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HomeMy WebLinkAbout04-28-2021 CC AgendaIndividuals are subject to screening prior to entering any City building and entry may be denied if any indicator of illness or prior COVID exposure is identified. All persons entering City Council Chamber's where social distancing is not possible, shall wear face coverings. R-20-32 Sec. 1(1) 5E 1% HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MEETING & COMMUNITY REDEVELOPMENT AGENCY MEETING AGENDA WEDNESDAY, APRIL 28, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE CALL TO ORDER 2. INVOCATION - Pastor Sidney Nelson, Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation - Mental Health Awareness Month - May 2021 B. Certificate of Appreciation to Patrick Powers - Natural Resources Board Service Brief Announcements: • May 7, 2021 — Chamber of Commerce Concert in the Park -- 5:30pm — 8pm - The Jacks Band (Rock, Blues, Swing and Classic Dance Music) • May 8, 2021 - Craft Club of Sebastian in Riverview Park 10am - 3pm 7. PUBLIC INPUT The heading on Regular Meeting agendas `Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT 1 of 118 pgs 6-8 A. Approval of December 9, 2020 Board of Adjustment Minutes B. Quasi -Judicial Public Hearinq Adopted Quasi -Judicial Public Hearing Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex-parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents finding and analysis • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone in opposition of the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberations and questions • Chairman calls for a motion pgs 9-29 i. Variance request from Mr. & Mrs. Nicholas Wanklyn for their property located at 1566 Pleasantview Lane from Land Development Code Section 54-2-7.5(c) (4) and 54-2-7.5(c) (6) to allow construction of an accessory structure which would exceed the 1,000 square foot maximum allowable area by a total of 176 feet in the RS-10 Zoning District, and exceed the height of the principal structure by 1.6 feet (Transmittal, Staff Report, Exhibits, Criteria, Application) 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pgs 30-33 A. Approval of Minutes — February 10, 2021 CRA Meeting pgs 34-36 B. Approval of Minutes — March 24, 2021 CRA Meeting pgs 37-46 C. Septic -to -Sewer Proqram i. Consider Grant Request for 13050 U.S. Highway 1 — Chandler Holding, LLC — Commercial Building (Transmittal, Application, Quote, Tax Receipt, Deed, Letter) 10. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. if a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 47-55 A. Approval of Minutes — April 14, 2021 Regular City Council Meeting pgs 56-61 B. Approve the Use of Discretionary Sales Tax Reserves in the Amount of $28,518.03 for the Upgrade of the Email Server Licenses Using State Contract #43230000-15-02 with SHI International Corp. as the Sole Source Provider in the Total Amount of $28,518.03 (Transmittal, Quote, State Contract Info, Sole Source Memo) 2 of 118 12. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS — None 15. NEW BUSINESS pgs 62-96 A. Approve CSA#8 with Infrastructure Consulting and Engineering, Inc. for Bidding Services, Construction Management, and Construction Engineering and Inspection Services Relative to the Construction of a New Taxi Lane to Support the Future Hangars; Repair of Taxiway Alpha; and the Development of the Future Square Hangar Site at Sebastian Municipal Airport in the Total Amount of $150,595 (Transmittal, CSA#8, Combined Project Plans) pgs 97-109 B. Approve CSA#1 with Arcadis U.S., Inc. to Provide Stormwater Master Planning and Professional Engineering Services in an Amount Not to Exceed $700,000 to Prepare an Updated Stormwater Master Plan (Transmittal, CSA#1, Proposal) pgs 110-118 C. Award the Design Build Guaranteed Maximum Price Work Services Agreement (RFQ 21-04) with Ferreira Construction Southern Division Co., Inc. for the Yacht Club Seawall Replacement in an Amount Not to Exceed $358,786.39 (Transmittal, Proposal, Agreement) 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Jones C. Council Member McPartlan D. Council Member Nunn E. Mayor Dodd 20. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE. FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE. PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THEAPPEAL IS TO BE HEARD. (F.S.286.0105) 3 of 118 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 —ADA@ CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS 1N ADVANCE OF THIS MEETING, TO PROTEST THE HEALTH AND SAFETY OF CITY OFFICIALS, CITY STAFF, AND THE PUBLIC, OFFICIALS CAN FULL PARTICIPATE AND TAKE OFFICIAL ACTION DURING THIS PUBLIC MEETING BY USE OF COMMERCIAL MEDIA TECHNOLOGY. R-20-34 Sec. 2(e) ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/85021617071 Or One tap mobile : US: +13126266799„85021617071# or +19294362866„85021617071# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 850 2161 7071 International numbers available: https://us02web.zoom.us/u/kblrto53UR 4 of 118 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-341 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headina on Aaenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 118 ON of SEB 1 UkN HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached December 9, 2020 Board of Adjustment minutes were approved at the April 28, 2021 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 6 of 118 Sunshine Law & Public Records Workshop, BOA, CRA, and Regular City Council Meeting December 9, 2020 Page 3 noted the consent agenda has a resolution of support for AguaCulture's Okeechobee test project. Vice Mayor Hill asked if the Community Development Manager received a phone call to pull item 9b off the agenda. She replied that she did. The City Attorney advised that since the hearing was advertised, it should be opened and announced that there has been an update for the record. Brief Announcements City of Sebastian Annual Christmas Parade — December 19 at 6:30 pm Vice Mayor Hill announced that the parade would departing Main Street at 6:30 pm, there are over 35 commitments with the Marching Sharks participating for the first time ever. He said it wasn't too late to be in the parade and more information could be obtained from the Chamber of Commerce. He also thanked Tony from the Sebastian Lions Club, the Chamber of Commerce, staff, and Police Chief Acosta for making the parade happen. Mayor Dodd said for those that didn't want to come out, the parade would be broadcasted by the City's MIS Division and the Sebastian Daily. Mayor Dodd remarked that the Sebastian River Chamber of Commerce's Light Up Night was a huge success and thanked the businesses that participated. 9 RECESS CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT A. MOTION by Council Member McPartlan and SECOND by Vice Mayor Hill to approve the June 24, 2020 Board of Adjustment Minutes passed with a unanimous voice vote. 5-0 B. Quasi -Judicial Public Hearings i. CHRISTOPHER LAWHON, IN REGARDS TO LOT 16, BLOCK 493, SEBASTIAN HIGHLANDS UNIT 15, LOCATED AT 242 DICKENS AVENUE, IS REQUESTING A VARIANCE TO ALLOW A 280 SF SHED TO BE TWO (2) FEET FROM THE SIDE PROPERTY LINE AND WITHIN A DEDICATED UTILITY EASEMENT, WHEREAS THE CODE REQUIRES THE STRUCTURE TO BE TEN (10) FEET FROM THE SIDE YARD PROPERTY LANE IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT. (Transmittal, Report, Exhibits, Application, Signatures) Chairman Dodd opened the public hearing at 6:25 p.m. and the Community Development Manager read an e-mail from the applicant stating that he wanted to withdraw his application. (See attached) ii. CHRISTIAN ELLIS, IN REGARDS TO LOT 20, BLOCK 231, SEBASTIAN HIGHLANDS UNIT 6, LOCATED AT 702 CARNATION DRIVE, IS REQUESTING A VARIANCE TO CONSTRUCT A FENCE SIX (6) FEET IN HEIGHT ON A CORNER LOT WITHIN THE SECONDARY FRONT YARD AREA, SPECIFICALLY ELEVEN AND ONE-HALF (11.5) FEET FROM THE CORNER PROPERTY LINE, WHEREAS THE CODE WOULD REQUIRE SUCH FENCE TO BE TWENTY (20) FEET FROM THE CORNER PROPERTY LINE. (Transmittal, Report, Exhibits, Application, Signatures) 7of118 Sunshine Law & Public Records Workshop, BOA, CRA, and Regular City Council Meeting December 9, 2020 Page 4 The City Attorney read Mr. Ellis' request and Chairman Dodd opened the public hearing at 6:26 p.m. The board members did not have any ex parte communication to disclose. The City Clerk swore in all would be providing testimony. Mr. Ellis introduced himself and thanked the board for hearing his request. The Community Development Planner said the applicant has a home on a corner lot and is seeking relief from the Code to construct a fence within the front yard setback to clear the existing septic drain field. There was no one to speak in opposition or favor of the request. MOTION by Mr. Nunn and SECOND by Vice Chairman Hill to approve Mr. Ellis' request to construct a six feet high fence within the secondary front year area. Roll call: Vice Chairman Hill - aye Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd -aye Motion carried. 5-0 10. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING A. MOTION by Vice Chairman Hill and SECOND by Mr. Nunn to approve the September 28, 2020 CRA meeting minutes passed with a unanimous voice vote. 5-0 20.135 B. Award Bid (ITB#21-02) Landscapinq Maintenance in the CRA District to SSS Brevard OPCO LLC dba Tropical Property Management with an Annual Expense of $171,684 (Transmittal, Bid Tab, Ex. A, Reference Checks, Specs) The City Manager explained that Tropical Property Manager was the only bid response for the CRA district and they were willing to combine the maintenance of U.S. Highway 1 into one bid. He requested approval of the annual contract. MOTION by Vice Chairman Hill and SECOND by Mr. McPartban to approve the annual landscaping maintenance contract with Tropical Property Management for the CRA district and the U.S. Highway 1 Corridor. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd - aye Vice Chairman Hill - aye Motion carried. 5-0 8 of 118 Ceti cl 51E'_TbN_ HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meetinq Date: Apri128th, 2021 Agenda Item Title: Wanklyn Variance Request Recommendation: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 1566 Pleasantview Lane, Lots 22 & 23, Block 361, Sebastian Highlands Subdivision Unit 11 Backaround: A variance application has been submitted from Nicholas & Amber Wanklyn for relief from Section 54-2-7.5(c)(4) and 54-2-7.5(c)(6) of the Sebastian Land Development Code to allow construction of an accessory structure which would exceed the 1000 square foot maximum allowable area by a total of 176 feet in the RS-10 Zoning District, and exceed the height of the principal structure by 1.6 feet. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with Board Criteria for Determining Variances 2. Exhibits A through E 3. Applicants Criteria Response and Application Administrative Services Departme RpeviewA k City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: 1 9 of 118 LM OF EBB low 4:-��1 HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Wanklyn Accessory Structure 2. Requested Action: Variances to allow: 1) a proposed accessory structure (detached garage) located within the RS-10 zoning district to exceed the 1000 SF maximwn size allowed by a total of 176 SF; and 2) the accessory structure proposed height to be higher than the principle structure by a total of 20 inches, i.e. 1.6 feet. 3. Project Location a. Address: 1566 Pleasantview Lane b. Legal: IRC Tax Parcel ID No. 31-38-25-00001-3610-00022.0 & 23.0 Lots 22 & 23, Block 361, Sebastian Highlands Unit 11 4. Project Owner: Nicholas and Amber Wanklyn 1566 Pleasantview Lane Sebastian, Florida 32958 (913)909-0495 5. Project Agent: NIA 6. Project Surveyor: Cercle Land Surveying, Inc. Thomas Cecrle P.L.S. #4896 10749 US Highway #1 Sebastian, Florida 32958 (772) 388-0520 7. Project Description: a. Narrative and history of proposed action: The applicants purchased their residence at 1566 Pleasantview Lane (Lots 23 & 22) in 2020 (Exhibit A, Site location map). The property area north of the residence has a large existing concrete slab (Exhibit B, Survey and aerials) which the applicants are requesting variances to allow for construction of an accessory structure to be placed upon it that would be 1176 SF in size, and at a height of 17.16 feet (Exhibit C, Proposed Structure). The Land Development Code only allows for a cumulative total of 1000 square feet of accessory structures to be placed on a residential lot per 54-2-7.5(c)(6), and for all accessory structures to be at or less than the height of the principle structure per 54-2-7.5(c)(4): 10 of 118 LDC Section 54-2-7.5 Accessory Structures (c)(6) "A residential lot will be allowed five square feet of accessory building area (cumulative), for every 100 square feet of lot area, not to exceed 1,000 square feet total." LDC Section 54-2-7.5 Accessory Structures (c)(4) "No accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot." The applicant's property consists of two lots combined by a recorded Unity of Title, and which is .46 acres in size, or 20,000 SF. Based on the applicable LDC regulation, 1000 SF of accessory structures is the maximum allowed for this property. The residence was built in 1986 with an attached one car garage, and staff has determined from review of the existing property file located in City Hall, that the height of the house is 15.5 feet (Exhibit D, House permit plans). The size of the proposed garage exceeds the maximum allowed by 176 SF, and the height of the proposed structure would be higher than the house by 1.6 feet. The applicants are requesting consideration of the two needed variances so that building permits for the project can be issued. b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RS-10 (Single -Family Residential) LDR (Low Density Residential, 5 units per acre) Zoning Current Land Future Land Use Use RS-10 residence LDR RS-10 residence LDR RS-10 residence LDR RS-10 residence LDR (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: .46 acres, or 20,000 SF Single Family Residence County Water Septic and Drainfield 1) The existing home contains approximately 1259 SF of base living area and was constructed in 1986. The adjacent lot was adjoined by the previous owner in 2004. No records exist of any previously built structures on the large slab in the area to the north. The Land Development Code is clear where it sets the maximum amount of accessory structure area at cumulative total of 1000 square feet and mandates that all accessory structures are the same height or less than that of the principle structure. The request therefore appears to be a self-imposed hardship. 2 11 of 118 2) Section 54-2-7.5(c)(6) also states that "Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area." The original one -car garage is not considered in the 1000 SF maximum. However, the survey indicates a small, existing 8' X 8' shed in the rear yard, which, if the variance is granted, should be required to be removed. The applicants have indicated they do not wish to have the shed considered in the variance request, and will remove the shed when the proposed new garage is completed. 9. Board Criteria for Determining Variances: See attached analysis. This criteria was also considered in determining staff s recommendation. Most important is Criterion #b, which states that the conditions cannot be created by the applicant, and Criterion #d, that a hardship conditions must exist. Strict compliance with the code still affords the applicants an accessory structure of 1000 SF in size. The hardship that would necessitate an additional 176 SF has not been indicated. The applicants have also submitted a response to the Board criteria. (Exhibit E) Note: The property photos used as examples in the applicants' response have been researched by staff. The applications for both accessory structures were reviewed and approved by the Planning and Zoning Commission and found to be in compliance with the accessory structure regulations for size and height. 10. Staff Recommendation: Based on existing Comprehensive Plan policies, Land Development Code regulations, and the criteria for determining variances not being met, staff recommends denial of the requested variances. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variances. Planner rger 3 `.Zl2f" Date 12 of 118 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes ❑ No Q The existence of a secondary lot with an existing concrete slab does not necessarily confer a peculiarity for the subject property. Similar double -lot properties have built large detached garages that have met the size and height requirements, and which have provided adequate square -footage for storage or work areas. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No M/ It appears that the conditions are a direct result of the applicants' specific design for the proposed structure. Although the original house was built with only a one -car garage (the minimum required by code) the applicants were aware of the size constraint when they purchased the house in 2020. The applicants were also cognizant of the size requirement for a new accessory structure, but designed the detached garage larger than the maximum allowed. C. Special vrivilesies not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No Granting a variance for the proposed structure would appear to confer a special privilege that is denied to other adjacent lands and property owners in the same zoning district who have built their accessory structures to the 5% allowed, or maximum 1000 SF. 4 13 of 118 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ Nov There appears to be no deprivation of rights, as the property could be developed in a manner that meets the Land Development Code regulations with no variance required. Staff could find no instance of unnecessary or undue hardship related to the absence of an additional 176 SF of accessory structure, e. Only the minimum variance Rranted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes ❑ No W Denying the request for the size variance and requiring the proposed structure to meet the maximum 1000 SF allowed would still render reasonable use of the property and of the proposed detached garage. However, granting a minimum variance to allow the structure to be higher than the house would permit the applicants to match the 4112 roof pitch on the principal structure, which is required by code for accessory structures over 750 SF, f. Not injurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes ❑ No The granting of the variances would not be considered injurious to the public welfare, to the area involved, or surrounding properties, but may be considered injurious to the intent of the ordinance, which is to limit the size of accessory structures, and mandate that they match principle structure height and material finishes. g. Conditions and safeguards may be imposed. in granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in 5 14 of 118 conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes t�( No ❑ If the variance request for size is granted, a condition of approval should be the removal of the existing 8' X 8' rear yard shed. Removal of the shed should occur before the final inspection is scheduled. If either of the variance requests is granted, approval should be given for this specific detached garage project only, with no reassignment of approvals to any future accessory structures on this property. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes d No ❑ If either of the variance requests are granted, staff recommends that the building permit for the structure must be applied for within 12 months from the date of the variance approval. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes No ❑ The variance as requested is not a use -related variance. Accessory structures are a permitted use in the residential zoning districts. 6 15 of 118 EXHIBIT E1 Section 2a: Not applicable Section 2b: At the location in question there is an existing 38x48 concrete pad. It is not placed square to the other structures nor is it adequate to build directly on. In order to rectify both conditions, footings will need to be installed at one of the 38' ends and some distance of the 48' edges. To make the building square to surrounding structures requires a width of 42 feet. This leaves only 23 feet of building depth, which is not of sufficient depth for the intended use of the building nor does it align with standard building roof trusses. Section 2b item 2: The existing home has a 4/12 pitch roof. This makes the overall height of the existing structure shorter than surrounding homes. Request is to exceed the height of the existing structure by —2 feet. This does not exceed the height of the homes immediately adjacent. Section 2c: Not applicable Section 2d: The existing house has an undersized 1 car garage. This garage houses the homes mechanical equipment and washer/dryer as well. There is not sufficient room to park a standard SUV inside the garage. Due to the proximity to the neighboring home, there is not sufficient room to expand the existing garage. Section 2e: Request is to add 152 sq ft of building footprint and 2 ft of additional height. This is minimum necessary to meet the intended use of the auxiliary structure. This is also in line with similar exceptions to these codes in this zoning district. Examples have been provided to show how these variances have been incorporated and will follow the precedence set by these examples. Section 2f: All other ordinances will be in compliance. These exceptions will be minimal and situated in such a way as to not be injurious to the area. Section 2g: Not applicable Section 2h: Not applicable Section 2i: Not applicable RECEIVED MAR 0 5 2021 City of Sebastian Community Uevekopment Dept OIL k W avkY1— 23 of 118 Permit Application No. SsT�N City of Sebastian HQ0.fE OF PELFCAN ISL1Y0 Development Order Application J' Applicantt (If not owner, written authorization (notarized) from owner is required) Name: Address: Phone Number: (� 3) �CR - o 61 95 FAX Number: E-Mail:�"- Owner (If different from applicant) I Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-112' BY 11' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): { + B. Site Information I Address: Lot: Z Z Bloch: Unit: Subdivision: Indian River County Parcei #: Zoning Classification: Future Land Use: Existing Use: \jaC.Ct kk Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): RR�^^,, 1 r 1'�-01�t��iQr� rZ'E�rZ �rzc�r� G.� �1[.���t✓,� 3�X�{�. CQc.�C,r�"� �.. rO�'�t}f� R Q l ` 6 ti i (; JC 1 '5 W �; F��n � L4 DATE RECEIVED: FEE PAID: $ abd -CD RECEIVED BY: ,1 26 of 118 Permit Application No. D. Project Personnel: Arm Name: Address Phone Number: ( ) - FAX Number: E-Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E-Mail: Engineer: Name: Address Phone Number: ( } - FAX Number: E-Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E-Mail: I, Ann �/� n • BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V/,-,, AM THE OWNER _ I AM THE LEGAL REPRESENTA411OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT AEL-TE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ISIGNATURE TDTRUET THEB T OF MY KNOWLEDGE AND BELIEF.1)� DATE \`,1►►�111I u l ul����f SWORN TO AND SUBSCRIBED BEFORE ME BY MPt:Q tuf*A4 LOX0 M. Bos�r��� WHO IS PERSONALLY KNOWN TOME OR I�RO�d F1_ Dia 14C ���� pF`. �y�SSK�v'' •.0,���//// AS IDENTIFICATION, THIS QW DAY OF rVL A,e0 tf , 20 a = I . �: �o° E 2a, NOTARY'S SIGNATURE PRINTED NAME OF NOTARY a OGGM34U �•,'.4 COMMISSION NO./EXPIRATION SEAL: � ///,','��I �111111► `` 27of118 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. IIWE, `/ THE OWNER(S) I THE LEGAL REPRESENTATIVE OF THE: OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE &A2,p bi z Si`nit!!�E BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE: PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE l/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P MISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. IGNATURE ! DATE Sworn to and subscribed before me by 1Be yA1vElL1-+,�v— who is personally known to me or produced it. ,0"'m(ki C- ����` �( 0• BOSW as identification, this .a"= day of A Af4* 20 2 L. Qo,• :��y';� Notary's Signature Printed Name of Notary 047)f c4 r; x Commission No./Expiration Seal: y0�,'��d�yeanded��0c��•• Off; �'9Qy .public . ,.• &<c 28 of 118 Permit Application No. ti. m. low FAME OF PfUCAN KlMD Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): � variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): CC% 3. Legal description of the property involved: _ Z52hccj "a V' 4. Attach the following: a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. ^ b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. Xr c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. 29 of 118 env �X 45EEVkSTbkN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached February 10, 2021 Community Redevelopment Agency minutes were approved at the April 28, 2021 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 30 of 118 HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY WORKSHOP & SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 10, 2021 — 5.00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chairman Dodd called the CRA Workshop to order at 5:00 p.m. 2. A moment of silence was held. Mr. Nunn led the Pledge of Allegiance. 4. ROLL CALL: Chairman Ed Dodd Vice Chairman Jim Hill Mr. Fred Jones Mr. Bob McPartlan Mr. Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Public Facilities Director/Airport Manager Scott Baker Leisure Services Director Brian Benton Community Development Director/CRA Manager Lisa Frazier Community Development Planner Robert Loring Police Officer Robert Vafiades 5. DISCUSS THE FUTURE USE OF THE FORMER HARBOR LIGHTS MOTEL PROPERTY - 1215 INDIAN RIVER DRIVE (Transmittal. Options. Environmental Screening, Zonina Reaulations. Aerial. Survev. Example Schematics/Renderings/Photos) Chairman Dodd stated the reason for the discussion was for the future use of Harbor Lights Motel property. The City Manager said the property was purchased in 2018 to preserve the waterfront view and enjoin that property with the Main Street boat ramp property. He stated that lie has provided background information, an environmental report, and pictures of the property. The Community Development Department Planner reported that staff has provided a list of what the property might be used for. 31 of 118 CRA Workshop & Regular City Council Meeting February 10, 2021 Page 2 Darryl Craft, Sebastian, said he was familiar with the property and hoped it wouldn't become a parking lot but generate money for the City. Grace Reed, Sebastian, said she supported the City selling it with restrictions on how it can be used; it would be beneficial to the City. Vice Chairman Hill said he was part of the purchase of the property and back then, from his standpoint, they wanted to save the property on the east and expand the park south to conjoin the properties to save the view for the citizens. He always had the intent to sell the west property so that it may go back on the tax rolls. He said if it was done right it could be an amazing piece of property. He said there are CRA regulations that outline what could be on the property but he wouldn't want to restrict it so much that citizens couldn't get as much back as they can from the property. He was in favor of putting the property up for sale. Mr. Nunn said he was in favor of putting the property back on the tax rolls; if they do put stipulations on the property, he would like to discuss what those would be. Mr. Jones said he would not be opposed to having a couple more shops along the river, as long as they follow the CRA regulations. Mr. McPartlan said it is a prime piece of real estate; it will be connected to sewer and water. Chairman Dodd said originally he was opposed to selling it; he kept asking himself what the City would gain as related to the money. He said he liked that the property was connected to property the Chamber of Commerce is on but he didn't think they had any plan on moving. He said he would like to see the comp plan completed to see if the plan might change any rules in the CRA that might come into play with the use of the land. The CRA Manager said she was not aware of any changes in the new comp plan that would affect the commercial waterfront residential (CWR) zoning. She said it was part of the riverfront overlay that has stringent landscape architect codes on top of the CWR code that would have to be adhered to. Chairman Dodd said he would like to see a mixed use as much as possible. He asked if they were to put a condition on the sale that requires mixed use, would that be the only way they could lean towards that effort. The City Manager explained the municipality has a separate option than a private seller, whereby they can put a proposal out requiring a plan of what the developer wants to put there. They can allow free market to reign and let the developer provide a conceptual plan that they can accept or reject, but they would make it known what they want to see there. The CRA Manager asked the members to look at the rendering on page 45, noting that in similar cases, other cities have put out a RFP delineating what they want to see in their vision and have asked developers to come in with a proposal for that site; then that board selected what made the most sense. She said another option would be to offer a land lease. 32 of 118 CRA Workshop & Regular City Council Meeting February 10, 2021 Page 3 Chairman Dodd and Mr. Jones said they envisioned something like the rendering on page 45. The City Manager said he would bring back discussion for a RFP for a formal decision at the next meeting. OW 6. Chairman Dodd adjourned the CRA Workshop at 5:20 p.m. 7. Mayor Dodd convened the Regular City Council Meeting at 6:00 p.m. All members were present. 8. AGENDA MODIFICATIONS — None 9. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS A. Proclamation 211 Awareness Week — February 111h — 17t" 2021 —Colleen Walt. Communitv Relations Soecialist — 211 Treasure Coast Mayor Dodd read the proclamation to publicize the many resources available through the 211 HelpLine. Brief Announcements. - February 13 — Craft Club of Sebastian Show in Riverview Park — 10am — 3pm February 19 — Sebastian Police Dept. Movie Night Out in Riverview Park — 7pm Mayor Dodd announced the upcoming events. 10. PUBLIC INPUT Barry Shapiro introduced himself and said he has started a charity to collect socks and underwear for the homeless; he is in the middle of his third annual sock drive. He asked that everyone spread the word to collect the socks and underwear to be dropped off at the PackMart or City Hall until the end of February. Frank Nolan said he too, has posted a Facebook page for items needed by the homeless and the response has been so great that he has gotten a storage unit for the items; the negative side is that there is nowhere for the homeless to sleep in the cold weather. He would like to meet with the members to come up with ideas on how to help. 11. CONSENT AGENDA A. Approval of Minutes — January 27, 2021 Regular City Council Meeting B. Approve the Budget Calendar for Fiscal Year 2021-2022 (Transmittal, Calendar) C. Approve the Roseland Road Sewer Expansion Cost Share Agreement in the Amount of $31,485.97 between the City of Sebastian and Indian River County (Transmittal, Agreement, Survey, Estimate) 33of118 ❑TY LX Sr:BAST1UkN HOME OF PELICAN ISLAND C®1V1EMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached March 24, 2021 Community Redevelopment Agency minutes were approved at the April 28, 2021 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 34 of 118 Sebastian City Council Meeting March 24, 2021 Page 2 Brief Announcements: • Friday, March 26 - Easter Egg Hunt in Riverview Park — Meet the Easter Bunny at 5:30pm & Egg Hunt at 6:30pm Thursday, April 1 — Field of Flags Ceremony — Riverview Park — 5.30pm • Friday, April 2 - Chamber of Commerce Concert in the Park — 5:30pm — 8pm Bobby Owen Band (Country, Blues, Oldies) • Saturday, April 3 - Sebastian River Art Club Show at Riverview Park — 10am — 4pm • Monday, April 5 - North County Water & Sewer Phase 2 Information Meeting in Council Chambers — 6pm Mayor Dodd announced the City Manager would not be leaving the City for the Collier County Manager position and read the upcoming events and announced. 7. PUBLIC INPUT Alisha and Steve Demont, Damask Lane, said many people on the street are experiencing a non -draining stormwater problem; they know it is their responsibility to dig out the swale but the water doesn't go anywhere; the stagnant water attracts insects. Mitchell Cichy, Damask Lane, said during the last rain the canal flooded at the end of Damask Lane and read the attached petition requesting help with the stagnant water. 8. Mayor Dodd recessed the City Council meeting and convened the Community Redevelopment meeting at 6:16 p.m. A. Approval of Minutes - February 24, 2021 CRA Meetinq MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the February 24, 2021 CRA meeting minutes passed with a unanimous voice vote of 4-0. B. Facade, Sian and Landscapinq Proqram i. Consider Grant Request from Bowls of Sebastian - 709 U.S. Hiqhwav 1 (Transmittal, Summarv. Application) The City Manager advised that staff recommended approval of the grant request from the Bowls of Sebastian Restaurant. MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the grant application. Travis Beckett, restaurant owner, thanked the board for the opportunity to open a business in Sebastian. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd - aye Vice Chairman Hill - absent 35 of 118 Sebastian City Council Meeting March 24, 2021 Page 3 21.047 9 Motion carried. 4-0 C. Septic -to -Sewer Proqram i. Consider Grant Request for 825 U.S. Highwav 1 — J & L C Ventures, Inc. — Commercial Building (Transmittal. Application, Quote, Tax Receipt, Deed, Permit) The City Manager said this applicant applied in response to the flyers distributed by the Community Development Department to attract the septic to sewer conversions and staff recommended approval. MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the grant request. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd — aye Vice Chairman Hill — absent Motion carried. 4-0 D. Fiscal Year 2020 CRA Annual Report in Accordance with F.S.163.371 - Acceot and Forward to Citv Council (Transmittal, Report) The CRA Manager said the annual activity report is required by Florida Statute and once approved, a copy would be submitted to the County who contributes to the tax increment revenue. MOTION by Mr. McPartlan and SECOND by Mr. Nunn to recommend transmittal of the FY2020 CRA Annual Report to Council. There was no public input. Chairman Dodd advised there is a fund balance of over $400,000 in the CRA which is favorable for the City. Roll call: Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd — aye Vice Chairman Hill — absent Mr. Jones - aye Motion carried. 4-0 Chairman Dodd adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:24 p.m. 36 of 118 crn,X SETS HOME OF PELICAN ISLAND CRA AGENDA TRANSMITTAL Council Meeting Date: April 28, 2021 Agenda Item TRW Septic -to -Sewer Program Grant Application Recommendation: Approve grant application up to the maximum allowed Backqround: In accordance with the Septic -to -Sewer (SSP) Grant Program, a property owner has submitted a grant application for a parcel located within the CRA district. The applicant will be removing a septic system and connecting into the Indian River County's gravity main sanitary sewer system. A grant application has been provided, including a copy of the deed, proof of paid taxes, and the construction quote. An Indian River County Utility Construction Permit is not required. • 13050 U.S. Highway 1 — Chander Holding, LLC — Commercial Building If approved, award amounts are based on connection types at a 25175% cost share. Properties with septic systems with connection to available gravity main sanitary sewer will receive award amounts not to exceed $5,000. Based on the applicant's invoice from Meeks Plumbing, Inc. whose job cost was $8,550, the maximum grant that can be awarded is $5,000. If Agenda Item Requires Expenditure of Funds: Grant Funds Available: $150,312.33 Total Cost: $5,000.00 Funds to Be Utilized for Appropriation: $5,000,00 Attachments: 1. Application 2, Construction Quote 3. Tax Receipt 4. Deed 5. Letter from Indian River County Utility Administrative Services Departmen evie City Attorney Review: -/ Procurement Division Review, if applicable: City Managers Authorization: Date: y!/,7 /T 37of118 SEBASTIAN CRA -- SEPTIC -TO -SEWER GRANT PROGRAM SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM. GRANT APPLICATION RECEIVED 1. APPLICANT INFORMATION Name of Applicant: J tZ S YY1 I V1 APR 12 2021 t + City of Sebastian Mailing Address: 4 i ` �� t r-0— ._Y ty1 Community DUVCIU;imenf Depl Phone Number: Cell Number: E-mail Address: 2. PROJECT LOCATION Address of Property: ` rJ �� �� "ji `t-1 Parcel Number(s): 3 C - 2: --.-_-2 - O LI D 0 I -- 006 b --On O 2- Z16 Property Tax Status: 1��L1 A 3. DESCRIPTION OF PROPOSED IMPROVEMENTS 4. ESTIMATED COST Please provide information on the following items: A. Cost of Current Septic System Closure $ B. Estimate of Connection to Indian River Utility System $ C. Permitting $ Sze pn)b0 D. Design and Construction Costs $ TOTAL ESTIMATED PROJECT COSTS $ Page 2 38 of 118 SEBASTIAN CRA — SEPTIC -TO -SEWER GRANT PROGRAM Has the applicant applied for other regulatory grant funding to remove the targeted septic system? (Please check appropriate answer) YES NO If Yes, please answer the following questions: Who was the grant award from? How much was the total award? Signature(s) All owners must sign. The information supplied in this application is true and correct 71 ' aa:s CA1 Printed Name and Title 4 Printed Name and Title signature Signature STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 202 1, by J SS I'll I I+t11— 0 axl' 4.s - who is/are personally known to me or hasthave uced identification. C�f ; 4+ ;,titer a4'. AORIEL IRIZARRY (SEAL) t°' 1r; Kotary Public State of F,oriC :" Commissror. r GG 297823 u or sti My Comm, '*ires Feb a, 2011 }ifs►%ILL Ir:1Z-r�w'r 4' This Section for City Use Only Date Application Received., Date Application Reviewed. Recommendation to CRA. Action by CRA: l day of as Notary Public, Commission No. (Name of Notary, Printed or Typed) Page 3 39 of 118 MEEKS PLUMBING, INC. Jasmine Chander 13050 us-1 Sebastian, Fl. 32958 Ref: Septic tank Abandonments & Sewer Installation 5555 US Hwy 1 Vero Beach, FL 32967 772-569-2285 Kindly accept this as my bid and proposal for the following: March 10. 2021 Meeks Plumbing Inc. will provide the material and labor to pull state health department permit to properly abandon the septic tank. We will pump out the tank, break the bottom of concrete tank bottom, we will supply and deliver enough sand to backfilI the septic to grade. We will then pull permit to install up to 200' of 4" PVC sewer pipe, and connect into sewer tap. We will backfill all area when complete and rake area to grade. We will complete this work during normal working hours Monday thru Friday 8:30am till 4:30pm and will need a staging area for pump trucks, fill dirt, tractors, and dump truck. We will warranty our materials and labor for one (1) year from the date of completion under normal conditions. Not responsible for replacing sod or irrigation. Once this proposal is accepted and signed we will need 2-3 days before starting work to schedule and have underground utility locates completed. The total base price to complete the proposed work per tank $8,550.00 due upon completion Thank you, r Kyle Meeks Meeks Plumbing, Inc Certified Florida Underground Utility Contractor Lie.# CUC1225413 Certified Florida Plumbing Contractor Lie. 4 CFC1428569 Registered Florida Septic Tank Contractor Lie. # SR0141738 1 hereby accept this proposal Date Note: This proposal maybe withdrawn by us if not accepted within 30 days of proposal and if accepted will remain open for one (1) year from the date of acceptance. 40 of 118 All Search - TaxSys - Indian River County Tax Collector 4/7/21, 3:07 PM Carole Jean Jordan Tar Colkctor, Imam Riwr County All Search 3038210000100000DO220 0109M ADDRESS CHANDER HOLDING LLC 1814 LAKE ROBERTS CT WINDERMERE, FL 34786 Real Estate Account Number 30-38-21-00001-0000-00022/0 / Alternate Key 10185 w O Get bills by email 10 2019-2021 Grant Street Group. AD rights reserved. htips:/Mdianrt"r.county-taxes.com/publie/search?search-query=30382100001000000O220 © 1 Search PAID 2020-11-23 $14,960.11 Effective 2020-11-21 Receipt 1t162-00000894 Print Data bill IPDF1 Page 1 of 1 42 of 118 3120190065895 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIIAN RIVER CO FL BK: 32.A3 PG: 454,11/1=019 9:23 AM D DOCTAX PD S12,250.00 Parcel Identillcadon No: 30-38-21-0=1-0000- DD022/0 Address: 13050 us Highway 1 Sebastian, FE 329SB This Instrument Prepared By: Fisher&oyles, LLP Tarun J. Chandran 4505 N Lincoln Avenue Chicago, IL 60625 After recording, please return to: First National Real Estate Services, LL.0 300 Rector Place, 41 New Yak, NY, I M90 www.Fbftfiona[RES.com iona[RES.com (Space above this line reserved for recording office use only) SPECIAL WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, PTS OF BREVARD COUNTY, INC, a Florida corporation (hereinafter, the "Grantor"), whose address Is 1815 Villa Espana Trail, Melbourne, FL 32935, hereby grants, bargains, sells and conveys to CHANDER HOLDING LLC, a Florida limited liability company, whose address is, 1814 Lake Roberts Ct, Windermere, FL 34786 (hereinafter, the "Grantee"), the following described real property: See legal description set forth In Exhibit A attached and Incorporated by this reference (the Prior Instrument Reference: No.; Book 1184; Page:1165 together with all Improvements located on the Property; all easements, if any, benefiting the Property; and all rights, benefits, privileges and appurtenances pertaining to the Property. SUBJECT TO current real property taxes and all unpaid, non -delinquent general and special taxes, bonds and assessments; all covenants, conditions, reservations, rights, easements, leaseholds, rights of way, and restrictions of public record; all zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the Property, and all matters visible upon or about the Property. TO HAVE AND TO HOLD the premises aforesaid unto said Grantee and Its successors and assigns forever; and that Grantor will warrant and defend the title to the said premises unto said Grantee and its successors and assigns forever, against the lawful claims and demands of all claiming by, through and under Grantor but no other. DATED: November 8, 2019 spedW Warranty need (0050 U5 Hlahwsy 1 Sebsstlar% Fi) 43 of 118 BK: 32S3 PG: 455 Witnesses: By: i4 ,c� C�Gl.C44'Lt. Name: ILLICA `SLIM a By: 604 Mi V1 � vv� Name: ty I T h Q ti(a uP STATE OF } Coun } § C" Klq PTS OF BREVARD COUNTY, INC., a Florida corporation Name: an. / Oc• o- Title: �� r On this , 2019, before me, a Notary Public In and for said County and State, personally appeared , the of PTS of Brevard County, Inc., who executed the foregoing Instrument an A40edged that he/she did examine and read the same and did sign the foregoing instrument, and that the his/her free act and deed and the free act and deed of the company. IN WITNESS WHEREOF, I have hereunto set my hand and official Notary Public f AMgMrowlMifl�s(bE 1Elslfl *ditkftftWy 11MftsEMflaiMMiwsmog �Iwefseo�YUIEYpE�b�s�a�wlrMaMMIM�,atw*Eero�relUr�L • 4 • p jtd iij!, car ..5,tr. 1 . ON (� °L rfMsani�L h.v= Natpsa r` "' R .'.. . M�eeeen,eoaa�Ee.kaMureoeareEia� ao�adol Oil OWN �4�.-- tetAe bblk ted bete 0*10- a ��NoMkAIYe MEd. tlni — E aEAy moor �u+i or: PeuuR+r Qoa. �e. r.� a m. aEr a oEaf a� EdE>A. � pnPEp�rewteaeena. tatEl�as ear aaa.w emorE LYMI[ YORIf GUEDE2 now any PKhsk1 "y M& So Cardr $ i dcomrasdm r 124u6 comet. E,*lrn.we te' M z Special Warranty Deed (130So US HW way 1 Sebastian, FL) 44 of 118 BK: 3253 PG: 4m F7(Htl 'A' Legal Descriptlon All of Lot 22. lying East of U.S. Highway No. 1 of Wouregan Subdivision, according to plat fled in the OMM Of the Clark of the Circuit Court of Srevard County, Florida, in Plat Book 1. Pace 75: and refiled In the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 176 and 179; The Point of Beglnntng formed by the common boundary between Lots 22 and 23, where It intersects with the Easterly right-of-way for U.S. Highway No.1; thence run Northwestery, along sold Eastery+ right-of-way for U.S. Highway No. 1; thence run Northwesterly, along said Easterly right-otway, a distance of 318.12 That thence run Northeasterly along the common boundary of Lots 22 and 21. a distance of 188.50 feet, Intersecting with the Fleming Grant Una; thence run Southeasterly, along Ftembv Grant Care, a distance of 315.0 feet; thence run Southwesterly along the common boundary of Lots 22 and 23. a distance of 207.05 fast, to the Point of Beginning; sald lande now lybV and being in Indian River County, Florida. Lass and Except property conveyed to M. Nasir Rizwi and Tabassum P&M. his wife, by vktue of deed recorded in Official R000rds Bock 1229, Papa 1185. of the Pulft Records of Men River County, Florida. SpecW Wunnty deed (LWSO US Hhabway 1 Sebastlsr4 R) 45 of 118 Indian River County Department of Utility Services 1801271h Street, Vero Beach, Florida 32%0 Phone: 772-567-8000. Fax: 772-770-5143 April 7, 2021 Re: Chander Holding, LLC Location: 13050 US Hwy 1, Sebastian Indian River County, Florida Sewer Connection Fee Payment Confirmed To whom it may concern, Please accept this letter as confirmation that 13050 US 1 has applied for Sewer Service and paid their required County Sewer Connection Fees. The account is now active and we have no further requirements for this connection. Please see the attached payment receipt for further details. Please feel flee to contact me should you have any further questions. J Oland, P ns Reviewer I. . Dept. of Utility Services 1801 27s' St. Vero Beach, FL 32960 Ph: 772-226-1636 jroland c 'rc o 4*4-1 o n tkl Ah zRC t+t+i1i+y Govt4t' -ior Pefmi-% 15 "c oetaire-d .9fe,40615 4bli-I 46 of 118 0 n Ot SE BASO - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 14, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Hill led the Pledge of Allegiance. Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Manager Dorri Bosworth Environmental Planner Kimberly Haigler Building OfficiallFire Marshal Wayne Eseltine Public Facilities Manager/Airport Director Scott Baker Chief Dan Acosta Deputy Police Chief Greg Witt Police Officer Robert Vafiades 5. AGENDA MODIFICATIONS — None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 21.054 A. Proclamation — National Public Safetv Telecommunicators' Week — April 11-17, 2021 Mayor Dodd read and presented the proclamation to Sebastian Communication Technicians, Brittany Lutz and Roxanne Huben. 21.055 B. Proclamation — National Volunteer Week — April 18-24, 2021 Mayor Dodd read and presented the proclamation to Community Policing Volunteer Captain Pieter Ketelaar and Lieutenant Robert Mastrandrea. 47of118 Regular City Council Meeting April 14, 2021 Page 2 21.056 C. Announcement — Council Member Fred Jones Completed Florida Leaque of Cities Universitv Online Orientation for Newlv Elected Officials Mayor Dodd congratulated Council Member Jones for completing the newly elected official's course and presented a certificate to him. Mayor Dodd also congratulated Barbara Brooke -Reese, MIS Manager, who has graduated from the Florida Institute of Government's Certified Public Technology Manager Program. He noted she deserves much kudos given that she has felt the brunt of the changes to electronic technology during the last year. Brief Announcements: • Monday, April 19 - FDOT Public Workshop on the Proposed Roundabout at the CR510/66th Ave Intersection in Council Chambers — 5:30pm • Saturday, April 24 - Earth Day Celebration at Riverview Park - 9am — 4pm • Tuesday, April 27 - Charter Review Committee's 2„d Public Hearing in Council Chambers — 6prrn Mayor Dodd announced the upcoming FDOT workshop would be held to discuss the widening of CR510 and proposed roundabout. He also said the Earth Day celebration will be a great event for the kids; and the public's last chance to talk to the Charter Review Committee would be April 271n 7. PUBLIC INPUT Steve Lucier, Toledo Street, thanked the Public Works Department for all of the City's ditch maintenance. He said people are starting again with the misinformation regarding glyphosate which bothers him, if they can't tell the truth, they shouldn't make statements. 8. CONSENT AGENDA A. Approval of Minutes — March 24, 2021 Regular City Council Meeting 21.057 B. Resolution No. R-21-08 — Abandonment of Rear Yard Easement, 133 Nebraska Circle (Transmittal, R-21-08, Map, Report, Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 9, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 21.058 C. Approve Road Closure and the Use of the Community Center for HALO's 5K "Chase Your Tail" Event on April 24, 2021 (Transmittal, Application, Receipt, Insurance) 21.059 D. Consider Request from Sebastian River Junior Women's Club and the Pelican Island Conservation Society to Sell Alcohol at the Arbor Day and Earth Day Celebration in Riverview Park on April 24, 2021 from 9:00 a.m. to 4:00 p.m. (Transmittal) 48 of 118 Regular City Council Meeting April 14, 2021 Page 3 21.060 E. Approve Alcoholic Beverage Event on May 15, 2021 from Application, Receipt) Mayor Dodd asked to pull Item #D. s at the Community Center for the Perez Family 6:00 pm to 10:00 pm - DOB Verified (Transmittal, MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approved Consent Agenda Items A, B, C and E passed with a unanimous voice vote. (5-0) Item D Mayor Dodd said he remembered a year or two ago when the subject of serving alcohol at the Earth Day event was discussed, there were members of the Natural Resources Board not in favor of this because it was more of a kid celebration than adult celebration. He asked if the current Board discussed this. The Environmental Planner explained that previously, the Board wanted to ask a vendor to come to sell the alcohol and this year, Pareidolia Brewing Company approached the Board to donate the beer proceeds to an organization. The Board chose the Pelican Island Conservation Society since they were unable to hold the wildlife festival this year. The Board then invited the other local brewery, Mash Monkey Brewing Company to participate. MOTION by Mayor Dodd and SECOND by Vice Mayor Hill to approve Item D passed with a unanimous voice vote. (5-0) 9. COMMITTEE REPORTS & APPOINTMENTS 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 21.061 A. Approve Design Build Guaranteed Maximum Price (GMP) Work Services Agreement with Ahrens Enterprises, Inc. dba Ahrens Companies, 2nd Ranked Firm of RFQ 19-04 Design Build of Hanaar "Y at Sebastian Municipal Airport in the Amount of $1,964,187.00 (Transmittal, Proposal) The City Manager reviewed that negotiations for the design/build of Hangar D started almost two years ago with an award to Johnson Laux Construction but it wasn't successful so staff ceased negotiations and moved to Ahrens Enterprises who went to work right away to get within budget for a complete project. He asked Council to approve the design/build agreement. Vice Mayor Hill congratulated staff for the outstanding work and injecting money into our economy. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve the design build guaranteed maximum price work services agreement with Ahrens Enterprises for Hangar D at the Airport. 49 of 118 Regular City Council Meeting April 14, 2021 Page 4 There was no public input. Council Member Jones asked if the estimated $85,000 income to the City included the office space, or hangar, or both. The City Manager said that was based on the square footage of the current design. Council Member Jones asked that the references to "county" be changed to "city" on pages 47 and 48. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 5-0 12. NEW BUSINESS 21.062 A. First Readina Ordinance No. 0-21-03 — Proposed Land Development Code Amendment in Reaards to Mobile Food Establishments and Criteria for Temoorary Uses — Set Public Hearinq for Mav 12. 2021 (Transmittal, 0-21-03, F. S.509.102 ) 6:23 pm AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS BY CREATING A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS, AMENDING LAND DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4 RELATING TO THE PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES, AND INITIATING LAND DEVELOPMENT CODE SECTION 54-2-3.6 WHICH INSTATES PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-21-03. Mayor Dodd said the State has preempted what municipalities can do to regulate food trucks and this ordinance will bring the City's code up to the state requirements. The City Manager noted the title will be changed to read "providing for severability" as opposed to "proving for severability" during the second reading. Mayor Dodd said on page 3, it was noted that an operator may need to obtain a business tax receipt. The City Manager explained if the owner takes the wheels off the truck and it is no longer mobile, the owner may then need to obtain a business tax license. The Community Development Manager explained that if an owner had two or three trucks and they took catering phone calls from their house, they would then need a business tax license for the home business; but the owner of an individual food truck would not. 50 of 118 Regular City Council Meeting April 14, 2021 Page 5 6:33 pm Vice Mayor Hill said he appreciated the way the ordinance was written because it protects the local businesses as the trucks will not be allowed on City property to be in competition with local businesses unless it is during a special event. The City Manager added that one or two trucks could be on private property for events such as the church bazaar or a sanctioned event. Council Member Nunn said while it is important to protect the local businesses, he noted many of food trucks are local residents trying to survive using their trucks and the ordinance will give them an opportunity to earn a living on local property. Council Member Jones said on page 71, section (2) he noted the line, "Cooking under temporary structures in prohibited ... ," should say, "is prohibited unless approved by the City of Sebastian Fire Marshal ..." MOTION by Vice Mayor Hill and SECOND by Council Member Jones to pass Ordinance No. 0-21-03 on first reading with the title correction and set the public hearing for May 12, 2021. Derek Gerry, 920 US Highway 1, Mash Monkeys Brewing Company expressed his support and appreciation for allowing this to go through. The motion passed with a unanimous voice vote. (5-0) 21.063 B. First Readina Ordinance No. 0-21-04 - Amendina Citv Code Chapter 46 - Floods - Set Public Hearina for Mav 12. 2021 (Transmittal. 0-21-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 46 FLOODS TO AMEND DIVISION 1 - GENERALLY; TO ADD DIVISION 2 - DEFINITIONS FOR ACCESSORY STRUCTURE, AND MARKET VALUE; TO DELETE DIVISION 2 - DEFINITION FOR MANUFACTURED HOME PARK; TO PROVIDE FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREA"`;; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 6:39 pm The City Attorney read the title to Ordinance No. 0-21-04. The City Manager said this is one of two ordinances that have been required to be updated because of Florida Building Code and FEMA changes 6:40 pm MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pasts Ordinance No. 0-21-04 on first reading and set the public hearing for May 12, 2021. Mayor Dodd cited the definition of market value on page 83, "The market value is the actual cash value (like -kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) ... and noted the mode in Tallahassee right now is to have insurance companies reimburse you for the depreciated value instead of the replacement cost and he asked if that term "replacement cost depreciated" was from something the City received. 51 of 118 Regular City Council Meeting April 14, 2021 Page 6 The Building Official explained, market value comes into play when you are trying to determine substantial improvement. For example, if a house is flood damaged after a hurricane, one option is to determine property value by using market value from a property appraiser, which is the cost to build the structure new minus depreciation based on age. This is for when the building is more than fifty percent damaged. Mayor Dodd said that is what is happening in Tallahassee right now; however, the Building Official said he didn't think this was related to insurance. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 The motion passed with a unanimous voice vote. (5-0) 21.064 C. First Readina Ordinance No. 0-21-05 — Amendina Chapter 26 Buildings and Buildinq Requlations — Set Public Hearina for Mav 12. 2021 (Transmittal. 0-21- 05. Admin Model Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING REGULATIONS; AMENDING ARTICLE Il. — BUILDING CODE SECTION 26-31.- TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI. -CONTRACTORS DIVISION 1.-GENERALLY SECTION 26-168.-RENEWAL OF CERTIFICATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-21-05. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pass Ordinance No. 0-21-05 and set the public hearing for May 12, 2021. Mayor Dodd asked if the item C, on page 91, modifies the fact that if someone is doing a remodel for only 10% of their building, they won't have to bring the rest of the building up to the current code. The Building Official said that was correct, only the new work would have to conform to the current code. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to pass Ordinance No. 0-21-05 on first reading and set the public hearing for May 12, 2021. The motion passed with a unanimous voice vote. (5-0) 21.065 D. Approve the Purchase and Five Year Service Agreement for the Sebastian Police Department's Bodv Worn and In -Car Cameras in the Amount of $392,915.00 (Transmittal, Quote) 52 of 118 Regular City Council Meeting April 14, 2021 Page 7 The City Manager said this was to bring the Police Department's body and vehicle cameras up to compliance; the chosen company provided the most responsive reply; the cost would be paid over the next five years with discretionary sales tax; and the City would set the parameters to trigger the camera recording. MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve the purchase and five year service agreement for body worn and in car camera in the amount of $393.915. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS The City Attorney reported the Charter Review Committee will be before Council in May with eight recommendations. 14. CITY MANAGER MATTERS The City Manager reported that FPL is requesting a significant rate increase and he suggested the public might want to speak up at the upcoming Public Service Commission hearings during the summer. Council Member Nunn said Bowman Consulting was at the Chamber today to talk about underground utilities which will also be expensive. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mavor Dodd Mayor Dodd said he appreciated the comments made by Mr. Lucier with regard to the erroneous social media posts and noted that he offered to meet with the misleading individual to talk about misinformation but he was turned down. He said it is important for citizens to understand that there's not anything nefarious going on the Council, nobody is making money; every decision being made is made by people who care about the City. He said he is more than willing to sit down with anyone who would like to talk about some of these things. He asked the public not to listen to the naysayers and invited the public to contact any one of them. B. Vice Mavor Hill 53 of 118 Regular City Council Meeting April 14, 2021 Page 8 Vice Mayor Hill said the Indian River School District is discussing the discontinuation of mask wearing and asked the City Manager when he thought City Hall and other facilities could get back to normal. The City Manager said he planned to allow staff to attend conferences again in June, and was thinking about relaxing the mask wearing, and outdoor seating during public meetings by the end of May. Vice Mayor Hill recapped that by the end of May, barring some unforeseen circumstance, people will be able to come to Council meetings without masks and temperature checks. The City Manager concurred. C. Council Member Jones Council Member Jones asked when the last time a competitive salary rate was done for the City's employees. The City Manager said just this last week, he met with the Human Resources Manager and they have decided to do a citywide Class and Compensation Study to see if anything needs to be adjusted. D. Council Member McPartlan Council Member McPartlan said at the last Planning and Zoning Commission meeting, the Commissioners brought forth engineering concerns and he asked if staff was looking into their suggestions and concerns. The City Manager responded that prior to the meeting, the plan was vetted by the City's Community Development Department and Engineering Department, the contracted engineer and an independent engineering consultant to make sure it is cost effective, efficient and functioning. He said while he; had not been directly asked the questions, the concerns regarding the recycling of the car wash water was not feasible and underdrains always present challenges. Council Member McPartlan asked the City Manager to go into depth about the: Fisherman's Landing parking areas. The City Manager explained the City is in a lease agreement with Fisherman's Landing whereby they have the right for the entire parking section of the dock and a row of parking on the south side across the street to keep the: public safe and separated when the fishermen load/unload the fish. Council Member McPartlan invited the public to see the awesome World War II soldier Charlie Sembler has constructed at the Sembler property next to Fishermen's Landing. E. Council Member Nunn Council Member Nunn said he was glad that Mayor Dodd gave the misleading social media participant an opportunity to have a factual discussion. He thanked staff for the organized meetings and reminded the public that they are only a month from hurricane season and suggested everyone should prepare now and trim their trees, gather supplies and not wait till the last minute. 17. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 7:08 pm 54 of 118 Regular City Council Meeting April 14, 2021 Page 9 Approved at the April 28, 2021 Regular City Council meeting. Mayor Ed Dodd ATTEST.• Jeanette Williams, MMC — City Clerk 55 of 118 CITY Lf SIEEASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 28, 2021 Agenda Item Title: Approve the use of Discretionary Sales Tax Reserves in the amount of $28,518.03 for the upgrade of the Email Server Licenses using State Contract # 43230000-15-02 with SHI International Corp. as the Sole Source in the amount of $27,619.03 and $899.00 for software tools. Recommendation: The MIS division of the Administrative Services Department recommences that the City Council approves the Email Server Update and allow the use of State Contract 43230000-15-02 as the sole source for the purchase of the required licensing. Background: We must address a substantial security threat that was disclosed publicly relating to our current email server. While we have other protections in place to try and prevent cyber-attacks, we need to insure that this equipment receives all the necessary patches. Because the email server licenses are so outdated, the manufacturer will not provide patches and recommends these upgrades to the current licenses that they do support. The Department of Homeland Security (DHS) and the Cybersecuriiy and Infrastructure Security Agency (CISA) have also recommended that this upgrade be completed as soon as possible. The upgrade to the current of licenses for the server will allow us to receive needed patches and updates from Microsoft and continue providing the latest protections for the City's email infrastructure. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $0 Total Cost: $28,518.03 Funds to Be Utilized for Appropriation: Discretionary Sales Tax (DST) Reserves Attachments: 1. SHI International Quote #20342338 2. Department of Management Services - Contract 43230000-15-02 Details 3. Department of Management Services - Contract 43230000-15-02 Contractors 4. Department of Management Services - Contract 43230000-15-02 Contractor Information 5. Memo of Record from Purchasing Officer Declaring this Purchase as a Sole Source Administrative Services Departme t Revi City Attorney Review: Procurement Division Review, if pa plica e: City Manager Authorization: Date: t 2 �? 56 of 118 Pricing Proposal Quotation #: 20342338 4h Created On: Apr-15-2021 Valid Until: May-15-2021 City of Sebastian Inside Account Executive Barbara Brooke -Reese Evan Ely Phone: (772) 589-5330 ext 8246 290 Davidson Ave. Fax: Somerset, NJ 08873 Email: breese@cityofsebastian.org Phone:732-652-0273 Fax: 732-564-8224 Email: Evan_Eiy@shi.com All Prices are in US Dollar (USD) Product Qty Your Price Total 1 Microsoft Exchange Server 2019 Enterprise - License - 1 server - volume - Win - 1 $2,738.93 $2,738.93 Single Language Microsoft - Part#: 395-04617 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 2 Microsoft Exchange Server 2019 Standard CAL - License - 1 user CAL - volume - 250 $60.29 $15,072.50 Win - Single Language Microsoft- Part#: 381-04518 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 3 Microsoft Exchange Server 2019 Enterprise CAL - License - 1 user CAL - OLP: 250 $36.80 $9,200.00 Government - without services - Win - Single Language Microsoft - Part#: PGI-00905 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 4 Microsoft Windows Server 2019 Standard -License - 2 cores -Select Plus -Single 8 $75.95 $6G17.60 Language Microsoft - Part#: 9EM-00681 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Total $27,619.03 Additional Comments Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set 57 of 118 Licensing Solutions Providers (LSP) of Microsoft Software and Se... https://www.dms.myflorida.com/lousiness_operationststate_purcha... Skip to Main Content Department of Management Services Florida Department of Manaaement Services > Business Operations > State Purchasing > State Contracts and Agreements > State Term Contracts > Licensing Solutions Providers (LSP) of Microsoft Software and Service. << Return Licensing Solutions Providers (LSP) of Microsoft Software and Services43230000-15-02 Contract Details Effective Period 02/01/2016 through 01/31/2022 Contract Type State Term Contract • Contractor • Pricing _ Contract Information How to Use This Contract ('. 268.79 KB) Information Technoloq_y Enterprise Agreements • Additional Information Contract Documents Contract • Jennifer Reed Contract Administration 850-488-8366 • iennifer.reed(&dms.fi.gov Commodity Codes Please refer to "How to Use This Contract" in the Contract Information section above,) Description This state term contract provides Microsoft software license (perpetual and subscription) agreements, under which the Microsoft Licensing Solutions Provider (LSP) has the authority to sell and manage software licenses and maintenance. Please note that Microsoft Azure may be purchased from any contractor selling Microsoft products under the alternate contract source for Cloud Solutions (43230000-NASP0-16-ACS)_. Document reader download link • . Adobe PDF Reader 58 of 118 1 of 2 4/20/21, 12:00 PM Contractor / Licensing Solutions Providers (LSP) of Microsoft Soft... https://www.dms.myflorida.com/business_operations/state_purcha... Skip to Main Content Department of Management Services Florida Department of Manaaement Services > Business Operations > State Purchasinq > State Contracts and Agreements > State Terra Contracts > Licensing Solutions Providers (LSP? of Microsoft Software and Services > Contractor Licensing Solutions Providers (LSP) of Microsoft Software and Services43230000-15-02 Contractor Contractor List Florida Recycled Utilizes Name CBE Code Climate Friendly Products Authorized Coverage Area Preferred Products Resellers SNI International P - Asian -American, Non Certified No I No I No I Statewide 59of118 1 of 2 4/20/21, 12:01 PM Contractors - SHI International / Contractor / Licensing Solutions ... https://www.dms.myflorida.com/business_operations/state_purcha... Skip to Main Content Department of Management Services Florida Department of Manaciement Services > Business Operations > State Purchasing > State Contracts and Agreements > State Term Contracts > Licensina Solutions Providers (LSP) of Microsoft Software and Services > Contractor > Contractors - SHI International SHI International Contractor Attributes CBE Code Florida Climate Friendly Recycled Preferred Products Products P - Asian -American, No No Non Certified FEIN: 22-3009648 Website: httpL//www.shi.com/ Customer Contact Name: JOHN BREED Email: john_breed@shi.com Phone:850-585-3763 Address: 100 N TAMPA ST SUITE #3620, TAMPA, FL 33602 Contract Administrator Name: LIZ KLANN Email: liz_klann shi.com Phone:407-773-9549 Address: 100 N TAMPA ST SUITE #3620, TAMPA, FL 33602 Utilizes Authorized Resellers No Coverage Area Statewide 60 of 118 1 of 2 4/20/21, 12:01 PM JiN Ct SEBAIIST" HOME OF PELICAN ISLAND TO: CC: FROM: DATE: SUBJECT MEMO Procurement Files City Manager's Office Kenneth W. Killgore — Acting ProcurementlContracts Manager October 16, 2019 Determination of Sole Source Purchase In accordance with City Code Section 2-10 (c) (3): Administrative Services Department 1225 Main Street Sebastian, FL 32958 (772)388-8205 "A contract may be awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section." The MIS Division of the Administrative Services Department needs to upgrade the licenses on the Email Server to a current version, so the manufacturer can support with patches and updates that will address security flaws as they are discovered. It is important for this to occur as soon as possible. This Memo is being provided for the record to document my determination that the licenses issued by the manufacturer and made available from the provider known as SHI International Corp. is the only one practical source for the required items. Their products are available under the State of Florida Department of Management Services Contract 43230000-15-02. Kenneth W. Killgore, Acting curement/Contracts Manager END OF DOCUMENT Page 1 of I 61 of 118 CRCf ,SEEOST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: April 28, 2021 Agenda Item Title: CSA-8 Work Services Agreement with Infrastructure Consulting and Engineering, Inc. (ICE) for Bidding Services, Construction Management, and Construction Engineering and Inspection (CEI) Services relative to FM 445871-1 Construct Taxi Lane and Repair Taxiway Alpha; and FM445948-1 Square Hangar Site Development at Sebastian Municipal Airport. Recommendation: Approve Infrastructure Consulting and Development CSA-8 in the amount of $150,595 and authorize the City Manager to execute the appropriate documents. Backaround: Sebastian Municipal Airport has planned two construction projects for the immediate future. The first involves the construction of new Taxi Lane to provide access to future hangars and includes the repair of Taxiway Alpha; and the second includes construction of a new parking area and storm water improvements to support the future hangars. To save money on mobilization, both projects are currently advertised under a single bid. CSA-8 provides for Bidding Services, Construction Management and Construction Engineering and Inspection (CEI) for the combined projects. infrastructure Consultiing & Engineering, Inc. is a Continuing Consulting Service (CCNA) Contractor for Sebastian Municipal Airport. Monies for these services are funded by an FAA Grant covering 90% of the cost. The State covers an additional 5% through a PTGA grant and the City is covers the last 5% of the cost. This Agenda Item Reauires Exoenditure of Funds: Total Cost for this Agenda item is $150,595 with funds from: FAA Grant: $135,535 90% FDOT Grant: $ 7,530 5% City: $ 7,530 5% < Source DST Attachments: 1. ICE CSA-8 including Exhibit "A" and Scope and Fee 2. Combined Project Plans Administrative Services Departm t Review- City Attorney Review: Procurement Division Review, if plicable-. City Manager Authorization: G / Date: 1V/ / 7 /'; 62 of 118 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Infrastructure Consulting and Engineering, Inc. (ICE) 5500 W. Idlewild Avenue, Suite 115 Tampa, FL 33634 Work Authorization No: CSA - 8 Proiect Title: TAXILANE AND SITE DEVELOPMENT FOR FUTURE HANGAR DEVELOPMENT and REPAIR OF TAXIWAY ALPHA IT IS AGREED to undertake the following work in accordance with the provisions of the Infrastructure Consulting and Engineering Master Agreement entitled "Non -Exclusive Agreement for Continuing Professional Consulting Services dated February 15, 2019. Description of Assignment: Infrastructure Consulting and Engineering will prepare Grant application to the FAA after bids are received and a bid award is made for this project. ICE shall prepare Bidding Services assisting the City of Sebastian Procurement Office. ICE shall provide Construction Management and CEI Services for the project.. The work/project will include all task items outlined in Exhibit "A" Scope of Work I. Preliminary Planning Engineering and Plans for this project have been completed by ICE under CSA 6 and CSA 7. 2. Permitting & Inspections Under this CSA, ICE will apply for all necessary permits and conduct all required inspections outlined by FDOT• Aviation and FAA grant assurance guidelines. 3. Contract Administration ICE Is responsible for Project Management, Logs, Quality Testing, Inspections and will perform Project Grant Closeout documentation for the City, FAA, and FDOT. 4. Vendor's Responsibility (include estimated hours, if applicable) I DescrtgVon 4.1 Grant and Bidding Services outlined in Exhibit "A" 4.2 Construction Engmeerino Insoection (CEII and Construction Management 5. Pricing Description Preliminar( Plan nina Permittinq $ Ins�ct�ons Contract Administration 4.1 Tasks outlined in Exhibit "A" 4.2 Stormwater reports and Permit ADolications Quantity Contracted Unit Price WA NIA 1 Included in 4.2 1 Included in 4.1 and 4.2 1 $150,595 Included in 4.2 B. Dellverables Provided to the Cltv (surveys, plans, etc.) Description a. Redlined As -Built Plans b. NIA c. NIA Basic of Compensation/Period of Services: The above referenced description for CSA # will be performed for a fee in the amount of $150,595. AGREED: 4runglcture R: Date: Z%- 21- Z ) onsulting & Engineering, Inc. mbrecht Attest: Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN, City Manager Estimated Hours NIA I NIA TOTALS NIA Included in 4.2 Included in 4.1 and 4.2 $150,595 Included in 4.2 Quantity Date: Approved as to Form and Content for Reliance by the City of Sebastian only: Manny Anbn Jr., Esq., City Attorney 63 of 118 aTr Lf HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 28, 2021 Title & Recommendation: Approve CSA #01 (RFQ 20-05) with ARCADIS U.S., INC., Awarded Consultant to Provide Stormwater Master Planning and Professional Engineering Services, in an amount not the exceed $700,000. Background: Staff recommends Council APPROVE CSA #01 (RFQ 20-05), with ARCADIS U.S., Inc. in an amount not to exceed $700,000.00. At the October 14, 2020 Council Meeting, Arcadis U.S, Inc. was awarded RFQ 20-05 Stormwater Master Planning & Professional Engineering Services. From that time, staff has worked with the Arcadis team to review the City's waterways and infrastructure make-up that will aid in the preparation of the City's Stormwater Master Plan. If Aqenda Item Requires Expenditure of Funds: Cost, not to exceed: $700,000.00 Funds to Be Utilized: $350,000 from Stormwater Fund ($200,000 Budgeted and $150,000 Reserves) $350,000 from Discretionary Sales Tax Fund Reserves Attachments: 1. CSA #01 and Proposal Administrative Services Departure # Review:' CityAttorney Review: - Y _ Procurement Division Review, if applicable: ✓7 City Manager Authorization Date: / 97 of 118 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) ARCADIS U.S., INC. 1800 Pembrook Drive, Suite 300 Orlando, FL 32810 Work Authorization No: CSA #01 (RFQ 20-05) Proiect Title: Stormwater Master Planning & Professional Engineering Services IT IS AGREED to undertake the following work in accordance with the provisions of Arcadis U.S., Inc. ("Consultant"), Master Agreement entitled Stormwater Master Plan Agreement dated 15`" of October of 2020. Description of Assignment: Consultant will provide Stormwater master planning and professionally engineering services as detailed in Exhibit A, attached to this CSA. The work/project will include the following key tasks: 1. Project Management 2. Stormwater System Data Collection, Review and Assessment 3. GIS Mapping of Major Stormwater Assets 4. Modeling to Evaluate System and Support Grant Funding 5. Alternatives Development and CIP Prioritization 6. O&M Plan Development 7. Public Education and Involvement 8. Funding Plan and Grant Management 9. Master Plan Development 10. Pricing Description Quantity Contracted Unit Price TOTALS Project Management 1 $65,000 $65.000 Stormwater System Data Collection, Review 1 $135,000 $135,000, and Assessment GIS Mapping of Major Stormwater Assets 1 $35,000 $35,000 Modeling to Evaluate System and Support 1 $185,000 $185,000, Grant Funding Alternatives 6evelopment and CIP Prioritization 1 $100,000 $100,000, O&M Plan Development 1 $15,000 $15,000, Public Education and Involvement 1 $15,000 $15,000, 1 Funding Plan and Grant Management 1 $130,000 $130,0001 Master�lan Development 1 $20,000 $20,000 11. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity I a. Technical M morandum - Existinq Stormwater System 1 1 b. GIS Maps of Major Stormwater Assets 1 1 1 c. Technical Memorandum - Existinq H&H and WQ models 1 d. Hydraulic Model including breakdown of model inputs 1 e. Modelinq Files (H&H Results, Output Files, Graphics) 1 f. Technical Memorandum — Alternatives Development Process and Target CIP Projects 1 q• 10-year CIP and Annual Budget Requirements 1 h. O&M Plan 1 i. Public Education Handouts/Materials 1 j. Funding StratepV and Implementation Plan 1 k. Grant Application Materials 1 I. Draft and Final Stormwater Master Plan 1 98 of 118 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Basic of Compensation/Period of Services: The above referenced description for CSA #01 will be performed for a total lump sum fee in the amount of $700,000. AGREED: VEND R: Melissa L. Pomales, PE Arcadis U.S., Inc. Attest: Jeanette Williams, MMC, City Clerk April 21, 2021 Date: CITY OF SEBASTIAN: Date: Paul E. Carlisle City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Manny Anon Jr., Esq., City Attorney 99 of 118 ARCADIS R19161, *919M.4 ATINM CITY OF SEBASTIAN, FLORIDA STORMWATER MASTER PLAN Final April 19, 2021 Arcadis U.S., Inc. (Arcadis) will work with the City of Sebastian (City) to develop a Stormwater Master Plan that will leverage existing data and resources, include a Capital Improvements Plan (CIP) that will meet City needs, be practical and feasible to implement, and provide steps needed to apply for federal and state funding for the CIP projects. The specific project goals are to: • Develop a programmatic approach to address the current significant and costly backlog of stormwater capital improvement and system rehabilitation projects, while also anticipating future needs. • Provide a systematic and defensible process for preparation of a 10-yr CIP Program and prioritization of capital projects, including establishment of strategic goals. • Establish 10-year CIP with budget requirements (grants, general funds or other funding mechanisms). • Identify specific federal and state sources for funding and include the steps and proce:5s to pursue grants and meet reporting requirements for eligible CIP projects. • Leverage digital tools for GIS mapping of major stormwater assets and rehabilitation assessments. • Provide a streamlined approach for future hydrologic/hydraulic and water quality modeling based on individual watershed needs and identification of specific capital projects to support grant funding applications. • Incorporate a multi -objective framework for the Master Plan organized by watershed that considers conveyance issues, flooding problems, maintenance needs, and water quality considerations and is integrated with local mitigation strategies and floodplain management requirements. This Scope of Services defines the tasks that will be performed by Arcadis relative to the review and assessment of existing information, mapping of assets, development of a modeling plan, ranking and prioritization of system improvements, development of O&M and public education/ involvement plans, and compilation of these items into a Stormwater Master Plan document. The descriptions provided below identify the specific activities, assumptions, and deliverables associated with each task. Task 050 — Proiect Manaaement and Meetings The purpose of this task is to manage and administer the project as well as attend project and public meetings. Arcadis will: • Coordinate an initial project kick off meeting with the City; Page 1 of 10 100 of 118 ARCJaDIS Final April 19, 2021 Participate in regular coordination meetings/teleconferences; Provide regular project status updates to the City; and Support and provide communication materials including PowerPoint presentation slides, handouts, etc. for meetings with City Council and the public. Meetings are planned every other month throughout the duration of this task order. Deliverables for Task 050: Project schedule and monthly progress meetings with City staff Communication materials for City Administration and Public Meetings (Materials will be provided for a maximum of 10 meetings) Monthly Invoices Task 100 — Stormwater Svstem Data Collection. Review and Assessment The purpose of this task is to obtain, review, and assess existing data for the City's stormwater system. This task is divided into three subtasks: Subtask 110 Collect and Review Existina Stormwater Svstem Information Arcadis will collect and review available information from the City, such as the previous master plans, Hydrology & Hydraulic and Water Quality model files, GIS layers, stormwater system information, and other relevant data and reports from county, state, and federal sources. Specific documents of interest to be requested from the City include: • 2004 Master Plan • 2013 Master Plan Update and supporting models and documentation • 2018 Master Plan Update and supporting models and documentation • City Coastal Resilience Plan • City Comprehensive Plan • City Consolidated Plan • City MS4 Permit and supporting documentation • City and County Local Mitigation Strategy • County 2030 Comprehensive Plan (Stormwater Sub -Element) • Available City stormwater system information (e.g,, existing GIS layers, inventory, citizens complaints) Data to understand the impacts of climate change on the City's stormwater system and possible adaptation strategies will also be obtained and reviewed by Arcadis. Examples include the Florida Atlantic University's Center for Environmental Studies and the Harbor Branch Oceanographic Institute's studies and data on climate analyses for the Indian River Lagoon, which include climate downscaling and the St.. Johns River Water Management District's Southeast River Forecast Center that publishes Impacts of Rainfall Distributions on Runoff Depth. A gap analysis will be conducted to determine additional data necessary to meet the objectives of the master planning effort. A log of all files received and reviewed will be developed. Page 2 of 10 101 of 118 i A ARCADIS Final April 19, 2021 Subtask 120 Review Current Extent -of -Service and Level -of -Service Policies The 2018 Master Plan update indicates that the Level -of -Service (LOS) to determine flooding locations and projects for the CIP was based on the 25-year/24-hour or 100-year124-hour storm events overtopping the top of road elevation or top of channel bank elevations. Arcadis will review LOS information from that Master Plan study, other master plans, and local sources of information such as the SFWMD Environmental Resource Permit Applicant's Handbook — Volume II and FDOT Drainage manual (Table 2-1) Design Storm Frequencies for drainage channels and Table 3-1 design storm frequencies for storm drains. Arcadis will present a summary of LOS information and will help the City to establish a practical and achievable LOS that serves the City the best in the planning timeframe and that is in concurrence with the strategic goals outlined in the Stormwater Master Plan. For Water Quality LOS we will also review the previous master plans and use information from the SFWMD BMAPs that include a list of action items to reduce pollutant loadings to waters designated impaired by the establishment of TMDLs (Indian River Lagoon Basin Central Indian River Lagoon). Protection of its water and natural resources, such as the Indian River Lagoon, is not only vital to the City's economy but also demanded by the residents. The City's commitment to water quality protection is evident in the construction of the Stormwater Facility for water quality treatment and the establishment of a Natural Resource Board Commission to review local environmental issues. Subtask 130 Perform Infrastructure Asset Assessment Arcadis will review existing stormwater system information and develop a GIS based inventory of stormwater assets. Arcadis will work with the City to prioritize locations/watersheds and perform a structure condition assessment and stormwater outfall identification for select watersheds. It is anticipated this will include limited assessment of critical assets and a pilot area investigation program that will be used to inform and project system -wide needs. Our location technicians will use mobile, tablet -based applications to determine the current condition of stormwater assets and update the inventory of the stormwater conveyance system. This update will facilitate planning and maintenance activities, as well as the development of capital improvement strategies and meet MS4 regulatory requirements to be developed as part of the Master Plan. The tablet -based data collection will create digital inspection records in the field without the need for time intensive data input and processing of paper inspection forms. Condition photographs will be collected and referenced to the inspection record and asset unique identifier. Previously unknown or undocumented assets which are discovered during inspections will be recorded and located with GPS coordinates. Arcadis uses an ArcIMS site that facilitates fast transfer of data from the field to the office. The City will be able to view the progress of the inventory 2417, as well as download data deliveries directly from the website as they become available. Reporting functionalities are also built into the site allowing streamlined tracking. A plan Page 3 of 11) 102 of 118 f'ARCA JIS Final April 19, 2021 to inventory and map the remaining system will be prepared so that effort can be budgeted for upcoming years. Deliverables for Task 100: • Summary (data log) of materials received and used for the Stormwater Master Plan project • Technical memorandum documenting existing stormwater system information including LOS policies, assessing condition of current infrastructure, and recommending future policies and plan for additional system assessment in lower priority areas as determined by the City. • The Technical Memorandum will also include information and results of the condition assessment of stormwater system. Task 200 — GIS MaoDina of Maior Stormwater Assets The purpose of this task is to prepare GIS data and produce maps of the stormwater system and assets. We understand the City has limited GIS-based information for the stormwater system. The purpose of this task is to maximize use of existing stormwater system information that exists in the City' GIS and augment that with information identified in past studies and models (Task 110) and from field visits of critical infrastructure (Task 130) to create an up-to-date map of major stormwater assets. At the project outset, we will review the available data and protocols for accessing the City's GIS data. We will then create a project data management plan that specifies how all team members will interact with the GIS and other IT systems. Deliverables for Task 200: • Map of major stormwater assets Task 300 — Modelina to Evaluate Svstem and Supaort Grant Fundina The purpose of this task is to review current flood & water quality data models to develop an approach for modeling to support the evaluation of the stormwater system and grant funding applications. We will review the existing model(s), provide an overview and assessment of their current state, and discuss their capability/functionality for future use. We will also propose a strategy for future watershed -based modeling that will satisfy the multiple regional and local flood protection, floodplain management, water quality, grant funding, and capital project permitting objectives. The City's current H&H model was developed using 1CPR version 3, which is no longer supported by the software developer. If the City would like to continue using ICPR as the hydrodynamic model of choice, we will discuss the steps necessary to convert the previous model (if available) to version 4 in the most cost-effective manner and utilize that model to perform the system Page 4 of 10 103 of 118 04ARCADIS Final April 19, 202.1 analysis. There are other H&H models available that can provide a more robust analysis thain ICPR. We will develop a modeling/software options evaluation table and select with the City the model that will be used to address future master planning needs. Our initial recommendation is use of PC-SWMM because of its low cost, wide usage, suitability for use on stormwater planning projects and better flexibility across project and facility types (surface water, subsurface pipe, pumps, BMPs, etc.). We will also review and recommend the need for a watershed -based water quality assessment. Once the model type is selected, Arcadis will develop a skeletonized model of the entire City stormwater system, perform H&H modeling of selected areas in coordination with the City to identify/confirm system issues and support funding applications. Deiiverables for Task 300: • Technical memorandum documenting existing H&H and WQ models, their function and usefulness for identifying system problems, evaluation and selection of the master plan model, and a recommended modeling approach for their use in developing CIPs to support future grant funding. The technical memorandum will also include documentation of the areas selected to be modeled and the analysis performed to identify system problems. • Hydraulic Model including a breakdown of model inputs. • Electronic modeling files including H&H results, output files, graphics and other information developed during the modeling work. Task 400 — Alternatives Development and CIP Prioritization The purpose of this task is to develop and evaluate stormwater system alternatives and prioritize future capital improvement projects. This task is divided into two subtasks: Task 4101nvesfiaate Alternatives and Develop Recommendations Arcadis will use the information obtained and/or developed in Tasks 100 through 300 'to identify/confirm drainage problems on an individual and watershed basis, determine potential alternatives to mitigate these issues and recommend improvements. The analysis will include review of several factors including: • Stormwater system asset condition • Stormwater system hydraulic capacity issues • Areas of historical complaints and/or flood damage • Impacted properties and structural flooding during various wet weather events • Potential areas where vehicular access could be restricted during events • Poor surface and site drainage • Resilience considerations based on the City's plans Task 420 Develop a Prioritized CIP Page 5 of 10 104 of 118 ARCAD I S Final April 19, 2021 The results of the models reviewed/developed in Task 300 will be used in this task to determine potential improvement options in high priority problem areas for various design storms. In addition, using the information developed in Task 410, Arcadis will work with City staff to identify, prioritize and provide estimates of cost for target CIP projects which can be addressed in the future by the City. A Triple Bottom Line scorecard approach will be used to rank, score and prioritize capital improvement projects that meet the City's project goals. Arcadis will develop a CIP prioritization process/tool for the City to use in the development of the Master Plan and in the future. Our services will include providing guidance on standards and templates to be used for CIP plan development to provide consistency across future stormwaterldrain age CIP projects, develop and evaluate stormwater system alternatives and prioritize future capital improvements. We will also work with the City to align the stormwater program with CIP planning and prioritization, the City's Comprehensive Plan, as well as Indian River County 2030 Comprehensive Plan, Stormwater Sub -Element (Chapter 3E), FDOT 5-Year Work Program, and other City/County plans, codes, ordinances, and development regulations identified in Task 100. Deliverables for Task 400: • Technical memorandum describing the alternatives development process and presenting a prioritized list of target CIP projects, including estimates of cost, which can be addressed by the City in the future. The Technical memorandum will also describe the prioritization tool. • Triple Bottom Line scorecard of prioritized CIPs. • 10-year CIP Plan and Yearly Budget Requirements Task 500 — O&M Plan Development The purpose of this task is to develop an O&M Plan that will help City crews in maintaining the stormwater system. Arcadis will provide guidance information and develop a plan to manage and perform routine (short-term) and long-term operation and maintenance (O&M) to adequately maintain stormwater assets. This will include information on typical O&M schedules, workforce and materials needed, as well as protocols, standard operating procedures, and maintenance standards that will inform work crews in the proper O&M of the stormwater system. Arcadis will meet with the City to discuss current O&M procedures and will incorporate them in the plan as directed by the City. Deliverables for Task 500: • O&M Plan Task 600 — Public Education and Involvement Page 6 of 10 105 of 118 ARCADIS Final April 19, 2021 The purpose of this task is to inform the public and key stakeholders of the development of the master plan and to build trust and support for the program. We will work with the City and our teaming partner, Valerin Group, to obtain insight into City resident's and stakeholders' concerns regarding flooding, the stormwater collection system, and stormwater in general. Public and/ or stakeholder meetings will be held to gather and share key project information as indicated in Task 050. We anticipate that there will be an initial meeting with the public and key stakeholders identified by the City to present the project objectives, confirm problem areas, and gather relevant information. There will also be two meetings to present project findings (draft and final). Arcadis will assist the City with arranging the meetings, preparing the necessary outreach materials, and notifying the residents of the proposed meetings. Besides public engagement, the public outreach program will also include a campaign to inform the public and stakeholders of the successes of the stormwater program and meaningful ways for them to get involved. We have identified some key stakeholders that will be the focus of the campaign and may directly or indirectly influence the success of the acceptance and implementation of the stormwater master plan. They include the City Council, internal departments of the City of Sebastian, FDEP, SJRWMD, Indian River County, FDOT, Sebastian Municipal Airport, the Florida East Coast Railway, Sebastian Municipal Golf Course, and the Sebastian River Area Chamber of Commerce. This list will be revised and updated with input from the City. Deliverables for Task 600: • Exhibits and handouts, PowerPoint presentations, handouts, agenda, meeting minutes and any other materials used for public outreach. • Brief information summaries to be sent to the stakeholders identified in this task to build support for the master plan. Task 700 — Fundina Plan and Grant Manaqement The purpose of this task is to identify funding sources, develop a funding strategy, and apply for and manage grants. This task is divided into three subtasks: Task 710 CRS Support Reserved, no support needed at this time. Task 720 Identifv Fundinq Sources and Develop a Fundinq Strateqv Arcadis will review the City's list of projects; meet with key stakeholders to review priorities and gain project understanding; conduct a thorough analysis of potential funding sources and opportunities; develop a funding strategy for specific projects; and make a presentation to the City and other key stakeholders on the results. This analysis of funding opportunities will include leveraging multiple sources to minimize City investment and expenditure. Opportunities may include but not be limited to federal/state grants from the Federal Emergency Management Agency (FEMA), United States Department of Transportation (DOT), United States Department Page 7 of 11D 106 of 118 ARCADIS Final April 19, 2021 of Housing and Urban Development (HUD), Environmental Protection Agency (EPA), and various state agencies, low/ no -interest loans, tax incentives and special financing programs. Task 730 Grant Application Development The scope of services includes activities necessary for development of one grant application for FEMA's Hazard Mitigation Assistance funding, either through the Building Resilient Infrastructure and Communities program or the Hazard Mitigation Grant Program. The City may decide to pursue more than one grant application, if requested. Based on the discussions held and the conclusions reached in Task 720, Arcadis can provide additional grant or loan applications. The specific approach and level of effort may differ slightly upon release of the program guidelines and materials. Proposed grant application services are listed below. Preliminary Eligibility Determination. Upon gathering of necessary information, Arcadis will perform a project review to determine that all components are eligible for funding under the applicable grant program. Arcadis will review one proposed project for conformance with the funding program priorities, technical feasibility, and cost-effectiveness and determine project eligibility. Feasibility Assessment. Arcadis will use existing documentation and photographs to gather measurements and a general understanding of project configurations, surroundings, and existing conditions. Such information is generally required for the grant application and is a refinement of the eligibility determination process. Project Scoping, Cost Estimating. Arcadis will develop scope of work narratives to describe the need for the project and ensure that project implementation will adhere federal, state, and local requirements. It is assumed that the City will have project budgets and schedules for the application. Arcadis will review existing materials to ensure compliance with FEMA cost - estimating principles and schedule requirements. If requested, Arcadis can develop cost estimates and schedules for each project. Benefit -Cost Analysis. A critical element of any federal grant program is that the applicant must demonstrate cost-effectiveness: the mitigation benefits that the proposed project expects to achieve must outweigh the project costs. Arcadis will provide benefit -cost analysis services for projects, as required by the relevant grant programs to assess the cost-effectiveness of federal expenditures. Arcadis has the expertise to conduct a benefit -cost analysis (BCA) using FEMA and HUD approved methodologies and tools to follow the Office of Management and Budget guidance (Circular No. A-94) to ensure that grant applications are cost-effective. Environmental and Historic Preservation Compliance. Any actions proposed by a federal agency are subject to an environmental planning, compliance, and review process, as required by the National Environmental Policy Act (NEPA) of 1969. Arcadis will conduct a desktop review of the selected project for Environmental and Historic Preservation (EHP) requirements to demonstrate that the proposed project avoids or minimizes harm to the environment. The Page 8 of 10 107 of 118 '/aRGaDIS Final April 19, 2021 environmental and historic preservation evaluation uses publicly available GIS data to review the affected area for the presence of wetlands, water bodies, and endangered species within the anticipated area of ground disturbance; supplemented by photographs provided by the City for the Project Location and Mapping portion of the application. In addition, Arcadis will send review and concurrence requests to regulatory agencies as required by the funding source. Application Submittal. Funding programs vary in submission process and format, but nearly all programs require local project ranking for funding allocations. Arcadis will compile the documentation and materials for a full grant application as described above and submit a complete funding application to the appropriate agency. This will include coordination with local stakeholders, such as the Indian River Local Mitigation Strategy Working group, for project support and ranking. We will continue to support you once the application has been submitted by responding to information requests and supporting you through the state and local contracting process. Deliverables for Task 700: • Funding Strategy with an implementation plan to apply for grant funding for specific projects • Grant application materials Task 800 — Master Plan Development The purpose of this task is to assemble the documents developed during the previous tasks into one cohesive master plan. A Draft Master Plan document will be submitted to the City for their review and comments. Arcadis shall coordinate a review meeting with the City to go over comments and requested revisions to the document. Within a month of receiving the City's comments and completing the review meeting, Arcadis shall complete and submit to the City the Final Stormwater Master Plan. Deliverables for Task 800: • Draft Master Plan • Final Stormwater Master Plan CITY RESPONSIBILITIES The City will respond to requests for data such as previous master plans/updates, H&H and WC) model files, GIS layers and stormwater system information, and other information from county, state, and federal sources in a timely manner. The City with lead all Public Outreach activities and direct/provide guidance to Arcadis and Valerin Group staff, if required, regarding meeting arrangements, necessary outreach materials, and public notifications for the proposed meetings. Page 9 of U) 108 of 118 �� /aRCJaDIS SCHEDULE Final April 19, 2021 Arcadis anticipates completing the Draft Stormwater Master Plan within 19 months from Notice to Proceed and finalizing the document within one month of receiving final comments from the City. Arcadis shall prepare a detailed schedule, by task, to be presented to and discussed with the City during the project kick-off meeting. The schedule will be revisited and updated, as necessary, throughout the project as part of the Project Management activities. COMPENSATION Arcadis will provide the base services described herein for Tasks 050 through 800 for the lump sum fee of $700,000. Table 1 summarizes the estimated fee associated with each task. Arcadis will invoice on a monthly basis, based on a percent completion by Task. TABLE 1 Task Description 050 Project Management 100 Stormwater System Data Collection, Review and Assessment 200 GIS Mapping of Major Stormwater Assets 300 Modeling to Evaluate System and Support Grant Funding 400 Alternatives Development and CIP Prioritization 500 O&M Plan Development 600 Public Education and Involvement 700 Funding Plan and Grant Management 800 Master Plan Development Total `fell ElI $65,000 $135,000 $35,000 $185,000 $100,000 $15,000 $15,000 $130,000 $20,000 $700,000 Page 10 of 10 109 of 118 '�rrO' SEBAST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 28, 2021 Title & Recommendation: Approve Design Build Guaranteed Maximum Price (GMP) Work Services Agreement with FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC., awarded Firm of RFQ 21-04 Design Build of Yacht Club Seawall Replacement, in an amount not to exceed $358,786.39. Background: Staff recommends Council APPROVE the Design Build Guaranteed Maximum Price (GMP) Work Services Agreement, in an amount not to exceed $358,786,39, with Ferreira Construction Southern Division Co. Inc. (Ferreira), awarded firm of RFQ 21-04 for the Design -Build of Yacht Club Seawall Replacement. Ferreira was awarded by Council at the March 10, 2021 Council Meeting and authorization was given to City staff to begin negotiations to reach a GMP. The GMP proposal provides for the replacement of the failing seawall, new pavilions and sidewalk. Ferreira will work to find additional cost savings on materials through the duration of the project. Ferreira is also the awarded Contractor completing the Fisherman's Landing project Design Build is a method used to allow a single vendor to provide planning, design and construction services under one contract. This ensures a unified flow of work from initial concept through completion. If Auenda Item Reouires Exoenditure of Funds: Total Cost: $358,786.39 Funds to Be Utilized: General Fund Reserves Attachments: 1. GMP Proposal....................................................................................................................... 2 2. Proposed GMP Agreement wl Ferreira Construction Southern Division Co. Inc.. ................. 6 Administrative Services Departme Revie City Attorney Review: Procurement Division Review, if applicable. - City Manager Authorization: A,/ Date: '// i /" 110 of 118 ,FERREZRA FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. April 21, 2021 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attn: Mr. Brian Benton Project: Design Build —Sebastian Yacht Club Seawall Replacement Project#: FL21019-1 Page 1 of 3 PROPOSAL Ferreira Construction Southern Division Co., Inc. is pleased to provide this proposal for the above referenced project. We will provide all labor, material, equipment, and supervision to construct the following scope of work. Item Description Unit Quantity Unit Price Total 1. Mobilization / General Conditions LS 1 $97,800.00 $97,800.00 2. Demolition and Debris Removal LS 1 $21,473.90 $21,473.90 3. Install SG UC-30 Vinyl Sheet Pile LF 275 $219.29 $60,304.75 4. Install Tie -Backs and Deadman EA 35 $620.35 $21,712.50 5. Install Weep Holes EA 36 $176.60 $6,357.60 6. Drainfield Rock Backfill Between Seawalls CY 85 $134.90 $11,466.50 7. Closure Pours EA 4 $1822.35 $7289.40 8. Install Reinforced Concrete Cap LF 275 $137.10 $37,702.50 9. Install Two (2) New Pavilions Concrete Slabs LS 1 $3218.40 $3218.40 10 Reinstall Aluminum Railing LF 275 $28.24 $7,766.00 11. Restore Removed Dock Sections LS 1 $4,277.60 $4,277.60 12 Replace 4" Thick Sidewalks (Labor, SF 2106 $8.19 $13,998.14 Equipment) 14. Sheet Pile Material Only LS 1 $36,677.05 $36,677.05 15. Concrete Material Only LS 1 $11,183.00 $11,183.00 13000 SE Flora Avenue - Hobe Sound, Florida 33455 - Phone: 772.286.5123 • Fax- 772.286.5139 www.ferreiraconstruction.com n Equul Oppurlunrlr !-platy 1 1 1 of 1 1 8 16. Pavilion framework including Roof LS 1 $8,444.85 $8,444.85 17. Fill material and Sod LS 1 $7,014.20 $7,014.20 18. Irrigation Repairs LS 1 $2,100.00 $2,100.00 Total $358,786.39 Project: Design Build — Sebastian Yacht Club Seawall Replacement Project #: FL21019-1 Page 2 of 3 Proposed Scope of Work: ■ Provide engineering drawings for building permit. ■ Remove existing pavilions and replace in kind. • Remove existing sidewalk and replace in kind. ■ Remove portions of wooden docks to allow for seawall installation and reinstall. ■ Remove and reinstall aluminum railing. • Remove trees and landscaping that may conflict with construction and reasonably replace in kind. • Remove existing concrete seawall cap and dispose of debris. • Drive new +/- 300 LF SG UC-30 vinyl sheet pile in front of existing seawall. • Install concrete deadman and tie -backs in 260 LF of the new sheet pile wall. Remainder will be cantilevered. • Install weep holes in new seawall and place drainfield rock between the existing and new seawall. • Install reinforced concrete cap. Exclusions: • Removal, relocation and/or replacement of existing utilities both public and private. • Removal, disposal, and replacement of unsuitable or contaminated soils. • Removal and disposal of buried debris not known, or reasonably anticipated, at time of proposal. • Disconnection, capping and reconnection of electric or water services. • Any item not specifically included is excluded. Clarifications: ■ All construction to be by normal means, methods, and equipment typical to the type of construction included in this proposal. Any extraordinary means required will be at an additional cost. This includes pre -drilling for sheet pile. • This proposal is limited to the scope of work outlined above. Any additional work outside the base contract will commence only after a change order has been agreed to in writing by both parties. ■ This proposal is good for thirty (30) days and can be extended for an additional period at the sole discretion of Ferreira Construction Southern Division Co., Inc. 13000 SE Flora Avenue • Hobe Sound, Florida 33455 • Phone: 772.286.5123 • Fax: 772.286.5139 www.ferreiraconstruction.com An Equal Opportunit.v F.njpkgivr 112 of 118 Project: Design Build —Sebastian Yacht Club Seawall Replacement Project #: FL21019-1 Page 3 of 3 This proposal is based on a design developed by the Ferreira Construction Southern Division Co., Inc. design team. In accepting this proposal, the Client agrees to the attached exclusions and clarifications and they are to become part of the contract documents unless specifically agreed to in writing by this Contractor. This proposal becomes a letter of intent to enter a contract when executed by authorized representatives of both parties and subject to the conditions noted herein. Ferreira Construction Southern Division Co., Inc. 6Z�r a; 7�_' Signature John Ciabattari, Vice President Printed Name and Title April 21,2021 Date City of Sebastian Signature Printed Name and Title Date 13000 SE Flora Avenue - robe Sound, Florida 33455 • Phone. 772,286.5123 • Fax: 772,286.5139 www.ferreiraconstruction.com An Equal Oppornwily Entpi ver 113 of 118 DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT RFQ 21-04: Design Build Yacht Club Seawall Project AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Ferreira Construction Southern Division Co. Inc. (Design Builder). 2. Designated Contact Person as to City: 3. Designated Contact Person as to Design Builder: Brian Benton (PROJECT MANAGER) Leisure Services Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-228-7057 Cell: 772-205-7560 Email: bbenton@cityofsebastian.org John Ciabattari (PROJECT MANAGER) Vice President 13000 SE Flora Avenue Hobe Sound, FL 33455 Phone: 772-286-5123 Cel I: 772-286-5139 Email: jciabattari@ferreiraconstruction.com 4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work is a total of Three Hundred Fifty -Eight Thousand, Seven Hundred Eighty -Six dollars and Thirty -Nine cents ($358,786.39). The Design Builder shall be entitled to no increase. This price is for the performance of the Work in accordance; with the Agreement Documents listed in Section 6. 5. Project Time. The Design Builder shall achieve Substantial Completion of the Work and issue Certification of Occupancy no later than September 01, 2021. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document. • Exhibit "A" — GMP Proposal for Design Build Project, including Project Qualifications, dated April 21, 2021 • Exhibit "B" — Project Schedule(s) - to be submitted within 10 days of Notice to Proceed (NTP) • Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP), Purchase Order(s), Contract Amendments and Change Order(s), 7. Liquidated Damages. If the Design Builder fails to achieve Substantial Completion of the Work within the Contract Time listed above, the City shall be entitled to retain or recover, as liquidated damages and not as a penalty, the sum of $300.00 per calendar day. Liquidated Damages will be sought starting on the first day following expiration of the Contract and continuing until the actual date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the Design Builder under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Design Builder shall be payable to the City at the demand of the City, together with interest: from the date of the demand at the maximum allowable rate. 8. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. City of Sebastian, Florida I Ferreira Construction Southern Division Co., Inc. (GMP) 114 Of 118 RFQ 21-04 Design Build Yacht Club Seawall Replacement Project Page 1 of 5 9. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. Design Builder Initiated Changes. If the Design Builder initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, Design Builder shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon ten (10) days' written notice to Design Builder, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Design Builder. Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 14.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. an amount not less than: Commercial General ' $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Liability Completed Operations; and Personal & Advertising Injury • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit Professional Liability an amount not less than: (Errors & Omissions) 0 $500,000 Each Occurrence, covering any damages caused by an error, omission or any negligent acts, an amount not less than: Automobile Liability 9 $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit In accordance with Florida Statutes 440, maintain worker's compensation Worker's insurance to the extent required by law for all their employees to be engaged in Compensation work under this contract. City of Sebastian, Florida 1 Ferreira Construction Southern Division Co., Inc. (GMP) RFQ 21-04 Design Build Yacht Club Seawall Replacement Project Page 2 Al of 118 15. Payments. 15.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15.2 Direct Purchases. The City reserves the right to make direct purchases of any materials and/or equipment included in the project. The City shall coordinate such purchases with the Design - Builder. To the extent requested by the City, the Design -Builder will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that will be installed by Design -Builder), inspection, installation and testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, to the extent that any furnished and installed materials directly purchased by the City were included in the Design -Builders GMP, the GMP will be reduced by the amount included for each item. 15.3 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Design Builder's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.4 Progress Payments. 15.4.1 151 Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Design Builder shall submit to City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. 15.4.2 Monthly Applications for Payment. Design -Build Firm shall submit three (3) copies of each of its Applications for Payment to the City on or before the 25th day of each month for work performed durinca the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to the Design Builder indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Design Builder may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Design -Build Firm shall in no way imply approval or acceptance of Design -Build Firm's work. 15.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment City of Sebastian, Florida 1 Ferreira Construction Southern Division Co., Inc. (GMP) 116 Of 118 RFQ 21-04 Design Build Yacht Club Seawall Replacement Project Page 3 of 5 request. Such sum shall be accumulated and not released to Design Builder until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Design Builder's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Design Builder upon receiving a certificate of completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 15.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Design Builder under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Design Builder to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (e) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at Design Builder's expense. City also may offset against any sums due Design Builder the amount of any liquidated or un-liquidated obligations of Design Builder to City, whether relating to or arising out of this Agreement. 15.4.5 Final Payment. City shall make final payment to Design Builder within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. Design Builder's acceptance of final payment shall constitute a full waiver of any and all claims by Design Builder against City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of Design Builder's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Design Builder does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAM-i, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. City of Sebastian, Florida 1 Ferreira Construction Southern Division Co., Inc. (GMP) 117 Of 118 RFQ 21-04 Design Build Yacht Club Seawall Replacement Project Page 4 of 5 Indemnification. The Design Builder shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 17. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 18. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 19. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 20. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do $o and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., Esq, CITY ATTORNEY THE CITY OF SEBASTIAN : ("City") AM Paul E. Carlisle CITY MANAGER FERREIRA CONSTRUCTION CO., INC.: ("Design Builder") John Ciabattari VICE PRESIDENT City of Sebastian, Florida / Ferreira Construction Southern Division Co., Inc. (GMP) 118 Of 118 RFQ 21-04 Design Build Yacht Club Seawall Replacement Project Page 5 of 5