Langenbach P&T System Cleaning, Re-start, and O&M Indian River County Gifford Road Landfill

Task Task Description t PrQiect Management/Meetings 2 Preliminary System Cleaning, Repairs, and Re-Start 3 O&M Site Visits 4 Equipment Contingencies* 5 Letter Report

*EqL1ipment contingency task developed to enable funding of unforeseen equipment repairs/troubleshooting. !RC approval will be required for use of contingency task budget.

XR060084/CCR060027 · tRC R:c. J>ro1}osal.xls 06.04.25

432

~ w w

LABOR

Taskh Task 2: Task 3:

Task 4: Task 5:

I

Project Management/Mt::elings Preliminal'y System Cleaning, Repairs, and Re-Start O&M Site Visits Equi1m1ent Coatingendes"' Letter Report

T«sk Numbe,-s

Personnel Level R•te l 2 Principal $185.00 Assodate $[60.00 ]2 Sr. Project Pro!: $141.68 24 2 Pro_j. Prof. $108.72 & 8 Professional $89.47 Sr. Staff Prof. $81.57 30 Staff Prof. $l'l8A8 Field Superintendent $82.31 Sile Manager $81.20 Senior Engineering Tech $60.41 30 Engint.:cdn.g Tccbntcfan $46.85 Dt:signer $95.03 Senior Drafter $90.96 Drafter $54.0i Administr.1tiv.! Assis{anl $70,21 12 Technical Word Proc-.,ssor $65,&1 Clerical $42,24 12

Sllbtowl Labo,· flouts 6i!.O 70,0

Labor Cost $7,539.48 $5,41?.52

Communications 3.0% $226.18 $162.38

GooSyntec Con.<ultants

Total 3 4 5 H.-s

[2 g 8 4 45 32 48

22 ~ 52 4 4

150 40 JI 230

2 II 14

? l4

2CJO.O 48.0 34.0 420.0

$14,278.0!\ $3.549.84 S2,860.0& $33,640.00

:1,428.:14 :S 1_()6.5_!)_ ;!ll5.&0 $1,009.20

Note: Communications includes cos! of telt'!phone calls lo lRC, subcontractors. and fiel<l and profossiomd GeoSyntec- personnel~ as weH as facsimiles. ·

XRll00084/C.'CR000027 • IRC N.'< Pmpo<al.xl, Page2 or 4 ·or-...04.2.';

.i:=,. w J::i,.

Direct Exol!n-~es

$0.12 $2.00

each :$8.00 c:ach $'.I.O(l l!:ach :&8.00 t::ach $4.00

per .et :&9.00 each $0.50 each $25.00 each $200.00

$2.50 $15.0{)

tunpsun :!,'7.500.00 day $290.00

Bag Filters each $4.75 !Shipping Equipment each $54.00 !Prus~ure Washet day $62.00 Padlock each $!>.00 !Subtotal Internal Expenses - ----

Noc~:,;: I. O&M Kil indudes: Wat-er tevcl indicator,. 1nuU,i-mc:ter rroucrion polential). ~quipment cleaning supplies. work

XR06Q00:4JCCRU61l027 • m.C Fi.'1! ProJml'.,t,ds

I

Tomi Total

20 20 $60.00

!() I I 16 26 $13.00

2 I Hi I(,

2 I (,

3

$89 f $1,384 I S6.Sl8 I $8,174 I $87 I~~! $16,252

l.::mpcrnture. conductivily. dis..wlv~d oxygen, oxidation amJ miscellaneous guuges, antl PIDIFID (if warranted} .

P.1g,: 3 i;;f 4

GcoSyntt-c Con:sulmnEs

06.04.21

Gc:,>Synl<.:c Commlrnn~~

l'ir,pr,.w/ N(/. Xl/06084

Table I Summary of Estimated Costs

Indian River County P&T System Cleaning, Re-start, and O&M

Task Task Description

Labot·. Hours Labor

Direct Expenses . Total Cost

I 2 3 4 5

Project Management/Meetings Preliminary System Clel!ning, Repairs, and 1: O&M Site Visits Equipment Contingencies"' Lctler Report Total

68 70

200 48 34

338

$7,766 $5,575

$14,706 $3,656 $2,946

$89 $1,384 $6,518 $8,174

$87 $16,252

Note: *Equipment contingency task developed to enable funding of unforeseen equipment repairs/troubleshooting, IRC approval will be required for u8e of contingency t,1sk budget.

XR060084/CCl\0600i7 - !RC F« Pmposal.,I, Piig<-~4 of 4

$7,855 $6,959 $21,224 $11,830 $3,033 $50,901

06.04.25

435

ATTACHMENT B

WORK AUTHORIZATION

436

AGENDA COPY WORK AUTHORlZA TION No. FR0766B

EFFECTIVE DATED ______ _

In acco,·dance with the Agreement for Professional Services between Indian. River County Solid Waste Disposal Di,trict ("Client"), and GeoSyntec Consultants, Inc. ("GeoSyhtec"), dated IO August 2004, this Work Authorization describes the ,ervices, schedule, and charges for OeoSyntec's services on the project known as:

P&T SYSTEM Q&M FOR THE SOUTH GIFFORD ROAD LANDFILL

Client Authorized_ Representative: Polly Kratman, SWDD

Address: 1325 74•h Avenue S.W, Vero Beach, Florida 32968

Telephone No: !.-7w7..<2cJ..J..77..,0,..-5,._,lu.l.c3 _______________ ,--_______ _

GeoSyntce Authorized Representative: Nandra Weeks or Jim Langenbach

Address: 2258 Riverside Avenue or Jacksonville, Florida 32204

6770 South Wrushinaton Avenue Titusville, Florida 32780

Telephone No: .,(9,..04::,:),_,3""8""8•;,,8""82..,I~· ____ ..so.._r _...,.(,,32"-'I_,_).,_, 26,,9c::,-5"'8""80,,__ _________ _

SERVICES. The scope of services, time schedule and charges are described in GeoSyntec's proposal dated 25 April 2006 attached to this Work Authorization, incorporated herein by reference.

TERMS AND CONDITIONS. The terms and conditions of th• Professional Services Agreement referenced above shall apply to this Work Authorization,

Acceptance of the terms of this Work Authorization Authorized Representatives. SUBMITIED BY: OEOSYNTEC CONSULTANTS

(Consultant) ,,- /2 By:·~

Thomas A. Peel, Ph.D., Secretary

is acknowledged by the following signatures of the ·

APPROVED BY: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

By:-------------Arthur R. Neubergc~, Chairman

By:-------------Attest: J. K. Barton; Clerk of the Court

Approved:

XR06084/CCR06001.7 - IRC Pump and Tre:ac System fee Proposal.do~ 437