BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
C O M M I S S I O N A G E N D A
TUESDAY, NOVEMBER 17, 2009 - 9:00 A.M.
County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
COUNTY COMMISSIONERS
Wesley S. Davis, Chairman District 1 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 William G. Collins II, County Attorney Gary C. Wheeler District 3 Jeffrey K. Barton, Clerk to the Board Peter D. O’Bryan District 4 Bob Solari District 5
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION Reverend Dawn Reichard Christ by the Sea United Methodist Church
3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O’Bryan
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
November 17, 2009 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating November 22 – 28, 2009 as
Christian Heritage Week in Indian River County 1
B. Presentation of Proclamation Designating the Month of November, 2009, as
National Adoption Awareness Month 2
6. APPROVAL OF MINUTES A. Regular Meeting of September 22, 2009
B. Regular Meeting of October 6, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION
None
8. CONSENT AGENDA A. Approval of Warrants and Wires October 30, 2009 to November 5, 2009 (memorandum dated November 5, 2009) 3-9
B. Annual Signatories Resolution (memorandum dated November 9, 2009) 10-16
C. Request to Approve a One-Year Contract Extension with The Conservation Fund for Professional Services Relating to the County Environmental Lands Program (memorandum dated November 5, 2009) 17-32
rd th th D. 43 Avenue, 12 Street to 18 Street Road Improvements Temporary Construction Easement Acquisition 1586 43rd Avenue Kevin Irby (memorandum dated November 3, 2009) 33-39
E. IRCBCC Subrogation Claim / Reimbursement due to IRCBCC (memorandum dated November 9, 2009) 40-43
F. Mark’s Mobile Under Ground Fuel Tanks GeoSyntec Consultants Work Order #22 (memorandum dated November 9, 2009) 44-63
November 17, 2009 Page 2 of 6
8. CONSENT AGENDA PAGE
G. Work Order No. 12 (Engineering/Surveying), Masteller, Moler, Reed and Taylor, Inc. – Full and Final Pay, 66th Avenue Roadway Improvements Row Acquisitions, 53rd Street Boundary Survey Lewis Parcel No. 168 (memorandum dated November 5, 2009) 64-65
H. Renewal of Professional Geotechnical Services Agreement 2009-2010 (memorandum dated October 29, 2009) 66-89
I. Providing Geotechnical Services for Oslo Road Improvements east of US Hwy 1, Universal engineering Sciences, Inc. work Order No. 2, IRC Project #0381 (memorandum dated November 4, 2009) 90-102
J. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. (memorandum dated October 27, 2009) 103-131
K. IRC Sheriff’s Administration Underground Fuel Tanks GeoSyntec Consultants work Order #21 Increase Budget Amount (memorandum dated November 5, 2009) 132-135
th rd th L. 12 Street Sidewalk Project (from 43 Ave to 27 Ave) Project #0604, Bid Number 2008080 – Sheltra & Son Construction Co., Inc. Payment Application No. 4 and Reduction of Retainage (memorandum dated November 6, 2009) 136-141
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. SR 60 Vero LLC. Request to Rezone 19.98 acres from Rm-6 to RM-8 (memorandum dated November 4, 2009) 142-165 Quasi-Judicial
2. Ordinance Requiring Registered Sex Offenders to Notify to Operators of Temporary Emergency Shelters (memorandum dated November 6, 2009) 166-170 Legislative
November 17, 2009 Page 3 of 6 10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Gordon Michael Regarding Dedication of
Portion of SR60 to Corporal Richard Raczkoski 171
C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing December 1, 2009: Shell Lane East a Portion of Summerplace, Petition Sewer Service,
Indian River County Project No. UCP-4039 (memorandum dated November 6, 2009) 172 Administrative
2. Notice of Scheduled Public Hearing December 1, 2009: Proposed Ordinance to Create a New Gifford Community Center
MSTU (memorandum dated November 9, 2009) 173 Legislative
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development None
B. Emergency Services None
C. General Services None
D. Human Resources None
E. Human Services None
November 17, 2009 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
F. Leisure Services None
G. Office of Management and Budget None
H. Recreation None
I. Public Works 1. Staff Update – Sector 3 Beach Renourishment Project
(no back-up)
J. Utilities Services 1. Electric Resolution and Scope of Authority of Utility Advisory Committee (memorandum dated November 9, 2009) 174
2. Request for Qualifications (RFQ) for a Consultant on the Consolidation of Utilities (memorandum dated November 9, 2009) 175-185
13. COUNTY ATTORNEY MATTERS th A. Necessity of Take Resolution for parcel of property located at 6816 49 Street, Linda Britcher, Parcel 142 (memorandum dated November 5, 2009) 186-192
14. COMMISSIONERS ITEMS
A. Commissioner Wesley S. Davis, Chairman None
B. Commissioner Joseph E. Flescher, Vice Chairman None
C. Commissioner Gary C. Wheeler None
November 17, 2009 Page 5 of 6
14. COMMISSIONERS ITEMS PAGE
D. Commissioner Peter D. O’Bryan None
E. Commissioner Bob Solari 1. Economic Development and Strategic Goals Summit II
(memorandum dated November 9, 2009) 193
2. Recommended Electric Resolution
(memorandum dated November 9, 2009) 194-197
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District None
B. Solid Waste Disposal District None
C. Environmental Control Board None
16. 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 (TDD # 772-770-5215) 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: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.
November 17, 2009 Page 6 of 6 PROCLAMATION 5A
DESIGNATING NOVEMBER 22 - 28, 2009 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY
_Vlff-lERE;A~. during tb~ s~§SQQ ancJ i11 _tt:le spirit 9f Than~sgLviog, it is right ano jw~t Jg recognize the contributions and sacrifices of our Founding Fathers; and
WHEREAS, the preamble of the Constitution of the State of Florida provides: "We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all .... "; and
WHEREAS, the Constitution of the State of Florida guarantees the free exercise of religion.
NOW, THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Indian River County, Florida, that the week of November 22 - 28, 2008 be known, designated, and set aside as CHRISTIAN HERITAGE WEEK in Indian River County, in reQognition of the American Family Association's contribution to the quality of life in Indian River County.
Adopted this 17th day of November, 2009.
BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA
~~£i:;.,
GaryC. W PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2009, AS NATIONAL ADOPTION AWARENESS MONTH
WHEREAS, there are numerous children in our County waiting for adoptive families; and
WHEREAS, nearly all of these children have special needs because of physical, mental or emotional disabilities, because they must be placed with siblings, because they are children of color or because they are school-aged; and
WHEREAS, these children need extra patience and support to help them overcome previous hardship; and
WHEREAS, all children have the right to a forever family; and
WHEREAS, families are able and willing to adopt children who have special needs; and
WHEREAS, it is important to stress that a disability, low income or being single does not disqualify individuals from adopting; and
WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support.
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board of County Commissioners that the month of November, 2009, be designated as
NATIONAL ADOPTION AWARENESS MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, business and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families.
Adopted this 1ih day of November, 2009. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis
Peter D. O'Bryan
Gary C. Wheeler
Joseph E. Flescher
Bob Solari CLERK OF CIRCUIT COURT
INTEROFFICE MEMORANDUM
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: November 5, 2009
SUBJECT: APPROVAL OF WARRANTS AND WIRES October 30, 2009 to November 5, 2009
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 October 30, 2009 to November 5, 2009. Attachment:
DB:MS
3 CHECKS WRITTEN
CHECKNBR CKDATE VENDOR AMOUNT 241759 10/29/2009 PRIZM GROUP LLC 788.20 241760 11/2/2009 ALPHONSO JONES 477.00 241761 11/2/2009 ORANGE COUNTY HOUSING AND 401.72 241762 11/2/2009 SANDY PINES 2,668.00 241763 11/2/2009 ALL FLORIDA GMAC REAL ESTATE 5,797.00 241764 11/2/2009 GERALD T CAPAK 301.00 241765 11/2/2009 PAUL CARONE 493.00 241766 11/2/2009 CHERYL DOYLE 345.00 241767 11/2/2009 EDGEWOOD PLACE (305-113) 1,001.00 241768 11/2/2009 GIFFORD GROVES LTD 4,828.00 241769 11/2/2009 GRACES LANDING LTD 7,183.00 241770 11/2/2009 GRACES LANDING LTD 214.00 241771 11/2/2009 MICHAEL JACKOWSKI 772.00 241772 11/2/2009 PHILLIP G LANGLEY 401.00 241773 11/2/2009 TERRY A LAWRENCE 101.00 241774 11/2/2009 LINDSEY GARDENS APARTMENTS 10,181.00 241775 11/2/2009 MOD INVESTMENTS 1,519.00 241776 11/2/2009 RIVER PARK ASSOCIATES 12,405.00 241777 11/2/2009 RICHARD C THERIEN 1,432.00 241778 11/2/2009 CREATIVE CHOICE HOMES XVI LTD 8,612.00 241779 11/2/2009 CREATIVE CHOICE HOMES XVI LTD 663.00 241780 11/2/2009 DAVID YORK 525.00 241781 11/2/2009 LILLYBYORK 359.00 241782 11/2/2009 ST FRANCIS MANOR OF VERO BEACH 1,596.00 241783 11/2/2009 CITY OF VERO BEACH 138.00 241784 11/2/2009 SALLIE (WYNN) BLAKE 451.00 241785 11/2/2009 KYLES RUN APARTMENTS 6,369.00 241786 11/2/2009 BRACKETT FAMILY LTC & PARTNERSHIP 183.00 241787 11/2/2009 CHRISTIAN MILLIMAN 600.00 241788 11/2/2009 LLONALD E MIXELL 291.00 241789 11/2/2009 FULCHINI ENTERPRISES INC 315.00 241790 11/2/2009 VENETIAN APARTMENTS OF VERO BEACH 843.00 241791 11/2/2009 HERMOSA PROPERTIES LLC 361.00 241792 11/2/2009 PINNACLE GROVE LTD 2,904.00 241793 11/2/2009 THE CLUB AT VERO 11,481.00 241794 11/2/2009 CRAIG & KAREN MERRILL 772.00 241795 11/2/2009 CHRISTINE SALTER 730.00 241796 11/2/2009 HAGGERTY FAMILY LTD 559.00 241797 11/2/2009 WILLIAM J KEISER & OANH HUYNH 375.00 241798 11/2/2009 THEPALMSATVEROBEACH 12,562.00 241799 11/2/2009 CLEMENCIA CAMACHO 506.00 241800 11/2/2009 DAVID AND PATRICIA CONDON 712.00 241801 11/2/2009 HILARY MCIVOR 221.00 241802 11/2/2009 WALKER CLUB APARTMENTS 2,733.00 241803 11/2/2009 PAULA LANE 422.00 241804 11/2/2009 RONALD J RENNICK 323.00 241805 11/2/2009 WARREN ROBERT BEANS 477.00 241806 11/2/2009 DENIS AND NORMA JEAN ROCK 474.00 241807 11/2/2009 TCG SONRISE IT LLC 447.00 241808 11/2/2009 GLENN STRUNK 398.00 241809 11/2/2009 PELICAN ISLE 4,380.00 241810 11/2/2009 PELICAN ISLE 472.00 241811 11/2/2009 MID FLORIDA RENTALS INC 603.00 241812 11/2/2009 LUCY HORNE 429.00 241813 11/2/2009 JOHNFBAER 2,581.00 241814 11/2/2009 SUNCOAST REALTY & RENTAL MANAGEMENT LLC 3,310.00 241815 11/2/2009 OAK RIVER PROPERTIES 238.00 241816 11/2/2009 MICHAEL MAZZARELLA 668.00 4 CHECKNBR CKDATE VENDOR AMOUNT 241817 11/2/2009 JOSERPOMPA 599.00 241818 11/2/2009 PATRICIA MACLEOD 483.00 241819 11/2/2009 KENNEN COHEN 433.00 241820 11/2/2009 INVESTORS REALTY OF IRC 593.00 241821 11/2/2009 BOGDAN HYTROS 271.00 241822 11/2/2009 COLETTA DORADO 552.00 241823 11/2/2009 NANCY SAUNIER 497.00 241824 11/2/2009 EMELE MONCION 729.00 241825 11/2/2009 STEPHEN J SHORT SR 525.00 241826 11/2/2009 MIKE KANNER 564.00 241827 11/2/2009 ADINA GOLDMAN 480.00 241828 11/2/2009 ANCELBROWN 468.00 241829 11/2/2009 HERITAGE VILLAS OF VERO BEACH 768.00 241830 11/2/2009 DONNA FINLAYSON-BROWN 735.00 241831 11/2/2009 SAMUEL P N COOK 371.00 241832 11/2/2009 LA2YJLLC 425.00 241833 11/2/2009 ANTHONY STEWART 286.00 241834 11/2/2009 DEBRA YOUNG 259.00 241835 11/2/2009 STEPHANIE FOUNTAIN 287.00 241836 11/2/2009 WINFRIED AND LESLIE ARENDT 313.00 241837 11/2/2009 CEDAR COVE RENTALS PA 681.00 241838 11/2/2009 KATHY NYSTROM PROPERTY MGMT 797.00 241839 11/2/2009 ROBERT BAILEY 1,385.00 241840 11/2/2009 SYLVIA MCNEILL 596.00 241841 11/2/2009 NANCY J OUELLETTE 501.00 241842 11/2/2009 SKOKIE HOLDINGS INC 316.00 241843 11/2/2009 LILIAN N BEUTTELL 407.00 241844 11/2/2009 ROGER WINSLOW 495.00 241845 11/2/2009 RUTHIE SWAN 398.00 241846 11/2/2009 CHRIS WILSON 306.00 241847 11/2/2009 GARY JPARCELLIN 483.00 241848 11/2/2009 EUGENE AND ruLIE THERON 702.00 241849 11/2/2009 VINCENT & DENISE PILEGGI 519.00 241850 11/2/2009 ANNE M HENNESSEY 511.00 241851 11/2/2009 BENOIT TREMBLAY 665.00 241852 11/2/2009 WALTER BRYAN BRITTON 766.00 241853 11/2/2009 ZORAIDA OROZCO 608.00 241854 11/2/2009 OSLO VALLEY PROPERTIES INC 760.00 241855 11/4/2009 STANDARD LIFE INSURANCE 9,066.00 241856 11/4/2009 STANDARD LF OPT 11,396.05 241857 11/5/2009 EVERGLADES FARM EQUIPMENT CO INC 1,959.33 241858 11/5/2009 PORT CONSOLIDATED INC 77,473.52 241859 11/5/2009 JORDAN MOWER INC 65.28 241860 11/5/2009 JORDAN MOWER INC 241.79 241861 11/5/2009 INDIAN RIVERAUTOPARTSLLC 55.97 241862 11/5/2009 INDIAN RIVER AUTO PARTS LLC 1,468.75 241863 11/5/2009 ROBINSON EQUIPMENT COMPANY INC 277.28 241864 11/5/2009 AMERICAN BUSINESS INTERIORS 1,990.52 241865 11/5/2009 IKON OFFICE SOLUTIONS 157.42 241866 11/5/2009 CIDSHOLM CORP OF VERO 582.40 241867 11/5/2009 NORTH SOUTH SUPPLY INC 322.73 241868 11/5/2009 VELDE FORD INC 532.16 241869 11/5/2009 LIGHT SOURCE BUSINESS SYSTEMS 404.00 241870 11/5/2009 SEWELL HARDWARE CO INC 28.36 241871 11/5/2009 COLD AIR DISTRIBUTORS WAREHOUSE 612.53 241872 11/5/2009 DELTA SUPPLY CO 173.72 241873 11/5/2009 E-Z BREW COFFEE & BOTTLE WATER SVC 21.46 241874 11/5/2009 INDIAN RIVER BATTERY 534.00 241875 11/5/2009 GRAINGER INDUSTRIAL SUPPLY 1,166.40 241876 11/5/2009 INDIAN RIVER OXYGEN INC 52.00
2 5 CHECKNBR CKDATE VENDOR AMOUNT 241877 11/5/2009 KELLY TRACTOR CO 2,864.24 241878 11/5/2009 REPUBLIC SERVICES OF FL LP 404.82 241879 11/5/2009 THE GALE GROUP 218.74 241880 11/5/2009 ACTION TRANSMISSION & A/C SERVICE 266.27 241881· 11/5/2009 MARSHALL CAVENDISH CORP 176.29 241882 I 1/5/2009 DAILY COURIER SERVICE 129.00 241883 11/5/2009 ACCUTECH INSTRUMENTATION INC 189.89 241884 11/5/2009 APPLE INDUSTRIAL SUPPLY CO 216.15 241885 I 1/5/2009 HACH CO 1,344.97 241886 11/5/2009 LABOR FINDERS INC 918.78 241887 11/5/2009 GALLS INC 201.93 241888 11/5/2009 HD SUPPLYWATERWORKS,LTD 21,521.25 241889 11/5/2009 EGPINC 685.00 241890 11/5/2009 VERO INDUSTRIAL SUPPLY INC 608.88 241891 11/5/2009 FLORIDA VETERINARY LEAGUE 52.00 241892 11/5/2009 ELPEXINC 447.00 241893 11/5/2009 ECOLOGICAL ASSOCIATES INC 2,146.30 241894 11/5/2009 BARTH CONSTRUCTION INC 86,867.31 241895 11/5/2009 EDLUND DRITENBAS BINKLEY ARCHITECTS 973.68 241896 11/5/2009 CARTER ASSOCIATES INC 32,970.45 241897 I 1/5/2009 ALLIED UNIVERSAL CORP 12,706.35 241898 11/5/2009 ATLANTIC COASTAL TITLE CORP 570.00 241899 11/5/2009 THE EXPEDITER 40.13 241900 11/5/2009 CUSTOM CARRIAGES INC 25.33 241901 11/5/2009 R & G SOD FARMS 55.00 241902 11/5/2009 XEROX CORP SUPPLIES 65.30 241903 11/5/2009 GENERAL PART INC 1,017.84 241904 11/5/2009 GOODYEAR AUTO SERVICE CENTER 181.00 241905 11/5/2009 BLAKESLEE MAINTENANCE 710.00 241906 11/5/2009 BAKER&TAYLORINC 8,880.98 241907 11/5/2009 MIDWEST TAPE 721.20 241908 11/5/2009 MID STATE MECHANICAL OF VERO BEACH INC 3,150.00 241909 11/5/2009 ARAMARK UNIFORM SERVICES 1,321.75 241910 11/5/2009 LOWES CO INC 43.99 241911 11/5/2009 LOWES CO INC 528.41 241912 11/5/2009 ODYSSEY MANUFACTURING CO 12,306.60 241913 11/5/2009 PREOSION CONTRACTING SERVICES INC 688.95 241914 I 1/5/2009 SOUTHERN COMPUTER WAREHOUSE 721.08 241915 11/5/2009 PALM TRUCK CENTERS INC 639.21 241916 11/5/2009 NORTRAXEQUIPMENTCO 1,207.27 241917 11/5/2009 HARBOR BRANCH ENVIRONMENTAL LAB INC 55.00 241918 I 1/5/2009 LINDSEY GARDENS APARTMENTS 400.00 241919 11/5/2009 CREATIVE CHOICE HOMES XVI LTD 386.00 241920 11/5/2009 PING INC 2,591.63 241921 11/5/2009 INDIAN RIVER COUNTY HEALTH DEPT 675.00 241922 I 1/5/2009 INDIAN RIVER COUNTY HEALTH DEPT 220.00 241923 11/5/2009 CITY OF VERO BEACH 96,450.18 241924 11/5/2009 APPLE MACHINE & SUPPLY CO 79.07 241925 11/5/2009 INDIAN RIVER ALL FAB INC 159.95 241926 11/5/2009 GENERAL ELEVATOR SALES & SERVICE 270.00 241927 11/5/2009 AT&T 1,271.95 241928 I 1/5/2009 AT&T 152.92 241929 11/5/2009 UNITED PARCEL SERVICE INC 63.62 241930 I 1/5/2009 INDIAN RIVER.COUNTY 200.00 241931 ll/5/2009 FLORIDA EAST COAST RAILWAY COMPANY 1,573.00 241932 ll/5/2009 WILBERT SHEPHARD 40.00 241933 11/5/2009 JANITORIAL DEPOT OF AMERICA INC 1,265.14 241934 I 1/5/2009 RANDY AND PRISCILLA VALENTINO 190.00 241935 ll/5/2009 INDIAN RIVER COUNTY UTILITIES 9,576.16 241936 11/5/2009 TOTAL TRUCK PARTS INC 159.96
3 6 CHECKNBR CKDATE VENDOR AMOUNT 241937 11/5/2009 FOOTJOY 274.50 241938 11/5/2009 OFFICE DEPOT BSD CUSTOMER SVC 1,611.76 241939 11/5/2009 ST JOHNS RIVER WATER MGMT DISTRICT 1,000.00 241940 11/5/2009 AMERICAN RED CROSS NO TREASURE COAST CHA 40.00 241941 11/5/2009 FEDERAL EXPRESS 28.99 241942 11/5/2009 FEDERAL EXPRESS 19.35 241943 11/5/2009 FEDERAL EXPRESS 31.61 241944 11/5/2009 COMO OIL COMPANY OF FLORIDA 71.38 241945 11/5/2009 DONNY LAWLESS 120.00 241946 11/5/2009 CITY OF SEBASTIAN 17,033.39 241947 11/5/2009 CORPORATION OF THE PRESIDING BISHOPRIC 106.80 241948 11/5/2009 CALLAWAY GOLF SALES COMPANY 932.01 241949 ll/5/2009 FLORIDA POWER AND LIGHT 10,108.25 241950 11/5/2009 FLORIDA POWER AND LIGHT 2,141.40 241951 11/5/2009 BAG BOY COMPANY 112.00 241952 11/5/2009 TAYLORMADE 799.66 241953 11/5/2009 STATE ATTORNEY 2,090.51 241954 11/5/2009 HARRIS COTHERMAN,JONES 40,000.00 241955 11/5/2009 GLOBAL GOLF SALES INC 283.33 241956 11/5/2009 WASTE MANAGEMENT INC 1,593.45 241957 11/5/2009 GERALD A YOUNG SR 150.00 241958 11/5/2009 INDIAN RIVER FARMS WATERCNTRLDIST 100.00 241959 11/5/2009 RANDALL GODWIN 60.00 241960 11/5/2009 ALAN C KAUFFMAN 80.00 241961 11/5/2009 WOODS & POOLE ECONOMICS INC 252.00 241962 11/5/2009 EDWARD PRIME 194.40 241963 11/5/2009 SCHOLASTIC SPORTS INC 50.00 241964 11/5/2009 DYNAMIC BRANDS LLC 330.50 241965 11/5/2009 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 70.20 241966 11/5/2009 COMCAST 60.00 241967 11/5/2009 COMCAST 89.17 241968 11/5/2009 BROWN & CALDWELL 22,001.85 241969 11/5/2009 LINDSEY GEIB 40.00 241970 11/5/2009 TIM GEIB 180.00 241971 11/5/2009 DONADIO AND ASSOCIATES ARCHITECTS 150.00 241972 11/5/2009 SHRIEVE CHEMICAL CO 3,497.19 241973 11/5/2009 S R SMITH & SONS INC 8,731.71 241974 11/5/2009 SAL PERO 100.00 241975 11/5/2009 SHELTRA & SON CONSTRUCTION INC 153,317.90 241976 11/5/2009 PENINSULA HYDROLOGIC DATA 2,790.00 241977 11/5/2009 FLAGLER CONSTRUCTION EQUIPMENT LLC 352.93 241978 11/5/2009 CINTAS CORPORATION NO 2 251.01 241979 11/5/2009 VANWALINC 836.00 241980 11/5/2009 THE GRILL PLACE 160.00 241981 11/5/2009 ALBRECHT,BEVERLY 9.80 241982 11/5/2009 FLORIDA LEVEL & TRANSIT CO INC 114.00 241983 11/5/2009 CAPITAL OFFICE PRODUCTS 278.64 241984 11/5/2009 SAFETY & BOOT CENTER INC 1,259.10 241985 11/5/2009 GLOVER OIL COMPANY INC 102,496.67 241986 11/5/2009 LIZ CLAIBORNE INC 52.05 241987 11/5/2009 LIZ CLAIBORNE INC 496.79 241988 11/5/2009 UNIVERSAL ENGINEERING SCIENCES 1,277.00 241989 11/5/2009 REHRIG PACIFIC COMPANY 31,324.06 241990 11/5/2009 JOE RIVERA 30.00 241991 11/5/2009 DANE PFARR 160.00 241992 11/5/2009 UNITED MEDICAL INDUSTRIES CORP 203.00 241993 11/5/2009 J W CHEATHAM LLC 116,341.61 241994 11/5/2009 KENNY CAMPBELL JR 140.00 241995 11/5/2009 CHRIS COFFEY 199.00 241996 11/5/2009 JOHNNY B SMITH 94.00
4 7 CHECKNBR CKDATE VENDOR AMOUNT 241997 11/5/2009 MARK HEBERLING 120.00 241998 I 1/5/2009 CHARLES A WALKER 220.00 241999 11/5/2009 POLICASTRO & LEROUX PA 21,082.42 242000 11/5/2009 JESSE MILLIMAN 54.00 242001 11/5/2009 FISHER & PHILLIPS LLP ATTORNEYS AT LAW 1,162.40 242002 11/5/2009 ROB MOORE 160.00 242003 11/5/2009 TREASURE COAST FOOD BANK INC 466.41 242004 11/5/2009 DYER CHEVROLET 838.51 242005 11/5/2009 FIRST CLASS COACH SALES CORP 234.24 242006 11/5/2009 SHANNON STALHUT 130.00 242007 11/5/2009 AUTOMOTIVE CLIMATE CONTROL INC 993.56 242008 11/5/2009 DANIEL MECHANICAL LLC 36,894.00 242009 11/5/2009 TC ENTERPRISE 6,600.00 242010 11/5/2009 INDIAN RIVER CLUB LTD 7,763.20 242011 11/5/2009 HOLLIS HOIER 120.00 242012 11/5/2009 SEASIDE LANDSCAPES INC 2,170.00 242013 I 1/5/2009 WALDEN BOOK CO INC 13,783.94 242014 11/5/2009 YOLANDA BELL 50.00 242015 11/5/2009 SANDY ARACENA 80.00 242016 11/5/2009 LOGOGRAM INC 3,205.44 242017 11/5/2009 COASTAL LAWN & LANDSCAPING INC 850.00 242018 11/5/2009 REOWORLD 185.84 242019 11/5/2009 MARSHALL T CLARK 33.60 242020 11/5/2009 COCO MINER 50.00 242021 11/5/2009 JOAN R MEDICI . 1,023.00 Grand Total: 1,190,059.04
5 8 WIRES SENT
CHECKNBR CKDATE VENDOR AMOUNT 877 10/30/2009 ICMA RETIREMENT CORPORATION 22,454.56 878 10/30/2009 ICMA RET CORP 1,450.00 879 10/30/2009 NACO/SOUTHEAST 15,724.70 880 10/30/2009 FLSDU 8,328.61 881 10/30/2009 IRS-PAYROLL TAXES 450,786.33 882 10/30/2009 INDIAN RIVER COUNTY SHERIFF 3,358,592.73 883 10/30/2009 INDIAN RIVER COUNTY 69,464.45 884 11/3/2009 FL RETIREMENT SYSTEM 619,356.56 885 11/4/2009 IRS-PAYROLL TAXES 23,652.88 886 11/4/2009 MILB VERO BEACH LLC 97,397.89 Grand Total: 4,667,208.71
9 'isB Office ef ConsentAgenda 11/17/200"! INDIAN RIVER COUNTY ATTORNEY
MEMORANDUM
To: Board of County Commissioners
From: i,v<, William G. Collins 11, County Attorney
Date: November 9, 2009
Re: Annual Signatories Resolution
In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt the attached Annual Signatories Resolution. Further, the Resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from November 17, 2009 through December 31,2010.
Requested Action:
Authorize the newly selected Chairman and Vice Chairman to sign the attached resolution.
Attachment: Resolution
l1dian River C,. A roved D2te Admi•• /I q) 'I/IP () CJ ✓-- l-< ~ Co. Atty. /(/ / ~~ APPROVED FOR / /- / f1 - !) q Budget - ' S.C.C MEETING - ~~T AGENDA Dept. - ~d Risk Mgr. ...-- - COUNTY_ATTORNEY/ " .. 10 RESOLUTION NO. 2009- __
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2008-173; DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Code section 101.02.1, on November 17, 2009, the Board of County Commissioners of Indian River County ("Board") selected ______as Chairman from November 17, 2009, and continuing through November 16, 2010, and ______as Vice Chairman from November 17, 2009, and continuing through November 16, 2010; and
WHEREAS, Jeffrey K. Barton is the .duly elected Clerk of the Circuit Court for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2009); and
WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and
WHEREAS, the Board's selection of Chairman and Vice Chairman requires a re designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories;
WHEREAS, the Board has determined that the existing financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and
WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from November 17, 2009 through calendar year 201 O; and
WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared emergency affecting Indian River County to the County 1 11 Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from November 17, 2009 through calendar year 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed.
2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other compensation to or for any Board employees.
3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders of any person or persons whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board, when any such check, warrant, or other order for the payment of money is less than or equal to the sum of twenty thousand dollars ($20,000).
4. Except as set forth hereinabove, if a check, warrant, or other order for the payment of money drawn in the name of the Board exceeds the sum of twenty thousand dollars ($20,000), designated depositories are authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, only when such check, warrant, or other order for payment of money bears both the facsimile signature of the Chairman of the Board and the facsimile signature of the Clerk, and further bears the manual signature of any one of the Chairman, Vice Chairman, Clerk, or one of the Deputy Clerks designated in this Resolution.
5. The Board hereby designates Jeffrey Smith, Deputy Clerk, and Cindy Jo Carlsward, Deputy Clerk, as the only two (2) Deputy Clerks authorized to sign checks, warrants, or other orders for the payment of money drawn in the name of the Board where this Resolution requires the manual signature of one of the designated Deputy Clerks:
6. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety.
7. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board.
8. The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2009), the "Uniform Facsimile Signature of Public Officials Act."
2 12 9. Resolution 2008-173 of the Indian River County Board of County Commissioners is hereby rescinded in its entirety.
10. Commencing November 17, 2009, and continuing through December 31, 2010, Joseph A. Baird, Indian River County Administrator and Indian River County Emergency Services District Director, or his designee, is hereby delegal~d the authority: (i) to declare a slate of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2009); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (1) and (3) respectively] exists in Indian River County. ·
11. The Clerk to the Board shall immediately file a certified copy of this Resolution with the Department of State, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment.
The Resolution was moved to adoption by Commissioner ______, and the motion was seconded by Commissioner------~ and upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner
The Chairman thereupon declared the Resolution duly passed and adopted this 1th day of November, 2009. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk By ______By ______Deputy Clerk ,Chairman
Approved as to form and legal suff~J:l#J_~
William G. Collins II, County Attorney
3 13 EXHIBIT "A"
Jeffrey K. Barton, Clerk of Circuit Court
Actual
Facsimile
Jeffrey Smith Deputy Clerk
Actual
Cindy Jo Carlsward Deputy Clerk
Actual
Indian River County Board of County Commissioners Chairman: ______
Actual
Facsimile
Indian River County Board of County Commissioners Vice Chairman: ______
Actual
Facsimile
14 CERTIFICATE OF FACSIMILE SIGNATURE PURSUANT TO FLORIDA STATUTES SECTION 116.34:
STATE OF FLORIDA COUNTY OF INDIAN RIVER
I,---,------,-----' being duly commissioned as Chairman of the Indian River County Board of County Commissioners do hereby file with the Secretary of State my official signature for the purposes of complying with Florida Statutes Section 116.34 (2009), and do hereby certify that the below signature is true and correct and manually subscribed by me.
By ___~------Business address: 1801 2ih Street, Vero Beach, FL
SWORN TO and subscribed before me this 17TH day of November, 2009, by ______as Chairman of the Indian River County Board of County Commissioners, who is personally known to me.
Notary (sign) ______Affix stamped seal with name Commission # and expiration date:
STATE OF FLORIDA COUNTY OF INDIAN RIVER
I, ______, being duly commissioned as Vice Chairman of the Indian River County Board of County Commissioners do hereby file with the Secretary of State my official signature for the purposes of complying with Florida Statutes Section 116.34 (2009), and do hereby certify that the below signature is true and correct and manually subscribed by me.
By Business address: -1-80_1_2~7t"'"h _S_tr_e_e_t,-V-e-ro_B_e_a-ch-,-F-L
SWORN TO and subscribed before me this 17TH day of November, 2009, by as Vice Chairman of the Indian River County Board of County Commissioners, who is personally known to me.
Notary (sign) ______Affix stamped seal with name Commission # and expiration date:
15 STATE OF FLORIDA COUNTY OF INDIAN RIVER
I, Jeffrey K. Barton being duly commissioned as Clerk of the Circuit Court of Indian River County do hereby file with the Secretary of State my official signature for the purposes of complying with Florida Statutes Section 116.34 .(2009), and do hereby certify that the below signature is true and correct and manually subscribed by me.
By __~------Business address: 2000 16th Avenue, Vero Beach, FL
SWORN TO and subscribed before me this_ day of November, 2009, by Jeffrey K. Barton as Clerk of the Circuit Court of Indian River County, who is personally known to me.
Notary (sign) ______Affix stamped seal with name Commission # and expiration date:
16 CONSENT ITEM
INDIAN RIVER COUNTY MEMORANDUM
TO: Joseph A. Baird County Administrator
Ro ert M. Keating, A CP Community Development FROM: Roland M. DeBlois, AICP'P Chief, Environmental Planning
DATE: November 5, 2009
RE: Request to Approve a One-Year Contract Extension with The Conservation Fund for Professional Services Relating to the County Environmental Lands Program
It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of November 17, 2009.
DESCRIPTION AND CONDITIONS
On November 15, 2005, the Board of County Commissioners approved a 3-year contract with The Conservation Fund (TCF) for environmental land acquisition and management planning services. Section 4.01 of the contract provides that the County, if desired, may renew the contract for one-year periods. Last year, the Board approved a one-year extension to the contract. The contract is now up for renewal consideration.
Although most of the County's land acquisition funds have now been spent, the County still has a need for consultant services for ongoing Land Acquisition Advisory Committee (LAAC) site acquisition tasks. For that reason, staff requests that the Board renew the contract with TCF for an additional one-year period to allow for continuing professional services assistance for the County Environmental Lands Program.
ALTERNATIVES & ANALYSIS
Since the County contracted with TCF in November 2005, the County has succeeded in acquiring title interest (fee simple or conservation easements) in 11 environmental project sites (±4,318 acres). In most of those acquisitions, the County has also secured cost-share from other agencies. That cost share totals more than $26 million.
Currently, staff is currently working with TCF to negotiate acquisition of the Russell (North) Parcel of the "St. Sebastian River Greenway Connector." Staff's position is that renewal of the contract with TCF is important if the County is to complete acquisition and cost-share "due diligence" tasks in a reasonable timeframe. Since TCF has done a competent job in its negotiations with property owners and in
1 17 coordinating with cost-share agencies, this one-year renewal will allow TCF to keep the acquisition project on schedule.
TCF provides an important service by subcontracting and coordinating due diligence tasks (i.e., appraisals, surveys and environmental audits). If those tasks were managed in-house, the time and effort involved would require additional staff. In addition, TCF and its associates have substantially assisted the County in drafting conceptual management plans for acquired properties.
Consistent with the original contract, TCF's subcontracting and coordination of due diligence tasks are on an "as need" basis, requiring pre-authorization by county staff. With respect to compensation to TCF for acquisition negotiations, the contract provides that TCF is compensated (I% of the purchase price) only if negotiations are successful and the transaction closes.
The proposed contract extension allows the County to terminate the contract upon 30 days notice to TCF. Staff feels that this one-year contract extension will allow staff to continue to make progress in its acquisition efforts.
The expenses incurred under this contract are funded from the proceeds of the environmental land acquisition bonds approved by the voters in 2004.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize the Board chairman to execute the attached "2nd Amendment of Agreement for Professional Services between Indian River County and The Conservation Fund Charitable Trust."
ATTACHMENTS
• Proposed "2nd Amendment of Agreement" document. • 11/15/05 County/TCP Contract.
APPROVED: I.R.County App ved Date FOR: November 17, 2009 Admin. I IP 'O'l Legal VK {;L ~ e,'f Budget r I,,._,, I.' " BY, Dept. -. ~Ao ipi, A F:\Community Development\Users\ROLAND\LAAC\The Conservation Fund\Contract\TCF contract 2nd extens BCC memo for 11-17-09.doc 2 18 2nd AMENDMENT OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND THE CONSERVATION FUND CHARITABLE TRUST (The "Agreement") This 2nd Amendment of the Agreement for Professional Services between Indian River County and The Conservation Fund Charitable Trust, dated November 15, 2005, is made and agreed to as of the __ day of November, 2009, by and between the parties to the Agreement, Indian River County, a political subdivision of the State of Florida (the "County"), and The Conservation Fund as Trustee of The Conservation Fund Charitable Tmst dated October 16, 1998, as amended (TCP). The parties agree as follows: !. Background and Considerations. The parties entered into an Agreement for Professional Services on November 15, 2005, and both parties have been performing in accordance with it. In order to continue its environmental land acquisition program, the County has asked that TCP continue to provide professional services in accordance with the Agreement. 2. Amendment: Extension. The Agreement for Professional Services is hereby extended for one year, until November 15, 2010. Notwithstanding the language of Article IV, Section 4.01 of the Agreement, the parties hereby agree to revive the Agreement nunc pro tune as though it had not lapsed. In every respect, this Amendment is to be constmed and applied as though the parties had both signed it before November 15, 2009. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Extension to the Agreement to be duly executed on the date set forth above. INDIAN RIVER COUNTY, a political THE CONSERVATION FUND CHARITABLE TRUST subdivision of the State of Florida DATED OCTOBER 16, 1998, AS AMENDED The Conservation Fund, Trustee By: ______By: ______, Chairman Richard L. Erdmann, Executive Vice President Board of County Commissioners Date signed: ______Date signed: ______ ATTEST: J.K. Barton, Clerk (Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~~ *<' County Attorney F:\Community Development\Users\ROLAND\LAAaThe Conservation Fund\Contract\TCF contract 2nd extension document.doc 19 INDIAN RIVER COUNTY ENVIRONMENTALLANDSPROGRAM AGREEMENT FOR PROFESSIONAL SERVICES WITH THE CONSERVATION FUND CHARITABLE TRUST 20 INDIAN RlVEll COUNTY ENVIR.ONMENTAL LANDS ACQUISITOIN PROGRAM AGREEMENT FOR PROFESSIONAL .SERVICES THIS AGREEMENT is made this 15Tll- day of Nov. •2005, by and between Indian River County, a political subdivision of the State ofFlorida {the "County") and The Conservation Fund •· as·Trustee of The Conservation Fund Charitable Trust dated October 16, 1998, as amended (TCF). Whereas, on November 2, 2004, the electorate· of the County authorized the County to acquire lands to preserve and protect water quality, open spaces, wildlife habitat, historic/cultural heritage sites, and agricultural uses, by issuing general obligation bonds in an amount.not to exceed $50 million; and · · Whereas, by Resolution No. 2005-086 ( the, "Resolution''), the County has reestablished a Land ·Acquisition Advisory Committee (the "LAAC") and established the Environmental Lands · Program (the "Program''). The Program's pUiposes, priorities, and standards for the acquisition and preservation of environniental lands are incorporated in the Indian·River County Land Environmental Lands Program Gi.lide (the "Guide"); and ., · Whereas, the properties approved for acquisition by the LAAC pittsuant to the Program contain a • number of ownerships, and acquisition of these properties will reqiiire ·an increa,se in acquisition · activities pursuant to the Program; and ,· Whereas, the successful acquisition of environmental lands presents unique real estate. and iiegotiating situations which reqture specialized expertise, and TCF has such expertise in the acquisition of environmental lands· in Florida for state, regional, water management district and loca1 government programs; and Whereas, many of the acquisition projects in the Program are approved or will be submitted for joint funding under the State Florida Forever Program, the Save Our Rivers Program, the Florida · Communities Trust Program, ·or other sources at all levels, public and private. Successful joint acquisitions require particular knowledge of these other programs, and TCF has the specialized knowledge from long experience with these progta:ms; and Whereas; the County's environmental-lands contain· historie/eultural res01rrces;• agricultural resources, and harbor populations ofrare, endangered or threatened species and natural communities that are endemic t!? the County, and the County desirell to develop management .Plans for these lands. Developing management plans for these lands will require expertise in various resource management techniques. TCF and its Subcontractors have the experience and skills needed to accomplish these.plans and related tasks; and Whereas, the County issued a Request for Proposals (RFP) in May 2005 for land acquisition , services in support of the Program. Pursuant to applicable Florida law and the RFP, the • County's duly constituted Environmental Lands Acquisition· Consultant Selection Committee • 1 . 21 ("Selection Committee'') received proposals and ranked the finns that responded to the RFP _based on evaluative criteria set forth in the RFP. TCF was the highest ranked respondent to the · RFP and on August 2, 2005, the County approved the Selection Committee's recommendation to appoint TCF to provide the independent land acquisition services set forth in the RFP; and Whereas, it is in the County's best interest to engage the services ofTCF (and through it, its · Subcontractors), so that the purposes of the Program can be realized, and TCF desires to accept the obligation to perform services in connection with the Program upon the terms and conditions set forth herein. Now, therefore, in consideration of the premises referenced herein, and for other good and valuable consideration, the County and TCF agree as follows: ARTICLE 1 TCF RESPONSIBILITIES 1.01 General. ln accordance with the policies, priorities and work plan developed by the County pursuant to the Resolution and the Guide, TCF will work with and provide support to.the County Environmental Planning Section, County Attorney's Office, County · Administrator's Office, and to the LAAC in the acquisition of environmental lands pursuant to the Program. TCF will utilize its real estate, legal, public relations, government relations, negotiating and environmental preservation expertise, skills and experience to assist the County . in the implementation, coordination, and·promotion of the Program and its goals. 1.02 Manage Pre-Acquisition Due Diligence Activities. The County may elect to provide the following necessary pre-acquisition documents and services to TCF to permit performance of its responsibilities under this Agreement, or it may elect to direct TCF to subcontract these documents and services: appraisal maps or surveys, title reports, appraisals, appraisal reviews, surveys, environmental site assessments, and other reports, title insurance and ; other similar matters. If the County elects to have TCF subcontract these documents and services, it will so indicate in writing to TCF, designating the documents or services to be acquired. The County will review all such completed documents and services for conformance with this Agreement, the Resolution, the Guide and other applicable requirements. All documents and services completed for TCF will be certified to the county in a form sufficient to provide legal privity between the ·subcontractor and the county. The County and TCF agree to cooperate fullyin·the development of general ·procedures and standards for the documents and services described in this section. TCF will develop a short-list of state-approved environmental land acquisition appn)isers and establish appraisal procedures and instructions for potential appraisers for each property. TCF will be compensated for pre-acquisition services in accordance with section 3.01 of this Agreement. 1.03 .Negotiations. TCF will make contact with owners to determine their willingness to sell and participate in the Comity's program. TCF will utilize appraisals prepared in accordance with this Agreement, and other appropriate information to develop a negotiating - strategy for each parcel ofland to be acquired. · Each negotiation will have as one of its goals the 2 22 securing of the lowest possible price for the parcel. Each negotiation will also include an initial discussion about the possibility of donation or bargain sale to the County. Prior to commencmg negotiations, TCF will deliver a written negotiation strategy memo to the County. The County's ·Authorized Representative will approve the negotiaticin strategy memo prior to TCF commencing negotiations on any parcel of land. TCF will notify the collllty when negotiations commence and terminate Oti each parcel. _Qualified TCF negotiators will conduct all negotiations. All information contained in the negotiation file will be available to the county at any time upon its request, provided that any confidentiality requirements established by law or other agreemetit are complied with. TCF will be compensated for negotiations tasks under this paragraph in accordance With paragraph 3.02. 1.04 Progress Reports, Records, Audit. (a) Progress Reports. TCF will provide the County with regular reports on the _ general status of the projects and parcels in process under this Agreement, and the results and status of ongoing negotiations. TCF will cooperate with the County's Authorized Representative in the development and generation of an agreed-upon reporting format for this purpose. TCF's Authorized Representative will attetid meetings of the LAAC as requested with prior notice from the County's Authorized Representative. · (b) Record and Audit. TCF will maintain all books, documents, files papers, accounting records and other records pertaining to the work performed under this Agreement, and will make such materials available at all reasonable times to the. County upon its request, during the term of this Agreement and for three years from the date of final payment by the County under this Agreement, for purposes of audit, inspection or copying for any reasonable purpose by the County. As part of this obligation, TCF will also maintain such property, personnel and financial records as are deemed necessary by the County to insure performance _and accountability for all funds expended under this Agreement. 1.05 · Confidentiality, Conflicts: TCF will maintain the confidentiality of all appraisals, • offers, and other documents and matters relating to negotiation and acquisition of lands to the · extent required by law. To the best ofTCF's knowledge, no employee, officer, or director of TCF, or any other person associated with TCF, including its Subcontractors, has any finan~ial interest in the land. to be acquired under this Agreement, and an affidavit so certifying with respect to individual, identified tracts will be made available upon the request of the County. 1.06 Acquisition Documents. TCF will obtain option contracts, or other appropriate purchase ·agreements; ata·stated, negotiated consideration; between the landowner and the . County, or other appropriate parties. Option contract forms, and all other forms of agreement will be reviewed and approved by the county. All final option and purchase agreements will be explicitly subject to the approval of the Board of County Collllllissioners, and landowners will be _ made aware that such agreements will not bind the County until such approval occurs. Once approved by the Board of County Collllllissioners, each option or purchase agreement will be the -property of the County, and the County may proceed to closing in accordance with such agreement. 3 . 23 1.07 Legal and Related Acquisition and Transfer Support. Throughout the. process of pre-acquisition, negotiation, contracting and closing, TCF will coordinate with and assist the Program staff and County legal staff as necessary to bring transactions to a successful conclusion. TCF will prepare option and purchase agreements in the course of negotiation, and will prepare other documents relating to the transaction at the request of County legal staff. County legal staff will have the responsibility of reviewing each Option or purchase agreement for compliance with law, County requirements, fotm and legality. County legal staff will also have closing responsibility; however, TCF will assist in these matters in all appropriate ways at the request of the County. TCF will provide coordination services for any transaction as to which property is to be ultimately assigned or transferred to a water management district or state agency. 1.08 Alternative Funding Sources. TCF will provide specific technical and other assistance to the County in obtaining and keeping matching or alternative sources of federal, state, water management district, regional, local government, or private funding for the · acquisition of environmentallands within the County. The County acknowledges and agrees that . acquisition under any alternative funding program may require compliance with other specific non-County policies, rules, laws or procedures, and that the county will cooperate as much as possible under County rule and law to meet those other requirements. In the event alternative or matching funding is to be sought, Program staff will in each instance take the lead in applying ·for such funding, and TCF will provide all reasonable assistance and cooperation in that effort. 1.09 Communications. TCF and its Subcontractors will assist the County in coordinating and focusing on appropriate communications with media, County Commissioners, County staff, environmental and other community organizations, landowners and other government agencies. TCF and the Subcontractors will be available to speak at public meetings and functions; arrange media events, draft press releases, and provide other needed communications services. It is expressly agreed that any such communication is subject to the prior approval by the County's Authorized Representative. 1. 10 Stewardship. TCF and its Subcontractors will develop conceptual stewardship/management plans for properties acquired or proposed fot acquisition. These plans shall include such topics as management cost estimates, fire management procedures, exotic species control, restoration, monitoring, research, endangered species management, volunteer program development, and procurement of outside funding for environmental lands .management. These conceptual plans shall also include recommendations for public access/passive recreation improvements compatible with• site .naturalresources; .initial development cost and annual maintenance cost estimates for such improvements; and funding source recommendations for such costs. Such services will be provided on an "as-needed," task order basis, and will be compensated as set forth in section 3.03. Any additional stewardship work will be accompanied by a description of the services needed, in a form sufficient to permit TCF. and its Subcontractors to fully cost such services and provide the County with a detailed commitment as to performance ofthose services at the cost described in the response. Within 40 .days after receipt of the task order response for such additional services, the County will either accept or reject tht'l cost estimate. If the County rejects the cost estimate, and TCF, the 4 24 Subcontractors and the County cannot reach agreement as the cost of such services within 20 days after such rejection, the County will be free to seek those services outside this Agreement. 1.11 Employees. TCF will hire all employees and manage all Subcontractors it needs to fulfill this Agreement, and will be solely responsible for ali matters relating to its employees, including compensation, benefits, compliance with applicable withholding and other laws. 1.12 Independent Contractor Relationship. This Agreement represents an independent contractor relationship between TCF and the County, and in no event shall it be construed to create an employment relationship, or an agency relationship, express or implied, between the parties. ARTICLE II INDIAN RNER COUNTY RESPONSIBILITIES 2.01 Designation of Sites. Processing and negotiations by TCF under this Agreement will be limited to parcels of real property for which the County has requested such action in writing, it being understood that the County may have identified from time to time a number of possible candidates for acquisition. The County will provide TCF with all relevant information as to parcels to be acquired, including but not limited to records of ownership, landowners addresses and telephone numbers, priorities, time schedules and other matters in the possession of the County. 2.02 :Appraisals. The County will cooperate with TCF in the drafting and approval of _ procedures and standards for appraisals for the Program land acquisitions. If the County elects in • any instance to obtain appraisals itself under Section 1.02 of this Agreement, the county shall · fu1fi11 all of its own requirements in regard to providing instructions, soliciting bids or proposals and the like, as well as meeting all the requirements of any other funding program which will or niay provide additional or matching funding for the project. Also, the County will perform a ·cursory review, or obtain a full professional review of appraisals, to ensure that they are consistent. with County procedures, standards and instruction, and that any assumptions are sound. The County will instruct the appraiser to submit a copy of the final appraisal to TCF, and the County.will supply a copy of the review to TCF. Where additional or matching funding has or may be obtained for the acquisition of a parcel, tCF and the County will coordinate the County's appraisal process with that of the participating agency to insure that applicable procedures and standards of the matching program are complied with. TCF will assist the ·County, ·at the County's request, with any-matter relating to the appraisal:process consistentwith this Agreement, and with the professional status of the individuals involved. 2.03 Multi-Party Agreements, Alternative Funding Sources. The County will provide TCF with copies of all multi-party acquisition agreements entered mto by the County with the State of Florida or other participating agency, if any. TCF will take such action as is necessary to have any existing agreements amended to add it as aparty. The county will retain sole_ responsibility as the applicant and proponent of County projects for additional, matching or _alternative funding sources. TCF will provide all reasonable technical assistance in this regard. · Also, at the request of the County in each instance, TCF will communicate and coordinate with 5 25 government agencies based in Tallahassee and Palatka in regard to specific projects proposed by the County. 2.04 Property Information. The County will provide TCF with copies of deeds, title information, tax information, aerial photo graphs, tax maps, tax cards and similar information for each parcel to be acquired. The County will also supply TCF with copies of the Resolution, the .Guide, County adinin.istrative. orders; procedures manuals and other similar docunlerits bearing in any way on TCF' s performance of its obligations under this Agreement. 2.05 Acquisition Process. The County will assign appropriate staff, including specifically a duly empowered Authorized Representative, and including legal staff, to assist and coordinate with TCP throughout the licquisition process. Such staff will be available for day-to day discussion, consultation and review ofnegotiations, contract, title, survey/mapping and hazardous waste issues, and other issues and documents, which present themselves in the process of acquisition. County staff will prepare and present agenda items necessary to receive consideration of each acquisition or other significant issue by the LAAC and the Board of County Commissioners. 2.06 Confidentiality, -Conflicts. The County will maintain the confidentiality of all appraisals, offers, and other docunlents and matters relating to negotiation and acquisition of lands to the extent required by law. This confidentiality requirement applies to each member of the County staff, and every other person associated with the County, who works on any -acquisition, or has knowledge of any appraisal, negotiation or other confidential matter, and each such person must sign a confidentiality pledge prior to receiving ·any such confidential information. ARTICLE III COMPENSATION TO TCP 3.01 Pre-acquisition Hourly Rate. TCP will be compensated for its services described in section 1.02 based on a rate of $110/hr. This compensation to TCP includes overhead expenses such· as telephone, copying, travel, office supplies and equipment 3.02 Negotiations. TCF will be compensated for its services described in section 1.03 based on a closing fee of 1 % of the closing price of each transaction. This fee will be payable to TCF out ofthe proceeds efthe closing-of each transaction. 3.03 Fees for Management Tasks. For work performed pursuant to Section 1.10, all management tasks will be committed, performed, invoiced and paid based upon individual task orders prepared by the County for each project. The cost for each conceptual management plan will be negotiated by the parties on a case-by-case basis. 3.04. Payment. TCP shall prepare and submit proper invoices for the costs incurred in section 1.02 to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. All payments for services shall be made to TCP by the County in 6' 26 ·accordance with the Local Gove11l1llent Prompt Payment Act (2005), Section 218.70, Florida Statutes, et seq. 3.05 Cost of Living Adjustment. The compensation paid to TCF pursuant to paragraphs 3.01 and 3.03 shall be adjusted annually during the term (as described in paragraph 4.01) based upon increases in the national Consumer Price Index-All Consumers (the "CPI") at the anniversary compared the CPI at time of the execution of this Agreement. TCF shall, upon .each anniversary, compute the adjustment and notify the County in writing. ARTICLE IV TERM 4.01 Tenn. Unless otherwise terminated in accordance with its provisions, this Agreement will remain in full force and effect for a period of three years from the date hereof. .However, nothing shall preclude the County and TCF from extending the term of this Agreement by mutual consent, for one year periods, based on the County's needs in completion of the Program, At the end of the three year initial term, and each year thereafter, the County will notify TCF of its desire, if any, to extend this Agreement for an additional year by written notice to TCF at least ninety (90) days prior to the end of the applicable term. TCF will then respond to the County within thirty (30) days after receipt of such notice. Each extension will be in writing. .ARTICLEV TERMINATION 5.01 Termination. Either party to this Agreement shall have the right to terminate it in the event ofa material default of any of its provisions and failure to cure such default to the ·satisfaction of the aggrieved party within thirty (3 0) days after notice describing the default in detail. In the event of such termination, neither party shall be liable for damages or costs if the failure to perform arises out of causes beyond the control and without the fault or negligence of the party in default. Any notice of default, which is later found to be materially incorrect, to the extent that a default did not actually occur, will be null and void. 5.02 In the event either the County orTCF is unable to proceed With this Agreement, due to matters ofpublic convenience or any other circumstances that either party determines impairs or interferes with the-performance of.its. duties and obligations under..this Agreement, that party may terminate the Agreement by written notice to the other party at least thirty (30) days prior to the effective date of such termination. If the County terminates the Agreement, TCF shall be entitled to receive, and the County shall pay to TCF, the preacquisition fees described in paragraph 3.01, the negotiation fees described in paragraph 3.02, and the conceptual steward,ship/nianagement plan fees described in paragraph 3.03 for any parcel for which it negotiated pursuant to paragraphs I .02, I. 03, and I. IO prior to the termination and to which it would otherwise have been entitled had the termination not occurred, notwithstanding the fact that the closing occurs after the termination. TCF shall also be entitled to any reimbursement for direct expenses paid by TCF pursuant to paragraph 1.02. In any case, the party terminating the 7 27 ·Agreement will at the other party's request, provide a written statement indicating that the termination was without fault and was for the convenience of the terminating party. ARTICLE VI INSURANCE, INDEMNIFICATION 6.01 Insurance. TCF will maintain the following insurance coverage throughout the performance of its acquisition services under this Agreement: (a) . Worker's compensation insurance for employees ofTCF, as required by law. Public liability insurance on a comprehensive basis in an amount no less than $300,000 combined .single limit per occurrence for bodily injury and property damage. (b) The County will be named as additional insured with respect to this coverage. ( c) Automobile liability insurance covering all owned, non-owned and hired vehicles used in connection with the work to be performed under this Agreement in an amount not less _than $300,000 per occurrence combined single limit for bodily injury and property damage. All such insurance required in this paragraph 6.01 will be with companies and on forms acceptable to the County, and shall provide coverage that may not be reduced or canceled unless ten (10) days written notice thereof is furnished to the County. Certificates of insurance ( and copies of policies, ifrequested) will be furnished to the County. ✓ 6.02 Indemnification. TCF shall indemnify and hold the County harmless from and against any and all claims, liability, losses and causes of action that may arise out of in ·connection with the wrongful or negligent willful acts or omissions of TCF in the performance of · this Agreement, and shall defend all suits, in the name of the County where applicable, and shall pay all costs and judgments which may issue therefrom, unless such claims are a result of the County's negligence or that of its officers or employees. Notwithstanding the preceding, TCF shall not be so liable for any hazardous waste or toxic substance clean-up costs or damages associated with a Program parcel or any other real property, provided the TCF will ll)llilediately notify the County of any knowledge or information it receives suggesting or evidencing presence .of a hazardous or toxic substance on any such lands. ARTICLE VII · MISCELLANEOUS 7.01 Assignment. TCF may not assign, pledge or otherwise encumber this Agreement, or any portion thereof, in any manner. 7.02 Authorized Representatives, Notices. (a) · Authorized Representatives. The parties agree that in order to facilitate the orderly and efficient iroplementation of the Program and the performance of the parties under this Agreement, each party will appoint an Authorized Representative for such party. The County's representative will have the authority to transmit instructions, receive information and notices, and interpret and define the County's policies and decisions pertinent to the work 8 28 covered by this Agreement. TCF's representative Will have the authority to act on behalf ofTCF ·in regard to all matters involvmg its performance Ullder this Agreement. The initial Authorized Representatives (until changed by further written notice to either party) shall be: Roland .DeBlois for the County, and Matthew Sexton for TCF, (b) Notices. Notices required or permitted to be given under this Agreement shall be in writing, may be delivered personally or by mail, facsimile, telex, cable, or courier, and shall be . deemed given when received by the addressee. Such notices shall be given to the Authorized Representative of the party, addressed as follows: Ifto the CoW1ty: Roland DeBlois Indian River County Environmental Planning Section 1840 25th Street Vero Beach, FL 32960 · Telephone: 772- 226-125 8 Fax: 772- 978-1806 Ifto TCF: Matthew Sexton The Conservation Fund 224 Datura Street, Suite 209 WestPalmBeach,FL 33401 Telephone: 561-832-7665 Fax: 561-832-8102 With a copy to: Pau!F.Hurt The Conservation Fund 1655 N. Ft. Myer Dr. · Suite 1300 Arlington, VA 22209 Telephone: 703-304-5372 Fax: 703-525-4610 Or such other address, telephone or fax number as either party may from time to time designate by written notice given to the other party. Notwithstanding the foregoing, notice given to the last • designated address·shall not be deemed.ineffective.due to a.change in address, or.the.failwe or refusal of the receiving party to accept delivery. 7.03 · Governing Law. This Agreement will be governed by, and construed in ·accordance with, the laws of the State ofFlorida. 7.04 Unenforceability. ·rrthis Agreement contains any provisions construed to be unenforceable or unlawful by a court of competent jurisdiction, it shall be deemed modified to conform to applicable law; or, if this would cause an illogical or unreasonable result, the 9 29 unenforceable provision shall be stricken from this Agreement without affecting the binding .force and effect of the Agreement or any of its other provisions. 7.05 Entire Agreement.· Thls Agreement contains the entire agreement of the parties as • to this subject matter, and incorporates all prior und_erstandings, whether oral or written. No revision or modification of this Agreement will be effective Ullless in writing signed by the parties. 7.06 No Waiver. Ally failure of a party to require strict compliance With any provision of this Agreement shall be construed as a waiver of such provision, and.the other party may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. . 7.07 Force Majeure. If a force rnajeure or "act of god" event occurs which causes delay or reasonable likelihood of delay in the performance ofthe requirements of this Agreement, TCF will promptly notify the County orally and will, within seven (7) calendar days, notify the County in writing of the anticipated length and cause of the delay, the measures to be taken to minimize it, and the timetable for those measures. The County will consider any -requested extension to the time for performance occasioned by a force rnajeure event, and will not unreasonably withhold such extension. A force majeure or "act of god" event Will be defined • as an act of war, blockade, public riot, lightning fire, flood, hurricane, windstorm, explosion, disruptive crime, failure to receive timely access, or any other event which was not and could not • have been reasonably foreseen by the parties, and which is not in the control ofTCF. 7.08 Equal Opportunity Employment. TCF agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement on the as is of race, ·color, religion, sex, age or national origin, and will take affirmative steps to comply With Executive Order No. 11246 entitle "Equal Employment Opportunity'' as amended by Executive Order No. 11375, and as supplemented by Department oflabor regulations (41 CFR, Part 60). 7 .09 Independent Contractor. It is specifically acknowledged and agreed by the parties · hereto that TCF is and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the services performed pursuant to this Agreement shall at all times; and in all places, be subjectto TCF s sole direction, supervision, and control, TCF shall exercise control over the means and manner in which TCF and its employees perform the Services, and in all respects TCF ·, s relationship and the relationship of its employees to the ·County·shall be·thatofanindependent-contractor performing.solely.under... the.terms of.the Agreement and not as employees, agents, or servants of the County. 7.10 · Public Records. TCF shall comply With the provisions of Chapter 119, Florida .Statutes (Public Records Law) as applicable in connection with this Agreement. 7 .11 · Counterparts. This Agreement may be executed in one or more counterparts, each • of which shall be deemed to be an original copy and all of which shall constitute but one and the· · same instrument. 10 30 .IN WITNESS WHEREOF, the parties have caused this Agreement to be duly ex~uted on the . · date.set forth.above. . INDIAN RIVER COUNTY BOARDOF COUNTY COMMISSIONERS .'• Attest: J. I(; Barton, Clerk By:~S✓~-- Thomas S. Lowther, Chairman Date BCC approved: .11-.15-05 APPROVED AS TO FORM LEGAL SUFFICIENCY MarianE:Fell, .. . Assistant County Attorney-. ., THE CONSERVATION FUND CHARITABLE TRUST· DATED OCTOBER 16, 1998, A8AMENDED . . . ~~,. . . . .· ... ,, - ····-~;;. , , : . ~v,;.;i..;d,;,; . . Date: .ri/oY/o.J~-- r . .. 11 . 31 AMENDMENT OF AGREEMENT FOR PR0]j'ES$IONAL.SERVlCESBETWEEN INDIAN RIVER COUNTY AND THE CONSERVATION FUND CHARITABLE TRUST (The ''Agreement") This Amendment, of the Agreement for Professional Services between Indian River County and The Conservation Fund Charitable Trust, dated November I 5, 20o'5, is made and agreed to as oftlie 2nd day of D2cerrber , 2008, by and between the parties to the Agreement, fiidian River County, a political subdivision ofthe State of Florida (the "County"), and The Cotiservation Fund as Trustee ofThe Conservation Fund Charitable Trust dated October 16, 1998, as atilended (TCF). The parties agree as fol fows: I. Hackgrolind and Considerations. The parties e11tered into an Agreement for Professiohal Services on Novembe1· 15, 2005, and both parties have been performing in accordance with it. In order to continue its environmeiltal land acquisition program, the Counzy has asked that TCF continue to provide professional services in accordance with the Agreement. 2. Amendment; Extension. The Agreement for Professional Services is hereby extended for one year, until November 15, 2009. Notwithstanding the language of Article IV, Section 4.0 I of the Agreement, the parties hereby agree to revive rhe Agreer11e11t nunc pro tune as thougJ,- it had not lapsed. In eve1y respect, this Amendment is to be construed and applied as though the paities had both signed it before November 15, 2008. All other.provisions of the Agreement shall remain in full force and effect. IN WITNESS WHBREOF, the part1es have caused this Extension to the Agreement to be duly executed on the date set forth above. IND[AN RIVER COUNTY, a political THE CONSERVATION FUND CHARITABLE TRUST subdivision of the State of Florida DA TED OCTOBER 16, 1998, AS AMENDED B~~~sley S. Davis , Chairman Board of County Commissioners Date signed: ~errber 2, 2008 ATTEST: J.K. Ba1ton, Clerk ~~'- %¼,~~~ (D;(uzy Clerk) APPROVED AS TO FORM E L SUFFICIENCY•~-:..--:~-. Senior Assistant County Attorney C:\Documents and SettingsVPompa.CONSERV ATIONFUN\Local Settings\Temporary Internet. Files\OLK9C\TCF contract extension document.doc 32 '2.b CONSENT AGEND~ i INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THRU: Christopher R. Mora, P.E. Public Works Director FROM: Robert Webb, Land Acquisition Speciali0 SUBJECT: 43rd Avenue, 12th Sh·eetl to 18th Street Road Improvements Temporary Construction Easement Acquisition 1586 43 rd Avenue Kevin Irby Parcel I.D. #33-39-10-00015-0010-00004.0 DATE: November 3, 2009 DESCRIPTION A 10 foot by 330 foot (3,300.0 sq. ft.) temporary construction easement located at 1586 43 rd A venue is required. The temporary construction easement will allow construction equipment and construction related activities for the 43 rd Avenue improvement project to proceed smoothly. . ~~- Kevin Irby, owner of the property, has agreed to grant the temporary construction easement ,;!pr ,the required land for the compensation of $1,518.00. This temporary construction easement will be applicable until the completion of the 43rd Avenue construction project. ALTERNATNES AND ANALYSIS 1. Approve the agreement for the use of the "Temporary Construction Easement" for the amount of$1,518. 2. Reject the terms of the Agreement and continue negotiations. F:\Engineering\Robert Webb\43rd ave .capital\43rd Ave\43rd Ave_Land Acquisition\Parcel I80_Irby Kevin M\irbybccmemoI00309.doc 33 Page:2 RECOMMENDATIONS Staff recommends Alternative No. 1 by which the Board of County Commissioners approves the $1,518 payment and authorizes the Chairman to execute the Agreement. Funds for this expenditure are budgeted as part of the 43 rd Avenue widening project- 12'h to 18th Street. District II Impact Fees (Account# 10215241-066510-01010) is the source of revenue. For Fiscal Year 2009-2010, $580,000.00 has been budgeted with $900 being expended so far this year. ATTACHMENTS 1. Two "originals" of the Purchase Agreement with (Exhibits "A"), 2. Temporary Construction Easement DISTRIBUTION 1) Chris Mora, P.E., Public Works Director 2) Michael Zito, Asst. County Administrator 3) Kevin Irby APPROVED AGENDA ITEM FOR: November 17, 2009 CONSENT BY~o,,ofb Mro.uJ Indian River Approved Date Conn Administration Bud et Legal Public Works Engineering Land Acquisition F:\Engineering\Robert Webb\43rd ave .capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 180_Irby Kevin M\irbybccmemol00309.doc 34 AGENDA COPY lRIGINAl AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT TIIlS AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT ("Agreement") is made and entered into as of the ___ day of~~~~-- 2009 by and between Kevin Irby ("Sellers") and Indian River County, a political subdivision of the State of Florida ("County"), who agree as follows: · 1. Agreement to Purchase Temporary Construction Easement. The Seller hereby agrees to grant \ to the County a temporary construction easement ("Easement") upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 1586 43rd Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing approximately 3,330.0 square feet (1 O' x 330.'). 2. Purchase Price, Effective Date, Term.. The purchase price (the "Purchase Price") for the shall be One-Thousand-Five-Hundred-Eighteen-Dollars & 00/100 ($1,518.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution ofthis Agreement, either by approval by the Indian River County Board of County Commissioners af a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. The term of this easement shall begin upon approval ofthis agreement by the Indian River Board of County Commissioners and will be in force from the date of commencement of the 43rd Avenue road project and expire 30 days after completion of the project. 3. Closing. 3 .1 The closing ofthe transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: 3.2 The Seller shall execute and deliver to the County a Temporary construction easement over the property described in Exhibit A. 3 .3 The County and Seller agree that the following personal property such as, fences landscaping material, irrigation and parking areas may be required to be removed. Indian River County shall replace or compensate for any improvements that are impacted and will deliver possession of the property to seller in the same or better condition than before the commencement of the project. 3.4 County shall pay the following expenses at Closing: 3 .4.1 The cost ofrecording the Easement and any Documentary Stamps required to be affixed to the Easement. 4.0 Miscellaneous. 4.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws ofthe State ofFlorida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 4.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties ofthis F:\Engineering\Robert Webblnotice to owner\irbyPurchase Agrepment.43rd.doc 35 Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 4.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 4.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 4.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service, as follows: If to Seller: Kevin Irby 292 Old Dixie Highway Vero Beach, Florida 32962 Ifto County: Indian River County 1801 27th Street, Vero Beach, FL 32960 Attn: Bob Webb Land Acquisition Either party may change the information above by giving written notice of such change as provided in this paragraph. 4.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 4.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 4.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 4.9. County Approval Required: This Agreement is subject to approval by Indian River County as set forth in paragraph 2. 4.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form ofrepresentative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to "this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section F:\Engineering\Robert Webb\notice to ownerlirbyPurchase Agr~ent43rd.doc 36 286.23 prior to approval ofthis Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3 )(a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as ofthe date first set forth above. SELLERS INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: ------ Date Signed; ______Date Signed; / O ~ ~ <2 9 J.K. Barton, Clerk By:______Deputy Clerk Date Signed:.______Ap:WiifZ7JiJS.mclmcy, _$J : County Attorney F:\Engineering\Robert Webb\notice to owner\irbyPurchase Agr<3ment.43rd.doc 37 TEMPORARYCONSTRUCTIQNEASEMENT Jl:ri.-w-. TE!\~ C~JNSTRUCTION Et-f,ElY.fEN!, made and executed ~ ~rJ.ay of A · , A.D., 200':J_ by Kevm M. Irby whose address 1s 292 Old Dixie Highway, Vero Beach Florida 33432 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1840 25fu Street, Vero Beach, Florida 32960, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and oilier consideration, receipt of which is hereby acknowledged, does hereby grant unto the . GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate mIndian River County, Florida, to-wit: EXIDBIT "A" ATTACHED HERETO AND MADE APART HEREOF This easement is for purposes of installation of a drainage structures, grading, sod and all work incidental to the project. This easement shall exist only until the completion of the· construction work for the 43 rd Avenue project, County Project No. 9601. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. · Witness Signature . Printed Name: ------ Witness Signature______Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Th~ foregoin · trument i"as :jl.Cknowledged before me this xJ~c..Ja4 r' 200"?,by. VIV\ [V-J>L onbehalfofs e, dhe /they/is/are personally known to me or prod ced r 1 ftte rs I as identification. ~.i:E~wamteiMuil'M> . ('. f ~ Commiss.ion # D0611983 ~ / Expires November 6, 2010 ~ 0F f\.l SVl!dlcl ft07 Fain - ~ ~ s.ao--.7019 38 Exbibit "A" West 10' Feet of the follovving described: Lots 4, 5, 6 and 71 Block 1, VALENCL.!l. PARK, according to the Plat thereof as recorded in Plat Book 1, Page 461 of the Public Records of Indian River County, Florida. Less and Except that certain property conveyed to Indian River County in Official Record Book 771, Page 1324, Public Records of Indian River County, Florida. The Less and Except portion conveyed to Indian River County is described: The West.10 feet of Lots 6 and 7, Block 1, and that portion of Lot 5, Block 1, lying Westerly of a line parallel with and 10 · feet Easterly of the tangential portion ofthe Westerly line.of said Lot 51 as said Lots and Block are designated and delineated on the Plat of Valencia Park filed in Plat Book 1, Page 46, of the Public Records of Indian River County, Florida. Tax I.D. #10-33-39-00006-0010-00004.0 39 CONSENT AGENDA INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: November 9, 2009 THROUGH: Jason E. Brown Director, Management & FROM: Calvin Kreigh, Risk Manager ~ SUBJECT: IRCBCC Subrogation Claim/ Reimbursement due to IRCBCC DESCRIPTION On or about 07.17.09 Jobear-Warden Construction Cos accidentally cut IRC Fiber Optic Cable on College Lane while excavating. Precision Contracting Services (PCS) completed Emergency Repairs for the County. PCS invoice 09-8510-6586 in the amount of$7,686.65 was paid in full by IRC ck# 24006 on 09/30/09. The County subsequently requested reimbursement for this expense from Jobear-Warden's insurance carrier, Continental Casualty North America (CNA). CNA has agreed with this subrogation request and will reimburse IRCBCC $7,686.65 upon receipt of a properly executed CNA Property Damage Release Form. RECOMMENDATION Staff recommends that the Board of County Commissioners approve and sign the CNA Property Damage Release Form enclosed and return to Risk Management for final collection. ATTACHMENTS Copy of PCS invoice# 09-8510-6586 @$7,686.65 Copy ofIRCBCC ck# 240063 eff 09/30/09 for $7,686.65 Original CNA Property Damage Release Form APPROVED AGENDA ITEM: Indian River County A Administrator Iosep County Administrator Risk Mana ement FOR: November 17 2009 40 UKll>INAL INVOIGE PRECISION CONTRACTING SE RV ICES, INC. FEID#: 59-3057681 15834 GUILD COURT JUPITER, FL 33478 D & B #: #78-199-9099 Phone (561) 743-9737 Fax (561) 743--0775 www.pcsfiber.com Customer. Indian River County ContacJ: Teny Smith Inv.#: 09-8510-6586 1801 27th Street, Bldg B Phone: 772-228-1318 Date: July 17, 2009 I Vero Beach, FL 32960 Fax: 772-226-1508 PCS#: 09-8510 /)" { PO#; TEL7-1-2009 i~ ~ . Cont#: l1Joll4 IK\.U Location: Emergency Fiber Repair at College Lane \,_,-,; Bi ,: Tenns: Net25 .., '\ ,t County: Indian River ~'\..-.,.,-·· IAcJivlty: FO Cabling System = Contract Total to Date Current Prevlif&= Item Descriotion Qt, Unit Unit$ Value QTY Total QTY Total QTY E~slon 633--2-110 Communication Cable lnsta1ler (Mob & Repair) 4 men x 1 holl'S (biRecf 6hrs in error Mninam 24 hr $ 85.00 $ 2,040.00 4 $ 340.00 -20 $ (1, 700,00) 24 $ _?,040.00 630-2-100 Comm Cable-Eleclronics Teclvlician (1 man x 1 hours) 7 hr $ 125.00 $ 875.00 1 $ 125.00 -6 $ (750.00) 7 $ 875.00 633-113-48 FO Gable48F, SM, LT,"UG (F & I) 808 W $ 1.75 $ 1,414.00 808 $ 1,414.00 0 $ - 808 $ ~,414.00 633-9 ... 8 FO Splice Closu,e 48F,Aerial/UG (F & Q 1 ea $ 2,950.00 $ 2,950.00 1 $ 2,950.00 0 $ - 1 $ -2,950.00 633-9-RE FO Closure Reentry Kit, Cable Prep (F&I) 1 ea $ 375.00 $ 375.00 1 $ 375.00 0 $ - 1 $ 375.00 Delectable Marking Tape or Tracer wire (F&I) 645 W $ 0.75 $ 483.75 645 $ 483.75 0 $ - 645 $LL 483.75 630-1-12-36 Conduil, 'r PVC@ 36" Machine Trench or 2nd pipe (F & II 22 W $ 4.95 $ 108.90 22 $ 108.90 0 $ - 22 $ 108.90 rUSlon ....,.ice nea .... nn ... <. , .... .,...,, , ....,, ....-+ 1:11 e,asung 633-ST-24 enclosure including drop, 54 W $ 35.00 $ 1,890.00 54 $ 1,890.00 0 $ - 54 $ 1,890.00 - $ 1U,1.1D,tifll $ t ,Dati,tiD s~ S 1u,1J1tt.ti:I Inv#: 09-8510-6586 CurrentAmountDue $7,686.65 Inv Date: July 17, 2009 LESS: Prtor Paymenls $0.00 PCS Job#: 09-8510 LESS:PriorAmountDue $0.00 NET CASH DUE PCS $7,686.65 Correction - Hours are for mob, setup, locations, demob ..• and does nto cover billed activity as well Note: r~[},_ rlCMII 1u: ' --··. ,_,_ .... _ ,, ....,. 15834 GUILD COURT ~x'v<.?, Jupiter, FL 33478 ~ Attn: Sara L. Boyd, Secretary ORIGINAL INVOICE Vendor Check Check Number Dete Number Board of County Commissioners 709 09/30/2009 240063 State of Florida - County of Indian River 1801 27th Street, Bldg A Vero Beach, Florida 32960 7,686.65 Pay "*'••7 ,686 DOLLARS AND 65 CENTS b~:.~~I PRECISION CONTRACTING SERVICES INC 15834 GUILD COURT ATTN: SARAH L BOYD SECfTREAS JUPITER FL 33478 Non-Negotiable File Copy 1 ·: 1·1nygJ~8 Dat~,'t; f:1iiYoice Ji~Mb.er . ~?.:~p.Q,. N~t: :: ! vQUCher~:~ • ·:. :.;-fw.t_; ·__ .:.;J,WoiCB.oj,.wfiP.tfQp'{ _q~_'·:. •. l!J~iii' lny)!ioe Ail)ou_ni 07/17/09 09-8510-6586 372384 FIBER REPAIR/COLLEGE LN 7,686.65 .·. Vand_QfNo. l."i:1· - .. . ,·.1 "':·: :Y~;,ilq,f~(ii• i-,:,¼$''~- ·' Sff,··... :; /: c~,iil!~o. ---~ ii . )i:D~;"t~ .~, · Cl)IICk:~in11,111lt ·,, 709 ~RECISION CONTRACTING SERVICES INC 240063 09/30/2009 7,686.65 P A l O SEP 3 0 incs P A I D SEP 3 0 LUUJ Property Damage Release Claim Number: E2595689 IE FOR AND IN CONSIDERATION of the payment to me/us at this time of the sum of seven thousand six hundred and eighty-six and 65/100 Dollars. ($7,686.65), the receipt of which is hereby acknowledged, I/we being lawful of age, do hereby release, acquit and forever discharge WARDEN CONSTRUCTION INC, , CONTINENTAL CASUALTY COMPANY, their agents and our employees and all other persons, firms and corporations who might be liable of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, on account of, or in any way of growing out of, any and all known and unknown property damage resulting or to result from accident that occurr~~on or about 07/01/2009 at or near F-"ORT PIERCE, Fi,.. C.,ll'f.fe L,.H.,,,. jl~ 8,.-.~,,n:::.__ __ I/we hereby declare and represent that .the property damage sustained is permanent and that recovery therefrom is uncertain and indefinite, and in making this release and agreement it is understood and agreed that I/we rely wholly upon my/our own judgment, belief and knowledge of the nature, extent and duration of said property damage, and that I/we have not been influenced to any extent whatever in making this release by any representations or statements regarding said property damage, or regarding any other matters, made by the persons, firms or corporations who are hereby released, or by any person or persons representing him or th_em. It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of WARDEN CONSTRUCTION INC, , CONTINENTAL CASUALTY COMPANY, their agents and/or employees by whom liability is expressly denied. I/we further agree that this release shall not be pleaded by me/us as a bar to any claim or suit. This release contains the ENTIRE AGREEMENT between the parties hereto, and terms of this release are contractual and not mere recital. I/we further state that I/we have carefully read the foregoing release and know the contents thereof, and I/we sign the same as my/our own free act. ______(Signature) CAUTION: READ BEFORE SIGNING ______(Signature) Date ______ ______(Signature) STATE OF______COUNTY OF______ This instrument was acknowledged before me on the ____ day of ______~ 20__ ~ by ______ Notary Public (SEAL) APPROVED AS TO FORM AND LEGAL SUFF CIENfX. NZ0308Fl BY /Jt4 WILLIAM G. COLLINS II COUNTY ATTORNEY 43 CONSENT AGENDA ~F INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Division of Facilities Management Date: November 9, 2009 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Thomas W. Frame, General Services Director~ c.J~ Subject: Mark's Mobil Under Ground Fuel Tanks GeoSyntec Consultants Work Order #22 BACKGROUND: With the recent purchase of Mark's Mobil Station, located at the comer of 43 rd Avenue and S.R. 60, Indian River County is now responsible for the removal of the existing underground storage tanks located on that site. These tanks consist of one twelve thousand (12,000) gallon underground fuel storage tank, two ten thousand (I 0,000) gallon underground fuel storage tanks and one one-thousand gallon underground storage tank used for waste oil. FDEP regulations require that these tanks be removed or foam in place no later than December 31, 2009. In anticipation of this deadline and avoiding the last minute rush of compliance, staff requested that GeoSyntec Consultants provide a proposal for the foaming of the tanks, along with required regulatory compliance. On August 10, 2004, the Solid Waste Disposal District on Indian River County approved a continuing consulting services contract with GeoSyntec to assist with design and permitting of landfill related work which includes monitoring well installation and groundwater sampling. Per this contract Geo Syntec has provided a proposal for the underground storage tank foaming in-place and closure. Three proposals from licensed petroleum contractors were received for the work, based on the scope or work issued by Geosyntec Consultants. The proposal includes project management and reporting. The table below reflects the cost as contained within Attachment B of the Work order attached: Labor Direct External Total Task Task Descriotion Hours Labor Exnenses Exoeuses Cost A Preliminary Activities 6 $ 622 $ IO $ 631 B UST Closure Field Activities 17 $1,408 $227 $14,477 $16,113 C UST Closure Reoort 7 $ 741 $ 46 $ 787 Subtotal 30 $2,771 $283 $14,477 $17,530 Contingency on Task B 20% $ 282 $ 45.40 $2,895.42 $ 3,223 TOTAL ESTIMATED COST INCLUDING CONTINGENCY $20,753 Funding for this expenditure is budgeted as part of the 43 rd Avenue Widening Project from 18 th Street to 261h Street (Acct #1015241-066120-0604!) Impact Fees District II and Optional Sales 44 CONSENT AGENDA Tax are the sources of revenue. For Fiscal year 2009-2010, $5.5 million has been budgeted for this project. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Order #22 with GeoSyntec Consultants, Inc. in the amount not to exceed $20,753 with a 20% contingency for unanticipated work that may be required during the closure activities and authorize the Chairman to execute the work after it is executed by GeoSyntec Consultants, Inc. Any use of contingency will be authorized by staff and reported to the Board as an informational item as soon after as practical. Approved Agenda Item Indian River Co. Approved Date For: ~ /1 /ltJd4/ 2 \ 45 6770 South Washington Avenue, Suite 3 GeosyntecD Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 consultants www.geosyntec.com 7 November 2009 Mr. Tom Frame General Services Director Indian River County 1800 27th Street Vero Beach, Florida 32960 Subject: Foam-Fill Underground Storage Tank Closure Marks Mobil 4310 20th Street Vero Beach, FL 32966-2202 FDEP Facility ID #31/8520214 Dear Mr. Frame: Please find attached Geosyntec Consultant's Work Order No. 22 and associated attachments (proposal which includes a schedule, cost summary, and three subcontractor quotes) for professional services associated with the performance of underground storage tank (UST) foam closure activities. Should you have any questions please do not hesitate to contact me. Sincerely, Jim Langenbach, P.E. Associate/Sr. Remediation Engineer XR09293/CCR09293.DOC 46 WORK ORDER NUMBER 22 This Work Order Number 22 is entered into as of this _ day of November, 2009 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 10, 2004 and amended July 24, 2007 (as so amended, the "Agreement"), by and between Indian River County Board of County Commissioners ("COUNTY") on the same terms as the existing Agreement, as extended, between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, ("DISTRICT") and Geosyntec, Inc., a Florida corporation ("CONSUL TANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Attachment A, 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 B, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the Schedule more particularly set forth in Attachment A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT GEOSYNTEC CONSULTANTS, INC. INDIAN RIVER COUNTY _,. ... j ' /{-() , i/ (\.•-;• R. \) By: _.c..l ...c·-_1 --',,-'--_._·_c:'·c__)._k._1/\ ______By: ---~--~------Thomas A Peel, Ph.D., Vice President Attest: J.K, Barton, Clerk of Court By: ------ Deputy Clerk iency: Indian River Co. Date Administration Legal Budget Department RiskMgt. 47 1 6770 South Washington Avenue, Suite 3 Geosyntec Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 consultants www.geosyntl!C.com ATTACHMENT A 7 November 2009 Mr. Tom Frame General Services Director Indian River County 1800 27th Street Vero Beach, Florida 32960 Subject: Professional Services Proposal Foam-Fill Underground Storage Tank Closure Marks Mobil 4310 20th Street Vero Beach, FL 32966-2202 FDEP Facility ID #31/8520214 Dear Mr. Frame: Geosyntec Consultants (Geosyntec) is pleased to submit this fee proposal to Indian River County (!RC) for professional services associated with the closure of one, 12,000 gallon steel underground storage tank (UST), two, 10,000 gallon steel USTs, and one, 1,000 gallon steel UST at the referenced Marks Mobil site. It is Geosyntec's understanding that the 12,000 gallon UST and one, 10,000 gallon UST have been used for the storage of unleaded gasoline, one, 10,000 gallon UST has been used for the storage of diesel fuel, and one, 1,000 gallon UST has been used for waste oil. The scope of work described below has been developed in accordance with Florida Department of Environmental Protection (FDEP) Storage Tank System Closure Assessment Requirements and Chapter 62-761, Florida Administrative Code (FAC). Based on Florida Statute 376.30716, sampling is not required prior to tank closure at sites that are eligible for the petroleum cleanup program. Since this site is eligible for petroleum cleanup program funding in the future, soil and groundwater sampling are not required prior to the UST closure activities and will not be included as part of this project scope of work. The proposed scope of work for the services required to close the USTs via foam filling has been broken down into three separate phases (Phases A through C) as described below. 48 Mr. Tom Frame Geosyntec t> 7 November 2009 consultants Page 2 Phase A - Preliminary Activities Phase A includes project management for the entire project, as well as all preliminary activities associated with securing project costs from subcontractors and preparing a Site-Specific Health and Safety Plan to cover the UST closure activities. Specific activities include: • Preparation ofan OSHA-required, Site-Specific Health and Safety Plan; • project planning and management responsibilities, subcontracting, invoice review, project coordination, and project administration; and • participating in on-site meetings and correspondence with IRC, IRC Department of Health, and Brevard County Natural Resources Management Office (administers petroleum cleanup program in IRC). Phase B - UST Closure Field Activities Phase B includes project activities associated with implementing the UST closure activities, including the following tasks: • Perform oversight and monitoring of activities associated with the proper foam-closure of the 12,000 gallon UST, two, 10,000-gallon USTs, and one, 1,000 gallon UST in accordance with Chapter 62-761, FAC. Tasks to be performed by Geosyntec's subcontractor will include the following: o properly remove and dispose of fuel dispensers and tank pumps at the !RC landfill; o remove any liquid residue/sludge within the USTs utilizing a vacuum truck (up to 8 hrs of vacuum truck time); o flush and cap all fuel lines; o prepare fuel storage tanks for foam closure; o fill all tanks and lines with foam; and o. properly dispose of all wastes (assumed at up to 1,000 gallons of petroleum contact water associated with UST cleaning). Three subcontractor quotes are attached. Please note that the two of the three foam fill subcontractor bids require the support of a licensed petroleum storage systems contractor (PSSC); accordingly, their costs have been combined with PR&D (Attached). Geosyntec XR09293/CCR09293.DOC 49 Mr. Tom Frame Geosyntec 1> 7 November 2009 consultants Page 3 received and reviewed three subcontractor bids, with base bid costs of$12,350 ($8,850 Southern Foam Insulation, Inc. plus $3,500 PR&D PSSC bid), $13,400 ($9,900 Perma-Fill Corporation plus $3,500 PR&D PSSC bid) and $17,800 (total estimate from Environmental Resources Management, Inc. [does not include vacuum truck time or liquids disposal, or any contingency costs]). Based upon the estimates submitted, Geosyntec will subcontract the lowest bidder, Southern Foam Insulation, Inc. in coordination with PR&D, to perform the UST closure services and will perform oversight of the subcontractor during field activities. In addition to the base costs above, Geosyntec has budgeted $1,450 for costs associated with vacuum truck extraction of residual fluids within the USTs, rinse fluids/contact water from the cleaning of the USTs and disposal of up to 1,000 gallons of petroleum contact water from the vacuum truck. · Due to the uncertainties associated with the UST closure projects, a 20 percent contingency has been added to Task element B. The contingency is in place to cover items such as costs for an increase in vacuum truck on site time, increases in petroleum-contact water disposal volumes, increases in project duration due to issues with the removal of the existing UST system pumps and dispenser system, etc. Geosyntec will notify !RC and secure approval of any field conditions that may require access to contingency fees. Geosyntec's proposal assumes two days of oversight for field activities associated with the UST closure activities. A breakdown of estimated project costs is included as Attachment B. Phase C - UST Closure Report Geosyntec will prepare a brief Tank Closure Report in accordance with Chapter 62-761, PAC and FDEP Storage Tank System Closure Requirements. Since no soil and/or groundwater sampling will be performed, the report will only provide a brief overview of the work completed and include a copy of the PSSC signed closure form. A breakdown of estimated project costs is included as Attachment B. ASSUMPTIONS The following assumptions were made in developing this fee proposal: • Geosyntec will not be responsible for the repair of paved surfaces damaged during UST closure activities. XR09293/CCR09293.DOC 50 Mr. Tom Frame Geosyntec t> 7 November 2009 consultants Page4 • No costs are provided for the removal of the overhead canopy or other structures on site. • The USTs will be drained of fuel by !RC (to the greatest extent feasible) prior to UST closure field activities. • The fuel dispensers, fuel pumps, and miscellaneous debris will be transported to the !RC Class I landfill for disposal. • No concrete work will be required to fill fuel dispenser sumps. • All site work can be performed in Level D personal protective equipment. SCHEDULE Geosyntec anticipates that upon approval from !RC, UST closure field activities will be initiated within four weeks. It is anticipated that the UST closure activities will require approximately two days. The final Tank Closure Report will be provided to IRC within two weeks of completion of field activities. ESTIMATED BUDGET The fee proposal is provided as Attachment B. The total estimated budget to complete to work described in the fee proposal is $20,753 (which includes the 20% contingency on Phase B costs). CLOSURE Geosyntec appreciates the opportunity to submit to !RC the attached fee proposal (Attachment B) for services at the site. If this proposal is acceptable to you, please indicate your agreement by signing the Work Authorization, which references this proposal. Please return one signed Work Authorization to Mr. Langenbach's attention. Please do not hesitate to contact me with any questions you may have as you review this fee proposal. Sincerely, Jim Langenbach, P.E. Associate/Engineer XR09293/CCR09293.DOC 51 SUBCONTRACTOR QUOTES 52 11/03/2009 12:15 4072935112 SOUTHERN FOAM INSULA PAGE 01/02 November 3, 2009 Geo Syntec Consultants 6770 S. Washington Ave., Ste #3 Titusville, FL 32780 Phone: 321.-269-5880 Fax: 321-269-5813 Attn: Kelsey McGinnis RE: UST- l-12K, 2-lOK, 1-JK- Vern Beach, FL SOUTHERN FOAM INSULATION, INC. proposes to furnish and install TANK FOAM™ at the below referencedjobsite for the following lump sum: 33,000 Gallons---·--·•·········-----·····--···------$ 8,580.00 Please Entc.r: Facility Name:------,,,....------::-...,..,----- Facility ID#______County______PO# ____ Physical Address ______ This price is lump sum for all labor and materials. This price is good for sixty - (60) da.ys from date of quote. Acceptance authorizes Southern Foam Insulation, Inc. to purchase materials to prepare for work. **PLEASE SIGN AND RETURN A COPY OF BOTH PAGES OF THIS PROPOSAL** This signed proposal is sub.ject to and shall include the proposal acceptance agreement. (Pg 1 of2) If you have any questions please feel free to cal.l. Respectfully submitted by: Proposal Accepted by: Signature ______:Micliae[:Jf. (Brown Title ______Micha.el H. Brown, President SOUTHERN FOAM INSULATION, INC. [email protected] Date ______Page 1 of 2 2593 Clark St., Suite /11.03, Apopka, FL 32703 • Phone: 407-293-8773 + Fax: 407-293-5112 + Toll Free: l-888·684-3626 53 11/03/2009 12:15 4072935112 SOUTHERN FOAM INSULA PAGE 02/02 So,uthern Foam Insulatio,n;. Inc. PROPOSAL, ACCEPTANCE AGREEMENT TO FOAM FILL UNDERGROUND STORAGE TANKS TO BE ABANDONED IN PLACE. A. Scope of work; 1. Foam has been approved by a number of states as an "inert solid material" suitable for UST closure in place. 2. The installation is accomplished by using existi11g fill poil1.ts, or manholes to fill the tank. 3. Foam is pumped into the tank a.t approximately 120 p.s.i,, the foamed materfol sets within IO to 30 seconds. 4. Control of the foam densi.ty is by bag weight test a11.d a liquid ratio test; these tests are preformed by our certified trained technicians. B. .Job site requirements: 1. Foam is installed after all residual petroleum products have been removed and the underground storage tank has been inspected and approved for foamed in place closure. 2. It is the ultimate responsibility of persons or the company that we are per.forming the tank closure for to assure that all state and. federal requirements fot tank closute have been complied with before we commence work. 3. SOUTHERN FOAM INSULATION, Inc. reserves the right to refuse to complete closure if all state and. federal requirements have not been completed or if job site conditions dictate. 4. After the installation of foam, our certified installers will clean up any excess materials that remain, pertaining to our work. C. Contract terms and conditions: 1. The terms and conditions of this agreement will become a part of the :final agreement. 2, Variations of this agreement must be stated in writing, and be agreeable to both parties. 3. Acceptance of:this proposal is tequired before work commences. Signed copy to be fa,xed back to SOUTHERN FOAM INSULATION, In.c, prior to work being scheduled. 4. We need 10 days lead-time to properly schedule work; if this is not possible then we will make every effol't to comply. 5. Southern Foam Insulation, Inc. wHI supply all submittals required, provide complete workers comp and liability with excess liability coverage. 6. Payment for completed work is to be made in full within 10 days from the date of the invoice. A 1.5% monthly interest rate is charged on overdue accounts. Per Florida Law, a lien release will be given after full payment is made. Should it become necessary to place this amount in the hands of ait attorney for collection, the buyer agrees to pay any and all costs of collection, in.eluding reasonable attorney fees whether or not a suit has been filed. based on unpaid balance. Purchaser: Signed by ______Date ______Page2 of2 2593 Clark St., Suite #108, Apopka, FL 32703 • Phone: 407-293-8773 • Fax: 407-293-5 I 12 • Toll Free: 1·888-684-3626 54 11/03/2009 15:37 4078309174 TAILORED FOAM OF FL PAGE 02/02 3900 st. Johns Pkwy Phone: (SOO) 755-ZI Sanford, FL 32771 Fax: r 407) 830-9 A Division of Tallored Foam of Florida, Inc November 3, 2009 Geosyntec Consultants PROPOSAL 6770 S. Washington Ave Ste 3 Titusville, FL 32780 Attn: Kelsey McGinnis Re: Vero Beach Mobil Oil Tanks Dear: Kelsey McGinnis We hereby propose to furnish and install PERMA-FILL FOAM tank fill at the project referenced above as per the following qualifications: A, JOB SITE RoQUIREMENTS: (1) The Tanks. must have bGen emptied, dega:s~ed, and cleaned, In accordance with all app11cabht Fedora!, State, and Local regulatiol'la:, (2) The tanks mm~t be dry. Norn,el condansatlon Is permitted. ($} Truck acce:ss IS raqu!red to within 1DD feet of the tank. (4) Me.t'lway ecceGs ie preferred. (S) i=i\l i11d vent lines wlll be cl oar for pre:i::r.ure rallraf. B. SCOPE OF WORK: {1) PERMA-FJLL can be. installed through the manway access, the fill lines, or the vent lines, (2) After lnst~Hation ~H opening$ will be sealed with concrete. The manw.ay cover w]n be re attached. C, CONTRACTS ANO COMMENCEMENT OF WORK: {1) The terms end eon(litions of \his proposal wl\1 bacome a part of this or :any other agreement. (2) Any variations to thi9 proposal mu$l be expres$ed in writing, and agraed upon by both partles. (3) The quoted price is valid for thirty (30) days from the date of thi~ proposal. (4) Written accaptanee of this proposal must be received by THE PERMA-FILL CORPORATION prior to commencemeot of work. (5) PERMA.. PILL requires a minimum of seven (7) days lead time for scheduling purposes.{6} The customer will provide e site pla.n showing the size and loe3tlon of the tanks, along with directions to the sits, and an on site contact name and phone number, (7) AH necessary permits are to be secured ul1d paid for by others. (8-) One.ea schedule has bean determined and agreed upon, THE PERMA-FILL CORPOAATION will pertorm in an efficient wol1 D, PAYMENT: (1} THE PERMA•FILL CORPORATION (a division of Tailored foam) is a national distributor/installer for PERMA~FILL FOAM. Our payment tenns are Net 30 DAYS from date of invoice. tf payment has not been received within the specified time frame, THE PERMA FILL CORPORATION will e,sereise it rlght9 under applicable State Law. THE PERMA•FILL CORPORATION proposes to furnish and install PERMA~FlLL FOAM as ouUineid In I.hi$ proposa~ on lhe above referenced project for the followlng lump sum amount Veno Boa.ch Mobil OU Tanks: Nine Thousand Nine HL1ndred Dolla1'9 ($9,!:J00,00) Based on 1 -12.000, 2-10,000 & 1 - 1,000 gallon~(33,00D) The quoted price is only for the quantltie~ and conditions as oufllned In this proposal. If quantities or conditions change, our prk;;ing is ~ubjeet to change. If you are in agreement with this proposal, please sign and ratum one copy. This Proposal I'S Subject To Cred:il Approval By The Penna-Fill Corporation Slncerely, ~ Aceepted: Gqz;;: 1), ~~ -K-,1-s-oy-M-cG_l_n-nl-,------VICE-PRESIDENT G9osyntec Coosutta:nt$ THE PERMA•FILL CORPORATION 55 PETROLEUM RESOURCES & DEVELOPMENT, INC. Sales Office: 2460 N. Courtenay Pkwy, Suite 112 Merritt Island, Florida 32953 TEL: (321) 986-6026 FAX: (321) 986-6036 November 3, 2009 Geosyntec PR&D Quote# 1540B-09 Jim Langenbach 6770 S Washington Ave# 3 Titusville, FL 32780 RE: Mark's Mobil Vero Beach, Fl PR&D proposes the following cost and based on the specifications supplied: Mob & labor to prep the tank for fuel removal & foaming @ 3,500.00 Vac truck per hour@ 125.00. Water/fuel in tank@ 0.45 per gallon. Submit the FDEP removal form to the State & County, No Charge. PO#______ BY______DATE ___ Geosyntec BY .Yt'&uwtfv 8JJ. f/adtwu:f,- DATE 11-3-09 Petroleum Resources & Development, Inc. www.prdincorporated.com 56 September 23, 2009 Mr. Tom Frame General Services Director Indian River County 1800 27'h Street Vero Beach, Florida 33960 RE: Foam-Fill Tank Closure & LTCAR Proposal Marks Mobil 4310 20 th Street, Vero Beach, Florida 32966-2202 FDEP Facility ID #31/8520214 ERMI File No. E2328A Dear Mr. Frame: Environmental Risk Management, Inc. (ERM!) is pleased to present this proposal for underground storage tank (UST) closure services at the above referenced property. As required, a limited tank closure assessment report (L TCAR) will be completed for submittal to the FDEP. PROPOSED SCOPE OF WORK ERMI will notify site and government officials prior to initiating the on-site activities. This proposal will provide the services necessary to permanently close the following underground storage tanks (USTs) using the State of Florida approved foam-fill method: • One, 12,000-gallon unleaded gasoline UST installed in 1988 • One, 10,000-gallon unleaded gasoline UST installed in 1988 • One, 10,000-gallon diesel fuel UST installed in 1988 • One, 1,000-gallon waste oil UST installed in 1988 Please note that the tank work is required to be conducted by a State of Florida Licensed Tank Contractor and can not be performed by a concrete or construction contractor. Petrogan Holdings, Inc. (License #PCC056682) will be responsible for all physical and construction related activities associated with the tank closure. These services include pe1mitting, pumping the remaining fluids from the tank using a vacuum truck, flushing and capping the fuel lines, removal of the fuel dispensers, preparing the fuel storage system for foam closure, filling of tanks and lines with foam, disposal of wastes, and completing FDEP forms. ERM] will prepare a LTCAR in accordance with the Closure Assessment guidelines, to document the tank removal procedures and to provide compliance with State of Florida environmental tank closure protocols. The LTCAR will be certified by a Licensed State of'Florida Professional Geologist. Headquarters .., 12401 Brantley Commons Court Suite 101 ,., Fort Myers, Florida 33907 1-888-ENV-MGMT (1-888-368-6468) , Fax 1-888-368-6329 J www.ermi.net 57 Indian River County- Marks Mobil Site, Vero Be,tch, Fl September 23, 2009 Foam-Fill Tank Closure & LTCAR Proposal Page 2 of4 The FDEP allows tank closure to be performed without sampling at sites that are eligible for the cleanup program, based on Florida Statute 376.30716. The FDEP FIRST Cover Page Report researched by ERM! in the preparation of this proposal states that the site is eligible for the cleanup program. Due to the nature of the closure and the referenced statute, ERM] will not be sampling soil or groundwater as part of this project. As stated above, foam-fill closure is a DEP approved method of tank closure and we are not aware of any local ordinance prohibiting foam fill closures at the subject property. If the local government permitting authority does not approve the required petmit for this project, which is not anticipated, then ERM! will return the deposit, and the foam fill contract will be null and void. QUALITY ASSURANCE AND QUALITY CONTROL The environmental sampling and reporting scope of services must be designed and conducted under the snpervision of a licensed State of Florida Professional Geologist or Engineer. ERM! is a Licensed Engineering Firm (#00008700), Licensed Geology Business (#GB000367), and FDEP Petroleum Cleanup Contractor (#00542). ERM! adheres to quality assurance guidelines outlined in Florida Administrative Code (FAC) Rule 62-160 and Florida Department of Environmental Protection Standard Operating Procedures. SPECIFIC EXCLUSIONS TO THIS CONTRACT The following items are not included within this cost proposal. If these services are deemed necessary, additional costs will apply: A. Removal and disposal of any contaminated soil or groundwater, if encountered. B. Asphalt and/or concrete re-surfacing, with the exception of the 4-inch diameter boreholes installed sun-ounding the UST farm. C. Electrical generator, if on-site electrical power is not provided. D. Mobile water tank, if on-site water is not provided by the owner. E. Damage to utilities or any underground materials. UTILITIES & SITE SAFETY This project includes intrusive investigation services. On any such project, the possibility exists for damage to an underground utility line or other subterranean structure during the course of the investigation. ERM! requests the use of a reliable site survey when determining sample locations. ERM! requests that the property owner provide notice of any subterranean materials in the area of proposed intrusive activity. ERMI requests the use of any site plans that may be available to assist with locating subten-anean mateiials prior to intrusive testing. ERM! will rely on these documents and will plot our sample locations based on the open spaces identified in the surveys. If this infonnation is not provided prior to or concun-ent Enviro11111e11tal Risk ,11,,Ja,iagement, l11c, ERM! File No. E2328A 58 flldian River Cowrty-Marks Mobil Site, Vero Bead,, FL September 23, 2009 Fo,1m-Fitl Tank Closure & LTCAR Proposal Page3of4 with authorization for professional services, ERM! will not be responsible for damages associated with the intrusive services. The property owner or authorized agent for the owner will make all decisions impacting the subject property. ERM! site responsibilities will be limited solely to the environmental activities of ERM! and ERM! employees on site. These responsibilities shall not be inferred by any party to mean that ERM! has the responsibility for the safety of any person not employed by ERM!. FEE PROPOSAL: $17,800.00 ERM! proposes to complete the scope of work, as described above, for a lump sum fee of $17,800.00 (not including liquid/sludge disposal fees, if applicable) according to the attached Terms and Conditions document dated March l, 2009, which is made a part of this agreement as if fully contained herein. Liquid product and petroleum contact water disposal will be invoiced to you at an additional cost of $0.43/gallon and Sludge disposal, if necessary, at an additional cost of$0.99/gallon. Whenever initial assessment activities are performed, field data and/or FDEP requirements may indicate the need for additional assessment or remedial activities. FDEP review comments may need to be addressed. Such activities would represent additional services. Hand augering will be used to access soil around the tank for sampling purposes. While not expected, if geologic refusal is encountered, truck mounted drilling equipment may be necessary to obtain the samples necessary for environmental compliance. ERM! trusts that this proposal is responsive to your needs. If acceptable, please so indicate by signing and returning one copy of this proposal, receipt of which will constitute our notice to proceed. Sincerely, ENVJRONME:\'TAL RISK MANAGEMENT, INC. Steve Hilfiker, MS, LEP President E11viro11me11rnf Risk .~ta11ageme11t, /11c. ERM/ File No. E2328A 59 btdia11 River County- Marks /ttlobil Site, Vero Beach, FL September 23, 2009 Foam-Fill Tauk Closure & LTCAR Proposal Page4 o/4 PROPOSAL ACCEPTANCE I HEREBY CERTIFY that I am the Owner of, Agent for the Owner of, have a valid "Contract to Purchase" with the Owner of, have a valid Lease with the Owner of, the prope1iy which is the subject of this Proposal. I hereby certify (if not the Owner) that I have notified the Owner and have authority from the Owner to engage this agreement. 1 hereby authorize the performance of the services as set forth in this Proposal, and agree to pay the lump sum fee described on the prior page (not including liquid/sludge disposal fees, if applicable, as described above) as follows: • __ (please initial) A retainage fee of $6,000 is required at the time of providing us with fom1al authorization for us to proceed with this proposed work. • __ (please initial) An interim payment of S 10,000 will be required upon completion of the field activities and prior to demobilization from the site. • __ (please initial) The final payment balance of $1,800 (plus any liquid/sludge disposal fees, if applicable) will be required upon completion of the fu1al report. • __ (please initial) Compliance with FAC Chapter 62-761 is not achieved until approval of the report. I also acknowledge that I have read, understand and agree to the terms and conditions set fo1th in this Proposal, or attached thereto. I wmrnnt and represent that I am authorized to enter into this agreement and agree to be personally responsible for the payment of the proposed fees. This proposal will become null and void if not accepted in 30 days. This Proposal is accepted this ___ day of ______, 2009. By: Authorized Represellfative Client: ______Printed Name, Title, Company Nmne Enclosures: Tenns and Conditions Limitations of Intrusive Investigation En viro111ne11tal Risk A-fa1wgement, Jue. ERM! File No. E2328A 60 ENVIRONYIENTAL RISK !VIANAGEMENT, INC. Licensed Engineering and Geology Firm· Assessment & Remediation Consultants TERMS AND CONDITIONS March 1, 2009 By authorizing this contract, the client agrees to the following: Payment: Final payment is due upon completion of the final project report and will be required prior to release of the report unless other written arrangements are made. If payment terms are extended beyond the project due date, the client agrees to carefully re.ad the invoices and promptly notify us, in writing, of any claimed errors or discrepancies within 15 days after the date of the invoice. If we do not receive such notice, it is presumed that you agree with the accuracy and fairness of the invoice. Invoices shall be considered past due if not paid within 30 days after the invoice date. Late payment charges of 1.5% per month of the balance due on the account shall be applied on all past due invoice. If any portion of an account is unpaid 90 days after the invoice date, the client shall pay the cost of collection, including reasonable attorney's fees. Hidden Conditions: A structural condition is hidden if concealed by existing finishes or is not ascertainable by reasonable visual observation. For example, an unregistered underground storage tank with no visual evidence to indicate its existence is a hidden condition. Similarly, soil or groundwater contamination existing in an untested location, with no reasonable visual, regulatory, or historical evidence to indicate its existence is a hidden condition. Provided ERMI conforms to the Standard of Care as outlined below and the Scope of Work defined in the Contract Agreement, ERM! will not be responsible for any liability associated with hidden conditions. Standard of Care: ERMI represents that the services performed in this project will confonn to the standard of care, skill, and diligence exercised by other similar professionals performing the same or similar services in the area. ERMI will render qualified opinions pertaining to the objectives of this project, based on data obtained in the investigation. An assessment of this nature does not include any guaranty regarding the conclusions of the final report because even the most diligent investigation has limitations. Reliance and Use of Reports: The party(ies) to whom the report is certified is entitled to rely on the infonnation presented in the final report. No other parties are entitled to rely on the report unless additional written arrangements are made. If a successor or assignee of the client, or another third party, requests the ability to rely on the report, the party must agree to the tenns and conditions of this contract agreement. Reliance is contingent upon unconditional acceptance of the terms and conditions and on the limitations expressed in the final report. Additional charges may apply tor reliance leners. ERMI will provide one original and one copy of the final report to the client unless otherwise specified in the Scope of Work section of the agreement. Additional charges may apply if the client desires additional copies of the final report. Site- Safety: ER!\.11's site responsibilities are limited solely to the activities of ER.Ml. These responsibilities shaJI not be inferred to mean that ERM[ has responsibility for the safety of any person not employed by ERMI. Termination of Services: The result of any financing or real estate transaction will not effect payments due. If the client desires to tenuinate this agreement for any reason, and ERM! has rendered professional services toward completion of the project, a fee of $900.00, or fees on a time and materials basis. will be charged, whichever is greater. The termination notice must be submitted in writing to the project manager. fndemnifications: ERMI agrees to indemnify the client from liability caused by ERM! negligence arising from the services provided by ERMI in this project. Client agrees to indemnify ERMI from liability caused by the client, the property owner, or the f~cility operator at the subject property, and to indemnify ER.iVH from liability or losses associated wilh real estate transactions or financing. Mediation: In an effort to resolve any conflicts that may arise from this project, client and ERMI agree that ,ill disputes shall be submitted to non~binding mediation, unless the parties mutually agree otherwise. Applicable Law: This agreement shall be governed by the laws of Florida, and venue of any proceedings shall lie exclusively in Lee County Florida. Attornev's Fees: In connection with any litigation that may arise from this project, the prevailing party shall be entitled to recover re~sonable attorney's fees from the other party. Headquarters ,12401 Brantley Commons Court Suite 101 , Fort Myers, Florida 33907 1-888-ENV-MGMT (1-888-368-6468), Fax 1-888-368-6329, www.ermi.net 61 LIMITATIONS OF INTRUSIVE INVESTIGATION The proposal for an environmental assessment repon will be limited to the investigation of potential petroleum impact to the subject property. Additional environmental services including but not limited to: asbestos containing materials, radon, hazardous waste, lead-based paint, lead in drinking water, hazardous substances as defined in CERCLA, wetlands, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, and high voltage power lines are not included in this report. Other conditions may exist at the site. The investigation is limited to the scope of work defined in the contract agreement for this project. The recommendations, judgments, and conclusions disclosed in the final report will be based on the data collected, the work performed, and the best of our knowledge. ERM! represents that all services performed in this investigation will be guided by professional standards current as of the date of this repon. Infonnation provided to ERM! for this assessment is considered to be reliable but not guaranteed. Samples will be taken from areas where a likely, or high probability of risk for contamination exists. These locations are generally under or adjacent to the specific object of concern. Items of concern may not have always existed at one location. Items of concern may have been moved from time to time. Contamination may exist in untested locations. Further investigation could be done to gain additional security regarding the potential for environmental tisk. ERM! warrants that its services are performed, within the limits prescribed by its clients, with the usual thoroughness and competence of its professional services; in accordance with the standard for consulting services at the time those services are rendered. No other warranty or representation, whether expressed or implied, is included or intended in its proposals, contracts, or reports. ERM! liability shall be limited to injury or property damage caused by the negligence of ERM!. ERM! has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by such substances or conditions. No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this work is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property. Possession of the final report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the pa11y to whom it is addressed without written consent of ERMI. It is intended to be used in its entirety. Neither all nor·any part of the content of this report, or copy thereot; shall be conveyed to the public through advertising, public relations, news, sales, or any other media without written consent and approval of ERM!. Acceptance of and/or use of the assessment constitute acceptance of all provisions and limitations stated in the final report. Headquarters ,12401 Brantley Commons Court Suite 101 , Fort Myers, Florida 33907 1-888-ENV-MGMT (1-888-368-6468), Fax 1-888-368-6329, www.ermi.net 62 CV') (0 Geosyntec Consultants ATTACHMENT B Table I Summary of Estimated Costs Indian River County Marks Mobil UST Closure and Reporting Labor Direct External Task Task Description Hours Labor Expenses Expenses Total Cost A Preliminary Activities 6 $622 $10 $631 B UST Closure Field Activities 17 $1,408 $227 $14,477 $16,113 C UST Closure Report 7 $741 $46 $787 Subtotal 30 $2,771 $283 $14,477 $17,530 Contingency on Task B 20% $282 $45.40 $2,895.42 $3,223 TOTAL ESTIMATED COST INCLUDING CONTINGENCY $20,753 Notes: I. Labor cost includes 3% communications fee applied to labor subtotal. 2. Contingency costs are intended to cover potential disposal of petroleum contact water in excess of 1,000 gallons and/or over 8 hrs ofvac trm No contingency work will be completed without prior fRC approval. Page I of I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direc~tor~ AND Christopher J. Kafer, Jr., P.E., County Engine FROM: Michael O'Brien, P.S.M., C.F.M., County Surveyor/l)Clj}l SUBJECT: Work Order No. 12 {Engineering/Surveying) Masteller, Moler, Reed and Taylor, Inc. - Full and Final Pay 66th Avenue Roadway Improvements ROW Acquisitions, 53rd Street Boundary Survey Lewis Parcel No. 168 IRC Project No. 0545 Continuing Professional Surveying & Mapping/GIS Services Contract 0725 DATE: November 5, 2009 CONSENT AGENDA DESCRIPTION AND CONDITIONS On September 22, 2009, the Board of County Commissioners approved Work Order No. 12 with Masteller, Moler, Reed and Taylor, Inc. for a full boundary and location survey for the proposed acquisition of 50' additional Right-of-Way along the north side of 53r<1 Street fronting the Lewis parcel, 6420 53r<1 Street for a lump sum fee of $3,215. Masteller, Moler, Reed and Taylor, Inc. has completed the services and has submitted Invoice 2982- 8586, dated October 30, 2009 in the amount of $3,215.00 for full and final payment. RECOMMENDATION Staff recommends payment of Masteller, Moler, Reed and Taylor, Inc. Invoice No. 2982-8586, dated October 30, 2009 in the amount of $3,215.00. Funding for this project in the lump sum amount of $3,215.00 is budgeted and available through the Traffic Impact Fees, District 2 Account No. 10215241- 066120-06040 Right of Way/66th Avenue/SR 60 to 59th Street. ATTACHMENTS Masteller, Moler, Reed and Taylor, Inc. Invoice No. 2982-8586, dated October 30, 2009. DISTRIBUTION 1. Dave Taylor, P.S.M., Masteller, Moler, Reed and Taylor, Inc. 2. Arjuna Weragoda, P.E., Project Engineer 3. David Silon, P.S.M., C.F.M., Assistant County Surveyor APPROVED AGENDA ITEM FOR November 17. 2009 Indian River Cou e•ph .idib,_;/ Administration "'j' Bu et L I Risk Man ament Public Works Engineering 64 Masteller, Moler, Reed & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-06J5:} ~ 0 ~ 0\\/7~ '[Y e-mail: dt5243@bellso~ ~ LS 'v LS~ NOV - 3 2009 INDIAN RIVER COUNTY ENGINEERING DIVISION REC'D BY: 1-/Kn.' , Invoice • (I I • To: Indian River County Invoice #: 2982-8586 Mr. Michael O'Brien APPROVED BY THE INDIAN lUVl1R Date: 10/30/2009 1801 27th Street couNTYSURVBYOR ProjectlD: 6425 Vero Beach, FL 32960 DATE: 1' - 4- - C>"\ Terms: Net 30 Days INITIAL: /,?fo,g, G,b"-'-' c "-c..c_. >-JO, CJt'.'.,.. \OOc--r ,z_~ \6Z.\5Z.4\-000\W-OGCl£1D Job Description: 0 ,--, - \ - e.oLO G,(bA..'-J.;: t'VU-_ i;;:\N-A--1._ ~~o__ $12..JcD tD ~,\.\ Professional surveying services rendered to perform a boundary survey on the Lewis property located at 6420 53rd Street in support of the 66th Avenue Right of Way Acquisition - Indian River County Project# 0545 per Work Order #12E per IRC Continuing Services Contract# 0725. • Contract Amount: $3,215.00@ 100% Complete ...... $3,215.00 Total Amount Due...... $3,215.00 Make Checks Payable to Masteller, Moler, Reed & Taylor, Inc. 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. All payments are due upon rec,;,ij)t 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 completed or suspended by either party. Accounts past 45 days will be subject to lien, unless other arrangements were made at time Contract was signed. (See Contract Standard Conditions) Created < TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P .E., Public Works Director ~ AND Christopher J. Kafer, Jr., P.E., County Engine~~ FROM: Michael D. Nixon, P .E., Roadway Production ~ger,@41' SUBJECT: Renewal of Professional Geotechnical Services Agreement 2009-2010 DATE: October 29, 2009 CONSENT DESCRIPTION AND CONDITIONS On November 18, 2008, the Board of County Commissioners approved one-year agreements (on an annual renewable basis for a total of four years) for the following Professional Geotechnical firms to provide various geotechnical services for projects in Indian River County: Ardaman & Associates, Inc. Port St. Lucie, Florida Dunkelberger Engineering & Testing, Inc. Port St. Lucie, Florida AM Engineering and Testing, Inc. Port St. Lucie, Florida Universal Engineering Services Rockledge, Florida These firms have signed and returned the annual renewal agreement, along with hourly rates effective for one year. The agreements are effective November 19, 2009 to November 18, 2010. The agreements are renewable for two additional one-year terms, with the consent of both the County and tbe Engineering firm and a revised hourly rate schedule for tbe subsequent year. Please note that all firms have kept the originally approved fees. RECOMMENDATIONS Staff recommends approval of the agreements, and requests tbe Board authorize tbe Chairman to sign tbe agreements. Indian River Coun ATTACHMENTS 1. Agreements (4) 2. Schedules of Fees Bu t Le DISTRIBUTION RiskMan ent Public Works 1. Jason Brown, Director, Management & Budget 2. Jerry Davis, Manager, Purchasing Engineering APPROVED AGENDA ITEM 66 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Ardaman & Associates, Inc. for Professional Geotechnical Services from November 19, 2009 to November 18, 2010. All provisions of the original agreement, approved November 18, 2009 shall remain in full force and effect. The fee schedule for November 19, 2009 through November 18, 2010 shall remain in effect from November 19, 2009 through November 18, 2010 as stated in "Exhibit A" (attached). ARDA,l\1A.."< & ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA TI E: __B~--f~~~-L_k_.,u_, ~_~_,.,er,__-_·, __ •· _· ___ {r Approved byBCC _____ Attest:------,JlitlL_·t_,Qj)j} Jeffrey K. Barton, Clerk of Circuit Court {;J ·William G. Collins, II, County Attorney Approved as to Form and Legal Sufficiency C:\Documents and Sellings'dan.zral!ack\Local Setting:,·Ternpornry Internet Files"•Content.Outlonk·ONC/7LJT0\~rdaman Geolechnicul SerYice~ Contract Rene\\"lll 2009 ~ 2010.doc 67 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICALAND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) SITE PREPARATION PROCEDURES INSPECTION, SAMPLING AND TESTING SERVICES Monitoring of the removal of deleterious soils or materials Inspection of placement and compaction of fill material. Penetrometer tests. Sampling of natural or fill material Inspection of borrow areas. Engineering technician $44.00/hour Senior engineering technician $52.00/hour Denslty Tests: In-situ density tests, nuclear or drive sleeve method (minimum of four per trip} $22 .00/test Sampling of natural or fill material for laboratory testing; Engineering technician $44.00/hour ASPHALT: FIELD INSPECTION, SAMPLING AND LABORATORY TESTING Engineering technician time for field sampling $44.00/hour Coring: Mobilization of coring equipment: With power supplied $125.00/trip Without power supplied $100.00/trip Certified engineering technician to inspect preparation of base course/surface installation or plant control $65.00/hour Asphalt mix designs $550.00/design Marshall Stability and Flow Test (Includes pill densities) $95.00/test Extraction and gradation tests (sampled hot) $95.00/test Extraction and gradation tests (sampled from pavement) $135.00/test Density tests $22.00/test Depth measurements $8.00/test STRUCTURAL STEEL: Field inspection for visual examination of welds, ultrasonic testing, dye penetrant, magnetic particle, etc. Metals technician $52.00/hour (Equipment charge determined by project) OVERTIME AND HOLIDAY Charges will be increased 50% for work performed during weekends and official holidays. SUB-CONTRACTING SERVICES Cost Plus 12% Ardaman & Associates, Inc. 68 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) CONCRETE SAMPLING AND TESTING Cylinder samples (up to 4 cylinders per set): molding curing, and strength testing (ASTM C-31 and C-39). Cylinders shall be left in a place provided by the Contractor, covered with plastic caps and attempts made to provide shade thereon. If temperature of the air is critical to first 24 hours {during field curing}, equipment to maintain such controls shall be provided by others. $80.00/set Additional cylinders $15.00/cylinder Technician time due to construction delays in excess of 1.0 hour on-site on the date cylinders are made $44.00/hour Technician time transporting cylinders from site to. office if no other work is required $44.00/hour Curing and strength testing samples delivered to our laboratory (ASTM C-39) $15.00/cylinder Continuous monitoring of concrete placement and/or extra slump and temperature tests, technician time $44.00/hour Slump tests (ASTM C-143) $15.00/test Air Entrainment (ASTM C-173) $30.00/test Unit weight $35.00/test Yield tests $35.00/test Verification of mix design $225.00/each Fineness modules $44.00/each Plant control $44.00/hour Concrete blocks. Strength tests (detenmined by gross area) $30.00/block Concrete blocks. Absorption and strength tests (net area) $125.00/set of 3 Block Prism Assembly $220.00/set of 3 Flexural Strength Beams (up to 3 beams) $30.00 each additional beam $150.00/set of 3 Test beams made by others $50.00/each Grout Prisms 3/set (blocks supplied by others) $75.00/set Marsh Funnel Viscosity $35.00/test SAMPLING AND TESTING OF IN-PLACE CONCRETE/SOIL CEMENT Coring and testing of cored samples: Technician time (two technicians may be required) $44.00/hour Mobilization of coring equipment With power supplied $125.00/trtp Without power supplied $100.00/trip Trimming, capping and strength test (ASTM C-42) $30.00/core Depth measurement $15.00/core Swiss Hammer Mobilization of equipment $50.00/trtp Technician time $52.00/hour Ardaman & Associates, Inc. 69 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) ENGINEERING Data Evaluation, Engineering Analysis, Design, Inspections, Field Monitoring, etc. Principal Engineer Per Hour $125.00 Senior Project Engineer (P.E. / Branch Manager) Per Hour $105.00 Project Engineer Per Hour $85.00 Staff Engineer Per Hour $75.00 CONSTRUCTION MONITORING AND FIELD TESTING Senior Field Technician Per Hour $52.00 Field Technician Per Hour $44.00 SUPPORT PERSONNEL Senior Technical Draftsman Per Hour $52.00 Technical Draftsman I Per Hour $44.00 Technical Secretary Per Hour $42.00 Ardaman & Associates, Inc. 70 EXHIBIT "A" ARDAMAN &ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) CLASSIFICATION TESTS Moisture Content (ASTM 0-2216) Each $15.00 Organic Content • Loss on Ignition (ASTM D-2974) Each $30.00 • Wet Combustion (AASHTO T-194) Each $95.00 Unit Weight/Classiflcalion (Undisturbed Sample) Each $48.00 Grain Size Distribution • Sieve Analysis (ASTM D-421, D-422) Each $65.00 • Percent Fines (ASTM D-1140) Each $30.00 • Hydrometer Analysis (ASTM D-422) Each $85.00 Atterberg Limits (ASTM D-4318) • Plasticity IOOex Less than 150% Per Set $105.00 • Plasticity Index Greater than 150% Add'I Per Set $BO.OD Shrinkage Limit (ASTM D-4943) Each $75.00 Specific Gravity (ASTM D-854) Each $65.00 Los Angeles Abrasion Each $350.00 COMPACTION TESTS Standard (ASTM D-698) or Modified Proctor (ASTM D-1557) Per Test $80.00 Maximum-Minimum Density (ASTM D-4253, D-4254) Per Set $95.00 Limerock Bearing Ratio (3 points) Per Test $275.00 CONSOLIDATION TESTS Jncremental Consolidation Test (ASTM D-2435) • Up to Ten Load-Unload Increments Per Test $460.00 • More than Ten Load-Unload Increments Per Add'I Increment $50.00 Constant Rate of Strain Consolidation Test (ASTM D-4186) Each $560.00 PERMEABILITY TESTS Permeability Test on Sand Each $135.00 Permeability Test on Fine Grained Soil • k >10-scm/sec Each $225.00 • k <10-acm/sec Each $350.00 Test Duration Greater than 7 days Per Add'! Increment $20.00 Permeation with Fluids Other Than Water Add'I Per Test $115.00 STRENGTH TESTS Strength Index Tests (Torvane, Penetrometer, etc.) Each $12.00 Vane Shear Test Each $22.00 Unconfined Compression Test (ASTM D-2166) • Strength Only Each $50.00 • With Stress-Strain Curve Each $85.00 Triaxial Tests: • Unconsolidated-Undrained (ASTM D-2850) Each $185.00 • Unconsolidated-Undrained (with pore pressure response) Each $420.00 • Consolidated-Undrained (with pore pressure measurement) Each $420.00 • Consolidated-Drained on Sands Each $320.00 • Consolidated-Drained on Fine Grained Soils Each $480.00 • Use of Fluids Other Than Water Add'I Per Test $145.00 Direct Shear Tests (Coarse Grained Soils) • Conventional 2.3" Box Shear Per Normal Load $230.00 • With Stress Reversals Per Normal Load $340.00 • Conventional 12" Box Shear Per Normal Load $430.00 • Set-Up Charge forGeosynthetics Add'I Per Normal Load $70.00 Ardaman & Associates, Inc. 71 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) CHEMiCAL TESTS pH Each $15.00 Specific Conductance Each $12.00 Fluoride Each $22.00 Sulfate Each $42.00 Chloride Each $42.00 Soil pH Each $25.00 Soil Specific Conductance Each $42.00 Soil Resistivity (ASTM G-57) Each $42.00 Carbonate Content Each $80.00 Corrosion Series (pH, sulfate, chloride and resistivity) Each $155.00 CHEMICAL LABORATORY SUBCONSULTANT SERVICES Laboratory Analytical Testing Cost+ 12% GEOSYNTHETICS Geomembrane Thickness (ASTM D-1593) Per Sample $30.00 Geomembrane Density (ASTM D-792) Per Sample $46.00 Geomembrane Tensile Strength (ASTM D-638), Machine and Transverse Direction Per Set $110.00 Geomembrane Tear Resistance (ASTM D-1004), Machine and Transverse Direction Per Set $75.00 Weld Peel and Shear(ASTM D-413, D-882) Per Set $82.00 Geotextile Tensile Strength (ASTM D-4632) Per Set $110.00 Geotextile Trapezoidal Tear (ASTM D-4533) Per Set $130.00 SAMPLE PREPARATION AND SPECIAL TESTS Preparation of Samples for Testing (e.g., crushing for carbonate content determination, filtering of clayey soil for chemical tests) will be charged at $25.00 per sample. Prices for other tests on geomembranes and geotextiles will be determined per project based upon technician man-hours and other considerations. · Ardaman & Associates, Inc. 72 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) MOBILIZATION AND DEMOBILIZATION • Men and Equipment $250.00 • Portable Barge Per Job $5,000.00 Minimum STANDARD DRILLING All Terrain Vehicle Add'I Price Per LF $1.50 Auger Borings (4-inch) Per Lineal Foot $9.00 Wash Borings - Cuttings Only (up to 3 inch) • Soil drilling Per Lineal Foot $8.00 • Rock drilling Per Lineal Foot $12.00 Standard Penetration Test (SPT) Borings (ASTM D-1586) in soil (N-values <50): • from surface to 25 feet Per Lineal Foot $12.00 • from 25 feet to 50 feet Per Lineal Foot $13.00 • from 50 feet to 100 feet Per Lineal Foot $14.50 • from 100 feetto 125 feet Per Lineal Foot $18.00 • from 125 feet to 150 feet Per Lineal Foot $22.00 Standard Penetration Test (SPT) Borings in high resistance soil/rock (N-values >50) Add'I Price Per LF $3.50 Furnish, Install, and Remove Casing (up to 4-inch): • from surface to 50 feet Per Lineal Foot $7.50 • from 50 feetto 100 feet Per Lineal Foot $9.00 • from 100 feetto 150 feet Per Lineal Foot $10.50 Drilling (Time Basis)/2 man-crew Per Crew-Hour $145.00 Drilling {Time Basis)/3 man-crew Per Crew-Hour $170.00 Support Water Truck (Time Basis) Per Day $120.00 Rock Coring (Nor H size) • from surface to 50 feet Per Lineal Foot $26.00 • from 50 feet to 100 feet Per Lineal Foot $28.00 • from 100 feet to 150 feet Per Lineal Foot $32.00 Field Permeability Per Test $350.00 SAMPLING Additional SPT Sampling: • from 10 feet to 25 feet Per Additional Sample $23.00 • from 26 feet to 50 feet P_er Additional Sample $26.00 • from 51 feet to 100 feet Per Additional Sample $29.00 • from 101 feet to 125 feet Per Additional Sample $34.00 • from 126 feet to 150 feet Per Additional Sample $39.00 Undisturbed Samples: • Shelby Tube Per Sample $100.00 • Fixed-Piston Shelby, Osterberg, Pitcher Per Sample $110.00 SOUNDINGS Electric Dutch Cone Soundings Per Lineal Foot $9.50 Piezocone Soundings Per Lineal Foot $10;50 Muck Probing/Clay Sampling Per Crew Hour $120.00 Cone/Piezoprobe Soundings (Time Basis) Per Crew Hour $170.00 Piezoprobe Dissipation Monitoring Per Crew Hour $130.00 OTHER CHARGES Clearing Difficult Access, Hole Location and Set-Up Per Crew-Hour $125.00 Standby nme Per Crew-Hour $125.00 Piezometer and Well Installation (plus materials) Per Crew-Hour $140.00 Bore Hole Grouting and Sealing (plus materials) Per Crew-Hour $140.00 Well Clearing/Sensitivity/Water Level Per Crew-Hour $125.00 Air Boat Use Per Day $300.00 Instrumentation Unit Use Per Day $150.00 erials Per Job At Cost+ 12% etf-n & Associates, Inc. Normal drilling rates times 1.5 Borings Normal drilling rates times 1.5 73 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) ENVIRONMENTAL SITE ASSESSMENTS Phase I Environmental Site Assessments Tracts 50 acres or Jess (contiguous properties or per individual tract) $2,100.00 Tracts between 51 and 500 acres (contiguous properties) $2,600.00 Tracts greater than 500 acres varies Phase II Environmental Sjte Assessments varies Analytical Laboratory testing for hazardous or petroleum contamination (soil, sediment and groundwater) cost+ 15% OTHER RELATED ENVIROMENTAL DRILLING CHARGES Support Water Truck Per Day $150.00 Drumming Contaminated Soil/Drilling Fluids In 55 gallon drums (Disposal not Included) Per Drum $150.00 Orum Disposal Per Drum Varies Visqueen (100 feet by 20 feet) Per Roll $85.00 MONITORING WELL INSTALLATION Temporary 2-inch PVC Wellpoint (Piezometer)) Per Foot $18.00 2-inch PVC Per Foot $35.00 NOTE: Double cased deep monitoring well (above cost x 2) VAULT/PAD INTALLATION - MONITORING WELLS Well Size Vault Size 2" 8" w/pad $275.00 4" 12" w/pad $380.00 2" or4" Above ground riser w/pad $275.00 DIRECT PUSH GROUNDWATER SAMPLING Direct Push Sampler (minimum 1 day) Per Day $1,500.00 ENVIRONMENTAL FIELD TESTING SERVICES Slug Injection/Withdrawal Permeability Test Each $250.00+$80.00mur Double Ring lnfrltrometer Test (ASTM D-3385-75) Each $500.00 SPECIAL DRILLING/SOUNDING Prices for special drilling (barge drilling; air boat sampling; amphibious drilling; NQ wire line coring; large diameter borings; drilling in corrosive, contaminated or hazardous materials; drilling at great depths; installing large diameter temporary casing; etc.) field vane testing, and other specialized sampling or field tests will be determined per project. INSTRUMENTATION Prices for installation of monitor wells, inclinometers and settlement devices and prices for performing field permeability and packer tests will be determined per project. Ardaman &"Associates, Inc. 74 EXHIBIT "A" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (November 19, 2009 through November 18, 2010) GENERAL FIELD EQUIPMENT: Field Gas Chromatograph Per Day $300.00 Data Logger Per Day $240.00 Organic Vapor Analyzer (OVA 128 or Gastech) Per Day $120.00 Photo Ionization Detector (Photovac Tip) Per Day $110.00 Generator Per Day $95.00 Steam Cleaner Per Day $100.00 Surveying Equipment (Water Table Elevations) Per Day $55.00 Centrifugal Development Pump Per Day $50.00 Submersible Development Pump Per Day $100.00 Peristaltic Purging Pump Per Day $40.00 Magnetometer Per Day $35.00 Product/Water Interface Probe Per Day $35.00 pH/Conductivity Meter Per Day $25.00 Turbidity Meter Per Day $55.00 Water Level Indicator Per Day $20.00 Bailer Usage (Stainless Steel or Teflon-Per Each) Per Day $18.00 Measuring Wheel Per Day $8.00 35 mm Camera Per Day $8.00 Barricade (per unit) Per Day $3.00 Concrete Saw Per Day $100.00 EXPENDABLE SUPPLIES: High Capacity (0.45 micron) Filter Each $22.00 Disposable Teflon Bailer Each $18.00 Disposable Polyethylene Bailer Each $13.00 lsopropyl Alcohol (decontamination) Per Gallon $15.00 Deionized Water (decontamination) Per Five Gallon $14.00 16 oz. Soil Jars (soil headspace analysis) Per Box of 12 $10.00 Tygon Tubing Per Foot $2.50 Polyethylene Tubing Per Foot $.60 55-gallon Drum Each $65.00 HEAVY EQUIPMENT: Vacuum Truck, Dump Truck, Crane, Excavator, Trackhoe, Backhoe, etc. Per Job Cost+ 15% REMEDIATION EQUIPMENT: Cost is based on type of equipment and duration of project. Cost to be determined on project by project basis. Ardaman & Associates, Inc. 75 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Dunkelberger Engineering & Testing, Inc. for Professional Geotechnical Services from November 19, 2009 to November 18, 2010. All provisions of the original agreement, approved November 18, 2009 shall remain in full force and effect. The fee schedule for November 19, 2009 through November 18, 2010 shall remain in effect from November 19, 2009 through November 18, 2010 as stated in "Exhibit A" ( attached). DUNKELBERGER ENGINEERING INDIAN RIVER COUNTY, FLORIDA & TESTING, INC. Cb..lJ E. TITLE: V, « Ir. Approved by BCC _____ Attest: Jeffrey------K. Barton, Clerk of Circuit Court I -r. William G. Collins, II, County Attorney . ~ Approved as to Form and Legal Sufficiency seph A. Baird ounty Administrator C:\Documents and Settings\dawnw\Local Settings\Temporary Jnternet Files\Content.Outlook\87MZRA8B\Dunkelberger GeotechnicaJ Services Contract Renewal 2009 -2010 (2).doc 76 DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule 1 1 November 19 \ 2009 through November 18 \ 2010 Indian River County I. SOIL & AGGREGATE TESTING A. Standard or Modified Proctor (T99 or Tl80) $86.00/test B. Field Density Test by the Sand-Cone Method (T191) $28.00/test C. Field Density by the Drive-Sleeve Method (T204) $23. 00/test D. Field Density by the Nuclear Method (T238) (includes moisture content determination, T239) $23.00/test E. Moisture Content of In-Place Soil or Soil Aggregate by Nuclear Methods (T239) (no charge when done in conjunction with T238) $10.00/test F. Limerock Bearing Ratio (FM 5-515) (LBR) $300.00/test G. Florida Bearing Value (FBV) $25 .00/test H. Sieve Analysis of Fine and Coarse Aggregates (T27) $65.00/test I. Particle-size Analysis of Soil (T88) $45.00/test J. Percent Finer than the U.S. No.200 Sieve (FM 1-T 011) $30.00/test K. Liquid Limit of Soils (T89) $45 .00/test L. Plastic Limit and Plasticity Index of Soils (T90) $45.00/test M. Organic Content of Soils (T267) $30.00/test N. Carbonates of Calcium and Magnesium (FM 5-514) $60.00/test 0. Permeability of Granular Soils (sands) (Constant Head) (Tl25) $165.00/test P. Unconsolidated, Undrained (UU) Compressive Strength of Cohesive Soils in Trail Compression (T296) $200.00/point Q. Consolidated; Undrained (CU) Triaxial Compression Test on Cohesive Soils (D4767) $385.00/point R. Consolidation Testing of Undisturbed Sample (T216) $375.00/sample 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 Page I of6 77 DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule November 19'\ 2009 through November 18'\ 2010 Indian River County S. Unconfined Compressive Strength of Cohesive Soil (undisturbed sample) (D2166) $40.00/test T. Unconfined Compressive Strength of Cohesive Soil (remolded sample) (D2166) $60.00/test U. Direct Shear Test of Soils Under Consolidated Drained Conditions (03080) $200.00/test V. Soil Corrosivity (pH, sulfate, chloride, resistivity) $150.00/test II. CONCRETE TESTING A. Compressive Strength of Cylindrical Concrete Specimens (T22); includes one (I) slump test, molding, transporting, curing and laboratory testing ( 4 cylinders per set) $85.00/set B. Flexural Strength of Concrete Using Simple Beam with 3rd-Point Loading (T97); slump, molding, transporting, curing and testing (3 beams per set) $100.00/set C. Compressive Strength of Hydraulic Cement Mortar (Tl06) 3 cubes per set) $70.00/set D. Slump of Portland Cement Concrete (T119) $15.00/test E. Air Content of Fresh Concrete by Volumetric Method (Cl 73) $20.00/test F. Unit Weight of Fresh Concrete (C138) $25.00/set G. Field Coring of Hardened Concrete (2" or 4" diameter) • Mobilization and Equipment Usage $115.00/day • Field Coring - technician time, portal-to-portal; $55.00/hour/ usually requires two technicians technician Note: May also require utility notification, which is billed at a Staff Engineer's rate, and MOT (project specific requirement/costs). This task will be quoted on a project-by-project basis. 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 Page2 of6 78 DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schednle 1 November 19'\ 2009 through November 18 \ 2010 Indian River County H. Compression Testing of Field Cores (C42) $30.00/core I. Windsor Probe (minimum of2 shots) (C803) $57.00/shot J. Swiss Hammer (C805) and Pachometer Testing • . Equipment Usage $28.00/trip • Senior Engineering Technician $55 .00/hour K. Compressive Strength of Masonry Prisms (C1314) (3/set) $255.00/set III. ASPHALT TESTING A. Quantitative Extraction of Bitumen from Bituminous Paving Mixture (T164) $135.00/test B. Stability Tests (Hubbard Field or Marshall) (3 pill set) $ 130.00/test C. Asphalt Thickness Determination (2" or 4" diameter) • Mobilization and Equipment Usage $115.00/day • Field Coring- technician time, portal-to-portal; $55.00/hour/ • usually requires two technicians technician Note: May also require utility notification, which is billed at a Staff Engineer's rate, and MOT (project specific requirement/costs). This task will be quoted on a project-by-project basis. D. Specific Gravity of Asphalt cores for Density Determination (T166) $20.00/core IV. FIELD EXPLORATION WORK A. Soil Investigation and Sampling by Auger Borings See Item "D" below $9.25/foot B. Penetration Test and Split-barrel Sampling of Soils (T206) See Item "D" below O' - 50': $ I 2.00/foot 50' - 75': $ I 4. 00/foot 75' - 100': $ I 9. 00/foot C. Soil Investigation and Sampling by Hollow-Stem Auger Boring (T251)-See Item "D" below 0'-50': $ 12.00/foot 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 79 Pape ":l nf"- DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule th November 19 , 2009 through November 18'\ 2010 Indian River County D. Mobilization/demobilization of Truck-Mounted Drill Rig - lump sum cost in addition to footage charges shown above in Items "A" and "C" $350.00/event E. SFWMD Constant/Falling Head Field Permeability Tests $350.00/test F. Casing Installation (up to 4" ID) O' - 50': $6.00/foot 50'-75': $8.00/foot 75' - 100': $8.00/foot G. Grout Seal Boreholes O' - 50': $4.00/foot 50' - 75': $6.00/foot 75' -100': $6.00/foot H. Pressure Cleaning Drilling Tools • Steam Cleaner $145.00/day • 'RigTime $150.00/hour I. Cone Penetration Sounding $10.50/foot J. Rock Coring (HQ Barrel) O' - 50': $30 .00/foot 50' - 75': $32.00/foot 75' - 100': $34.00/foot K. Thin-Walled Tube Samples (Shelby and Fixed Piston) $100.00/each L. Groundwater Measurement and Sampling 1. Shallow Piezometer Qess than 12 feet) $25.00/lf 2. Grouted Piezometer (2 inch diameter) 0 - 25 ft depths $30.00/lf 25 - 50 ft depths $30.00/lf 50 - 75 ft depths $35.00/lf 75 -100 ft depths $38.00/lf 3. Groundwater Monitoring Wells 2" diameter 0 - 25 ft depths $30.00/lf 25 - 50 ft depths $33.00/lf 50 - 75 ft depths $40.00/lf 75 -100 ft depths $50.00/lf 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 Page4 of6 80 DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule th November 19 , 2009 through November 18'\ 2010 Indian River County 4. Locking Protection Assembly (Riser) $290.00/each 5. Locking Protection Assembly (flush mounted) $290.00/each 6. Clear/Develop Wells for Sampling $150.00/hour 7. Sampling of Wells/Deliver to Water Quality Laboratory $65 .00/hour M. Double-Ring Infiltration Test $500.00/test N. Field Vane Shear Test $55.00/test, Plus drilling costs 0. Drill Rig/Crew (2-man) Stand-by $150.00/hour Note: This work usually requires utility notification and engineering analysis. MOT may also be needed. This work will be quoted on a project-by-project basis. V. ENGINEERING SERVICES A. Technician Inspection Services • Engineering Technician $45.00/hour • Senior Engineering Technician/Inspector $55.00/hour B. Certified Building (Concrete/Steel) Inspection Services $75.00/hour C. Clerical/Word Processing $40.00/hour D. Computer Graphics $50.00/hour E. Environmental Technician $65.00/hour F. Staff Engineer $75.00/hour G. Project Engineer $95.00/hour H. Registered Professional Engineer $120.00/hour I. Principal Engineer $145.00/hour 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 81 Pae:e5of6 DUNKELBERGER engineering & testing, inc. Indian River County Continuing Geotechnical Services Fee Schedule 1 th November 19 \ 2009 through November 18 , 2010 Indian River County Notes: 1. A minimum charge of $70.00 will be applied for any field testing services such as in-place density testing. 2. Sample pickup time for laboratory tests will be billed at $55.00 per hour unless performed in conjunction with other field testing services (in place density tests or concrete tests) services. 3. Engineering technician time spent on concrete testing services wilJ be billed at $45.00 per hour for on-site standby time in excess of I hour per set, cylinder set pickup performed not in conjunction with other field testing services, and cancellation without notice. 4. Hourly rates are portal-to-portal. 5. A minimum of 0.5 hour of Registered Professional Engineer time will be charged per report. 6. An overtime factor of 1.5 will be applied to the attached rates for work performed on weekends, holidays, and outside the regular work week (7:30 a.m. to 5:00 p.m. Monday through Friday). 7. These fees do not include costs for maintenance-of-traffic (MOT) and/or utility locations which may be required for certain jobs. These costs will be negotiated on an as-needed, case-by-case basis. 8. The Field Exploratory Work costs are for land-based work using truck-mounted drilling equipment only. Sites requiring all-terrain drilling equipment, clearing, and water-based work will be quoted on a site specific basis. 9. Third party charges and other out-of-pocket expenses will be billed at cost plus 12%. 607 NW Commodity Cove, Port St. Lucie, Florida 34986 • Phone (772) 343-9787 • Fax (772) 343-9404 82 PnPe 6 nfh Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and A.M. Engineering and Testing, Inc. for Professional Geotechnical Services from November 19, 2009 to November 18, 2010. All provisions of the original agreement, approved November 18, 2009 shall remain in full force and effect. The fee schedule for November 19, 2009 through November 18, 2010 shall remain in effect from November 19, 2009 through November 18, 2010 as stated in "Exhibit A" ( attached). EERING AND TESTING, INC. INDIAN RIVER COUNTY, FLORIDA ' ' ' ' ' ' ' ' ' -r.:·\ I' ' ) / ' ' 1 ' TITLE: &i ~c +'C°p~) d;),: a,/dr / ' Approved by BCC _____ Pr /1'1 C 'f7 ;_;----' Attest: ------·, AtYLt lt {)JJ} Jeffrey K. Barton, Clerk of Circuit Court ( l - William G. Collins, II, County Attorney 1f Approved as to Form and Legal Sufficiency oseph ~- Baird ounty Administrator C:\Documents and Settings\dalker\Local Settings\Temporary Internet Files\OLKF\A M Engineering and Testing Inc Geotechnical Services Contract Renewal 2009 -2010.doc 83 A. M. ENGINEERING AND TESTING, INC. 590 N.W. MERCANTILE PLACE, PORT ST. LUCIE, FLORIDA 34986 (772) 924-3575 OFFICE - (772) 924-3580 FAX SCHEDULE OF SERVICES AND FEES Indian River County Annual Contract - 2009 through 2010 SOIL TESTING Standard or Modified Proctor (sandy soils) ...... $75.00/ea. Standard or modified Proctor (limerock/shell) ...... 90.00/ea. Field Density Test (nuclear method)- minimum 3 tests per trip ...... 20.00/ea. Field Density Test (sand cone method)- minimum 3 tests per trip ...... 27.00/ea. Limerock Bearing Ratio (L.B.R.) ...... 250.00/ea. Florida Bearing Value (F.B.V.) ...... 25.00/ea. Sieve Analysis with Hydrometer...... 175.00/ea Sieve Analysis for Soil (full gradation including No. 200 sieve - does not include hydrometer analysis) 65.00/ea. Sieve Analysis (material finer than No. 200 sieve by washing) ...... 30.00/ea. Laboratory Permeability Test (sandy soils) ...... 85.00/ea. Atterberg Limits (liquid limit and plastic limit) ...... 95.00/ea. Chemical Analysis (carbonates of calcium and magnesium) ...... 60.00/ea. Moisture Content ...... •...... 25.00/ea. Organic Content ...... ,...... 30.00/ea. Sampling Trip Charge...... 45.00/br. CONCRETE TESTING Concrete Cylinders: (Set of four 4" x 8" cylinders) slump test, casting, curing and testing ...... $70.00/set Slump Test ...... 15.00/br. Air Content ...... 20.00/ea. Unit Weight of Concrete ...... 30.00/ea. Windsor Probe (3 shots per location) ...... 150.00/ea. Swiss Hammer Test ( per location - minimum of3 locations) ...... 50.00/ea. Field Coring (minimum of 3 locations) ...... 50.00/ea. Mobilization/Demobilization for Field Coring ...... 75.00/ea. Compression Testing of Field Cores ...... 30.00/ea. Mortar Cubes (set of 6) ...... 70.00/set Grout Prism (set of 3) ...... 75.00/set ASPHALT TESTING Stability Tests (Marshall) ...... $130.00/ea. Bitumen Content (Extraction) ...... 125.00/ea. Sieve Analysis of Extracted Aggregate ...... 50.00/ea. Asphalt Thickness Determination using 2" or 4" Core Drill (minimum of 3) ...... 30.00/ea. 6" Core Drill (per D.O.T. specs) 1-10 Cores ...... 40.00/ea. Additional Cores ...... 30.00/ea. Mobilization/Demobilization of coring equipment ...... 75.00/ea. Specific Gravity of Asphalt Cores for Density Determination ...... 25.00/ea. ENGINEERING SERVICES Project Engineer ...... 125.00/br. Staff Engineer ...... 85.00/br. Project Manager...... 80.00/br Senior Technician ...... 50.001hr. Technician Inspection Services: Regular Time ...... 45.00/hr. Overtime (5:00pm - 7:00am) ...... 55.00/br. Overtime (weekends) ...... 65.00/br. Monitoring of Pile Installation: Regular Time ...... 55.00/br. Overtime (5:00pm - 7:00am) ...... 65.001hr. 84 Page2 of 2 Steel Inspection (Visual Welding Inspection and Bolt Inspection): Regnlar Time ...... 55.00/hr. Overtime ...... 65.00/hr. Clerical Services ...... 40.001hr. Threshold Inspection Services ...... Prices quoted upon request STANDARD PENETRATION TESTING 0 - 50' ··············································································: ...... 12.00/ft. 50' - 75' ····························································································································································· 15.00/ft. Additional Samples (10' to 25') ...... 20.00/ea. Additional Samples (25' to 50') ...... 25.00/ea. Additional Samples (50' to 75') ...... 30.00/ea. Mobilization/Demobilization (25 mile radius) ...... 150.00 lump sum Grouting of SPT holes ...... 2.50/ft. For samples placed in jars, the cost of the jars are additional with no markup. DUTCH CONE PENETROMETER TESTING 0 - 50' ·································································································································································· 9.00/ft. 50' - 75' ····························································································································································· 13.00/ft. 75' + ·································································································································································· 16.001ft. Mobilization/Demobilization (25 mile radius) ...... 175.00/job HAND CONE PENETROMETER TEST (HCP} 0' - 6' ································································································································································· 10.00/ft. 6' + ···································································································································································· 12.00/ft. Mobilization/Demobilization (25 mile radius) ...... 100.00/job HAND AUGER BORINGS 0 - 6' ···································································································································································· 8.00/ft. 6 - 10' ································································································································································ 11.00/ft. Mobilization/Demobilization (25 mile radius) ...... 100.00/job EXFILTRATION TEST Usual Open Hole Test...... 300.00/ea. ROCK CORING, BORINGS FROM BARGE OR OTHER SPECIALTY DRILLING Prices quoted based on project MONITOR WELLS Prices quoted based on project HAZARDOUS WASTE ASSESSMENT Prices quoted based on project PHASE I ENVIRONMENTAL PROPERTY ASSESSMENT Prices quoted based on project ADDITIONAL TESTING DRILING OR ENGINERING SERVICES Prices quoted based on project 85 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES This shall serve as mutual consent to extend the Agreement between Indian River County and Universal Engineering Services for Professional Geotechnical Services from November 19, 2009 to November 18, 2010. nd All provisions of the original agreement, approved December 2 , 2009 shall remain in full force and effect. The fee schedule for November 19, 2009 through November 18, 2010 shall remain in effect from November 19, 2009 through November 18, 2010 as stated in "Exhibit A" (attached). INDIAN RIVER COUNTY, FLORIDA SEAL ' ' Approved by BCC _____ Attest: ------•; JJJL·l/4_{)a2 Jeffrey K. Barton, Clerk of Circuit Court ,W William G. Collins, II, County Attorney Approved as to Form and Legal Sufficiency • oseph A. Baird ounty Administrator C:\Documents and Settings\vlutz\Local Settings\Temporary Internet Files\OLKF0\Universal Engineering Services Geotechnical Services Contract Renewal 2009 - 2010.doc 86 Fee Schedule Indian River County Continuing Geotechnical Testing Services Universal Engineering Sciences, Inc. Rockledge and Ft. Pierce, Florida 2009-2010 Professional & Technical Services Principal En!!11leer/ Scientist $120.00 per hour Registered Senior Engineer/Scientist $95 .00 per hour Senior Project Erncineer/Scientist $80.00 per hour Project Encineer/Scientist $75 .00 per hour Staff Engineer/Scientist $60.00 per hour Field Service Manager $60.00 per hour Environmental Technician $50.00 per hour Senior Ernrineering Technician $45.00 per hour Enoineering Technician $35 .00 per hour Draftsman/CAD $55.00 per hour Draftsman $35 .00 per hour Technical Secretary $35.00 per hour Certified Weld Insnector $60.00 per hour Drilling Services Mobilization/Demobilization (lump sum) $350.00 Standard Penetration Test Boring (oer foot 0-50) $11.50 Standard Penetration Test Boring (oer foot 50-100) $12.50 Standard Penetration Test Boring (per foot 100+) $14.00 Piezometer (each) $25.00 reauires auger boring or SPT boring Auger Boring (per foot) $9.00 Permanent well (per foot) $50.00 Hand Clearing (per hour) $100.00 Thin Walled Tube Sampling (each) $100.00 South Florida Percolation Test $300.00 Double Ring Infiltrometer $400.00 1 87 Asohalt Testing Services Extraction/Gradation Test*· $160.00 Marshall, Stability and Flow* $90.00 In Place Density Test $24.00 Asphalt Cores (6" d or 4" d) (per inch) $15.00 Asphalt Core density and thickness ( each) $20.00 CTQP Level II Asphalt Plant Inspector {hour) $60.00 Asohalt Field Inspector {hour) $45.00 Sample pickup (if no other work is performed on site) $38.00 {hour) Concrete Testing Services Concrete Compression Test (set of 3 or 4) $80.00 includes 1 hour max on site time per set, travel, slump, and temperature test (sample picknp not included if special trip is necessary) Concrete Technician {hour) $38.00 for standby time, additional testing or monitoring in excess of lhour on site Concrete coring (per inch) $20.00 Concrete cylinder compression test ( each) $12.00 In excess of 4 cylinders per set Concrete core compression test ( each) $18.00 Floor Flatness Test with F-Meter (each) $400.00 Coarse A,nrregate Sieve test ( each)* $55.00 Fine A1rn:regate Sieve test (each)* $45.00 Specific Gravity and Absorption test ( each)* $50.00 Sample picknp (ifno other work is performed on site) $38.00 {hour) CTQP Level I Concrete Inspector 2 88 Soil Testing Services Standard or Modified Proctor Test (each)* $80.00 Limerock Bearing Ratio (LBR) Test (each)* $240.00 Atterberg Limits ( each)* $45.00 Wash 200 Sieve analysis (each)* $30.00 Full Soil Sieve with Wash each)* $50.00 Florida Bearing Ratio (FBV (each)* $60.00 Carbonates test ( each)* $80.00 Organic Content test (each)* $30.00 pH test ( each)* $30.00 Triaxial Permeability Test (each)* $400.00 Falling/Constant Head Permeability Test ( each)* $180.00 LA Abrasion Test (each)* $250.00 CTQP Earthwork I/II Inspector (hour) $45.00 Senior Engineering Technician (hour) $45.00 Sample pickup (ifno other work is performed on site) $38.00 (hour) . In-Place Density test ( each) $24.00 All inclusive, minimum of 4 per trip, maximum of 1 hour on site per 4 tests Miscellaneous Services Subcontractor Services Cost plus 10% * Note that all laboratory testing services do not include pickup charge. A separate pickup charge is required at the applicable rate if sole reason for the site visit. fiff~ ·~~ Universal Engineering Sciences, Inc. Regional Manager 3 89 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director G- ANO -~- Christopher J. Kafer, Jr., P.E., County Engine~ . / Michael D. Nixon, P.E., Roadway Production Manager~#' FROM: Arjuna Weragoda, P.E., Project Engineer Atµ SUBJECT: Providing Geotechnical Services for Oslo Road Improvements east of US Hwy 1. Universal Engineering Sciences, Inc. Work Order No. 2 IRC Project #0381 DATE: November 4, 2009 CONSENT AGENDA DESCRIPTION AND CONDITIONS On November 18, 2008, the Board of County Commissioners approved an annual agreement for Professional Geotechnical Services, with Universal Engineering Sciences, Inc. for various services including but not limited to Field and Laboratory Construction Materials Testing in Indian River County. The purpose of this Work Order is to provide testing services for the design and permitting of Oslo Road east of US Hwy 1. Universal Engineering Sciences, Inc. submitted a proposal outlined in the attached Work Order No. 2, (Engineering) and Scope of Work (Exhibit A) for a not to exceed fee of$ 4, 164.00. RECOMMENDATION Staff recommends approval of the attached Work Order No. 2 (Engineering) authorizing the above mentioned project as outlined in the attached scope of services and requests the Board to authorize the Chairman to execute the attached Work Order on their behalf for a not-to-exceed fee of$ 4,164.00. FUNDING Funding for this project is available from Account No. 13321072-066510-03017 (Florida Boating Improvement Fund, Oslo Boat Road Ramp). ATTACHMENTS 1. Work Order No. 2 to, Universal Engineering Sciences, Inc. providing Professional Geotechnical Services for Oslo Road East of US Hwy 1 2. Exhibit A- Proposal from Universal Engineering Sciences, Inc. DISTRIBUTION Indian River County Administration 1. Sean McGuire, P.E., Universal Engineering Sciences, Inc. Legal APPROVED AGENDA ITEM: Budget Risk Management PublicWori Engineering Division F:\Public Works\ENGINEERING DMSION PROJECTS\0381-0SW BOAT RAMP\Admim\agendaitems\0381 BCC Geotech Coostr Work Order 'l TT,...;.,....,,.,1 11 (\') no ,1,,.,. 90 Board of County Commissioners 1810 25th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 GEOTECHNICAL TESTING SERVICES for Oslo Road East of US Hwy 1 IRC Project No 0381 WORK ORDER NO. 2 (Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES RFQ No. 2008071 WITH UNIVERSAL ENGINEERING SCIENCES, INC .. Construction materials testing services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a not-to-exceed fee of $4 164.00 in accordance with the attached proposal (EXHIBIT A) dated October 30, 2009 and shall comply with Standards enumerated in the RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, IRC RFQ No. 2008071 WITH UNIVERSAL ENGINEERING SCIENCES, INC. Effective Date: November 18, 2008. All work shall also comply with the current Florida Minimum Technical Standards. COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to Universal Engineering Sciences, Inc. proposal identified in the attached EXHIBIT A A Not-to-Exceed Amount of: $4,164.00 to be paid for actual work performed in accordance with the proposal set forth in Exhibit A of RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, IRC RFQ No. 2008071 WITH UNIVERSAL ENGINEERING SCIENCES. INC. TIME FOR COMPLETION This Work Order No. 2 shall be completed within four (4) weeks from approval of this work order. F:\Public Works\ENGINEERING DIVISION PROJECTS\038!-OSLO BOAT RAMP\Admim\Contracts\0803 Universal WO# 02 II-02-09.doc 91 PAGE TWO Work Order No. 5 Universal Engineering Sciences, Inc. November 2, 2009 IN WITNESS WHEREOF the parties hereto have executed these presents this ___ day of ______~ 2009. UNIVERSAL ENGINEERING INDIAN RIVER COUNTY, FLORIDA SCIENCES, INC. BOARD OF COUNTY COMMISSIONERS BY: ------~- . . Board of County Commissioners Approved by the BCC: ______ ATTEST: ______Jeffrey K. Barton Clerk of the Court BY: ------DEPUTY CLERK OF COURT C:\Documents and Settings\gmcguire\Local Settings\Temporary Internet Files\OLK.7\0803 Universal WO#- 02 11-02-09.doc 92 UNIVERSAL ENGINEERING SCIENCES, INC. Consultants In: Geotechnical Engineering • Environmental Sciences Construction Materials Testing • Threshold Inspection 803 South Kings Highway • Fort Pierce, Florida 34945 Phone: (772) 461-9815 Fax: (772) 461-9816 October 30, 2009 Indian River County Public Works Department Engineering Division 1801 2?1h Street Vero Beach, Florida 32960 Attention: Mr. Arjuna Weragoda, P.E. Project Engineer Reference: Proposal for a Subsurface Exploration Oslo Road Paving and Parking Lot Oslo Road east of US-1 Vero Beach, Indian River County, Florida Universal Proposal Number 1930.1009.00001 Universal Docs No. 805168 Dear Mr. Weragoda: Universal Engineering Sciences, Inc. (Universal) is pleased to submit this proposal to provide geotechnical engineering services for the above-referenced project. This proposal includes a scope of services and estimated costs for conducting a subsurface exploration and preparing a geotechnical engineering report in accordance with generally accepted soil and foundation engineering practices. PROJECT DESCRIPTION Universal understands that the proposed project will include the construction of a paved parking lot and associated drainage improvements to serve the existing boat ramp at the eastern terminus of Oslo Road, along with paving approximately ½-mile of Oslo Road, east of US 0 1 to the existing boat ramp at the Indian River Lagoon, in Indian River County, Florida. The parking lot will be constructed on the south side of the roadway at the eastern terminus of Oslo Road. Stormwater runoff from the new impervious surfaces will be collected and treated within dry retention swales along the south side of Oslo Road (if possible) with the overflow conveyed to a proposed wet detention lake located immediately south of the parking lot, within an existing mosquito impoundment / conservation area. We understand that only the existing roadway is accessible to our ATV mounted drilling rig. Boring locations outside of the roadway will be accessed on foot and tests conducted with portable equipment. Clearing costs are not included in this proposal. 93 Oslo Road Paving and Parking Lot October 30, 2009 Universal Proposal Number 1930.1009.00001 2 SCOPE OF SERVICE The subsurface exploration will be performed to determine the subsurface soil and groundwater conditions and to provide design parameters for the design of the new complex. Based on the information provided by Indian River County, Universal proposes the following field services to obtain the information regarding the subsurface conditions at the site. The field services will include the following tasks: Field Services • Drill six (6) Standard Penetration Test (SPT) borings within the existing unpaved roadway to a depth of 7 feet and 15 feet below existing land surface (bis). • Drill one (1) Standard Penetration Test (SPT) boring within the proposed parking lot area to a depth of 20 feet bis. • Drill six (6) Hand Auger (HA) borings with Dynamic Cone Penetrometer Tests (DCP) within the proposed dry retention swales and wet detention lake footprint to a depth of 5 feet bis. • Collect six (6) Shelby tube samples along the south side of the existing unpaved roadway at depths just above the current ground water levels. • Install a temporary location marker (surveyor's lath) at each of the boring locations, leave the boring holes open, and obtain groundwater level readings a day after conducting the borings. All SPT borings will be drilled in accordance with ASTM D 1586 (Standard Method for Penetration Test and Split-Barrel Sampling of Soils) procedures. The SPT borings will be sampled continuously at 18-inch intervals from ground surface to a depth of 7 feet bis. The SPT borings will be performed using a CME drilling rig using either rotary mud techniques or continuous flight augers to termination depth. Each recovered soil sample will be visually classified in the field and a geologic log prepared for each soil boring. Groundwater depths and any unusual subsurface conditions will be recorded on the boring logs. Representative portions of the recovered soil samples from each boring location will be sealed and packaged for transportation to our laboratory for a more detailed analysis, as required. All soil samples will be classified in general accordance. with ASTM D 2487 (Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)) guidelines. Laboratory Services Universal will select representative soil samples from the soil borings for gradation analysis to provide a more detailed classification of the soil types encountered at the site and better define their engineering properties. Universal estimates that six (6) samples will be required for analysis. The samples will be tested according to the procedures listed ASTM D 1140 (Standard Test Method for Amount of Material in Soils Finer than the No. 200 Sieve). In part, ASTM D 1140 requires a thorough mixing the sample with water and flushing it through a No. 200 sieve Viera Medical Office Park October 1, 2009 Universal Proposal Number 0330.0909.00012 3 until all of the particles smaller than the sieve size leave the sample. The percentage of the material finer than the No. 200 sieve helps determines the textural nature of the soil sample and aids in evaluating its engineering characteristics. Further, organic content tests will be performed in accordance with ASTM D 297 4 (Standard Test Methods for Moisture, Ash, and Organic Matter of Peat and Other Organic Soils). We estimate that three (3) samples will be required for this type of analysis. Six (6) constant head permeability tests will be performed on soils sampled form the proposed dry retention ( swale) areas to determine the infiltration characteristics of the soil types. Analysis and Engineering Report Universal will prepare a geotechnical engineering report for the project, which will respond to the proposed development. The report will be prepared under the direction of a professional geotechnical engineer registered in the State of Florida who specializes in consulting engineering. The report will summarize the field and laboratory services performed and provide an engineering analysis of the site soil and groundwater conditions with special attention to potential subsurface conditions that may hinder development. The final report will include the following: • Methodology and results of the field exploration • Results of the laboratory testing program • Estimates of the typical wet season groundwater level at the boring locations • Recommendations concerning site preparation procedures and pavement design parameters. • General comments concerning the anticipated infiltration characteristics of the dry retention basin subsoils and the possible usages of the wet detention lake subsoils as structural fill for the proposed pavement areas. SCHEDULING AND COST ESTIMATE The field work can be scheduled to begin, based on our present schedule, within one week after receiving the written authorization to proceed. Universal expects the field work to require one week to complete. Our laboratory testing analysis and report preparation will require approximately two weeks to prepare after completion of the field work. A final geotechnical report should be submitted within four weeks from receiving the written authorization to proceed. If this schedule needs to be amended or if special scheduling consideration is required please advice us. The fee for the subsurface exploration and geotechnical engineering report is $4,164.00. This estimate will not be excels)ded without prior written authorization. For specific terms of the proposed work, please refer to the attached Schedule of Services and Fees, and the General Notes. EQ5 Viera Medical Office Park October 1, 2009 Universal Proposal Number 0330.0909.00012 4 Universal appreciates this opportunity to provide you with geotechnical engineering assistance, and we look forward to receiving your notice to proceed on the project. If this proposal is acceptable, please sign and return the attached Work Authorization Form so that we can schedule the work expeditiously. Please feel free to call us if you have any questions or wish to discuss this proposal further. Respectfully Submitted, Universal Engineering Sciences, Inc. Certificate of Authentication No. 549 Brad Faucett, P.E. Regional Engineer 1 - Addressee (email) Attachments: Exploration Location Plan Work Authorization Form General Notes Report Distribution Information 946 8 [,,. II M 0 Oz 0 ? • • C OSLO ROAD PAVING AND PARKING LOT el C) OLSO ROAD, EAST OF US1 C ,, VERO BEACH, FLORIDA tiHv,.isv, A.W. o.,.m 10.30.09 ~ 11£1 ot= s .. a.F 0.0. PROJECT NAME: Oslo Road Paving and Parking Lot DATE: October 30, 2009 PROJECT Oslo Road, east of US-1, Vero Beach, Florida LOCATION: REVISED: PHONE Mr. Arjuna Weragoda, P.E. 772-226-1931 ATTENTION: NO: CLIENT NAME: Indian River County Public Works Department FAX NO: 772-226-1988 CLIENT ADDRESS: 1801 27th Street, Vero Beach, Florida 32960 I. Scope of Services and Understanding of Project, Proposal For a Subsurface Exploration (See attached notes and Professional Geotechnical Services Agreement for additional terms of this agreement). Universal Proposal No.1930.1009.00001 Docs No. Scope of Services and Understanding of Project as indicated below. (Please see Professional Geotechnical Services Agreement for additional terms of this agreement) TOTAL ESTIMATED COST $4,164.00 II. Contract documents. The following do.cuments form part of this Agreement and are incorporated herein by referral: A. Professional Geotechnical Services Agreement. B. Universal Proposal Dated: October 301 2009. C. Plans, reports, specifications and/or other documents provided by the Client prior to this Agreement date. D. Other exhibits marked and described as follows: ______ In the event of any inconsistency or conflict among Contract Documents, the provision in the Contract Document first listed shall govern. Ill. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged, please indicate where, below: Social Security Number or Firm: Federal Identification No.: Address: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by duly authorized representatives: UNIVERSAL ENGINEERING SCIENCES, INC. CLIENT ~~rtificate of Autu~ BY (Signature) ______(Signature) TYPED TYPED NAME NAME Brad Faucett, P.E. TITLE TITLE Regional Engineer DATE DATE October 30, 2009 RETURN ONE EXECUTED COPY TO UNIVERSAL ENGINEERING SCIENCES, INC. 820 BREVARD AVENUE• ROCKLEDGE, FLORIDA 32955 TELEPHONE: 321-638-0808/FACSIMILE: 321-638-0978 UNIVERSAL ENGINEERING SCIENCES, INC. PROPOSAL FOR A SUBSURFACE EXPLORATION Oslo Road Paving and Parking Lot Vero Beach, Indian River County, Florida Proposal No. 1930.1009.00001 GENERAL NOTES: 1. You will only be invoiced for work actually performed, at our contractual unit rates. 2. We have made a good faith effort to work with you to develop a work scope and fee estimate. Due to the possibility of unknown underground conditions to be encountered and/or the need for additional services, we recommend that you budget a contingency equal to 15% of the total fee estimate. Any service required to be performed outside of the scope of work indicated in this proposal (e.g. additional borings or boring depths, etc.) will be invoiced at our contractual unit rates. Authorization will be obtained before any such additional services are performed. 3. This investigation does not include any retention area or exfiltration trench analysis or design. 4. This cost estimate does not include applicable state and local taxes, if any. 5. Universal will not take responsibility for damages to underground services or structures. These structures are to be mapped in the field by the appropriate agencies prior to the commencement of our field work. We can provide these services at an additional charge, if requested. 6. If the estimated wet season groundwater level is to be referenced to sea level datum or NGVD, either a detailed topographic survey sheet will be required, or elevation readings by an experienced surveyor at the borehole locations must be provided to us. 7. The prices in this proposal will remain effective for 90 days from the date of proposal. 8. Three (3) copies of the final report are included in this cost estimate. Additional copies will be issued at $25.00 per copy. 9. If groundwater contamination is encountered and casing of boreholes to the top of any confinement layer is required, then it shall be billed at a rate of $35.00 per lineal foot. 10. Soil samples will be retained at our laboratory for a period of 60 days, after which the samples will be discarded. 11. This proposal assumes that the site is accessible to our ATV mounted drilling rig. Clearing costs are not included. Eag Universal Engineering Sciences, Inc. 820 Brevard Avenue*Rockledge, Florida 32955 Phone: (321) 638-0808 * Fax: (321) 638-0978 Report Distribution Information As a member of your project team, Universal Engineering Sciences will strive to provide our services with a primary focus on understanding and delivering each of your project needs. To assist us in timely reporting and invoicing, we request the following distribution information for our files, prior to project initiation: Proiect Name: Client Name: Permit/Work Order/PO No: Field Contact Name: I Phone: Client Address: Client E-mail address: *Reports will be available on a file sharing website in lieu of mailing or e-mailing. Please refer to E-reports instruction page for directions. Additional conies of the renorts should be distributed to: Comnanv Name/ Attention: E-mail Address: Mailina Address: Phone: I Fax: Tyne of Reports: • ALL I • Concrete I • Soils I • Asphalt I • Inspections Companv Name/ Attention: E-mail Address: Mailinn Address: Phone: I Fax: T·-e of Renorts: • ALL I • Concrete I • Soils I • Asphalt I • Inspections Comnanv Name/ Attention: E-mail Address: Mailina Address: Phone: I Fax: T•me of Renorts: • ALL 7 • Concrete l • Soils I • Asphalt I • Inspections Comnanv Name/ Attention: E-mail Address: Mailinn Address: Phone: I Fax: T•-e of Renorts: • ALL I • Concrete I • Soils I • Asphalt I • Inspections Please note below anv additional distribution reauirements: Distribution confirmation nerformed bv Sinnature: Date: This transmittal is a confidential document. Should this document be received in error, please contact Universal Engineering Sciences at (321) 638-0808. 100 U.n1.ersa IIJ!!IJ .... IE-- .· · n91neer1n9 l!!!i .. ~-, is going green ~ with electronic reporting 1: Provide Universal with the project team contact information for each project. Project Team Contact Information - Name, company, address, phone number, and email address of each member to receive reports. Report Type Distribution - All; Asphalt, Concrete, Soils, Steel, PPI, MEP, Threshold Inspections, General Inspections, Misc. 2: Email Notifications - The following notifications are what you and your project team will receive. First time New User Notification - Notification with a login link as well as your Username (user's email address) and a system assigned password. Web Mail Notification - Digitally authenticated reports are posted to our web site immediately after they are signed. An alert notification with a link to the web site is sent to you when new digitally authenticated reports are available on your project web site. Website access is guaranteed for a period of no less than 3 years following the completion of the project. Universal also retains all reports electronically for a minimum of 8 years following the completion of the project, 3: Log in to Web Site - Click on the link provided in the notification to get to the E-Reports Login page using your email address as your User ID and the system assigned password. 4: Click on the Project Name Link - Click on the Project Name link for a list of all project related reports to date. Click on the Report Number link to open up the PDF. You have the ability to do any of the following on the project web site: • - Select report(s) and EMAIL to others that are not on the distribution team. - DOWNLOAD selected reports to your directory as individual PDF's. - Search for specific results using the naming conventions (found in the E-Reports Website) 5: Universal will still mail, fax and email reports if specifically requested at any time during the project. ----·-·---' If you have any questions about E-Reports, please contact us at 321-638-08081 01 UNIVERSAL ENGINEERING SCIENCES, INC. Geotechnical Engineering • Environmental Sciences Construction Materials Testing • Threshold· Inspections Private Provider Building Inspections acksonville St. Augustine Palm Coast Daytona Beach "Serving Orange City the Southeast11 I •West Palm I !Miami ATLANTA,GA GAINESVILLE, FL ORLANOO,FL SARASOTA, FL 3040 Business Park Drive, Suite F 4475 SW 35th Terrace CORPORATE HEADQUARTERS 1748 Independence Blvd., Norcross, GA 30071 Gainesville, FL 32608 3532 Maggie Blvd. Suite B-1 P: (770) 242-6438 P: (352) 372-3392 Orlando, FL32B11 Sarasota, FL 34234 F:(770f242-6980 F:(352) 335-7914 P:(407) 423-0504 P:(941)358-7410 ScottThomson, MS, PE Keith Butts, PE F: (407) 423-3105 F:(941)358-7353 R. Kenneth Derick, MS, PE Robert Gomez, PE DAYTONA BEACH, FL JACKSONVILLE, FL 911 Beville Road,Sulte 3 5551 Florida Mining Blvd.So. PALM COAST, FL ST.AUGUSTINE,FL South Daytona, FL 32119 Jacksonville, FL 32257 4Hargrove Grade,Suite A 3501-B N.Poncede Leon Blvd. P: (386) 755-1105 P: (904) 295-0757 Palm Coast, FL 32137 PMB319 F: (386) 76o-4067 F:(904) 295-0748 P: (386) 985-2122 St Augustine, FL 32084 Brian Pohl, PE Darrell Setser, MS, PE F: (386) 985-2095 P: (904) 797-7182 Matt Mcleer, PE F:(904) 797-7185 · ORANGE CITY. FL LEESBURG, FL Darrell Setser, MS, PE 2578 Enterprise Road.Suite 348 1501 Griffin Rd.Suite A PANAMA CITY, FL Orange City, FL 32763 Leesburg, FL 34748 1712 Airport Road TAMPA,FL P: (386) .568-, 1557 P:(352) 787.,0060 Panama City, FL 32405 9802 Palm-River Road F: (386) 668-1778 F:(352) 787-2174 P:(850) 215-2060 Tampa, FL 33619-4438 Brian Pohl, PE Jordan Roberts, El F:(850) 215.2350 P:(813) 740-8505 Bill Lawrence, PE F:(813) 740-8706 FORT MYERS, FL MIAMl,FL Mark Hardy, PE 5971 Country Lakes Drive 451 NE 189th Street PENSACOLA, FL Fort Myers, FL 33905 Miami, FL 33179 1985 Cope Lane WEST PALM BEACH, FL P: (941) 637-8488 P: (305) 249-8434 Pensacolat FL 32526 1818 7th Avenue N.,Unit 1 F:(239) 313-2347 F: (305) 249-8479 P: (850) 944-5555 Lake Worth, FL 33461 Lindsey Weaver, PE Peter Delgado, GC F:(850) 944-5885 P: (561) 540-6200 Bill Lawrence, PE F: (561) 540-6242 FORT PIERCE, FL OCALA,FL Peter G. Rea_d, PE 803 South Kings Highway 1417 SW 15th Avenue ROCKLEDGE, FL Ft Pierce, FL 34945 Ocala, FL 34471 820 Brevard Avenue P: (772) 461-9815 P: (352) 401 ·9633 Rocldedge,FL 32955 F:(772) 461-9816 F: (352) 401-1835 P:(321) 638-0808 Allen Wasson Guy Rabens, MS, PE F:(321)638-0978 Richard Hoaglin, PE 11The Universal Family: Focused on Your Needs11 102 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director b'f:>< Department of Emergency Services DATE: October 27, 2009 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. Itis respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the 800 MHz radio system project in 1996, the Board of County Commissioners has approved a series contracts with Communications International, Inc. to provide backbone/infrastructure maintenance for the 800 MHz communications system. The approved contract for FY-2005/06 (Contract Number CII-05-818) provided for renewal or extension ofthe contract in one (1) year increments for a total offive (5) years upon mutual consent of the parties and a price adjustment based on the Consumer Price Index (CPI). Given the current economic conditions, the County and Communications International, Inc. have agreed to a renewal agreement with no increase 1n costs. The terlns and conditions ofthe agreement will remain that same during this contract year. The proposed FY-2009/2010 renewal contract for the commi,mications system backbone/infrastructure maintenance totals $223,621.32 ($18,635.11 per month). FUNDING: This is a one (1) year renewal ofthe maintenance contract for the 800 MHz Communications System. FY-2008/2009 Maintenance Agreement $223, 621.32 FY-2009/2010 Proposed Renewal Agreement 223, 621.32 Increase/Decrease 0.00 Funding for the communications system backbone/infrastructure maintenance contract is included in the FY-2009/2010 Communications/Emergency Services (001-107) budget. The projected amount in the approved budget is $224,159.93. Approving this agreement as presented provides a savings of $538.61. 103 the approved budget is $224,159.93. Approving this agreement as presented provides a savings of $538.61. RECOMMENDATION: Staff recommends approval of the renewal ofthe referenced contract with funding provided from the Communications/Emergency Services budget. ATTACHMENTS: 2005/2006 Master Service Agreement Backbone/Infrastructure Equipment Maintenance Contract 2009/2010 Attachment "D" Maintenance Cost for Backbone APPROVED FOR AGENDA lndfan mver Co. Legal FOR: November 10, 2009 Budget Dept. Risk Mgr. General Svcs. 104 ACORD I DATE (MMIDDMYYY) TM. CERTIFICATE OF LIABILITY INSURANCE 11/06/2009 PRODUCER Phone: (772) 562·3369 Fax: (772) 562-3466 HILB ROGAL & HOBBS OF FLORIDA, INC. - VERO BEACH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 204514TH AVE. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBOX130 ALTER THEcnv...... E AFF,...... OED BY ...... POLICIES BEL w. VERO BEACH FL 32961 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: VALLEY FORGE INSURANCE COMMUNICATIONS INTERNATIONAL, INC. INSURER B: TRANSPORTATION INSURANCE CO. 4450 U 5#1 VERO BEACH FL 32967 INSURERC: INSURER D: INSURERE: COVERAGES THE POLIC!ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOV\N MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~~t TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE t:: DATE /MM/DD= LIMITS GENERAL LIABILITY - U 2091594430 10/14/09 10/14/10 EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY 0/IMAGE TO RENTED ' PREMISES /Ea occurence) 300,000 f--+-~I CLAIMS MADE[!] OCCUR MED. EXP (Any one person) ' 5,000 A PERSONAL & ADV INJURY ' 1,000,000 f---- GENERAL AGGREGATE '$ 2,000,000 GEN'LAGGREGATE LIM!T APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 n POLICY n r;;g n LOC AUTOMOBILE LIABILITY ~ 1073678791 10/14/09 10/14/10 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ' 1,000,000 ALL OWNED AUTOS BODJL Y INJURY (Per person) X SCHEDULED AUTOS A ' HIRED AUTOS x BODILY INJURY -x NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ {Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ RANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS f UMBRELLA LIABILITY 2077252892 10/14/09 10/14/10 EACH OCCURRENCE 5,000,000 0 OCCUR • CLAIMS MADE AGGREGATE $ 5,000,000 B $ 17 DEDUCTIBLE lxi RETENTION $ 10,000 ' WORKERS COMPENSATION AND 1073696742 10/14/09 10/14/10 ' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 A ~~~:~~~i~~~m~~cUTIVE E.L. DISEASE-EA EMPLOYEE $ 1,000,000 LI yes, describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 OTHER: GARAGEKEEPERS LIABILITY C1073678791 10/14/09 10/14/10 LIMIT $435,000 A COMP DED $2500 COLL DED $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS PROJECT: RADIO EQUIPMENT MAINTENANCE CONTRACT# Cll-05-818 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MA!L 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, 1rs INDIAN RIVER COUNTY AGENTS OR REPRESENTATIVES. 1800 27TH AVENUE AUTHORIZED REPRESENTATIVE VERO BEACH, FL 32960 Attention: [email protected] ACORD 25 (2001/08) Certificate # 123674 @ACORD CORPORATION 1988 105 COMMUNICATIONS INTERNATIONAL, INC. Master Service Agreement Between Communications International Incorporated And Indian River County Contract Number CII-05-818 106 Table of Contents ~ Title 1.0 Definitions 2.0 Scope ofWork 2 3.0 Term of Agreement 2 4.0 Prices and Terms of Payment 2 5.0 Extra Charges 3 6.0 Miscellaneous Terms 3 7.0 Response Time 4 8.0 Title, Risk of Loss and Claims 4 9.0 Force Majeure 4 10.0 Cancellation 4 11.0 Warranties 4 12.0 Work Sites 5 13.0 Indemnifications 5 14.0 Insurance 6 15.0 Notices 6 16.0 Waiver of Terms and Conditions, Survival 6 I 7.0 Partial Invalidity Headings 7 18.0 Order of Precedence 7 19.0 Entire Agreement and Modification 7 20.0 Notice of Certain Laws 7 21.0 Governing Laws and Venue 7 22.0 Adjustments, Modifications, and Amendments 8 23.0 Default 8 24.0 Substitution 9 Attachments A Scope of Work B Demand Services Rates C Purchasing Agreement D System Equipment List and Pricing E Certificate of Liability Insurance 107 Master Service Agreement THIS AGREEMENT is made and entered into as of this 18th day of August, 2005 by and between COMMUNICATIONS INTERNATIONAL, INC., a Florida corporation, hereinafter called "CII" and INDIAN RIVER COUNTY, Florida hereinafter called "The County" and effective the 1st day of October, 2005. The number ofthis Agreement shall be CII-05-818. Recitals: WHEREAS, CII currently provides certain Products and Services in relation to two-way radio communications within the boundaries of State of Florida; and WHEREAS, The County desires to subcontract the purchase of these Products and Services described herein from CII; and . WHEREAS, the Parties wish to establish terms, conditions and pricing under which the particular Products and Services will be purchased by The County. NOW, THEREFORE, for and in consideration of the prices negotiated and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, CII and The County hereby agree as follows: 1.0 Definitions (A) "Parties" shall mean, collectively, CII and The County. (B) "Products" shall mean that equipment, accessories and miscellaneous items CII offers for sale to The County at negotiated pricing as stated within this Agreement. (C) "Services" shall mean those services to be provided by CII to The County pursuant to this Agreement but not limited to, maintenance, support services, installations, training, labor, and testing. (D) "Software" means those Product(s) or portions thereof consisting of computer software programs, software utilities, and source code or object code. (E) "Fixed Equipment" is defined as the site repeater stations and associated equipment, multi-site coordinator, console electronic equipment and radio control stations and as otherwise specified described as Fixed Equipment in this Agreement. (F) "Mobile Equipment" is defined as all vehicular mounted radios, personal portable radios, vehicular repeaters and portable radio chargers and as otherwise specifically described as Mobile Equipment in this Agreement. (G) "Professional Services" are defined as service requests in this Agreement. - 1 - 108 I (H) "Working Hours" are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding Holidays unless otherwise defined within this Agreement. Services performed outside of Working Hours shall be defined as "Emergency Services". 2.0 Scope of Work CII agrees to maintain the ability to provide the Products and the Services set forth in this Agreement and to provide the Products and Services described herein to The County including Emergency Services and Professional Services. The County agrees to purchase these products and services from CII as needed, in accordance with the terms and conditions of this Agreement. Please reference Attachment A, Scope of Work, as a guideline for services performed under this agreement. 3.0 Term of Agreement This shall be a one (1) year contract with a four (4) year renewal option upon mutual consent of the County and CII in writing, ninety (90) days prior to each one (1) year expiration date. If no documentation is received from the County prior to the renewal date, the contract will automatically renew for the next one (1) year period. The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal. The adjustment factor used to create price adjustments up or down for each unit price proposed is as follows: Previous 12 month CPI-U South Urban = CPI Adjustment Current year CPI-U South Urban This Agreement may be terminated by either party at will, with or without cause, upon not less than ninety (90) days notice in writing by overnight delivery, personal delivery, or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. This Agreement will expire in the event that the Owner does not appropriate the funds for renewal. 4.0 Prices and Terms of Payment (A) The prices to be charged by CII for Professional Services and Emergency Services are set forth in Attachment B. (B) The prices to be charged by CII for the sale of service parts are set forth m Attachment C. (C) The prices to be charged for System Preventative Maintenance are set forth in Attachment D. - 2 - 109 (D) Professional and Emergency Services and purchase of all service parts will be in accordance with Florida Statutes 218.70, et seq., "Prompt Payment Act". (E) Notwithstanding the foregoing, CII may invoice The County for services performed as completed. The invoice shall contain The County's purchase order number and description of services including quantity, if any. The County will make timely payment to CII, i.e., no more than 45 days from date of receipt of an invoice. During the month of September (the last month of The County's fiscal year), CII shall submit to The County, all work orders for services performed during the month of September. Each work order shall be submitted by CII to The County within 48 hours after the work order is completed. CII shall submit all invoices to The County, for work performed during The County's fiscal year (October 1 to September 30) no th later than October 15 . The County will consider invoices received after October 15th for services completed prior to September 30th, invalid and not payable. 5.0 Extra Charges No extra charges of any kind will be allowed unless specifically agreed to in writing from both parties. 6.0 Miscellaneous Terms (A) Professional Services, including the installation, removal, or reinstallation of equipment, shall be performed by CII, following reasonable notice to The County, and at the hourly rates listed in Attachment B. (B) In addition to the Services specified in this Agreement, The County may order other work to be provided by CII including specially designed work or services otherwise not in conformity with this Agreement. Within ten (I 0) business days of receipt of a Special Requirements Order, CII will furnish The County with a proposal to fill such Order including price and delivery time. The County may accept or reject any such proposal within ten (10) business days of receipt; any proposal not specifically accepted will be deemed rejected on the eleventh business day after receipt. (C) Purchase orders issued in compliance with this Agreement, other than Special Requirements Orders, shall be deemed accepted upon receipt by CII. Special Requirements Orders shall be deemed accepted by CII upon receipt of The County's acceptance ofCII's proposal. (D) Unless otherwise specifically agreed to in writing between CII and The County, the terms and conditions of this Agreement shall take precedence over any accepted purchase order issued after the date of this Agreement, in conformance with Article 18 of this Agreement. (E) The County agrees to notify CII immediately if, at any time, it appears the Services and requirements set forth in this Agreement may not be ·satisfied. Such notification shall include the reasons for any anticipated delay (including, but not limited to, the reasons set forth in Section 9.0, Force Majeure) and the proposed schedule in which - 3 - 110 The County shall resume compliance. The County agrees that it shall, at its own expense, exert every reasonable effort and talce other actions as may be necessary to meet the requirements of this Agreement. 7.0 Response Time Response time is per scheduled event as defined in Attachment A (Scope of Work) of this Agreement. 8.0 Title, Risk of Loss and Claims The County must make any claims against CII shortages in quantities shipped or deficiencies in services rendered within ninety (90) days from the date of delivery or invoice of such material or services. 9.0 Force Majeure CII will not be considered in default or liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises directly or indirectly out of an act of nature, war, strikes, lockouts, trade disputes, fires, quarantine restrictions, Governmental action or by causes beyond the reasonable control of CII. In such event, any obligation of CII under this Agreement will be postponed until the cause underlying the force majeure has been eliminated at which time the obligation will again be in effect. Any loss of time by the force majeure will not be held against CII who was unable to comply with its obligations under this agreement because of the force majeure. CII shall immediately notify The County in writing if a force majeure event delays performance and shall state the revised date for performance. 10.0 Cancellation This Agreement may be terminated by either party at will, with or without cause, upon not less than ninety (90) days notice in writing by overnight delivery, personal delivery, or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. 11.0 Warranties (A) CII warrants that all Services performed hereunder shall be free from defects in materials and workmanship and shall be the kind and quality necessary to assure performance of the equipment in accordance with the terms of this Agreement. (B) Except as set forth above in this Section, CII makes no warranties, express or implied, relating to the equipment including, without limitation, the warranties of merchantability or fitness for a particular purpose of the equipment. The manufacturer's warranties will apply in this case. -4- 111 12.0 Work Sites Work under this Agreement which involves operations by CII on the premises of The County, CII shall take all necessary precautions to prevent the occurrence of any injury to person or property during the progress of such work and CII shall maintain such Public Liability Property Damage and Employee's Liability and Compensation Insurance as well as protect The County from said risks and from claims of any kind including, but not limited to, claims under any applicable Worker's Compensation and Occupational Disease Acts. 13.0 Indemnifications (A) CII hereby agrees that CII shall indemnify and save harmless The County from any and all liability, claims, damages, expenses, including attorney's fees, proceedings, and causes of action of every kind and nature, including losses incurred or suffered in consequences either of bodily injury to any person or damage to any property, arising out of or connected with any act or omission of CII, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Agreement. CII further agrees that it shall, at its own expense, defend any and all claims, suits, or proceeding, which may be brought against The County in connection with CII. This includes, such acts or omissions of any of its employees, agents or subcontractors, and shall satisfy, pay and discharge any and all judgments that may be entered against The County in any such action or proceeding. 14.0 Insurance (A) During the term of this Agreement, CII shall maintain all insurance coverage required pursuant to applicable state and federal laws, including worker's compensation insurance. In addition, CII shall purchase and maintain, in a company (or companies) lawfully authorized to do business as an insurer in the State of Florida, liability insurance for protection against personal injuries, deaths, and property damages, arising from or in any manner occasioned by the acts or omissions of CII or anyone directly or indirectly employed by CII, with The County designated as the named insured in a minimum amount of one million dollars ($1,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate. Such insurance policy or policies shall provide that the insurance coverage may be reduced, canceled, or terminated by the insurance company or CII without providing written notice to The County not less than thirty (30) days in advance of the reduction in coverage, cancellation, or termination of the insurance policy or policies. The Certificate of Insurance is Attachment D of this agreement. (B) CII shall not be relieved of any liability assumed pursuant to this Agreement (Indemnification) by reason of its failure to secure and mair,tain insurance as required by this Section. - 5 - 112 15.0 Notices All notices or requests required to be given hereunder and all other communications related to this Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, sent by certified or registered mail return, receipt requested, or commercial overnight delivery courier service (such as Airborne Express or Federal Express) as follows: Ifto CII: Communications International, Inc 4450 U.S. Highway 1 Vero Beach, FL 32960 Attn: Customer Service Ifto The County: Indian River County Emergency Services 1840 25th Street Vero Beach, Florida 32960-3365 16.0 Waiver of Terms and Conditions, Survival (A) The failure of CII or The County in any one or more instances to insist upon performance of any of the terms and conditions of this Agreement, or to exercise any right or privilege contained in this Agreement or the waiver of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terms, conditions, rights or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred. (B) Either Party's obligations under this Agreement which by their nature would continue beyond the termination, expiration or cancellation of this Agreement shall survive termination, expiration, or cancellation of this Agreement including, but not limited to, warranties, indemnity, and limitation of liability. 17 .0 Partial Invalidity, Headings (A) If any term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding same, this Agreement shall remain in full force and effect and such term of provision shall be deemed stricken. (B) The heading of each section of this Agreement is provided for convenience only. If any conflict of interpretation arises between a heading and the text, the text will control. - 6 - 113 18.0 Order of Precedence Any inconsistency between this Agreement, Purchase Order Releases, the specifications and other documents will be resolved by giving precedence to those documents in the following order, with the document to be given greatest precedence listed first: 1) Purchase Orders with non-standard terms and conditions accompanied by a mutually approved Statement of Work. 2) This Agreement and Attachments. 3) Purchase Orders with standard terms and conditions. 19.0 Entire Agreement and Modification This Agreement and the attachments hereto and made a part hereof sets forth the entire Agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification, or waiver of any provisions of this Agreement or consent to any departure there from shall be effective unless in writing signed by duly authorized officers of both parties. 20.0 Notice of Certain Laws The laws of the State of Florida impose civil and misdemeanor criminal penalties for violation of purchasing guidelines. In addition, the laws of the State of Florida impose felony penalties for bribes, gratuities, and kickbacks. 21.0 Governing Laws and Venue The laws of the State of Florida shall govern the interpretation, administration, and enforcement of this Agreement entered into by and between CII and The County. Any and all legal action brought to enforce to interpret this Agreement s)lall be brought and maintained in the appropriate state court in Indian River County, Florida. 22.0 Adjustments, Modifications, and Amendments (A) Should The County and CII mutually agree to a change in the scope of the program during the term of this Agreement, CII will be allowed to change the Agreement price up or down as indicated by the change in the scope of the Agreement. However, any amendment to this Agreement must be in writing and signed by The County, prior to such change being effective. (B) Changes in the provisions of this Agreement of Products and Services to be rendered under this Agreement may be made only in writing and must be approved mutually by an authorized agent ofCII and by The County. -7- 114 (C) CII shall give full attention to the faithful execution of this Agreement, shall keep this Agreement under its control, and shall not by power of attorney or otherwise assign this Agreement to any other party without the prior written approval of The County which may be unreasonably withheld. (D) If Products to be furnished or Services to be provided pursuant to this Agreement are abandoned or delayed by CII, or anytime The County is of the opinion that Products to be furnished or Services to be provided have been abandoned or delayed by CII, The County may terminate this Agreement or any part thereof if CII fails to resolve the matter within three (3) days of receipt of written notice of delay or abandonment from The County of its designee. (E) Should laws change requiring additional Services or significant changes in cost, CII and The County will negotiate an equitable price increase. The reverse will hold true should laws change requiring fewer Services or reductions in cost, in which case CII and The County will negotiate an equitable price reduction. (F) During the term of this Agreement, CII shall furnish all the Services specified in this Agreement. CII understands and agrees that this is a requirements Agreement and that The County has no responsibility or obligation to CII to assist in providing the required services. 23.0 Default This Agreement may be canceled or annulled by The County in whole or in part by written notice of default provided to CII upon non-performance or violation of Products or Services described herein. In such an event, article specified may be purchased on the open market similar to those so terminated. Failure of CII to deliver goods within the time stipulated in this Agreement, unless extended by The County or his designee, such as the Administrative Director of the Indian River County, shall constitute a default. 24.0 Substitution This Agreement and the attachments hereto and made a part hereof sets forth the entire Agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification, or waiver of any provisions of this Agreement or consent to any departure there from shall be effective unless in writing signed by duly authorized officers of both parties. -8- 115 IN WITNESS WHEREOF, Communications International, Inc. and The County have caused this Agreement to be signed as of the dates set forth below. / Title: Vice President , Date: cf/4r/2aos: I I Indian River County By: Cb .'.':l / c,_,,J__ Name: Thomas s I owtber, Cba i rmao Date: September 13, 2005 APPROVED -9- 116 Attachment A Scope of Work I. SITE OF WORK: Fixed equipment maintenance shall occur at the site of the equipment installation where located in the Indian River County, Vero Beach, Florida. Mobile and portable equipment will be repaired at the agreed upon repair facility. II. SERVICE: Service shall be defined as repairs to all equipment specified herein as a result of normal operational failures. The communications equipment covered by this contract will not be limited to any brand of manufacturer's equipment. It shall cover full maintenance of all communications type equipment identified herein that is owned and purchased and listed for maintenance coverage on attached "Attachment B". CII shall not be liable for costs incurred for repair and/ or replacement of equipment that becomes inoperative due to negligence on the part of the user, liquid intrusion, lightning damage, user installations, user removals, and/or acts of God. Any component parts replaced because of abuse on the part of the user can be returned to the County for examinations. CII shall not be liable for costs incurred for correcting and/or repairing backbone damage and/or data q:irruption caused by improper operations or failure of associated systems. Associated systems are defined as any equipment used in the operations of the Radio System that is not direetly maintained by CII. CII shall not be liable for costs incurred by maintenance that is being performed on associated systems that cause damage and/or failure of backbone operations. 117 II. CONTRACTOR FACILITES: CII shall also maintain properly equipped mo bile service units capable of diagnostics and repairs. Maintenance and repair work from the mobile service units will normally be limited to fixed equipment, but shall be capable of services to mobile units in field locations when deemed necessary. ill. ADDITIONS AND DELETIONS: The quantity of units to be maintained/serviced may be added to or subtracted from the contract while the contract is in force. New units purchased in any given budget year may be added to the contract in the month following the expiration date of the manufacturer's warranty. All units added to or removed ·from service in a particular month, will be added to or dropped from charges to the user the following month. A letter of authorization will be required to add to or delete from the "Exhibit B". All units are to be identified with LID#, serial number, and property number. IV. INSTALLATION AND REMOVALS: All installations and removals of equipment will be made in accordance with good engineering practices, as specified by the original equipment manufacturer. All installations and removals will be accomplished at CIT provided facilities during normal business operating hours. Exceptions to aforementioned hours to installation or removal of fixed equipment, aircraft units, disabled vehicles, or units deemed as special need by the County. V. COSTING AND HOURS OF SERVICE: Maintenance pricing is to be based on: A) Preventative maintenance/repair work to be accomplished during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday (excluding holidays). Repair or maintenance may be accomplished at other times as deemed necessary by CII and agreed to by the County. 1 118 B) All fixed equipment considered to be necessary to maintain public safety and listed on "Exhibit B" with twenty-four (24) hour coverage, will be maintained twenty-four (24) hours a day, seven (7) days a week. C) Repair work shall be performed as required and will take precedence over normal equipment preventative maintenance (preventative maintenance on backbone site excluded) . D) Preventative maintenance and repair work will normally be accomplished at the CII facility, with the exception of fixed equipment, which will be maintained/repaired at various locations throughout the County. Other exceptions would be any user equipment on "Exhibit B" having on site maintenance/repair included. E) Demand services rates based on current contract terms are normal office hours, Monday through Friday 8:00 a.m. to· 5:00 p.m. (excluding holidays). After hours and holidays rate is one (1) and one have (1/2) times the rates defined on Attachment B. (Certain restrictions apply). F) Repairs, installations, or removals on non-essential equipment performed after normal operating hours to be billed at fixed hourly rates or quoted pre negotiated rates. All non-essential maintenance and repairs to be contingent on CII scheduling and CII personnel availability. G) Costs of preventative maintenance and repair work shall include all parts, labor, and travel required. The following are not included as part of the maintenance/service contract: antennas, tower work, coax, installations, removals, or batteries. H) Repair of a trouble condition that has been declared of a critical nature shall not have work interrupted by the end of the designated business day of 5 :0Opm. 2 119 VI. EMERGENCY SERVICES: During a natural disaster, civil disturbance, or other county declared emergency, CII will be required to respond within two (2) hours after notification (nature of emergency permitting) by the Emergency Management Department and in accordance with ESP directives. Cost of service will be at the fixed after hours rate. VITI. DEFINITION OF WORK: CII shall repair, maintain, service, and perform preventative maintenance on all units as are listed on the "Exhibit B" as necessary and required to meet requirements of the County and factory specifications. For those pieces of communications equipment necessary to support public safety and listed on "Exhibit B" as being maintained twenty-four (24) hours a day, CII guarantees a two (2) hour response time for covered equipment, from the time a request is received from authorized personnel. CII takes responsibility for diagnosing system problems and taking corrective action. CII will be a "one call" point of contact to provide all services required to support the Town-wide RF system. CII will provide to the County Radio Manager a monthly report detailing repairs and maintenance performed on the primary system equipment over the previous thirty- (30) days. CII will also provide to the County a copy of the preventative maintenance schedule, which will be performed on the primary system equipment. Equipment not listed on "Attachment D" can be maintained or repaired at the current demand service rates as listed in "Attachment B": Costing and Hours of Service, paragraph E. Repairs not limited to manufacturer or models. All demand services limited to parts availability and manufacturer support. 3 120 Attachment B Contract Number en -05-818 Demand Service Rates Professional Service Rate Per Hour Support Staff $ 50.00 Cabler 53.00 System Installer 62.00 Maintenance Technician (Bench) 68.00 Site Manager 72.00 System Technician 72.00 Project Manager 85.00 RF Engineer 85.00 IT Engineer 93.75 Emergency Service Rate Rate* 1.5 Expense's Actual Lodging Actual Per Diem IRS Rate Travel Time Actual 121 Attachment C Contract Number CII -05-818 Purchasing Agreement CII would like to extend the current purchasing contract to Indian River Couoty and all departments and. agencies with-in. Pricing discouots for all M/A-Com manufactured service parts will be at the current Public Safety discouot level of 25% off the list price (M/A-Com Software and Legacy parts Excluded). List price would apply to the current list price published in the Private Radio Systems Products and Services Catalog. AU list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government" discouot levels. Discouots on all other manufactured equipment, custom equipment, and software not having published discouot levels to be quoted at the time of the request. All prices will be at best pricing offered to public safety agencies with in the confines of the State of Florida by CII. 122 Attachment D Indian River County GPS Simulcast System Maintenance Costs for Backbone October 1, 2005 - September 30, 2006 South Site Qty Unit Amount Monthly Amount Channels Mastr III Stations 15 $ 125.00 $ 1,875.00 Receiver Multicoupler with Tower Top Amp 1 110.00 110.00 !EA Alarm System 1 50.00 50.00 Simulcast Common Transmit Equipment 1 250.00 250.00 Mastr III Mutual Aid Channels 2 100.00 200.00 Intraplex Multiplexer 23.50 23.50 Total for South Site $ 2,508.50 Simulcast Control Point Qty Unit Amount Monthly Amount Channel Vertical GETC Control Point with Vertical Digital Voter, Digital Dispatch Interface, GPS Time Sync, Audio Distribution Rack 15 $ 105.00 $ 1,575.00 Intraplex Multiplexers 4 23.50 94.00 !EA Alarm System 50.00 50.00 Test and Aligmnent Rack 250.00 250.00 Site Controller with Down Links 1 293.00 293.00 DC Power System 1 295.00 295.00 Total For Simulcast Control Point $ 2,557.00 North Site Qty Unit Amount Monthly Amount Mastr Ill Stations 15 $ 125.00 $ 1,875.00 Receiver Multicoupler with Tower Amp I 110.00 110.00 !EA Alarm System 50.00 50.00 Simulcast Common Transmit Equipment 1 250.00 250.00 Mastr III Mutual Aid Channels 2 100.00 200.00 Intraplex Multiplexer 2 23.50 47.00 DC Power Supply System 1 240.00 240.00 Total for North Site $ 2,772.00 Fellsmere Site Qty Unit Amount Monthly Amount Mastr Ill Stations 5 $ 125.00 $ 625.00 Mastr III Mutual Aid Channels 2 100.00 200.00 Site Controller with Downlinks 293.00 293.00 Test and Alarm Unit 35.00 35.00 Receiver Multicoupler with Tower Top Amp 110.00 110.00 Intraplex Multiplexer 23.50 23.50 DC Power Supply System 240.00 240.00 Total for Fellsmere Site $ 1,526.50 8/19/2005 Page 1 of 3 IR backbone 2005-2006 Final 81905.xls 12 3 Attach men! D Indian River County GPS Simulcast System Maintenance Costs for Backbone October 1, 2005 - September 30, 2006 Dispatch Eguipment Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 9 $ 140.00 $ 1,260.00 IMC/CEC Switch l 705.00 705.00 * CTI with Terminal l 350.00 350.00 *DVIU 300.00 300.00 * MOM System 90.00 90.00 * System Manager 275.00 275.00 * CSD IRC/Admin 80.00 80.00 Netclock- GPS I 42.00 42.00 Intraplex Multiplexers- 8 23.50 188.00 Zetron Model 25 Encoders 5 25.00 125.00 Orion Remote Back-up Radios 5 24.00 120.00 Total for Dispatch Equipment $ 3,535.00 Hobart Site Mastr III Back-up Stations 15 $ 40.00 $ 600.00 Receiver Multicoupler with Tower Top Amp 110.00 110.00 Intraplex Multiplexer 23.50 23.50 Med 4 Station 35.00 35.00 Med 8 Station 35.00 35.00 VHF County Paging System Station 105.00 105.00 VHF EM/Fire Page Station 105.00 105.00 Total for Hobart Site $ 1,013.50 8/19/2005 Page 2 of 3 IR backbone 2005-2006 Final 81905.xls 12 4 Attachment D Indian River Connty GPS Simulcast System Maintenance Costs for Backbone October 1, 2005 - September 30, 2006 Additions to System in 2004 Qty Unit Amount Monthly Amount Intraplex Multiplexer 5 $ 23.50 $ 117.50 Tl Switches 8 24.00 192.00 Microwave Radios 10 110.00 1,100.00 IP Network Equipment 585.00 585.00 RI\.1ACS Mstr Ill Mutual Aid Repeaters~See note below* 100.00 Total for 2004 additions 1,994.50 Cost Per Site South Tower Site $ 2,508.50 Control Point 2,557.00 North Site 2,772.00 Fellsmere Site 1,526.50 Dispatch Equipment 3,535.00 Hobart Site 1,013.50 Add on Equipment 1,994.50 Monthly Subtotal $ 15,907.00 Total $ 190,884.00 RMACS Mstr Ill Mutual Aid Repeaters-See note below* 9 300.00 2,700.00 Total including 3 months of RMACS Maintenace $ 193,584.00 Discount for full payment 3%~ $ 5,808.00 Total with Discount $ 187,776.00 Fuel adjustment fee (adjusted annually) $ 450.00 Total with fuel adjustment $ 188,226.00 *RMACS equipment in warranty until June of 2006 Cost reflects (3) months Maintenance-JuJy,August and September of 2006. 9 x $100.00 = $900.00 x 3 = $2700.00 8/22/2005 Page 3 of 3 IR backbone 2005-2006 Final 81905 125 4450 US Highway I • Vero Beach, Florida 32967 • Telephone: (772) 569-5355 • Fax: (772) 567-2292 October 19, 2009 Radio Systems Manager Department of Emergency Services Indian River County 4225 43'd Avenue Vero Beach, FL 32967 Attn: Frances G. Sherwood Ref: Radio Equipment Maintenance Contact Number CIJ-05-818 Dear Mrs. Sherwood: Please find attached the reference contract renewal for 10/1/2009 thru 9/30/2010. Bob Stork spoke with Jason Brown on Friday, October 16, 2009 and they agreed on the renewal without any increase for this contract year. Also, Jason agreed to change the verbiage depicting on how and what CIP will be used in the future to determine increase and/or decrease each contract year. This will be forth coming to you with in the next few days. Please call or e-mail me if you have any questions. H.T.' Sonny" Dean Contract Administration [email protected] 126 ACORD I DATE (MMIDD/YYYY) TM. CERTIFICATE OF LIABILITY INSURANCE 11/06/2009 PRODUCER Phone: (772) 562-3369 Fax: (772) 562-3466 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION HILB ROGAL & HOBBS OF FLORIDA, INC.· VERO BEACH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2045 14TH AVE. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 130 "-LTEP THE cn11i:o,Ar.ai;: AeFnJ::1DED BY TUE POLICIES 9c1 W. VERO BEACH FL 32961 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: VALLEY FORGE INSURANCE COMMUNICATIONS INTERNATIONAL, INC. INSURERS: TRANSPORTATION INSURANCE CO. 4450 US #1 JNSURERC: VERO BEACH FL 32967 INSURER 0: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \1\'ITH RESPECT TO WHICH THfS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDJT!ONS OF SUCH POLICIES. AGGREGATE LIMITS SH0\11.N MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD"L TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION LIMITS C,R INSRC pgk~~.V,~~J~E DATE fMM/0"""" ~ERAL LIABILITY U 2091594430 10/14/09 10/14/10 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTEO COMMERCIAL GENERAL LIABILITY ' X PREMISES {Ea occurence) $ 300,000 I CLAIMS MADE[!] OCCUR MED. EXP (Any one person) 5,000 A PERSONAL & ADV INJURY '$ 1,000,000 ~ - GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIM!T APPLIES PER: PRODUCTS-COMP/OP AGG. 2,000,000 nPRO- n 7 POLICY JECT LOC ' AUTOMOBILE LIABILITY 1073678791 10/14/09 10/14110 COMBINED SINGLE LIMIT - (Ea accident) 1,000,000 - ANY AUTO ' ALL OWNED AUTOS BODILY INJURY (Per person) $ x SCHEDULED AUTOS A x HIRED AUTOS BODILY INJURY $ -x NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE (Per accident) ' GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ==l ANYAUTO OTHER THAN EAACC ' AUTO ONLY: AGG ' EXCESS/ UMBRELLA LIABILITY 2077252892 10/14/09 10/14/10 EACH OCCURRENCE ' 5,000,000 ~ OCCUR • CLAIMS MADE AGGREGATE ' 5,000,000 B ' ~ DEDUCTIBLE ' RETENTION$ 10,000 '$ WORKERS COMPENSATION AND 1073696742 10/14/09 10/14/10 l~RtTC~TS I j OTHER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,000,000 A ANY PROPRlETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE '$ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT 1,000,000 OTHER: GARAGEKEEPERS LIABILITY C1073678791 10/14/09 10/14/10 LIMIT $435,000 ' A COMP DED $2500 COLL DED $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS PROJECT: RADIO EQUIPMENT MAINTENANCE CONTRACT# CJl-05-818 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER V\llLLENDEAVORTO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR L!ABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. INDIAN RIVER COUNTY 1800 27TH AVENUE AUTHORIZED REPRESENTATIVE VERO BEACH, FL 32960 Attention: [email protected] ACORD 25 (2001/08) Certificate # 123674 127 4450 US Highway I • Vero Beach, Florida 32967 • Telephone: (772) 569-5355 • Fax: (772) 567-2292 October I, 2009 Radio Systems Manager Department of Emergency Services Indian River Connty 4225 43'' A venne Vero Beach, FL 32967-1671 Attn: Frances G. Sherwood Ref: Radio Eqnipment Maintenance Contract Number Cil-05-818 Dear Mrs. Sherwood: The referenced contract will automatically renew for one year in accordance with paragraph 3-A of the agreement uoiess one of the parties to the contract notifies the other party at least ninety (90) days prior to the annual expiration date of September 30 of each year. Since a notice was not received from Indian River Couoty, Communications International, Inc. (CII) is presenting this renewal notice along with the required information for confirmation of the agreement terms. Prices will not increase nor decrease for the 2009 - 20 IO contract year. Terms and Conditions will remain the same during the contract year. The services provided will be for the communications equipment listed in the attached ATACHMENT "D" of this renewal notice from 10/1/2009 through 9/30/2010. The total amouot of this Maintenance Contract is $18,635.11 monthly or $223,621.32 annually. Sincerely, A Robert Wm. Stork CEO/Owner Attachments: ATTACHMENT "D" 128 ~MMUNICATIONS ~!.! INTERNATIONAL, INC. ORIGINAL 4450 US Highway 1 Agreement# Vero Beach, FL 32967 Customer# IRC13088 772-569-5355 Fax: 772-567-2292 Indian River County Emergency Services Bill To: Indian River County Emergency Services Radio Systems Manager Radio Systems Manager 1840 25th Street 1840 25th Street Vero Beach, FL 32960 Vero Beach, FL 32960 772-567-3160 Contract# Cil-05-818 Purchase Order# Covered Period: October 1, 2009 - September 30, 201 O South Tower Site 2008 South Urban Cpi 2009 Qty Unit Amount 4.60% Unit Amount Monthly Amount Channels Mastr Ill Stations 15 $ 132.79 6.11 $ 138.90 $ 2,083.50 Receiver Multicoup!er with Tower Top Amp 116.85 5.38 122.23 122.23 IEA Alarm System 53.11 2.44 55.55 55.55 Simulcast Common Transmit Equipment 292.17 13.44 305.61 305.61 Mastr Ill Mutual Aid Channels 6 106.23 4.89 111.12 666.72 lntraplex Multipliers 3 24.96 1.15 26.11 78.33 Microwave Radios 5 106.17 4.88 111.05 555.25 T1 Switch 4 24.96 1.15 26.11 104.44 Total for South Site $ 3,971.63 Simulcast Control Point Qty Unit Amount Monthly Amount Channel Vertical GETC Control Point 15 $ 111.54 5.13 116.67 $ 1,750.05 lntraplex Multipliers 4 24.96 1.15 26.11 104.44 I EA Alarm System 53.11 2.44 55.55 55.55 Test and Alignment Rack 265.57 12.22 277.79 277.79 Site Controller with Down Links 25.00 1.15 26.15 26.15 DC Power System 313.37 14.42 327.79 327.79 IP Network Equipment 621.42 28.59 650.01 650.01 Total for Simulcast Control Point $ 3,191.78 North Tower Site Qty Unit Amount Monthly Amount Mastr Ill Stations 15 $ 132.79 6.11 138.90 $ 2,083.50 IEAAlarm System 1 53.11 2.44 55.55 55.55 Simulcast Common Transmit Equipment 265.57 12.22 277.79 277.79 Mastr Ill Mutual Aid Channels 6 106.23 4.89 111.12 666.72 lntraplex Multipliers 4 24.96 1.15 26.11 104.44 Page 1 of 3 129 ORIGINAL DC Power Supply System 1 $ 254.94 I 1.73 266.67 $ 266.67 T1 Switch 4 26.56 1.22 27.78 111.12 Microwave Radios 5 116.85 5.38 122.23 611.15 Total for North Site $ 4,176.94 Fellsmere Tower Site Qty Unit Amount Monthly Amount Mastr Ill Stations 5 $ 132.97 6.11 139.08 $ 695.40 Mastr Ill Mutual Aids Channels 6 106.23 4.89 111.12 666.72 Site Controller with Downlinks 1 25.00 1.15 26.15 26.15 Test and Alarm Unit 37.18 1. 71 38.89 38.89 Receiver Multicoupler with Tower Top Amp 116.85 5.38 122.23 122.23 lntraplex Multipliers 2 24.96 1.15 26.11 52.22 DC Power Supply System 1 254.94 I 1.73 266.67 266.67 Total For Fellsmere Site $ 1,868.28 Dispatch Equipment Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 10 $ 148.71 6.84 155.55 $ 1,555.50 JMC/CEC Switch 1 748.90 34.45 783.35 783.35 *Microwave Alarm PC 25.00 1.15 26.15 26.15 "CTI with Terminal 371.79 17.10 388.89 388.89 *DVIU 318.67 14.66 333.33 333.33 *MOM System 95.60 4.40 100.00 100.00 *System Manager 292.13 13.34 305.47 305.47 *CSD IRC/Admin 1 84.98 3.91 88.89 88.89 Netclock -GPS 2 44.61 2.05 46.66 93.32 lntraplex Multipliers 8 24.96 1.15 26.1 I 208.88 Zetron Mode! 25 Encoders 5 26.56 1.22 27.78 138.90 Orion Remote Back-up Radios 9 25.49 1.17 26.66 239.94 Total for Dispatch Equipment $ 4,262.62 Hobart Tower Site Qty Unit Amount Monthly Amount Mastr tlf Back-up Stations 15 $ 42.50 1.96 44.46 $ 666.90 Receiver Mu!ticoupler with Tower Top Amp 1 116.85 5.38 122.23 122.23 lntraplex Multiplier 24.96 1.15 26.11 26.11 Med 4 Station 37.18 1.71 38.89 38.89 Med 8 Station 37.18 1.71 38.89 38.89 VHF County Paging System Station 111.54 5.13 116.67 116.67 VHF EM/Fire Page Station 111.54 5.13 116.67 116.67 Total for Hobart Site $ 1,126.36 Page 2 of3 130 ORIGINAL Cost Summery: Monthly Totals South Tower Site $ 3,971.63 Simulcast Control Point 3,191.78 North Tower Site 4,176.94 Fellsmere Tower Site 1,868.28 Dispatch Equipment 4,262.62 Hobart Tower Slte 1,126.36 Fuel Adjustment fee 37.50 Total Monthly Maintenance for Sites: $ 18,635.11 Total Annual Maintenance: $223,621.32 Page 3 of 3 131 CONSENT AGENDAf?K. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Division of Facilities Management Date: November 5, 2009 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Thomas W. Frame, General Services Director ,,--/4,0 ,J.,~ From: Lynn Williams, Facilities Manager/Project Manager Subject: IRC Sheriffs Administration Underground Fuel Tanks GeoSyntec Consultants Work Order #21 Increase Budget Amount BACKGROUND: The Board of County Commissioners approved Work Order #21 with GeoSyntec Consultants for the required closure of underground fuel tanks at the Indian River County Sheriffs Administration Building Fleet Management Facility at the May 5, 2009 meeting. GeoSyntec Consultants provided a proposal for the removal of the tanks, along with required regulatory compliance and site restoration. The GeoSyntec proposal was for $51,623 plus a 20% contingency ($8,444) against the sum of $42,220 (cost of actual field activities) for unanticipated/unforeseen conditions and additional work required to complete the closure for a total amount of $60,067. During the project, staff authorized the use of original project contingency for the off loading and placement of the county purchased above ground replacement fuel tank by the petroleum contractor and for permitting activities by the consultant. The total of this phase of work is $8,452.44. GeoSyntec did not charge the County for the additional $8.44. Thus, the total charged remained $60,067 which was the original cost plus the 20 % contingency. While the excavation was open, minor undermining of concrete occurred around the perimeter of opening, it was decided that given the condition of the existing concrete it was best to remove and replace additional pavement. Staff authorized an additional 625 square feet of concrete pavement replacement. That decision was made quickly to insure that we were able to cover a large hole in front of the Sheriff's Fleet facility lessening both danger and liability. This authorization totaled $4,181.48. When added to the existing charges of$60,067, the new cost is $64,248.48 FUNDING: Funding is available in the Optional Sales Tax Fund - Facilities Management - Underground Tank Removal - Sheriff's Department, account number #31522019-066390-08008. Budgeted funds are available to cover the additional Work Order #21 in the amount of$4,181.48. 132 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve an increase the amount of Work Order #21 with GeoSyntec Consultants, Inc. from $60,067.00 to $64,248.48 to include the additional concrete work authorized by staff. Approved Agenda Item Indian River Co. Administration County Attorney Budget Department Risk Management 2 133 6770 South Washington Avenue, Suite 3 Geosyntec t> Titusville, Florida 32780 OCT O8 2009 PH 321.269.5880 consultants FAX 321.269.5813 FACIUHH MANAGEMENT www.geosyntec.com October 8, 2009 Mr. Lynn Williams Finance Department 3 ,d Floor County Administration Building 180 I 27th Street, Building A Vero Beach, Florida 32960-3365 Attention: Purchasing Division Subject: Transmittal of Invoice No. 1294081 IRC - UST Cloure and AST Installation Indian River County SherrifPs Administration Building Dear Mr. Williams: Enclosed for your review and approval is Invoice No. 1294081 for $41,927.00 for Underground Storage Tank (UST) closure and reporting conducted by Geosyntec on behalf of Indian River County (IRC). Due to additional concrete repair work associated with the tank closure, the original auth01ized budget of$60,067.00 was increased by $4,181.48, per e-mailed autho1ization dated 28 August 2009. The current total budget is $64,248.48, which is reflected in the budget amount on this invoice. Geosyntec appreciates the opportunity to provide services to !RC. If you have any questions regarding this correspondence, please feel free to contact me at 321.269.5880. Enclosure 2009 l 008 Invoice Cover Letter.doc\20091 008 Invoice Cover Letter.doc engineers ! scientists I innovators 134 'I' ;Ju.l'ft-., ...... ,._ 135 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direi::tor~ AND Christopher J. Kafer, Jr., P.E., County Engine,e..s FROM: Michael D. Nixon, P.E., Roadway Production an.ager#;'✓ SUBJECT: 12th Street Sidewalk Project (from 43 Ave to 27 Ave.) Project #0604 Bid Number 2008080 - Sheltra & Son Construction Co., Inc. Payment Application No. 4 and Reduction ofRetainage Date: November 6, 2009 CONSENT AGENDA DESCRIPTION AND CONDITIONS On November 4, 2008, Indian River County entered into an Agreement with Sheltra & Son Construction Co., Inc. for Bid No. 2008080, for the 12'h Street Sidewalk Project from 43 Avenue to 27 Avenue in the amount of $303,421.25. There has been one change order for this project amending the current contract amount to $297,254.00. All of the work for the project has been satisfactorily completed. Funding for this project through the Florida Department of Transportation's Local Agency Program and the Safe Routes to School Program totaled $754,892.00. Because of this excess in available funds and favorable bid prices, staff pursued an additional sidewalk segment that would expand on the existing project and that could potentially be added to the project as a change order. In June, 2009, Staff comJ'leted plans for an approximately 3,000 feet long sidewalk extension between 43rd Avenue and 50 Avenue. This sidewalk extension will close a sidewalk gap, creating continuity along the 12'h Street corridor between 58th Avenue and Old Dixie Highway. A request for this sidewalk extension was submitted to the Florida Department of Transportation, requesting that this new portion of sidewalk be considered as a Change Order to the current contract with Sheltra & Son Construction Co., Inc. This request hiis been in review by the Florida Department of Transportation for approximately 6 months and was recently responded to on November 3, 2009. As requested by the Florida Department of Transportation, additional information has been sent back to the Florida Department of Transportation for their review. Approval of the change order request is expected to be granted shortly. According to the terms of the Agreement with the Contractor, the County has withheld 5% of all payments until final payment is made. The contract with Sheltra & Son Construction Co., Inc. has been kept open with anticipation that the additional work will be included as a change order. Retainage of 5% of the total work completed to date has been withheld. Because all of the work in the current contract has been satisfactorily completed, and the long duration of time for approval by the Florida Department of Transportation, Staff is requesting Board approval to reduce the retainage from 5% to 2.5 %. The total payment with this payment application will be $8,785.10. As soon as fmal approval by the Florida Department of Transportation for the additional sidewalk is received, a Change Order will be brought before the Board to proceed with the additional sidewalk work. F:\F,nQineerin2:\C':mit.al Pmiects\0604-12th St Sidewalk lmnrove hetween 43rd Ave & 27th Ave\B(X' AGFNnA TTF.MS\RC:C: A11enda-Pavment #4- 136 PAGE TWO BCC Agenda Item from Michael D. Nixon, P.E. November 6, 2009 RECOMMENDATIONS AND FUNDING Staff recommends approval of Payment No. 4, modifying the Agreement between Sheltra & Son Construction Co., Inc. and Indian River County to allow the reduction of the retainage from 5% to 2.5%.and allow the contract to remain open until a change order for the additional sidewalk west of 43 rd Avenue can be made. Funding is approved and budgeted from the following Florida Department of Transportation grants: Local Agency Program $290,000.00 Safe Routes to School Program (Supplement) $464,892.00 Total $754,892.00 Account No. 31521441-066510-07804 12th Street Sidewalk 43 rd Avenue to 27th Avenue ATTACHMENT 1. Sheltra & Son Construction Co., Inc. Payment Application No. 4 DISTRIBUTION 1. Jerry Davis, Manager, Purchasing Division 2. John L. Pluswick, Sheltra & Son Construction Co., Inc. 3. D.E. Howard, Jr., Construction Coordination Manager Indian River Coun 4. Bryan Crain, Senior Engineering Inspector Administration APPROVED AGENDA ITEM Budget Legal FOR: November 17, 2009 Risk Management Public Works Engineering F:\Fn!2"ineerin!!\Canital Proiects\0604-12th St Sidewalk lmnrnve hetween 4::lrd Ave & 27th Ave\RCC' AGFNDA TTFMS\RCC: A!!enda-Pavrnent #4- 137 SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No. 4. For Work Accomplished through the period of 6/16/2009 through 7/31/2009. To: Indian River County (OWNER) From: Sheltra & Son Construction Co .• Inc. (CONTRACTOR) Contract: 12th Street Sidewalk from 43rd Ave. Project: 0604. OWNER's Contract No. 2008080. ENGINEER's Contract No. -~ ENGINEER Department of Public Works Engineering Division 1. Original Contract Price: $ 303,431.25 2. Net change by Change Orders and Written Amendments(+ or-): $ -6 177.25 3. Current Contract Price (1 plus 2): $ 297,254.00 4. Total Work to date: 4.a Percentage of Work completed to date: 100.00 % 4.b Total Work completed to date: $ 297,254.00 4.c Total equipment and material stored to date: $ 0.00 (1) 4.d Total Work completed and stored to date: (4.b plus 4.c) $ 297 254.00 5. Retainage (per Agreement): 5.a 2.5% of completed Work (0.10 x 4.b): $ 7 431.35 5.b 20% of stored equipment and material (0.20 x 4.c): $ 0.00 5.c Total Retainage (5.a plus 5.b): $ 7 431.35 6. Total Work completed and stored to date less retainage (4.d minus 5.c): $ 289,822.65 7. Previous Payments: $ 281,037.55 8. AMOUNT DUE THIS APPLICATION 6 MINUS 7): $ 8 785.10 (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $303 .431. 25 2. Net change by Change Orders and Written Amendments(+ or-): $-6, 177.25 3. Current Contract Price (1 plus 2): $297,254.00 4. Total completed and stored to date: $297,254.00 5. Retainage (per Agreement): 2.5% of completed Work: $7.431.35 20% of stored material: $0.00 Total Retainage: $7,431.35 6. Total completed and stored to date less retainage (4 minus 5): $289,822.65 7. Less previous Application for Payments: $281,037.55 8. DUE THIS APPLICATION 16 MINUS 7): $8,785.10 12thStreetSW_PayRequest_ 4_ Cover 00622 -1 C:\Oocuments and Settlngs\bcrain\Local Settings\Temporary Internet Files\OLKE\12thStreetSW_PayRequest_4_Cover.doc Rev. 05/01 138 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done 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 1 inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (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 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 __7_,_,_/-=2.1_,_./~o'---I ✓'------Sheltra & Son Construction Co., Inc. By: ~c~~ HNL. PLUSWICK ,i!-\1.~,V.~ ALYSJ\ A, COMFORT !,.~,.1 Commission DD 764786 ~ {~ Expires May 26, 2012 "/-t¥,P.""r," ,~\~ Bonded ThlU Troy Fa.In Insurance 8Q0.385.7019 '"' CERTIFICATION OF ARCHITECT OR CONSUL TING 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 I 1 - 4 _: ~'l ~~~.A. (ARCHITECT/ EGJEER) SIGNATURE CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated !(- (p - 07 Accompanying Documentation: Stored materials invoices [The Remainder of Page Intentional Left Blank) 12thStreetSW_PayRequest_4_Cover.doc 00622 - 2 H:\JOBS\ 12thS1reetSWIBllUNG\12thStreetSW_PayRequest_ 4_ Cover.doc Rev. 05/01 139 0 TO: IND!AN RIVER COUNTY (OWNER) FROM: SHELTRA & SON CONSTRUCTION CO., INC. {CONTRACTOR) """" CONTRACT: 12TH STREET SlOEWALK43RD AVE. TO 27TH AVE - PROJECT: 0604 SCHEDULE PERCt:NT -·- ESTIMATED QUANTITY AMOUNT MATERIAL AMOUNT COMPLETED ITEM DESCRIPTION UNIT PRICE UNI OF VALUES COMPLETE QUANTITY COMPLETED COMPLETED STORED AND STORED NO, AMOUNT (o/o) 101-1 MOBILIZATION $10,500.00 LS 1 • 10,500.00 1.000 100.0% • 10,500.00 • 10,500.00 102-1 MAINTENANCE OF TRAFFIC $1,000.00 LS 1 • 1,000.00 1.000 100.0% • 1,000.00 • 1,000.00 104-1 EROSION & WATER POLLUTION CONTROL $9,000.00 LS 1 • 9,000.00 1.000 100.0% $ 9,000.00 • 9,000.00 105.2 NPDES PERMITTING $400.00 LS 1 • 400.00 1.000 100.0% • 400.00 • 400.00 108-1 AS-BUILT SURVEY $2,850.00 LS 1 $ 2,850.00 1,000 100.0% $ 2,850.00 $ 2,850.00 110-1-1 CLEARING & GRUBBING $7,500.00 LS 1 $ 7,500.00 1.000 100.0% $ 7,500.00 $ 7,500.00 120-1 EXCAVATION AND EMBANKMENT $4,500.00 LS 1 $ 4,500.00 1.000 100.0% • 4,500.00 • 4,500.00 400-1-1 CLASS J CONCRETE IFOR ENDWALLS' $850.00 CY 3 $ 2,550.00 3.000 100.0% $ 2,550.00 $ 2,550.00 425-1-521 INLET, rrvpE C1 $1,500.00 EA 23 $ 34,500.00 23.000 100.0% $ 34,500.00 $ 34,500.00 425-2-41 MANHOLES rTVPE P-7l1ALT.A\ $2 000.00 EA 1 • 2,000.00 1.000 100,0% • 2,000.00 • 2,000.00 425-72 MODIFY EXIST. INLET $950,00 EA 2 $ 1,900.00 2"0-0 100.0% $ 1,900.00 $ 1,900.00 430-142-102 CLASS II! CONCRETE PIPE 4f4"X23"l $50.00 LF 40 $ 2,000.00 40.000 100.0% $ 2,000.00 $ 2,000.00 430-172-01 CLASS 111, CONCRETE PIPE, 118"\ $100.00 LF .. •· 4,800.00 48.000 100.0% $ 4,800.00 $ 4,800.00 430-174-101 BITUMINOUS COATED CORRUGATED METAL PJPE 112•~116 GAUGE' $28.75 LF 284 $ 7,597.00 284.000 100.0% • 7,597.00 $ 7,597.00 430-174-101A BITUMINOUS COATED CORRUGATED METAL PIPE 115'"16 GAUGE' $30.75 LF 1065 $ 32,748.75 1,065.000 100.0% $ 32,748.75 $ 32,748.75 430-174-1018 BITUMINOUS COATED CORRUGATED METAL PIPE 118"1118 GAUGE\ $34.85 LF 832 • 28,995.20 832,000 100.0% • 28,995.20 • 28,995.20 430-174-1010 BITUMINOUS COATED CORRUGATED METAL PJPE 124'~118 GAUGE\ $45.00 LF 40 $ 1,800.00 40.000 100.0% $ 1,800.00 • 1,800.00 430-984-321 MITERED END SECTION f12" BCCMP SIDE DRAIN\ $300.00 EA 4 $ 1,200.00 4.000 100.0% • 1,200.00 • 1,200.00 430-984-323 MITERED END SECTION 115" BCCMP SIDE DRAIN\ $350.00 EA 5 $ 1,750.00 5.000 100.0% $ 1,750.00 $ 1,750.00 430-984-325 MITERED END SECTION 118" BCCMP SIDE DRAIN\ $400.00 EA 4 • 1,600.00 4.000 100.0% $ 1,600.00 • 1,800.00 430-984-329 MITERED END SECTION 124" BCCMP SIDE DRAIN\ $450.00 EA 1 $ 450.00 1.000 100.0% $ 450.00 • 450.00 515-1-2 ALUMINUM HANDRAIL $70.00 LF 24 $ 1,880.00 24.000 100.0% • 1,880.00 $ 1,680.00 522-2 CONCRETE SIDEWALKS' THICK $30.00 SY 2774 $ 83,220.00 2,774.000 100.0% $ 83,220.00 $ 63,220.00 575-1-1 SODDING IBAHIAI $1.80 SY 12233 $ 19,572.80 12,233.000 100.0% $ 19,572.60 • 19,572.80 700-40-1 SINGLE POST SIGNS IR1-11/STOPl $360.00 EA 10 $ 3,600.00 10.000 100.0% ,$ 3,800.00 • 3,600.00 711-11-221 SOLID TRAFFIC STRIP (DOUBLE YELLO'"",...HERMOPLAST!CI $1.75 LF 550 $ 962.50 550.000 100.0% • 962.50 $ 962.50 711-35-121 12" SOLID WHITE fTHERMOPLASTIC\ $1.75 LF 716 $ 1,253.00 716.000 100.0% $ 1,253.00 $ 1,253.00 711-35-241 24" SOLID WHITE /THERMOPLASTIC\ $4.00 LF 138 • 552.00 138.000 100.0% $ 552.00 $ 552.00 1643-700 VALVE BOX /ADJUST OR MODIFY\ $250.00 EA 7 $ 1,750.00 7.000 100.0% $ 1,750.00 I 1,750.00 1644-800 FJRE HYDRANT IRELOCATF\ $1,200.00 EA 1 $ 1,200.00 1.000 100.0% • 1,200.00 $ 1,200.00 .. ,- FORCE ACCOUNT ,, '. ' "" ' ' ' ' FA·1 $30,000.00 LS 1 II• 30,ooo.oo 11 1.000 I 100.0% ' $ 30,000.00 II, 30,000.00 CHANGE ORDER Z!IW~ ''"' ;Jili,-2~Ld BftW:~~ .t)!il''. J, j)~- I 430-34-025 BITUMINOUS COATED CORRUGATED STEEL PIPE 18' $34.85 LF 140 $ (4,879.00) 140.000 100.0% (4,879.00) 430-34-021_ BITUMINOUS COATED COR_.RIJGAl'ED_ $TEEL PIPE (12') $26.75 -~F 34 $ (909.50) 34.000 100.0% (909.50) 430-984-325 !MITERED END SECTION (18") SD [ ($400.00) j EA j 1 II $ (-400.00JII 1.000 j 100.0% I $ (400.00)I II$ (400.00JI s1S-1.:2_ IALUMINuM~NRRA!~ J 1s10.ooi I LF I 24 II s c1,aso.ooi/1 24,000 I 100.0% [ s c1.aeo.0011 11s c1,sao.00JI 1644-800 _ IFIRE HYDRANT {!!g_h_q_CATE) I ($1,200.00) I EA I 1 [j $ (f,200,00)IJ _ 1.000 I 100.0% j $ {1,200.00)j II$ (1,200.00)I I 700-40-1 SINGLEPOSTSIGNS R1-1 STOP $360.00 Ml 10 I$ (3,600.00) 10.000 100.0% $ (3,600.00) ]$ (3,600.00)11 334-1-fA SUPERP~VEASPHALT $30.00 SY __ 280 $ 6,400.00 280.DOO 100.0% $ 6,400.00 $ 8,400.00 430-34-020 IBJTIJMINOUSCOATEDCU_RBl,JG.t,_TEDSTEELPJPE(15"X21") I $50.00 I LF L_ 154 II$ 7,700.00[1 1S4.000 I 100.0% I$ 7,700.00] II$ 7,700.00 430-34-023 IBITUM!NOUSCOATED CURRUGATEDSTEEL PIPl;_{1_~·,_ I $30.75 I LF I 185 J~ 5,688.75 I/ 185.000 j 100.0% j $ 5,688.75 I II$ 5,688.75 425-72 MODJf:Y_~ISTING INLET 48" X 48" $960.00 I EA j 1 JI$ 960.00 II 1.000 I 100.0% I $ 960.00 I IJ $ 960.00 ~~-7.2 MODIFY EX!§Ilt_,Jt;; INLET 57" X 1.1!'_ $1,240.00 IEAI 1 11_$_ 1,240.oon 1.000 I 100.0% 1$ 1,240,00I II$ 1,240.00 _1_3_D_-984-321 [MITERED E;/IIQ SECTION (12" BCCMP SI_QE DRAIN) $300.00 I EAL__ _ 2 If$ 600,00 I/ 2.000 I 100.0% j $ 600.00 I JI$ 600.00 522-1_ !CONCRETE DRIVEWAY RESTORATION $30.00 /svL______280 11s a,400.ooJI 280.000 I 100.0% I$ 8,400.00[ IJ$ e,400.oo 1643-7QQ !VALVE BOK_@~UST OR MOD!!=V'. $250.00 [EAI ______B 1)$ 1,500.00/I 6,000 [ 100.0% [$ 1,500,00j II$ 1,500.00 709-4.1_ IREMOVAL OF EXISTING PAVEMENT MARKING§,_ $2.50 I SF I 600_ _ II $ 1,500.00 II 600.000 [ 100.0% j $ 1,500.00 I II$ 1,500.00 71HJ-221 !SOLID TRAFF JC STR_!f?_ (DOUBLE YELLOW}(THER_t,,10PLASTIC) $1.75 j LF I 10Q__ II $ 175.00 II 100.000 ] 100.0% I $ 175.00 I JI $ 175.00 711-35-121 II2~ SOLID WHITE (THERMC)PLAST!C) $1.75 f LF I 130 II$ 227.50 JI 130.000 I 100.0% [ $ 227.50 I fl$ 227.50 711-35-241 1£1:_i:;.9uD WHITE' {THERMQ.PLASJIC) M,00 I LF I 25 I/$ 100.00 [I 25.000 I 100.0% I$ 100,00 I I[$ 100.00 FA-1 FORCE ACCOUNT ($30,000.00) I LS I 1_ II$ (30,000.00Jlt 1.000 I 100.0% j $ (30,000.00JI II$ _p~.~O_!l_.~O)j [Note: Total Schedule of Values Amount should aqua! the current Contract Price.] TOTALS: I$ 297,254.00 I I 100.00% I$ 297,254.00 I$ - I$ 297,254.00 Public 1-learing (Quasi-Judicial) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator Development Director FROM: DATE: November 4, 2009 RE: SR 60 Vero LLC. Request to Rezone 19.98 acres from RM-6 to RM-8 (RZON 98010178-64390) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 17, 2009. DESCRIPTION AND CONDITIONS This request is to rezone 19.98 acres from RM-6, Multiple-Family Residential District (up to 6 units/acre), to RM-8, Multiple-Family Residential District (up to 8 units/acre). Located south of State Road 60 and approximately 1,350 feet west of 58th Avenue, the subject property is depicted in the figure below. The purpose of this request is to secure the zoning necessary to develop the site at a density consistent with the allowed density of its comprehensive plan land use designation. Figure-1, Location and Zoning of Subject Property and StnTOunding Properties On October 8, 2009, the Planning and Zoning Commission voted 7-0 to approve this rezoning request. 1 142 Existing Land Use Pattern Generally, this area of the county contains a mix of commercial and residential uses. Zoned RM-6, the subject property is a previously cleared but unimproved parcel. Land to the east is zoned CG, General Commercial, and is developed as the Century Town Center Project. Land to the south, across College Lane, is zoned RM-6 and is the site of the Indian River Charter High School and the Mueller Campus of Indian River State College. North of the subject property, across SR 60, land is zoned CG, General Commercial, and contains those properties associated with the Indian River Mall and the Indian River Square development. Land to the west of the subject property is zoned RM- 6 and contains the Sixty Oaks subdivision. Figure-2, Location and Land Use of Subject Property snd-5utTowiding Properttts Future Land Use Pattern The subject property and all abutting properties to the west and south are designated M l, Medium-Density Residential-I, on the county's Future Land Use Map. The M-1 designation permits residential uses with densities up to 8 units per acre. Land to the north is designated RC, Regional Commercial, on the county's Future Land Use Map. The RC designation permits regional commercial development. Land to the east is designated C/I, Commercial Industrial, on the county's Future Land Use Map. The C/I designation allows various commercial and industrial uses. Environment The subject property is an abandoned citrus grove, with some clusters of native vegetation spread throughout the parcel. Because of past impacts, the property has been invaded by Brazilian Pepper Trees, a non-native, invasive species. The property is not designated as environmentally important or environmentally sensitive by the comprehensive plan. No wetlands exist on the site. According to Flood Insurance Rating Maps, the subject property is in a flood zone "AE". 2 143 Utilities and Services The site is within the Urban Service Area of the county. Wastewater service is available to the site from the West Regional Wastewater Treatment Plant, while potable water service is available to the site from the South County Reverse Osmosis Plant. Transportation System The property's north boundary abuts State Road 60. Classified as an Urban Principal Arterial on the future roadway thoroughfare plan map, this segment of State Road 60 is a 6-lane paved road with approximately 132 feet of existing public road right-of-way. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: an analysis of the request's impact on public facilities; an analysis of the request's consistency with the county's comprehensive plan; an analysis of the request's compatibility with the surrounding area; and an analysis of the request's potential impact on environmental quality. Concurrency of Public Facilities This site is located within the county urban service area, an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Storrnwater Management, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested zoning. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis is as follows: 3 144 1. Size of Area to be Rezoned: 19.98 acres 2. Existing Zoning District: RM-6, Mnltiple-Family Residential District (up to 6 units/acre) 3 . Proposed Zoning District: RM-8, Multiple-Family Residential District (up to 8 units/acre) 4. Most Intense Use of Subject Property Under Existing Zoning District: 119 Multiple-Family Units 5. Most Intense Use of Subject Property Under Proposed Zoning District: 159 Multiple-Family Units Transportation As part of the concurrency review process, the applicant submitted a Traffic Impact Analysis (TIA). A TIA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and it assigns those trips on the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3(a) of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction project trips for four-lane (or wider) roadways. For this rezoning request, the TIA was reviewed and approved by Traffic Engineering. According to the TIA, development generated by the most intense use of the subject property will impact the intersection of SR 60 and 58th Avenue. Currently, that intersection is over capacity and being programmed for improvement. Other than that intersection, however, there is adequate capacity on all impacted roadways to accommodate the most intense development allowed by the proposed rezoning. For concurrency purposes, roadway links, not intersections, are evaluated. In this case, all roadway links impacted by the proposed rezoning are operating at an adequate service level and will continue to do so with the most intense development allowed by the rezoning. For that reason, the transportation concurrency test for the proposed rezoning is met. Although intersections are not evaluated through the concurrency assessment process, intersections are subject to the requirements of Chapter 952 of the county's land development regulations. That LDR Chapter states that projects which impact intersections which operate at an unacceptable level of service may be approved if proposed improvements which correct the intersection deficiency are identified. In this case, a project to improve the 58th Avenue/SR 60 intersection is programmed in the county's five year capital improvements program. Therefore, the proposed rezoning is consistent with LDR Chapter 952 intersection requirements. 4 145 With the proposed zoning, the subject property could accommodate 159 residential units, resulting in water consumption at a rate of 159 Equivalent Residential Units (ERU), or 39,750 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property will be served by the South County Reverse Osmosis Plant, which currently has sufficient capacity to accommodate the additional demand generated by the proposed rezoning. Wastewater Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 159 Equivalent Residential Units (ERU), or 39,750 gallons/day. This is based upon the level of service standard of 250gallons/ERU/day. County wastewater service is available to the site from the West Regional Wastewater Treatment Plant, which currently has sufficient capacity to accommodate the additional wastewater generated by the subject request. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 1.97 cubic yards/person/year. With the county's average of approximately 2.25 persons/unit, a 159 unit residential development would be anticipated to house approximately 357 people (2.25 X 159). For the subject request to meet the county's adopted level of service standard of 1.97 cubic yards/person/year, the landfill must have enough capacity to accommodate approximately 703.29 (357 X 1.97) cubic yards/year. A review of the solid waste capacity for the active segment of the county landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district. Storrnwater Management All developments are reviewed for compliance with county storrnwater regulations, which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Since the site is located within the C-2 Drainage Basin and the Indian River Farms Water Control District (IRFWCD), development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate. In this case, the minimum floor elevation level of service standard does apply, since the property lies within a flood zone "AE". Also, both the on-site retention and discharge standards apply. The storrnwater management level of service standard will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours and maintaining on-site retention of the storrnwater runoff for the most intense use of the property. 5 146 As with all development, a more detailed review will be conducted during the development approval process. Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed zoning district indicates that the adopted levels of service would be maintained. The table below illustrates the additional park demand associated with the proposed development of the property and the existing surplus acreage. Park Information LOS (Acres per 1,000 Population) Project Demand (Acres) Surplus Acreage 6.61 1.05 358 Concurrency Summary Based upon the analysis conducted, staff has determined that all concurrency-mandated facilities, including stormwater management, roads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies. Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the urban service area and reduces the chances that urban sprawl will occur. For this reason, the request is consistent with Future Land Use Element Objective I. 6 147 Future Land Use Element Policy 1.13 Future Land Use Element Policy 1.13 states that the M-1, Medium-Density Residential !, land use designation is intended for residential uses with densities up to 8 units/acre. In addition, Future Land Use Element Policy 1. 13 states that these residential uses must be located within the urban service area. Since the subject property is designated as M-1 on the county's Future Land Use Map and is located within the county's urban service area, and the proposed zoning district would permit residential uses no greater than the 8 units/acre, the proposed request is consistent with Policy 1. 13. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the urban service area through zoning and LDRs. Since the proposed rezoning would allow and encourage more development on the subject property and the subject property is within the urban service area, the request implements Future Land Use Element Policy 2.2. Transportation Element Objective 11 and Policy 11.1 Transportation Element Objective 11 and Policy 11.1 state that the county will increase densities in the urbanized area and along major transportation corridors in order to facilitate future mass transit provision. Since the proposed rezoning will increase the density to a level consistent with its land use designation, this request implements Transportation Element Objective 11 and Policy 11.1. Consistency Summary As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found no conflicts. Therefore, staffs position is that the request is consistent with the comprehensive plan. Compatibility with the Surrounding Area Staffs position is that both the existing RM-6 zoning district and the requested RM-8 zoning district are appropriate for the site and that development under these zoning districts will be compatible with surrounding land uses. From a compatibility perspective, the requested RM-8 zoning is appropriate for the subject property for various reasons. One reason is that the subject property is situated between existing multi-family residential uses and commercial uses. As such, the subject property could provide a transition from the commercial uses on the east to the residential uses on the west. Another reason that the proposed zoning would be 7 148 compatible with surrounding uses is that there is little visual difference between an RM- 6 development and an RM-8 development. By being located close to major commercial areas and the Indian River State College, multi-family units can provide housing choices for residents who want to live near those facilities and for residents who want convenient access to shopping areas. This can result in shorter automobile trip lengths and more pedestrian trips. In the past, staff has had many inquiries with respect to changing the land use designation of the subject property from residential to commercial. Historically, however, it has been the county's policy to limit commercial uses on State Road 60 and other arterial roads to compact node areas and to allow infill multi-family residential development on properties between nodes. Not only does this prevent the establishment of a strip commercial land use pattern; it also results in a better balance of residential and commercial uses. For those reasons, staff feels that the requested RM-8 zoning district will be compatible with development in the surrounding area. Potential Impact on Environmental Quality The subject property is an undeveloped site dominated by non-native, invasive species of vegetation. Since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. The environmental impact will be the same for development under existing zoning district or proposed zoning district. For this reason, no adverse environmental impacts associated with this request are anticipated. CONCLUSION Based on the analysis, staff has determined that the requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the subject property is located in an area deemed suited for medium-density multiple-family uses. For these reasons, staff supports the request. RECOMMENDATION Based on the analysis conducted, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from RM-6 to RM-8 by adopting the attached ordinance. ATTACHMENTS I. Summary Page 2. Rezoning Application 3. TIA Summary 8 149 4. Minutes of October 8, 2009 Planning and Zoning Conunission Meeting 5. Rezoning Ordinance Indian River Co. Approved Date Admin. Legal Budget Dept. Risk Mgr. F:\Community Development\Rezonings\SR 60 VERO LLC\BCC Staff Report.doc 9 150 SUMMARY PAGE GENERAL Applicant: SR 60 Vero LLC. Location: South of S.R. 60 and approx. 1350 feet west of 58th Ave. Acreage: 19.98 Land Use Designation: M-1, Medium-Density Residential-I (up to 8 units/acres) Existing Zoning: RM-6, Multiple-Family Residential District (up to 6 units/acre) Requested Zoning: RM-8, Multiple-Family Residential District (up to 8 units/acre) Existing Land Use: Wooded lot ADJACENT LAND North: Zoned CG, General Commercial; Indian River Mall. South: Zoned RM-6, Multi-Family Residential District (up to 6 units/acre); Mueller Campus Zoned RM-6, Multi-family Residential District (up to 6 unit/ acres); Sixty Oaks Subdivision Zoned CG, General Commercial; Citrus grove, single family residence INFRASTRUCTURE Water is available from the South County Reverse Osmosis Plant and sewer is available from the West Regional Wastewater Plant; access is from S.R. 60. ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION Fignre-1, Location and Zoning _or Stlhjt~I Property and S111TOnndingProptrtic1 Planning and Board of County Zoning Commissioners Commission Staff Steven Sasan Rohani Contact Deardeuff Date September 9, November 2, Advertised: 2009 2009 # of Surrounding Property 70 70 Owner Notifications: Date September 9, November 2, Notification 2009 2009 Mailed: A-1 Date Sign September 9, November 2, Posted: 2009 2009 STAFF RECOMMENDATION Attachment 1 Staff supports the request 10 151 ,=..·· · "~15,l?.'23Z4?s,J. APPLICATION FORM ~- INDIAN RIVER COUNTY <.J;..-. t--· ,.,.,v.11, Current Owner Applicant (Contract Agent Purchaser) Name: SR 60 Vero LLC Same as Owner Kimley-Horn and Associates, Inc. Complete Mailing 351 N. Congress Ave, #142 601 21st Street, #300 ~oynton Beach, FL 33426 Address: Vero Beach, FL 32960 Phone#: (including area· 561-309-5287 772-562-7981 code) Fax#: (including area 561-752-9677 772-562-9689 code) E-Mail: [email protected] da, e. woodward@kimley-horn com Contact Person: Stephen Cohen /'I / ' David Woodward I SignatureofOwnerorAge~A..it'~ i/]v' J Property Information Site Address: 6045 20th Street, Vero Beach, FL 32966 Site Tax Parcel l.D. #s: 333 90500001010000001. O Subdivision Name, Unit Number, Block and Lot Number (if applicable) Indian River Farms co Sub Existing Zoning District: RMc 6 Existing Land Use Designation: M-1 Requested Zoning District: RM- s Total (gross) Acreage of Parcel: 19. 99 AC Acreage (net) to be Rezoned: 19. 99 AC Existing Use on Site: Vacant Proposed Use on Site: Multi-Familv Residential Attachmen1 § 2 r----;.,---- Kimley-Horn ._. ... ., ~~ , .. and Associates, Inc. -~, .._ ( SR 60 - 20 AC REZONING AUG O 6 2009 EXECUTIVE TRAFFIC IMPACT SUMMARY (August 2009 - Revised) • 1. Location: Suite 300 • South side of State Road 60 west of 58"' Avenue 60121s! Street Vero Beach, Florida 2. Size: 32960 • 20 acres of Residential Multi-Family (RM-6) to Residential Multi Family (RM-8) 3. Trip Generation: • Net New Daily Trip Volume= 968 vehicular trips • Net New A.M. Peak-Hour Volume= 75 vehicular trips • Net New P.M. Peak-Hour Volume= 88 vehicular trips 4. Area of Influence Boundaries: • North - State Road 60 • South. - State Road 60 • East - 27"' Avenue • West-66"'Avenue 5. Significant Roads: • State Road 60 - 66"' Avenue to 27"' Avenue 6. Significant Intersections: • Pursuant to the IRCLDR, the project is not significant at any intersections, However, due to the proximity of the proposed development, the intersection of State Road 60/58"' Avenue is included in the analysis 7. Trip Distribution: • See Appendix A 8. Internal Capture: • None 9. Pass-by Capture: • None 10. A.M. Peak Hour Directional% (mgress/egress): • Residential Condominium/Townhouse - 17% in/83% out 11. P.M. Pe~ Hour Directional% (ingress/ egress): • Residential Condominium/Townhouse - 67% in/33% out • TEL 772 562 7981 FIX 772 562 9689 Attachment 3 153 ?:·- {__ __ _ 111""'1-H Kimley-Horn a...... _J-LJ and Associates, Inc. 12. Traffic Count Factors Applied: • The raw turning movement counts are converted to peak season levels using FDOT weekly adjustment factors as requited by Indian River County and FDOT. The Peak Season Correction Factor (PSCF) information utilized in the analysis is shown in the traffic counts information summary table 13. Off-Site Improvements: • Pursuant to the IRCLDR, no off-site improvements are required for this project. Final determination will be made during the site specific analysis 14. Roadway Capacities (IRC Link Sheets): • See Appendix B 15. Assume roadway and / or intersection improvements: • The IRCO planned improvements at the intersection of State Road 60/SSth Avenue were utilized in the analysis in order to achieve acceptable levels of service under the peak season full development conditions. If the site specific analysis demonstrates a level of service deficiency at the State Road 60 / 5 8th Avenue intersection, the applicant will be requited to enter into a developer's agreement to mitigate for the deficiency. Final determination will be made under the site specific analysis 16. Significant Dates a) Pre-study conference: • June 2009 b) Traffic counts: AM Count AM Peak Peak Season PM Count Intersection PM Peak Peak Season Date Hour Factor Date Hour Factor th 11:00- 58 Avenue/ State Road 60 2/25/09 0.99 2/25/09 12:00 4:30-5:30 0.99 c) Study approval: ...... 17. SR 60 Interest Share Special Fee: • The project is located within 8 miles from SR 60 between 82nd Avenue to 66 th Avenue. Therefore, the project will be requited to contribute to the SR 60 Interest Share Special Fee. Final determination of the contribution will be included in the site specific analysis K:\VRB_Roadway\Traffic Master\20 AC Rezoning\20 AC Rezoning - Traffic Impact Executive Summary_Revised.doc 154 r 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected In 2008 Trips Indicated in the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 1010N S.R.A1A S. COUNTY LINE S. VBCITYL 950 506 21 0 423 55% 1010S S.R.A1A S. COUNTY LINE S. VB CITY L 950 627 11 0 312 67% 1020N S.R.A1A S. VB CITYL 17THSTAEET 930 879 14 0 37 96% 1020S S.A.A1A S. VBCITYL 1TTHSTREET 930 872 3 0 55 94% 1030N S.R.A1A 17TH STREET S.R. 60 860 649 44 0 167 81% 10303 S.R.A1A 17TH STREET 5.R.60 860 636 6 0 218 75% 1040N S.R.A1A S.R. 60 N. VBCITYL 860 909 28 0 -77 109% 1040S S.R.A1A S.R.60 N. VB CITYL 860 1,009 16 0 ~165 119% 1050N S.A.A1A N. VB CITYL FRED TUERK RD. 860 748 20 0 92 89% 1050S S.A.A1A N. VBCITYL FRED TUERK RD. 860 838 12 0 10 99% 1060N S.R.A1A FRED TUERK RD. OLD WINTER BEACH RD 860 629 30 0 201 77% 1060S S.R.A1A FRED TUERK RD. OLD WINTER BEACH AD 860 659 14 0 187 78% 1070N S.A.A1A OLD WINTER BEACH RD N.IRSL 860 504 41 0 315 63% 1070S S.R.AlA OLD WINTER BEACH RD N. IRSL 860 436 20 0 404 53% 1080N S.R.A1A N. IRS LN. C.R. 510 860 504 64 0 292 66% 1080S S.R.AtA N. IRS LN. C.R. 510 860 436 74 0 350 59% 1090N S.R.A1A C.A.510 N. COUNTY LINE 998 401 57 0 540 46% 1090S S.R.A1A C.R.510 N. COUNTY LINE 998 564 57 0 377 62% 1110N INDIAN RIVER BLVD. 4THST.@US1 12THSTAEET 1,860 891 26 0 943 49% 1110S INDIAN RIVER BLVD. 4TH ST.@ US1 12THSTREET 1,860 1,300 59 0 501 73% 1120N INDJAN RIVER BLVD. 12THSTREET S. VBCITYL 1,860 1,009 11 0 840 55% 1120S IND!AN RIVER BLVD. 12TH STREET S. VBCITYL 1,860 1,567 49 0 244 87% 1130N INDIAN RIVER BLVD. S. VBCITYL 17TH STREET 1,860 1,009 4 0 847 54% 1130S INDIAN RIVER BLVD. S. VB CITYL 17THSTREET 1,860 1,567 37 0 256 86% 1140N INOIAN RIVER BLVD. 17TH STREET 21STSTREET 1,860 1,128 18 0 714 62% 1140S INDIAN RIVER BLVD. 17TH STREET 21STSTREET 1,940 1,549 76 0 315 84% 1150N INDIAN RIVER BLVD. 21ST STREET S.R. 60 1,860 1,465 92 0 303 64% 1150S INDIAN RIVER BLVD. 21ST STREET S.R. 60 2,242 1,678 108 0 456 80% 1160N INDJAN RIVER BLVD. S.R. 60 W. VBCITYL 1,860 1,128 40 0 692 63% 1160S INDIAN RIVER BLVD. S.R.60 W. VBCITYL 2,240 1,260 7 0 973 57% 1170N INDfAN RIVER BLVD. W. VB CITYL US 1 @ 53RD ST. 1,860 849 51 0 960 49% INDIAN RIVER BLVD. 11708 W. VBClTYL US 1 @ 53RD ST. 1,937 692 0 1,244 36% 1210N 1-95 N. COUNTY LINE C.R. 512 2,740 1,800 0 0 940 66% 1210S 1-95 N. COUNTY LINE C.R. 512 2,740 1,850 10 0 880 68% 1220N 1-95 C.R.512 S.R.60 2,740 1,800 20 0 920 66% 1220S 1-95 C.R. 512 S.R.60 2,740 1,850 22 0 868 68% 1230N 1-95 S.R. 60 OSLO ROAD 2,890 2,000 48 0 842 71% 1230S 1-95 S.R. 60 OSLO ROAD 2,890 2,050 33 0 807 72% 1-95 1240N OSLO ROAD S. COUNTY LINE 2,890 2,000 37 0 863 70% 1-95 1240S OSLO ROAD S. COUNTY LINE 2,890 2,050 27 0 813 72% 1305N U.S.1 S. COUNTY LINE OSLO ROAD 1,860 1,184 76 0 600 68% 1305S U.S.1 S. COUNTY LINE OSLO ROAD 1,860 1,361 65 0 434 77% U.S.1 1310N OSLO ROAD 4TH ST. @ IA BLVD. 2,790 1,301 65 0 1,424 49% 1310S U.S.1 OSLO ROAD 4TH ST.@ IR BLVD. 2,790 1,713 86 0 991 64% 1315N U.S.1 4TH ST. @ IA BLVD. 8TH STREET 1,860 868 33 0 959 48% l315S U.S.1 4TH ST.@ IR BLVD. 8TH STREET 1,860 1,014 38 0 BOB 57% 1320N U.S.1 8TH STREET 12THSTAEET 1,860 931 34 0 895 52% 1320S U.S.1 BTHSTREET 12THSTREET 1,860 1,074 49 0 737 50% 1325N U.S.1 12TH STREET S. VB CITY L 1,710 1,178 34 0 498 71% 1325S U.S.1 12TH STREET S. VB CITY L 1,710 1,369 52 0 289 83% 1330N U.S.1 S. VB CITYL 17TH STREET 1,710 1,178 35 0 497 71% 155 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected in 2008 Trips indicated In the VESTED colUmn are as of 7/08/2009 %of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "DM PROJECT 1330S U.S.1 S. VB CITYL 17THSTAEET 1,710 1,369 51 0 290 83% 1335N U.S.1 17THSTREET S.R. 60 1,510 1,061 40 0 409 73% 1335S U.S.1 17TH STREET S.R.60 1,510 1,061 18 0 431 71% 1340N U.S.1 S.R. 60 ROYAL PALM PL 1,820 996 57 0 767 58% 1340S U.S.1 S.R. 60 ROYAL PALM PL 1,510 840 5 0 665 56% 1345N U.S.1 ROYAL PALM PL ATIJ\NTJC BLVD. 2,116 828 46 0 1,242 41% 1345S U.S.1 ROYAL PALM PL ATLANTIC BLVD. 1,710 974 12 0 724 58% 1350N U.S,1 ATIANTICBLVD. N.VBCITYL 2,322 1,142 45 0 1,135 51% 1350S U.S.1 ATLANTIC BLVD. N. VBCITYL 2,010 1,099 81 0 850 58% 1355N U.S.1 N. VBCITYL OLD DIXIE HWY 2,320 1,666 87 0 567 76% 1355S U.S.1 N. VB CITYL OLD DIXIE HWY 2,010 1,149 40 0 821 59% 1360N U.S.1 OLD DIXIE HWY 41STSTREET 2,586 1,331 89 0 1,166 56% 1360S U,S.1 OLD DIXIE HWY 41STSTREET 2,010 848 38 0 1,124 44% 1355N U.S.1 41STSTREET 45THSTREET 2,352 1,293 75 0 984 58% 1365S U.S.1 41STSTREET 45THSTREET 2,010 790 33 0 1,187 41% 1370N U.S.1 45THSTREET 49THSTREET 2,384 1,324 90 0 970 59% 1370S U.S.1 45TH STREET 49THSTREET 2,010 828 44 0 1,138 43% 1375N U.S.1 49TH STREET 65THSTREET 2,568 1,644 142 0 782 70"/o 1375S U.S.1 49TH STREET 65TH STREET 2,010 928 123 0 959 52% 1380N U.S.1 65THSTAEET 69TH STREET 2,631 1,357 132 0 1,142 57% 1380S U.S.1 65TH STREET 69TH STREET 1,860 916 94 0 850 54% 1385N U.S.1 69TH STREET OLD DIXIE HWY 2,648 1,440 163 0 1,045 61% 1385S U.S.1 69THSTREET OLD DIXIE HWY 1,860 900 111 0 849 54% 1390N U.S.1 OLD DIXIE HWY SCHUMANN DR. 2,210 1,442 137 0 631 71% 1390S U.S.1 OLD DIXIE HWY SCHUMANN OR. 1,860 1,074 133 0 653 66% 1395N U.S.1 SCHUMANN DR. C.R.512 1,860 1,207 103 0 550 70% 1395S U.S.1 SCHUMANN DR. C.R,512 1,860 895 132 0 833 55% 1400N U.S.1 C.R. 512 N. SEB. CITY L 1,710 1,027 48 0 635 63% 1400S U.S.1 C.R. 512 N. SEB. CITY L 1,710 1,089 64 0 557 67% 1405N U.S.1 N. SEB. CITY L ROSELAND RD. 1,860 1,094 136 0 630 66% 1405S U.S.1 N. SEB. CITY L ROSELAND RO. 1,860 1,081 168 0 611 67% 1410N U.S.1 ROSELAND AD. N. COUNTY LINE 1,860 1,119 104 0 637 66% 1410S U.S.1 ROSELAND RD. N. COUNTY LINE 1,860 924 142 0 794 57% 1510N SCHUMANN DR. C.R. 510@ 66TH AVE. S. SEB. CITY L 860 794 9 0 57 93% 1510S SCHUMANN OR. C.R. 510@ 66TH AVE. S. SEB. CITY L 860 348 14 0 498 42% 1520N SCHUMANN OR. S. SEB. CITY L U.S.1 880 129 7 0 724 16% 1520S SCHUMANN OR. S. SES. CITY L U.S.1 860 210 19 0 631 27% 1610E ROSELAND RD. S.R. 512 N. SEB. CITY L 860 293 24 0 543 37% 1610W ROSELAND RD. S.R. 512 N. SEB. CITY L 860 329 24 0 507 41% 1620E ROSELAND RD. N. SEB. CITY L U.S.1 860 408 43 0 409 52% 1620W ROSELAND RD. N. SES. CITY L U.S.1 860 449 44 0 367 57% 1710E C.R. 512 S.R.60 1-95 860 394 51 0 415 52% 1710W C.R. 512 S.A.60 1-95 860 665 11 0 184 79% 1720E C.R.512 095 C.R.510 1,860 553 89 0 1,218 35% 1720W C.R. 512 1-95 C.R. 510 1,860 696 25 0 1,139 39% 1730E C.R. 512 C.R. 510 W. SEB. CITY L 1,860 938 62 0 860 54% 1730W C.R. 512 C.R.510 W. SEB. CJTY L 1,860 716 68 0 1,076 42% 1740E C.R. 512 W. SES. CITY L ROSELAND RD. 1,860 1,052 44 0 764 59% 1740W C.R.512 W.SEB.ClTYL ROSELAND AD. 1,860 577 50 0 1,233 34% 17:50E C.R. 512 ROSELAND AD. U.S.1 1,860 571 50 0 1,239 33% 1750W C.R.512 ROSELAND RD. U.S.1 1,860 754 43 0 1,063 43% 156 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected in 2008 Trips indicated in the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D' PROJECT 1810E C.R.510 C.R.512 66THAVE. 1,860 427 191 0 1,242 33% 1810W C.R.510 C.R.512 66THAVE. 1,860 631 123 0 1,106 41% 1820E C.R.510 66TH AVE. 58TH AVE. 1,860 319 115 0 1,426 23% 1820W C.R. 510 66TH AVE. 58TH AVE. 1,860 711 126 0 1,023 45% 1830E C.R. 510 58THAVE. U.S.1 1,860 423 114 0 1,323 29% 1830W C.A.510 SBTHAVE. · U.S.1 1,860 793 151 0 916 51% 1840E C.R.510 U.S.1 S.R. A1A 1,900 476 235 0 1,189 37% 1840W C.R.510 U.S.1 S.R.A1A 1,900 811 171 0 918 52% 1905E S.R.60 W. COUNTY LINE C.R. 512 1,810 216 9 0 1,585 12% 1905W S.R.60 W. COUNTY LINE C.R. 512 1,810 214 9 0 1,587 12% 1907E S.R. 60 C.R. 512 100TH AVE. 1,810 266 2 0 1,542 15% 1907W S.R.60 C.R. 512 100TH AVE. 1,810 244 0 0 1,566 13% 1910E S.R. 60 100THAVE. t-95 1,860 809 113 0 938 50% 1910W S.R. 60 100THAVE. 1-95 1,860 545 190 0 1,022 45% 1915E S.R. 60 1-95 82NDAVE. 2,570 1,146 149 0 1,275 50% 1915W S.R.60 1-95 82NDAVE. 2,570 1,509 188 0 873 66% 1920E S.R.60 82NDAVE. 66TH AVE. 2,790 1,230 304 0 1,256 55% 1920W S.R.60 82NDAVE. 66TH AVE. 2,790 1,292 282 0 1,216 56% 1925E S.R. 60 66THAVE. 58TH AVE. 2,790 1,434 181 0 1,175 58% 1925W S.R.60 66TH AVE. 58TH AVE. 2,790 1,876 255 27 532 71% 1930E S.R.60 58TH AVE. 43RD AVE. 2,790 1,360 216 0 1,214 56% 1930W S.R.60 58TH AVE. 43RDAVE. 2,790 1,559 352 25 554 69% 1935E S.R. 60 43RDAVE. 27THAVE. 2,790 1,279 191 0 1,320 53% 1935W S.R.60 43RDAVE. 27TH AVE. 2,790 1,535 284 18 953 66% 1940E S.R. 60 27THAVE. 20TH AVE. 2,790 1,190 143 0 1,457 43% 1940W S.R. 60 27THAVE. 20TH AVE. 2,790 1,252 287 0 1,251 55% 1945E S.R.60 20THAVE. OLD DIXIE HWY 3,252 1,020 129 0 2,103 35% 1945W S.R. 60 20TH AVE. OLD DIXIE HWY 3,252 1,149 208 0 1,895 42% 1950E S.R.60 OLD DIXIE HWY 10TH AVE. 3,252 1,064 50 0 2,138 34% 1950W S.R.60 OLD DIXIE HWY 10TH AVE. 3,252 850 135 0 2,267 30% 1955E S.R. 60 10TH AVE. U.S.1 3,252 918 42 0 2,292 30% 1955W S.R. 60 10THAVE. u.s., 3,252 675 102 0 2,475 24% 1960E S.A. 60 u.s., tNDIAN RIVER BLVD. 3,252 609 7 0 2,636 19% 1960W S.R.60 U.S.1 INDIAN RIVER BLVD. 3,252 470 50 0 2,732 16"/4 1965E S.R.60 INOIAN RIVER BLVD. ICWW 1,860 1,047 6 0 807 57% 1965W S.R.60 INOIAN RIVER BLVD. ICWW 1,860 1,280 0 0 580 69% 1970E S.A. 60 ICWW S.R.A1A 1,860 1,412 8 0 440 76% 1970W S.R. 60 ICWW S.R. A1A 1,860 1,242 5 0 613 67% 2020E 16TH STREET SBTHAVE. 43RD AVE. 860 160 50 0 650 24% 2020W 16TH STREET SBTHAVE. 43RD AVE. 860 268 42 0 550 36% 2030E 16TH STREET 43RDAVE. 27TH AVE. 860 287 40 0 533 38% 2030W 16TH STREET 43RD AVE. 27TH AVE. 860 401 34 0 425 51% 2040E 16TH STREET 27THAVE. 20TH AVE. 860 338 29 0 493 43% 2040W 16TH STREET 27THAVE. 20TH AVE. 860 529 45 0 286 57% 2050E 16THSTREET 20THAVE. OLD DIXIE HWY 1,260 492 19 0 749 41% 2050W 16TH STREET 20THAVE. OLD DIXIE HWY 1,260 696 36 0 528 58% 2060E 16TH/17TH STREET OLD DIXIE HWY U.S.1 1,710 572 37 0 1,101 36"/4 2060W 16TH/17TH STREET OLD DIXIE HWY U.S.1 1,710 446 34 0 1,230 28% 2110E 17TH STREET U.S.1 INOlAN RIVER BLVD. 1,710 507 25 0 1,178 31% 2110W 17TH STREET U.S.1 IND1AN RIVER BLVD. 1,710 645 18 0 1,047 39% 2120E 17TH STREET INDIAN RIVER BLVD. S.R. A1A 1,860 999 17 0 844 55% 157 20 AC REZONING (RM-6 to RM-8) Traffic counts In the EXISTING column were collected In 2008 Trips indicated in the VESTED column are as of 7/08/2009 %of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 2120W 17TH STREET INDIAN RIVER BLVD. S.R.A1A 1,860 696 9 0 955 49% 2210E 12TH STREET 82NDAVE. 58TH AVE. 870 44 2 0 624 5% 2210W 12TH STREET 82ND AVE. 58TH AVE. 670 116 0 0 752 14% 2220E 12TH STREET 58TH AVE. 43RDAVE. 860 202 44 0 614 29% 2220W 12TH STREET SBTHAVE. 43RD AVE. 860 244 36 0 560 33% 2230E 12TH STREET 43RD AVE. 27THAVE. B60 310 21 0 529 38% 2220W 12TH STREET 43ADAVE. 27THAVE. 860 366 19 0 475 45% 2240E 12TH STREET 27THAYE. 20TH AVE. 860 369 17 0 474 45% 2240W 12TH STREET 27TH AVE. 20THAVE. 660 474 16 0 370 57% 2250E 12TH STREET 20THAVE. OLD DIXIE HWY 660 432 21 0 407 53% 2250W 12TH STREET 20THAVE. OLD DIXIE HWY 860 655 16 0 167 78'¼ 2260E 12TH STREET OLD DIXIE HWY U.S.1 1,368 563 16 0 789 42% 2260W 12TH STREET OLD DIXIE HWY U.S.1 1,368 749 18 0 601 56% 2305N OLD DIXIE HWY S. COUNTY LINE OSLO ROAD 860 321 16 0 521 39% 2305S OLD DIXIE HWY S. COUNTY LINE OSLO ROAD 860 461 8 0 391 55% 2310N OLD DIXIE HWY OSLO ROAD 4THSTREET 860 364 48 0 448 48% 2310S OLD DIXIE HWY OSLO ROAD 4TH STREET 860 466 40 0 352 59% 2315N OLD DIXIE HWY 4THSTREET 8TH STREET 810 391 47 0 372 54% 2315S OLD DIXIE HWY 4THSTREET 8TH STREET 810 526 46 0 236 71% 2320N OLD DIXIE HWY BTHSTREET 12THSTREET 810 476 25 0 309 62% 2320S OLD DIXIE HWY BTHSTREET 12TH STREET 810 605 27 0 178 78% 2325N OLD DIXIE HWY 12TH STREET S. VB CITYL 810 421 9 0 380 53% 2325S OLD DIXIE HWY 12THSTREET S. VB CITY L 810 338 13 0 459 43% 2330N OLD DIXIE HWY s. vscrrvL 16THSTREET 650 421 9 0 420 51% 2330S OLD DIXIE HWY S. VBCITYL 16TH STREET 850 338 10 0 502 41% 2335N OLD DIXIE HWY 16TH STREET S.R. 60 850 278 17 0 555 35% 2335S OLD DIXIE HWY 16TH STREET S.R. 60 650 198 15 0 637 25% 2345N OLD DIXIE HWY 41STSTREET 45TH STREET 860 187 37 0 636 26% 2345S OLD DIXIE HWY 41STSTREET 45TH STREET 860 181 22 0 657 24% 2350N OLD DIXIE HWY 45TH STREET 49TH STREET 860 75 51 0 734 15% 2350S OLD DIXIE HWY 45TH STREET 49TH STREET 660 91 25 0 744 13% 2355N OLD DIXIE HWY 49THSTREET 65THSTREET B60 133 78 0 649 25% 2355S OLD DIXIE HWY 49TH STREET 65THSTREET 860 60 60 0 740 14% 2360N OLD DIXIE HWY 65TH STREET 69TH STREET 660 126 19 0 715 17% 2360S OLD DIXIE HWY 6STHSTAEET 69TH STREET B60 55 12 0 793 8% 2365N OLD DIXIE HWY 69THSTAEET C.R. 510 860 146 27 0 667 20% 23655 OLD DIXIE HWY 69THSTREET C.R. 510 660 135 8 0 717 17% 2410N 27THAVENUE S. COUNTY LINE OSLOAOAD 1,268 596 239 0 433 66% 2410S 27TH AVENUE S. COUNTY LINE OSLOAOAD 1,268 645 410 0 13 99% 2420N 27TH AVENUE OSLO ROAD 4TH STREET 1,268 537 155 0 576 55% 2420S 27TH AVENUE OSLO ROAD 4TH STREET 1,268 676 246 0 342 73% 2430N 27TH AVENUE 4TH STREET 8TH STREET 1,020 479 101 0 440 57% 24308 27THAVENUE 4TH STREET 8TH STREET 1,020 ns 179 0 62 94% 2440N 27TH AVENUE 8TH STREET 12THSTREET 1,020 458 75 0 487 52% 2440S 27THAVENUE 8TH STREET 12TH STREET 1,020 767 129 0 104 90% 2450N 27TH AVENUE 12THSTREET S. VBCJTYL 1,020 623 65 0 132 87% 2450S 27THAVENUE 12TH STREET S. VB CITYL 1,020 774 113 0 133 87% 2460N 27THAVENUE S. VBCITYL 16TH STREET 1,020 623 60 0 137 67% 2460S 27THAVENUE S. VBCITYL 16TH STREET 1,020 774 110 0 136 87% 2470N 27THAVENUE 16TH STREET S.R.60 1,020 417 37 0 566 45% 2470S 27THAVENUE 16TH STREET S.R.60 1,020 710 60 0 250 75% 158 20 AC REZONING (RM-6 to RM-8) Traffic counts In the EXISTING column were collected in 2008 Trips indicated In the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 2480N 27THAVENUE S.R. 60 ATLANTIC BLVD. 810 257 18 0 535 34% 2480S 27THAVENUE S.R. 60 ATLANTIC BLVD. 810 424 27 0 359 56% 2510N 27THAVENUE ATLANTIC BLVD. AVIATION BLVD. 810 346 2 0 462 43% 2510S 27TH AVENUE ATLANTIC BLVD. AVIATION BLVD. 810 491 4 0 315 61% 2530E OSLO ROAD 82N0AVE. 58THAVE. 870 271 58 0 541 38% 2530W OSLO ROAD 82ND AVE. SBTHAVE. 870 175 64 0 631 27% 2540E OSLO ROAD 58THAVE. 43RD AVE. 1,953 595 179 0 1,179 40% 2540W OSLO ROAD 58TH AVE. 43RDAVE. 1,953 438 65 0 1,450 26% 2550E OSLO ROAD 43ADAVE. 27TH AVE. 1,953 831 156 0 966 51% 2550W OSLO ROAD 43RD AYE. 27TH AVE. 1,953 647 127 0 1,179 40% 2560E OSLO ROAD 27THAVE. 20THAVE. 1,953 480 87 0 1,386 29% 2560W OSLO ROAD 27THAVE. 20THAVE. 1,953 605 61 0 1,287 34% 2570E OSLO ROAD 20THAVE. OLD DIXIE HWY 1,953 486 155 0 1,312 33% 2570W OSLO ROAD 20THAVE. OLD DIXIE HWY 1,953 637 150 0 1,166 40% 2580E OSLO ROAD OLD DIXIE HWY U.S.1 1,953 468 100 0 1,385 29% 2580W OSLOE\OAD OLD DIXIE HWY U.S.1 1,953 623 105 0 1,225 37% 2610E 6THAVENUE 17TH STREET S. VB CITY L 860 335 5 0 520 40% 2610N 6THAVENUE 17TH STREET S. VBCITY L 860 330 0 529 38% 2610S 6TH AVENUE 17TH STREET S. VB CITY L 860 475 4 0 381 56% 2620N 6THAVENUE S. VB CITYL S.R.60 850 337 2 0 511 40% 2620S 6THAVENUE S. VBCITYL S.R. 60 850 441 0 408 52% 2710N 10TH AVENUE S.R. 60 ROYAL PALM BLVD. 810 130 0 0 680 16% 2710S 10TH AVENUE S.R. 60 ROYAL PALM BLVD. 610 153 0 0 657 19% 2720N 10TH AVENUE ROYAL PALM BLVD. 17TH STREET 810 194 0 0 616 24% 2720S 10TH AVENUE ROYAL PALM BLVD. 17TH STREET 810 155 0 0 655 19% 2810N 20THAVENUE OSLO ROAD 4TH STREET 860 282 64 0 514 40% 2810S 20THAVENUE OSLO ROAD 4TH STREET 860 557 113 0 190 78% 2820N 20THAVENUE 4TH STREET 8TH STREET 810 340 31 0 439 46% 2820S 20TH AVENUE 4TH STREET 8TH STREET 810 570 52 0 188 77% 2830N 20TH AVENUE 8TH STREET 12TH STREET 610 315 24 0 471 42% 2830S 20TH AVENUE BTHSTREET 12TH STREET 610 521 37 0 252 69% 2840N 20TH AVENUE 12TH STREET S. VB CITYL 1,710 330 15 0 1,365 20% 2840S 20THAVENUE 12THSTREET S. VB CITYL 1,710 637 11 0 1,062 38% 2850N 20TH AVENUE S. VBCITY L 16TH STREET 1,800 330 6 0 1,464 19% 285DS 20TH AVENUE S. VBCITYL 16THSTREET 1,800 637 11 0 1,152 36% 2860N 20TH AVENUE 16TH STREET S.R.60 1,800 312 11 0 1,4n 18% 2860S 20TH AVENUE 16TH STREET S.R.60 1,800 385 13 0 1,402 22% 2870N 20TH AVENUE S.R. 60 ATLANTIC BLVD. 850 142 8 0 700 18% 287DS 20TH AVENUE S.R.60 ATLANTIC BLVD. 850 134 12 0 704 17% 2905N 43ADAVENUE S. COUNTY LINE OSLO ROAD 950 354 134 0 462 51% 2905S 43RD AVENUE S. COUNTY LINE OSLO ROAD 950 354 218 0 378 60% 2910N 43RD AVENUE OSLO ROAD 4TH STREET 1,068 477 120 0 471 56% 2910S 43RD AVENUE OSLO ROAD 4TH STREET 1,068 523 173 0 372 65% 2915N 43RD AVENUE 4TH STREET BTHSTREET 1,020 447 103 0 470 64% 2915S 43RD AVENUE 4TH STREET BTHSTREET 1,020 655 155 0 210 79% 2920N 43RD AVENUE 8TH STREET 12TH STREET 1,071 497 97 0 4n 55% 2920S 43RD AVENUE 8TH STREET 12TH STREET 1,071 644 146 0 281 74% 2925N 43RD AVENUE 12TH STREET 16TH STREET 1,071 481 71 0 539 50% 2925S 43RD AVENUE 12TH STREET 16TH STREET 1,071 663 110 0 298 72% 2930N 43RD AVENUE 16THSTREET S.R. 60 1,071 516 69 0 486 55% 2930S 43RD AVENUE 16TH STREET S.R. 60 1,071 713 100 0 258 76% 159 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected in 2008 Trips indicated in the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 2935N 43ADAVENUE S.R. 60 26TH STREET 1,796 390 73 0 1,333 26% 2935S 43RD AVENUE S.R. 60 26TH STREET 1,796 581 28 0 1,187 34% 2940N 43RD AVENUE 26THSTREET 41ST STREET 860 362 105 0 393 54% 2940S 43RD AVENUE 26THSTREET 41STSTREET 860 459 37 0 364 58% 2945N 43RD AVENUE 41STSTREET 45TH STREET 860 253 83 0 524 39% 29455 43RD AVENUE 41STSTREET 45THSTREET 860 247 42 0 571 34% 2950N 43RD AVENUE 45TH STREET 49THSTAEET B60 203 111 0 546 37%. 2950S 43RD AVENUE 45TH STREET 49THSTAEET 860 129 45 0 686 20% 3005N 58TH AVENUE OSLO ROAD 4TH STREET 1,860 438 72 0 1,350 27% 30-05S 58TH AVENUE OSLO ROAD 4TH STREET 1,860 526 107 0 1,227 34% 3010N 58TH AVENUE 4THSTREET 8TH STREET 1,710 567 57 0 1,086 36% 3010S 58TH AVENUE 4TH STREET 8TH STREET 1,710 659 83 0 968 43% 3015N 58TH AVENUE 8TH STREET 12THSTREET 1,710 739 BB 0 883 48% 3015S 58TH AVENUE 8TH STREET 12TH STRE!;T 1;710 832 66 0 810 53% 3020N 58TH AVENUE 12TH STREET 16TH STREET 1,710 1,129 136 0 445 74% 3020S 58TH AVENUE 12THSTREET 16TH STREET 1,710 924 111 0 675 61% 3025N 58TH AVENUE 18TH STREET S.R.60 1,710 1,152 207 0 351 79% 3025S 58TH AVENUE 16TH STREET S.R.60 1,710 1,115 192 0 403 76% 3030N 58TH AVENUE S.R. 60 41STSTREET 1,860 906 148 0 806 57% 3030S 58TH AVENUE S.R. 60 41STSTREET 1,860 785 107 0 968 48% 3035N 58TH AVENUE 41STSTREET 45THSTREET 660 537 119 0 204 76% 3035S 58TH AVENUE 41STSTREET 45THS1REET 860 450 99 0 311 64% 3040N 58TH AVENUE 45THSTREET 49TH STREET 660 484 190 0 166 78% 3040S 58TH AVENUE 45THSTREET 49TH STREET 860 416 110 0 334 61% 3045N 58TH AVENUE 49THSTREET 65TH STREET 860 549 256 0 55 94% 3045S 58TH AVENUE 49TH STREET 65TH STREET 860 369 127 0 344 60% 3050N 58TH AVENUE 65TH STREET 69TH STREET 860 418 99 0 343 60% 3050S 58TH AVENUE 65THSTREET 69THSTREET 860 304 111 0 445 48% 3055N 58TH AVENUE 69THSTAEET C.R. 510 860 357 67 0 416 52% 3055S 58TH AVENUE 69THSTREET C.R.510 860 274 82 0 504 41% 3120N 66TH AVENUE S.R.60 26TH STREET 860 494 141 0 225 74% 3120S 66TH AVENUE S.R.60 26TH STREET 860 426 64 0 348 60% 3130N 66THAVENUE 26TH STREET 41STSTREET 860 624 148 0 68 90% 3130S 66TH AVENUE 26TH STREET 41STSTREET 860 389 96 0 375 56% 3140N 66TH AVENUE 41STSTREET 45TH STREET 950 611 66 0 273 71% 3140S 66TH AVENUE 41STSTREET 45TH STREET 950 337 55 0 558 41% 3150N 66TH AVENUE 45TH STREET 65THSTREET 870 557 70 0 243 72% 3150S 66THAVENUE 45TH STREET 65THSTREET 870 311 55 0 504 42% 3160N 66TH AVENUE 65TH STREET 69TH STREET 870 577 44 0 249 71% 3160S 66TH AVENUE 65THSTREET 69TH STREET 870 308 41 0 521 40% 3170N 66TH AVENUE 69THSTREET C.R. 510 860 775 59 0 26 97% 3170S 66THAVENUE 69THSTREET C.R. 510 860 350 49 0 461 46% 3210N 74THAVENUE 16TH STREET SR60 860 112 0 0 748 13% 3210S 74THAVENUE 16TH STREET SR60 860 116 0 0 744 13% 3310N 82ND AVENUE OSLO ROAD 4TH STREET 950 167 16 0 765 19% 3310S 82ND AVENUE OSLO ROAD 4TH STREET 950 228 22 0 700 26% 3320N 82ND AVENUE 4TH STREET 12TH STREET 950 168 84 0 678 29% 3320S 82NDAVENUE 4TH STREET 12TH STREET 950 169 139 0 622 35% 3330N 82ND AVENUE 12TH STREET S.R.60 860 230 189 0 441 49% 3330S 82ND AVENUE 12TH STREET S.R.60 860 255 226 0 377 56% 3340N 82ND AVENUE S.R.60 65TH STREET 410 24 15 0 371 10% 160 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected in 2008 Trips Indicated In the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 3340S 82NDAVENUE S.R.60 65TH STREET 410 31 16 0 363 11% 3350N 82NDAVENUE 65TH STREET 69TH STREET 410 15 15 0 380 7% 3350S 82NDAVENUE 65TH STREET 69TH STREET 410 68 15 0 327 20% 3360N 9BTHAVENUE 8TH STREET 12THSTAEET 860 69 42 0 749 13% 3360S 98THAVENUE 8TH STREET 12TH STREET 860 127 n 0 656 24% 3370N 98TH AVENUE 12TH STREET 16TH STREET 860 82 105 0 673 22% 3370S 98THAVENUE 12TH STREET 16TH STREET 860 57 192 0 611 29% 3380N 98THAVENUE 16TH STREET SR60 860 33 105 0 722 16% 3380S 98THAVENUE 16TH STREET SA60 860 29 192 0 639 26% 3390N 98THAVENUE SA60 26TH STREET 860 16 0 0 844 2% 3390S 9BTHAVENUE SRSO 26THSTREET 860 17 0 0 843 2% 3610E 77TH STREET 66TH AVE. U.S.1 820 68 6 0 746 9% 3610W 77THSTAEET 66THAVE. u.s.1 820 133 0 0 667 16% 3710E 69TH STREET 82NDAVE. 66TH AVE. 410 51 33 0 326 20% 3710W 69THSTAEET 82NDAVE. 66THAVE. 410 47 33 0 330 20% 3720E 69TH STREET 66THAVE. 58TH AVE. 870 38 25 0 807 7% 3720W 69TH STREET 66TH AVE. 58TH AVE. 870 61 22 0 787 10% 3730E 69TH STREET 58THAVE. OLD DIXIE HWY 870 50 13 0 807 7% 3730W 69THSTREET 58TH AVE. OLD DIXIE HWY 870 76 14 0 780 10% 3740E 69TH STREET OLD DIXIE HWY U.S.1 870 54 4 0 812 7% 3740W 69THSTAEET OLD DIXIE HWY U.S.1 870 BO 4 0 786 10% 3820E 65TH STREET 66THAVE. 58THAVE. 870 53 20 0 797 8% 3820W 65THSTAEET 66TH AVE. 58TH AVE. 870 59 19 0 792 9% 3830E 65TH STREET SBTHAVE. OLD DIXIE HWY 870 66 15 0 789 9% 3830W 65TH STREET 58TH AVE. OLD DIXIE HWY 870 88 16 0 766 12% 3840E 65TH STREET OLD DIXIE HWY U.S.1 870 55 0 814 6% 3840W 65TH STREET OLD DIXIE HWY U.S.1 870 69 4 0 797 8% 4220E 49TH STREET 66TH AVE. 58TH AVE. 860 22 30 0 808 6% 4220W 49THSTREET 66THAVE. 58TH AVE. 860 33 19 0 808 6% 4230E 49THSTREET 58TH AVE. 43RD AVE. 860 130 11 0 713 17% 4230W 49TH STREET 58TH AVE. 43RDAVE. 860 216 28 0 616 28% 4240E 49THSTREET 43RDAVE. OLD DIXIE HWY 810 231 65 0 514 37% 4240W 49TH STREET 43RDAVE. OLD DIXIE HWY 810 164 67 0 579 29% 4250E 49THSTREET OLD DIXIE HWY U.S.1 810 113 5 0 692 15% 4250W 49TH STREET OLD DIXIE HWY U.S.1 810 154 21 0 635 22% 4320E 45THSTREET 66TH AVE. 58THAVE. 860 114 10 0 736 14% 4320W 45TH STREET 66TH AVE. 58THAVE. 860 132 9 0 719 16% 4330E 45THSTREET 58TH AVE. 43RDAVE. 860 183 17 0 660 23% 4330W 45TH STREET 58THAVE. 43RD AVE. 860 230 42 0 588 32% 4340E 45THSTREET 43RDAVE. OLD DIXIE HWY 860 278 20 0 562 35% 4340W 45TH STREET 43RD AVE. OLD DIXIE HWY 860 302 24 0 534 38% 4350E 45TH STREET OLD DIXIE HWY lNDIAN RIVER BLVD. 860 170 8 0 682 21% 4350W 45THSTREET OLD DIXIE HWY INDIAN RIVER BLVD. 860 289 21 0 550 36% 4420E 41ST STREET 66TH AVE. 58THAVE. 870 90 5 0 n5 11% 4420W 41STSTREET 66THAV.E. 58TH AVE. 870 176 3 0 691 21% 4430E 41ST STREET 58TH AVE. 43RD AVE. 860 246 0 0 614 29% 4430W 41STSTREET 58THAVE. 43RD AVE. 860 325 11 0 524 39% 4440E 41STSTAEET 43RDAVE. OLD DIXIE HWY 860 224 21 0 615 28% 4440W 41STSTREET 43RD AVE. OLD DIXIE HWY 860 234 9 0 617 28% 44SOE 41ST STREET OLD DIXIE HWY tNDIAN RIVER BLVD. 860 114 3 0 743 14% 4450W 41STSTAEET OLD DIXIE HWY INDIAN RIVER BLVD. 860 184 15 0 661 23% 161 ., 20 AC REZONING (RM-6 to RM-8) Traffic counts in the EXISTING column were collected i~ 2008 Trips indicated In the VESTED column are as of 7/08/2009 % of LOS LINK ON STREET FROM STREET TO STREET CAPACITY EXIST. VESTED PROJECT REMAINING W/ "D" PROJECT 4460E 37TH STREET U.S.1 INOIAN RIVER BLVD. 860 404 8 0 448 48% 4460W 37TH STREET U.S.1 INOIAN RIVER BLVD. 860 825 14 0 21 98% 4720E 26TH STREET 66TH AVE. 58THAVE. 860 670 44 0 146 83% 4720W 26TH STREET 66THAVE. 58THAVE. 860 427 41 0 392 54% 4730E 26THSTAEET SSTHAVE. 43RDAVE. 860 689 28 0 143 83% 4730W 26TH STREET 58TH AVE. 43ADAVE. 860 579 35 0 246 71% 4740E 26TH STREET 43RD AVE. AVIATION BLVD. 860 428 10 0 422 51% 4740W 26THSTREET 43RD AVE. AVIATION BLVD. 860 635 16 0 209 76% 4750E 26TH STREET AVIATION BLVD. 27THAVE. 860 100 20 0 740 14% 4750W 26TH STREET AVIATION BLVD. 27TH AVE. 860 158 27 0 675 22% 45soE 8TH STREET 58TH AVE. 43RDAVE. 860 392 18 0 450 48% 4830W 8TH STREET SSTHAVE. 43RDAVE. 860 256 9 0 595 31% 4640E 8TH STREET 43RDAVE. 27THAVE. 860 438 43 0 379 56% 4640W BTHSTREET 43RD AVE. 27THAVE. 860 327 26 0 507 41% 4850E 8TH STREET 27THAVE. 20THAVE. 860 371 10 0 479 44% 4850W 8TH STREET 27TH AVE. 20THAVE. 860 498 9 0 383 55% 4860E 8TH STREET 20TH AVE. OLD DIXIE HWY 810 343 15 0 452 44% 4860W 8TH STREET 20THAVE. OLD DIXIE HWY 810 576 19 0 215 73% 4870E 8TH STREET OLD DIXIE HWY U.S.1 810 303 19 0 488 40% 4870W 8TH STREET OLD DIXIE HWY U.S.1 810 498 25 0 287 65"/., 48BOE 8TH STREET U.S.1 INDlAN RIVER BLVD. 860 208 12 0 640 26% 4880W 8TH STREET U.S.1 INDlAN RIVER BLVD. 860 424 12 0 424 51% 4910E 4TH STREET 82ND AVE. 58TH AVE. 870 76 2 0 792 9% 4910W 4THSTREET 82NDAVE. 58THAVE. 870 92 1 0 777 11% 4930E 4TH STREET SBTHAVE. 43RD AVE. 860 172 11 0 sn 21% 4930W 4TH STREET 58TH AVE. 43RDAVE. 860 177 7 0 676 21% 4940E 4TH STREET 43RD AVE. 27THAVE. 860 243 20 0 597 31% 4940W 4TH STREET 43RDAVE. 27THAVE. 860 241 16 0 603 30% 4950E 4TH STREET 27THAVE. 20TH AVE. 860 219 10 0 631 27% 4950W 4TH STREET 27TH AVE. 20TH AVE. 860 261 13 0 586 32% 4960E 4TH STREET 20TH AVE. OLD DIXIE HWY 860 281 36 0 543 37% 4960W 4TH STREET 20THAVE. OLD DIXIE HWY 860 400 52 0 408 53% 4970E 4THSTREET OLD DIXIE HWY U.S.1 810 432 32 0 346 57% 4970W 4THSTAEET OLD DIXIE HWY U.S.1 810 514 37 0 259 68% 5010E 16TH STREET 74THAVENUE 82NDAVENUE 860 79 0 0 781 9% 5010W 16TH STREET 74TH AVENUE 82NDAVENUE 860 56 0 0 804 7% 5610E FRED TUERK OR. A1A W. OF COCONUT DR. 860 123 0 0 737 14% 5610W FRED TUERK DR. A1A W. OF COCONUT DA. 860 90 0 0 770 10% 5710E WINTER BEACH RD. A1A JUNGLE TRAIL 860 45 8 0 807 6% 5710W WINTER BEACH RD. A1A JUNGLE TRAIL 860 95 4 0 761 12% 5810E ATLANTIC BLVD. 27THAVE. 20THAVE. 860 83 0 778 10% 5810W ATLANTIC BLVD. 27TH AVE. 20THAVE. 860 113 0 0 747 13% 5820E ATLANTIC BLVD. 20TH AVE. U.S.1 860 222 0 637 26% 5820W ATLANTIC BLVD. 20THAVE. U.S.1 860 263 3 0 594 31% 5910E AVIATION BLVD. 26TH STREET 27TH AVE. 1,280 538 9 0 735 43% 5910W AVIATION BLVD. 26TH STREET 27THAVE. 1,280 679 11 0 590 54% 6010E ROYAL PALM BLVD. ROYAL PALM PL INDIAN RIVER BLVD. 880 223 0 0 657 25% 6010W ROYAL PALM BLVD. ROYAL PALM PL INOIAN RIVER BLVD. 880 131 9 0 740 16% 6110E ROYAL PALM PL U.S.1 INOIAN RIVER BLVD. 880 146 3 0 731 17% 6110W ROYAL PALM PL U.S.1 INDIAN RIVER BLVD. 880 277 17 0 586 33% K:\VRB_Roadway\Traffic Master\20 AC Rezoning\{20 AC Rezoning Link Tables 7-08-09.xls]Link Tables 162 ORDINANCE NO. 2009-_ AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 19.98 ACRES LOCATED SOUTH OF S.R. 60 AND APPROXIMATELY 1350 FEET WEST OF 58TH AVENUE FROM RM-6, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM-8, MULTI-FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan ofindian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to-wit: THE EAST 20 ACRES OF TRACT 10, SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND SUBJECT TO A CONSERVATION EASEMENT IN FAVOR OF INDIAN RIVER COUNTY AS RECORDED IN ORB 1913, PG. 2060 ~ND SUBJECT. OF EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD .• F:\Community Development\Rezonings\SR 60 VERO LLC-2009-ZC-574\Ordinance SR60 Vero LLC chair, vice chair removed.doc Page I of3 ;,163 ORDINANCE NO. 2009-_ Said property containing 19.98 acres more or less, subject to all easement, reservations, restrictions and rights-of-way. is changed from RM-6, Multi-Family Residential District (up to 6 units/acre), to RM-8, Multi Family Residential District (up to 8 units/acre). All with the meaning and intent as set forth and described m said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 17_ day of November, 2009. This ordinance was advertised in the Press-Journal on the 2nd day of November 2009, for a public hearing to be held on the .J.t1'_ day of November, 2009 at which time it was moved for adoption by Commissioner______~ seconded by ______~ and adopted by the following vote: Wesley S. Davis, Commissioner Joseph E. Flescher, Commissioner Gary C. Wheeler, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: ------Chairman ATTEST BY: ------Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: ------ z;~AND LEGAL SUFFICIENCY -ftc William G. Collins II, County Attorney F:\Community Development\Rezonings\SR 60 VERO LLC•2009·ZC•574\Ordinance SR60 Vero LLC chair, vice chair removed.doc Page 2 of3 164 ORDINANCE NO. 2009-_ ED AS TO PLANNING MATTERS · y Development Director F:\Community Development\Rezonings\SR 60 VERO LLC-2009-ZC-574\Ordinance SR60 Vero LLC chair, vice chair removed.doc Page 3 of3 165 JOA~ Office o/ BCC 11 / 17 / 09 Public Hearing INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney George A. Glenn, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners &-- FROM: William K. DeBraal, Deputy County Attorney ~~ THROUGH: t,V(,William G. Collins, II, County Attorney DATE: November 6, 2009 RE: Ordinance Requiring Registered Sex Offenders to Notify to Operators of Temporary Emergency Shelters State law requires certain convicted sexual offenders and predators to register with local law enforcement, informing law enforcement of their place of residence. During a declared emergency, it is possible that some of the convicted sex offenders might need to utilize a temporary shelter. Shelter operators might have no way of discovering if a sexual offender has been admitted to the shelter, unless some notice requirement is enacted. The attached ordinance amendment provides that registered sex offenders must notify the person in charge of the shelter of their status. Recommendation: Staff recommends the Board conduct the necessary Public Hearing and consider adopting this ordinance amendment. Indian Riv-er Co. Admln. APPROVED FOR -__ / "/ ~ 0 7- {) tj Legal 8.C.C. MEET! G - / la., f--..le{l_V(n{j Budget Dept. COUNTY ATTORNE Risk Mgr. 166 ORDINANCE 2009-__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE SECTION 306.06, REQUIRING REGISTERED SEX OFFENDERS TO IDENTIFY THEMSELVES AS REGISTERED SEX OFFENDERS UPON ENTRY INTO AN EMERGENCY SHELTER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, Indian River County's emergency plans call for shelters to be open to the public in the case of an emergency, and WHEREAS, the shelters can be filled to capacity for several days at a time during the tendency of the emergency, voluntary evacuation or mandatory evacuation; and WHEREAS, there is no requirement in statute or ordinance to identify potentially harmful or dangerous people when they enter the shelter; and WHEREAS, the Board is concerned with the health, safety and welfare of the inhabitants of a shelter in time of an emergency; and WHEREAS, registered sex offenders pose a potential threat to the inhabitants of the shelter; and WHEREAS, the Board deems it necessary for the registered sex offenders to identify their status to the person in charge of the shelter so that steps may be taken to protect the other residents of the shelter, WHEREAS, Indian River County Code section 306.06 requires persons who have been convicted of certain sex offenses to register their residence with the sheriff, and WHEREAS, registered sex offenders should identify themselves as registered sex offenders to the person in charge of the shelter at the time they are admitted into the shelter, NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that SECTION 1. AMENDMENT. Section 306.06 is hereby amended to read as follows: I Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 167 ORDINANCE 2009-__ Section 306.06. Residency restrictions for registered sex offenders. For purposes of this section, "person" means a person who has committed a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor and is required by Florida Statutes to register their residence with the Sheriff. (1) A person shall not reside within two thousand five hundred feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility. (2) A person who resides within two thousand five hundred feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility, commits a misdemeanor. (3) A person residing within two thousand five hundred (2,500) feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility does not commit a violation of this section if any of the following apply: a. The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility. b. The person is subject to an order of commitment under F.S. Ch. 394. C. The person has established a residence prior to the February 7, 2006, or a school or child care facility is newly located on or after February 7, 2006. d. The person is a minor or a ward under a guardianship. e. A state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as· an emergency shelter. 1. If a person seeks shelter in a facility that has been designated as an emergency shelter, the person shall notify the official in charge of the shelter that he or she is a person required to register their residence under Florida Law. If sufficient space permits, the persons may be kept in a separate room at the shelter. Failure to notify the official in charge of the shelter of a person's requirement to register their residence shall be a violation of this section. (Ord. No. 2006-004, § 1, 2-7-06) 2 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 168 ORDINANCE 2009-__ SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Press Journal on the 6th day of November , 2009, for a public hearing on -1...:Z.:t.Way of November , 2009, at which time ii was moved for adoption by Commissioner ------~ and seconded by Commissioner ______, and adopted by the following vote: Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler The Chairman thereupon declared the ordinance duly passed and adopted this __ day of ______, 2009. INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk by its Board of County Commissioners By ______By ______Deputy Clerk , Chairman 3 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 169 ORDINANCE 2009-__ Approved as to form and Legal BCC Approved: Sufficiency (L- ACKNOWLEDGMENT by the Department of State of the State of Florida, this __ day of ____, 2009. 4 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 170 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /0131 REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters ou which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Gordon Michael ADDRESS: 2655 69th Street, Vero Beach PHONE: 772-473-1802 SUBJECT MATTER FOR DISCUSSION: Dedication of portion of SR60 to Corporal Richard Raczkoski IS A PRESENTATION PLANNED? DYES ~NO IS BACK-UP BEING PROVIDED DYES ~NO IS THIS AN APPEAL OF A DECISION DYES ~NO WHAT RESOLUTION ARE YOU Approval of Dedication REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUffiED? D YES ~NO WHAT FUNDS OR ACTIVITIES ARE REQUffiED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail MEETING DATE: Hand Delivered X Phone F:\County Admin\ExecAsstlAGENDA\Public Discussion Items Fann.doc Board Approved I ln/06 171 /oel,, PUBLIC NOTICE ITEM INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM DATE: NOVEMBER 6, 2009 TO: JOSEPH A. BAIRD COUNTY ADMINISTRATOR \ ~ ·_c.··· FROM: W.ERIKOLSON ~ ~ DIRECTOR OF UTILI .. SERVICES . .... · ·· .PREPARED .·. ·. < A.ND STAFFED ·. BY: ··sUBJECT: SHELL LANE EAST A PORTION OF SUMMERPLACE, PETITION SEWER SERVICE INDIAN RIVER COUNTY PROJECT NO. UCP-4039 PUBLIC NOTICE ITEM The above item is scheduled for public hearing on DECEMBER 1, 2009, Please include this notice in the agenda for the meeting prior, on NOVEMBER 17, 2009. · ·.·· ... ··.·. JDC/jdc •November 6, 2009 --, APPROVED FOR AGENDA: ', I__,_-,,·,,:,, 1, C.''' ',.,. B F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\SUMMERPLACE SEWER PROJECT\SHELL LANE EAST SEWER PROJECT\Agenda PUBLIC NOTICE ITEM SHELL LANE EAST.doc 172 PUBLIC NOTICE ITEM - 11/17/09 / Office of oc, ?-_, INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney George A Glenn, Assistant County Attorney TO: The Board of County Commissioners FROM: lJIV'William G. Collins II - County Attorney DATE: November 9, 2009 SUBJECT: Public Notice of Public Hearing Scheduled for December 1, 2009 on Proposed Ordinance to Create a New Gifford Community Center MSTU NOTICE OF PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will conduct a Public Hearing on Tuesday, December 1, 2009 at 9:00 a.m., or as soon thereafter as may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 2?1h Street, Vero Beach, Florida 32960, with respect to a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A "GIFFORD COMMUNITY CENTER MUNICIPAL SERVICES TAXING UNIT"; PROVIDING FOR PURPOSE; METHOD OF ESTABLISHMENT; DETERMINATION OF COST; LEVY OF MILLAGE; ADOPTION OF BUDGET; EXEMPTIONS; DISPOSITION OF PROCEEDS FROM LEVY OF MILLAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. tneill Riv« Co. Admln. Legal Budget Depl Risk Mgr. ld.:SL INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD MEMORANDUM DATE: NOVEMBER 9, 2009 TO: JOSEPH A. BAIRD, COUNTY ~RATOR FROM: w. ERIK OLSON, D~R OF UTILITY SERVICES SUBJECT: ELECTRIC RESOLUTION AND SCOPE OF AUTHORITY OF UTILITY ADVISORY COMMITTEE It is has been recommended by Dr. Steven Faherty, that the Utility Advisory Committee be directed to review and make recommendations to the Board of County Commissioners relative to the City of Vero Beach Electric Franchise. This is suggested because the County's electric franchise with the City of Vero Beach will soon need to be addressed. APPROVED FOR AGENDA: Indian River Co. Administration Utilities Utilities For: ~/'/, aldo1 Le al Date ' Bud et 174 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD MEMORANDUM DATE: NOVEMBER 9, 2009 TO: JOSEPH A. BAIRD, COUNTfl\A~M!N~~- FROM: W. ERIK OLSON, DIRECTO~ uti:ZiTY SERVICES SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSULTANT ON THE CONSOLIDATION OF UTILITIES BACKGROUND: On October 15, 2009, a joint meeting was held with Indian River County (IRC), Indian River Shores (IRS), City of Vero Beach (COVB) and the City of Fellsmere (COF) to discuss countywide water and sewer consolidation. In a unanimous vote, !RC, IRS and COVB agreed to participate in the process of obtaining and independent consultant to investigate the consolidation of water and sewer services. A Consultant's Competitive Negotiation Act (CCNA) Committee was appointed consisting of two members each from IRC, IRS and COVB. The committee was required to bring back a recommendation for a consultant with a scope of work and price. The CCNA committee has met, as directed, and drafted an RFQ to be sent out. Attached is the CCNA RFQ that will be sent out for consultants. It is the intention of the committee that the consultants responding to the RFQ will submit their responses no later than Dec. 31, 2009. The committee will then review the responses and develop a recommendation for a successful respondent. APPROVED FOR AGENDA: Indian River Co. Administration Utilities Utilities Legal For: Budget 175 REQUEST FOR QUALIFICATIONS (RFQ) FOR INDIAN RIVER COUNTY, THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES The Indian River County Board of County Commissioners, the Town oflndian River Shores City Council and the City of Vero Beach City Council in compliance with the Consultants' Competitive Negotiation Act (CCNA), section 287.055, Florida Statutes (2002), announce that professional services will be required for the following project: PROFESSIONAL CONSULTING SERVICES CONTRACT FOR: INDIAN RIVER COUNTY, TOWN OF INDIAN RIVER SHORES AND CITY OF VERO BEACH WATER DISTRIBUTION SYSTEM & WATER TREATMENT FACILITIES/ WASTEWATER COLLECTION SYSTEM & WASTEWATER TREATMENT FACILITIES/ REUSE WATER DISTRIBUTION SYSTEM & REUSE WATER FACILITIES Background: Indian River County (IRC) and the City of Vero Be~ch (C:O\{B) each operates its own independent water and sewer utility system. The COVB has.9:1,>ef~ted its sys&!)l,since the mid 1920' s while IRC began providing utility services in the mid 1980!s,The Town of Itldiaµ.){iver Shores (IRS) entered into a franchise agreement with the COVB to$lerve its residents with i,1i,t9rand sewer most recently in 1986. Likewise, most recently in 1987,JJl'.C entered i!)to a franchise agi;¢_e!))oent with the COVB to serve a portion of the IRC's water and sewerutili~sustomer.l?ase. These agre~'fitents are set to expire in 2016 and 2017, respectively, unless both parties agr~~Sf;f'.tenewal with a five year prior notice. IRC currently has approximately 42,000 water customers arid\2.~_,000 sewer customers. The COVB currently provides services to about 12,000 water customers and'9;ooo sewer customers (including the two franchise areas described above). · · · . . On October 15, 2009, a joint meeting was held i-i_thfkc::,};:,<;>,~; IRS and the City of Fellsmere (COF) to discuss countywide water and sewer infrastructuri;; In ll:ulianim,911,s;yp,te, IRC, IRS and COVB agreed to participate in the process CJt9.l?J!lining an indep.~pdent consti\i!lllt to investigate the consolidation, cooperation or partnershiP,, an:d'til~t;!l:C::onsultants Coripetitive Negotiation Act Committee be appointed consisting of two me~l:5ers each fro~ IRC, IRS, an_d COVB, and that the Committee bring back a recommendation for a t'oii§ultant witli' a scope of w~rk and a price. The three jurisdictions could then reconvene to consider the C6Jilmitte~(r~.9Q!)l!)lendation ..... The successfulS£i4\{itl,u.iit:-•be ex~lifanced i~ t'h{b~~f~tion of utilities from the standpoint of infrastructure needs t? ffie6t the derii~h~Inf a gi\Y~iiZ'.41d future customer base; have the ability to analyze the entire infras1.{1~(u.~e of both utili~ S)'Stems· (IR.<:;, COVB); and have the capability to determine the most economical.• !llld efficient metb: The successful fii:m must also:.'be qualified in business management and forecasting to the extent of developing utility riltes, charges, user fees, etc.; be knowledgeable in case Jaws and state statutes governing operation, ~cquisition and consolidation of utilities; be versed at determining ownership of utilities, the depreciated '(a!ue of specific infrastructure, the value of land (other than public rights-of ways) occupied by publtc utilities, the acquisition costs considering several different scenarios of consolidation and summarizing the costs into a user fee or rate of utility use to the benefitting customer. The different rates per scenario will then be compared to determine the most economical and efficient method for operation to be recommended. The various scenarios to consider are as follows: I. Consolidation of the entire water and sewer utility system (IRC and COVB) under one entity. 2. Partial consolidation of COVB Utility system outside the city limits and the IRC Utility system in each of the franchise areas, independently and collectively. 3. Continue to operate and maintain the utilities as they exist. F:\Uti!llies\UTI L!TY - Engineering\Projeru - Ulilfty Constcue1ion Permitsl!RC - Consolidation ofCoumywide Utililies\DRAFT RFQ_Final Including Marl A general description of the scope of consulting services is as follows: I. The Consultant is to perform a basic financial analysis of both utility systems. Additionally, the Consultant will be asked to accomplish a general and broad inventory, age, depreciation and for Potable Water Distribution System and Water Treatment Facilities I Wastewater Collection System, Wastewater Treatment Facilities and Reclaimed water systems of both utilities, as well as the land that these facilities occupy ( other than public right-of-way). The information obtained in the study will be used to determine the financial strengths of both utilities for the scenarios listed above. The miscellaneous infrastructure to be considered may include, but is not limited to, the following: • Water Treatment Plants and associate appurtenance,s, including supply wells, etc . • Wastewater Treatment Plants and Associated !!PPllttenances;'iiicluding injection wells, rapid infiltration basins, etc. · · ·· · • Potable water transmission and distrib1.1tion mains and asso6i~ted appurtenances, including storage tanks, high service p)tiiips, etc. • Sanitary sewer transmission and coJJt~!ioi:.i m!lirs . !lfld associated appurtenances, including lift stations, pump stations, gravity',;s;.wer: mains, manholes, etc. • Reuse water transmission and distribution maiili !!Ild associate appurtenances including storage tanks, high service pun;tps, etc. • Land occupied by the utility fapiliti<;s (exclusive of pub)icr,ights-of-way) . 2. The successful consultant must possess ~ta;tri~!'.fO®ing thei'ollowing tasks associated with water and sewer design for ensuring future:,den;t!lfl 3. The c911sultant must e~ta.blish the legal ownership and business interest in all utilities as they pertain: tO IRC and COVB. The established ownership and depreciated value will then be factored in to establish a fair market value for the acquisition costs, should purchase of plant, land or infrastructure be considered. The successful consultant must possess staff or obtain opinions from fmns or ag~ncies agreed upon by IRC and COVB with the following expertise: • Knowledge of case Jaw as it pertains to utility infrastructure ownership based on franchise agreements, ROW ownership, etc.; • Knowledge of Florida Statutes, as they pertain to property ownership, utility ownership and utility acquisition. 4. Upon estimation of the required infrastructure improvements of each established scenario, the selected consultant may be required to develop user rates if requested. Accordingly, the successful consultant must possess or obtain the opinions from firms or agencies agreed upon by IRC and COVB with the following financial and business expertise: • Knowledge of utility rate structures as it pertains to utility acquisition, capital F:IU1ilitieslUTILITY- EngineeringlProjcc!s- Utility Construction Pennltsl!RC - Consolidation ofCoumywide UlilitleslDRAFf RFQ_Final Including Markups_3Pgs_MHotchkiss_l l-9-09 2009.docx 177 Pa2:e 2 of 10 improvements, etc.; • Knowledge of Florida Statutes as they pertain to property ownership, utility ownership and utility acquisition. A. GENERAL CRITERIA FOR SELECTION: I. Professional qualifications of firm and specific individuals to be assigned to and manage the projects. a) Qualifications of Firm: List shall not exceed three (3) pages in length. b) Specific Individuals Assigned: Provide a maximum of three (3) resumes for the personnel assigned as liaisons to Indian River County, i.e., principals / project managers. Each resume shall not exceed two pages in length. 2. List of project assignments performed in the last five (5) years (maximum), relevant to water distribution system expansions, wastewater collection system expa?~jcms, facility upgrades, capacity enhancements, modifications, improvements and renewal & repl3:9ements (R&R): • Capital improvement projects • Operi\tjfg & Maintenan9 a) Provide lisfolprn}ec\s completed algng with the name of the utility, a contact person, teleph()ne number, an:d project value .m dollars. Complete the form attached hereto as Table A. b) Completed 't&~le A lis.t:Si].aHnot exceed two (2) pages in length. 3. Consultflfii'§/pt 4. Preseiltworkload: a) Provide list of present and projected workload. Complete the form attached hereto as Table B. b) Completed Table Blist shall not exceed three (3) pages in length. 5. Evidence of professional liability insurance and error and omission insurance, or evidence that the required insurance will be provided at the time of selection. a) Attach certificates of insurance (or equivalent). 6. Demonstration of cost control performance on previous projects during the previous jive (5) years. a) Provide Complete GSA Form SF-254 for general experience. Provide a maximum list of twenty (20) projects. b) Provide Complete GSA Form SF-255 listing various utility projects completed or nearing completion. Provide a maximum list of twenty (20) projects. 7. Location of firm. a) Provide regional map of firm's office location(s) within the State of Florida. Map shall be annotated to reflect the address(s) and telephone number(s) of the office(s). b) If applicable, provide regional map of other resources (sub-consultants or other professionals) F:\UtilitleslUTJLITY - Engineering\Projecrs - Utility Construction Permits\JRC • Consolidation ofCountywide UtiliticslDRAFT RFQ_Final Including Markups_3Pgs_MHotchkiss_ l l-9·09 201)().dc,c, 178 Paee 3 of 10 committed to supporting your firm in completing the work (i.e. name of surveyor, mapper, soils testing, structural, electrical, instrumentation, mechanical, architectural, and other professionals who may be involved). Map shall be annotated to reflect the address and telephone number of each additional resource. B. FORMS OF SUBMITTAL - SUBMITTAL CONTENT: 1. Interested Consultants or firms are advised to provide in their submittals as precise information as possible pertaining to their capabilities, experience, and ability to provide the services outlined in this Request for Qualifications and to adhere to the instructions herein. 2. Each submittal must address each of the items 1 thru 7 referenced above, and shall be limited to specific instructions outlined above. A table of contents is presented below as an outline of your submission. Suggested Table of Contents. a) Cover Letter I Letter ofinterest. b) Professional Qualifications of Firm c) Professional Qualifications of specific individµals assigned to the County: d) List of project assignments performed in thf.'l~stfive year~ (Table A). e) Demonstration of ability to complete project scho;,;lules wi\hin time frames. f) List of present workload (Table B). g) Evidence of professional liability insurance. h) Evidence of error and omission insurance. i) GSA Form SF-254. j) GSAFormSF-255. k) Regional map of firm's office locatfo11(s) withrµ.!lle State ofl'lorida. I) Regional map of sub-consultants or ot11er pr9fossiq11'iiJs,committed to supporting your firm in completing qt.i/(!y.)york. · · 3. Applicants that do n9t comply with all the above instructions or do not include all the requested data may not be considered. C. INSU~J;:E R,EQUIIU))YI:ENTS: The Consylt1ng firm selec{\:9. sha!Il5erequired to furnish evidence of insurance(s) to the County as set forth bel.ow. a) The sqccessful firm shall provide Worker's Compensation insurance as required by law. b) Workers' Compensation for Employer's Liability Insurance. Statutory requirements for Worker's Compensation l'\lld employer's liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 per occurrence. c) Business Automobile Insurance. This coverage should include owned, hired, and non-owned vehicles at a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000. d) General Liability Insurance. Commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000. e) Professional Liability. Professional liability insurance at a minimum limit of$1,000,000. f) Consultant agrees to provide the insurance written by a carrier licensed to do business in the State F:\Utllilie.s\UTILITY - Engineering\Projects - Utility Construction Permits\lRC - Consolidation ofCountywide UlilitleslDRAFT RFQ_Final Including Marl g) A certificate of insurance shall be provided to the Risk Manager for review and approval, ten (10) days prior to commencement of any work under the Agreement. The Certificate shall provide for Indian River County to be named as an additional insured for work under this Agreement. h) The County shall be given 30 days prior written notification of Consultant's intent to cancel or modify any required insurance. D. SUBMISSION REQUIREMENTS: Any firm desiring to provide professional services described above shall submit expression of interest, including qualifications and experience, as outlined in the prior pages. Interested firms shall submit ten (10) copies of the requir~d information hot later than 2:00 p.m., December 31, 2009, addressed to the attention of: Purchasing Manager, Indian River County 1840 25 th St. Vero Beach, Florida 32960 Questions and/or clarifications must be submitte;,d in writing only to'T?mmy Vock, the COVB City Clerk. These questions must submitted no later than])ecew!Jer 4, 2009 to: Tammy Vock City Clerk, CQVIL 1053 20th l1hi6~ .. Vero I\~~£J1, FL 3296p Office(772J9J8-4709, Fax (772)<918.,4790 · D'.9H¾@covb.dtgC . Consult~hts m~; ~ot,sli1~1ct~y ~elI!b!"rs of the CCNA committee or public officials from any of the thref.{J) political entiti~sjn regards to this RFQ. All contacts shall be through Tammy Vock, Clerk oftfie COVB. f;IUtilitie.s\UTJLITY • Engineering\Projects - Utility Construction Perrni1s\JRC - Consolidation of Countywide Utilitie.s\DRAFT RFQ_Final Including Marl:ups_3Pgs_ MHotchkiss_ 11-9-09 2009.docx 180 Pae-e 5 of 10 Table-A- List of Recent Utility Projects: Project Type: Client ** (See Client Name Contact Year Work Est. Project below.) (Utility name) Client Address Person Performed Brie(cDescrintion of Work Performed Value($) 1.) :-·---- - .. 2.) -• _> " . 3.) . -_._._ 4.) . . -- 5.) ' 6.) ·. 7.) I . .. .- .... -. . -- 8.) • • • • ·.·.- I . ·•· 9.) ·•-.- ..· -• -· \ "" ,· --- ·.. _-... - -- - I ._ 10.) ·...... 11.) < - -. 12). . ·•·· 13.) ·- -- 14.) 15.) ~------...... , ** Project Type Examples: Rate; W/WW; Pipeline; WTP 00 ...... F;\U1ilities\UT!L!TY • Eng;,,eerfog\Projects - Utility Cons1n.,ction PermilSIIRC - Consolidation ofCoumywidc Utilities\DRAFT RFQ_Fina! Including Markups_JPgs_MHotchkfas_ 11-9-09 2009.docx Page6of10 Table-A- List of Recent Utility Projects (cont.): Project Type: ** (See Client previous Client Name Contact Year Work Est. Project page) (Utility name) Client Address Person Performed BriefIDescription of Work Performed Value($) 16.) ' ' .. · . ... · 17.) ••.•· . ·. •· . 18.) ·. ••.•· .·. ... 19.) I . ' 20.) ) ' , .,. ' 21.) .•., ... • ·•· . . · •• 22.) .· ...... • ·. ' 23.) • . ·•·. ··. 24.) •· .,· .. •. . . 25.) ·. ..···•· ....· .·.. 26.) " ,, . .,': 27). ' 28.) 29.) 30.) -00 End of Page I".,) F,\U1ili1;es\UTILJTY - Enginecring\Projeccs Utifi1y Cons1ruciion Permits II RC - Consolidation ofCoun!ywide Utilit/es\DRAl'T RFQ_Pina! Including Markups_JPgs_MHotchkiss_l 1-9-09 2009.docx Page 7 of 10 Table B - Present and Projected Workload Total fee Percent Client/project Phase ($) Comnlete '. : . . ... . ··• .... < ; ...... J: ·,, .. >· . . . •·· I . :ii!",.,'' ·.. .· . . ... .. · . .. '' ., ' ' ~ ·.·.· .. ·•·· . .... .. ·.. ·. c . . ...... 00 CA) F:IU1iliti.,.\UTfl.lTY • Engineering\Projeet, - Utility Construction Penni15\JRC- Con,olidation ofCountywide Urilities\DRAFT RFQ_Final Including Markups_3Pgs_MHotchkiss_1l-9-092009.docx Page 8 of JO Table B-Present and Projected Workload (cont.) Total fee Percent Client/project Phase ($) Comnlete .. ·.. · .. · •• . .. ...... ·...... •.· '.· ·. .- • . ... f .. ·--;- . __ , ___ i . .. . · . ·_,. .. < . _._·._" :· . . '. _. _ _,:. . •· • ...... 00 .i::=,,. F:\Utili!ies\UT!L!TY • Enginccring\Projeets - Utility Conslruclion Permits\lRC • Consolidation ofCountywide UtilitieslDRAfT RFQ_ fin~I Including Markups_ JPgs_MHotchkiss_ 11-9-09 2009.docx Page 9 of IO Table B -Present and Projected Workload (cont.) Total fee Client/project Phase Percent ($) Comolete . • . . . . ·•·· . ·. .<•. < . • ·. .... .··. <· . '' ...... ·. .· . ... . ' •... .. < .. . - •· . .·. . .. . . . . . . ' • ·.• . ...... End of Page 00 CJ'1 F:\UrilitieslUT!LJTY - Engi11ecri11g\Projects - Uti/ily Construction Permits\lRC • Consolidation of Countywide Utilities\DRAfT RFQ_Final Including Markups_3Pgs _ MHotclikiss_l 1-9-09 2009.docx Page 10 oflO 13ft Office o/ Attorney's Matters 11 / 17 / 09 INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney George A. Glenn, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGwliam G. Collins, II, County Attorney ~ FROM: William K. DeBraal, Deputy County Attorney ,Ji DATE: November 5, 2009 RE: Necessitl of Take Resolution for parcel of property located at 6816 49t Street, Linda Britcher, Parcel 142 I. INTRODUCTION The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the Resolution of Necessity for property acquisition associated with the construction of 66th Avenue north of State Road 60 (hereinafter referred to as "Project"), in Indian River County. The limits of the Project are from the intersection of SR 60 to Barber Street in Sebastian. II. PROJECT PURPOSE AND CHRONOLOGY The project consists of expanding 66th Avenue from a two lane road to a four lane road with turn lanes, improved drainage, replacement of bridges over the canal, 8' sidewalks and signalization. The project also includes roadway signing and pavement marking items. Right-of-way is needed on the side streets to accommodate increased bridge elevations and turn lanes for the three lane bridges over the canal. th Linda Britcher owns a 5 acre parcel of property located at 6816 49 Street. This property is Mrs. Britcher's homestead and lies on the west side of 66th Avenue. This site is rectangular in shape with 328.89 feet of frontage along 49th Street and is 662 feet deep. The property is located outside the urban service boundary and is zoned A-1 Agricultural. The parcel contains a 3 bedroom, 2 bath, 2,160 square foot concrete block house built in 1976. tnii1fl Aivfl° Ct. Admln. APPROVED FOR - / / - (J -= f 1- q Legal Ll .. ~~-C. ~G tl1r1,!R AGENDA 2 Budget Dept. -::;,,_ · ~COUNT..Y_Al:.TORNEY; :":::::, -,- 186 Risk Mgr. - 66th Avenue Britcher Resolution November 5, 2009 In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire a 30' X 328.89' strip of right-of-way (approximately 0.227 acres) from Mrs. Britcher. There are no structures that lie within the area of take. A copy of the sketch of the parent parcel, the part taken, and remainder is attached to this memorandum. The required "Notice to Owner" information has been received by the property owner. On August 3, 2009, staff extended a conditional offer of $11,747.25 for the 0.227 acre right-of-way parcel. This offer is based upon similar side street appraised values of $45,000/acre. The conditional offer is 15% above $45,000/acre price A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and proposed 66th Avenue alignment in front of Mrs. Britcher's property. A copy of the Corridor Study is available for review at the County Commission office or the Office of the Clerk to the Board. Mrs. Britcher is represented by Robert J. Gorman, Esq. of Ft. Pierce. Upon approval of this Resolution of Necessity, the County will mail a certified copy of the Resolution to Mr. Gorman as per his request. The parties will continue to negotiate the details of a contract that will be brought back to the Board at a later date. The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. FUNDING: Funds for this expenditure are budgeted as part of the 66th Avenue Widening Project from State Road 60 to 59th Street. District 2 Traffic Impact Fees (Account 10215241-066120- 06040) is the source of revenue. For Fiscal Year 2009-2010, $1,800,000 has been budgeted for this project. Over the next 5 years, a total of $9,217,776 is budgeted for this project. Attachments: Proposed resolution Parcel sketches and legal description of property to be taken 187 RESOLUTION 2009- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County is one of the fastest growing counties within the State of Florida; and WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway I and other arterial north/south roadways within the transportation network in southern Indian River County by widening and reconstructing 66 th A venue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th A venue as a major north/south arterial roadway. WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public W arks Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 142 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66th A venue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66th Avenue, including Side Street, 1 188 RESOLUTION 2009-__ Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population ofindian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 5. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner------~ and the motion was seconded by Commissioner ______and, upon being put to a vote, the vote was as follows: Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler The Chairman thereupon declared the resolution duly passed and adopted this 10th day ofNovember, 2009. 2 189 RESOLUTION 2009-__ Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By ______By ______Deputy Clerk ------~ Chairman BCC Approved: Approved as to form and legal Sufficiency !Jd!ika:t- tf)jJ2 Deputy County Attorney 3 190 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! Composite Exhibit "A" LOCATION MAP: NOT TO SCALE 61st , •st. page 1 of 2 OWNER: LINDA B. ELL LEGAL DESCRIPTION: PARCa 142 A PARCEL OF LAND BEING THE NORTH 30.00 FEET OF THE SOUTH 60.00 FEET OF THE SOUTH 5.00 ACRES OF THE EAST 10.00 ACRES OF THE EAST 20.18 ACRES OF TRACT 7, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA CONTAINING 0.227 ACRES, MORE OR LESS. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1747, PAGE 144, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA CERTIACATION: I HEREBY CERTIFY THAT THE DESCRIPTION ANO ATTACHED SKEfCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH lHE SURVEYING SI: OS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SEf FORlH fN lHE FLORIDA BOARD OF PROF£SSIO SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANO IS TRUE AND CORR T TO lHE BEST OF MY KNOWLEDGE ANO BEUEF. UNLESS IT BEARS lHE SIGNATURE ANO lHE ORIGINAL RAISED S OF A RIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATION P P ES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF lHE DESCRIPTION SHOWN HEREON. \ lHERE HAS BEEN NO FIELD WORK, VIEWING OF lHE WILBUR\F. DIVI E SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN PROfESSlON LAND SURVEYOR AND MAPPER LICENSE , • 4190, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 03/29/07 REV: 06/16/09 Bi:;J EASEMENTS OF RECORD. !l ~ l'ROJfCTll/llA!E! OEPM!lMENT 111/WlER SCA!& CIEK£0BY PCW ,. = 8/J' PC/I DAio: DRAWN BY 03/2!l/07 .w Ru- .,f ~R~cA Al"oAs ..s;[AcDJS,IN. !_ :,:MAL R/W PROJEl:T NUMe!R DRAIIING NUMSS! "' 2081 Vista Parl 191 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: Composite Exhibit "A" Ii!. - BASBJNE IRFC - INDIAN RIVER FARMS COMPANY page 2 of 2 L - LEFT O.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PG. - PAGE R-ruH I R/W - ruGHT-OF-WAY I STA. - STATION I S.LC.R. - ST. LUCIE COUNV RECORDS I I I TRACT 8 I I P.B. 2, PG. 25, S.L.C.R. I TRACT 7 I 30' ROAD I P.B. 2, PG. 25, S.LC.R. I EASEMENT7 1 P.B. 15, PG. 96 I ~.,_. ADDRESS: 6816 49TH STREET --' ,-JO' D.E. I VERO BEACH, FL, 32967 - 1 1-I I PID-32391900001007000002. 1 ...., I ~ I 'z O.R.B. 17 47, PG. 144 5 ,-.. I PARCEL 2 LOT 1 0 I ~ ,-t; I "ROUX" AFFIDIVIT CANADY GROVES U I ~ ~ ~ I OF EXEMPTION P.B. 15, PG. 96 :5 I i'.5 l I O.R.BI. 1632, PG. 2161 ~,i 30' ROAD ~ -EASEMOO I /-STA: 692+82.02 7:I !;;; O.R.B. 1282, PG. 2847 I OFFSEf: 16.00' L_ ~~ '° l~c..~ I ~ Q • m STA: 689+53.13 !::: "' • I o OFFSEf: 16.00' L S I ~ ~; t.J :;. 'e N00-09' 48"E - soo·og' 46"W 1, ~ ~ 0 ..,;_ - L I ~ 30.00'----.. -' · 1 I T~ I l Vs30.00' ~-~1---~~ ___=-=::J S89"53'14"E ,1 328.89' t T sap+oo .,,.,- I5eo+oo i . se,1+oo c-. 692+00 ---.. 693+oo - T94+oo f Ii _9F __su~ l _I / 1ai u:;;;;i·~o;;-~ 49th STREl!!l! ~- ~I J_ / 14iss·s3'14"'N 328.89' / - ~{ - _ STA: 692+82 OFFSET: 14.00' R TRACT 7 30' SUB-LATERAL "A-8" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS OWNER: P.B. 2, PG. 25, S.LC.R. LINDA 8. ELL ~ (~ A"nc· ,.i\Di'· J,p, ~r:~::::~=nnr'""--""-~1-·r_:r_-_-_--t-:==a~~=-~~-80_' ----11-a=.=--=-=ey,_BY---1 i rlfl!li j f1 rf . ,) g 03/29/07 J>i ".'. ARCADIS U.S., INC. ~ ADDITIONAL R/W PROJECT NUMBER ORA- NUMBER ~ 2081 llbla - Toi: (561)697-7000 Fa~(561)697•1751 WP001053 1053S0142 @) WastPalmBearJl,Florfda334-11 www.an::adN.am SHEEf 2 OF 2 192 BCCAGENDA November 17, 2009 ITEM 14.E 1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 9, 2009 SUBJECT: Economic Development and Strategic Goals Summit II FROM: Commissioner Bob Solari For discussion at the November 17 BCC meeting: On February 5, 2009, the Indian River County Board of County Commissioners, with the assistance of the City of Sebastian, conducted an Economic Development and Strategic Goals Summit. I would like to suggest that the Board consider conducting another summit in early February of 2010. The basic goals of such a summit would be to review the actions taken in the past year by the BCC, begin the public discussion of the proposed Tax Abatement referendum coming up in November of 201 O and solicit suggestions for economic development in Indian River County. I would anticipate a format similar to that of the February 5th summit. 193 BCCAGENDA November 17, 2009 '.' ITEM 14.E ,a'. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 9, 2009 SUBJECT: Recommended Electric Resolution FROM: Commissioner Bob Solari For discussion at the November 17, 2009 BCC meeting: Electric Resolution: Last year the BCC passed and sent to our legislative delegation a resolution dealing with the COVB electric utility system. Dr. Steve Faherty has requested that I present it to the Board for its consideration this year. This resolution might have come before the Board through the Utility Advisory Committee but for two reasons. First, the last U.A.C. meeting was cancelled for lack of a quorum. Second, Resolution no. 2003-134 apparently does not specifically authorize the U.A.C. to deal with electric utility issues. A letter from Dr. Faherty discussing these issues and explaining why he is not here today and the resolution that he proposes the Board review are attached 194 Beth Casano From: Dr. Stephen J. Faherty, Sr. [[email protected]] Sent: Friday, November 06, 2009 1:20 PM To: 'Bob Solari' Cc: 'Joseph E. Flescher' Attachments: IRC UAC Resolution - 09-11-05.doc; IRC UAC Motion for elec issues - 09-11-05.doc Importance: High Dr. Stephen J. Faherty, Sr. 2120 Captains Walk Vero Beach, Florida 32963-2821 Home= 772-231-8139 fahertydoc(a)earthlink.net Honorable Robert Solari Indian River County Board of Commissioners Indian River County 1801 2ih Street Vero Beach, Fl 32960 November 6, 2009 Dear Commissioner Solari: I will be unable to attend the next County Board meeting on November 17, 2009, at 9:30 am, as I will be at the Vero Beach City Council meeting at that time representing outside City electric customers on approval of the City's proposed electric rates. In addition, at that meeting I will be commenting on the City's proposal for the establishment of a new "Utility Authority." • If I were able to address the County Board on November 1ih, I would raise two important issues which have associated time constraints: 1 I. The State Delegation meets on December 4 \ 2009. State officials have determined that "an outside City customer Referendum to opt out of the City's electric system could not be conducted under the laws of Florida." A proposed Resolution from the County Board to the County's State Delegation members should be considered by the Board that would support Legislation that would: "Allow the COVB electric utility to be placed under the Public Services Commission controls the same as FPL." (See attachment) 2. The County Attorney has determined that the County's Utilities Department and the County's Utility Advisory Committee do not have the authority to consider electrical matters under existing ordinances. With significant electrical issues in the County, the Board of Commissioners should consider having County electrical matters included in the Mission and Functions of the County Utilities Department and of the County Utility Advisory Committee. (See attachment) I hope these matters can be called to the attention of the County Board at the November 1ih Board meeting. Thank you for your consideration. Dr. Stephen J. Faherty, Sr. 1 195 RECOMMENDATION FOR COUNTY BOARD RESOLUTION Whereas of the approximate 34,000 City of Vero Beach (COVB) electric utility customers, over 18,000 (about 51 %) are Indian River County property owners, tenants, taxpayers, businesses, and/or voters, and Whereas such County electric utility property owners, tenants, taxpayers, businesses, and/or voters want to have their electric utility service be controlled by the Public Service Commission, franchised by their elected representatives in the County, and not controlled directly or indirectly by-CO VB officials who are not inclined to equitably represent County customers and for whom electric utility customers in the County cannot vote, and Whereas such County electric utility property owners, tenants, taxpayers, businesses, and/or voters have a portion of their COVB utility payments, taxes, and/or fees paid to COVB and used directly or indirectly to support the COVB budget rather than the County budget and/or County enterprise fund(s), and Whereas such County property owners, tenants, taxpayers, businesses, and/or voters served by COVB electric service are covered by County Board Resolution 87-12, dated March 5, 1987, which expires in 2017 and requires at least five (5) years advance notice (by March 4, 2017), and Whereas the Florida Public Service Commission approved a Territorial Agreement on November 3, 1981 (Docket No. 800596-EU, Order No. 10382) between COVB and FPL to divide the local electric service area between COVB and FPL at a time when about IO percent of the electric customer population was outside of COVB whereas now about 61 percent (about 22,000) of electric service property owners, tenants, taxpayers, businesses, and/or voters reside outside of COVB in the County and in the Town of Indian River Shores, and Whereas COVB imposed a 10 percent municipal electric utility surcharge (Section 25-9.0525) on County property owners, tenants, taxpayers, businesses, and/or voters which: it has proposed to be eliminated as a separate charge; is to be included it in its electric base rate; and the elimination of which could lead to a higher rate charged by the City to County customers, and Whereas significant past and proposed COVB increases in its electric utility rates will cause significantly higher and continuing electric utility rates above FPL rates that are unreasonable, unduly discriminatory, and will have an adverse financial and economic affect on COVB electric utility property owners, tenants, taxpayers, businesses, and/or voters in the County, and Whereas the sales, leases, and values ofreal estate served by COVB utilities are being adversely affected financially and economically by having COVB utilities which take out about $10 M in additional electric utility fees from County customers and the economy, and Whereas adequate time is needed for planning, implementing, and transferring over 18,000 County electric utility property owners, tenants, taxpayers, businesses, and/or voters from the COVB to FPL with no related unreasonable financial or economic impact, and 196 Whereas the County could save a part of its budget paid for City utilities services outside the City's boundaries and also increase property tax collection for itself and other taxing districts by converting City transmission and distribution ownership from the City to FPL; and Whereas County Board notice within the next 20 calendar days of its Board Resolution would aid the Indian River County State Delegation at its meeting on December 4, 2009 to support Local Legislation to allow the COVB electric utility to be placed under the Public Services Commission controls the same as FPL, and Whereas County Board notice within the next 6 months to the Public Service Commission of its desire to open the bidding for FPL and/or COVB to provide economic electric service to the over 18,000 County customers starting March 5, 2017, would provide adequate time for the Board to assess proposed customer rates and service prior to deciding whether or not to renew the COVB agreement on or before March 5, 2012 Thus, It is recommended to the County Board of Commissioners that it: 1) Consider within the next 20 calendar days passing a Resolution that notifies the members of the Indian River County State Delegation of the County's support for Local Legislation to allow the COVB electric utility to be placed under the Public Services Commission controls the same as FPL. 197