Loading...
HomeMy WebLinkAbout04241996 City_of Sebastian 1225 MAIN STRF_ET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA SEBASTiAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 24, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet providedprior to the meeting - limit often minutes per speaker (R-95-33) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Aaron Robertson - Sebastian Church of God 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 96.073 A. Presentation of Plaque - Former Vice Mayor Carolyn Corem 96.074 B. Presentation of Plaque - Employee of the Quarter 96.075 Presentation of Plaques - Former Tree Advisory Board Members - Margaret Miquelon and David Norton 96.076 1 Presentation of Proclamation - Law Week U.S.A. - 4/28/96 - 5/4/96 - Norman Green - President of the Indian River County Bar Association Accepting 96.077 3 Presentation of Proclamation - Girl Scout Leader's Day - 4/22/96 and Girl Scout Leader Appreciation Week - 4/21/96 - 4/27/96 - Helen DiBenedetto Accepting 7. OUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation ~ 15Minutes Inquiry of Applicant Proponents'Testimony- 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation. Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff lnquiry I i i I I I I i i i i I I I I I 96.078/ 94.224 5-10 96.039 11-26 27-46 96.079 47-48 96.080 49-54 96.081 55-56 96.082 57-58 Request for Site Plan Time Extension - Captain Hiram's Motel and Miniature Golf Course (Community Development Transmittal 4/17/96, Collins Letter 2/7/96, Application, Map) H.D. Adams Enterprises, Inc. - Request for Variance for Fire Permit at Harbor Point Subdivision (Community Development Transmittal 4/16/96, Application, Section 42-48 Code, Map, Humanes Letter 3/27/96, Spataro Letter 4/11/96) CONSENT AGENDA Ail items on the consent agenda are considered to be 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. Approval of Minutes - 4/10/96 Regular Meeting, 4/13/96 Special Meeting Proposed Budget Calendar - 1996/1997 Fiscal Year (City Manager Transmittal 4/17/96, Proposed Calendar) Fourth of July Matters - Closing of Certain Streets as Requested; Use of Community Center on 7/4/96 and Yacht Club on Several Dates for Meetings; Placement of Advent Balloon in Riverview Park Upon Receipt of Insurance (City Clerk Transmittal 4/10/96, Ellis Letters 4/10/96) Vero Beach/Indian River County Recreation - Request Use of Riverview Park - Concert 5/5/96 - 2 pm to 4 pm - Use of Electric - Standard Conditions (Community Development Transmittal 4/17/96, Wilson Letter 4/10/96) James M. French - Request Use of Riverview Park - "Scott Ellis for State Senate" Political Rally - 9/21/96 - 11 a.m. to 3 p.m. - Standard Conditions (City Clerk Transmittal 4/9/96, French Letter 4/9/96) i 10. 11. 96.083/ 95.151 59-79 12. 96.084/ 95.041 81-141 13. 14. 15. 16. PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS A. Natureland Landscaping - U.S. Highway One Median Landscaping Project - Request for Additional Payment - $908.11 (City Manager Memo 4/16/96, Request for Payment, PW Director Memo 3/6/96, Breakdown of Plants by Island) NEW BUSINESS A. Appropriate $68,500 from Airport Enterprise Fund - Contract and Bid Award - Airport Drive West (Phase I) - Hem~y Fischer and Sons, Inc. - $176,544.65 (City Manager Transmittal 4/16/96, Bid Tabulation, Bid and Contract Documents) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CiTY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Raymond Halloran C. Mr. Richard Taracka D. Mayor Louise Cartwright E. Vice Mayor Walter Barnes CITY ATTORNEY MATTERS CITY MANAGER MATTERS 4 I I I i I I I I I I I I I I I I I I I i I 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE12NG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDiNGS AND MAI'NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDiNGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HE. ARD. (286.010.5 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589~5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEET1NG. WHEREAS, May Ist is Law Day U. S. A. in the United States of America; and WHEREAS, the United States of America has been the citadel of individual liberty and a beacon of hope and opportunity for more than 200 years to millions who have sought our shores; and WHEREAS, the foundation of individual freedom and liberty is the body of the law that governs us; and WHEREAS, the constitution of the United States of America, and the Bill of Rights, are the heart of'that body of'law, which guarantees us many freedoms - including freedom of'religious belief., freedom to have and hold property inviolate, f,reedom of' assembly, Freedom of'speech, Freedom of press, freedom of, petition, and due process of'the law among others; and WHEREAS, this year marks the 39th annual nationwide observance of Law Day, and the Congress of the United States and President Clinton and Governor Chiles by official proclamation have set aside May I as a special day f,or recognition of the place of law in American life; NOW, THEREFORE, I, Louise R. Cartwright, by the authority vested in me as Mayor of the City &Sebastian, Florida, do hereby proclaim May 1, 1996 as Law Day and the week of.April 28 through May 4, 1996 as "LAW WEEK U.S.A." in Sebastian and call upon its citizens, schools, businesses, clubs and the news media to commemorate the role of, law in our lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 24th day of April, 1996. ? Louise R. Cartwright, ATTEST: Kathryn M. 0'Flalloran, City Cle~k WHEREAS Girl Scouts of the United States of America observes the 15th annual Girl Scout Leader's Day on April 22, 1996; and WHEREAS, since 1912 Girl Scout leaders have given unselfishly &themselves and invested in the future of girls; and WHEREAS, throughot,t 84 years o£dedieated service, Girl Scout leaders have prepared girls to meet the responsibilities and challenges of a rapidly changing society; and WHEREAS Girl Scout leaders are role models who girls can admire, hold in esteem, and respect; and WHEREAS Girl Scout leaders make Girl Scouting a fun, all-girl, memorable experience for girls ages five through seventeen; and WHEREAS Girl Scout leaders are teaching girls to be self-realized, confident, resourceful young womeu and are preparing today's girls to be leaders of tomorrow; and WHEREAS Palm Glades Girl Scout Council, thanks to the support and leadership of more than 3500 Girl Scout leaders and volunteers, will continue to be a thriving organization, proud to be part ora movement that is the living expression of"building a better tomorrow, one girl at a time"; and NOW THEREFORE, I, Louise R. Cartwright, by virtue of the authority vested in me as Mayor &the City of Sebastian, Florida, do hereby proclaim April 22, 1996 as "Girl Scoui Leader's Day" in the City of Sebastian and April :21 thru April 27, 1996 as "Girl Scout Leader Appreciation Week". IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, indian River County, Florida this 24th day of April, 1996. Louise R. Cartwdght, Mayo(./ ~athryn I~. O'Halloran, C{ty Clerk I i I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FOR SITE PLAN TIME EXTENSION FOR CAPTAIN HIRAM'S MOTEL AND MINIATURE GOLF COURSE Approved For Submittal By: City Manager Agenda Number: -C'/ 2~ / Dept. Origin: Community Development (RM) Date Submitted: 4/17/96 For Agenda Of: 4/24/96 Exhibits: 1. Thomas Collins letter of 2/7/96 2. Linda Hawks letter of 3/11/96 3. Site plan application 4. Site map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of April 6, 1995, the Planning and Zoning Commission approved a site plan for a motel and miniature golf course at Captain Hiram's to be located at 1606 Indian River Drive. The approval of the four story, 80-unit motel with surrounding 18-hole miniature golf course followed the approval by City Council of a special use permit to allow the miniature golf course in the General Marine Commercial Zoning District. Section 20A-10.5 of the Land Development Codes states that site plan approval shall terminate twelve months after issuance, if construction has not been started. Extensions may be made by City Council at its discretion. In February, staff sent notice to Mr. Collins regarding the pending termination of his site plan and advised him of his option to request an extension. A request for a two-year extension has been received and the appropriate fees have been paid. Due to prior commitments, Mr. Collins requested this matter be delayed until the April 24, 1996, City Council meeting so that he could attend. Staff recommends approval of the extension of this site plan for one year rather than the two years requested due to the pending recommendations~ the Riverfront Committee. / · ~ RECOMMENDED ACTION Move to approve a one-year extension of the site plan for Captain Hiram's Motel and Miniature Golf Course to expire April 6, 1997. I I i I i i I I i i i I I I I I I i February' 7, 1996 Capt. Hiram RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Manna & Trading Company, Inc. Cky of Sebastian Planning and Zoning Commission Mr. Carl Fischer, Chairman 1225 Main Street Sebastian, Florida 32958 Dear Cart and Feflow Commission Members: in April or May of 1995, Capt. I-~tram's received site plan approval to construct a miniature golf course and motel on our property located between US #1 and indian River Drive. We would like to request a two-year extension of that site plan approval. Thank you for your cooperation in this matter. Sincerely, Thomas I-I. Collins cc: Ben Bishop Martin Carter City of SebamJan Mayor and Council Corporate Office: 9301 N A-l-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 Ir.&,-'(: (407) 589-5100 Capt. Hiram's I RIVER RAW BAR & SEAFOOD CAFE '" i Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Company, I_nc. March 11, 1996 Ms. Dome Bosworth, Secretary Plamamg and Zoning Commission City of Sebastian t225 Mare Street Sebastian, Florida 32958 RE: Site Plan Extension, Job #92-078 Dear Dome: Enclosed please find the cheek for the site plan ex-ten.sion for Capt. t-~tram's Restaurant and Marina. We realize we missed getting this on the agenda for the March 13th meeting beeau~e we didn't have the etaeek ia your hands on time. Tom Collins, who would Like to be at the City Council meeting when this issue is addressed, will not be able to make the next several meetmg~ due to conflicts. He would like this extension to be placed on the agenda for Re April 24th meeting if at all possible. Please let me know if there are any questions or problems wida this request. Tlmnk you very much. erety, L/ada A_ Hawks, A~sistant to Thomas H. Collins Enclosure 9301 N A-i-A, Suite 4, Vero Beach, FL 32963 Corporate Office: PHONE (407) 589-8000 F,~,X: (407) 589-5100 SITE PLAN REVIEW APPLICATION CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: 407/589-5330 THIS SITE PLAN REVIEW APPLICATION MUST BE COMPLETED AND RETURNED WITH ALL ENCLOSURES REFERRED TO HEREIN, TO THE PLANNING AND ZONING SECRETARY LOCATED IN THE ENGINEERING DEPARTMENT. PRIOR TO SUBMITTAL, THE APPLICANT SHOULD REVIEW THOROUGHLY ALL ATTACHMENTS ~EQU[RED WZTI.I THIS APPLICATION ALONG WITH THE ATTACHED DESCRIPTION OF THE $~TE PLAN ~EV~EW ~ROCESS (IN ACCORDANCE WITH 0RD[NANCE 0-~-]~, LAND 0EVELOPMENT CODE, ARTICLE X "SITE PLAN REVIEW"). t ,. PROJECT ARCHITECT '~*~ ~3 ~ ZONING CLASSIFICATION ,LAND USE DESIGNATION LEGAL DESCRIPTION OF PROJECT ~ "~-~ STREET AOORESS OF PROJECT ~o~ -~.~'~'~ DEVELOPMENT SITE SiZE 139.& ACRES C~-+ I SQUARE FOOTAGE OF NE~ IHPERV[0US SURFACE ~ ~ THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION: A COPY OF THE OWNER'S RECORDED DEED. ~ [F APPLICANT OTHER THAN OWNER .... NOTARIZED AF~iDAVI-F TO AUT~IORIZE APPLICANT TO SIGN WILL BE REQUIRED. \/ERIFZED STATEMENT SHOWING EAC11 AND EV~ HAVING EQUITABLE OWNERSHIP INTEREST. ~tJRRENT SURVEY OF P~OPERTY, SIGNED, SEALED, AND DATED BY LICENSED LAND SURVEYOr. ~C.~,~ WRITTEN VERIFICATION OF PRELIMINARY REVIEW BY }4~'- INDIAN RIVER COUNTY PUBLIC HEAL'FH UNIT. , I VICINITY MAP SECTION 31, TOWNSHIP 'F 30 SOUTH, RANGE 39 EAsT i i City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 i I I I SUBJECT: REQUEST BY H. D. ADAMS ENTERPRISES, INC. FOR VARIANCE REGARDING FIRE PERMIT AT HARBOR POINT SUBDIVISION Approved for Submittal by: City Manager-'~~{~J. ~ Dept. Origin: Community Development ~(GB) Date Submitted: 4/16/96 For Agenda Of: 4/24/96 Exhibits: 1. Fire permit application 2. Section 42-48 code of Ordinances 3. Location map 4. Otis Humanes letter of 3/27/96 5. Joe Spataro letter of 4/11/96 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: I i I I I I I i i SUMMARY STATEMENT On March 13, 1996, City Council approved the preliminary plat for Harbor Point Subdivision. H. D. Adams Enterprises, Inc., the developer of this subdivision, is constructing the required improvements which include land clearing of all roads and drainage areas. Mr. Adams has now applied for a permit to burn land clearing debris on property located in this subdivision. The conditions for approval of such a permit are outlined in Section 42-48 of the Code of Ordinances. The proposed burn site is located approximately 800 feet from an occupied single-family dwelling which is located in the Chesser's Gap subdivision. City code requires such distance to be a minimum of 1000 feet. All other provisions of city code can be met. Section 42-48(e) outlines the conditions by which City Council may grant a variance from the city code. Attached are letters from the Division of Forestry (Joe Spataro) and the Fire Chief (Otis Humanes) granting permission for the fire permit subject to certain outlined conditions and subject to the granting of a variance by Sebastian City Council. As Building Official, I have no objection to the request for a variance to allow the burn site to be 800 feet from an occupied building, subject to applicant complying with all conditions outlined by both the Division of Forestry and the Fire Department. RECOMMENDED ACTION I Review application for fire permit. Grant variance from Section 42-48(b)(1) of the Code of Ordinances to allow a fire permit to be issued to H.D. Adams Enterprises, Inc. for the Harbor Point Subdivision located '~ 800 feet from an occupied building. Permit approval will be subject to applicant meeting all conditions as outlined by Joe Spataro of the Division of Forestry in his letter dated April 11, 1996 and all condition~ as outlined by Otis Humanes of the Indian River County Fire Division in his letter of March 27, 1996. Manager's Commen~s Section 20A-5.15. C.i.b. states "Nc operations from any Type shall produce smoke, glare or o~her visual hazards within three (3) statute miles of any usable runway of a public airport." Should Council grant the burn request, a stipulation referencing the suecific ~ ~ proh~b .... =on as enumeraEed adore should be required. I i I i I I City of Sebastian Il I I I'llt }fll (.ill/) t~ll~ ~;;l:lll ~ I AX (-tll I) CITY OF SEBASTIAN FIRE PERMIT APPLICATION DATE OF APPLICATION: March 25, 1996 NAME OF APPLICANT: HD Adams Enterorises, Inc. ADDRESS: 1676 U.S. ~w7 #1, Sebasuian, FL 32958 PHONE NUMBER: 407-589-0790 or 407-388-5501 DATE OF BURN: FROM 0&/0t/96 TO 07/01/96 ~arbor Polar Subdivision LOCATION OF BURN: i UNDERSTAND THAT A FIRE PERMIT IS REQUIRED PURSUANT TO SECTION ~42~48(b) OF THE CITY CODE OF ORDINANCES, AND HAVE- BEEN GIVEN A COPY OF SAID ORDINANCE 8Y THE COMMUNITY DEVELOPMENT DEPARTMESk~--. OFFICIAL USE ONLY APPROVED BY: FIRE CHIEF BUILDING OFFICIAL VARIANCE REQUIRED: YES t/ NO CC: CHIEF OF POLICE DATE DATE § 42-47 SEBASTL,~N CODE Sec. 42-47. Life Safety Code adopted. There is hereby adopted the 1985 edition of ~he Life Safe~7 Code. NFPA 101, as ~ublished ~y the National Fire Protection .~socia~ion. One copy is on .~le in ;he city clerk's o£~5ce. State law reference--Life Safety Code to be adopted, F.S. § 633.025. Sec. 42-48. Outdoor fires. (a) Residen~i burning and o~her smatl fires. (11 Camp£n~es, warming ~kes for outdoor workers, fires for noncommerciM cooing, ~d sm~ F~es for ceremoniM pu~oses ~e ~owed ~here wi~hou~ ~y pe~i: from ~y ~vemmen~ body pro~d~ ~ha; ~he f~e does no~ crea;e excessive smoke, or ~uae a nuis~ce m ~y m~er. (2) Sm~ household ~h ~d household paper produc~ ~a ~e prohibi~d. ~) ~ cie~ng ~es. Wood ~d ve~m~on p~ up d~g a l~d de~g open,on may be b~ pro~d~ ~ of ~he fo~o~ ~n~o~ ~e complied ~: (1) ~e ~ sh~ be a~ i~r 1,000 f~ ~m ~e ne~s~ oc~pied b~g ~d at le~ 150 fee~ f~m the ne~es~ pubic ro~; (2) The p~es of magenta ~o be b~ s~ b~ ou~ completely one ho~ before sunset; (3) ~e ~e sh~ no= be s~ before 9:00 ~m.; Smoke sh~ no= blow over a m~ ~o obs~m ve~ ~c; (5) ~ ~c sh~ no~ be obs~m~; ~d (6) P~or au~ho~za~ion sh~l be ob~ed from ~he ~sion of forest~, [he chief of the dep~enc ~d ~e m~ b~g offi~M. (ct Prohibited fires. ~e bu~mg olives, o~her ~bber mateh~$, rooting ma~enMs, ~d creosoted wood ~e pro~bit~. (d) Cancel~on offi~s. :~y police officer or code enforcemen~ officer of the ~ may order ;he t~e~a~e te~na~on of ~y outdoor F~ ~hin the ci~ 5mi~$ if wes[her ¢on~tions ch~, whereby a F~e may co,circe a d~r of ~d F~e, ~r poilu[ion, or o[h~ ams~ce. (e) Valances. A v~ce to ~he promsions of this sec=ion may be ~ced by ;he council ~n speciM h~dship c~es promded ;he follo~ng con~tions ~e me;: (1) Pnor pension sh~ have b~n ~=~ by ~he division of ~ores[~, chief o[ ~he are dep~men[ ~d ~he buH~ng officiM ha~ng juris~cdon; ~d (2) A ~en reques~ ~or such F~e sh~ have been submitted ~o the ¢i~ clerk s~[h requ~ed pe~ssions ~ ou~hn~ in subsemion (e)(l) o~ t~s semion for placemen~ on ~he ciW council agenda ~or ~o~M amion. Such reques~ sh~ con~n ~he n~e of the person reques~in~ ~he F~e, ~he oiace ~d desc~p[ion of ;he proposed 5re, ~ estimate o~ the size and expcc=ed duration of the F~e ~d assurance ;ha~ ;he proposed Mre shail PP- ~o. ~ CD42:4 FIRE PREVENTION AND PROTECTION § 42-48 rnee: ail requirements of the Nar/onal Ff.re Prevention Code. The applicant shall also explain in de,ail the alleged need for a variance and the measures that will be taken to ensure that ~e fire will not produce smoke, embers, heat or other byproduc:s ~o ~he ex:en~ :ha: there will be a nuisance or undue annoyance lo any nearby occupied real property. .~my variance grsnted by :he city council shall require an a£ffrma~ive vote o£ three city council members ~ter a finding :ha~ a hardship would be created without the granting of ~he vari. anco. Variances are :o be issued only on .,'are cases based on special hardship £or large iand areas which are remo~e in physical proximity to ether lands occupied by persons or domestic animals. The gran= or denial of a variance shall be Final. (Code !980, § 11-19) Cross reference-S~.reets, sidewalks and ocher public places, ch. 90. CD42:5 COLLIER WATERWAY i 0 z 0 0 Indian River County Board of County Commissioners Department of Emergency Services t840 :Sth Street. Veto 3each. Ftor~da 32960 March 27, 1996 George Bonacci, Building Official City of Sebastian 1225 Main Street Sebastian, Fl. 32958 RE: Burn permit application for Harbor Point subdivision Dear Mr. Bonacci, A site inspec%ion has been conducted at the above location by the Bureau Chief of our Fire Prevention Bureau to determine if the land clearing debris could be satisfactorily burned. I would agree to signing this permit providing that the applicant be required to obtain an additional permit from our Fire Prevention Bureau to insure that they meet the minimum guidelines required of any o~her person burning for land development purposes in indian River County. The guidelines and services from our Bureau would include; t) 2) 3) 5) 7) Required use of an air curtain incinerator. Initial site inspections of the burn pit and the incinerator prior to start-up. Limitation of debris pile sizes. Establishing wind direction and speed limitations for burning. Require dally contact of Fire Dept. for permission to burn. Weekly inspection by a Fire Inspector of the site. Handling of complaints. If the Bureau receives six (6) valid complaints of smoke, the permit would be revoked and the remaining debris would have to be hauled or chipped. Residents throughout our county have reached a level of "zero tolerance" when it comes to smoke in their neighborhoods. While these requirements may seem extensive, please understand that we deal with these type of o9erations on a daily basis and have developed this process based on State guidelines and previous problems encountered with on-site burning. Division of Division of Division of :_mergency Medical ,Animal Control Fire Services Services ~67-8000 562-2028 367-8000 Ext. 446 Ext. 21'7 SUNCOM 224-1444 FAX (407) 567-9323 Oivision of Emergency Manageme~y'''--~' 567-8000 /' , Ext. I trust that our offices can work together on this to insure safety and reduce the public nuisance of smoke so common to this type of operation. If you have any questions or require any additional information, please contact me directly or Bureau chief Dan Dietz. Fire chief Indian River County Fire Division cc: D~niel Dietz, Bureau chief Florida Department of Agriculture & Consumer Services BOB CR3.WFORD. Commissioner The Capitol . Tallahassee. FL 32399-0800 F'P,rB UqR.NZNG April II. 1996 Mr. George Bonacci Building Official City of Sebastian 1225 Main Street Sebastian, FL..32958 Dear Mr. Bonacci: On April 10, [ conducted a site inspection ~br Harbor Point subdivision. The purpose of the inspection was to determine if rte [and clearing debris could be burned on site. The Division of Forestry would issue a burning authorization if the City ~ants this site a variance from their Burning Ordinance. In the City's Ordinance, the Division of Forestry would issue rte daily authorization a~er the City Clerk issues a permit. Recently the Fire District started issuing all burning permits tbr landctearing east ofi-95 except the City of Sebastian, Town of Indian Pdver Shores, and rte City of Orchid Island. The Division of Forestry still issues all burning authorizations east ofi-95 for agr/cuiture, silviculture, and the two cities. -the Town of Indian River Shores bsue their own permits. if the City wants the Indian River County Fire District to issue the dally burning authorizations, the Division of Forestry ,,vill comply. If the City Council grants the request for Harbor Point's variance, the following condkions will be required of the contractor conducting rte bum; .3) The required use of an air curtain incinerator. A site inspection of rte air curtain incinerator setup and bum pit before issuance of rte imrial authorization. A burning authorization is issued rbr one day only and would require renewal by ~k. George Bonacci April 11, 1996 Page 2 4) 6) 7) 8) the contractor each day they wanted to bum. If a valid smoke complaint is received, the contractor must e~inguish the fire. The bum must be "extinguished" one hour before sunset. When a new bum pit is constructed, the contractor will notify the Division, and a site inspection will be conducted before renewing the bum authorization. ~ght time phone numbers of the contractor, in case problems associated w/th the bum occur. EF the Division of Forestry receives too many valid complaints, the contractor should dispose of the remaining debris either by chipping or hauling it off the site. When the City Council addresses tiffs issue, please keep me informed of the outcome. The Division of Forestry. has worked well with the City and we will continue to work together to serve the citizens of Sebastian. r_f you require any additional information, please let me know. SINCERELY BOB CRAWFORD COMMISSIONER OF AGRICLrLTURE Forest Area Supervisor Indian River 8r St. Lucie Co. (407) 778-5085 pc: John King, Century 21 Kealty King Jim Rath, District Manager, Okeechobee Florida Administrative Code Chapte~pen Burning and Frost Protection Fires In accordance with an interagency agreement between the Department of Environmental Regulalion and the Department of Agriculture and Consumer Services dated October 1, 1981, the Department of Agriculture and Con- sumer Services assumed the duty and authority to imple- ment the following sc;.,ions of Chapter 17-256, Florida Administrative Code, "Open Burning and Frost Protection Fires". 17-256.200 Definitions The following wordq, phrases, or terms when used in this chapter shall, unless the content otherwise indicates, have the following meanings: (1) "Air curtain incineratoff' is a portable or stationary combustion device that directs a plane of high velocity fomed draft air through a manifold head into a pit with vertical wails in such a manner as to maintain a curtain of air over thc surface of thc pit and a recirculating motion of air under the curtain. An air curtain incinerator is controlled burning as defined in Florida Administrative Code Rule I% 7.02(15). (2) ",Mr pollution" is the presence in the outdoor atmosphere of the state of any one or more sub- stances or contaminants in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. (.3) "Air pollution episode" is any occurrence of ele- vated Ievets of pollutants in the atmosphere which require hasty and unusual abatement action. (4) "Approved fuct" shall mcan fuel approved by thc Department to emit or release a minimum of pollut- ants when burned. (5) "Clean dry wood" means wood (including lighter pine), lumber or tree and shrub a'unks, branches, and limbs which is free of paint, penthachlorophcnol, creosote, tar, asphalt, or other wood preservatives and which when burned does not emit excessive visible emissions. (6) "Department"is theDepartmentofEnvimnmentat Regulation. (7) "Department air stagnation advisory" is a tempo- vary prohibition of open burning activities by the Department that is based upon aDepartment forecast of a stagnant atmospheric meteorological condition that does not allow the dispersion of air pollutants. (8) "Excessive visible emissions" are air pollutants emitted in such quantity as to obscure an observer's 15 view to a deErce equal to or ~eater than number two (or a0% opacity) on the Ringelmann Smoke Chart as published in the U.S. Bureau of Mines Information Circular No. 7718. (9) "Extinguished" means thc absence of any visible flames, smoke or emissions. (10)"Forced draft" is an adequate current of air, blown or forced by a fan or other mechanical means, which is directed or arranged in relation to the open burning in such a manner as to increase thc temperature of the fire and to reduce or minimize the resultant pollu- tion. (11)"Garbage" means ail kimhen and table food waste, animal or vegetahve waste ~at is attendant with or results from the storage, packaging, preparation, cooking or handling of food materials. (12)"Group I containers" means combustible contain- ers which formerly contained organic or metallo- organic pesticides, except organic mercury, lead, cadmium, or arsenic compounds. (13) "Land clearing debris" is uprooted or cleared vegetation resulting from a land clearing opexation and does not include yard trash. (14) "Land clearing operation" means the uprooting or clearing of vegetation in connection with construc- tion for buildings, rights-of-way, residential, com- mercial, or industrial development, or the initial clearin g of vegetation to enhance property value; but does not include the maintenance burning of yard trash resulting from fallen limbs, branches, or leaves, or any other routine property cle, an-up activities. (15) "National Weather Service air stagnation advi- sory'' is an advisory issued by the National Weather Servic~ to caution local and regional agencies of meteorological conditions which are conduciv~ to poor dispersion and that are expected to persist for at least _36 hours. (I6) "Non-rural land clearing" is any land clearing operation that is conducted in urban or residential areas, incorporated or unincorporated cities or towns, or in any non-rural area as designated by the Depart- ment and shall not include any land clearing opera- tion that is associated with country, livestock or wi th agricultural activities. (17) "Nuisance" means any open burning activity which is potentially harmful or injurious to human health or property or which is annoying or offensive to occu- pants of three or more occupied residences, (18) "Open burning" means the burning of any matter in such a manner that thc products of combustiop,/ ''', Chapter 17-256 Open Burning and Frost Protection Fires resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney. (19) "Open field" means any location in a well venti- lated cleared area that is at least 200 feet in ail directions from any wooded area or occupied building(s), and 100 feet from any public mad. (20) "Outdoor heating device" means any apparatus, machine, equipment, or other contrivance in which is burned any type of fuel capable of producing air pollution, used outdoors for the purposes of giving protection from cold or frost. (21) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, re- petling, or mitigating any insects, rodents, nema- todes, fungi, woods, or other forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the Depamnent of Agriculture and Consumer Services shall dectam to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. (22) "Residential land clearing" is a land clearing op~ eration that is conducted by the homeowner or an individual contracted by the homeowner of an exist- lng~ residential dwelling of not mom than two family units for the purpose of initially clearing vegetation on the property. Note: The Department's intent waa to say 'proposed' ~sidenrial dwelling rather ~hau 'e.x~ri-g'; therefore. ~roposed' will be the interpretation used by the Division of Forestry. (23) "Sunset" is official sunsct as scl forth by the U.S. Naval Ol~servatory (tables am available at tional Weather Service offices). (24)'q'rash" means construction or demolition debris, and other debris such as pa?-r, cardboard, cloth. glass, su'~t sweepings, vehicle tires and other like matter. (25) "Waste pesticide container" means any contain- ers made of combustible materials, including but not limited to paper, plastic, or burlap, which formerly contained pesticides and which the manufacturer or formulator provided as an end user conveyance for thc specified product. (26)"Yard trash", means vegetative matter resulting from landscaping and yard maintenance opera- tions and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, re:es and tree stumps. 17-256...300 Prohibitions (I) Any open burning aot specifically allowed by this chapter.~_~:~.yc.~Florida Adminisa-ative Code Rule ~-2 is prohibited. No person shall ignite, cause to be ignited, permit to be ignited, suffer, allow, burn, conduct or main- tain any prohibited open burning. The Division of Forestry or any authorized fire control agency empowered by taw or ordinance to extinguish unlawful burning may extinguish or cause to be extinguished, any fire that is unauthorized or does not comply with this rule. Any person responsible for unlawful open burning shall bear any applicable costs involved in extinguishing the fire.. (2) No person shall use or operate any outdoor heating device or burn any unapproved fucl for cold or frost protection except as provided in this chapter. (3) The open burning of tires, rubber material, Bunker C residual oil, asphalt, roofing material, tar, railroad cross ties, other creosoted lumber, plastics, garbage, or trash other than yard u-a.sh and household paper producm is prohibited. Open burning of yard trash and household paper products is prohibited except as provided in Florida Administrative Code Rule 17-256.700(1). Open burning of waste pesticide containers is prohibited except as pro- vided in Florida Administrative Code Rule 17-256.700(6). (,*) Any open burning that is allowed by this Chapter such as the burning of waste pesticide containers, yard trash, and land cleuring debris is restricted to thc site where the material was generated and may not be u'ansported to another property to be open burned, with the following exceptions: (a) Land clearing dcbris that is generated by thc cam- mere/al land clearing activities of a person may bc transported offsite to be burned by an Air Curtain Lncineramr that is owned or operated by that per- son and without a Florida Administrative Code Rule 17-2 air pollution permit provided that it: [I] Will bc transported to property that is owned or teased by the person who generated the land cle~'ing debris, and [2] Meets a setback distance of 300 feet from occupied buildings for air curtain incinerators with vertical refractory, lined walls and with forced underdraft air, or [3] Meets a setback distance of l,O00 feet from occupied buildings for all other air curtain incinerators. (b) Land clearing debris generated from the activities of one or more persons may be transported offsite to be burned by an air curtain incinerator with an appropriate Department air pollution permit. (5) Open burning within one thousand (11300) feet of any active runway ora Department o fTranspormtion approved public airport is prohibited. The Division o£Forestry or any fire control agency authorized by law or ordinance to extinguish unlawful burning may extinguish or cause to be 16 Chapter 17-256 Open Burning and Frost Protection Fires extinguished, any open burning thetis within one thousand (c) The open burning is ignited after 9:00 a.m. and is (1000) feet of an active airport runway that reduces or potentially reduces visibility at the airport. (6) Open burning in particulate and ozone None::a/n- merit Areas or in the area of influence as defined in Florida Administrative Code Rule 17-2 may be temporarily sus- pended when the Department determines that ambient air concentrations of to:a/suspended particulate or ozone may near or exceed the primary or secondary standards for these pollutants. (~ Ho open burningmay beconducteddur/ngaNationa/ Weather Service Air Stagnation Advisory, a Department Air Stagnation Advisory, an Air Pollution//pisode, or if the Division of Forestry determines that weather conditions are unfavorable for safe burning. (8) Open burning which reduces visibility on public roadways to less than one thousand (1000) feet is prohib- ited. (9) Nothing in this Chapter may be construed to allow open burning which violates other taws, rules, regulations, or ordinances. 17-2,56.400 Agricnltnral and Silvicultnral Fires Pursuant to Section 8 of the Florida Environmental organization Acc Chapter 75-22., Laws of Florida. 1975, this section has been transferred to the State of Florida Department of Agriculture and Consumer Services, Divi- sion of Forestry. See Chapter 5I-2, Florida Administrative Code. 17-256.500 Land Clearing (non-cllral) The following rules apply m non-ruralland clearing open burning: (1) Open burning of wooden materia/or vegetation gen- erated by a land clearing operation (except for agricultural. silvicultural. 0r forestry operations) or ~he demolition of a su'ucture is allowed provided that all the following con- dS:ions are met: (a) The open burning meets one of the following setback requirements: [1] Three hundred (200) feet or mom away from any occupied building for residential land clearing, or [21 Three hundred (300) feet or mom away from any occupied building if an air curtain incin- erator is used, or [3] One thousand (1,000) feet ormom away from any occupied building if an air curtain incin- erator is not used. (b) The open burning is set back one hundred feet or mom away from any public highway or road and the prevailing winds dime: the smoke away from thc p. ublic highway or road. 1'/ extinguished one hour before sunset. (d) Thc open burning is attended at all times. (e) The open burning author/zed herein is not in- tended to relieve any person from complying with any other applicable laws, rules, or ordinances, including Chapter 590, Florida Statutes, and rules of the Division of Forestry. (0 Thc piles of materials to be burned shall be of such size that thc burning will be completed within thc designated time given in paragraph 17- ~6.$00(1)(c). Restrictions of the size and number of piles may be imposed by the appropriate local fire control authorities. (g) The moisture content and composition of the material to be burned shall be favorable to good burning which will minimize air pollution. Wet or ,qeen vegetative materials shall not be burned. (h) The starter fuel and materials to be ignited shall not emit excessive visible emissions when burned. Tires or otherprohibited materials listed in Florida Administrative Code Rule 17-2~6.300 shall not be used as starter fuel. (i) The amount of dirt in a land cteann§ open burning operation shall be minimized to enhance combus- tion and reduce emissions. (j) Prior to open burning for the demolition of a structure, all insulation, electrical wir/ng, lino- leum, carpeting, roofing material such as tm'paper and asphalt shingles, or other excessive smoke producing or potentially air toxic material shall be removed. (2) The use of air curta/n incinerators is allowed for the combustion of land clearing debris. No Department per- mits are required for air curtain incinerators that are de- signed and used a~ portable units and that will not operate on any one site for more than six month~ in any yemr. Pr/or authorization to use a portable air curtain incinerator m. us: be obtained from the Division of Forestry and where necessary, the local fire control authority, air curtain inc/n- erator~ may operate a~ portable unit~ provided that the following conditions am met: (a) Pit width, length, and side walls shall be properly maintained so that the combus~on of the waste wi~'t/n the pit will be ma/nta/ned a: an adequate temperature and with sufficient a/r recirculation to previde enough residence time and mixing for complete combustion and control of emissions. Pit width shall not exceed twelve (12) feet, and verti- cal side walls she/1 be ma/ntained. (b) ~Io waste may be positioned to be burned above the level of the air curtain in the pit. (c) The types of materials to be burned are restricted Chapter 1%256 Open Burning and Frost Protection Fires to land clearing debris. The Department may ap- prove requests for the burning of other similar types of wastes such as clean dry wood on a case- by-case basis. (d) ~=xcesmve visible emissions are ~ot allowed ex- cept for a period of up co .30 minutes during startups, shutdowns and temporary malfunctions, as those terms are defined in Chapter 17-2 Florida Admini~wative Code. (3) Air curtain incinerators that ar~ intended to be sta- tionary units, i.e. continuously operate at one site for more than six months, or operate at any Department-permitted landfill, must obtain a Department air pollution permit pursuant rn Florida Administrative Code Rule I7-2. (4.) If the open burning resulting from a land clearing operaziOn is creating a nuisance, or if changing weather or amaospheric conditions create a real or potential fire safeqt or air pollution problem, the Department may suspend or defer open burning until conditions change. (5) Exceptions to the setback requirements shall be granted by the Department if the applicant obtains a signed affida- vit from every affected resident within the setback area that waives his objections to the open burning associated with the land clearing operation. Affidavits must be received by the Department 48 hours in advance of the burning. (6) Not withsumding the provisions of Florida Adminis- trative Code Rules iT-256.-q00(4)(a)2, 17-256.500 (1)(a)2 and 17-256.500(1).(c), refractory-lined air curtain incin- erators with forced underdraft air may commence burning a~ sunrise and may be charged until sunset, provided they ma/ntain a setback distance of 1000 feet from °Ccupied building located off-site and do not create a nuisance. During such rimes as thc air curtain incinerator is not in operation, public access to the air curtain incinerator shall be re, sm/ct, ed. 17-15&700 Open Burning Allowed (!) Open burning to reduce yard trash and-household paper products generated on occupied residential premises of no[ more than two family units is allowed in ozone attainment areas as specified in Florida Administrative Cede Rule 17-2 without Department authorization pro- vialed that ail of the following conditions are met: (a) The open burning does not produce smoke, soot. odors, visible en~ssions, heat. flame, mdiatlon, or omer conditions to such a degree as to create a nuisance,, (b) The open burning is one hundred (100) feet or more from any occupied building other than that owned or leased by the individual doing the burn- ing and fifty (50) feet or more from any public highway or road and is ignited after 9:00 a.m. and is extinguished one hour before sunset providing smoke will be allowed over any adjacent residence or over the road that would cause a nuisance. These setback requirements apply in counties that are not specifically listed in 17-256.700(1)(c). (c) The open burning is ti'ri'ce hundred (300) feet or more from any occupied building other than that owned or leased by the individual doing the burn- ing and one hundred (100) feet or more from any public highway or mad and is ignited after 9:00 a.m. and is extinguished one hour before sunset providing that no visible smoke will be allowed over any adjacent residence or over thc road that would cause a nuisance. The requirements in this section apply in thc following counties: Dade, Brevard, Broward, Pinellas, Hillsborough, Palm Beach, Duval, Orange, Polk, Volusia. Escambia, Lee, Sarasota, Pasco, Seminole, Alachtm, Mana~-'e` Leon, Marion, Okaloosa, Lake, Bay, St_ Lacie and Collier. (d) The open burning is fifty (50) feet or more from any residcnce on the properW where thc burning is being conducted. (e) The open burning is atmnded and adequate fire extinguishing equipment is readily available at all times. (f) The moisture content and composition ofmalerial to be be burned shall be favorable to good burning which will minimize air pollution. Green or wet materials may not be burned. (g) The open burning is. not prohibited by any local, county, municipal, or other governmental rule, regul~on, law, or ordinance. (h) The open burning is enclosed in a noncombustible containeror ground excavation covered by a metal mesh or grill, and is set back at least 25 feet fi:om any woodlands, forest, or brush. (2) Open burning to reduce yard ~ash generated on occupied re, sidenfiai premises of not more than two family unius in areas that are desigualed as non-attainment or maintenance areas for ozone: as defined in Florida Ad- ministrative Code Rule 17-2 is allowed if a municipal, county or commexcial solid waste collection service for yard trash is not available on a periodic basis of at least once a week. The open burning must comply with ail the conditions contained in Florida Administrative Code 17- 256.700(I), and prior authorization must be obtained from the Department or the authorized local fire control agency. : Not~: Counties designated -- Broward, Dade, Dural. Hillsborough, Orange, Palm Beach and Pinellas Count/es. (3) A camp fire, bonfire or other fire will be allowed that is used solely for recreational purposes, for ceremonial occasions, for outdoor non-commercial preparation of food, or on cold days for wanning of outdoor workem, as 18 I I I I i I I I I i I I I i I I I Chapter 17-256 Open Burning and Frost Protection Fires long as excessive visible emissions ara not emitted. (4) Open burning for the flaring of waste gases is allowed for reasons of safety, as long as excessive visible emissions are not emitted. (5) Open burning is allowed for the instruction and training of organized fire fighters or industrial employees under the supervision of the appropriate public fire control official provided that: (a) The burning activities are for the sole purpose of fire suppression'training for non-hazardous liquid fires such as gasoline, jet fuel, etc. and for struc- tural fires. All materials that ~ determined to be potentially toxic by the appropriate fire control authority shall be removed from a smacmre prior to burning. (b) The Division of Forestry, the Department, and local fire control officials am notified in advance of the time and place of the burning exercise. (6) Subject to all of the following conditions, wasted pesticide containers may be burned in open fields by the owner of the crops, the owner's authorized employee or caretaker, or by commercial pesticide applicators hired by the owner or caretaker. (a) Plastic containers must be the original container provided by the pesticide manufacturer or formu- lator as end user conveyance for the specific prod- uct, and not reused containers designed for other products. (b) Containers must be classified as Group [ Contain- ers and bear label instructions stating that small quantities ofthe~:ontainers may be burned in open fields by the user of the pesticide when such open burning is permitted by stem and local regulations. (c) The_ quantity of containers to be burned each day per 'parcel a'eated shall not ~xcea~d the amount accumulated during one day' s use of pesticide. No more than 500 pounds of pesticide containers shall be burned ~ day at any specific location. If more than one fn~ is to be set in any area each specific burning location shall be at lea~t 1,000 yards f:wm each other location at which burning will occur concurmndy. (d) Al! Group l Conmincrs wMch are to be disposed of by ot~n burning shall be completely empty and free of residual matmial pursuant to the following criteria: [ 11 Plastic containers including inner liners shall be triple rinsed with the same kind of solvent used to dilum the spray mixture in the field. The rinse liquids from the containers shall be added to the spray mixture in the field. [2] Pa~er containers shall be ~mpfied by a final siaaking andtapping of the sides and bottom to remove clinging particles. All loosened par- ticles shall be added to the spray mixture or application in the field. (e) The open burning shall meet the following condi- tions: [1] The open burning does not produce smoke, soot. odor~, visible emissions, hear~ flame, radiation, or other conditions to such a degree as to create a nuisance. [21 The open burning is two hundred (200) feet or more away from any farm workers or occupied buildings and is one hundred (1t30) feet or more away from any public road. [3] The fire is ignited after 9:(}0 mm. and is extin- guished one hour before sunset of [he same day. [4] The pa~on responsible for the burning is in attendance at an upwind location from the tim for the entir~ period of the bum (until all flame and smoke have dissipated). [51 The open burning is enclosed in a noncombtm- tible container or ~ound excavation covered by a metal grill. [6] Nothing herein shall relieve any person from complying with any other applicable laws, rules and ordinances, including Chapter 590, Ftolsda Statutes, and rules of the Division of Fore.mT. The Florida Fore~try Arson Alea~ AssOaation is a non- profit organization formed in 1986. C:ealed to be a vehicle for supplying information to the puhlic about woods arson, ae Association also funds and dismbut~s rewards for information about incidents of this senseless crime.. You are invited, as an individual or as an organi- zalion, to join in this effor~ -- conti~utioas may be made in cash or by ~e~ threugh any Florida Division of Forestry office, or direly to: Florida Fores~r~ Arson Alert Association Florida Division of Forestry Fire Control Bureau Tallahassee, Florida 32399-1.650 ARSON HotLine 19 Index of Florida Statutes and Florida Administrative Code -- 1990 -- Florida Stat-utes {Excerpted] Clmpter 589 Forestry Duties of Division $89.04 i Chapter ~90 Foist Proration Powe~ of ~e Di~on 590.02 Con~l B~g of ~Id l~d 590.025 2 ~es~d b~-~ req~men~: ~W 590.026 3 ~ad ~ews m e~sh fi~s 590.05 3 R~es for road ~ews ~90.06 3 ~f~ of ~ad ~e~ 5~.07 3 U~a~ b~ ofl~& 590.08 3 Eme~en~ ~ht con~o~ 590.08~ 3 ~~ ~e ~d ~90.082 4 Se~ ~e on ~gh~f-way 590.09 4 ~ad ~ ~d ~ 590.091 4 Dispos~ of ~ghmd ~, e~ 5~,10 4 C~p ~s ~90A1 4 Ci~ ~ab~ 590.13 5 Pe~es 590.14 ~w~ 5~.16 5 Pe~W for preven~ng or obs~g ~s~enr of~o& ~z 590.2~ 5 Pe~ for deicing ~ ~90.27 5 ~ M~cio~ b~g of l~& ~90.28 5 ~eg~ possession, gl ~cen~ de~ce 590~29 5 P~ez for ~ola~ng S~ 590.28, ~d ~90.29 ~90.30 6 Chapte.r 823 l~bHc Nuisance Building bonfires 823.02 6 Disposal of dead animals 823.041 6 Disposal of mulch plastic 823.145 6 Chapter 877 M~sceHaneous Crimes F-mlure to e, ontrol or repor~ dangerous £~re 877.15 Chapter 403 Environmental Control Flor/da litter law 403.413 7 Florida Admimstr~tive Code {Excerpted} Chapter 5I-2 Rural Open Burning Definitions Agricultural and silvicultural fires Prescribed burning;, Burn Manager Cer~fica~on Rural land clearing 51-2.03 7 5I-2.06 8 51-24061 8 5I-2.07 9 Chapter 51-3 Railroad Rights-of-way Defmit-%ns 5I-3.03 9 Right-of-way maintenance 5I-3.05 9 Penalty 5I-3.06 10 Chapter~'[~'JB=Open Burning and Frost Protec- ~on Fires Definitions 1%256.200 I0 Prohibitions 17-256.300 !! Agr/cuitural and silvic~tural fires I7-2§6.400 12 Land clearing (non-rural) 17-256.500 12 Open burning allowed 17-256.700 13 Florida Department of Agziculture and Consumer Services BOB CRAWFORD, Commissioner Division of Forestry City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 10, 1996 - 7:05 P.M. CITY COUNC1L CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberattDn of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33) 1. Mayor Cartwright called the Regular Meeting at 7:05 p.m. 2. The Pledge of Allegiance was recited. No one was available for revocation. City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. R/chard Taracka City Manager, Thomas Frame City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Zoning Technician, Jan King Regular City Council Meeting April 10, 1996 Page Two 4 AGENDA MODIFICATIONS (ADDITIONS ANI)/OR DELETION~q) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 96.O63 Proclamation - Confederate Histo~ Month - April - Sons of Confederate Veterans & United Dau~mhters of Confedera ~c3c: Commander Fred Mensing Accepline~ Mayor Cartwfight read and presented the proclamation to Fred Mensing and other members of Sons of Confederate Veterans and United Daughters of Confederacy. 96.064 Proclamation - March for Parks Weekend - Friends of St. Sebastian PAver - April 20. 1996 - Tim Glover. President Accepting, Mayor Cartwright read and presented the proclamation to George Schum. 96.065 Fair Housing Month and American Home Week - Realtors .Association of Indian PAver County_ - Aoril and Aoril 21~27, 1996 Chuck Emory Accepting Mayor Caxtwright read and presented the proclamation to Chuck Emory. 2 Regular City Council Meeting April 10, 1996 Page Three 7. O~UASI-JUDICIAL PUBLIC HEARING. FINAL ACTION 96.026A RESOLUTION NO. R-96~3 - Sebastian Lakes - Amendment to Development Agreement - Continuation of 3/27/96 Hearing (City Manager Transmittal 3/7/96, Proposed R-96-23, Agreement, Location Map, City Manager Letter to Howse) A RESOLUTION OF THE CITY OF SEBASTIAN, INDL&N RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR. AND CiTY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGKEEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSI-II~P ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLOP.IDA DEPARTMENT OF COMMUNITY AFFAJ]LS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; A_ND PROVIDING FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st Heating 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96, 3/27/96 Hearing Continued to 4/10/96, Readvertised ¢/3/96, Hearing 4/1/96) Mayor Cartwri~t opened the quasi-judicial hearing at 7:15 p.m.; the City Attorney read Resolution No. R-96-23 by tide; and the City Clerk swore in all those who intended to offer testimony. No ex-parte communication was disclosed. The City Manager gave a brief presentation on the amendment to development agreement, stating that all problems have been resolved between the developers and utilities and that performance bond amounts have not yet been determined. Regular City Council Meeling April 10, 1996 Page Four The City Attomey recommended amendments to Sections 2 and 3 of the agreement as follows: Section 2: delete "of' before the blank lines and add "determined by the City Engineer to be sufficient to complete the Lennar Laconia Street improvements". Section 3: delete "of" before the blank lines and add "determined by City Engineer to be sufficient to complete all improvements called for by the approved PTC plans". The City Manager said the Public Works Director had recommended an alternate design for the intersection of Laconia and Roseland Road. Mayor Cam~ght recommended amendment to Resolution No. R-96-23 on page two Section 1 to change "PTC and Lermaf' to "Sebastian Lakes Associates". Ron Howse, engineer for the Wima Dixie project, concurred with the changes. Mayor Cartwright closed the public hearing at 7:23 p.m. MOTION by Bames/Halloran I'll make a motion to approve Resolution No. R-96-23 as amended. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARaR. IED 5-0 Mr. Howse said construction would take six to seven months. Regular City Council Meeting April 10, 1996 Page Five 96.066 B. RESOLUTION NO. R-96-25 - God's Little Acre - Minor Subdivision Plat (Community Development Transmittal 4/3/96, R-96-28, Application, Plat Under Separate Cover, P & Z Memo 2/16/96, Masteller Letter 2/13/96, Williams Memo 4/3/96, Map) A RESOLUTION OF TIlE CITY OF SEBASTIAN, IN-DIAN RIVER COUNTY, FLORIDA. PERTAINING TO THE ACCEPTANCE OF A MYNOR SUBDMSiON PLAT; ACCEPTING THE MINOR SUBDMSION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT F, SEBASTLAN HIGHLANDS UNIT 17, CONSISTYNG OF 3.13 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSFffP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, IND~ RTVER COUNTY, FLORIDA; AUTHOR2ZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO TH2E CLERK OF THE CIRCUIT COURT FOR INDIAN RTVER COUNTY, FLORIDA. FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the quasi-judicial public hearing at 7:25 p.m.; the City Attorney read Resolution No. R-96-28 by title only; and the City Clerk swore in all those who intended to offer testimony. Zoning Technician, Jan King, presented the request on behalf of staff. There was no ex-pane communication disclosed and no public input. Mayor Carrwright closed the hearing at 7:30 p.m. In response to Mrs. Damp, the Zomng Technic/an said U.S. Fish and Wildlife had released the subject property relative to scrub jays. In response to Mr. Taracka, the Zoning Teclmician said there is water service to the area but no plans to connect to sewer at this time. Regular City Council Meeting April 10, 1996 Page Six MOTION by Halloran/Damp I move to adopt Resolution No. R-96-28. ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye P.UBLIC F[EARING. FINAL ACTION 96.026B A. ORDINANCE NO. O-96-~9 - Sebastian Lakes Transfer and Vacation of Real Property - Continued fi:om 3/27/96 (City Manager Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse, Location Map) AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDLa2q RIVER COUNTY, FLORIDA, PROVIDiNG FOR THE VACATION OF CERTAIN REAL PROPERTY iN THE CiTY OF SEBASTIAN; AUTHOriNG THE TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY iN THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR TIlE REPEAL OF ORDiNANCES OR PARTS OF ORDiNANCES IN CONFLICT; PROVIDING FOR SEVERABtLITY; AND PROVIDiNG FOR AN EFFECTIVE DATE. (lst Reading 2/16/96, Advertised Legal 2/16/96, 2/28/96 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readvertised 3/18/96, Hearing 3/27/96, Readverfised 4/1/96, Hearing 4/10/96) Mayor Cartwright opened the public hearing at 7:32 p.m.; the City Attorney read Ordinance No. 0-96-09 by title and the City Manager gave a brief presentation. I Regular City Council Meeting April 10, 1996 Page Seven 96.067 Harry Thomas, 654 Balboa Street, Sebastian, inquired how this will affect the future four laning of Roseland Road from CR 512 to U.S. 1. Ron Howse explained the proposed design which will facilitate the transition. Mayor Cartwright closed the public hearing at 7:37 p.m. MOTION by Taracka/Barnes I move to adopt Ordinance 0-96-09. ROLL CALL: Mr. Halloran - aye ~vtr. Taracka - aye Mrs. Cam~ght - aye Mr. Baraes - aye Mrs. Damp - aye MOTION CARRIED CONSENT AGENDA All items on the consent agenda are considered to be 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. A. Approval of Minutes - 3/27/96 Regular Meeting Steven Woodworth - Request Use of Community Center - Wedding Reception - 4/20/96 - 3 pm to 11 pm - A/B - Security Pd (City Clerk Transmittal 4/2/96, Application) The City Manager read the consent agenda. 7 Regular City Council Meeting April 10, 1996 Page Eight MOTION by BamedCanwright I move for approval of the consent agenda. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 10. I?RESENTATIONS None. i 1. COMMITTEE REPORTS/RECOMMENDATIONS Vice Mayor Barnes reported on his attendance at the Treasure Coast Council of Local Governments meeting relative to the high speed rail timetable and lack of stop in Indian River County and proposed legislation on equity and taxation which will apparently not pass this year. 96.068 A. Construction Board Accept Resi~ation of Nicholas Messina (Communi~_ Development Transmittal 3/21/96. Messina Letter) MOTION by CartwrightJHalloran I'd like to move with regret we move to accept Mr. Messma's resignation. ROLL CALL: Mrs. Cartwhght Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka MOTION CARRIED 5-O - aye - aye - aye - aye i Regular City Council Meeting April 10, 1996 Page Nine 12. OLD BUSINESS None. 13. NEW BUSINESS 96.069 A. Gift to the Sebastian Golf Course from Edna Willey - Restroom Improvements (City_ Manager Transmittal 4/4/96. Oberbeck Letter The City Manager gave a brief explanation of how Mrs. Willey's offer to renovate the Golf Course restrooms came about and read his recommendation to "Recommend that the City accept the ~ as proposed by Mrs. Willey through Mr. Oberbeck's letter and that the City waiver any formal bidding requirements and to also waive any required building permit fees that would be applicable. Finally, that the City Manager be authorized to sign a letter of engagement between the City and Oberbeck and Associates, Inc., subject to approval of the City Attorney as to language contained therein". MOTION by Damp/Halloran So move. The City Attorney suggested adding "and waive payment and performance bond". Mrs. Damp and Mr. Halloran concurred. Mayor Cartwright requested the City Manager determine a monetary value for the renovation. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Ca,mardght - aye MOTION CARRIED 5-0 9 Regular City Council Meeting April 10, 1996 Page Ten 96.070 B. Purchase and Installation of Comt~uter Network System for Buildine Department - Waiver of Sealed Bid Procedure - State Contract -. Compaq - $10.051.50 (City Manager Transmittal 4/4/96. Exhibit The City Manager gave a brief explanation and discussed the use of state contracts in lieu of the bidding process. Sa/Neglia, 461 Georgia Boulevard, Sebastian inquired whether use of state contracts were always the cheapest way to go. The City Manager said purchasing procedures are being rewritten. TAPE I - SIDE II (7:51 p.m.) Following some further discussion, motion was made. MOTION by Bames/Halloran I move to approve item 96.070 for the purchase and installation of a computer network system for the Building Department and waiver of the sealed bid procedure. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 10 I I I I i I I I I I I I I I I I I Regular City Council Meeting April 10, 1996 Page Eleven 96.071 C. Purchase John Deere Tractor for Golf Course - Waiver of Sealed Bid Procedure - State Contract - $12.613.01 (Ci _ty Manager Transmitl:~ 4/4/96) The City'Manager said this purchase will be from the $50,000 budgeted for Golf Course equipment and that other equipment will be considered. MOTION by Damp/Taracka I recommend purchase be approved and sealed bid procedure be waived because the tractor's available through the Florida State contract, uriliving the piggyback form of cooperative purchasing for the Golf Course. R. OLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 96.O72 Purchase of Used Mower for Golf Course - Waiver of Sealed Bid. Procedure - $7.200100 (Ci _ty Manager Transmi~aJ 4/4/96. Ex/fibit A) The City Manager said this is a demo with a four to five year expectancy. MOTION by Damp/I-ialloran I recommend that the above mower be purchased as stated and that sealed bid procedures be waived as this is a one of a kind deal for the Golf Cou/'se. ROLL CALL: Mr. Taracka - aye Mrs, Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 ii Regular City Council Meeting April 10, 1996 Page Twelve 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Sal Neglia, 461 Georgia Boulevard, Sebastian, asked whether the City intends to use the prisoner work program in the future; inquired what "no thru tmcks" signs on Wave and Fleming and Wave and George mean; recommended that Council contact telephone careers to ascertain what services they can provide for better television; and said he was still committed to pay for the first Council auto shield. In response, the City Manager said he will be bringing an agreement to Council to utilize prisoners; will find out the intent of the signs; and will contact AT&T relative to the telecommumeafions act and what their future plans are. Mayor Cartwright asked Mr. Neglia to make up a design for the shields for Council to look at. Fred Winnmger, 106 Thunderbird Drive, Sebastian, said he was appalled at the construction of the Easy, Englar and Barber bikepaths; asked about the spraying of canals. In response, the Mayor asked the City Manager to check on the canal spraying system. The City Manager said contract management needs to be shored up m the City. Herbert Sturm, 549 Saunders Street, Sebastian, discussed government indifference; and expressed concern for problems he maintains exist with the Code Enforcement Board and Construction Board. John Silvio, 641 Crystal Mist, Sebastian, discussed problems with his neighbor. Larry Driver said "no thru tracks" ordinarily means over 26,000 pounds. TAPE II - SIDE I (8:38 p.m.) 12 Regular City Council Meeting April 10, 1996 Page Thirteen Mayor Cartwr/ght called recess from 8:40 p.m. to 8:45 p.m. All members were present. At this time, City Manager Matters was moved up on the agenda. 17. CITY MANAGER MATTERS The City Manager read a letter of appreciation from Golf Course members (see attached); read his report on the deter/oration of the Golf Course storage building (see attached) and said he would proceed to have it repaired; reported on Iris meeting with Pat Callahan and said he would have individual discussions with Council members to get input and dialogue with County Administrator Jim Chandler prior to scheduling any workshops on recreation. 16. CITY ATTORNEY MATTERS None. 15. CITY COUNCIL MATTERS A. Vice Mayor Walter .Barnes Vice Mayor Barnes asked whether the City could check on affiliations of churches for tax purposes and the City Manager advised that this would be a function of the County. B. Mrs. Norma Damn None. C. MrJRaymond Flalloran None. 13 Regular City Council Meeting April 10, 1996 Page Fourteen 18. D. Mr. R/chard Taracka Mr. Taracka said he had contacted Mark Schumann with the Sebastian Sun to try to alleviate the problem of multitudes of papers being thrown in driveways and swales. E. Mayor Louise Cartwri~t Mayor Cam'wright noted that John Hill had left stormwater brochures on the table and urged people to take them and read them; said the Lion's Club would like to have Chief Petty be the grand marshall for the 4th of July parade subsequent to his return; and reported that the County Commission had approved the purchase of 56 lots in Sebastian Highlands. She asked anyone who was contacted for purchase to notify Council or staff. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:05 p.m. Approved at the Meeting. , 1996, Regular City Council Louise R. Cam~ght Mayor Kathi3m M. O'Halloran, CMC/AAE City Clerk 14 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 MINUTES SEBASTiAN CITY COUNCIL SPECIAL MEETING SATURDAY, APRIL 13, 1996 - 9:00 A.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Special unless provided for in the meeting call (in accordance with R-95-33) Mayor Cartwdght called the Special Meeting to order at 9:00 a.m and stated its purpose was to interview City Attorney candidates. City_ Council Present: Mayor Louise Cart,might Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Hailoran Mr. Richard Taracka City Manager, Thomas Frame City Clerk,.Kathryn O'Halloran Human Resources, Wendy Widmann Deputy City Clerk, Sally Maio SPECIAL M-EETING ITEMS Mayor Cartwright said the interviews were scheduled for approximately 45 minutes each and suggested applicants be short listed to the top two or three after the interviews. Special City Council Meeting April 13, 1996 Page Two 96.013 A. CITY ATTORNEY INTERVIEWS I. Valerie Settles - 9:00 a.m. (Part Time Contract) Ms. Settles gave a brief history of her education and experience, stating her revised proposal was to be a part-time contract attorney. She then responded to questions from City Council. The interview ended at 9:36 a.m. and Mayor Canwdght called a recess. 2. John Krie~er. Jr. - 9:45 a.m. (In-House) Mr. Krieger gave a brief history of his education and experience and handed out a document supporting hiring him as an in-house attorney. TAPE I - SIDE II (9:58 p.m.) Mr. Krieger responded to questions from City Council. The interview ended at 10:27 p.m. and Mayor Cartwfight called a recess. 3. Kith Stringer- 10:45 a.m. (In-House) Mr. Stringer gave a brief history of his education and experience and then responded to questions from City Council. TAPE ri - SIDE I (11:00 a.m.) The interview continued and ended at 11:02 a.m. Mayor Camvright called a recess. Spec/al City Council Meeting April 13, 1996 Page Three 4. Jonathan Ferguson (Ferguson & Ferguson~t- 1 l:45a.m. (Contract) Mr. Ferguson gave a brief history ofkis education and experience and then responded to questions from City Council. TAPE ff - SIDE ff (Noon) The interview continued and ended at 12:05 p.m. Mayor Cartwright ca/led a recess. 5. Morris (Skip) Miller (Miller & Forbes. P.A.) - 12:15 p.m. (Contract) Mr. Miller gave a brief history of his education and experience and then responded to questions from City Council. The interview ended at 12:40 p.m. Mayor Cartwright called a recess. Mayor Cartwright reconvened the Special Meeting at 12:50 p.m. MOTION by CartwrighffHalloran I move that we add item 3B which is the selection of a City Attorney. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MO~ONCARRIEDS-0 B. Selection of City_ Attorney Discussion took place on the costs for an in-house attorney as opposed to using a contract attorney. Special City Council Meeting April 13, 1996 Page Four City Council members ranked their top three choices as follows: Mayor Cartwri_mht Rich Stringer Valerie Settles Jonathan Ferguson Valerie Settles Jonathan Ferguson P.ich Stringer Rich Stringer Valerie Settles Jonathan Ferguson Vice Mayor Barnes Valerie Settles Rich Stringer Jonathan Ferguson Valerie Settles Rich Stringer TAPE III - SIDE I (1:05 p.m.) Mayor Carrwr/ght requested the City Manager and City Clerk choices. Both agreed on either Rich Stringer or Valerie Serdes in ao particular order. 4 Special City Council Meeting April 13, 1996 Page Five Following further discussion on additional costs for an in-house attorney, Mr. Taracka and Mayor Cartwright amended their rank to place Valerie Settles as first and Rich Stringer as second. Discussion took place on Ms. Settles' suggested range and there was a consensus for approximately $40,000 to $50,000 as part-time depending on start up costs. Mayor Cartwright suggested rather than determining a figure at this meeting, the City Manager and Human Resources Director negotiate with Ms. Settles to determine exactly what she wants. The City Manager said he could bring back a figure to the next meeting and Mayor Cartwright suggested that perhaps a special meeting could be called prior to the regular meeting. Discussion took place on relocation expenses, and there was a general consensus that those expenses would not be offered at this time. MOTION by Cartwr/ght/Taracka I move that the Council selection m order is Valerie Settles, Rich Stringer and Ferguson and Ferguson and we authorize the City Manager and Human Resources Director to begin negotiations and do the appropriate background checks. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 Mayor Cartwright requested that the City Manager notify her if a special meeting is necessary. Being no further business, Mayor Cam, cfight adjourned the Special Meeting at 1:25 p.m. 5 Special City Council Meeting April 13, 1996 Page Six Approved at the Meeting. 1996, Regular City Council Louise R. Cartwfight Mayor Kathryn M. O'Hallor'an, CMC/AAE City Clerk 6 I City of Sebastsan 1225 MAIN STREET - SEBASTIAN. FLORIDA 32958 ~ rELE~'~ONE 1~071 589-S~0 :~ FAX /~0~t AGENDA TRANSMITTAL SUBJECT: Proposed Calendar for Fiscal Year 1996-1997 Agenda No. Dept. Origin: City M.._anager Date Submitted: 4/17/96 For Agenda off 4/24/96 Approval for Submittal by: Exhibits: Proposed Fiscal 96-97 Budget City Manager/~J,~J ec/9'~~endar I EXPEND YFURE REQUIRED: $0 AMOUNT BUDGETED: $0 ,APPROPRIATION REQUIllED: $0 i I I i i i I I SUMMARY STATEMENT The proposed calendar for fiscal year 1996-1997 outlines the date requirements for specific actions adhering to the TRIM provisions ofFS 200.65. There is one item that may require adjustment. We cannot conduct a formal budget hearing at the same time as the School Board or County Commission. Therefore, if we learn that the dates for our hearing (i.e.: September 4 and September 18) are in conflict~ we will adjust our date one (1) day. However, since this also requires the public hearing notice requirements of the TRIM provisions, we are really at the mercy of the School Board and County Commission. In the event there is a last minute change from either the School Board or County Commission, we will adjust accordingly and other scheduled meetings take second priority. RECOMMENDED ACTION Approve the proposed budget calendar for FY 1996-1997 DATE April 24 May 31 June 10-14 July 1 July 15 July 26 July 31 FISCAL 1996-1997 BUDGET CALENDAR DAY EVENT Wednesday Regular City Council Meeting Adopt Budget Calendar Friday Dept. Heads Present Budget Requests to City Manager and Finance Director Monday - Friday Department Budget Hearings with City Manager & Finance Director Monday County Property Appraiser Certifies Taxable Value within Jurisdiction of the city Monday City Manager Forwards Draft of 1996-1997 Budget to Mayor and Council Friday City Manager Advises Property Appraiser of: a) Proposed Millage Rate b) Current Year Rolled-Back rate and c) Day, Time & Place of First Public Hearing Wednesday City Council Workshop of Proposed Budget August 1 Thursday City Council Workshop of Proposed Budget (if required) August 16 Friday City Manager Forwards Tentative Budget to City Council September 4 September 14 September 18 September 20 Wednesday Saturday Wednesday Friday First Public Hearing - Budget. Council Adopts the Tentative Budget & Millage Rate Advertise Budget Summary, Millage Rate and Notice of Final Public Hearing in Newspaper Final Public Hearing - Budget. Adopt Millage Rate Resolution and Budget Resolution Finance Director Forwards Copies of Resolutions Adopting Budget and Millage Rate to Property Appraiser, Tax Collector & Dept. of Revenue I I i I i Tuesday New Budget Goes into Effect I I City of Sebastian 1225 MAIN STREf=T [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I i i i AGENDA FORM SUBJECT: Fourth of July Celebration: 1)Request closing of certain streets 2)Use of Community Center 3)Use of Yacht Club 3)Advent Balloon AGENDA NO. APPROVED FOR SUBMITTAL BY: Dept. Origin :~ Date Submitted: .April 10, 1996 For Agenda Of: __.~April 24, 1996 City Manager: ~~4 ~. ~~ Exhibits: v ] Ellis letters (4) Dated 4/10/96 i EX.PEND~ REQUIRED: AMOUNT BUDGETED: APPROPRIATION I I i i i I SUMMARY STATEMENT John Ellis of the Lions Club of Sebastian representing the Fourth of July Committee, has submitted a request for closing certain streets as outlined on Exhibit (1). Acting Chief David -¥uscher has no objection and will coordinate the road closings as a member of the Committee. Mr. Ellis has .also requested the use of the Community Center for a receiving area for parade participants (Exhibit 2) and the use of the Yacht Club for committee meetings (Exhibit 3). Historically, the use of these facilities have been granted for this celebration. Mr. Ellis is also requesting permission to install an advent balloon on the northwest corner of the park on July 2nd or 3rd wishing ail a happy 4th of July. The balloon will be dismantled on July 5 (Exhibit 4). A similar request has been granted for the past 5 years and there has been no objection by staff contingent upon receipt of a certificate of insurance. i I i Fourth of July Agenda Transmittal April 16, 1995 Page Two RECOMMENDED ACTION Move to approve the requests of John Ellis for closing of certain streets, use of the Yacht Club for certain dates and times and use of the Community Center for July 4th, 1996. Also move to approve the installation of the advent balloon. I I i I i I i I I I i i i I i I I I I i I I I i i I I I I i I I i John ELlis Lions Clu~ of Sebastian, 920 U.S.~I Su[:e G Sebastian, Florida 32958 APRIL tO, 1996 ~A¥OR LOUISE CARTWRIOHT SEBAST£.~ CITY COUNCIL 1225 ~AIN STREET SEBASTIAN, FL. 32958 DEAR MAYOR LOUISE CARTWRIGHT, tN R~SPONSE TO OUR CONVERSATION OF THE OTHER DAY, THE THREE TOPICS COVERED: A} THE LIONS CLUB OF SEBASTIAN, INC. WOULD BE PLEASED TO HAVE FORMER CHiEP'OF POLICE EARLE pETTY THE GRAND MARSHALL OF THE 4TH OF JULY PARADE WHEN HE RETURNS TO SEBASTIAN. B) WISH YOU AND THE COUNCIL THE BEST WITH THE ARRANGEMENTS YOU ALL MAY HAVE PRESENTING THE COUNCIL TO THE PEOPLE OF SEBASTIAN AT THE 4TH OF JULY PARADE, WE, SURE HOPE THE COUNCIL INVITES CiTY MCR.TOM FRAME TO JOIN THE GROUP, THIS WILL SHOW THE COMMUNITY A "FAMILY ATMOSPHERE"! IF YOU CHOOSE A FLOAT FOR THE GROUP ~ WILL GLADY PLACE THE UNIT DIRECTLY BEHIND THE GRAND MARSHALL. C) THE FOLLOWING STREETS ARE REQUESTED TO BE CLOSED: CLOSED ?:00AM TO 10;00PM l) FELLSNERE RD. FROM U.S,{1 TO INDIAN RIVER DR. (WILL BE USED FOR THOSE THAT PARTICIPATE IN THE PARADE SUCH AS ;'FLOATS, WAGONS, ETC. 2) HARRISON ST. AND CLEVELAND EXIT ONTO INDIAN RIVER DR. ( SAFETY FOR PEOPLE WALKING THE AREA FROM SEBASTIAN YACHT CLUE A~D THE PARK ACTIVITIES.) CLOSED 7:00A~ TO }2:00 (NOON) 2, S. / t) CNOiAN RIVER DR. FROM ~'{ufi;~. TO DAVIS ST. 2) DAVIS ST. TO 3) ~ADiSON ST. FROM N. CENTRAL TO ~) .JACKSON ST. FROM CENTRAL FI,:O){ IACKSON ST. TO U. ~..t- t if POSSIBLE CLOSE SEBA~T£.\N YACHT CLUB FROg .~:00Abl TO 920 U.S. Hwy. ~1 Suite O · Sebastian, Florida 32958 · (407) 589-9991 FOi~?~ TH ~ ~TIV~l~ 910 U.S. :[ STs~ G, SEBAST[AN~ C~TY couNcIL OF SEBASTIAN SEBASTIAN CO~MUN~TY CENTER t805 NORHT CENTRAL AVE. SEBASTIAN, FL. ~E ~OULD ARPRECIATE IF YOU GRANT PERMISSION TO ALLO~ THE ~TH OF JULY RARADE TO BE ORGANIZED ~ITHIN ~OUR PARKING LOT AND THEGENERAL AREA AREA.~RO~OTLY ~ ~ILLAT 8:30A~M.START OATHERING ABOUT ~:00A~ AND ~!LL LEAVE // ,//' /.~ JOHN ELLIS 407-388. 1738 020 U.S. ~wy. ~1, Suito G · Sebastian, FloriOa 32~58 · (407) Seba$:ian. Florida SEBASTIAN CITY COUNCIL !225 MAIN STREET SEBASTIAN, FL. 32958 YACHT CLUB. ~ DEAR CITY COUNCIL, THE ITH OF JULY COMMITTE RESPECTFULLY REQUEST USAGE OF THE YACHT CLUB ON THE FOLLOWING DATES AND TI~ES FOR OUR PLANNING ~EETINGS. APRIL 22ND APRIL 29TH ~AY 6TH MAY ISTH ~AY 20TH JUNE 3RD JUNE [0TH JUNE I~TH JUNE 2:TH JULY iST 6:00P~ TO 2:30PM 6:00PM TO 8:30PM 6:00PM TO 6:00PM TO S:30PM 6:00PM TO 8:30PM 6:00PM TO S:30P~ 6:00PN TO 2:30P~ 6:00PM T? $:00PM 6:00P~ TO S:39P~ 6:00P~I TO S:30PM $1NCERELYi ' /~../' ,'/''~ 920 U.S. Hwy. #1, Suite G · Sebastian. Ftorida 32958 · (407) 589-9991 .. -V SEBASTIAN CITY COUNCIL L22~ >IA[N STREET = ~ , FL. 3'29~g S ~BAS ~ [ AN SUBJECT:ADVENT BALLOON 4TN OF JULY, DEAR CITY COUNCIL, AS IN TNZ PAST 5 YEARS T~IR RAS BEEN ERECTED AN ADVENT BALLOON ON TN N.W. CORNER OF TR~ PARK ~ISSING ALL A ~APPY 4T~ OF JULY. INSTALLED [ S 'TO BE THANK R~QUEST. [/' /, .,~" .// ., ,~ / ~., ~ ~ , ,,/ i 9~0 U.S. Hwy. ~l, Suite ~ · Sebastian, FIo~lda ~9~8 · (~07) ~89-9991 City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 (407) 589-5330 FAX (40'7) 589-5570 TELEPHONE SUBJECT: INDIAN RIVER CO. RECREATION DEPT. TO USE RIVERVIEW PARK Approved For Submittal By: City Manager '~ ~. ('~'~..X~ REQUEST FROM VERO BEACH/ Agenda Number: Dept. Origin: Community Development Date Submitted: 4/17/96 For Agenda Of: 4/24/96 Exhibits: Bob Wilson letter of 4/10/96 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Vero Beach/Indian River County Recreation Department is requesting permission from nne City Council to umllize ELverview Park on Sunday, May 5, 1996 for a concert. They have also requested the use of electric. The Craft Club has been granted May 5 as a rain date. However, this proposed concert will not be a conflict since it will be held in the pavilion area. Unless otherwise stipulated by City Council, the following are established rules for use of Riverview Park: 1. $100.00 Security Deposit (Traditionally waived for a government agency) 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Approve request by Vero Beach/Indian River County Recreation Department to use Riverview Park for a concert on May 5, 1996, subject to standard conditions, waiving security deposit and approving the use ,of electric. Vero Beach/Indian River County Recreation Department 1725 - 17th Avenue Veto Beach. Florida 32960 (407) 567-Z144 (4,07) 778-7a96 Fax Patricia A. C. aflaha- Director Pegi .L Wilkes Manager Leisure 4~,05 N, A1A Commum~ Caner 2266 ~ath Avenue ~w~o~ 305 A~a Road gobbi B~ek F~iiti~ M~er (~7) 770-65t7 Gilford Park a680 a3m Court Supervisor (407~ ~67-7652 Kiw~nm-I-Iobar~ Parr 5350 77th Street Michael Ri~t~toue $upemsor (~7~ 589-t339 L~iaum Square 3705 ~.6[h Street (407) 770-6500 Oftic~ (407~ 7'70-[854 Fax Riverside Racquet Complex De, isa Martinello Tennis Manager 350 Dahlia Lane April 10, 1996 Ci~ Clerk City of Sebastian 1225 Mare Street Sebastian. Flor/da 32958 Dear Sir, The Vero Beach/indian River' County Recreation Deparrmen~ would Eke to request ~e use ofRiverview Park and the large pavih'on. We are looking ar Sunday, ,.May 5, 1996, from 2 p.m. to '4 p.m. to have a concert ~ the park. The band would be the Sebastian River Band under the direction of Tom Ingrao. The main need for the band would be electrical power for ~e P.A. system: This is the first event ~e this tbr the Recreation Depax~xent and we do nor have any idea of how many people will show up for this event. r_f anyone has any question, they can comacr me at 56%2144. Bob WUson Recreation Supervisor BWmhm cc:Pamcm Callahan A SMILE [$ ,4 YOU CAff G[FF; EVERY DAY i i I I I I I I i I I I i i I i I City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Riverview Park Political Campaign APPROVED FOR SUBMITTAL BY: AGENDA NO. Dept. Origin :__ Date Submitted:__ April 9, 1996 ] For Agenda Of: ~April 24, 1996 1 City Manager: ~. 6L.). ~4.~~xhibits: ~ ] Letter of Request Dated 4/9/96 EXPENDITURE REQU..IRED:.. AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: James M. French representing the campaign staff of, "Scott Ellis for State Senate", District 15, is requesting permission to use Riverview Park for a campaign rally on Saturday, September 21, 1996 from 11:00 AM to 3:00 PM. Unless otherwise stipulated by City Council, the following are established rules for use of RiverView Park: 1. $100.00 security deposit 2. No vehicles in the park 3. Applicant to provide sufficient waste receptacles and dean up after event 4. No alcoholic beverages are permitted within the park 5. All displays must be clear of the sidewalks and entrance ways 6. Any goods for sale must be handmade by members of the organization 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request. "l Ann Kousseau City of Sebastian 1225 Mare Street Sebastian, FL 32958 Dear Ms. Rousseau, Per our Indian River Park for our::immpaign key'-- we will be inviting ~ envision will be t~om 1 and soft drinks. We The crowd we 50 to 100 people at one any ...... people, f am making a fo~ appropriate for the i hope that this receiving confirmation April 9, 1996 the use of will be 'low ~e~,hours we ............ do s, hangers, a:i;groUp..0 f..between 50 activity as be considered. l~iiforwardto Lq~m5 * ~llrLbm~rtr, ~ 3P_..g35 * 41217 ~54-7[IE?1 * Jax 4137 ~158-77Z7 City of Sebastian 1225 MAIN STREET ::: .SEBASTIAN, FLORIDA 32958 TELEPHONE (407)388-8200 '5 FAX (407)589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: April 16, 1996 The Honorable City Council Thomas W. Frame, City. Manager ~ Contractor's Request for Final Payment - U.S. 1 Landscaping Attached please find a copy of the above referenced request fbr final payment in the amount of $908..1. l. This amount is the result of change orders to the original contract in the amount of $l,065.30 as delineated in the Public Works Director's memo of March 6, 1996. Based on the crrcumstances outlined in Nh'. Votapka's memorandum, I would recommend that the additional amount requested be paid. ~j0me ogProject Pa, vment'E~mateNo,3 g For Period Dec 1. 199 5 AN~--~ OF ADJUSTED CONTRACT TO DATE:" Original Contract Amount 2 Net Total of Change Orders to Contract 3. Adjusted Contract Amount to Date ANALYSIS OF WORK PERFORMED: 2. 3. 4. 5. 6. 7. City of Sebaafian, Irlorida, CONTILACTOR!S REOUEST FOR PAYIRENiI U.S. Hiqh....wav NO,~ Median Landscan~in? Project toMarch 6. Cost of Original Contract Work to Date Extra Work Performed to Date Total Cost of Work Performed to Date Less fl .% Retainage of Work Performed Total Cost of Materials Stored Less a % Retainage of Stored Materials Net Amount Earned on Contract Work to Date Less Retainage (Summation of 3,4,5, and 6) Less: Amount Paid on Previous Estimates Amount Owed on Previous Estimates 55,548.45 1,065.30 $ 55,..~14.9~ + 1,065.30 $-~-,1-~-~.26 -$. 0 $ 0 -$. 0 $ 56,180.26 . 5...~, 272.15 9. BALANCE DUE THIS ESTIMATE CERTIFICATION OF CONTRACTOR i certify that all Rems and amounts shown on the face of this Estimate g. ~ are correct; that all work has been performed and/or materials supplied in full accordance with the terms and conditions of this contract between the City o£Sebastian, Florida and.~ ~atureZand Garden Cea t ers(Contractor) datedSe, p t. ~ 3 ~ ~ 9 9 5; that the iterrm for which payment is requested have not been paid and there are no vendor's, meehaulc's, or other liens or fights to lien's or conditional sales contracts wlfich should be satisfied or discharged before such payment is made. By, Title Steven L. Deputy, Date , Pres. STATE OF FLOILIDA, COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged.before me this day of__...__.__, 1996 by on behalf of Contractor. He/she is personally lmown to me or produced as identification. Printed Name Commission N-ruDer Notary Public, State of Florida CERTIFICATION OF CONSTRUCTION ENGI1VEER I certify that I have checked and verified this Estimate/~__ and that to the best of my By¸ Title Public wc~rk~ knowledge and belief, it is a tree and correct statement of work performed and materials supplied by ~e Contractor, and that the Contractor's certified statement of tiffs account and. the amotmt due him is correct. For City of Sebastian BE~mtor Date March 6, 1996 Page I 0£4 N~me a,nd Location of Project: Name and Address ot Owner:. Name and Addres~ of Contractor: Estimate #3 and Final for pedod Item NOL 1 Upright Yaupon 2 LJgustrum Tree 3 Wax Myrtle 4 Saw Palmetto 5 Dwarf Bougalnvilla 8 Wax Leaf Jasmine 7 indian Hawthorne 8 Coontie 9 Aztec Geld Day Lily 10 Blue Pacific Juniper 11 Gold Mound Lantana 12 Dwarf Confederate Jasmine 13 Trailing Lantana 14 Railroad Vine 15 Beach Morning Glory 16 Bay Bean 17 Beach Sun/lower 18 Spider Lily 19 Blanket Flower 20 Fioratam Sod 21 Mulch 22 Soil Mix 23 Agriform 24 8-6-6 Fetilizer 25 Round Up 26 Surflan (pre-M) Herbicide 27 MSMA Sel. Herbicide 28 Spreader Sticker 29 Labor Cost City of Sebastian, Florida Contractor's Request for Payment U.S. Hiahwa,v 1 Median Landscape. Sebastian. Ft. Date Submitted: March 6. 199~ C~of Sebastian. 1225 Main Street. Sebastian. F~ .3~.q56 Natureland Garden Centers. 5145 U.S. Hi(]hwa¥ ~1, Veto ~each, ~ 329~ December 1, 1995 to Mamh 6. 1996~ SUMMARY OF QUANTITIES This period To Date 11 ea $130.00 11 ea $1430.00 100% 26 ea $230.00 26 ea $5980.00 100% gea $75.00 9 ea$ 675.00 100% 142 ea $8.50 142 ea $1207.00 100% 28 ea $5.50 28 ea $154,00 100% 785 ea $3.50 845 ea $2957.50 100% 1165 ea $4.00 1159 ea $4636.00 100% 57 ea $1.50 57 ea$ 570.00 100% 3748 ea $1.50 3618 ea $5427,00 100% 7O8 sa $1.50 945 ea $1417.50 100% 497 ea $1.10 450 ea$ 495.00 100% 1556 ea $1.50 1620 ea $2430.00 100% 1619 ea $1,10 1451 ea $1596.10 100% 202aa $1,35 134ea $ 180,90 100% 138 ea $1,35 111 ea$ 149.85 100% 198 ea $1.35 111 ea$ 149,85 100% 180 ea $1,35 2@ $2.70 135ea $ 182.25 100% 168 ea $1.35 129 ea$ 174.15 100% 165 ea $1.35 147@$193.95 312 ea$ 421.20 100% 18,000SF $0.12 16,462 SF $1976.16 100% 330 CY $14.00 330 CY $4620.00 100% 45 CY $12.00 45 CY $ 540.00 100% 14 Boxes $55.00 14 Boxes $ 770.00 100% 10 Bags $8,00 10 Bags $ 80.00 100% 1 ea $175.00 N/A 1 ea $175.00 1 ea$ 175.00 100% 1 ea $75.00 N/A 1 ea $45.00 - N/A L.S. $16720.50 100% $16720.50 100% Subtotal $55114.96 Change Order No. 1 + 1065.30 Final Cost of Project $56180.2.6 City of Sebastian 1225 MAIN STREET a sEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 M E M 0 IR_ A N D U M Date: To: From: March 6, 1996 U.S. 1 Median Irrigation & Landscaping Project File Richard B. VoCapka, P.E. ~ Public Works Director Subject: Resolution of Change Order No. 1 Change Order No. 1 was submitted by Natureland Landscaping in December !995 in the amount of $1694.60 and is attached to this memo. Resolution of the final cost of the Change Order is described in detail herein. -Change Order No. 1, Item 1, under ',Additional Plantings Required (Not Per Plans)" lists 235 additional Blue Pacific Junipers at $1.50 each. Item 10 under the "Final Adjustment of Quantities and Costs" accounts for 237 additional Blue Pacific Junipers. Therefore, no additional plant costs are to be incurred under Change Order No. i since they are already included under the "Final Adjustment of Quantities and Costs." Miscellaneous costs for installation, shipping, and handling as requesced by NaCureland Landscaping are $2.00 per plant as specified in Item ~1. No unit price per planting was established in the Bid Form since the Architect had provided a lump sum line item for all labor costs. At a cost of $2.00 per plant x 237 additional plants provided, the total additional cost is equal to $474. Memo Re: Resolution of C.O. No. 1 U.S Median Project March 6, 1996 Page 2 of 5 Change Order No. 1, Item 2, under "Additional Plantings Required (Not Per Plans)" lists 75 additional Wax Leaf Jasmines at $3.50 each. Yet, a recount by Chris McCarthy on December 11, 1995, yielded a maximum of 845 Wax Leaf Jasmines which accounts for 60, not 75, more additional plants. (See attached copy of Memo dated December 12, 1995 from Chris McCarthy to Richard Votapka) . Since the "Final Adjustment of Quantities and Costs" sheets (Page 1 of 2) Item No. 6 accounts for the 60 additional plants, no additional plant costs are to be incurred under Change Order No. 1. Miscellaneous costs for installation, shipping, and handling as requested by Natureland Landscaping are $4.00 per plant as specified in Item ~2. At a cost of $4.00 per plant x 60 additional plants provided, the total additional cost is equal ~o $240. Change Order No. 1, Item 3, under "Additional Plantings Required (Not Per Plans)" lists Dwarf Confederate Jasmines at $1.50 each. Item 12 under the "Final Adjustment of Quantities and Costs" accounts for only 64, not 129 plants. The "Breakdown of Plant Counts by Islands" (copy enclosed) reveals the following: Island Plan Actual Count ~ A 0 0 0 B 0 0 0 C 321 315 -6 D 612 624 +12 E 0 0 0 F 0 0 0 G 0 0 0 H 519 595 +76 I 0 0 0 J 104 86 -18 Additional Plan~s 64 "1 I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I Memo Re: Resolution of C.O. No. 1 U.S Median Project March 6, 199'6 Page 3 of 5 Therefore, no additional plant costs are to be incurred under Change Order 1, because they are included under the "Final Adjustment of Quanzities and Costs." Miscellaneous costs for installation, shipping, and handling as requested by Nature!and Landscaping are $2.00 per plant as specified in Item ~3. At the cost of $2.00 per plant x 64 additional plants, the total additional cost is $128. Change Order No. 1, Item 1 under "Material Requested in Error (As Per Plans)" shows 129 additional Trailing Lantana at a cost of $1.10 each. This resulted from a symDol error on the architectural plans on Island "C" just north of the center of the island. The symbol "L.Mo" for "Trailing Lantana" should have been "TA" for Dwarf Confederate Jasmine around the Liqustrum tree shown on the plan. As a result, Na~ureland Landscaping bought 129 more Trai!inc Lan~ana in lieu of ~tls Dwarf Confederate Jasmine. The price difference between the Dwarf Confederate Jasmine ($1.50 per each) as compared to the Trailing Lantana ($1.10 per each) equals $0.40. Na~ureland agreed to credit the Trailing Lantana equal to $141.90 towards the 129 Dwarf confederate Jasmine needed. Therefore, the City .-owes $0.40 more to Na~ureland Landscaping per plant for a total of $51.60 for the 129 Dwarf Confederate Jasmine. Change Order No. 2, Item 2 under "Material Requested in Error (As per Plans)" shows 60 additional Gold Mound Lantana. In actuality, there were 497 plants shown on the plans and 450 plants installed in accordance with the "Breakdown of US ~! Median Plant Count by Islands" as follows: Memo Re: Resolution of C.O. No. l U.S Median Project March 6, 1996 Page 4 of S Island Plan Actual Count ~ A 0 0 0 B 106 93 -13 C 0 0 0 D 0 0 0 E 179 156 -23 F 106 99 -7 G 0 0 0 H 0 0 0 I 106 102 ~4 J 0 0 0 Total No. of Unrequired Plants -47 The "Final Adjustment of Quantities and Costs" Sheet No. 1 Item 11 shows 47 less plants than shown on the plans. Therefore, the City will purchase the 47 additional plants purchased by Natureland Landscaping for use to replace any dead plants. The cost will be 47 x $1.10 = $51.70. Twelve (12) Lantanas had to be replaced already where a truck had crossed over the median and destroyed them leaving a remainder of 35 Lantanas in stock. Change Order No. 2, Item 3 under "Material Requested in Error (As Per Plans)" shows 36 additional Beach Sunflowers at $1.35 per each. Item 4 shows 36 less Blanket Flowers at $1.35 per each. Therefore, Items 3 and 4 cancel each other out because they have the identical unit price. Change Order No. 2, Item 5 under "Material Requested in Error (As Per Plans)" shows 80 additional Aztec Gold Day Lilies (originally Tiny Pumpkin Day Lilies). Therefore, the City can purchase 80 additional Day Lilies to fill in sparse areas throughout the existing plantings. Total material costs = 80 lilies x $l.50/li!y = $120. . ! ,.! Memo Re: Resolution of C.O. No. 1 U.S Median Project March 6, 1996 Page 5 of 5 in su~L~ary, the total additional costs to be reimbursed by the City to Natureland Landscaping as explained in Items 2 through 8 of this memo with specific reference and clarification of Change Order No. 1 as submitted by Natureland Landscaping is as follows: Item 2 Miscellaneous Costs for Installation, Shipping & handling 237 additional Blue Pacific Junipers =$ 474.00 Item 3 - Miscellaneous Costs for Installation, Shipping & handling 60 additional Wax Leaf Jasmines =$ 240.00 Item 4 - Miscellaneous Costs for Installation, Shipping & handling Dwarf Confederate Jasmines =$ 128.00 Item 5 - Difference is cost for purchasing 129 more Trailing Lantana in lieu of Dwarf Confederate Jasmine Item 6 - Purchase of additional 47 Gold Mound Lantanas Item 7 - Beach Sunflowers vs. Blanket Flowers Item 8 - Purchase of additional 80 Day Lilies --$ 51.60 =$ 51.70 =No Change ~$ 120.00 Total Additional Cost as Approved By the City Public Works Dept. for Change Order No.1 =$1065.30 landmed /sg U.S. QUANTITIES AND COSTS Plant + Price/Each 1. Upright Yaupon $130.00 2. Ligustrum $230.00 3. Wax Myrtles $75.00 4. Saw Palmetto $8.50 5. Dwarf Bougainvillea $5.50 6. Wax Leal'Jasmine $3.50 7. Indian Hawthorne $4.00 8. Coontie $10.00 9. Aztec Gold Day Lily $1.50 I0. Blue Pacific Junipers $1.50 11. Gold Mound Lamana $1. i0 12. D. Conf. Jasmine $1.50 13.Trailing Lantana $1. t0 14. Raikoad Vine $1.35 15. Beach Morning Glory $1.35 16. Bay Bean $1.35 17. Beach Sunflower $1.35 18. Spider Lily $1.35 19. Blanket Flower $1.35 February 29,1996 1 MEDIAN LANDSCAPING PROJECT - FI2XIAL ADJUSTMENT OF Plan Actual Total Cost Diff'erence 11 I 1 $1,430 0 26 26 $5,980 0 9 9 $675 0 142 142 $1,207 0 28 28 $154 0 785 845 $2,957.50 + $210 1,165 1,159 $4,636 - $24 57 57 $570 0 3,748 3,618 $5,427 - $195 708 945 $1,417.50 + $355.50 497 450 $495 - $51.70 1,556 1,620 $2,430 + $96 1,619 1,451 $1,596.10 - $184.80 202 134 $180.90 - $91.80 138 111 $149.85 - $36.45 198 111 $149.85 - $117.45 180 135 $182.25 - $60.75 168 129 $174.15 - $52.65 165 312 $421.20 + $198.45 Page 1 of 2 , I I I I i I I I I i I I I I I I I I I I I I i I I I I i I I i I I I I BREAKDOWN OF PLANT CHARGES - OVER TOTALS + UNDER TOTALS Over Totals .......$859.95 Under Totals ..... $814.60 Difference + $45.35 Page 2 of 2 BREAKDOWN OF U.S. I MEDIAN PLANT COUNT BY ISLANDS Plant Variety Landscape plan calls for. Actnal planted ISLAND" A" Wax Myrtles 2 Indian t lawthome 9 I Coontie 6 Tiny Pumpkin Day Lily 138 Blue Pacific Juniper 86 Trailing l_,antana (Purple) 116 Beach Sun flower 2 2 I04 6 157 106 131 0 Upright Yaupon [)warf Bougainvillea Wax Leaf Jasmine Gold Mound Lantana 3 6 144 106 l.igustnlm 7 Indian I lawthome 256 Coontie 12 Tiny Pumpkin Day Lily 1,200 Blue Pacific Jtmipers 186 DwarfCoufederate Jasmine 321 Trailing Lantaua (hlrple) 455 l.iguslmm i0 Indian I lawthome 374 Coontie 9 Tiny Pump kin Day Lily 1, ! 52 Blue Pacific Junipers 138 Dwarf Confederate Jasmine 612 Trailing I.,antana (Purple) 546 ISLAND" B" iSLAND" C" ISLAND" D" 3 6 149 93 7 239 12 !, 104 244 315 382 I0 365 O 1,100 185 624 ,I,12 Page I of 3 +/- 0 + 13 0 · ~ 19 I 20 ~' 15 -2 0 0 -13 0 17 0 - 86 + 58 -6 - 73 0 0 -52 I-,17 112 I0,1 BREAKDOWN OF U.S. 1 MEDIANS PLANT COUNT BY iSLANDS Plant Variety Landscape plan calls for. Actual planted + / - ISLAND "E" Wax Myrtles I I 0 Dwarf Bougainvillea 10 I 0 0 Wax Leaf Jasmine 120 120 0 Gold Mound Lantana 179 156 - 23 ISLAND" F" Wax Myrtles 3 ' 3 0 Dwarf Bougainvillea 6 6 0 Wax Leaf Jasmine 211 279 + 68 Gold Mound Lantana 106 99' - 7 ISLAND" G" Upright Yaupon 5 5 0 Saw Palmetto 142 142 0 Coontie 10 1~0 0 Railroad Vine 202 1o4 - 68 Beach Morning Glory 138 i I 1 - 27 Bay Bean 198 111 - 87 Beach Sanflower 180 1.~3 - 47 Spider Lily 168 129 - 39 Blanket-Flower * 165 0 - 165 · Blue Porter Weed was substituted for Blanket Flower. ISLAND" H" Ligustmm 9 9 0 indian Hawthorne 320 323 + 3 Coontie 12 12 0 Tiny Pumpkin Day Lily 1,096 1,098 + 2 Blue Pacific ltmipers 148 194 + 46 Dwarf Confederate Jasmine 519 595 + 76 Trailing Lantana (l~lrple) 360 371 + I I Page 2 of 3 BREAKDOWN OF U.S. I MEDIANS PLANT COUNT BY ISLANDS Plant Variety Landscape plans call for Actual planted iSLAND Upright Yaupon Dwarf Bougainvillea Wax Leaf Jasmine Gold Mound Lantana 3 3 6 6 310 284 106 102 ISLAND "J" Wax Myrtles Indian Hawthorne Coontie Tiny Pumpkin Day Lily Blue Pacific Jmfipers Dwarf Confederate Jasmine Trailing Lantana (Purple) 3 3 124 128 8 8 162 149 150 216 104 86 142 125 Page 3 of 3 +/- 0 0 - 26 -4 0 +4 0 -13 + 66 -18 -17 NATLIRELAND LANDSCAPING FACSIMILE TRANSMISSION CITY OF SEBASTIAN PUBLIC WORKS i ATTN: RICHARD VOTAPKA 407.589-5570 FAX 407-589-5490 OFFICE 1225 MAIN STREET SEBASTIAN, FL. 32958 ,~1,.~,' ,,~'~~,~,, NATURELAND GARDEN CENTERS. STEVE DEPUTY, LANDSCAPE DIVISION 407-770-0803 FAX 407-770-0195 OFFICE 5145 U.S. HWY. ¢¢1 VERO BEACH, FL. 32967 REQUEST FOR CHANGE ORDER #1 ADDITIONAL PLANTINGS REQUIRED: (NOT PER PLANS) ITEM #1 235 EA. BLUE PAC. JUNIPER ~1 235 EA. MISC. INSTALLATIONS 1.50 352.50 2.00 470.00 ITEM #2 75 EA. 75 EA. WAX LEAF JASMINE ¢f..3 3.50 MISC. INSTALLATIONS t..3 4.00 262.50 300.00 iTEM #3 129 EA. 129 EA. DW. CONF. JASMINE #1 1.50 MISC. INSTALLATIONS #1 2.00 193, 50 258.00 iTEM 2O EA. TREE RELOCATIONS ISLANDS C,D,F NO CHARGE (SHOWN LOCATIONS CONFLICT WNALVE PLACEMENTS) 1 ! FAX 107 770 080~ FLo TRF_~ ~ORE$ NATURELAND LANDSCAPING FACSIMILE TRANSMISSION MATERIAL REQUESTED IN ERROR: (AS PER PLANS) iTEM #1 +129 EA. TRAILING LANTANA #1 1.10 WiLL CREDIT TOWARD 129 DW. CONF. JASMINE NEEDED 141.90 ITEM #2 I GOLD LANTANA #1 1.10 66.00 *60 FA. WILL USE TO REPLACE FAILED MATERIALS NOT WATERED PROPERLY I ITEM #3 +36 EA. BEACH SUNFLOWER 1.35 WiLL CREDIT TOWARD 36 BLANKET FLOWER NEEDED 48.60 ITEM ~, 48.60 -36 EA. BLANKET FLOWER 1.35 WILL USE BEACH SUNFLOWER CREDIT TO PURCHASE THI~ MATERIAL ITEM #5 +80 EA. ,,. DAYLILIES #1 1.50 WILL USE TO FILL IN THROUGHOUT EXISTING PLANTINGS 120.00 TOTAL NEW MATERIAL AND INSTALLATION ..................................... $1836.50 TOTAL CREDIT MATERIAL NOT USED/EXCHANGED ........................ $141.90 TOTAL COST THiS CHANGE ORDER ................................................... $1694.60 Da~e: To: Prom: Subject: / EMORANDU/ March 6, 1996 Richard B. Votapka, Public Works Direcnor Tim Walker, US 1 Median Crew Foreman Actual Sod Quality Installed in US 1 Median Landscape Project sodusl ISLAND A 130' X 16' = 2,080 SQ. FT. 138' X 16' = 2,208 SQ. FT. ISLAND D 130' X 15' = 1,950 SQ. PT. ISLAND E 70' X 15' = 1,050 SQ. FT. ISLAND J 510' x 18' = 9.180 SQ. FT. TOTAL 16,468 SQ. FT. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: December 12, 1995. TO: FROM: RE: Rich Votapka, Public Works Director. Chris McCarthy, Parks and Recreation Foreman. Wax Leaf Jasmine plant count. At our meeting with Steve Deputy of Natureland Landscaping on Monday, December 11, 1995, we decided to recount the Wax Leaf Jasmine plantings on the U.S. 1 medians. Mark Sanders and I did thi~q recount Monday afternoon. We each counted the total number o£Wax Leaf Jasmine in each island they were planted in. Our total count was 845 plants, this is 13 more than my previous count. The total still is 15 plants short of Natttreland reported total of 75 extra plants. City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570 MEMORANDUM DATE: December 11, 1995 TO: U.S. 1 Median Landscaping Project File FROM: Richard Votapka, Public Works Director ~/ SUBJECT: Final Payment Estimate and Change Order No. 1 Chris McCarthy, Parks and Recreation Superintendent, and I met with Steve Deputy, owner of Natureland Landscaping, today to review and discuss the subject topic. Chris McCarthy had completed a total count of plants between Nov.29 through Dec 5th. The following was a result of our meeting: 1) Architect Brad Smith made a symbol error on Island "C" just north of the center of the island - The Symbol "L. Mo." for Trailing Lantana should have been TA (Dwarf Confederate Jasmine) around the Ligustru~n tree shown on the plan. As a result, Natureland bought 129 more Trailing Lantana in lieu of the Dwarf Confederate Jasmine. The price difference between the Dwarf Confederate Jasmine ($1.50 and the Trailing Lantana ($1.10) is $0.40. Therefore, the City owes $0.40 more to the Contractor per plant or a total of $51.60 additional for the 129 Dwarf Confederate Jasmine. 2) When Natureland Landscaping spaced the plants as per Architect Brad Smith's plans, it was found that the spacing did not match the plant count. In some cases, it was more; in others, it was less. If the plant count was strictly held, it would have altered the Architect's plan. The. planting beds were not the same dimensions as in the field, and no one is sure why. Steve Deputy disputed the count for the Wax Leaf Jasmine. He had 28 more plants in his nursery. Chris recounted after the meeting and found thirteen (13) more on the site. This still leaves a difference of 15 plants. 4) 6) 7) 2 of 3- December 11, 1995 Meeting Page The plant count as per plan for the Blue Pacfic Juniper for Islands A, C, D, H, and J were all short as follows: Island ~ Actual Count ~ A 86 106 +20 C 186 244 +58 D 138 185 +47 H 148 194 +46 J _L%Q_ _Al/_ ~ TOTALS 780 945 237 Steve Deputy showed 235 Blue Pacific Jasmine in Item ~1 on Change Order No. 1 which differs only by two (2) from Chris McCarthy's count. , The total plant count for Island "F' was 99 Wax Leaf Jasmine plants short of ~s~,and "I" which was identical in size and scheme to Island 'F . (see attached plans) 1) Wax Myrtles 3 3 2) Dwarf Bouganvillia 6 6 3) Wax Leaf Jasmine 211 310 99 short in Island "F" 4) Gold Mound Lantana 106 106 All of us calculated the difference in monetary amounts by comparing Items 9-13. Aztec Gold - 130 x 1.50 = -$195.00 B.P.Juniper + 237 x 1.50 = +$355.50 G. M. Lantana - 47 x 1.10 = -$ 51.70 ' D.C. Jasmine + 64 x 1.50 = +$ 96.00 Trailing Lantana - 168 x 1.10 = ~ Net Increase in Cost +$ 20.00 We discussed Change Order No. 1 as follows: A) According to Steve, Items 1, 2, and 3 on Page 1 of the Change Order were already installed except the quantity on Item 2 for the Wax Leaf Jasmine had to be recounted. Chris found 15 plants short of Natureland's reported total. The City can Purchase them for Island "A" and save $4 per each on the labor costs for a total savings of 15 plants x $4 = $60. i i I I I i I I I i i i I I I I I Page 3 of 3 - December 11, 1995 Meeting B) On Page 2 of the Change Order: 1) There is a Credit for Item 1 - refer to the bottom of the page. Steve said he had to purchase 235 plants in Wachulla. The miscellaneous costs he has shown represent "labor" for installation and placement and shipping costs. For the Blue Pacific Juniper in the ! gallon containers, there is more freight associated with a smaller quantity shipped. Therefore, the price per plant will be higher. 2) Items 2 and 5 on Page 2 respectively cost $66 and $12~ which total $186. The City can purchase these for Island "A" and plant them with their own people. This way no installation charges are incurred. The City should save $1 per unit. Therefore, Item 2 60 plants x $1/each Item 5 80 plants x $1/each =$ ~o. =$80. Total Savings $140. This would be in the form of a credit applied to the total amount of $1694. 3) 4) Items 3 and Item 4 on Page 2 cancel each other out because they are the same price. Also, several cars have crossed the median and those plants damaged will be replaced at a cost to the City since damage was incurred due to circumstances beyond the Contractor's control. change2 i City of Sebastian 1225 MAIN STREET Z SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 388-8200:7 FAX (407) 589-5570 Subject: Award of Contract for Airport Drive West Approved for Submittal by: Ci, Manager Agenda No. Dept. Origin: Airport, Thomas W. Frame Date Submitted: 04- t 6-96 For Agenda of: 04-24-96 ExNbits: Bid Tabulation, Bid, and Contract Documents Expenditure Amount Additional Appropriation Required: $176,544.65 Budgeted: $125,000 Required: $68,500 SUIvlMARY STATEMENT The bids for Airport Road West (Phase [) were opened at 2:00 PM on April 15, 1996. There were five bidders as shown on the attached bid tabulation and review sheet. The bid review committee met on April 16, 1996, reviewed the bids and recommended that the contract be awarded to the lowest bidder, Henry. Fischer and Sons, Inc. in the amount of $176,544.65. The office of the City Attorney had reviewed the attached Bid and Contract Documents prior to letting'the project out tbr bids. There was a total amount of $125,000 allocated under the 1995/96 Capital Improvement Program fbr the airport to fund the construction of Airport Drive West (Phase I). Engineering, design, permitting, re-muting of the east entrance, fencing and partial clearing for access purposes utilized $17,000 of the capital funds, in order to fund the project adequately to award the contract, an additional $68,500 must be appropriated. RECOMMENDED ACTION It is recommended that the City Council move to appropriate an additional $68,500 from the Airport Enterprise Fund to cover cost of the entire project. Upon approval of additional funds, it is recommended that the Council move to award the contract fbr the construction of Airport Drive West (Phase [) in the amount of $176,544.65 for a period of 120 consecutive calendar days to Henry Fischer and Sons, inc.. Sebastian, Florida. ~-o __1 I I I i I i I i I' I I AIRPORT DRIVE WEST - PHASE I TO: Cicy Clerk's Office I Sebastian CiCy Hall 1225 Main Street Sebasuian, FL 32958 (407) 589-5330 I DATE: , ! 9 9 6 BIDDER: Heqr¥ Fischer &..Son. s .Leasina. Inc. I (Type or Wrica in Name of Bidder/ ! The undersigned bidder proposes and agrees, if this Bid is accepted, Co enCer into an AgreemenC wi~h the Cicy of Sebastian Co construct an i asphalt roadway from Rose!and Road to se~-¢e ~he cenancs on ~he west side of the Air~ort in accordance wi~-h che plans and specifications at ~he un~a prices as shown below: BID FOR AIRPORT DRIVE WEST - ~HASE i DESCRIPTION OF ITEM' _Q/LFJiT_L~- ~ 3.9 acres ~x~xmx~x~ $ 3.000.00 /AC 3000 C¥ $].95/C¥ $ 5.850.00 I 4100 CY $ 3.50/CY $ 14.350.00 4 gA $ 950.00/EA $,, 3.SO0.O0 155 LF S la~Rg/LF I 20 5F $. 17.~O/L~'.. $~0 60 LF $ 16.~H/LE $ ~R7.00 4 ~ $~IFA $ ,. ROO no 4 ~A $ ~oo.nn/F~ $~0 S 65.00/FA a Base) 20 MA $ 2O.QO/EA $ oo,oo I C) FBV Tests (Subgrade) l0 MA $~/EA $~0 Concrete Curb and Gutter 165 LF $ 10.50/LF $ 1,732.50 I $~abilized Shoulders 5050 BF $ 0.6-~/LF $ 3.282,50 Swale Grading 5234 LF $ 0.8----~/LF $ 4~.20 Stabilized Subgrade 8660 SY $ 1.95/SY $ 16,887.00 I Base Course 8360 SY $ 4.9.--¢/SY Asphalt Pav~men~ 8070 SY $ 3.60/SY $ 29,052.00 Guardrai!s 200 LF $ 28.00/LF $ 5 800.00 Sod 13,000 S¥ $ ].45/SY $ ]8 850.00 i Total Bid $ 176,544~65 AIRPORT DRIVE WEST - PHASE I 1. Clearing and Grubbing 2. Excavation 3. Supplemental Fill 4. Catch Basins Type 5. Concrete Culvert Pipes A) 15" Diameter B) 18" DiameCer C) 12"x18" Diameter D) 42" Diameter 6. Mitered End Sections 7. RiD Rap Splash Aprons 8. RiD Rap Headwal!s for 42" RCP 2 MA 9. Soil & Base Course Compaction Control A) Modified Proctor Tests (Subgrade & Base) 5 EA B) Density Tests (Subgrade 10 !! 12 13 14 15 16 !7 BID BOND FOR THE CITY OF SEBASTIAN AIRPORT DR!%-E WEST KNOW ALL MEN BY THESE PRESENTS, that, we the undersigned, Henry Fischer & Sons Leas!n~,,,~nc. as Bidder, and Same/Via C~r.l;ifie.d, Check as Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in r-he penal sum of five (5%) percent of ~he Total Bid Amoun~ which is $ 176.54~.65 for ~he payment of which, well and t~--uly to be made, we hereby joinr_iy and severally bind ourselves, successors and assigns. Signed this 15 day of April , /~. 1996 The Condition of the above obligation is such that whereas the Bidder has submi:ted to :he City of Sebastian a certain BID, attached hereto and hereby_ made a part of hereof ~o enter into a contract in wri:inq, for ~he City of Sebastian Ai~--Dort Drive West (Phase I) Construction. NOW, THEREFORE, (a) if said BID shall be rejected, or (b) If said BID shall be accepted and ~he Bidder shall execute and deliver a con~ract in the form of.Agreement attached hereto (pru~er!y comDletad in accordance wi~h said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the paymen~ of all persons perform/ns labor, ~urnishinq materials in connection herewith, and shall · n all other respects perform the agreement creatad by ~he acceptance of said BID, then this obliga=ion shall be void, othe=Nise the same shall r~nain in force and effect; it being ~xp_ressly understood and agreed tha~ the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that ~he obligations cf said Surety and its Bid Bond shall be in no Page i of 2 way impaired or affected by any extension of the time within which the Ci~ of Sebastian may accept suck Bid; and said Sure~y does hereby waive no~ice of any such extension. %N W!-"~NESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first se~ forth above. Bidder Name Printed or Typed --- --'~'BiddXr '- ~uthorized Signature Henry Fischer & Sons Leasing, [nc. Hen~/ A. Fischer - President Bidder- Printed or typed Name and Title Citrus Bank N/7( (Via Certified Check) Surety - Printed or Typed BY: Authorized Signature Printed or Typed Names and Title IMPORTAI~T: Surety companies ~xecu~ing BONDS must appear on the Treasury Department's mos~ current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. PAGE 2 of 2 BID BOND FOR THE CITY OF SEBASTIAN A~RP©RT DRIVE WEST I i I i i I i i I i I I ! 1 ! T~e tocat time for completion of the work ,will be 120 consecutive calendar days after the commencement of work, and shall consui~ume the total "Conzract Term" should uhis bid be accepted and approved by the City of Sebastian. SUBMIT YOUR BiD iN A SEALED ENVELOPE ~_ARKED AS FOLLOWS: "BID: CONSTRUCTION OF AIRPORT DRIVE WEST - PHASE YOUR BiD MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY ~ALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER T~AN M~ndav ON April !5 , 1996 BID ACINOWLEDGEMENT The above unit prices contained herein sh~!l be considered as a firm bid price not subject to price adjus~men~ unless Bidder's prov±sions for price escalation are stated on a seDaraae shees au~ached to ~he Bid. The Bidder acknowledges that the prices will remain firm for sixty (60) days fo!!owinq the date of ~his bid. The Bidder has acknowledged Addenda issued by the Cicv of Sebastian Public Works Department on the lines below: ADDENDA AC_~/~OWLEDGEMENT The undersigned Bidder acknowledges that he has received the following Addenda for =his projec~ prior to the submittal of this and thac work called for in these addenda is included in ~he prices above. Addendum 1 04/04/96 and Tit!m D. The Bidder acknowledges the insurance requirements_as stated on Pages 4 and 5 of =he Agre~men= and agrees ~o Jurnish the City with ~he necessa~I proof of insurance if awarded the con~rmcu or o~herwise be prohibited from entering into the Agre~--men~ with abe City. Submittals for Bids As Required By "Instructions for Bidders'~' Three (3) copies of the completed Bid Form. (Typed or in ink ) One (!) copy of required contractor's licenses. One (1) Copy of the completed Public Entity Crimes One (I) Copy of the completed Drug-Free Workplace Form Page 2 of 3 AIRPORT DRIVE WEST - PHASE F~Z~T~T- ~D ~=..L N~AME OF BI]DDW.]R Henry Fischer & Sons Leasing, Inc. PHONE NO.~07-589-3159 State whether Bidder is a Cor~.ora~ion, General ParZnershiD, Limimad ParZnership, Sole Proprietorship or Other on the line below: Corporation ADDRESS P.O. Box 7~006~ Sebastian, Florida 32978-0068 /~ Signaaura He_ncy' .A, Fi.s. cher .......... Printed or 'tyPed"'" name President T~r_!e F~_X NO. DATE a07-589:773l 04t]5/96 Page 3 of 3 AIRPORT DRIVE WEST - PHASE DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Henry Fischer ~ S0ns..Le~q~ [nc. ~Name of Business does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that wi!! be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's poiic£ of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon~employees for drug abuse violations. 3." Giv"e '-'~ach~ ~npioyee ' engaged, in prcvidinu- t. ka .-com-~.c-~i.~-ies-. c- contr~ctural services, that are under bid a copy of statement specified in Paragraph 1. : 4. in the statement specified in Paragraph I, notify the employees that, as a condition of working on the commodities or contrac~ural sera, ices that are under bid, the employee will abide by the terms of ~he statement and will notify the employer of any conviction of, or plea of Guilty or nolo con~_andere to, any violation of Chapter 1893 or of any controlled substance law of the United States or any stats, for a violation occuring in the workplace no later than five (5) days after such conviction. "Impose a sanction on, or require the satisfactory. participation in a drug abuse assistance or rehabilitation program if such is available in the emp. loyee's community, by any employee .who is so convicted. 6. Make a good faith effort to continue ~o maintain a drug-free workplace ~hrough implementation of Paragraphs 1 thru As the person authorized ~o sign chis statement, I cektify that ~his firm complies fully with the above requirement. F Bi/Oder's Signature April .15~ 1996 DaCe THIS FORM TO BE SUBMITTED WITH THE BID. (drug) . ! PUBLIC Ei~TITY C~R22vtES .Any person ~u0rnirr/ng l quote, bid, or proposal in response to tiffs invitation or a con~c~ mus~ ~x~cum ~e enclosed fo~ P~ 7069, sworn szammen~ ~der sec~on ~7.133(3)(a): ~O~A STA~S~ ON. P~LIC ~~ C~S, mclu~g proper check(s), ~ ~ space(s) provid~d~ and enclose k w~fl~. Iris quote, bid, or propos~ on beh~ of de,ers or suppHem who re~g c~n~c~ k M yo~ msponsib~W to ~e ~c!uded ~ yo~ quote:, b{~ or propose. quote, bid, or proposal ope~g ~e ~d date. ~b~ it ~ yo~ q~ot~, bid, or proposal may propose. ~e [989 ~ofida L~ia~e p~ed Senate B~ 458 crea~g Secfion~ 287.132 - 133, Florida Statutes, ~ffec~ve fMy 1, .~989. Se~on 2~V.l~2(3)(d), Flodd~ Statutes, requ~e~ ~e Ftodda Dep~ent of Gener~ S~ces to m~ ~d "~onvicted vendor" ~t consis~g o~ persons md ~ates w~o ~e ~squ~fied ~om public k pubic end~ :me i~ described by Ses~on or F=derM taw by · person ;wi~ respest to ~d d~ecfly related to ~e =~sacfion ofbusNess wifl~ my public :n~ ~ Modda or ~ m agency Umted S~te=, mcludlng but not ~te~ to, my bid or con=act for goods or sclc== to be pro~de~ to my pubic en~ or wi~ m agency or political mbdi~mon bdbe~, collusion, raekeme~g, :onspkacy, or mateN~ ~sreprezenta~on. By [aw rio public entity shall accept any bid from, award any contract to, or transact any buamess in excess of ~tie tln'e~hold amotmr provided ia Section 2~7.017, Florida S/amies, for category two (currently S10,000) with any person or affiliate-on the ¢onvictecl vendor list for a. period of. J6 months from the date that per-~on or affiliate wa= place~i on ttle convicted vendor tis: unless tha£ person, or affiliate has been removed from the li-~t pursuant to SeCtion 287. i33(3)(f), Florida Stamtes. Therefore, effective October 1, 1990, pr/or to entering into a contract (formal contract or purch~e order) in excess of'the threshold amount of ~10,000 to provide goods or set-Aces to TttE CIT'Y OF SEBAS'IV_A~, at per=on silall ftc a sworn statement witlx the contracting officer or ?ureha=mg Director, am applicable. The attacheti statement or at'~idavir will be the form to be ufllizeti and must be properly signed in the presence of a notary public or other officer authorized to admim~rer oaths and properly executed. TIlE IiNCLU$iO(~' OF TFiE ,SWORN STATE~IENT Oti AF%qDA.VIT SHALL BE SUBMITTED CONCURRENTLY WITI-t YOUR 0UOT3_; OR BiD DOCUMENTS. NON- INCLUSION OF T'FIIS DOCUMENT N(AY NECESSITA l'~ REJ-ECllON OF YOUR OUOTE OR BID. 'vVORN .qTATEMENT UNDER SECTION 21t7. FL0, FLIDA STATUTES, ON PUBLIC ENTIT'~£ CILiMES TI:tIS F'Ot::U~[ ~[UST BE SIGNED IN TILE; PIqliZSENCE OF A NOTARY PUBLIC OTHER OFFICER AUTHORIZED TO ADb'IINISTER OATIIS. [. Tltis sworn statement is submitted with Bid, Proposal Airport Orive West For THE CITY OF SEBASTDJ'L or Contract bio. Ttfis sworn statement is subtrdtted by Henry Fischer & qnn~_ rnc .(none of entity ~ub[mrting sworn statement) whose bu~ine-~s address is p.0. ~3o× 780068 Seba~tiani ~larida t?97~-nn~ and (il5 appficabte) its Federal Employer IdentifiCation (t'E!l'4) is (If the entity! has ad FETN, include the Social Security Number of the individual signing aris sworn ~tatement: ' ) My same is Henry A. Fischer (please pratt name- of indiv/dual ~igxting) md my retationsitip to the entity named above is [ understandl tha£ a, "public entity crime" as de£med in Paragraph. Florida Slamtes, means a violation o£ any state or Federal law by a person with. respect to and directly, related to ~he ammacrion of'business with. arty public entity or wi~ agency or political subdDisiort of any other state or with. the United Slates, including, but mot limited to, any bid or ~ontract for goods or ~erv/ce~ to be provided to any public entity or an agency or political subdivision of any odor state or of the United States and 'involving antimst, fi'aud, theft, bribery, collusion, racketeem~g, conspiracy, or mater/at wdsrepresentation. I tmder~tand dm£ "convicted" or "conviction" as defmed La P~.ragraph 287.155( [)(b),. Florida S/arute~s means a llnding of guilt or a con, fiction of a public entity cone, wid~ or withou£ an'adjudication of gu/It, in any federal or state ~at court of record reiating to charges brought by indictment or imronnatiort after Iuly t, 19fi9, as a result of jury verdict, aonjury ~al, or enn'y of a plea of gull[5, or solo contendere. [ understood that an "affiliate" as defined in Paragraph 287.12~(t)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public enti~ ct-hue; m~agement of 5ie enfi~ ~d wllo Ires been convicted of · public entity c~e. T]~e te~ "~ate"'h~ctude~ fl~ose o~cers, directors, exe~u~ves, p~ers, sh~ei~olders, employees, m~mbers, ~td agent~ who ~e ac~v~ ~ ~te m~agement of ~ a~liate. ~e o~er~p~ by one person of shm'es ~onstimt~g · con~otlh~g ~ntcrest ~ ~oti~er person, or a poo~g o~equipment or income ~ong persons when not For Fair market value under an ~'s leng~ agreement, simll be a p~a ~acie case fl~at one consols ~o~er person. A person who ~owmgiy enters ~to a joint venue wifl~ a person wtto ~as been ~on~cted of a public enfiW crime ~ Florida dt~g preced~g 36 months sh~I be considered ~ affiliate. [ ~der~t~d ~at a "person" as defined ~ ff~a~ph 287.133(t)(e). Florida Stam~e~, means ~y ua~fl person or enfi~ org~zed ~der ~e laws of ~y state or U~fited S~tes ~ fl~e tegfl power to enter ~to a bmd~g ~on~aet ~d wificit bids appfies :to bid 6n con,acm for ~e pro,sion of goo~ or s~ccs let by a public or wlfic& oflle~se ~m~sac~ or apples to ~sact bus,ess wiflt a public enfi~. The te~ "person"~ ~etudes those ot~cers, d~ectors, e~ceufives, p~ers, si~aret~olders, emptoyee~ members, ~d a~en~ who me at,ye kt m~agement o~ ~t enti~. B~ed on ~o~afion md belief, fl~e statement w~ck ~ have m~ked beiow is ~e reia~on to the enti~ sub~t~g ~tis sworn statement. (Please btdicate wt~cix statement applie~.) ~ Neifl~er ~lc entity sub~m~g tiffs sworn statemen~ nor ~y o~c~rs, d~ectors~ exceu~ves, p~e~, slaveholders, employees, member, or agents who ~e active m~agement 6f ~c enti~, nor ~y affiliate of fll~ enfi~ have been etx~ged wifl~ ~d con~ctcd of ~ public entiW e~c subsequent to ~uly [, 1989. The efifi~ sub~g ~fis sworn statemen~ or one or more of fire ~ec~ors, exceu~v~,, p~ers, stakeholder, employees, membe~ or agents wtto ac~ve ~ m~ag~ent of ~c enfi~, or m a~liate of ~e enfi~ h~ been eh~ged and eonvicte~ of a pubfic enfi~ c~e subsequent to ~y [, ~989, ~D ~dicatc w~eh addi~on~ statement applies.) There' has been a proceeding concem~g ~lc con, chon before · o~cer of ~e State ofFtodd~ Di~sion of A~s~five ~e~s. The Fm~ order entered by ~c he~g o~cer did not place, fl~e person or ~liate on ~te connoted vendor fist. (Please acaeh · ~opy of ~e ffmal order.) ~lc pe~on or a~liate w~ placed on O~e eon~cted vendor ~st. There has been ~ subsequent proceedh~g before a txeafing o~cer of file S~ate of Elodd~ Di~sion A~s~ative He,rigs. The ffmai order entered by ~le being o~cer dete~ed ~mt it w~ ~ ]~e public interest to remove ttte person or a~liate from the convicted 4 I i i I I i I I I I I I i i I I I vendor list. (Ptease attach a copy of the final order.) ~ The po=on or affiliate haq nor be~ piace~ on ~e con~cted vendor (Piece desc~be ~y action t~en by or pen~g wi~ ~e .Dep~en~ of ~en~ (Signature) Dare: April 15, 1996 STATE OF FLOR/DA ...... C.O. UNT¥ OF Indian River The forego/rig instrument April ,~ , 1996 by President pa.rmership), a. was acknowledged before me ~s 15 day of Henry A. Fischer (tide) on beaaL~ parmersh/p, lf~.she is personally k~town to me or bas pro~fuced as idenr/ficar/on and did ~ did aot ( ) take an oath. My Cammissioa E.-~/ires: MaY, 01, ~'99a Commission Number:. CC368951 City of Sebastian 1225 MAiN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 l~i E M 0 E ~ N D U l~i DATE: April 4, 1996 TO: All Prospective Bidders FROM: Richard Votapka, Public Works Director ~ SUBJECT: Airport Drive West (Phase I) Bid Due April 15, 1996 ADDENDEUM' NO.I Deduct the cost for clearing and grubbing an area 20 feet wide by 1080 feet long within the right-of-way. This will be accomplished independently prior to the award of the contract for this project to provide access to a tenant on the Airport who does not yet have physical access to his property. The cleared and grubbed material will be removed from the site. The Public works Department will place, grade, and compact a 4" thick, 16' wide temporary coquina shell access road. The Airport Drive West Contractor can reuse any shell that can be ~salvaged from the temporary access road. The Department of Public works will spread, grade, and compact four (4) inches of coquina shell to provide a temporary access road which shall be 1080 feet long. This shell can be salvaged by the Contractor who is awarded the contract for Airport Drive West and be reused in the road base. The Contractor shall be required to provide the Bid Bond, Performance Bond, and Payment Bond at his/her expense. The cost for these bonds shall be included in the unit price for Clearing and Grubbing. '4. 10. 11. The Contractor shall be responsible for construction layout and a marked up set of as-builts to be furnished to the City upon the substantial completion of the project. The City shall provide the Contractor with vertical and horizontal control. The 2100 feet length as it appeared in the Notice to Invitation to Bid was based on the original scope of work. It should be 2,650 feet. The distance of "1400 feet" for the approximate length of road south and in the Scope of Work should be "1980 feet" The distance of 1400 feet was originally based on intia! scope of work for this project which was later expanded. The actual distance of ~he road from Station 0+50 S to Station 9+00 S and from 0+00 N to 17+97 N is 2647 feet. The top of road elevation in Cross Section B-B on Sheet 1 of the plans is graphically depicted in error as elevation of "18.2" The centerline elevation should be elevation "19.2" The quantities for the asphalt paving, base course, subgrade, shoulder, and sodding were all based on the road being 2647 feet long, not 2100 feet which was the original scope Of work. The limits of clearing and grubbing as shown on Section C-C Sheet 2 of 2 of the plans should be "70" linear feet in width, not 80 feet as shown. A pre-cast or poured in place concrete headwall for the 42" RCP pipe culvert crossing at Station 1+00 N can be substituted in lieu of a rip-rap headwall as shown. Shop drawings must be submitted to the Department of Public Works for approval prior to construction. Siltation barriers and erosion control devices must be provided by the Contractor during the course of the project in the vicinity of the stream crossing. Barriers must be placed downstream and preferably upstream as well for further protection against spread of any silt and turbidity resulting from stormwater runoff from the road during construction. airadden NOTICE OF INVITATION TO BID SF2~ BIDS FOR CONSTRUCTION OF AIRPORT DRIVE WEST (PHASE I) WILL BE RECEIVED BY THE OFFICE OF ~ CITY CLERK, CITY OF S~mASTiAN, FL, 32958 UNTIL 2:00 P. H. ON MONDAY, APRIL 15, 1996. Bid envelopes should be clearly marked as shown below. BID: CONSTRUCTION OF AIRPORT DRIVE WEST (PHASE I) The City of Sebastian is soliciting bids to construct Airt~ort Drive West (Phase I) consisting of approximately 2100 lineal feet of 24 foot wide asphalt pavement with open swales. A Manda~orv .Pre-Bid ~ will be held at 1:30 P.M. on Tuesday, April 2, 1996, in the City Council Chambers located at 1225 Main Street, Sebastian, Florida, to review the plan and specifications and address any questions. Prospective bidders must contact the City Clerk's office in person, by mail at ~he above address, or by telephoning (407) 589-5330 for bidding documents, plans and specifications. Bidding documents, plans, and specifications shall be obtained solely from ~he CiUy Clerk's office for a refundable fee of $10.00 payable to the City of Sebastian. The ten ($10) dollar deposit shall only be refunded if the plan and documents are returned by ~he Bidder in an unmarked and satisfactory condition for reuse as determined by the City Clerk's staff. Questions or Concerns should be addressed to Richard B. Votapka, Public Works Director, at 407-589-5490. Bid, Performance, and Payment Bonds are recfuired. Contractors must be registered with the City of Sebastian Community Development Department and shall submit proof of their current licenses, insurance, Public Entity Crime Form, and Drug Free Workplace Form. Failure to complete the project within the specified time may result in $100 per day liquidated damages. Bids will be publicly opened and read aloud at 2:00 PM on April 15, 1996, in the City Council Chambers. The city reserves the right to reject any and all bids. BY: KATHRYN M. CITY CLERK CITY OF SEBASTIA/q PUBLISH PRESS JOURNAL DATE March 22, 1996 AIRPORT DRIVE WEST PHASE I SCOPE OF WORK The Scope of Work shall consist of the construction of Airport Drive West (Phase I) from Roseland Road across from CaDewe!l Court north of Donald McDonald Park eastward for approximately 720 feet and then southward for approximately 1400 feet to the south end of the 100 foot wide easement as shown on the Mosby and Associates, Inc. plan entitled Sebastian Airport West Entrance Road, Sheet 1 of 2, Job. No. 95-290, with the latest revision date of February 27, 1996. The 24 foot wide road shall be constructed of 1-1/2" of asphalt on an 8" thick base course and 8" thick stabilized subgrade with 4 foot wide stabilized shoulders having grassed swales on both sides of the roadway. The 100 foot wide easement shall be cleared for a distance of 70 feet as shown on the typical cross section. The Contractor shall provide all labor, supervision, materials, tools, equipment; mobilization and demobilization; clean traffic control; safety; insurance; bid preparations, testing; bid, performance, and payment bonds; utility locates, sanitary provisions, and other related costs described within the Bid Documents. Ail Bidders are encouraged to make a field investigation of the site prior to submitting their bids. Page 1 of 1 o INSTRUCTIONS FgR BIDDERS REOUIRED COPIES All bids shall be submitted on the Bid Proposal Forms provided by the City with three (3) copies. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show the date and time for the opening of the bids, the name of the bid, and the name and address of the Bidder. BIDS NOT CONSIDERED Late bids, telegraphed or FAXed bids will not be considered. However, bids may be withdrawn by telegraphic or FAX notice, providing such notices are received prior to the hour and date specified on the bid. Bids must be received at or before the specified time of opening as designated on the Notice of Invitation to Bid. Bidders are welcome to attend; however, attendance is not mandatory. Opening of the Bids will commence immediately at the time designated in the Notice of Invitation to Bid and publicly read aloud, providing one or more Bidders are in attendance. A bid tabulation will be furnished upon request after the bids have been reviewed and analyzed by the Bid Review Committee. BiD EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment by calling or faxing the City Clerk's office at Telephone No. (407) 589-5330 or Fax No. (407) 589-5570. REOUIRED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Forms. Contractors wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Proposals having erasures or corrections must be initialed by the Bidder in ink. Page 1 of 6 AIRPORT DRIVE WEST "1 I I I I i I I I I I I I I I I I I I I' I I I I I I I I I I i I I I I I I 10. i1. INSTRUCTIONS FOR BIDDERS NEW MATER!ALl Prices shown on the bids must be prices for new materials. Although the City of Sebastian is exempt from Federal and State Sales and Use Taxes, vendors or contractors doing business in Sebastian are no~ exempted from paying sales tax to their supplier for materials to fulfill contractual obligations with the City, nor shall any vendor/contractor be authorized to use the City's Tax Exemption Number in securing such materials. CONFLICT OF INTERES~ The award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the City. LICENSING ANDIOR REGISTRATION Contractors must' show their current occupational license and be up-to-date if their business is located within the Sebastian City limits. If the Bidder is a State Certified General Contractor, the Bidder must be registered with the ..City of Sebastian. If the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. Should there be any uncertainty as to the licensing and/or registration status with the City, the Bidder shall contact the Administrative Assistant at the Community Development Department. The Bidder shall submit with the bidding documents three (3) copies of all licenses as required by the bid documents. Failure to submit evidence of licenses may result in the rejection of the bid. Federal, State, and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Page 2 of 6 AIRPORT DRIVE WEST 12. 13. 14. 15. 16. 17. INSTRUCTIONS FOR BIDDER~ Contractors doing business with the City are prohibited from discriminating against any employee, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the follow- ing: employment practices, rates of pay or other compensation methods, and training selection. In the event of mathematical errors, the correct totals will prevail and the Bid will be corrected accordingly. Bids having erasures or corrections must be initialed and dated in ink by the Bidder. If, within two business days after the Bids are opened, any Bidder files a duly signed, written notice with the City Clerk°s Office, and promptly thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his/her Bid. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. PUBLIC ENTITY CRIMES Any person submitting a Bid in the response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, Form PUR. ~7068, (Rev 11/89) including proper check{s) in the space(s) provided, and enclose it with said Bid. A copy of the blank form is provided herein. DRUG-FREE WORKPLAC~ The Drug-Free Work-place form, in accordance with Section 20 of the Agreement and as attached hereto, shall be submitted with the Bid Form. BID GUARANTEE AND BID BOND The Bidder warrants that the unit prices, terms, and conditions quoted in his/her bid will be firm for acceptance for a period of not less than sixty (60) days from the bid Page 3 of 6 AIRPORT DRIVE WEST I I i I I I I I I i I I I I i I i I 18. 19. INSTRUCTIONS FOR BIDDER~ opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. The City of Sebastian Code of Ordinances under Article IV Finance, Section 2-92 "Bidding Procedures" requires that a Bid Bond shall be required on all Bids of more than $100,000. A Bid Bond payable to the City of Sebastian for five (5%) percent of the total amount of the Bid shall be submitted with all Bids in excess of $100,000. A certified check may be used in lieu of a Bid Bond. Failure to submit a Bid Bond shall automatically disqualify the Bid. Attorneys-in- fact who sign Bid Bonds must file with each Bid Bond a certified and effective dated copy of their Power-of- Attorney. As soon as the Bids have been reviewed for completeness and matema~ical errors by the City's Bid Review Committee, the City shall return the Bid Bonds to all except the three (3) lowest responsible Bidders. When the Agreement is executed, the Bid Bonds of the two remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidder shall be retained until the Performance Bond and Payment Bond have been executed and approved, after which the Bid Bond shall be returned. A successful Bidder shall forfeit its Bid Bond upon failure on his/her part to enter into a Contract (Agreement) within ten (10) days after receipt of the proposed Contract from the City, unless such time period is extended by the City. The contract will be awarded to the lowest responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the Bid Review Committee. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non- conforming, non responsive, unbalanced, or conditional Bids. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. .Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future proposals for the same work. Page 4 of 6 AIRPORT DRIVE WEST 20. ~ The term of this Agreement shall be the number of calendar days accepted and approved by the City based upon the nuuuber of days the successful Bidder has designated on the schedule he/she prepares to complete the project. Refer to Page 4 of 13 of the Agreement, Section 8 for additional information. The Contractor shall provide the required types and minimum amounts of coverage of insurance as stated in Article 1! "Insurance" on Pages 5 and 6 of the Agreement if awarded the Contract. Failure to do so shall result in the rejection of the Contractor to enter into Contract with the City. The City reserves the right to enter into Contract with the next lowest responsible Bidder meeting all of the insurance requirements. The Contractor shall include the cost of procuring and maintaining the type and amounts of insurance coverage for the duration of the Contract in his/her unit bid prices. Evidence of the minimum amount of required Insurance shall be attached to the Bid Form at the time the Bid is submitted. 22. PERFORMANCE AND PAYMENT BONDS The City of Sebastian Code of Ordinances under Article IV Finance, Section 2-92 "Bidding Procedures" requires that any Bidder entering into a formal Contract (Agreement) of more than $100,000 with the City shall be required, before commencing work under such Contract, to execute and deliver to the City a Performance Bond and Payment Bond with a Surety Insurer authorized to do business in the State of Florida as a Surety and acceptable to the City. A Performance Bond and a Payment Bond each in the amount of 100 percent of the Contract (Agreement) Price, with a Corporate Surety acceptable to the City, shall be required for the faithful performance of the Contract when the monetary .~amount is more than $100,000. Attorneys-in-fact who sign Performance and Payment Bonds must file with each Bond a certified and effective dated couy of their Power-of-Attorney. The Bidder to whom the Contract is awarded shall be required to execute the Agreement and obtain the Performance and Payment Bonds within ten (10) calendar days from the date the successful Bidder receives the Notice of Award by the City Clerk's office that the City Council has awarded the Contract to the successful Bidder. Should the successful Bidder not provide the City with both the Performance and Payment Bonds within the ten (10) day period following the receipt of the "Notice of Award", the City may consider the successful Bidder to be in default of the Bid requirements and terminate the Award Contract unless the Council agrees to an extension of time for the Bidder to provide the Performance and Payment Bonds to the City. Page 5 of 6 AIRPORT DRIVE WEST I I i I I I I I I I I I I I I I I I The City within ten (10) days of receipt of an acceptable Performance and Payment Bond and Agreement signed by the successful Bidder shall sign the Agreement and return to the Contractor one (1) fully executed duplicate of the Agreement. Should the City not execute the Agreement within such period, the successful Bidder may by Written Notice withdraw the signed Agreement. Such "Notice of Withdrawal" shall be effective upon receipt of the Notice by the City of Sebastian City Clerk's office who shall stamp the date and time on it when received. Page 6 of 6 AIRPORT DRIVE WEST AIRPORT DRIVE WEST SPECIAL TERMS AND CONDITIONS COMM_ENCEMENT OF WORK The contractor shall begin work within ten (10) calendar ~ of the written "Notice to Proceed" by the City. CONT_RACT TIME The contract time for completion of the work shall be written in the line item provided on the Bid Schedule and shall be incorporated into the contract with the City if the Contractor is selected to perform the work. CONSTRUCTION SCHEDULE Within or at Ten (10) calendar days after receiving the Notice of Award, the Contractor shall submit a construc- tion schedule reflecting all the working operations within the scope of the work described in this contract. Said construction schedule is subject to approval by the City. The schedule shall be a bar graph with time for completion of the improvements shown in weeks. LIOUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount of One Hundred Dollars (S!00) per day for every day that the Contractor is late in completing the work described in this Contract. Said damages shall be deducted by the City from monies due Contractor. LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work. The cost of substantiating the location of utilities shall be borne by the Contractor and included in his/her bid price. The Contractor shall be responsible for the repair and/or replacement of utilities which he/she damages during the course of construction. Page 1 of 4 Special Terms and Conditions AIRPORT DRIVE WEST SANITARY FACILITIES The Contractor shall provide sanitary facilities on site acceptable to the Florida State Board of Health for his work crews during the course of construction. FINAL CLEAN-UP AND REPAIRS The work will be considered complete only after all debris and unused material due to or connected with the work have been removed and the roadway and surrounding area left in a condition satisfactory to the City Public Works Dept. In the event the City finds that the Contractor has been negligent in keeping the job site clean, the City may, after twenty-four (24) hours give written notice to the Contractor to correct the situation, and elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from monies due the Contractor. All property, structures, utilities, landscaping, etc., disturbed or damaged during the prosecution of the work shall be restored to their former or better condition at no additional expense to the City. Final payment will be withheld until such clean-up and repairs are completed. PROGRESS PAYMENTS. RETAINAGE. AND FINAL PAYMENT a) Progress payments - Progress payments shall be in accordance with Article 3 "Contract Sum and Payment to Contractor" on page 2 of the contract. Each Progress Payment Request received by the City shall be reviewed by the Department of Public Works Admin/Eng. staff to verify the accuracy of the payment request in accordance with the progress of the project. The standard City of Sebastian Contr~ctor°s Request for Payment Form should be used for the submittal of a progress payment request. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranting that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. Page 2 of 4 Special Terms and Conditions AIRPORT DRIVE WEST The City may refuse the whole or part of any progress payment if, in the opinion of the Department of Public works Engineering staff, there is sufficient evidence based upon tests and/or inspections to nullify any payment because the work is defective or has been damaged requiring correction or replacement, the contract Price has been reduced by written change order, the City has had to correct a defect in the work, claims have been made against the City on account of the Contractor's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling the City to a set-off against the amount recommended providing that the City has given the Contractor written notice stating the reasons for such action. b) c) Retainage - Retainage for each Partial Payment and any Materials Storage shall be ten (10) percent of the total amount of payment. Retainage may be reduced to five (5) percent at the time of substantial completion of the project. No retainage shall be held at Final Payment. Final Payment - Upon a final inspection by the City Public Works Department personnel, the City shall approve the final payment request on the basis of the final quantities installed, providing that the City is satisfied that the work has been satisfactorily completed. If the work has been satisfactorily completed, then payment for the final units installed and re~ainage held by the City will be made to the Contractor following receipt of all properly executed and notarized release of lien forms from the Contractor and his subcontractors. A Contractor's Final Affidavit must be received by the Contractor along with his Final Payment Request and any as-built drawings which may be required. PRE-BID CONFERENCE ~'The City Manager or his representative will convene a joint pre-bid conference at the City Council Chambers on ~ April 2. 199~ at ~ All perspective Bidders should attend this conference so that they have an opportunity to ask cfuestions about the project. Page 3 of 4 Special Terms and Conditions AIRPORT DRIVE WEST 10. PRE-CONSTRUCTION CONFERENCE The City Public Works Dept. shall hold a pre-construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. The City has received Permit No. 42-061-0758NG issued on August 29, 1995 for the stormwater treatment system from the St. John's River Water Management District - and a Wetland Resource Management Permit No. 12-061-0075NG dated October 30, 1995 which authorizes the placement of 804 cubic yards of fill in 0.06 acres of a creek for the installation of a cutverted road crossing. Additional modifications to these permits have been applied for and are pending approval. The City has filed an application with Indian River County for work to be done in the Roseland Road Right-of-Way. All permits should be received prior to the Bid Date. STOP SIGN ~ STOP BAR The City Sign Shop personnel shall install the "Stop Sign" and stop bar for westbound traffic at the intersection of Airport Drive west and Roseland Road at the completion of the project. Page 4 of 4 Special Terms and Conditions AIRPORT DRIVE WEST AGREEMENT FOR THE CONSTRUCTION OF AIRPORT DRIVE WEST (PHASE I) THIS AGREEME/~T, made this __ day of , 1996 by and between the City of Sebastian, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and or its successors, executors, administrators, and assigns (hereinafter called "Contractor"): W I T N E S S ~ T H: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. SGoDe of Work,. Contractor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as described in the contract documents (the "Contract Documents") and agrees to complete the Work in a workmanlike manner in accordance with all applicable codes and in full compliance with the Contract Documents. 2. Contract DOCuments. (a) The Contract Documents consist of this Agreement, NOtice of Invitation to Bid, Bid Bond, Scope of Work, Instructions for Bidders, Special Terms and Conditions, Bid Form, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, all drawings, technical specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The Addenda, if any, are as follows. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by Contractor. The Contract Documents are complimentary, and what is required by one shall be binding as if required by all; performance by Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (b) The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the City and a Subcontractor or a Sub-subcontractor, or, (2) between any persons or entities other than the City and Contractor. (c) The term "Work" means the construction and services required by the Contract Documents, whether completed or partially City of Sebastian Airport Drive West (Phase I) Page 1 of 12 I I I I I I I I i I i 'completed, and includes al! labor, materials, ecfuipment and services provided or to be provided by Contractor to fulfill Contractor's obligations hereunder. The Work may constitute the whole or a part of the project. 3. Contract Sum and Payment ~o Can~actor. (a) Con~ra~t Sum. The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the Contract Documents (the "Contract Sum"). (b) Pro~rss~ payments. The City shall make progress payments on accoung of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. (i) Each Application for Payment by Contractor shall be submitted to the City by the twenty-fifth (25th) day of each month. (ii) Provided an Application for Payment is received by the City not later than the twenty-fifth (25th) day of a month, the City shall make payment to Contractor not later than the tenth (10th) day of the following month. If an Application for Payment is received by the City after the application date fixed above, payment shall be made by the City not later than ten (10) days after the City receives the Application for Payment. (iii) Final payment to Contractor is contingent upon acceptance of the Work by the City. 4. Contractor's Obligations. (a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Con~ractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of th~ Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether tempora~z or permanent and whether or not incorporated or to be incorporated in the Work. (c) Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and ins~ections necessa~/ for proper execution and completion of the work. City of Sebastian Airport Drive wes~ (Phase I) ~ ~ Page 2 of 12 .. I (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) Contractor currently holds and shall maintain at all times during the ts~m of this Agreement all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. (f) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. 5. ~ Contractor warrants to the City that all materials and labor furnished under this Agreement shall be free from any and all defects for a period of one (1) year from the date of completion of the Work, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 6. CorT~ection of Work, (a) Contractor shall, at no cost to the City, promptly correct work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The .-provisions of this Paragraph 6 apply to the Work done by Subcontractors as well as to the work done by direct employees of Congractor. (b) Nothing contained in this Paragraph 6 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 6(a) above relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documunts may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Congractor's obligations other than specifically to correct the Work. f Sebastian Airport Road West (Phase I) Page 3 of 12 '1 I I I I I I I I I I I I I i I i I 7. $Dbcontracts~ (a) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the work. (b) A Supplier is a person or entity who has a direct contract with Contractor to provide materials and/or supplies required to perform a portion of the work. (c) Unless otherwise stated in the Contract Documents or the bidding requirements, Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City the names of the Subcontractors and Suppliers for each of the principal portions of the work. Contractor shall not contract with any Subcontractor or Supplier to whom the City has made reasonable and timely objection. Contracts between Contractor and its subcontractors and Suppliers shall require each Subcontractor and Supplier, to the extent of the work to be performed by the Subcontractor and the material and/or supplies to be provided by the Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all ~he obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. 8. T_~ The term of this Agreement shall be the number of consecutive calendar days accepted and approved by the City based upon the number of days the Contractor has designated on the Bid Form to complete the project. I I i I i I 9. ~z~nina~ion~ (a) ~D_r_--~- If Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the City may, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, terminate this Agreement. (b) without Caul. The City retains the right to cancel this Agreement at 'any time, with or without good cause, upon written notice to Contractor when such termination is deemed by the City council, or their designee, to be in the public interest. (c) p~avment upon T~r~ination. In ~he event of termination as provided herein, Contractor shall be paid for services performed through the date of termination, less damages incurred by the City as a result of Contractor's failure 5o carry out the work in accordance with ~he Contract Documents and Contractor's failure to perform any provision of this Agreement. I I I City of Sebastian Airport Drive West (Phase I) Page 4 of 12 10. ~ TO the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to a~torney's fees, arising out of or resulting from performance of the Work, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees. Contr~.ctor hereby acknowledges that the obligations imposed upon the city and the terms of this AGreement are the specific consideration for the indemnification provided herein. 1!. Insurance. Contractor shall procure and maintain during the life of this AGreement insurance of the types and subject to the limits set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of the Work in the form of Certificates of Insurance which shall be subject to the City's approval for adequacy. (a) ~lo~kers' Comnensation. Contractor shall purchase from and maintain in any company or companies lawfully authorized to do business in Florida, workers' compensation insurance as required by law. (b) Commercial General Liabili.~¥. Contractor shall provide and maint~lin during the life of this AGreement, at Contractor's own expense, Commercial General Liability insurance with a combined sing'le limit of at least $300,000. (c) Commercial Auto Liabilii¥. Contractor shall provide and maintain during the life of this Agreement, aa Contractor's own expense, Commercial Auto Liability insurance with a combined single limit of $300,000. 12. Performance ~uTd Payment Bond, "Section 255.05 of the Florida Statutes requires that any bidder who obtains a contract from _a City to perform a public works project must post a performance and payment bond unless the City waives such bond. In the event the City waives the bonding requirements, the following will apply: (a) The successful bidder must present an insurance certificate to the City that verifies workers' compensation insurance, as required by Florida law and (b) A g~neral liability policy with the combined single limit of at least $~.00,000 and (c) A 10% retainer fee will be withheld until the contractor presents an affidavit to the City that it has paid all subcontractors, laborers and materialmen for the work which has been performed and evidence from each subcontractor, laborer and materialmen of such payment. i I I City of Sebastian Airport Drive West (Phase I) .~ PaGe 5 of 12 i I 13. As~icOument, Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 14. Notices. Ail notices, requests, consents, and other communication required or Dermitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn: Thomas W. Frame, City Manager t225 Main Street Sebastian, Florida 32958 WITH A COPY TO: Clifton A. McC!elland Jr., P.A. City Attorney c/o Potter, McClelland, Marks and Healy, P.A. P.O. Box 2523 Melbourne, Florida 32902-2523 IF TO CONTRACTOR: 15. ~ Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms ~hat the contract time is a reasonable period for performing the Work. 16. Conflict of Interest~ (a) Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflicu in any manner with the performance of services required hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the work. (b) Contractor shall promptly notify the City in writing by certified mail of all potential conflicts of interest prohibited by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence Contractor's judgment or cfuali~y of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request the opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a City of Sebastian Airport Drive Wes~ (Phase !) ~_~ Page 6 of 12 conflict of interest if entered into by Contractor. The City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the City by Contractor under the terms of this Agreement. 17. Compliance with All .Apnlicable Federal Laws~ Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC ~7506(c)), The Endangered Species Act (16 USC ~1531, e~ se~), ]Zxecutive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The wild and Scenic Rivers ACt (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 18. Li~uidated. Dama~es~ In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive as liquidated damages the amount(s) specified in the Contract Documents. It is expressly acknowledged by Contractor tha[~ said payment shall not be interpreted nor construed as a penalty but is in fact a wood faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the COntract Documents. 19. Bid, ._Performance, and Pavmen~ Bonds. Bid, Performance, and Payment Bonds are required for ~his contract in accordance with Section 17 and 22 of the Instructions for Bidders. 20. Drum-Free work~lace, Contractor, in accordance with Florida Statute 287.087, hereby certifies that Contractor does: (a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled :rubstance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such g~rohibition. sebastian Airport Drive west (Phase I) Page 7 of 12 (b) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. (c) Give each employee engaged in providing the commodities or contractual services that are required hereunder a cody of the statement specified in Subparagraph (a). (d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the commodities or contractual services that are rec/uired hereunder, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (e) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in ~he employee°s community, by any employee who is so convictad. (f) Mak~ a ~ood faith effort to continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). A FULLY EXECUTED DRUG FREE WORKPLACE FORM (APPENDIX B3) SHA/~L BE ATTACHED TO AND MADE AN INTEGRAL PART OF THIS AGREEM]SNT. 21. Public Entity Crimes~ (a) Contractor hereby acknowledges, represents and warrants: (i) That a "public entity crime" as defined in Paragraph 287.133(!)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of ~he United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of ~he United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. (ii) That "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public en~ity crime, with or without an adjudication of guilt, in any federal or state trial court of City of Sebastian Airport Drive West (Phase I) Page 8 of 12 .. ! record relating to charges brought by indictment or information after July l, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. (iii) That an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: 1. A predecessor or convicted of a public entity crime; or successor of a person 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida. during the preceding 36 months shall be Considered an affiliate. (iv) That a "person" as defined in Paragraph 287.133 1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States wi~h the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public en'5ity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. (b) Based on information and belief, the statement which Contractor has marked below is true in relation to Contractor submitting this sworn statement. [indicate which statement aDDlies.] Neither Contractor, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent ~o July 1, 1989. Sebastian Airport Drive West (Phase I) Page 9 of 12 ..! Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before' a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place Contractor on the convicted vendor list. [attach a copy of the final order]. (C) CONTRACTOR UNDERSTANDS THAT THE ACKIgOWLEDGTIE/gTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SU~ ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT THE TERM OF THIS AGREEMENT SHALL EXTF_/gD BEYOND THE ~%LF_/gDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRII~ES, FORM PUR. 7068, AS REVISED FROM TIldE TO TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF A}~ CHANGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21. A FULLY EXECUTED SWORN STATEMENT ON PUBLIC ENTITY CRII~/~S (EXHIBIT Bi AND B2) SHALL BE ATTACHED TO AND MADE AN INTEGRAL PART OF THIS AGREEM~I~f. 22. Entire.and Sole AGreement. Except as specifically stated herein, the Contract Documents constitute the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth in the Contract Documents. Neither paruy has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contract Documents. 23. ~uccessors and Assi~n~ Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 24. Attorney's Fees. In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled to recover such further amounts, ~o ~he extent lawful, as City of Sebastian Airport Drive West (Phase I) Page 10 of 12 shall be sufficient to pay the cost and expenses of enforcement, including reasonable attorney's fees, both at trial and all appellate levels. 25. ~ No remedy herein conferred upon any party is intended to be exclusive of any ocher remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 26. Governinq .~aw. The Contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Documents shall be in Indian River County, Florida. 27. ~9~ Neither the Contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 28. ~ The failure of any of the parties at any time to require performance of any provision of the Contract Documents shall in no manner affect the right of such party at any lager time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be' construed or deemed to be a waiver of any other condition or any other breach of any term, covenant dr warranty contained in the Contract Documents. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed his, i~s, or their names, or name. CITY: ATTEST: THE CITY OF SEBASTIAN, FLORIDA Kathryn M. O'Halloran CMC/AAE, City Clerk (Corporate Seal) By: Name: Title:~MMavor of Sebastian Approved as to Form and Legal Sufficiency: Clifton A. McC!elland Jr., City Attorney City of Sebastian Airport Drive West (Phase I) Page 11 of 12 ,Signed, sealed and delivered in the presence of: Name: Name: CONTRACTOR: By: Name: Title. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowladged before me this day of ., 1996 by , the of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. Notary Public, State of Florida Printed Name Commission Number STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day ~'f , 1996 by , on behalf of CONTRACTOR. He/she is personally known to me or produced as identification. Notary Public, State of Florida Printed Name Commission Number City of Sebastian Airport Drive West (Phase I) Page 12 of 12 CITY OF SEBASTIAN AIRPORT DRIVE WEST PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) , hereinafter called Principal and (Coporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Sebastian, Florida, whose address shall be known as "City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958" in the total aggregate penal sum of 100% of the contract amount equivalent to (written amount of contract) ~ Dollars($ ) (numerical amount) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. .._THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Sebastian, dated the day of .., 1996, a cody of which is heret° attached and made a part hereof for the construction of the the City of Sebastian Air~ort Drive West (Phase I). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extension thereof which may be granted by the City of Sebastian, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL ~hal! satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and Page 1 of 3 ~hall reimburse and repay the City for all costs which it may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompaying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended, automatically and immediately, without formal and separate amendments hereto, upon amendment to the ..Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended, the term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. ~' PROVIDED, FURTHER, that no final settlement between the City ~f Sebastian and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The City is the only beneficiary hereunder. I. IN WITNESS WHEREOF, this instrument is executed in ~ounterparts, each of which shall be deemed an original, this the ~ day of , 1996. ATTEST: By Principal ) Secretary SEAL ) (Witness as to Principal) (Principal) Signature Printed Name & Title Address (Address) (Surety Typed or Printed) Page 2 of 3 PERFORMANCE BOND AIRPORT DRIVE WEST ATTEST: witness to Surety BY Attorney-in-Fact (Signature) Printed Name and Title (Address) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If the Contractor is a partnership, all partners should execute the Bond. IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. Page 3 of 3 PERFORMANCE BOND AIRPORT DRIVE WEST CITY OF SEBASTIAN AIRPORT DRIVE WEST' PAYMENT BOND KNOW ALL-PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a .............. , hereinafter called PRINCIPAL (Corporation, Partnership, or Individual) and (Name of Surety) hereinafer called SURETY, are held and firmly bound unto the City of Sebastian, Florida, whose address shall be known as "City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida, 32958" and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the Contract and to their successors and assigns in the total aggregate penal sum of 100% of the Contract amount equivalent to '(Written amount of Contract) Dollars ($ ) in lawful money of the United (Numerical Amount) States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the City of ~ebastian, dated the ~day of , 1996, a copy of which is hereto attached and made a part hereof for the 9onstruction of Airport Drive West (Phase I) at the Sebastian Municipal Airport. NOW, THEREFORE, if the PRINCIPAL shall promptly make payment Lo all persons, firms, and corporations furnishing materials for or ~.erforming labor in the prosecution of the WORK provided for in Such contract, and any authorized extensions or modification ~hereof, including all amounts due for materials, lubricants, oil, gasoline, diesel fuel, electricity, repairs on machinery, equipment and tools, consumed or used in connection with the construction of ~uch WORK, and for all labor cost incurred in such WORK including Page 1 of 3 i ! that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms, and corporation having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, · that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way effect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the ~!TY,. or the SURETY abovenamed within ninety (90) days after such clalmant did or performed the last of the work or labor, or ~urnished the last of the materials for which said claim is made, ~tating with substantial accuracy the amount claimed and the name 6f the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served By mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, CITY, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Florida save that such ~ervice need not be made by a public officer. (b) After the ~xpiration of one (1) year following the date on which PRINCIPAL ~eased work on said CONTRACT, is being understood, however, that if ~ny limitation embodied in the BOND is prohibited by any law ~ontrolling the construction hereof, such limitation shall be ~eemed to be amended so as to be equal to the minimum period of Iimitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that this BOND ~hall be deemed amended automatically and immediately, without .formal and separate amendments hereto, upon amendment to the dontract not increasing the contract price more than 20 percent, so ~s to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", Wherever used in this BOND and whether referring to this BOND, the contract or the Loan Documents shall include any alteration, addition, extension or modification of any character whatsoever. Page 2 of 3 PAYMENT BOND AIRPORT DRIVE WEST PROVIDED, FURTHER, that no final settlement between the CITY and the CONTRACTOR shall abridge the right of any beneficia~%z hereunder, whose claim may be unsatisfied. WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each of which shall be deemed an original, this the day of , 1996. ATTEST: ( Principal ) By: (Signature) (Printed Name and Title) (Address) (Surety Typed or Printed) i SEAL) (Principal Secretary) (Witness as to Principal) (Address) ATTEST: (Witness as to Surety) (Attorney-in-Fact Signature) (Address) (Printed Name and Title) (Addres s ) NOTE: Date of Bond must not be prior to date of the Agreement. If Contractor is a partnership, all partners should execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. Page 3 OF 3 PAYMENT BOND AIRPORT DRIVE WEST 1-00 2-00 3-00 4-00 5-00 6-00 7-OO 8-00 9-00 FOR AIRPORT DRIVE WEST (PHASE I) CLEARING AND GRUBBING 1-01 Limits of Clearing EXCAVATION AND FILL 2-01 Excavation 2-02 Supplemental Fill CONCRETE DRAINAGE STRUCTURES 3-01 Description 3-02 Materials 3-03 Construction PIPE CULVERTS 4-01 Description 4-02 Materials 4-03 Construction Details MITERED END SECTIONS 5-01 Description 5-02 Construction RiP RAP SPLASH APRONS AND HEADWALLS SOIL AND BASE COURSE COMPACTION CONTROL 7-01 Description 7-02 General 7-03 Compaction Testing CONCRETE CURB AND GUTTER 8-01 Description 8-02 Materials 8-03 Excavation and Formwork 8-04 Placement of Concrete 8-05 Expansion Joints 8-06 Removal of Forms and Finishing 8-07 Backfill STABILIZED SHOULDER 9-01 Description 9-02 Florida Bearing Value 9-03 Construction Details Page 1 of 16 Airport Drive West (Phase I) "I 11-00 12-00 13-00 14-00 15-00 16-00 I0-01 Description 10-02 Grading PREPARATION OF THE SUBGRADE ii-01 Description 1!-02 Construction Details 11-03 Compaction BASE COURSE FOR ASPHALT PAVEMENT 12-01 Description 12-02 Cemented Coquina Base Course 12-03 Prime Coat 12-04 Construction ASPHALT PAVEMENT 13-01 Description 13-02 Limitation of Laying Operations 13-03 Tack Coat 13-04 Asphaltic Concrete SOD 14-01 Description 14-02 Materials 14-03 Preparation of Ground 14-04 Placing Sod 14-05 Watering GUARD RAILS 15-0! Description 15-02 construction Methods and Materials BASIS OF PAYMENT 16-01 General 16-02 Clearing and Grubbing 16-03 Excavation and Fill 16-04 Concrete Drainage Structures 16-05 Pipe Culverts 16-06 Mitered End Sections 16-07 Rip Rap Apron and Headwalls 16-08 Soil and Base Course Compaction Control 16-09 Concrete Curb and Gutter 16-10 Stabilized Shoulder 16-11 Swale Grading 16-12 Preparation of the Subgrade 16-13 Base Course for Asphalt Pavement 16-14 Asphalt Pavement" 16-15 Sod 16-16 Guard Rails Page 2 of 16 AIRPORT DRIVE WEST (PHASE I) 1-00 1-01 CLEARING AND GRUBBINQ - Clearing and grubbing shall consist of complete removal and disposal of all brush, stumps, roots, grass, weeds, and all other obstructions resting on or protruding a 10" depth of the final to be cleared and grubbed. to and dumped at approved landfill or other-sites Sebastian. through the surface or within grade elevations of the areas Ail debris shall be hauled sites such as the County as approved by the City of Side slopes and backslopes shall be protected i~ediately upon completion of rough grading. Ail earthwork shall be planned and conducted in such a manner as to minimize erosion during construction. Silt fences and screens shall be placed wherever necessary to prevent silt from being carried off site and into a neighboring stream or swale area. LIMITS OF CLEARING - The limits of clearing and grubbing shall extend from 35 feet on both sides of the center!ine as shown on the typical section. 2-00 2-01 2-02 F~ - The Contractor shall excavate to the depth of the bottom elevation of the base course for the road. Ail suitable excavated material shall be reused where needed such as on side slopes along the sides of the roadway or in any area where the existing soil is unsuitable to receive the base material. All unsuitable or excess material shall be reused on the jobsite in non- load bearing areas i.e. not under the pavement, shoulders or under or around culverts and drainage structures by the Contractor. Ail side slopes shall be protected immediately upon completion of rough grading to minimize erosion. In areas to be sodded, fill should be brought up to and cut shall be excavated to a minimum of one tenth (0.1) of a foot below finished grade to receive sod. SUPPLEMENTAL (BORROW) FILL - If it is necessary to fill areas, the Contractor shall haul suitable, clean backfill to the site, spread it, grade it, and compact it. The source and quality of backfill brought on the site must receive prior approval by the City Engineering Representative. The City Public works Dept. reserves the right to reject any fill material which it deems unsuitable for reuse on the project. Fill must be PAGE 3 OF 16 AIRPORT DRIVE WEST (PHASE I 3-00 3-01 3-02 3-03 4-00 4-01 4-02 compacted to a minzmum o~ 98% of maximum density under all areas to be paved, and to a minimum of 85% of maximum density under all non-paved areas. DRAINAGE c~: Under this heading, the Contractor shall construct modified FDOT Type C inlet structures as shown on the plans and detail sheet. ~: Tile materials used in construction of these structures shall comply with Sections 346 and 347 "Concrete Class I", Section 415 "Reinforcing Steel", and Section 425-3 "Materials" of the 1996 Edition of the Florida D.O.T. Standard Specifications for Road and Bridge Construction. Ail concrete shall be a minimum of 3000 psi, 28 day breaking strength. Ail steel shall be a minimum of Grade 40 and shall be relatively free from rust at the time of placement. Ail steel shall be tied together and positioned so that it meets the minimum cover requirements as set forth by the American Concrete Institute. Construction: The FDOT Type "C" inlet structures should be precast. All exposed edges on the concrete surfaces shall be rounded using an edging tool having a 1" radius. All steel ties, shall be severed flush or recessed within the face of the walls. All lifting rings shall be either removed or bent over flush with the face of the concrete surface and covered with mortar. Concrete surfaces having excessive honey-combing may be grounds for ~ejection of the structure or portion thereof by the Engineer. All structure walls shall be straight lined and vertically plumb. The top of the structures shall level with the horizontal and shall have a light broom finish. Knock out sections or circular holes shall cast in the structure on sides where pipes are shown to be installed. Knock out sections or holes on the wrong sides shall be cause for rejection by the City. A new structure shall be cast and funished to the City at the Contractor's expense. PIPE CULVERTS Description: Under this item the Contractor shall furnish and place new pipe culverts of the size and type and at the invert elevations as shown on the Plans. ~: Reinforced concrete pipe (RCP) culverts shall be Class III," O" ring gasketed pipe, 8 feet long per section and shall conform to the 1996 Florida Department of Transportation Standard Specifications, Section 941 "Concrene Pipe" PAGE 4 OF 16 AIRPORT DRIVE WEST (PHASE i) 4-U~ 5-00 5-01 5-02 Constructzon ~: Ali pzpe snail be care~ul±y true to the lines and grades as shown on the Plans. The bottom of the trench shall be shaped to give a substanti- ally uniform circumferential support to the lower third of each pipe. No pipe shall be laid in the water nor on unsuitable material. Where unsuitable material is encountered under the bedding of the pipe, it shall be excavated to a depth suitable to the Engineer and backfi!led with suitable material. Backfilling of the pipe trench shall be done in three stages as follows: In the first stage, fill shall be compacted beneath the haunches of the pipe, using mechanical or haunch tampers suitable for this purpose. In the second stage, a we!l-compacted bed shall be prepared and fill compacted along the sides of the pipe and to a point at least six (6) inches above the top of the pipe. In the third stage, the remainder of the trench shall be backfilled with suitable material which shall be compacted in lifts not to exceed twelve (12) inches with a vibratory mechnical tamper. Compaction in pipe trenches shall achieve a minimum of 98% of the maximum density in accordance with Section Soil and Base Course Compaction Control of these specifications. ~D_~Jg~PJ~: Under this item the Contractor shall construct two concrete mitered end sections at both ends of the 15" RCP under the driveway within the County Roseland Road right-of-way. Construction: Both mitered end sections shall be constructed in accordance with Sheet 1 of 5 of the latest edition of the Florida Department of Transportation Road Design Standards, Index No. 272 and in accordance with Section 347 the 1996 Edition of the Standard Specifications for Road and Bridge Construction. Concrete shall be a minimum of Class I 2500 psi breaking strength. The surface of the concrete shall have a light broom finish. PAGE 5 OF 16 AIRPORT DRIVE WEST (PHASE I) 7-00 7-0l 7-02 7-03 RIP RAP SPLASH ~ .AND li~a%~2LLi~_z Rip Rap splash aprons and headwalls shall be located in the area of the 42" pipe culvert as shown on the plan. Sand-cement rip- rap shall consist of five parts of d~, clean, white sand thoroughly mixed with one par5 of ~ype I Portland cement and placed in suitable cloth (burlap) bags (plastic bags will not be allowed) tO approximately the same size, i.e., 80# and 5" x 12" x 16" Each bag shall be carefully placed and rammed against the adjacent bags to form a tight joint. Rip-rap shall be placed below the level of the pipe as shown on the plans. Rip Rap bags for the headwail shall be fastened together with No. 6 rebars driven through the bags on 18" centers after they are laid. Description: The Contractor shall be required to have sufficient soil compaction tests made by an independent testing laboratory as directed herein. General: The testing laboratory will be selected by the Contractor but shall meet the approval of the City. The costs of all compaction testing shall be paid by the Contractor. Retesting required as a result of failures will also be at the Contractor's expense. One copy of each test report signed, sealed, and dated by a Florida Registered Professional Engineer representing the testing laboratory, shall be delivered immediately following the test to. the City for review. In no case shall the Contractor proceed to construct the coquina base course on the subgrade or the asphalt wearing surface on the base course until the tests prove satisfactory and approval is given by the City. ~ ~: In general, compaction tests on the subgrade and base course will be in accordance with the AASHTO T-180 (Modified Proctor) Test. Both the subgrade and base courses shall be compacted to a minimum of 98% of the maximum density of the subgrade and base course material. Exact locations of the tests will be determined by the soils laboratory representative or City Engineer- ing Staff, but in no case shall the tests exceed 300 foot intervals. Page 6 of 16 AIRPORT DRIVE WEST (PHASE 8-01 8-02 8-03 8-04 8-05 D~: Under this item the Contractor shall,.,,~ construct a standard FDOT Type "F" concrete curb and gutter in conformance with the typical section on Page 1 of FDOT Index No, 300 and at the vicinity of the 42" pipe crossing as shown on the Plans. ~: The concrete placed shall conform to the Florida D.O.T, Standard Specifications for Road and Bridge Construction, 1996 Edition, Section 347 for Non- Structural Class I, 2500 psi concrete. F~Qa_Y~u~_~l and ~: Excavation shall be to the required depth and the foundation material shall be compacted to a minimum of 95% of maximum density in accordance with AASHTO T-180 (Modified Proctor). All forms shall be set true to line and grade and held rigidly in position. Forms shall be either wood or metal, and they shall be straight, free from warp or bends, and of sufficient strength when staked to resist the pressure of the poured concrete without springing. Concrete curbs may be constructed by a slip form method approved by the Engineer prior to construction. ~ of ~: Concrete shall have a 3 to 5 inch slump and shall be placed so as to eliminate honey- combing. The concrete shall be compacted by working or pading by hand along the faces of the rear and front forms for the full depth. Spacer blocks previously placed between and below the tops of the face and back forms shall be removed immediately prior to their being buried by the concrete pour. Concrete shall not be placed during rain, when the threat of rain is imminent, or when there is standing water between forms. If, however, the concrete curb has been cast and an unexpected rain shower passes over the site before the concrete has had sufficient time to set, the Contractor shall adequately protect the curb from water damage. Repair or removal and replacement of the curb because of water damage will be at the Contractor's expense. ~ and ~ Joints: NO expansion joints shall be required for this particular project because of the short lengths of the curbs. Contraction joints shall be saw cut in the finished curb and gutter section for a minimum depth of 2 inches within 72 hours after the concrete has been poured. The contraction joints shall be sawn at ten (10) foot intervals. 8-06 Removal of Forms and ~: After the concrete has attained its initial set, the face forms shall be removed and the exposed faces of the curb shall be immediately Page 7 of 16 AIRPORT DRIVE WEST (PHASE I) 8-07 9-00 9-01 9-02 9-03 uniform surface. Any minor defects will be filled with mortar composed of one part portland cement and two parts fine aggregate. Any section of curb which appears to have extensive defects, may be required by the City Engineer- ing Staff to be removed and replaced at the Contractor's expense. Back forms shall be left in place at least 24 hours before being removed unless curbs are slip formed. ~: After the concrete has set sufficiently but not less than two days after pouring, the excavated areas adjacent to the face and back of the curb shall be backfilled to the required elevation with suitable fill material. The backfill shall be compacted to a firmness approximately equal to or greater than that of the undistrubed soil adjacent to the curb. Any section of curb which is disturbed or damaged during backfill and compaction or other construction operations may be required to be repaired or replaced as directed by the City Engineering staff at the Contractor's expense. Description: Four (4) foot wide stabilized shoulders shall be constructed adjacent to the roadway prior to paving the asphalt wearing surfaces in areas shown on the plans. ~ ~ Value: The shoulders shall have a minimum bearing value of 50 pounds per square inch (psi) as determined by the Florida Bearing Value test. In an area where the bearing value is less than 50 psi, marl or other stabilizing material approved by the Engineer shall be furnished by the Contractor, spread, and mixed in accordance with Section 160-5.3 "Mixing" of the 1996 Edition of the Florida D.O.T. Specifications at no cost to the City. Construction Details: The shoulder shall be shaped, graded, and rolled to conform to the lines and grades as shown on the Plans. Fine grading of the shoulder to its final profile less the depth for the thickness of the sod shall be accomplished after the base course is completed and prior to-paving the asphalt surface. The shoulder shall be stabilized to a minimum of 4" in depth and shall be compacted to a minimum of 95% maximum density in accordance with AASHTO T-180. The surface of the shoulder shall be shaped to within 0.! foot of the typical cross section. The shoulder shall be sodded in accordance with these specifications. Page 8 of 16 AIRPORT DRIVE WEST (PHASE I) 10-01 10-02 ~ - The Contractor shall grade the swale areas in accordance with the lines, grades, and cross sections' as shown on the Plans. gar~ - Grading of the swale to its final profile as shown on the Plans shall be accomplished after the existing ground has been excavated or filled as close as possible to the design elevations. Fine grading of the swale areas will be done by a motor grader unless otherwise approved or directed by the Engineer. Hand dressing will not be required except as necessary in confined areas where equipment operation is restricted. The Contractor shall maintain and keep open and free from sticks, rubble, and other debris, all swales graded by him until final acceptance of work. ii-00 11-01 11-02 11-03 P~: - The subgrade will be constructed such that after being compacted, it will conform to the line and grade, and cross section as shown on the Plans. Construction ~ - The subgrade shall be shaped, graded, and rolled or tamped to conform to the lines and grades as shown on the typical cross section. Fine grading of the subgrade to its final profile shall be accomplished after the existing ground has been excav- ated, or filled as required, if in a fill area, fine grading of the subgrade shall be accomplished after fill and stabilizing material is spread and compacted. ~ - The subgrade in both cuts and fills shall be compacted to a minimum of 98% of the maximum dry density. (See Item 7-00 "Soil and Base Course Compaction Control" of these Specifications for testing procedures.) The required density shall be maintained until the base course has been constructed. The subgrade shall be compacted with an approved self-propelled steel drum roller or flat plate vibrating tamper. Ail hollows and depressions which develop under rolling shall be filled in with suitable material. The process of grading and rolling or tamping shall be repeated until no depressions develop. After compaction, the top surface of the fine grade shall be true to line and grade at all locations with a maximum tolerance of 1/2"± from plan grade. If the fine grade becomes rutted or displaced due to any cause whatsoever, the Contractor shall regrade it. In no case shall the Contractor proceed to construct the base course on the subgrade until the subgrade has been tested for compaction, line and grade is checked and approved by the City Public Works Dept. Page 9 of 16 AIRPORT DRIVE WEST (PHASE I) i~.. O0 12-01 12-02 BASE COURSE FOR ASPHALT WEARING SURFACE ~ - A compacted cemented coquina base course shall be constructed in accordance with the typical Section as shown on the plans. Materials shall be in accordance with Section 9!5 of the !996 FDOT Std. Specifications for Road & Bridge Construction ~ Coquina Base ~ - The cemented coquina base course shall be constructed in accordance with the lines, grades, and typical sections as shown on the plans, and with Section 260 "SHELL STABILIZED BASE" of ~he Florida DOT Std. Specifications. The finished surface of the base course shall be thoroughly wetted and rolled to achieve a tight bond so that the material does not spail or ravel prior to application of the prime coat. The coquina shell shall be quarried from a FDOT approved shell pit only. 12-03 Prime Coat: When the cemented coquina base course has been completed and accepted by the City Public Works Dept. as conforming to the above specifications, it shall be primed with a rapid curing liquid cut-back asphalt conforming to Grade RC-70, or RC-250 as specified in Section 300 of the 1996 Florida DOT Standard Spec- ifications. The surface of the base material is to be cleaned after final compaction and the moisture content of the base shall not exceed 90 per cent of the optimum moisture before the prime coat is applied. The prime coat shall be applied uniformly with a pressure distributor. The entire length of the spray bar shall be set at the height above the surface recommended by the manufacturer for even distribution. The rate of application of prime coat shall be between 0.15 and 0.25 gallons per square yard at a temperature between 100 F to 150 F. The prime coat surface shall be kept free from traffic until the surface dries. NO ASPHALT SHALL BE PAVED ON THE BASE UNTIL 48 HOURS AFTER THE PRIME COAT IS APPLIED, UNLESS PRIOR APPROVAL IS OBTAINED FROM THE CITY PUBLIC WORKS DEPARTMENT. If the application of the prime coat ponds in any one area on top of the base course, the excess prime coat shall be removed by the Contractor prior to lay±ng of the asphalt, so that the prime coat will not bleed through the asphalt wearing surface. 12-04 Construction - ~ The cemented coquina base course shall be constructed on top of a compacted subgrade accepted by the Engineer. The base course shall be compacted to a minimum of 98% of maximum density in accordance with AASHTO T-!80. The base course shall extend a minimum of 6" beyond the proposed finished edge Page 10 of 16 AIRPORT DRIVE WEST (PHASE 13 -00 the line and grade as shown on ~he t!mp~cal cross sectmon. Tolerance for thicknesses and variances from surface grade shall be in accordance with the 1996 Florida D.O.T. Specifications. ASPHALT PAVEMENT 13-01 13-02 13.03 13 ~escrimtiona The Contractor shall construct an asphalt concrete wearing surface for pavement upon a previously prepared base course conforming to the lines and grades, as shown on the typical cross section. LJ~ of Lavin~ Omerations~ Bituminous materials shall be applied only when the temperature of the air in the shade is above fifty degrees Fahrenheit (50 F). Any bituminous mixture caught in transit by a sudden rain may be laid at the Contractor's risk. However, no work shall be started if local conditions indicate that rain is imminent, and under no circumstances shall the mixture be !aid while rain is falling~ or when there is standing water on the base course. When wind is blowing to such an extent that sand, dust, etc. are being deposited on the surface being paved such that the bond between the base course and asphalt will be diminished, the bitum- inous materials shall not be spread on the surface. The prime coat on the base course must be broomed clean prior to receiving the asphalt. Tack Coat: Where a tack coat is required prior to application of the asphaltic concrete wearing surface against as existing asphalt or concrete surface, an Emulsified Asphalt, Grade RS-2 or EPR - i Prime shall be used which meet the requirements of Section 916-4 of the 1996 Florida DOT Standard Specifications. The tack coat shall be applied uniformly with a pressure distributor or by hand at the rate of 0.05 gallons per square yard and at a temperature between 100 F and 150 F. The tack coat surface shall be kept free from traffic until the subsequent layer of asphaltic concrete has been laid. Excessive application of tack coat on the existing asphalt surfaces will be eliminated by the Contractor prior, to paving the asphalt concrete. ~ ~ ~ ~ The wearing surface for the road shall be Florida D.O.T. Type S-III asphaltic concrete conforming to the requirements of Section 331 of the 1996 Edition of the Florida Specifications. The material will be laid uniformly so that it will result in a minimum of one (1) inch rolled (compacted) thickness and a maximum of one and one quarter (1 1/4) inch thickness. The asphaltic concrete compacted shall be applied at a temperature of between 2?0 F to 350 F. Heating within these limits shall be constant, and wide fluctuations of temperature during a Page 11 of 16' AIRPORT DRIVE WEST (PHASE i) concrete whose temperature is less than 270 F when delivered to the jobsite may result in immediate rejection for application by the City Public Works Dept. All material rejected by the City Public Works Dept. shall be replaced with specified material, by the Contractor at no additional cost to the City. The asphaltic concrete shall be spread by a suitable type of paving machine designed especially for the spreading of asphalt. The paving operation shall be maintained as continuously as possible, and the speed of the paver should be controlled depending on the type and thickness of the mix being placed. The screed shall be heaued prior to paving. Immediately after the asphaltic concrete is spread, any deviations from the typical section shall be remedied by placing additional material or by removing surplus material while the mixture is still hot. Rolling with tandem steel wheeled rollers should begin as soon as possible after the asphaltic concrete has been spread as specified. Rolling of the longitudinal joint should be immediately behind the paving operation. The initial pass with the roller should be made as soon as it is possible to roll the bituminous mixture without cracking the mat or having the mix adhere to the roller wheels. To prevent adhesion of the mix to the roller, the wheels should be kept moist with only enough water to avoid picking up the material. Finish rolling should be done while the material is still workable enough for removal of roller marks; before the pavement temperature has dropped below 140 F. Abrupt turning of rollers on the paving mix which causes undue displacement should not be permitted. Finish rolling should preferably be accomplished by use of a pneumatic tired roller, whose kneading action provides a traffic seal on the pavement surface. Should any irregularities or defects remain in any course after compaction, they should be removed promptly and replaced with new material to provide a uniform textured surface conforming to line and grade. The finished surface shall be such that it will not vary more than one-fourth inch (1/4") from the ten foot (10') straight- edge applied both parallel and perpendicular to the center line of the pavement. The thickness of the pavement shall vary no more than one-fourth inch (!/4") greater or less than the specified thickness. Correction of deficiencies in pavement thickness will be in strict accordance with those procedures described in Section 330-14 of the 1996 Florida D.O.T. Specifications for Road and Bridge Construction. Page 12 of 16 AIRPORT DRIVE WEST (PHASE I) 14-01 14-02 14-03 14-04 14-05 Description: - In general, the work specified under this Item shall comply with Section 575 of the 1996 Edition of the Department of Transportation Specifications except as modified for this contract. Sod shall be placed along both sides of the as shown in the cross section. ~ New sod laid shall match the existing sod along the length of the road. It shall be delivered to the site in a common commercial size. No sod which has been cut for more than 72 hours shall be used unless authorized by the City after the City representative inspects it. Any sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained properly moistened. o ~_~ of Graund: The areas over which the sod is to be placed shall be graded, fertilized, and moistened prior to placement of the sod. A common 12-8-8 commercial brand fertilizer shall be spread uniformly over the areas to be sodded in accordance with the manufacturer's instructions The finished graded soil shall be approximately 0.10 feet below any abutting paved surface and at root level for adjacent sod. ~ ~ Sodding shall not be performed when weather and soil conditions are unsUitable in the opinion of the City's Public Works Department. The sod shall be placed on the prepared surface with edges in close contact. Sod shall be placed in a neat, orderly manner with little to no gap between pieces of sod. Sod shall not be placed on top of any paved sur- faces. The top of the sod mat shall in all cases be below the edge of the paved surface to permit proper drainage of the paved surface. The Contractor shall roll the sod after it is placed so that it is a uniform height and is assured to be below th~ edge of pavement and lower than edge of the bikepath. ~=~ The sodded areas shall be watered on a regular, daily basis beginning immediately after the sod has been placed by the Contractor. The water used shall' be from the City's water supply system. In no case shall the period of watering be less than two weeks after planting, even if the final acceptance of the Project is given by the City before the two weeks time has expired. Water trucks can be filled from the overhead standpipe behind the Utilities Dept. building on the southeast corner of Main Street and U.S. Highway ~1. If a sodded area must be replanted due to the Contractor's negligence, Page 13 of 16 AIRPORT DRIVE WEST (PHASE 15-00 15-01 15-02 Contractor's expense. GUARDRA!L ~ - The Contractor shall construct guardrails on both sides of the ditch crossing and north and west of the Sky Dive Sebastian entrance. Construction Methods and ~ - The guardrails shall be constructed in accordance with the FDOT Roadway and Traffic Design Standards Index No. 400, Sheet 2, Detail "C" Timber posts shall be set vertically plumb to the depth and offset as shown in Detail "L", Sheet I1 of Index 400. Posts shall be made as per the detail for Tiraber posts as shown on Sheet 12 of Index 400 and spaced 6'3" apart as per Sheet !. End returns shall conform to the standard flare - Detail Plan Sheet 7. Refer to Sheet 6 when constructing the radial guardrail on the curve north of the Sky Dive Sebastian Driveway. All guardrails shall be corrugated sheet steel beams conforming to the current requirements of AASHTO M180, Class A (i2 gage) Type 2 (zinc) coating. 16-00 16-01 All hardware is to be galvanized, and of the size as specified in Index 400 and meeting the requirements of Section 967-1 Rail Elements for Guardrails of the 1996 FDOT Standard Specifications for Road and Bridge Construction. BASIS OF PAYMENT General - Basis ~f P_~ - Basis of payment for all items shall generally include all equipment, labor, materials, tools, and incidentals necessary to complete the work in addition to any other specififed requirement stated below: 16-02 ~ and ~J&w~ - Basis of payment for clearing and grubbing shall be a unit price per acre to clear and grub areas as specified and shall include any transportation costs and landfill fees required for disposal off site. The cost of pipe removal at Sta.'s 17+80N, 15+30N, and 4+00S shall be included in this item. 16-03 ~ and Fill: - Basis of payment shall be a unit price per cubic yard. Earthwork calculations were based on the typical cross section of the road and existing and proposed elevations to determine the amount of cut and fill. Supplemental fill volume was based on deducting the amount of excavated material to be reused on the job site in fill areas plus allowing for 50% more to allow for compaction of the fill and loss due to clearing and grubbing in heavily vegetated areas. Page 14 of 16 AIRPORT DRIVE WEST (PHASE I) !6-0~ 16-06 16-07 16-08 16-09 16-10 16-11 16-12 16-13 a unit price per each type drainage structure installe as per Plan. ~ ~ - Basis of pa!rment shall be a unit price per linear foot of culvert installed, waste pipe and sections of pipe not installed will not be paid for by the City. ~ End $_e~ - Basis of payment shall be a unit price per each mitered end section constructed as per FDOT plans and specifications. ~ ~ Splash ~ and k~ - Basis of payment shall be a unit price per each splash apron and each headwall. Soil and Base ~ ~ ~ - Basis of payment shall be a unit price per each per test. Modified Proctor tests shall be taken on the basis of one every 900 feet; density tests shall be taken on the basis of one every 300 feet. Florida Bearing Value tests as specififed under Section 9-02 stabilized shoulder shall be taken on the basis of one eve~K 300 feet. There shall be an allowance for two extra Proctor tests and 10 extra density tests for compaction over pipe crossings. ~ Curbs and ~ - Basis of payment shall be a unit price per linear foot of FDOT Type "F" curb and gutter constructed. ~ $]iQI~ - Basis of payment shall be a uni~ price per[inear foot to grade, stabilize and compact the shoulder in accordance with the lines, grades, and cross section shown on the plans. Swale c~ - Basis of payment shall be a unit price per linear foot to fine grade the road side swales in accordance with the lines, grades, and cross section on the plan in preparation of receiving the sod. The cost of grading the two ditch blocks at STA. 5+80 South shall be incorporated in this item. ~ of the $~ - Basis of payment shall be a unit price per square yard to stabilize, grade, and compact the subgrade in accordance with the lines, grades, and cross section as shown on the plan to receive the base course. Base Course for ~ ~ - Basis of payment shall be a unit price per square yard to grade and compact the coquina base course in accordance with the lines, grades, and cross section as shown on the plans and shall include the cost of the prime coat. Page 15 of 16 AIRPORT DRIVE WEST PHASE I) I I I I I I I I I I I I I I I I i I I' I I I I I I I I I I I I I I I I I 16-15 16-16 przce per square yard to lay and compact the asphalt wearing surface equal to or more than the specified thickness as Der the typical cross section as shown on the plan. Smd~ - Basis of payment shall be a unit price per square yard to furnish and install bahia sod including the fertilizer and water necessary to maintain growth of the sod as specififed. Guard ~ - Basis of pa~vment shall be a unit price per linear foot of guard rail installed as per the FDOT standards Page 16 of 15 AIRPORT DRIVE WEST (PHASE I ROLL CALL 1 Mr. Barnes ,~/ Mrs. Damp 'V Mr. Halloran ,j Mr. Taracka x/ Mrs. Canwright / MOTION SECOND ITEM NO. ~,/'2~ ~ ROLL CALL 2 Mrs. Damp "/ Mr. Halloran ~/ Mr. Taracka ~/ Mrs. Cartwright ~/ Mr. Barnes ~/ MOTION SECOND ITEM NO. ~ ROLL CALL Mr. Halloran Mr. Taracka Mrs. Cartwri~t Mr. Barnes Mrs. Damp ITEM NO. ROLL CALL Mr. Taracka Mrs. cartwri~t Mr. Barnes Mrs. Damp Mr. Halioran / irw ROLL CALL Mr. Barnes Mrs. Damp ~'~" Mr. Halloran,~ Mr. Taracka MOTION SECOND SECOND MOTION ITEM NO. ROLL CALL Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright ITEM NO. MOTION szco MOTION ROLL CALL 2 Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Canwright Mr. Barnes ITEM NO. ROLL CALL 3 Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp ITEM NO. ROLL CALL,i Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka MOTION