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HomeMy WebLinkAbout02252004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 25, 2004 - 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 or at I/VWW. CITYOFSEBASTIAN. ORG Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council. limit of ten minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wditen agenda may be added only upon a unanimous vote of City Council members (R-03~14) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS CONSENT AGENDA Allitems on fl~e consent agenda ara considered rou#ne 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 end acted upon separately. 1-8 A. Approval of Regular Meeting Minutes - 2/11/04 04.051 B. ~1o Approve City Manager Travel to FIodda Government Finance Officers Association Conference to Give Presentation, May 3-4, 2004 in Tampa, FIodda (City Manager Transmittal 2/17/04, Letter) 04.052 C. 11-12 Approve City Manager Travel to Florida City and County Management Association 58th Annual Conference May 26-29, 2004 in Palm Beach Gardens, Flodda (City Manager Transmittal 2/17/04) 04.053 D. 13-18 Approve City Clerk Registration and Travel to Four Part Florida Institute of Government Supervisory Skills of Government Employees at UCF in Orlando on 3/15/04, 3/22/04, 4/5/04 and 4/12/04 (City Clerk Transmittal 2/18~04, Info) 04.042 19-20 21-26 04.017 27-32 04.055 33-36 37-40 -04.057 41-42 04.058 43-48 8. 04.015 49-64 65-68 Approve the Closing of the Yacht Club Boat Ramp from 11 pm Saturday, 3/13/04 Until 4pm Sunday 3/14/04 andApprove the Closing of Indian River Ddve from Hardson Street North to Coolidge Street and Sebastian Blvd. From Just Past the Hess Station East to indian River Drive on Sunday, 3/14/04 from 8am Until 4pm for Pelican Island Wildlife Festival (Public Works Transmittal 2/18/04) Resolution No. R-04-07 Accepting the MPO's 2003 Apportionment Plan (GMD Transmittal 2/18104, R-04-07, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ACCEPTING THE 20{33 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOETAN PLANNING ORGANIZATION Resolution No. R-04-08 Final Plat for Sebastian River Landing Phase I (GMD Transmittal 2/18/04, R-04-08, Application, Final Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN RIVER LANDING PHASE I; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE, Authorize City Manager to Execute and Record FP&L Easement for New Police Station (City Attorney Transmittal 2/19/04, Easement, Schedule A) Appove the Expenditure of $1,000 to Complete the Trade-Up of 2003 Hadey Davidson Motorcycle for 2004 Model (Police Dept. Transmittal 2/6/04, Invoice, Memo) Approve List of Streets Recommended for Paving in FY03/04, Approve Additional Appropriation of $168,011 from Transportation Capital Project Fund and Approve Proceeding Accordingly Under a Piggyback Contract from Seminole County with Asphalt Recycling and the Existing Community Asphalt Contract to Complete Work (Engineering/Public Works Transmittal 2/18/04, List, Cost Estimates) Waive the Competitive Bidding Procedures and Authorize Staff to Enter into a Three Year Contract with Melrose Pyrotechnics, Inc. for City's Annual Fourth of July Fireworks Display for Years 2004, 2005 and 2006 (Public Works Transmittal 2/18/04, Form of Agreement, Proposal) COMMITTEE REPORTS/RECOMM EN DATIONS A. Code Enforcement Board Interview Unless Waived, and Appointment Regular Member (City Clerk Transmittal 2/11/04, Applications, Ad, List) Consider Extending the Term of Ms. Eva Schofleld (City Clerk Transmittal 2/10/04, Member List) PUBLIC HEARING - none. 10. 11. 04.059 6~70 04.049 71-76 12. 04.060 ?7-80 04.061 81-I02 04.050 103-104 04.062 105-110 13. 14. 04.021 111-118 15. 16. 17. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othenvise on the agenda - sign-up required- limit of ten minutes for each speaker OLD BUSINESS Update Regarding Maintenance Shed at Barber Street Sports Complex (Public Works Transmittal 2/18/04) Approve Allocation of $99,000 From the Recreation Impact Fees to Complete Various City Park Improvements (Public Works Transmittal 2/18/04, Summary, Code) NEW BUSINESS Approve Suffolk Construction Second Guaranteed Maximum Price Amendment for Construction of City Hall Municipal Project Park in the Amount of $1,625,460.00 (GSA Transmittal 2/19/04, Amendment, Exhibit I, Attachment 1) Authorize Transfer of Funds as Recommended by Staff and Approve Design/Build Construction Services Agreement Contract with Holland Builders of South Florida, inc. for $1,850,480 (Airport Transmittal 2/18/04, Agreement) Approve Ranking and Authorize Staff to Proceed with Stormwater Engineering Service Contract Negotiations with Two Highest Firms (Engineering Transmittal 2/17/04) Consider Passing Ordinance No. O-04-02 Low Income Senior Exemption on First Reading and Schedule Adoption Hearing (Finance Transmittal 2/18/04, Attachment A, 0-04-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: FINANCE, TO CREATE DIVISION 3, ADDITIONAL HOMESTEAD EXEMPTION AT AGE SIXTY-FIVE; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Acknowledgements and Compliments from Residents (HR Transmittal 2/19/04, Letters, Memos) CITY CLERK MATTERS CITY COUNCIL MATTERS Mr. McCollum Mr. Barczyk Mayor Barnes i. Vehicles and Outside Storage on Residential Property Mr. Hill Mr. Coniglio ADJOURN (A# meetings shall adjourn at fO:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 3 If any person decides to appeal a decision with any respect to any matter considered at the above heating or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not prov(ded by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearing Assistance Headphones are Available in ~he Council Chambers for all Government Meetings. Upcoming Meetings: · Regular City Council Meeting- March 10, 2004- 7:00 pm · Special Election Meeting - March ~5, 2004 - 6:00 pm · Regular City Council Meeting-March 24, 2004 -7:00 pm · Regular City Council Meeting - April ~4, 2004 - 7:00 pm · Regular City Council Meeting -Apdl 28, 2004 - 7:00 pm 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 2004 - 7':00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting Febn~aty 11. 2004 Page Two 04.034 04.041 1-16 04.043 17-22 04.044 23-24 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) Mayor Barnes added a proclamation for Step Up Florida as item C of presentation. City Council concurred. The City Clerk noted that Mr. Simmons was unable to attend to accept his certificate of appreciation and would attend on Mamh 10~. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificate of Appreciation to Lisanne Monier for Plannin,q & Zonin.q Service Mayor Bames presented a Certificate of Appreciation to Lisanne Monier. B. Certificate of Appreciation to William Simmons for Code Enforcement Service Mr. Simmons was not able to be present and will attend the March 10th meeting. C.1. Step Up Florida Proclamation Mayor Barnes read the Step Up Ftodda Proclamation and invited the public to come out and walk with him to raise awareness of the need for health and fitness in Flodda. C. Presentation by Representatives from U. S. Fish and Wildlife Service Update Regardin,q 2004 Pelican Island Wildlife Festival at Riverview Park Paul Tdtaik, U.S. Fish and Wildlife Service, addressed City Council on use of Riverview Park and closure of certain streets on March 13 and 14 for the 2004 Pelican Island Wildlife Festival. The City Manager advised that this item will be brought back for formal approval. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 1/28/04 B. Prior Authorization for City Council Travel to Annual National League of Cities Congressional City Conference, March 5-9, 2004 in Washington DC (City Clerk Transmittal 2/3/04, Info) C. Pdor Authorization for City Council Travel to Flodda League of Cities Legislative Action Day, April 13-14, 2004 in Tallahassee, FL (City Clerk Transmittal 2/3/04, Brochure) 2 Regular City Council Meeting Februaq/11, 2004 Page Throe 04.045 25-28 Approve Purchase of Laserfiche Plus Plug-In Software in Amount of $3,567 and Annual Software Support in Amount of $1495 from MCCi, a Subsidiary of Municipal Code Corporation (City Clerk Transmittal 2/3/04, Proposal, Form) 04.046 E. 29-36 Approve Purchase of 2004 Chevrolet Silverado 3500 (1 Ton Cab & Chassis, 4x4) and Authorize the Appropriation of $2,289.00 from the Local Option Gas Tax Fund (Unappropriated Fund Balance) for 2000 lb. Crane Pedistle Mount with a Body Reinforcement Attachment for a Total Vehicle Price of $34,289.00 Based on Piggyback Pdces from Flodda Sheriff's Association Bid ~03-11-0825 (Engineering Transmittal 2/4/04, Bid) 04.011 F. 37-42 Resolution No. R-04-03 Final Plat Approval of Collier Creek Estates Phase 6 (GMD Transmittal R-04-03, Application, Final Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES PHASE VI; PROVIDING FOR CONFLICTS HEREWITH, PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-04-03 by title. MOTION by Coniglio/Hill "1 move that we approve consent items A through F." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carded 5-0 9. 10. COMMITTEE REPORTS/RECOMMENDATIONS - none. PUBLIC HEARING - none. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occun'ed or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker None. 3 Regular Ci~ Council Meeting Feb~ua~3/11, 2004 Page Four OLD BUSINESS 04.016 A. 43-52 Citizen Appointment to Indian River County School Planninq Citizen Oversight Committee - Sebastian Representatives (City Clerk Transmittal 2/4104, Applications, ad) City Council interviewed Ed Seeley and Mary Wolff and Mayor Barnes called for nominations. Mr. McColllum nominated Mary Wolff. Since there were no other nominations, Mary Wolff was appointed to the Indian River County School Planning Citizen Oversight Committee. 12. NEW BUSINESS 04.047 53-58 Approve Contract Entitled "Rehabilitation of Runway 9-27 and Construct Full-length Parallel Taxiway" to Community Asphalt Corporation for ~;1,087,052.90 and Authorize Staff to Execute Work Authorization #'~6 with the LPA Group, Inc. in the Amount of $88,138 {'Airport Transmittal 2/2/2004, Bid Tab, Letter, Proposal) The Airport Director addressed City Council on the project and received accolades from City Council. In response to Mr. McCollum, he stated that using LPA Group, which is familiar with the project, will save the City money and will protect the City's investment. He noted that the City does have a general services contract with LPA and this is not outside the scope cf their services. MOTION by Barczyk/Hill "Move to award contract entitled "Rehabilitation of Runway 9-27 and Construct Full- length Parallel Taxiway" to Community Asphalt Corporation for $1,087,052.90 and authorize staff to execute "Work Authorization 16" with the LPA Group, Inc. in the amount of $88,138." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 04.048 69-72 Approve Second Assignment of Aerotrace, Inc. Lease at Sebastian Municipal Airport to DeShea Aviation, Inc. (Airport Transmittal 2/2/04, Consent) The Airport Director addressed City Council on the assignment of the Aerotrace lease which has been purchased by DeShea Aviation, Inc. The City Attorney said the lease can be assigned but for clarity to add "with Bdan Barry" and Aerotrace Inc. and that a copy of the assignment of lease will be obtained for the file. 4 Regular City Council Meeting Februaq/11, 2004 Page Five MOTION by Coniglio/Hill "1 move to approve Consent to Second Assignment of Airport Lease between Aerotrace and Brian Barry and City.' (with amendment for clarification to add Brian Barry) Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 04.049 73-78 Approve Allocation of $109,000 From the Recreation Impact Fees to Complete Various City Park Improvements {'Public Works Transmittal 2/1/04, Summary, Code) The City Manager addressed City Council on the requested allocation of recreation impact fees as set out in the transmittal and listed below: Barber Street Sports Complex - $10,000 for maintenance building Filbert Street- $1,000 - 400 feet of new fencing George Street - $3,000 - ~,350 feet of new fencing Filbert Street and George Street - $3,500 for landscaping Riverview Park - $91,500 - to put in all new electrical n the park, repair the restrooms The City Attorney said there is no indication which zones are funding the regional parks or what portion of each district's funds are going to those regional parks; and that this is a policy decision of City Council and not administration. Mr. Hill said perhaps an equal amount should come from each recreation distdct to fund the regional parks. The City Manager said he can bdng back this item with further information on February 25, 2004 if that is the pleasure of Council. City Council discussion continued about the use of impact fees. 13. CITY ATTORNEY MATTERS The City Attomey stated the CRA ordinance was not on the agenda due to the fact that a statutory CRA would have final spending authority, and suggested simply setting up a citizen advisory committee to recommend to the City Council as the CRA. He advised that Council could appoint two members to sit with them when they meet as the CRA. Mr. McCollum suggested a nine member advisory board. It was the consensus of Council that this should be a permanent advisory board of the City and the City Council would remain the CRA, and that members could be property owners as well as residents. The City Attorney will bring back an ordinance. 5 Regular Cib/ Council Meeting Febn~aq/11, 2004 Page Six 04.050 79-80 04.021 81-86 14. 15. He congratulated Vice Mayor Coniglio on his new granddaughter and for his participation in the Boys and Girls Club circus fundraiser. Reported on the Relay for Life fundraiser sponsored b~ the City of Sebastian team - Sweethearts of the USO dance Saturday February 14~' from 7 - 11 pm at the Community Center. CITY MANAGER MATTERS A, Notice of Stormwater Enq neer n,q Service Contract Interv ew n,q by the City of Sebast an Consultant Evaluation Committee on February 11 and 12, 2004 (City Mana,qer Transmittal 2/3104) Bdefly updated City Council on the stormwater engineering services contract interviews currently taking place. Acknowled,qements and Compliments from Residents (HR Transmittal 2/4/04, Memo, Narrative, Letter) The City Manager read commendations for all Police Volunteers, Sgt. Dennis Hovasse, Officers Snell, Branen, Wheeler, Antosia and Deputy Stoll, IRSO, and Kathy Nappi, Building Department. D AFT CITY CLERK MATTERS Commended Ann Rousseau for her help and compassion with a woman from Ohio who needed and received compassionate assistance for many hours; and cited a letter received from Ed Seeley commending Jeanette Williams for her professionalism in implementing the Board Orientation program and her work with Board member appointments. Reported on the March 9, 2004 General Election, noting there are five candidates and that candidate forums will be held on Thursday, February 26a 7 to 9 pm sponsored by Chamber of Commerce and Monday, March 1, 2004 7:30 - 9:30 p.m. sponsored by Sebastian Property Owners Association. Both forums will be broadcast live over Comcast Cable channel 25 and rebroadcast over subsequent weekends prior to the election. Announced that the North County Relay for Life Committee is asking Sebastian to paint the town purple on Awareness Wednesdays to raise awareness of the May 7 and 8, 2004 Relay for Life event to be held at Sebastian River High School to benefit the American Cancer Society and cancer research. 6 Regular City Council Meeting Februa~/11, 2004 Page Seven 16. CITY COUNCIL MATTERS A. Mr. Coniqlio invited the public to participate in the Amedcan Cancer Society event because everyone in the room has probably been touched by cancer. Asked for unified signage throughout the City's Histodcel Districts to show off the homes and businesses. Thanked Jayne Barczyk for keeping the Council up to date on Recreation matters. Invited the pubic to attend the Concert in the Park sponsored by the Chamber of Commerce and the City. B. Mr. McCollum Reported the Land Acquisition Committee is looking at the possibility of a referendum for future land purchases. Reported the meeting at Richardson Center regarding School Planning and impact fees went very well. Noted that Riverview Park still has a problem with trailers in the park. C. Mr. Barczyk Reported the IRC Commission has passed impact fee schedule and will give a list to City Manager to see if the City's impact fees should be increased. He said the IRC Commission also recently considered building heights in the industrial park. He questioned the number of cars allowed on properties. The City Clerk noted there is a pending item from last August for an ordinance to limit the number of cars on residential lots. He asked where the time capsule is that was assembled during the 75"~ Anniversary Celebration. The City Manager stated it in the City Clerks office and perhaps it can be opened and displayed when the current city hall is remodeled into a museum or it can be re-buried at the direction of Council. D. Mayor Bames Echoed Mr. McCollum's enthusiasm over the coordination with other agencies on impact fees. Requested a voice vote on replicating Indian River County's buffer zones ordinance. City Council concurred to direct the City Attorney to bdng back an ordinance. 7 Regular City Council Meeting Februaq/11, 2004 Page E~ght He requested the senior tax exemption be placed on the next agenda for discussion. Reported that he received a complaint about airplanes executing "touch and go" at the airport which the Airport Director reported is legal. E. Mr. Hill Asked if the non-voting member of School Board that was appointed to the Planning and Zoning Commission has to be chosen by Council or confirmed by Council. Ed Seeley said the person introduced himself at the last meeting and that he is a Vero Beach resident. The City Clerk stated that she had been contacted by Veto Beach City Clerk Tammy Vock to ask that City Council consider February 23 or 25 for the joint workshop with Vero Beach City Council. City Council members said they would check their schedules and contact the City Clerk. 17. Mayor Barnes adjoumed the Regular Meeting at 8:20 p.m. Approved and executed on the 25th day of February, 2004. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC - City Clerk Cfi/OF HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 Subject: Florida Government Finance Officers Association, Inc. Appr~~~~ved /"--~ fffi ' ity Manager ....... Terrence R. Moore/ ¢ Agenda No. __~/-4, © 5 l Department Origin: Date Submitted: 02-17-04 For Agenda off 02-25-04 Exhibits: Letter EXPENDITURE REQUIRED: rAMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY This year The Florida Government Finance Officers Association, Inc., has invited the City Manager to speak at the upcoming 2004 Annual Conference, scheduled to take place at the Tampa Marriott Waterside, Tampa, FL, on May 4, 2004. RECOMMENDED ACTION Move to approve the overnight travel for the City Manager to speak at the upcoming Florida Government Finance Officers Association, Inc., 2004 Annual Conference. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION, INC. Since 1937 P.O. Box 10270 · 301 South Bronough Street, Suite 300 · Tallahassee, Florida 32302-2270 Telephone: (850) 222-9684 · Fax: (850) 222-3806 · Web Page: www.fgfoa.org Fresid~nt MARGARET A, McGARRITY, CPA CFO LYNX (~7) 254-6O45 DIRECTORS Febraary 11, 2004 City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mn'. Moore: Thank you for agreeing to participate as a speaker for the FGFOA at the 2004 Annual Conference. Your session "CapltM Planning - A Necessary Tool and Process" is scheduled for Tuesday, 05/04/2004 at 10:00 - 11:40 a.m. The Florida Governmental Finance Officers Association (FGFO/I) is dedicated to providing education, networking, leadership training, and current information updates to its members. The FGFOA requires that your presentation does not promote or solicti your product or service or contain any negative information about a competitor. The presentation should be strictly for educational purposes. This conference will be held May 1-5,,2004 at the Tampa Marriott Waterside. The deadline to make room reservations is April 9, 2004. However, the hotel is expected to sell out, so please make your reservation early. Your moderator will be contacting yon m the next few weeks to arrange for a call with the other speakers (if applicable). The enclosed "Speaker Engagement Form" should be completed and returned no later tha~}larch 1, 2004. In addition, we will need ablography and the outline for your presentation by this deadline in order to have it published in the program. Please keep your outline to a few pages. Please provide the outline in the format provided in the sample attached. ElecU'oinc forms of the outline and biogrsphy are appreciated. You can amail the outline and biography to: Jeannie Hagan at ihagan(aD, flcifies.com. There will be a Speaker Ready Room provided for you at the conference. You will be notified of the location at the check-in. Timetable.' Speaker Engagement Form Due Speaker Biography Due Speaker Outline Due Speaker Handouts Due to FLC. For copying Event 2004 Annual Conference March 1,2004 Mamh 1,2004 March 1,2004 Aphl 16, 2OO4 May 1-5,200,$ A special note thatthc FGFOA requests that a dress shirt and spore coat be worn for the presentation, but a tie is not required. Please let me know if you have any queslioms or if I can be of assistance. Again, thank you for your willingness to participate. je~.ely' Director of Administrative Services cc: Lylc Bulman, Conferance Program Committoe Chair Your professional resource for education, networla'ng, leadership and information. SEBASTIAN HOr~ OF ~'EUC~ ~Sr,~O City of Sebastian, Florida Subject: Florida City County Management Agenda No. ~/4, 0~ ~ Association 58CAnnual Conference .,,.~ ..~ .._..~/... - Department Origin: City Manager -,-~-~' ~.~_,w--~/~_ ~-----~ .... a='T=-5~-~'- Tei~r-ence R~ Moore Date Submitted: 02/17/04 For Agenda of: 02/25/2004 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: Education: $2000.00 REQUIRED: Education: $275.00 Travel/Pier Diem: 84,200.00Education: N/A Travel/Pier Diem: $475.00 Travel/Pier Diem N/A SUMMARY The Florida City and County Management Association ("FCCMA") will hold its 58t~ Annual Conference at PGA National Resort & Spa located in Palm Beach Gardens, FL, beginning on May 26-29, 2004. This year the FCCMA has given the educational program an invigorating realignment and theme entitled "Cross Generational Leadership". RECOMMENDED ACTION Move to approve the City Manager to attend the Florida City and County Management Association (FCCMA) 58th Annual Conference scheduled to be held at PGA National Resort & Spa, located in Palm Beach Gardens, FL, on May 26-29, 2004. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Prior Authorization for City Clerk to Attend Four-Par~ UCF Florida Institute of Government Supervisory Skills for Government Employees Sessions - Orlando Appr vedf r b ' I ~: Agenda No. (.~ . t~)5.~ ~,~ ~ Department Origin: City Clerk ~"' Date Submitted: 2/18/04 For Agenda of: 2/25/04 Exhibits: UCF FlOG Course Info Expenditures Required Trainin.qlEducation: $260 Travel: Approx, $200 Food and Mileage to be determined Amount Bud~leted: Traininq/Education: $760 Travel: $ 2,500 Appropriation Required: None SUMMARY STATEMENT In accordance with Code of Ordinances Section 2-77, Charter Officers are required to receive approval from City Council prior to travel. I would like to attend a UCF Florida Institute of Government 4-part course entitled "Supervisory Skills for Government Employees"which includes management, leadership, communication, conflict, stress management and time management techniques which I believe would be helpful in my role as City Clerk. The courses take place on Mondays and the dates are March 15 and 22, and April 5 and 12, 2004. The nearest Florida Institute of Government courses available are in Lake Worth and Orlando. There are sufficient funds in training and travel to accommodate this and other planned staff travel for fiscal year 2003/2004. RECOMMENDED ACTION Move to authorize City Clerk travel to the four-part Florida Institute of Government Supervisory Skills for Government Employees course at UCF in Orlando. ~l.j niversity of Central Florida 2004 Spring Schedule and Course Offerings The John Scott Dailey Florida Institute of Government Please Come to Us! Spring 2004 Open Enrollment Courses All classes meet at UCF Downtown · 36 XV. Pine Street · Orlando, Florida 32801 The following workshops offer up-to-date information, small classes, and an open exchange of ideas. Our trainers understand the realities of government service and design the courses to meet the needs of local governments and state agencies. Supervisory Skills for Government Employees This class is one of our mosl popular courses] Four six-hour sessions teach newly appointed supervisors better management skills and give experienced supervisors a refresher course to complement their on-the- job experiences. ParticipanTs attend all four sessions. SESSION 1 - March 15, 2004 PRINCIPLES OF SUPERVISION Defining the role of the manager Setting group tmrms at work Exploring attitudes about supervision MYERS-BRIGGS TYPE INDICATOR (MBTI) Identifying your owa ~and the other 15 preferences in gathering information and making decisions Using MBT/type to build effective teams SESSION III - April 5, 2004 MOTIVATION Identifying what employees want from work K_nowmg maintenance and motivation factors Encouraging employees' self-motivm~on SITUATIONAL LEADERSHIP Varying your leadership style to match tbe needs of your employees SESSION Il - March 22, 2004 COMMUNICATION SKILLS Learning the art of active listening Getting ideas across clearly Using feedback effectively MANAGING CONFLICT Understanding the Constructive Conflict Management Process Resolving unavoidable conflict posilively Four strategies for conflict communication Thinking win-win SESSION IV . April 12, 2004 STRESS MANAGEMENT Recogmzlng stressors Measuring your burnout potential The 3 C's of stress management Becoming sn-ess resiatam TIME MANAGEMENT The Time Management Matrix Eight principles of time management Controlling tim~ robbers Delegaung appropriately Because class size is limited_ advance registration ~s required The fee is $260 for the course. Coffee and Danish 8:30 a.m. Class 9:00 a.m. to 4:00 p.m. Lunch on your own noon to 1:00 p.m. Approved.for 15 hours F.A.C.E. Continuing Education. GRAMNIAR BRUSH-UP March 17 9:00 a.m. to 4:00 p.m. FEE: 5;70 Approvea for 6 hours P.A. CE Continuing Education THE ART AND SKILL OF TAKING MINUTES April 14 8:30 a.m. to 12:30 p.m. FEE: 5; 55 Approvea,Tor 4 hour~x F.A. C £. Conthnthlg Education WRITING EFFECTIVE POLICIES AND PROCEDURES April 14 1:30 p.m. to 4:30 p.m. FEE: $50 Appl-oveajbr 3/louts F.A. CE. Comh~uing £~htcotion BETTER WRITING MADE iALMOS~I' ~ PAINLESS May 19 9:00 a.m. ~,o 4:00 p.m. FEE: $ 70 Approved for 6 ]lott~ F.A.~£ Conlh?uing Education CUSTOMER SERVICE: INSIDE AND OUT June 2 8:30 a.m. to 12:30 p.m. FEE: $55 Approved for 4 hou~v F.A~CE. Contimth~g Education ADVANCED BETTER WRITING Jul)' 21 9:00 a.m. to 4:00 p.m. FEE: $70 Approved for 6 hou~ F.A.C£. Continuing Edzwation Grammar problems getting your goat? Puncmauon problems plaguing your patience? Usage problem upping your ulcers? Don't despmr: help ts here! Learn the mos~ cu~'em guidelines and up-to-date practices governing basic business wriring todca,. Register now for six hours of helvful hints covering good ~ammar. vractical punctuatmn, and usual usage. l-lave you ever asked the question. "Is this information really important, or can l leave it out of the minutes?" Or have you ever struggled with deciding how much background to include tn the minutes so that someone reading them years front now will be able to understand the reasoning behind the action'? Come !earn what really needs to be included ~n council, board, and workshop minutes. This workshop is stuffed with tips, hints, and shortcuts khat make the hard job of minutes-taking eas~er. Please bring to class sump es of the minutes and agenda formats you use to share and self-edit. If you ever have to write new department polime8 o~ procedures or revise existing nrocedures, handbooks, or manuals, this workshop is for you! First be certain that 2 on know the difference between a "policy" and a "procedure." Then learn valuable rnne-savmg tips for writing roles, manuals, mstructtons, policies, and procedures Learn when to exclude and when to use the passive voice_ how to "m~nd-map' a subject to avoid writer's block, what to include and what to omit. how to sound friendly but firm. and how to be clear when explaining to others what they must do or not do. Come streamline your directions! Writing something that no one else understands is a waste of time. The only business re&ton anyone should wrue anything ~s so communicate something. The objective of Better Writing Made (AlmosO Painless. therefore, is to help government employees who write or edit forms, letters, memos, or reports improve their wrmng skills so that their end products will get their points across easily, clearly, and efficientl3 Please bring to class three pages of letter, memos, or reports you've recently written to self-edit into to share!,. Customers come in two kinds: internal -co-workersl and external cmzens~. Give both incredible service by learning where to get the support you need to maintain the professional attitude you must have to resolve customer conflicts positively. Lear~ to be a "Hassle Absorber.'~ to be sure that your office climate helps (not hmdersi, and to avoid the five "red flags" of conversation Also review good telephone mtd fi'ont-countar communication technioues. One of the best classes we offer, aimed for managers but open to all. this class challenges you to polish your executive writing skills.! You will learn to match your wr~ung to your reader's needs: xo organize your material logically and effectively: to structure strong sentences with ~wrammatlcal precision: to rewew your levels of usage, sex~st language, and in-house jargon: to edit and proofread you~ final proouct; and to curb your us,e, of passive verbs. Most people who take/Chis class say, "M~ boss should be here .... Maybe it's time to come?/ ,/ Ori LetUs Come to You! Want experienced trainers who will be happy to tailor all course content to meet the specific training needs of your organization because they know how local government works? Let us meet with you at no charge ro assess your organization's current training needs and create just the curriculum yot~ need to address them. We'd be happy to mix and match the courses listed below -- or develop new ones -- to suit your particular reqmrements. We are: moveable! -- because we cm~ teach an-slte in your facility or in our UCF classrooms. affordable! -- because we strive to give you an excellent return on your investment. experienced! -- because we have been developing and.teaching courses to meet the specific training needs of local goYernmems for over 20 years. Please call or e-mail Marilyn Crotty, Director, Florida Institute qf Government at UCF, for more information and detaiis at 40Z317. 7745~ SC344. 7745,. or mcrotty(~nail, ucf. edu The John Scott Dailey FLORIDA INSTITUTE OF GOVERNEMENT at UCF 2004 COURSE LIST MANAGEMENT AND SUPERVISION Coaching m~d Counseling Cooperatmn in the Office Dealing w~th Change and Transition Decision Making Develoning Leadership 'Skills Empowerment: Antidotes to Bureaucracy Ethics in the Workplace Interviewing Skills Managing Divers:fy Motivation Myers-Briggs Type indicator Performance Management Pre-Supervisory Skills Situational Leadership Stress Management Supervisor), Skills Advanced SuCem~soE Skills Time Management MEETING MANAGEMENT Group Dynamms Making Meetings Work Psrliameata~ Procedure ORGANIZATIONAL DEVELOPMENT Strategm Plann tng:Vision. Valtie s. Missior . Goal and Ok[lecnves Tean~ [~uilding CUSTOMER SERVICE Customer Service: Inside and Out De~ing with Angry People Manager's Rote in Customer Service Telephone Techmques & Counter Skills COM M UNICATIONS Advanced Better Writing Assertiveness The ABC's of Renort.Writing Better Writing Made (Almost Painless Business Wrnmg for Managers Grammar Brash-Up Listening Skills Making Body Language Mean Business Media Relations Preaentanon Skills Verbal Tacties GO VERNM ENT Advisory Board Training Effecnve Lobbying SUPPORT STAFF TR2AIN lNG Art and Skill of Ta~mg Minutes Editing slid Proofreading Secretarial Development Work Management Skills OTHER Avoiding Harassment n the Work~tace Business Ehouerte Conflict Management Creanve Thinking Cultural A_ waraness Habit.~ of Personal Effectiveness Interpersonal Effectiveness Overcoming Neganv}ry Pre-Retirement and Life l~lanning Records Management Traia fl~e Trainer INSTITUTE OF GO VERNMENT CLASS REGISTRATION FORM Please duplicate this form for additional registrations. Please register me for the class(es) I have checked. ~upervisory Skills - March 15. 22, April 5. 12 Better Writing - May 19 [] Grammar Brush-Up - March 17 [] Customer Service - June 2 [] Taking Minutes - April 14 [] Advanced Better Writing - July 21 [] Writing Policies & Procedures - April 14 Agency Name: City: ~~ Florida ZIP: PHONE: Day (~L 260 REFUND POLICY: [-"] Payment enclosed .~_Bill Agency: Purchase Order CCTV) { If you need to cancel, p ease do so m writing at least o day, before the class. You will receive a full refund minus a $ ] 5 admmlstrauve fee Please note that if you don't cancel and do not attend, you are still responsible for payment. An organizauon may substitute one participant for another. Complete [he registration form above, ~nclude a purchase order or HOW check payable to the UniversiO: o/Central Florida. and mail to: TO Florida Institute of Government at UCF ATTEND: 36 W. Pine Street. Suite 204 Orlando. Florida 32801 or FAX your regtsu-auon form and purchase order to 407.317.7750 For further information, call or e-mail Claire Thompson at 407.317.7745, SC 344.7745 or cthompso~_~mail.ucf, edu We will mail to you a confirmation of your enrollment and a map wan parking instructions when we receive your reglsrranon. ~f yott require specific aids or services under tbe American* with Disabilities Act, please call us.  Non-Profit Central u.s. Po~e ['AID Florida ~i~ No. 357s Orlhndo. Florida Florida Institute of Government 36 W. Pine Street. State 204 Orlando. Florida 32801-2612 MS SALLY MAIO CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 0 h Ih,ddhh,,hhh,hl,,h,lhd,h,1 ,,Ihh,hh,,hl 1 City of Sebastian, Florida Subject: Yacht Club Boat Ramp and Agenda No. Road Closures for Pelican Island Festival Dept, Head: Finance: General Services: Approved for Submittal by: Terr~~~-~- "-/~ Date Submitted: February 18, 2004 C/ For Agenda of: February 25, 2005 Exhibits: None EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Backqround Staff has met with representatives from the U.S. Fish and Wildlife Service about logistics for the Pelican Island Festival. The Festival will be on Sunday, March 14, 2004. Officials from the Fish and Wildlife Service would like Council approval for road closures and closing the Yacht Club boat ramp. They are requesting closing the Yacht Club boat ramp from 11 PM Saturday, March 13 until 4PM Sunday March 14, 2004. They will be using the boat ramp to pick up people for boat tours out to Pelican Island. They also would like to close Indian River Drive from Harrison St. north to Coolidge St. and Sebastian Blvd. From just east of the Hess Station to Indian River Drive from 6 AM until 4PM on Sunday, March 14, 2004. SUMMARY Move to approve closing the Yacht Club boat ramp from 11PM Saturday, March 13, 2004 until 4PM Sunday, March 14, 2004. Move to approve closing Indian River Drive from Harrison St. north to Coolidge St. and Sebastian Blvd. From just past the Hess Station east to Indian River Drive on Sunday, March 141 2004 from 6 AM until 4 PM. City of Sebastian, Florida Subject: Resolution R-04-07 accepting the MPO's 2003 Apportionment Plan A pp~ved fo ~~ '~( .~~ For Agenda of: Exhibits: Resolution R-04-07, Letter from Roben Keating, AICP EXPENDITURE NoAlvlOUNTne BUDGETED: I~QLrffiED: None Agenda No. 0q, 0Sc/ ~i ~eatltiilmntiRO¢ ~ ~in:2/1~8 ~ agement 2/25/04 APPROPRIATION REQUIRED: None SUMMARY On November 12, 2003 the Indian River County MPO voted to extend voting membership to the Indian River County School District as part of its 2003 Apportionment Plan. Each member of the MPO must accept or reject the apportionment plan by resolution. The MPO requests that the City pass such a resolution. RECOMMENDED ACTION Move to approve Resolution R-04-07. RESOLUTION NO. R-04-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ACCEPTING TFIE~ 2003 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION. WHEREAS, the Indian River County Metropolitan Planning Organization 0VIPO) was established pursuant to an interlocal agreement executed on April 12, 1993, and filed with the Clerk of the Cimuit Court of Indian River County; and WHEREAS, the Indian River County MPO is the designated and constituted body responsible for urban transportation planning and programming for the Vero Beach/Sebastian Urbanized Area; and WHEREAS, pursuant to Section 339.175(3)(a), Florida Statutes, the Indian River County MPO adopted an apportionment plan in 2000 which defined the current voting membership of the MPO Board; and WHEREAS, state statute requires the Govemor to review the membership composition of each MPO in conjunction with the decennial census and to apportion it as necessary to comply with state and federal requirements; and WHEREAS, the MPO prepared a 2003 apportionment plan which provides for an additional voting member from the Indian River County School District; and WHEREAS, the Indian River County School District, consistent with Section 339.175, Florida Statute, is an agency that operates and administers a major mode of transportation in Indian River County; and WHEREAS, the MPO, at its November 12, 2003 meeting, approved its 2003 apportionment plan which provides for a twelve voting member MPO Board; and WHEREAS, pursuant to state requirements, each general purpose local government within the MPO area shall accept or reject the MPO's 2003 apportionment plan by resolution; and WHEREAS, federal law requires the designation of MPOs to be accomplished between the Governor and affected local governments. NOW THEREFORE, BE IT RESOLVED BY TFil~ COUNCIL OF THE CITY OF SEBASTIAN, as follows: 1. That the City of Sebastian, Florida accepts the MPO's 2003 apportionment plan wh/ch provides for a twelve voting member MPO Board; and That three originals or certified copies of this resolution will be provided to the Indian River County MPO. The foregoing Resolution was moved for adoption by · The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Councilmember Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Bamzyk Councilmember James A. Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this of ,2004. day CITY OF SEBASTIAN, FLORIDA ATTEST: By:. Walter Barnes, Mayor Sally A. Maio, CMC City Clerk I HEREBY CERTIFY that on this day, before me, an officer authorized in this State and County to take acknowledgments, personally appeared, Walter W. Barnes, as Mayor of the City of Sebastian, and Sally A. Maio, as City Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ,2004. __ day of Approved as to legal sufficiency for reliance by the City of Sebastian only: Notary Public R/ch Stringer, City Attorney (Seal) January 8, 2004 Mr. Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore: I am writing to you in my capacity as StaffDirector oft. he Indian River County MPO to request that you present the MPO's recently adopted 2003 Apportionment Plan to the City Council for approval. When the Indian River County lvl?O was formed in 1993, an apportionment plan was developed to specify the structure and representation of the MPO Policy Board. As adopted, the MPO's 1993 (original) apportionment plan provided voting representation for the County, Vero Beach, Sebastian, Fellsmere, and Indian River Shores. In addition, the Indian River County School District (IRCSD), the Town of Orchid, and Florida Department of Transportation, District Four were designated as nonvoting MPO Board members. This apportionment plan was modifiedin 2002 to include one additional voting representative from the City of Sebastian and one additional voting representative from the County in order to reflect population growth in those areas. The 2003 Apportionment Plan differs from the current plan in that the status of the Indian River County School District with respect to the MPO board has been changed from non-voting member to voting member. As written, Chapter 339.175(2)a, F.S., states that an MPO "may include, as part of its apportioned voting members, an...official of an agency that operates or administers a major mode of transportation." In Indian River County, the Indian River County School District (IRCSD) provides a greater number of trips over a greater number of miles with a larger fleet than any other transportation provider, including the county's public transportation provider. Prior to transmittal of the plan to FDOT and the Governor's office for review and approval, the MPO's 2003 Apportionment Plan must be accepted or rejected by resolution by each general purpose local government within the lvlPO area. Therefore, MPO staff hereby requests that the Council consider and take official action on the 2003 Apportionment Plan. For your convenience, a sample resolution is attached. Once the resolution is approved by the Council, please have three originals or certified copies of the resolution executed and transmitted to me. Thank you for your assistance regarding this matter. Please contact Phil Matson, Assistant MPO StaffDirector, at (772) 567-8000, ext. 1455, with any questions you may have. Sincerely, Robert M. Keating, AICP MPO Staff Director CC~ James Chandler, County Administrator Mayor Walter Barnes (MPO Representative) Vice-Mayor Ray Coniglio ( MPO Representative) City of Sebastian, Florida Subject: Final Plat for Sebastian River Agenda No. ~ ~ {-) I -] Landing Phase 1. Department 0~ Growth Management Ap~bmittal by: i TracyE. Ha~_,_ ~ ' '/~~~A~'~~ / Date Submitted: February 18, 2004 ' For Agenda of: February 25, 2004 Exl~b'ils: R-04-0[~,pplication, and Final Plat. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUII~D: None REQUIRED: None None SUMMARY Forte Macaulay Development Inc., as developers of Sebastian River Landing, filed an application for final plat for phase one of said subdivision. Phase one consists of 209 single family lots, with typical lots being 55x120 within the interior and 70x120 along the exterior and minimum setbacks per preliminary development approval established at 20' for the fi'ont, 5' for the side, and 20' for the rear. All lots adjacent to the St. Sebastian River are abutting a conservation buffer separating the development area from the protection zone lying along the river and surrounding uplands. Most of said lots have been reduced by 5' in depth to accommodate the demands of the St. Johns River Water Management Dislrict for maintaining said buffer. The developer is in the process of completing all necessary infrastructure and site development improvements including all roadways and drainage systems. A bond for the remaining improvements has been submitted in accordance with land development regulations. Access to phase one will be via County Road 512 on the north and County Road 510 to the west. Additionally, the first 500' of Stoney Pointe Drive, entering from 510, will remain public due to the potential of benefiting multiple commercial users. Furthermore, all engineering, and surveying details have been completed in accordance with Florida Statutes, and all necessary signatures have been obtained. RECOMMENDED ACTION StaJf recommends approval of Resolution No. R-04-08. "Move to adopt Resolution No. R-04-08." RESOLUTION NO. R-04-08 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN RIVER LANDING PHASE I; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WI~EREAS, Forte Macaulay Development, Inc., has filed an application for approval ora final plat for a subdivision known as Sebastian River Landing Phase I; NOW TFrEREFORE, BE IT RESOLVED BY THE COUNCII~ OF ~ CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Sebastian River Landing Phase I as prepared by Jonathan M. Mott and last revised January 22, 2004. Section 2. are hereby repealed. Section 3. adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE.This resolution shall take effect immediately upon its Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 25~ day of February, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. -' ...... City of Sebastian Development Order Application Applicant {if not owner, written authorization (notarized)from owner is re(~uired) Name: Sebastian River Landing, LLC Address: 1682 W. Hibiscus Blvd., Melbourne, FL 32901 Phone Number: (321) 953 - 3300 FAX Number: (321) 984 - 2890 E-mail: elizabeth@fmdc, cc Owner (if different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E-mail: Type of permit or action requested: Final Plat Approval PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 ~" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. Aq-I'ACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): Sebastian River Landing B. Site Information: Address: corner of CR510 and CR512 Lot: Block: Unit: Subdivision: Sebastian River Landing Indian River County Parcel ¢k Zoning Classification: PUD-R Future Land Use: Existing Use: Proposed Use: single family subdivision C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): to construct a 209 lot sin,qle family subdivision DATE RECEIVED: ? / ~'/ FEE PAID: $ 500.00 Permit Application No. D. Project Personnel: Agent: Name: Timothy C. Jelus Address: 1682 W. Hibiscus Blvd., Melbourne, FL 32901 Phone Number: ( 321 ) 953 - 3300 FAX Number: ( 321 ) 984 - 2890 E-mail: n/a Attorney: Name: n/a Address: PhDne Number: ( ) FAX Number: ( ) E-mai[: Engineer: Name: Bruce Moia c/o Mosby & Associates Address: 2455 14th Avenue, Vero Beach, FL 32961 Phone Number: ( 772 ) 569-0035 FAX Number: ( 772 ) 778-3617 E-mail: mosby001@yahoo.com Surveyor: Name: Jon Mob c/o William Mort Land Surveying, Inc. Address: 3716 N.Wickham Rd., Suite 3, Melbourne, FL 32935 Phone Number: ( 321 ) 751 - 4444 FAX Number: (321) 751 - 4445 E-mail: PLS5060@wmtsi.com I, Timothy C. Jelu~h BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: .._~[ AM THE OWNER __ I AM THE LEGAL REPRESENTATIVE OF THE OWNER QF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATIO~-~ ALL THE INFORMATION, MAPS, DATA AND/QR SKI~rCHES PROVIDED IN THIS APPLIC,~-'i~'N ARJ~ A~'I~U~ATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE / / DATE / / SWORN AND S~B~SCRIBED BEFORE ME BY /r~'~ WHO IS PERSONAALY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 9th NOTARY'S SIGNATURE PRINTED NAME OF NOTARY ION NO./EXPIRATION __ DAY OF September · , 2003. Notary Public, State of Florida My comm. exp. June 1t, 2006 C0mm. No. DO 124556 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions and appeals. I/WE, ~ THE OWNER(S) THE LEGAL REPRESENTATIAVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF HE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTAT[ON THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UMDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTUTUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. SIGNA'CU RE f , ~ DATE Sworn and subscribed before me by Who is per~onallv known to me or proCcce~ I As ident~cation, this ~ day of Notary's Signature I Printed Name of Notary Commission No./Expiration Seal: NOlary PUI~Iic; State of Florida My comm. exp. June 11, 2006 Comm. No. DD 124556 Supplemental Information Planned Unit Development Final Development Plan Permit Application No. Describe how the proposed final development plan is consistent with the preliminary development plan. Meets requirements/approval of the preliminary development plan 2. Describe how the proposed final development plan is consistent with the subdivision and/or site plan regulations. Meets required LDRs of the City of Sebastian City Code 3. Attach the following: _X a. A final plat and/or site plan. b. A set of sealed as-built plans of all improvements. c. An engineer's certification of improvements. d. Certificate if title or attorney's opinion (for plat). City of Sebastian, Florida CONSENT AGENDA TRANSMITTAL Subject: New PD Station; FP&L easement Agenda No. I)~te Submkted~ 2/]9/04 For Agenda of~ 2/25/04 SUMMARY: In order to provide electrical service to the new Police Department Station, FP&L would like the transmission line easement formalized. They have provided their standard form, and our architect has rendered a legal description of the easement. RECOM3,IENDED ACTION: Authorize City Manager to execute the enclose Easement in favor of FP&/_. AUTHORIZED PLACEMENT ON AGENDA By CiTY MANAGERL ~~ 'Work Re-quest No. __ EASEMENT This In~t~'ument Prepared By Sec.__, Twp __ S, Rge __ E Name: Parcel I.D.06313900005000200001.0CO, Name: Florida Power & Liaht Company {Maintained by County Appraiser) Ad,tess: Form 3722 (Stocked) Rev. 7/94 pg of __ The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wi~es, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 1--2 feet in width described as follows: See Attached Schedule "A" Together with the right to permit any other person, firm or. corporation to attach wires to any facilities hereunder and lay cable anti conduit within the easement and to ope,rate, the same Tor ,commun!cations purposes; the right of ingress and egress to said premises at all times; the right to clear the ~ano and ke, ep it created, CT a trees, undergrowth and other obstructions within the · easement area; to trim and cut and keep trimmed ano cut all deao, weak, leaning or dangerous trees or limbs outsKle of the easement area which might nter[ere .w!th or fall upon the nes or systems of communications or power transmission or distribution and further grants to the ~ul!est exte,nt the un,dersig,ned has the pow}e, r to. g~nt if, at.ail, the r, ights hereinabov,e granted on the land heretofore descrioeo, over, a~ong, unoer ano across the roaos, s~reeLs or nignways aojoining.cr through said property. ~ IN WITNESS WHEREOF, the undersigned has sighed and sealed this instrument on ,20_. City of Sebastian [~oq3orme's namej By:. t~,resioen~:s s~gna~ure} Print Name: Pdnt Address: Signed, sealed and delivered in the presence of: (.witness' ~gnature) Print Name: {witness; Pdnt Name: (w~toess' 5~gnature) (wimess) Attest: Print Name: · Print Ad.dress.: . [~ecretary's s~gnature} (Corpomt~ Seal) STATE OF AND COUNTY OF . The forego!ng i~str~ent was acknowledged before me this day ef ,20__, by , and respectively the. President and Secretary of , a corporation, on behalf of said corporation, who are personally known to me or have produc~J' as identifica{ion, and who did (did not) fake an oath. (Type of IdenElicaflon) My Commission Expires: Notau Public, Sigrmture Print, Nam~ D~ESCRIPTION ~'REPARED BY SURVEYOR) R(~FEPT~NNT ~F S(:NO~L ~:MENT, BEING I0.~ FEET ~ ~ DIN. LYI~ IN TROT '~K ~DI~I51~. AS ~8~D ~N PLAT g~K 2. P~ ~ P~LIC R~ ~D$ ~ I~IAN RI~R ~TY. F~IDA, THE ~NT~LI~ ~1~ ~E PARTI( L~LY DE~I~ AS F~L~$: ~ AT A POi ~T BEI~ 40.~ F~T ~TH:OF T~E ~HTERLI~ OF STREET (~ ~ Fo( RI~T ~F WAYI ~ 20.~ FEET: ~$T OF T~ ~N~RLINE OF ~08S ST~T 40 F~T RI~T OF ~AY) A~ S~g ON T~ ~E~AID REPLAT ~ ~L P~K SL ,DIVISION. SAID POINT ~ BE ~ T~ ~OU~ST CORNER TRACT 'g": T~E SOUTH 8g'41'Ig'~ST (BASIS OF. a~Rl~$] ~0~ T~ ~RTH R ~T O~ WAY LINE OF ~IN STREET. A DISTA~ 0F:~]65 SI FEET T~ THE PO NT :~ 8E~I~/~: T~i~ L~VI~ SAiD RI~T ~ ,WAY U~. ~RTH 47 A DIST~ ~ I~.~ I FEET: 3~gCE NORTH 43' 3'~ '::.~ST. A DISTANCE OF 59 F~ET: THE~E ~TI O0'I4'2]'~ST, A O STANCE OF~a,e3 FEET: T~E ~RTH ~*4I'OO'EA~T. A ~ IST~E OF 67,89 FEET: T~E ~RTH I~'32~5'~$T. A DISTA~E ~ 24.67 FEET: THE~E ~TH 87*Sg'45'~T. A D STA~E ~ 19.92 F~T: T~E SOUT~ &~41 ' J2'EAST A O ST~ OF ~.44 FEE~: THE~E SOUTH 73'45'2&'EAST. A tSTA~E ~ 1~,~3 FEET: T~E ~OUTH 8g 08'Og'EAST A DtST~E OF a.~ IRT TO THE POINT ~ TERM ~. ~ POINT OF ~ERMtNU~ ~ ' ~ ~XISTI~ ;, _ ~ ~ TRANSFORMER I ~ PAD ~ a ~. I' - 30' ,7~' ,I SKETCH OF DESCRIPTION ~1 NOT A :FIELD BOUNDARY SURVEY : L I N~ BEAR ~ ~: D I ~TANCE L I N 47'27'5~,'W I~,~l' ~ L 2 N ~l'~2']'~w ~.~7' ~'. L 3 N ~7'59'4~'E 19.92 --I , I L $ S 7~"43'2~'E ~4.6~' , ~ - ~o xx,, TRACT: B o ~: ~ W. RIGHT OF WAY ~z ~ -- i~ R GHT OF WAY ~ '/ POINT OF MAI N STREET POWER POLE. 60 ' R I GHT OF WAY SURVEYOR'S NOTI S: , ALL DIMENSIQNS SHO~N HEREON ARE IN FE~T AND DECIMAL PARTS ~HEREOF. 2. THE NORTH R GHT OF WAY LINE OF MAIN $~EEET 8EARS S 69"~1'19'W AIID ALL OTHER BEARINGS ARE RELATIVE THERETO. · DATE OF SURVEY: 2-03-04 T. S su.v ,s W mOUT S e TU :: DAVID A~ ORIGINAL RAISED SEAL OF THE FLORIDA SURVEYOR & MAPPERFNA~D BELOW. ~' ~R~ESSION~ · SURVEYOR ~D MAPPER IN RESPONSIBLE CHAR~ DAVID U. JONES. FLORIDA LICENSE N~ER LS 39~~ HOM~ OI~ PF.~CA~ ~S~]D Subject: Moto.~Cycle Trade-Up Finance Dep.~.xc'/'.~'-_. ~ Date Submil/ced: 02/06/04 Exhibits: Invoice and Memo EXPENDITURE REQLrlRED: AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: $I,000.00 $1,000.00 I SUMlVlARY During fiscal year 2001/2002, a citizen donated a fully equipped Harley-Davidson motorcycle to the police department. The dealer informed us that we could trade-up at the end of each model year and receive a new motorcycle at no cost. This arrangement held tree for 2002 and 2003 model years. This year the dealer informed us that he would have to charge us $1,000 to make the switch dile to the sagging market for used motorcycles. The requested expenditure is available in the capital fund for vehicles. Recommended Action Approve the expenditure of $1,000 to complete the trade-up of our 2003 Harley-Davidson Motorcycle for a new 2004. Expenditure includes the swapping of saddlebags and emergency equipment. The dealership is Ft Lauderdale Harley Davidson Lac, 443 South State Road 7, Ft Lauderdale, Fl 33317. Ft. Lauderdale Har ey"Dav dsor~"; Inc. D.B.A. Plantation Harley Davidson, Inc. 443 SOUTH STATE ROAD 7 · FT. LAUDERDALE, FLORIDA 33317 PHONE,, (9~1) 791-6295 · FAX (954) 791-6128 ' September 16, 2003 Sebastian Police Department 1201 Main Street Sebastian, FL 32958 INVOICE Trade in 2003 FLHPI Road King Police motorcycle for the purchase of 2004 FLHPI Road King Police motorcycle. Price to include the exchange of police emergency equipment from the 2003 model to the 2004 model. Total invoice $1000.00 SebasQan Police Department 1201 Main Street Sebastian, Florida, 32958 772-,589-5233 Fax 772-388 1872 ~-mail spd@dtyo~seba stian.org lames Davis, Chief of Police Date : January 15, 2004 To : Terrence Moore, City Manager From: l~,~es A. D,vis, Oa,f of Police Re~ : New Motorcycle During fiscal year 2001-2002, a citizen donated a fully equipped Harley Davidson motorcycle to the police department. At that time an arrangement was made with the Harley Davidson motorcycle dealership that called for an annual trade-up. Our new motorcycle has arrived at the dealership and it is time for our swap-out, This memo is a request for your approval to continue this agreement. City of Sebastian, Florida Subject: Fiscal 03-04 Paving requirements Approved for Submittal by: Te~,nce N~re, .C~. ~: anager Agenda No. 0~, O,~'7 Department Origin: E~E._ng~een~g / Public Works Dept. Head.'<~ ~ Finance: . ' General Services~l~~ Date Submitted: 02/18/04 For Agenda of: 02/25/04 Exhibits: List of streets recommended for paving and/or recycling, with cost estimates EST. EXPENDITURE BUDGET REMAINING: APPROPRIATION REQUIRED: $318,011 $150,000 REQUll~ED: $168,011 SUMMARY Attached is a list of streets recommended for paving in the next phase of the City's ongoing street paving program. As noted, some ofthe streets require base recycling before asphalt overlay. The estimated total to do all of the streets on the list is $318,011, including contingency. Tins amount exceeds the current amount budgeted for this fiscal year 03 / 04. An additional appropriation of $168,011 is therefore required to pave all of the streets on the list. Although this is an aggressive list of streets, the Engineering and Public Works Departments strongly recommends going forward with the entire list in order to deal with some of the currently worst pavement conditions in the City. This will be in keeping with the great strides made in the past few years in the ongoing street paving program. Per the attached list, the Cky intends to utilize its previous provider Asphalt Recycling, Inc., for the recycling of the base for some of the streets. The Asphalt Recycling contract is based on piggyback prices from Seminole County of $4.10 SY resulting in a total estimated cost of $116,278.34 for the recycling work noted on the list. The City's current paving contractor, Community Asphalt, will provide asphalt overlay paving for the streets on the list for an estimated total cost of $183,721.66. We have further included an additional contingency amount of approximately 10% to reach an estimated total mnount of $318,011 likely required to do all of the streets on the list. RECOMMENDATION Move to approve the list of streets recommended for paving in fiscal year 03 / 04, to approve the additional appropriation of $168,011 from Transportation Capital Project Fund project savings, and to approve proceeding accordingly under a piggyback contract from Seminole County with Asphalt Recycling, Inc., and the existing contract with Community Asphalt to accomplish t]0e-~--~-,x work. Community Asphalt & Recycled Roads Street Name PO # Tonnage Recycle Cost Tack Cost Asphalt Cost Total Cost Cleveland St 131 ! $ 6,867.50 $ 150.00 $ 5,502.00 $ 12,519.50 Jefferson St. 451 $ 2,013.10 $ 100.00 $ 1,890.00 $ 4,003.10 Bristol Street 442 $ $ 450.00 $ 18,564.00 $ 19,014.00 Amadia Street 351 I $ $ 350.00 $ 14,742.00 $ 15,092.00 Midway ct/Brisbane 1631 $ $ 175.00 $ 6,846.00 $ 7,021.00 Empire Terr 1551 $ $ 150.00 $ 6,510.00 $ 6,660.00 ~,ldea Drive 307 $ $ 350.00 $ 12,894.00 $ 13,244.00 Columbus St. 920 $ 49,517.07 $ 605.00 $ 38,640.00 $ 88,762.07 Toledo St. 393 $ 21,132.77 $ 350.00 $ 16,506.00 $ 37,988.77 SeagrapeAvenue 94 $ $ 100.00 $ 3,948.00 $ 4,048.00 Lime Street 81 $ $ 100.00 $ 3,402.00 $ 3,502.00 Pineapple St 200 $ 9,103.00 $ 200.00 $ 8,400.00 $ 17,703.00 King Street 155 $ 7,262.00 $ 125.00 $ 6,510.00 $ 13,897.00 Tangelo Street 155 $ 5,394.00 $ 125.00 $ 6,510.00 $ 12,029.00 Calamondin Street 97 $ 3,308.00 $ 120.00 $ 4,074.00 $ 7,502.00 Valencia Street 214 $ 11,680.90 $ 250.00 $ 8,988.00 $ 20,918.90 2nd Street 103 $ $ 150.00 $ 5,047.00 $ 5,197.00 FinalTotals $ 116,278.34 $ 4,400.00 $ 168,973.00 $ 289,101.34 ,qddifien~l Z'nfo ~r IFB-3060-O2/GG Term Contract for Asphalt Base Stabilization FLORIDA DUE DATE: December 9, 2002 at 2:00 P.M. Submit Bid to: SEMINOLE COUNTY SERVICES BUILDING 1101 E. 1st Street, Room 3208 Sanford, Florida 32771-1468 Attn.: Purchasing Contact: Gloria M. Garc[a, CPPB, Senior Procurement Analyst E-mail: ~earcia @co.seminole.fl.us of Phone:(407) 665-7123 Bid Due Date & Time: December 9, 2002 at 2:00 p.m. Location of Public Openin,a: County Services Building, Room 3223, 1101 E. 1st Street, Sanford, Florida 32771 INVITATION FOR BID IFB-3060-02/GMG Term Contract for Asphalt Base Stabilization BIDDER NAME: MAILING ADDRESS: Email: Fa×# 3Al These documents constitute the complete set of terms and conditions, specification requirements, and bid forms. All bid sheets and attachments must be executed and submitted in a sealed envelope. The face of the envelope shall contain Bidder's name, return address, the date and time of bid opening, the bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. BIDDERS SHALL SUBMIT THREE (3) COMPLETE SETS (ONE [1] ORIGINAL AND TWO [2] COPIES1 OF THEIR BID, COMPLETE WITH ALL SUPPORTING DOCUMENTATION. SUBMITTAL OF A BID iN RESPONSE TQ THIS INVITATION TO BID CONSTITUTES AN OFFER BY THE BIDDER. Bids that do not comply with these requirements may be rejected at the option of the County. RESPONDENT I RECOMMENDATION OF AWARD INFORMATION: Please visit our website at www.co.seminole,fl.us, this information is posted on the website 24 hours after bid opening ADDENDUM: The County will record its responses to inquiries, any supplemental instructions, and/or necessa~j revisions to Bid Documents, in the form of a written addendum. Should revisions to the Bid Documents become necessary, the County will post a written addendum to the Purchasing Division's website (www.co.seminole.fl.us/business/purchasinq). All addenda will be posted at least seven days before bid closing. ALL BIDDERS SHOULD CHECK THE COUNTY'S WEBSITE WITHIN SEVEN (7) CALENDAR DAYS OF THE BID OPENING DATE TO ASCERTAIN WHETHER ANY ADDENDA HAVE BEEN ISSUED. FAILURE TO IFB-3060-02/GMG DO SO COULD RESULT IN REJECTION OF THE BID AS UNRESPONSIVE. Previous addenda are deemed received when a subsequent addendum is acknowledged. It is the Bidders' responsibility to contact the County in the event that a previous addendum is not received. Latest addendum shall be signed and returned with the bid as acknowledgment of all addenda. CONTACT: All questions and requests for additional information regarding this IFB must be directed to 1he contact person noted above. Prospective Bidders shall not DEPARTMENT OF FISCAL ;ERVICES PURCHA$1N(; & CONTRACT~ D/V/S/ON ADDENDUM ~1 - IFB-3060-02/GMG Term Contract for Asphalt Base Stabilization The k)liowing information constitutes Addendum #1 ~d becomes part of the IFB package. Page 8: Add t~ ~e Special Terms & Conditions 5. QUALIFICATI{)N,,OFBIDDERS Tile Bidder shall ir~lude the following information be~ide$ the requ~ed bid submittals: · Submit e #~t of projects, which have been completed in fha b~,aie of F/~rk~ by the Biddor~ involving A~i;haft Stabilization (c~id in-l:la~e re~ling). Please inclu~te a ~ desc~ption of the similar work wltlofl has been salisfactanly completed tnclu~ng location, dates of co,-zb=~ts, names, ao~mssee an~ phone numbers of owners and contact name~ (See F~age . U~t of equipment available to do Yr~ work requtre(t. Include make, model, quant#y, year of manufacture an(1 condition of the said e~uil3went. Pease note: To be considere(t "Qualified to Bid' on this contract, t~e co~t,~actor mu~t have a minimum of lv~ (2) rectalmers having minimum I;orsapower of 425 lip ar~ e metered emulsion sterage tank equal to a minimum of 300 gallon~;. (Please ~ out the ettac, hec~ Ual of Eq,iFmsnt form) · List of personnel, by name and'title, contemplated to perform the wor~ This Inforrnati~ will be used to detenltine f~e bidder's msponsiDility. Infom3ation previously submitted to the County in response t¢ anol~er Invitation to Bid shall net sabefy this requirement. 6. LJQUIDATED DAMAGE& The ~awarclee" steal! incur liquidated damages at a rate of $50~.00 per day for each calender day, #available for won'; that a minimum of 50% of the average workday bas not bee/; performed, after the ini~al 10 calendar day response period has lapsed. "Availa~ workday" is defined as 50~ of the average workday hours on project which the temperature, the weather, and the condi~on of the so# am such that it is po$~?~le for the Contracto?s operations to proceed with the normal working folce engaged in per~o,,"ning the co,~frolling item or items of work which would t~e in progress at tl~e time. As acknowledgment of receipt of Addend.urn, attach this addendum immediately behind the Bid Response Form, Failure to acknowledge receipt of this addendum may result in di~qualifir, afion of your bid submittal. ~'~r~ 9L ~'arc~ cE:r~or~ - Senior Procurement Analyst Technical Requirements/Scope of Work Description: This work shall consist of the preparation of an asphalt stabilized base course .composed of a mixture of the existing bituminous concrete pavement and existing base course material~ The manufacture of the asphalt stabilized base course shall be done by in-place crushing and blending of the existing pavement and base materials and the introduction of asphalt emulsion. The pulverization, blending, and addition of asphalt emulsion to the existing materials, which results in an asphalt stabilized base course, shall be accomplished in accordance with these specifications. In general, the contractor shall utilize equipment specifically manufactured to accomplish this work, which can effectively pulverize, crush, mix, and blend the material to be recycled. The equipment to be used must also have the capability of introducing an asphalt emulsion uniformly and accurately to the recycled materials. Mixing shall not be done during periods of rain or when the threat of rain in imminent. The reciaime~ must be a 425 or more horsepower engine. The reclaimer must be capable of pulverizing and mixing the pavement, base materials, and sub-grade soil to a depth of .40m (16"). It must be equipped with an emulsion storage tank with a capacity of at least three hundred gallons. When using emulsion out of the storage tank it must be metered through the reclaimer's automatic injection system. The contractor will furnish the asphalt emu]sion (AE200 or PABS) to mix with the existing base. The contractor will furnish all equipment and operators necessary to assist With breaking, injecting the roadbed, compacting and bringing to finish grade, the processed base. Portland cement may be used in lieu of asphalt emulsion as directed by the county in which case all work and material shall conform to Section 270 of the most recent FDOT Standard Specification for Road and Bridge Construction. The contractor will furnish all Maintenance of Traffic requirements, compliant to Section 102 of the most recent edition of the Florida Department of Transportation Specifications for Road and Bridge Construction. Construction Methods: The existing pavement and base material shall be crushed and btended to a minimum depth specified and the gradation shall be two and one half (2 ~,~) inches and under so that the entire mass of material shall be uniformly dispersed throughout the processed base minimum depth shall be the bottom of existing base material. The contractor shall then shape the base course material to line and grade and haul off surplus materiat before the second pass for oil injection. The contractor shall obtain the services of a certified testing laboratory to sample the existing pavement and base material to provide a modified Marshall Test for road base design for processed material at a depth specified. The processed material shall meet the following requirements: Modified Marshall Stability Estimated Layer Coefficient Residual Asphalt Content(%) 1000 to 3100 .18 to .32 .0 to 4 Soil cement base course shall attain a minimum 7 day compressive strength of 300 p.s.i.. Mixing shall not be done in any weather detrimental to the intended finished material. After the material has been processed, it will be the contractor's responsibility to add water to insure optimum moisture content, thoroughly compact, and finish grade. IFB-3060-02/GMG ~) The completed asphalt stabilized base shall be tested for smoothness and accuracy of grade and if any portion is found to lack the required smoothness or accuracy, such portion shall be reshaped and re- compacted until the required smoothness and accuracy are obtained. The finished surface shall have a tolerance of one quarter inch, plus or minus, to the grade shown on the plans and cross section. The contractor shall be responsible for removing all excess material from curbs, yards, shoulders, etc. as directed by the County. Prior to the start of the recycling work, all water gates, manhole castings, and catch basins will be located by the County and clearly marked for location. Alt work under this item shall proceed one half width at a time to allow for passage of through traffic. Access to property abutters is to be provided as necessary. The contractor must have the ability to work completely within an eleven (11) foot travel lane, to insure no impact to adjacent travel lanes, upon direction of contract manager. The contractor shall notify all affected residents of proposed work a minimum 7 calendar days prior to start of work using a county approved door hanger. Contractor must provide door hangers. Testinq: It will be the contractor's responsibility to obtain the services of a certified testing laboratory to make sure that the contractor has thoroughly compacted the stabilized base to not less than ninety-eight percent (98%) of the maximum dry density at optimum moisture content using a modified Proctor Test, in accordance with the (AASHTO)-180. · Shoulder/Roadway Excavation And Base Preparation For Pavement Contractor shall provide all traffic control as described above. Contractor shall supply all equipment and labor to facilitate the shoulder/roadway excavation and the stabilization of approved Base Material. The County shall furnish all Base Materials. Project shall be excavated a minimum of 5" to a maximum of 20" below edge of pavement elevation and stabilized with a minimum 4" to a maximum of 19" of approved Base Material. Base Material shall be installed in maximum 6" lifts with 100 LBR to 98% AASHTO t-180 modified proctor. Testing areas shall be no further than 300 feet apart and staggered to the left, right, and center. · Excavation And Preparation Of Shoulder For Sod/Seed Contractor shall provide all traffic control as described above. Contractor shall supply all equipment and labor to facilitate the shoulder .excavation and preparation. Contractor will excavate to a depth determined by contract manager or designated representative. Finished grade of shoulder must be 3" below edge of adjacent pavement. The contractor will apply Section 162, Finished Soil Layer, of the most recent edition of the Florida Department of Transportation Specifications for Road and Bridge Construction in preparation of sod or seed installation by county or county supplied vendor. I FB -3060-02/GM G 1 0 A. Mix In-Place Road Recycling Asphalt Base Stabilizatio~ I ~'~" 0 to 500 s.~. , 12,000 501 to 2000 s.y. - ', 35,000 s.y, 2001 to 3500 s.y. :: :40,000. s.y. 3501 s.~.+ up "-;, [ 90,000 s.~. Excavation & hauling of i 5,000 c.y excess material to County . specified location ' Supply machine to blend .. i 3,500 c.y and oil inject only : Asphalt Emulsion - (AE 200 ~40,000 gal or PABS) Additional charge per . i square yard for soil cement ~ 40,000 s.y. Po~iandcement . i 1200 tons Section I - SUBTOTAL Extended Price for Items B. Shoulder Excavation and Base Preparation and preparation f et id. - -;. 20,000 s.y 5" depth : la Price per each additional inch of depth : I inch 2 Excavation and preparation 6,5 feet wide at :20,000 s.y. 5" depth ~ 2a Price per each additional inch of depth ~- ~ ;[ 1 inch at :;20 000 s.y. Excavation and preparation 10 feet wide ~ 3a Price per each additional inch of depth ,:. I inch 4 5"Excavati°ndepth and preparation 11 feet wide at ~20 000 s,y. 4a Price per each additional inch of depth ~ 5 Excavation and preparation 12 feet wide at ~ ~20,000 s.y. 5" depth ~ 5a Price per each additional inch of depth 1 inch 6 Excavation and preparation 13 feet wide at : 20,000 s.y. 5" depth :~ 6a Price per each additional inch of depth i inch Section B - SUBTOTAL Extended Price for Items ~-6 IFB-3060-02/GMG 1 ! C. Miscellaneous 1 Ad ust manhOle castings / 2 Ad ust catch basins 20 3 Ad ust water gates 20 4 Outside sources of road materials to get the required modified Marshall 5 000 ~ tons Stability (limerock asphalt rap or I Coquina Base Rock) 5 Haul and spread material from desiginated site to pro~ect 6 Variable message board (Per day) 7 Additonal flagging personal, with radio communication (Per Person Per hour) ~ Section B - TOTAL Extended Price for Items 1-7 D. Excavation And Preparation Of Shoulder For Sod/Seed 1 Excavation and preparation O- 75,000 s. 6' depth 2 Excavation and preparation 5,000 s. 6"and greater in depth Section D - SUBTOTAL Extended Price for Items SUMMARY: IFB-3060-02/GMG .]. 3_ ype of Entity: (Circle one) o~--~ti~ Partnership Proprietorship Joint 'Venture Incorporated in the State Of: ~'r Year: Telephone Number: ( 3~'! ) 9~'I' ¢/~'~ Toll Free Telephone Number: (800) F.O.B.: DESTINATION F.E.I.N. ot SS Number: ~ ~'''- <~G¢~ ¢/O°~ fraud tagreetoabidebya#conditionsofthisbiclanclcerfilythatlarnau~hc~zeclto sign this bid for the Bidder. /~ ' Authorized SignaTure (Manual) T¥1 ed or Printed Name: Ti,e: J PaYment Terms: Delivery in /O days, ARO ~) % ~-~'.'~)days, Net 30 Bid Securil~ is attached, when required, in the amount of: $ Bids may not be withdrawn for a period of 90 days after bid opening. All items bid must be in compliance with the stated specifications. Any Bidder taking exception shall indicate those exceptions on company letterhead and attach to their bid. Any questions regarding this bid should be addressed to Gloria M. Garcia, CPPB (407) 665-7123 or sent by facsimile transmission to (407) 665-7956. If Bidder is not the successful Bidder as the Prime Supplier, wilt Bidder be willing to serve as a stand-by ~(Secondary) supplier under the terms, conditions, and prices as stated herein? J-~ ~es ~ No This Form Must Be Completed and Returned with your Submittal IFB-3060-0Z/GMG 13 City of Sebastian, Florida Subject: Waive competitive bid Agenda No. procedures and authorize 4th of July fireworks contract award Dept. Head: Finance: ' ~_~'.~.. -~.~,~.-~-- General S e rVf~-~v.· Approved for/Submittal by: 2- J.~.,~'"' merr~or~nager -- ~. v/~..~..,./.,/ Date Submitted: February 18, 2004 "-" L./ For Agenda of: February 25, 2004 Exhibits: Form of Agreement and Proposal from Melrose Pyrotechnics EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: $12,500 $19,000 REQUIRED: -0- Backqround In order for the City to secure a date certain with a Pyrotechnics Firm for its annual Fourth of July celebration, (as has been customary) an agreement needs to entered into. Melrose Pyrotechnics, Inc., has provided this service to the City in the past, and as such would be the most practical firm to continue providing the City with its fireworks display. A three-year commitment provides a price of $12,500 per year with a 10% bonus for the third year. The new proposal has 100% electronically fired shows and is the same price as our agreement for 2001 through 2003. Due to the specialized nature of fireworks display(s) as it relates to the City of Sebastian including our unique logistical requirements, (i.e., firing from an island) and because Melrose Pyrotechnics has done a outstanding job in the past and is familiar with the details of our operation, staff recommends Melrose Pyrotechnics, Inc. be awarded the Fireworks Contract for July 3, 2004, July 4, 2005 and July 4, 2006. SUMMARY Move to waive the competitive bidding procedures, and authorize staff to enter into a three (3) year contract with Melrose Pyrotechnics, Inc., for the City's annual Fourt. b~ July Fireworks Display, for the years 2004, 2005 and 2006. MELROSE PYROTECHNICS, INC, February 9, 2004 Mr. Terrance Moore City of Sebastian 1225 Main Street Sebastian, FL 3295g Dear Mr. Moore, Thank you for your interest in Mekose South Pyrotechnics, Inc., and the 0pportunity '~o present this proposal for consideration. The enclosed shew proposal is consistent with~the displays we have provided in the past with regard to product quality and shell count. However, this propesal also includes 100% electronic fn-ing as was provided:~for the Pelican Island Centennial Celebration fireworks display last year. We are offering this proposal fora three-year:period, with a SUbstantial bonus m the City of Sebastian for ~ three-year commitment Included with this package is an explanation sheet, which details the bonus plan. If you have any questions on our proposal or the bonus program, please do noZ hesitate to call. I will make myself available to discnss this further at your request. Thank you again for the consideration, I look forward to continuing the relationskip we have built over the past eight years. Sincerely,. Scott Fulton Event Producer CHIC~ ATLANTA CHARLO'%fE MINNEAPOLIS LOUISVILLE MILWAUKEE PROGRAM FEATURES & BENEFITS Melrose Three Show Bonus Plan Due to the popularity of our three-year contract "The Melrose Millennium Program" .we would like to extend a new three-year offer to.our valued customers. Having you on our schedule of events long term helps us a great deal in planning our fireworks and personnel needs. Therefore, we are pleased to offer an additional 5% of the budgeted amount of your'first two contracts to your third display. In other words, your 2006 display will contain an additional ]0% bonus product. Example: July 2004 $]5,000.00 3onus for 2006 $750.00 July 2005 $17,000.00]]onus fo'r 2006 $'850.00 July 2006 $1 7,000.00 Bonus $ 1,600.00 Display Value $18,600.00 (The contract amount of your'third show.-must ~:be equal to.or greater than the two previous shows in o'rder to:receive the :bonus product.) This program also guarantees you will not be subjected to any pric, e increases for~the term of this agreement. The base 'quantity .of product:offered will:remain the same each year. The bonus will b.e added on'top of the:base mate:r, ial of the:third show. You can adjust:your budget and show dates each year provided .you remain ator above our minimum show amounts for specified dates. Your Melrose representative will tailor your contracts to suit your needs. Demand for professional fireworks services is increasing year after year..Fireworks companies are raising minimums and "turning away new business. Secure your shows now for the next three years. MELROSE PYROTECHNICS, INC. 1-800-771-PYRO [7976) / www.rnetrosepyro.com MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This contract entered in this 9TH day of FEBRUARY A.D. 2004 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN State FLORIDA. WITNESSETH: MELROSE SOUTH PYROTECHNICS, 1NC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fn'e display under the supervision and direction of the Customer, said display to be given on the evening of JI_rL¥ 3, 2004 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the fn'st party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within/he sole discretion of MELROSE SOUTH PYROTECHNICS, INC. In/he event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is cancelled by CUSTOMER prior to the display, CUSTOlvfER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, INC. on demand, all MELROSE SOUTH PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agrees to famish all necessary ftreworks display materials and personnel for fireworks display in accerdenee with the program approved by the parties. Quantifies and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agrend and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of $12,500.00 (50% DEPOSIT INVOICED APRIl, I, 2004). A service of 1 ~% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge are~ Co) Protection of the display area by roping-offor similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parries being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE SOUTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under th/s agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, end payments of this contract, these articles to,be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE SOU'~I pYROTECHNICS, INC. Date Signed: FEBRUARY 9, 2004 SCOTT FULTON P.O. Box 209 Catawba, SC 29704 800-771-7976 CUSTOMER By:. Date Signed: Name: Address: Phone: MELROSE SOUTH PI"ROTECI-JJVICS, INC. AGREEMENT This contract entered in this 9TI-I day of FEBRUARY A.D. 2004 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN Sme FLORIDA. WITNESSETH: MELROSE SOUTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of JULY 4~ 2005 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE SOUTH PYROTECHNICS,/NC. In the event the customer does not choose to reschedule another date or emmet agree to a mutually convenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for co~ts, damages and expenses. If the fireworks exhibition is cancelled by CUSTOMER prior to the display, CUSTOMER shall be responsible for ~a~,d shall pay MELROSE SOUTH PYROTECI-INICS, INC. on demand, all MELROSE SOLrTH PYROTECHNICS, INC. s out of packet expenses incu~ed in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of $12~500.00 (50% DEPOSIT INVOICED APRIL 1, 2005). A service of 1 ~% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. Co) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE SOUTH PYROTECItNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE SO[~I-I~PYROTECHNICS, INC. CUSTOMER By ¢,(lj)~'--~ - By:. Date Signed: 1fEBRUARY 9~ 2004 SCOTT i~U'LTON Name: P.O. Box 209 Address: Catawba, SC 29704 800-771-7976 Phone: Date Signed: MELROSE SOUTH PYROTECtt-NIC$, INC. AGREEMENT This contract entered in this 9TH day of'FEBRUARY A.D. 2004 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SEBASTIAN.(eustomer) of City SEBASTIAN State FLORIDA. WlTNESSETH: MELROSE SOUTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of JULY 4~ 2006 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE SOUTH PYROTECHNICS, 1NC. In the event the customer does not choose to reschedale another date or cannot agree to a mutually convenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% &the contract price for costs, damages and expenses. If the fireworks exhibition is cancelled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, 1NC. on demand, all MELROSE SOUTH PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. (5% BONUS FROM EACH OF TI-II~. FIRST TWO YEARS ADDED TO TIlE TItlRD YEAR AT NO ADDITIONAL CHARGE.) MELROSE SOUTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantifies and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is fiather agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of $12~500.00 (50% DEPOSIT INVOICED APRIL Iv 2006). A service of 1 ½% per month shall be added if account is not paid in full within 30 days ofthe show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at ail points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not s~ipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE SOUTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments &this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. lvI~LROSE ?OU/TH P~RQTECHNICS, INC. CUSTOMER By . I ;~)I ~g~'~--~.~ By: Date Signed: FEBRUARY 9~ 2004 SCOTi' FULTON P.O. Box 209 Catawba, SC 29704 771-7976 Date Signed: Name: Address: Phone: Cit~ofSebastan 1225 Main Street Sebastian, Flodda 32958 Subject: Interview, Unless Waived and Appoint Regular Member, Businessman to Unexpired Term on,ode Enforcement Board Ap~ed for~~/City M. anager ~ Agenda .o. O/~. ~ / .~' Dept. Origin: City Clerk Date Submitted: 2/11/2004 For Agenda of: 2/25/04 Applications, Ad, Board Member List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Due to the appointment of Mr. Simmons to the Planning and Zoning Commission, his regular member businessman position is vacant. There are ~ applications submitted for consideration. RECOMMENDED ACTION Move to appoint to the vacant regular member, businessman position that will expire 3/1/2006. , ~ I,~r_ OF CiTY APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~. ~ ,--- HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMI'I-FEE (serves only 6 months every 7years - meets next in 2006} CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets du/fng summer) ---'~CODE ENFORCEMEN3' BOARD (permenent board - meets once a month)* CONSTRUCTION BOARD (pen"nanent board- meets once a month)* : HANDICAPPED SELF-EVALUATION COMMITrEE (permanent board- meets quarterly) TPLANNING AND ZONING COMMISSION (permanent board- meets ~wise a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMI'I'rEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once e month) OTHER TEMPORARY COMM['J-FEE (if applicable) (WRITE IN COMMITTEE NAME) WFtling of financial disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) J HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /V HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? N 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? hereby certify that I am qualified to hold the posl§on for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided In this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. understand City of Sebastian Code of Ordi~,ncas Sections 2-166 through 2-173 (attached), Information relative to a Applicant Signature Subscribed and sworn to before me this -,~'J/J3 day of ~[~1¢~,.~¢,'/ . ~O~1~'. by C ~ · ~ ~' .~r$~ ~ ~o is ~nally kn~ ~ me, or has pmdu~ ~ ~ ~ c~fr~ ~t asiden~tion. IF,,,.~'~.., MARGARET L. KLAMM Ii NO~ Pub~, Sate ~ FIo~da IJ/~'~"~ ay COamSSlON ~ 0~a3~3 J ~pplicat.~ my. 1/20~ RE'OEIYED "iT';' OF SEBASTIAN ' ICE OF OtTY OLERK APPLICATION TO SERVE ON CITY BOARD/COMMITTE~= (Alt City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ,~:;'~__~L'~','~ "7- ,¢'~, C ~ ~ ~ ~" ~'~ HOME ADDRESS: .~"~7/ ~.,¢_.~/ /._/_.r_~..,~ HOME PHONE:'??,,2 ._ .>"-C:~ -~,c~¢,~' HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?~' .~".~' HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 200b~ CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (pen'nanent board) HANDICAPPED SELF-EVALUATION COMMrI-I'EE ~permaoantboard) '~7-'-'-PLANNING AND ZONING COMMISSION (perrnaoantboard) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMi ~ IEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permar~ent board) OTHER TEMPORARY COMMI't-FEE (If applicable) (WRITE JN COMMI'CFEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS ORANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER TH^N THE ONE<S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or comae is available if requ.este.~,, Applicant Signature ./~ -. EXPIRES: kimh 18, 2006 rev. 5/2002 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastien}'~3 NAME: C k'~_/,, I -~& HOME ADDRESS: ~' ~) (.o HOME PHONE:-~ ~. - ~- ~:) HOME FAX: E.MAIL: BUSINESS: ~'.'-'~{;:)c~. ?l~,,'v,,~'t'AS._3 --.~^~'. BUSINESS PHONE:-7-7,~_~/~.~;) BUSINESS FAX: ~r~- ~'~'~O E-MAIL: 15-~.~f~oe]~ ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every ?years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary. meets durtn~ summer) ~ CODE ENFORCEMENT BOARD (permanent board - meets o~ca a month)* CONSTRUCTION BOARD (pen'nenent board - meets once s month)* HANDICAPPED SELF-EVALUATION COMMII H=E (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets ~vioa a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent stetut~ry board- meets quarterly)* PARKS & RECREATION ADVISORY COMMu ~ ~-E (permanent boa~- meets once s month) TREE & LANDSCAPE ADVISORY BOARD (permsnent board- meets once e month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing nf financial discloses Is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~II=E: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? )(-)O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELEr~TED ABOVE? ,~,~, ~ I hereby ~ that I am qualified m hold the position for which this application Is made. Furb~er, I hereby authorize the CIt,/of Sebastian to Investigate the truthfulness of all information which I have provided In this appllce'don. I understand that any misrepresentation or omission of Info,nation requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specl~c .board or co~ Applicant Signature ~f~'~ ~'-~d , ~ ba~,ona,7 know. as identification. t Not~ry PubLic, State of Florida i My Comm~l=~,~ DD244219 ~LI~ Exp,. Noveml~r22 2007 \wp-form~npplicet.wpd rev. 1/2004 Charles E. Dodd 906 Fleming St. · Sebastian, FL 32958 · (772)388-5440 · eddodd@aol.com Professional Summary General Manager, J. Dodd Plumbing, Inc. 2001 - Present Provide general management for regional office of south Florida headquartered plumbing sub- contractor. Regional VP - Southeast Regional General Manager, LANtech, Inc 2000 - 2001 Managed Southeast Region for a national data, video, and voice wide area network distributor and integrator, served as member of Executive Committee. President and CEO, USAble Systems, Inc. 1996-2000 Held total profit and loss responsibility for a computer software development company with a staff of 80 employees; interface with outside directors, auditors, regulatory agencies and facilitated Board of Directors meetings, served as Board member and chairperson for Executive and Finance Committees. Various Management Positions Vice President, Marketing and Customer Fulfillment, USAble Systems, Inc. Marketing Manager, USAble Systems, Inc. Project Supervisor, Entergy, Inc. Project Manager, Entergy, Inc. 1975-1996 Community Service Little Rock Lions Club Board Member - Otter Creek Homeowners Association Board Chairperson - Otter Creek Homeowners Association Executive and Planning Committee member - Otter Creek Homeowners Association Education BS, West Virginia State College, Business Management, and Accounting APPLICATION TO SERVE ON C~['Y' BOARD/COMMITTEE (All City Boar0 and Committee MemBers Must be Residents of the City of Sebastian) HOME PHONE:~--[SZ~ HOME FAX: S~ m~ E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: ~Xj¢] ~ BUSINESS FAX: ~J ARE YOU A RESIDENT OF THE CiTY OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? HOW LONG? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: · CHARTER REVIEW COMMITTEE (aerve= only 6 month= every 7 years - meets next in 200~ CITIZENS BUDGET REVIEWADVISORY BOARD (teml)orary) .~"-~'~'--CODE ENFORC=MEN'T BOARD (petrnenent board) ' CONSTRUCTION BOARD {permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (penwanent board) ~'""~---"[--POLICE RETIREMENT BOARD OF TRLis ~t=r=S {permanent ~atutory board) PARKS & RECREATION ADVISORY COMMIT'i'Et= (temporary) TREE & LANDSCAPE[ ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMJ'i; ~E (if al:)131icable), (WRITE IN COMMI'~EE NAME) APP' ICABLE EDUCATION AND/OR EX, PERIENCE: (attach sepa.r _~ume [f~sary) R~SONS FOR WANTING TO SERVE ON BOARD OR~CO~MI~: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR OOMMII HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? I ~areb¥ certify th~t'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to invaSlJgate the l~Jth~ulness of all information which I have provided in this ap~Jicetion. [ undarst~ncJ that any misrel3resantation or omission of information requested in tflis a~3plicetion is cause for disqualh~cation. I1"'"' ""~a" '"t MY COMMISSION # 0[3833783 II ,twp.form~appl[ catv,13 d rev. ,~7.on 2 ~-',;iT',~ OF SEBASTIAN '-'i":FlOE OF OITY APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the Ci~ of Sebastian) NAME: Gilbert J. Swiser HOME ADDRESS: 667 Wallis Avenue Sebastian, FL 32958' HOME PHONE: 589-2831 HOME FAX: N/A E-MAIL: N/A BUSINESS: Sebastian l~ee2~W, Inc. BUSINESS ADDRESS: 1329 U.S. ~1 ,qeha~tian. FL 32958 BUSINESS PHONE: 589-3111 BUSINESS FAX: 589-3885 E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOWLONG? 29 yr. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? No WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (sea/es only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATiON COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (pen'nanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE iN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) life in general - business in general - most in the City of Sebastian REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'I-i'EE: keep Sebastian the beautiful City it is. Maintain the quality of life style developed over the years LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: uublic mi~ed - past Chairman Sebastian Airport Ccmt~ittee HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MOP, AL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? possibly I hereby cerlffy that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualitication, I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee, is available if..c9 u~ed. , Applicant Signature ~,/ /~ S-bscriba. and ,war. t0 before me thi, day of ~.-,;l~t---- ?~:'~.: ,who is parao,a,iy ~ne~n ~o me/Jar has p~oduced Notary Public, St~' of Florida / \wp-fo rm%applicat.wpd rev. 5/2002 . COde BOard member sought.. SEBAsTLAN _ C~[y c~ls. are seeking applicants through Feb'. t7 ro fill a regu- hr member Position on the, SebaStlan Code Enforcement Bba~. 1~ ThePOsition wil~.expira' arch 1, 2006. Al~P/icants :: mus]~ bg, ci~r residents; ~ 0fficials specifically wou]d rlike someone w~th business. eXnemnc~i · ~ 9~e th/rd Wedneedhy o~' eaca month~/n~ the council: Raiiroad repairs t~ close crossing SEBASTIAN__ Area m~ mr~sts trave3~_~m the vicin. it~ .of the Breezy.Viga~e Mo. bilc~HO~/e Park may be meonvemenced,fo~ ~.few days. beginn/ng StUtday; r~.~ae r~el~irs.are n~de.at a oan cross/n~. The F/or/da East Coas~ lq~//way w/Il closs 99th' Street. atthe:crossing, west vfU.'& .1;~fo: thres'.days be~/nn/ng at . Tam'..Sunday. Tlteroa~/s. *' ~xP;'cte~to reopen at. s.pan ~ .roaa:,wil}be providedt6, aD '.~?nicles m~cCess the r+ !'~"unmg'Dortion Of 99~- ' ~' Jenae Rider, 22; of laO0 block of Barber S/~ Sebast/an, was alTested day and charged W//h a ony possession of a, con- trolled substanqe; POsse °f marijuana less ttian 2 grams and, posSession of l~araphe~aLta af~e~:a~ [rs stop itl the 1300 blocl~ of] ~ umcer auegefftieT6~ .the ~ and~arapliem m~v~ew,.While 'mak/ug.the tra~c.'stop~ " 2Jacl~po'rs ProgressiveKii Free Coffee ~: ( Across from February 2, 2004 PRESS RELEASE CODE ENFORCEMENT BO?~RI) THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING POSITION ON THE BOARD: AN UNEXPIRED REGULAR MEMBER POSITION THAT WILL EXPIRE 3/2006 QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN & AS FAR AS PRACTICAL A BUSINESSMAN. THIS BOARD MEETS THE 3RD WEDNESDAY OF EACH }/[ONTH - 2:00 P.M. IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEB.~qTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOUR5 OF 8:00 ~ A.ND 4:30 PM AND WILL BE ACCEPTED THROUGH TUESDAY, 2/17/04. PLEASE NOTE THAT SHOULD COUNCIL CHOOSE AN ALI'ERNATE MEMBER TO F]7,L THIS PO~ITION, COUNCIL HAS THE AUTHORITY TO FILL THAT ALTERNATE POSITION USING THE SUBMi'rr~D APPL],CATIONS AT THE SAME COUNCIL MEETING. CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED - 2:00 P.M. MEMBER NAME POSITION APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Salvatore F. Neglia Engineer Took Tut Connelly's Term to 461 Georgia Blvd. Position Regular Member expire Sebastian FI 32958 Position 8/1412002 8/1/2005 - 388-5020 III William H. Simmons Businessman Reappointed Regular Term to 509 Drawdy Way Position Member Position expire Sebastian, Florida 2/26103 3/1/2006 32958 589-9826 Term to Took Sal Neglia's expire Unexpired Regular 3/1/2003 Member Position 2/13/2002 Subcontractor Took Ed Seeley' Term to Fred Clement Position 302 Easy Street Regular Member expire Sebastian, FL 32958 Position 9/24/2003 2/1/2006 581-0737 Term to Ken Cosco Realtor Reappointed to expire Served one full 372 Banyan Street Position Realtor Position: 3/112005 term Sebastian, FL 32958 2/27/2002 388-5432 Term to Reappointed to expire Regular Member 3/1/2002 Realtor Position 3/24/99 Term to expire 3/1/99 Took Gilliams Regular Member Term to Realtor Position 5~96 expire 6/1/98 Appointed 1st Alternate 6~95 Regular Took Barczyk's Term to Eva Schofield Member expire 1106 Breezy Way #1-C Position Regular Member 3/1/2004 Sebastian, FL 32958 Position 1/14/04 589-7440 Took Seetey's Term to Alternate Member expire Position 2/12/03- 4/1/2__.03 Because this only 2006 gave her t~o months, council voted to expire her in · 2006 Ronald M. Van Buskirk General Reappointed Regular Term to - Chairman Contractor Member Contractor expire 252 Dock Avenue Position Position 6/12/2002 6/112005 Sebastian, Florida 32958 Term to Expire: 589-7804 Took Peter Cavallo's 6/112002 Unexpired Regular Member Contractor Position 2/12/2001 Leon E. Griffin Regular Took Simmons Term to 108 Melton Avenue Member Regular Member expire Sebastian, FL 32958 Position 589-0983 position 2/26/03 3/1/2006 Took Addna Davis Term to Unexpired Altemat~ ~xpire Member Position 9/1/2004 Vacated 7/10/2002 Alternate Hank Buchanan Took Schofield's Term to 1101 Landsdowne Dr Alternate Member expire Sebastian, FL 32958 Position 1/14104 4/112093 388-5397 2006 Robert F. Manuel Alternate Took Griffin's Term to 103 Day Drive Altemate Member expire Sebastian, FL 32958 Position 2/26/03 6/1/2004 581-3592 BOARD RECORDING SECRETARY - Shirley Lynch City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Consider Extending the term of Ms. Eva Schofield on the Code Enforcement Board Approy~d for Sub~j~ittal by: Agenda No. ~,OI~ .Departmen. t Qri. gin: ~it~y C[erk~k~ Date Submitted: 2/10/04 For Agenda of: 2/25/0h Exhibits: Member List Expenditure Required: Amount Budgeted: SUMMARY STATEMENT Appropriation Required: Ms. Eva Schofield was appointed to a vacated regular member position on the Code Enforcememt Board on Jamuary 14, 2004. This vacated position is due to expire March 1, 2004. Because this appointment has omly givem her a chance to serve as a regular member for a month and a half, it is requested that Council consider extemding her expiration date to March 2007. RECOMMENDED ACTION At Council's discretion-- Move to allow Ms. Schofie[d to continue her regular member Code EnforcementBoard service for a full term which will expire March 1, 2007. CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING 18 NEEDED - 2:00 P.M. MEMBER NAME POSITION APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Salvatore F. Neglia Engineer Took Tut Connelly's Term to 461 Georgia Blvd. Position Regular Member expire Sebastian FI 32958 Position 8/14/2002 8/1/2005 388-5020 / ~~. '~'"- ~am H. Simmons/ Busineseman Reappointed Regular Term to wdy Way ./. Position n, Florida/// ~ Member Position expire / x ~\~'? 2/26/03 311/2006 Term to l,,, Took Sal Neglia's expire Unexpired Regular 3/112003 Member Position 2/13/2002 Subcontractor Fred Clement Position Took Ed Seeley' Term to 302 Easy Street Regular Member expire Sebastian, FL 32958 Position 9/24/2003 2/1/2006 581-0737 Ken Cosco Realtor Term to 372 Banyan Street Position Reappointed to expire Served one full Realtor Position: 3/1/2005 term Sebastian, FL 32958 2/27/2002 388-5432 Term to Reappointed to expire Regular Member 311/2002 Realtor Position 3/24/99 Term to expire 3/1/99 Took Gilliams Regular Member Term to Realtor Position 5/96 expire 6/1/98 Appointed 1st Alternate 6/95 81 Eva Schofieid Regular Took Barczyk's Term to Member expire 1106 Breezy Way #1-C Position Regular Member 3/112004 Sebastian, FL 32958 Position 1/14/04 589-7440 Took Seeley's Term to Alternate Member expire Position 2/1 2/03- 4/1/2 nn,~_ Because this only 2006 gave her two months, council voted to expire her in 2006 Ronald M. Van Buskirk General - Chairman Contractor Reappointed Regular Term to 252 Dock Avenue Position Member Contractor expire Position 6/12/2002 6/1 ~2005 Sebastian, Florida 32958 Term to 589-7804 Took Peter Cavallo's Expire: 6/1/2002 Unexpired Regular Member Contractor Position 2/12/2001 Leon E. Griffin Regular Took Simmons Term to 108 Melton Avenue Member Sebastian, FL 32958 Position Regular Member expire 589-0983 position 2/26/03 3/1/2006 Took Adrina Davis Term to Unexpired Alternate expire Member Position 6/1/2004 Vacated 7/10/2002 Hank Buchanan Alternate Took Schofield's Term to 1101 Landsdowne Dr Attemate Member expire Sebastian, FL 32958 Position 1/14104 388-5397 2006 Robert F. Manuel Alternate Took Griffin's Term to 103 Day Ddve Alternate Member expire Sebastian, FL 32958 position 2/26/03 6/1/2004 581-3592 BOARD RECORDING SECRETARY -Shirley Lynch City of Sebastiar , Florida Subject: Barber Street Sports Complex Approved for Submittal by: ( Department Origin~.~tiblic Finance: General Services: bate Submitted: 02118/04 For Agenda of: 02/25/04 E xh ibits: EXPENDITURE BUDGET REMAINING: APPROPRIATION REQUIRED: $ 00 $ 00 REQUIRED: $00 SUMMA.RY The Public Works Parks and Recreation Division as an update to the City Council is offer/ng this agenda to adv/se you that based on the evaluation of the Planning and Zoning Board discussed during their February 5~ meeting, we are going to reissue the bid for the rvsintenanee shed at the Barber Street Sports complex as either a metal building with stucco or a concrete block building to accommodate concerns regarding aesthetics. Location approval for this building was approved al the Planning and Zoning meeting in December 2002. There£ore this project will be postponed until next fiscal year. Th/s bid will be reissued as soon as pragtizal so that accurate prices can be obtained prior to budget preparation for Fiscal 04-05 and so that constEctien can be~n during the month of October in the new fiscal year. RECOMMENDATION There is no recommendation for approval required at fi:ds t/me. of Sebastian, Florida Subject: Recreational Impact Fees Agenda No. Approved for Submittal by: Department Origi~'e~Public W~r2~ Dept. Head: ?/O.~/ c~ /~/ Date Submitted: 02/18/04 For Agenda of: 02/25/04 Exhibits: Recreation Impact Fee Summary and copies of code ' EXPENDITURE : BUDGET REMAINING: APPROPRIATION REQUIRED: $99,000 $ 00 REQUIRED: $99,000 SUMMARY The Public Works Parks and Recreation Division is requesting that funds be allocated from the Recreational Impact Fees in order to make substantial park improvements at various locations. As shown on the attached breakdown sheet from the Finance Department the balance available from all zones is $624,875 as of February 18, 2004. Riverview Park is considered a regional park and therefore funds for improvements can come from all zones, however, we are proposing to take $30,500 from zones A, C, and D only. We are not taking funds from Zone B for Riverview Park because it has the least mount of money at this time. George Street Park funding must come from Zone D and Filbert Street Park funding must come from Zone C available funds. The following is a breakdown of the parks and their proposed uses. Filbert Street - $1,000 -400 feet of new fencing Filbert Street - $1,750 - for landscaping George Street - $3,000 - 1,350 feet of new fencing George Street - $1,750 - for landscaping Riverview Park - $91,500 - To install all new electrical in the park The approved budget for Fiscal 03-04 already allows for fimding to develop Bryant Court Park and Easy Street Park this fiscal year allocated from their respective Zones. RECOMMENDATION Move to approve the allocation of $99,000 from the Recreation Impact Fee fund to compl~ park improvements listed above. City of Sebastian Recreation Impact Fee Summary 02/18/04 IMPACT COLLECTED FEES TO APPLIED ZONE DATE TO DATE ZONE A 191,425.00 0.00 ZONE B 65,650.00 0.00 ZONE C 173,875.00 (2) 50,000.00 ZONE D 353,925.00 o) 40,000.00 TOTALS 784,875.00 90,000.00 BUDGETED AVAILABLE BALANCE FY 2003/04 BALANCE 191,425.00 191,425.00 65,650.00 (3) 30,000.00 35,650.00 123,875.00 (4) 40,000.00 83,875.00 313,925.00 313,925.00 February 2004 AMENDMENT 30,500.00 33,250.00 35,250.00 AD.lUSTED BALANCE 160,925.00 35,650.00 50,625.00 278,675.00 694,875.00 70,000.00 624,875.00 99,000.00 525,875.00 Budgeted Interns (0 FY 03 (2) FY 03 (3) FY 04 (4) FY 04 George St Park 40,000 Schumann Lake II 50,000 Bryant Court Park 40,000 Easy Street Park 30,000 Zone D Zone C Zone C Zone B PARKS AND RECREATION § 74-52 ARTICLE III. REC~ONAL IMPACT Sec. 74-§0. Fee required. The payment of a fee to the city in the Rmount of nine hundred seventy-five dollars ($975.00) to be used for the acquisition, expansion, construction and provision of c/ty recreation~d facilities sha~ be required as a condition of the issuance of a bu~di~ permit for any newly constructed dw~]ling unit of any End. A dwel]i~ unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a d~veHing unit of any kind, or whether it is an additional dwelliag ,,nit added to a lot, parcel, tract of property, thereby increasing the total number o£ dw~ll*~g units to two (2) or more. (Ord. Ne. 0-01-15, § 1, 7-11-01) Sec. 74-51. Credit for parcels vested under 1992 Bnnlr,mptcy Court Order. Pursuant to the Settlement z~4reement and Order in Case No. 90-12231-BKC-AJC of the United States BnnW~uptcy Court for the Southera Dis~rict of Florida, the fee for lots developed pursuant to the plate of the Sebastian Highlands Units 1-17 shall be six hundred fifty dollars ($650.00), which represents a credit of three hundred twenty-five dollars ($325.00) for the pro-rata amount of the impact fee attributable to costs of land acquisition under the level of service srmndards of the comprehensive plan. (Ord. No. O-01-15, § 2, 7-11-01) Sec. 74-§2. Cre ,~d4,1~ for the dedication of land for active recreation uses. · Upon the dedication of two (2) or more contiguous acres of land to the city as herei,~z~ter set foxth, a developer shall receive a credit agzin~t the fee otherwise required to be paid pursuant to tb~s article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted bi' the city council un~ess it finds the land to be sui~eble for public park or active recreation purposes. In determining the suitability the ~nd for such purposes, the city counc~ may consider ali factors and variables af:fecting such suitab/lity, including, but not Ill,ted to: a. Access from paved public s~reets. b. Size. Faiz market value. Physic~ ~b~acteristics and qualifies. e. Pro~i,~ity of the lamd to other recreation facilities. f. Availability of city ~mds to construct facilities on the land. g. Conforr, Rnce with the clefs compreb,u~ve Sulk. No. 29 CD74:9 § 74-52 SEBASTIAN CODE Conservation lands required as a condition of development approval by regulatory agenc/es shun not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the city manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates ~nd information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land ~h,l~ be dedicated to the c/ty in fee ~imple, and shall be f~ee of any Hens or encumbrances. (4) The cred/t shall be calculated as a ratio of the fair market vslns of laud dedicated, plus the value of any facilities constructed thereupon by the deveioper, divided by the tara1 recreational impact fee required to be paid. The fee required to be paid pursuant to ~h~ article shall be reduced by the percentage of c~'edit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by let b-~ The impact fee amount shall be reduced equally for each lot or in the case of multi-f-rally residential project~ each dwelli~£ unit, wi~hi~ the development by assessing the total impact fee per lot or unit mi-ns the proportionate share of the credit appTded to each lot. (6) If the percentage of credit is one hundred (100) percent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project dh~ll result in an impact fee credit in favor of the developer, which shall be assignable and shall rem,~n in effect for a m~mum often (10) years. Such excess credits may be used anywhere wi~h~, the city if arising from the dedication of a com~-,,nlty park facility. However, credit arising from dedication of neighborhood park facilities may only be utilized wi~.hi~ the recreational zone in which the development cont~ni~ the dedicated facility is located. (7) Arecreation impact fee agreement ~b~11 be provided gover~n~ credits and payment of fees. Such agreement shall be acceptable to the city attorney and city m~nager, and shall be recorded, (Ord. No. O-01-15, § 3, 7-11-0~) Sec. 74-~. Time of payment. The fee required by this article shall be paid at the ~i~e the buiM~-g permit is issued for each dwe11i-g ~-~. (Ord. No. O-01-15, §, 7-11-01) Sec. 74-54. Establishment of recreatiom zones. The city shall be divided into four (4) recreational zones which shall fimction as service areas for neighborhood park fa 'c~lities as fonows: (1) ~ene.4. Begin at the intersection of centerlines of Fle~nlno~ Street and Ci~ 512; thence follow centerlins of Fle~i-g Street north to l~i~ Street; thence fonow cenmrline of Supp. No. 29 CD74:10 PARKS AND RECREATION § 74-55 Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Rose. land Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Boseland Satellite Airfield Tract 3, continuing as the s~ne tine becomes the city limits; thence fo]low said city limits to the west and around until the s~me intersect~ with CB 512; thence follow northeast along the centerline of CB 512 to the point of beginning. (2) Zone B. Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast unt'fl it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit l; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the s~rne as it becomes the boundary to Roseland Satellite Airfield Tract 8, continuing until said line iutersects with the ciD, limits along the northwest comer of the former St. Sebastian PUD; thence follow said c~ty llm~ts to the northeast and mound v. ut'fl the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the canterline of CR 512; thence along said fight-of-way to the point of be~nn~ng. (3) Zone C. Begin at' the point the city Brn~ts intersect the boundary of Sectioas 7 & 18 from the r. orth; thence fo]low said.city limits east and around south until the same intersects with Powerline l~oad; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the cen~erline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 & 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the point ofbe~nniug. (4) Zone D. Begiu at the poi~t the boundary of Sections 12 & 13 intersects the centerline CR 512; thence fallow said section line east to the point the Collier Waterway intersects the s~rne from the south; thence follow the centerline of the Collier Waterway until it intersects with the E)lr~rn Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of Barber Street; thence follow the centerline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the eenterline of Powerline Road south to the city limits; thence follow the city limits to the west and around to the north to CR 512; thance follow along the centerline of CR 512 to the northeast to the point of be~nu~ng. (Ord. No. O-01-15, § 5, 7-11-01) See. 74-55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate Supp. No. 29 CD74:11 SF, B ASTiiA AGENDA TRANSMITTAL Subject: Approve Suffolk Construction Agenda No. ~)L~,. ~l(f~ Second Guaranteed Maximum Price Amendment For Construction Of City Department Origin: General Services HaH Municipal Project Parle General ServicesAdministrntor: ~-~e~/--~---~ / ~ Date Submitted: February 19, 2004 For Agenda of: February 25, 2004 Te~'~nee ~Ma6~e, City Manager Exhibits: Second Guaranteed Maximum Price Amendment, Exhibit "I", Attachment #1 EXPENDITIfRE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $1,625,460 $1,853,532 REQUIRED: None SUMMARY On September 24, 2003, City Council approved Guaranteed Maximum Price Amendment To Cons~a'uction Manager at Risk Services Contra~ Between City and Suffolk Conslrucfion dated April 14, 2003, for cons~'ucfion of the New City Hall, & Police Department Expansion/Renovation. The Amendment also expanded thc scope of the Project to include development of the edjoining municipal park as part of the Project. Suffolk agreed to provide pre-conslruction services on this aspect of the Project for no additional compensation. The amendment calls for the ustablishmem of compensation for construction services on the expanded Project, and that is what brings us before City Council today. PEG Architects has completed final design of the municipal park ("park") and has presented to you today the design and features of this approximately seven (7) acre, multiple use park. REG Architects has reviewed the costs submitted by Suffolk for the construction of the park, and in their opinion feels the cost submitted are reasonable. Our business relationship with ~he Suffolk ConsU'uction Team has been excellent in regard to the City Hall, and Police Department construction services being provided by them, therefore, without reservation, it is with great pleasure to recommend that City Council approve and authorize the Guaranteed Maximum Price Amendment for the construction of the Municipal Complex Park. RECOMMENDED ACTION Move to authorize execution of the "Second Guaranteed Maximum Price Amendment To ConsWuetion Manager At Ri~k---~... Services Contract Between City and Suffolk Cousffuetien dated April 14, 2003". Second Guaranteed Maximum Price Amendment To Construction Manager at Risk Services Contract Between City and Suffolk Construction dated April 14, 2003 PURSUANT TO Article 2.1.13 of the Construction Manager at Risk Services Contract between City and Suffolk Construction, Inc. dated April 14, 2003, and the Guaranteed Maximum Price Amendment thereto dated September 25, 2003, the parties hereby enter into the following Second Amendment to said contract: The Guaranteed Maxim,ma Price ("GMP') Proposal for the Municipal Complex Park, attached hereto as Exhibit 'T', is hereby accepted in accordance with the assumptions therein and the terms of the original contract, as subsequently amended. All remaining terms of the original contract, as subsequently amended, shall remain in full force and effect. AGREED TO this __ day of February, 2004. CITY OF SEBASTIAN ATTEST: Terrence R. Moore, City Manager Sally Maio, CMC, City Clerk SUFFOLK CONSTRUCTION, INC. Approved as to form and legality for Reliance by the City of Sebastian only: Its: Rich Stringer, City Attorney February 18, 2004 "Exhibit I" Mr. Paul Wagner General Services Administrator City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sebastian Municipal Park Dear Paul It was a pleasure meeting with you and Terrence today to review the proposal for the Guaranteed Maximum Price for this project. As discussed today, our proposed G.M.P. for the construction of the New Municipal Park, including site work, utilities, and landscaping (see Attachmem #1) is: ONE MILLION SIX HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED AND SIXTY DOLLARS, ($1,625,460.00). COMPLETION DATES: The project Substantial Completion will be 11/15/04 and the Final Completion / Owner Occupancy Date will be 12/15/04. These Completion dates are based on a construction start of no later than 7/1/04. CONTINGENCY: This GMP includes a Construction Comingency of $68,591.00. ASSUMPTIONS: The City shall assume the risk of wind and flood damage deductibles under the provisions of the Builder's Risk policy required by GC 31 of the original contract, and the City's assumption of said risk is reflected in the Guaranteed Maximum Price. We look forward to starting this exciting project, and working with your staffthrough completion. Sincerely, SUFFOLK CONSTRUCTION COMPANY, INC. Kurt S. Langford Project Executive ATTACHMENT #1 2/18/04 SEBASTIAN MUNICIPAL PARK NARRATIVE SUMMARY OF INCLUDED ITEMS: · 1 tennis/concession building · 1 restroom building · 2 medium timber framed pavilions with bbq grille, trash receptacle & picnic tables · 3 aluminum/canvas (9' x 12') shade structures at tennis and shuffle board courts · 4 Her Tru (clay) tennis courts with all above ground irrigation system · 4 shuffle board courts · 2 bocce ball courts · 2 horse shoe pits · 2 sand volley ball courts · 1 sottball field with chain link fence back stop and dugouts and bleachers · 1 children's tot lot · Sofiball field lighting · Tenni.~ court lighting with added fixtures to light/he shuffle board, bocce ball and horseshoe area · 2 portable soccer goal posts · 8 general park benches · 4 general park trash receptacles · Landscaping and irrigation designed to meet $150,000 allowance · 1 fountain designed to meet $20,000 allowance · Asphalt walking path from City Hall parking lot behind Boys & Girls Club location to the softball field · Brick paver patch from parking lot to tennis/concession and restroom buildings · Concrete sidewalks connecting parking lot to tot lot, courts and sol, ball field TOTAL SEBASTIAN MUNICIPAL PARK CONSTRUCTION COST $1,625,460 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Airport/Public Works/Engineering Administration Facility and Police Evidence Compound Approved for S[ll~mittal by: Terr~e Moo~, C~-~ager AgendaNo. ~OL/ , Department Origin: Dept. Head: Finance: General Date Snbmitted: 2/18/2004 For Agenda of: 2/25/2004 Exhibits: Design/Build Construction Services Agreement EXPENDITURE REQUIRED: $1,850,480 AMOUNT BUDGETED: $1,950,000 APPROPRIATION REQUIRED: $ n/a SUMMARY. In September of 2003, City Council authorized staff to negotiate a design/build contract with Holland Builders of South Florida, Inc., to design and construct the Airport/Public Works/Engineering Administration Facility, the Police Evidence Compound, and related infrastructure improvements, not to exceed $2,324,633.55. Since that time, staffhas been diligently and thoroughly examining the scope of the project and negotiating with Holland Builders to lessen the total project cost. Based on our efforts, we were able to reduce the total project cost to $1,950,000. This was accomplished by implementing a number of money-saving alternatives including, in- kind services for site work, City purchasing materials (saves sales tax expense), removal of some items from proposal, and some overall value engineering in the facility design. As evident in the above-listed figures, a savings in excess of $300,000 has been realized. In addition to the measures taken above, the construction of the aircraft-parking apron has been removed from the contract, due to their cost estimates for this small portion of the project. Staff believes that the work can be done for less than Holland's proposed $150,000, using existing City contract prices for asphalt work. This item will be investigated further and brought back before you for final authorization, once a final cost can be determined. This explains why the 'Required Expenditure' is less than the 'Amount Budgeted' above. Please note that the total project cost, including the apron construction, will not exceed the $1,950,000 budget. Finally, please see the following Table, which details the funding sources for this project. Lines 1-4 represent funding authorized in the Fiscal Year 2003/2004 City of Sebastian Budget. Lines 5-9 represent some procedural fund transfers need to be authorized in an effort to officially finalize the project budget. These figures have always been available for the project and were mentally noted by staff during the cost estimation process, but we chose not to request a formal fund transfer until we had final figures in place. Table 1, Administration Building Project Fund Allocation Airport Administration Building Project February 12, 2004 Funding Sources: This amount represents unspent dollars on closed-out projects. As can be seen in the above table, line items 5 through 9 are those that require authorization to transfer into the project budget. It is for this reason that the following staff recommendation contains two parts, one to award the contract to Holland Builders and one to authoriz~ the fund transfers. As you are undoubtedly aware, this project represents a significant and important achievement, not only for Sebastian Municipal Airport, but for our city as a whole. Upon completion of this endeavor, we will have a facility that meets our essential needs for operation as well as one that has been constructed in a manner that truly represents the architectural flavor of our beautiful city. Airport, Public Works, and Engineering staff, as well as representatives from Holland Builders and their design build team, C.E. Block Architects & Mosby and Associates, as well as representatives from The LPA Group, Inc., who drafted the original design and engineering work for the proposal, will all be available during your February 25, 2004, regularly scheduled meeting to address any questions and/or concerns. RECOMMENDATION Move to authorize staff to transfer funds as outlined in Table I of this transmittal and approve "Design~Build Construction Services Agreement" contract with Holland Builders of South Florida, Inc. for $1,850,480. DESIGN/BUILD CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this __ day of , 2004, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Holland Builders of South Florida, Inc. a corporation authorized to do business in the State of Florida, ("Contractor.") WHEREAS, the City desires to engage a Florida licensed design/build contractor who has special and unique competence and experience in providing services necessary to complete the Project hereunder; and IafI-IEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby engages the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and any Subcontractor(s), or between any person or firm other than the City and Contractor. The Contractor shall not Sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of its fight, title of interest therein or its obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also call~:I CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Proposal Documents (including Technical Specifications and Concept Plans), the Contractor's Proposal (including Construction Plans subsequent prepared in Kutherance thereof, which shall hereinafter jointly be called the "Plans"), Bond Forms, Work Orders, Change Orders, Addenda if any, Change of Scope, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Technical Specifications and Concept Plans (hereinafter called the "Specifications") are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. Based upon the Specifications, Contractor has prepared the Contractor's Proposal and, in fulfillment of its obligations hereunder, shall prepare detailed Construction Plans to cover all details entering into the design, construction methods, materials and equipment required to complete the Project. The intent of the Agreement Documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party 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 Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement 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. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, 2 Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the Term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.1 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, wind or other natural phenomenon (including ~ropical waves and depressions) of normal intensity for the locality shall not bc construed as an Act of God. 3.2 ADDENDUM (re: bid documents) A modification of the plans or other Contract Documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.3 CHANGE ORDER A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement. 3.4 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the Contract Documents. 3.5 ENGINEER The design criteria professional, whether an individual or a firm, designated by the CITY to perform those functions required by Fla. Stat. 287.055 (10) (c) (5). 3.6 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed by City and Contractor subsequent to execution of the Agreement, with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.7 WORK, (The) or PROJECT, (The) The public improvement known as the Airport Administration Building as contemplated in the Plans and Specifications, as modified by the attached Services Agreement Exhibit "A", and all actions necessary to construct the same. 3.8 WORK ORDER Work orders are work instructions including specification and plans, that show the location, character, dimensions and details of the work to be done. Work Orders are specific detailed instructions, of limited scope, that will be a part of this Contract. Work orders shall be considered part of the Contract Documents. ARTICLE II - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor prepare all design and construction documents, as well as all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and ali incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner reasonably acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, calculated dimensions will govem over scaled dimensions; Plans and Specifications shall govern over the general contract provisions, cited standards or FAA circulars. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly analyze the validity and seriousness of 4 the claimed condition and authorize Contractor to undertake correction of any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after its discovery of such discrepancies, errors or omissions without consulting with Engineer shall be done at the Contractor's risk. Any correction or errors or omissions in the Plans shall be made by the Contractor, subject to approval by the Engineer, when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor and was based upon inaccurate material representations within the Specifications, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES iN THE }VORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. Where said corrections are not due to inaccurate representations in the Specifications, said work shall be done at Contractor's cost. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Contractor shall provide Engineer with full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIYlCATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as-built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor on site, and it hall assume the responsibility for their use. 5 4.6 SAMPLING AND TESTING Except as otherwise provided, reasonable sampling and testing of all materials, and the laboratory methods and testing equipment, shall be made in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The City shall be given sufficient notification of the placing of orders for materials testing. When the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re-testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. 4.7 SHOP DRAWINGS At regularly scheduled meetings with the City, the Contractor shall provide shop drawings, setting schedules and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications. Deviations from the Plans and Specifications, and substitutions of materials or equipment shall be discussed with the City at such meetings. The City's approval of Contractor's submittals at said meetings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. 5.0 MATERIALS AND WORKMANSHIP 5.1 STORAGE OF MATERIALS Materials and equipment shall be stored so as to assure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. 5.2 REJECTED WORK AND MATERIAL Any materials, equipment or work which do not satisfactorily meet the Plans and Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out/removed and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.3 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.4 SKII,L AND CHARACTER OF WORKMEN All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the.written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at ali times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 5.5 CLEANING LIP The Contractor shall at all times keep the premises free fi:om accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, they shall remove all of their rubbish, tools, scaffolding and surplus materials and shall leave their work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed 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 surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to 7 the Contractor to correct the situation, 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 moneys due the Contractor. 5.6 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. Ail material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.7 GUARANTEE The Contractor shall warrant all equipment furnished and work performed by it for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 5.8 DIRECT PAYMENT FOR EQUIPMENT/MATERIALS Contractor and City shall coordinate the purchase of materials and installed equipment where reasonable as a means of cost savings through direct payment by City to realize tax savings. Contractor shall submit its accepted vendor bids for materials and installed equipment to Engineer for consideration for direct payment. The cost of items so pumhased, and the resulting tax savings, shall be deducted from the Contract Price by Change Order, without an adjustment to the Price for overhead or profit. 6.0 LOCATION OF EXISTING UTILITIES 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 8 contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of utilities which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City reserves the fight to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another governmental agency, at any time during the progress of the Work. Except as indicated on the Plans or Contract Documents, the Contractor shall not permit any individual, firm or corporation to excavate or otherwise disturb any utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconstruction, or maintenance as per this section, during the progress of the Work, the Contractor shall cooperate with such owners in arranging and performing the Work in this contract so as to facilitate such construction, reconstruction, or maintenance by others whether or not such work by others is indicated on the drawings. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the Work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others but shall be entitled to an extension of the time to complete for any delay to the work resulting from the same. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. 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 temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. 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. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 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. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence or acts of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work within the time schedule submitted in response to the Request for Proposal, subject to any Addenda or Change Orders hereto. 7.4 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. It shall use suitable precautions l0 to prevent damage to pipes, conduits and other underground structures, and shall protect carefully fi:om disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership The Contractor shall not enter upon private property for any purpose without obtaining permission fi:om the property Owner thereof. 7.5 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furuish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Plans and Specifications where applicable and work not so covered shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.6 EXTENSION OF CONTRACT TIME No extension of time shall be valid un/ess given in writing by the City or otherwise provided in the Contract. No monetary compensation shall be given for delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.7 CORRECTION OF WORK 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 apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations that Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.8 LIQUIDATED DAMAGES In the event Contractor fails to perform any provision of the Contract Documents within the time schedule allotted, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of two hundred fifty dollars ($250) per day beyond the agreed completion date. Inspection of the Work by the Engineer and the subsequent issuance of a notice by the Engineer indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan that describes the Contractor's plans and procedures to protect the safety and property of 12 property owners, residents, and passers-by. The plan shall describe measures and precautions to be taken during working hours and non-working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors h/red by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising fi:om penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of constmction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. C. Within Airport Property. When the work requires closing an air operations area of the airport or a portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-IF, Mark~'ng of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and its parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2C, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2c. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards Until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 8.2 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work-day, and shall leave no open trenches or excavations over-night unless properly fenced and with the specific approval of the Engineer or the City. 8.3 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall park any construction equipment left overnight or on weekends in designated areas. At the close of work each day, the equipment shall be driven to and stored in the designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.4 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 14 8.5 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enfome their use. Contractor shall rigorously prohibit the comrrfitting of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.6 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shalI provide and pay for any temporary piping and connections. 8.7 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.8 DUSTCONTROL The Contractor shall provide for adequate protection against raising unreasonable objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.9 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.10 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient reasonable precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus mater/als in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. Contractor shall comply and be responsible for coordinating all current US EPA National Pollution Discharge Elimination System (NPDES) guidelines and documentation for construction. 8.11 LIMITATION OF OPERATIONS The Contractor shall control its operations and the operations of its subcontractors and suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct its operations within the Air Operations Area of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an Air Operations Area until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place. When the contract work requires the Contractor to work within an Air Operations Area of the airport on an intermittent basis, the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the Air Operations Area, and immediately obey all instructions to resume work in the Air Operations Area. Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations Area until the satisfactory conditions are provided. The Air Operations Area that cannot be closed to operating aircraft on a continuous basis, and will therefore only be closed on an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article IH - SUPERVISION AND ADMINISTRATION 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the acceptability of materials furnished, work performed, or work to be performed, and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions~ All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.2 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the CiW's permission. Any such suspension in excess of ten (10) calendar days, if not the fault of Contractor, shall entitle the Contractor to negotiate a reasonable additional fee for remobilization and shall extend the time for completion. 9.3 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Plans and Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Contract is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.4 QUALITY ASSURANCE TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. The City will conduct quality assurance tests it deems necessary to determine if the Work functions properly. Arrangements for these quality assurance testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements, as well as the cost of retesting when materials and workmanship fail to meet specified requirements, will be deducted from moneys due the Contractor. 9.5 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Plans and Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.6 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authohty to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.7 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after ten (10) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all reasonable costs incurred to correct deficiencies. 9.8 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the fight to terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action and after allowing 10 days to cure. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever it shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.9 RIGHTS OF VARIOUS INTEREST Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective fights of the vahous interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.10 SEPARATE CONTRACTS The City may let other contracts for other work in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting its work and to report to the City any irregularities which will not permit it to complete its work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 19 9.11 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract for subcontracts executed prior thereto, or thereafter at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as it is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. 9.12 WORK DI. YRING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, it shall notify the Engineer and City of the emergency as soon as practicable, but it shall not wait for instructions before proceeding to properly protect both life and property. 9.13 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.14 NIGHT AND/OR SUNDAY WORK Night and Sunday work will be permitted. 9.15 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.16 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer and only after issuance of a C.O. or T.C.O. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the 20 Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set-offs to liquidated damages) shall be allowed for such use or occupancy. 9.17 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and it shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether ar/sing from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence or acts of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10. i DETAILED BREAKDOWN OF CONTRACT The Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each Work Order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amotmt less previous payments and back charges. 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 warranty that the City has received the materials and equipment flee and clear of all liens, charges, security interests and encumbrances, all of which shall he satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the Engineer. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection", which will take place no later than ten (10) days after the Contractor advises of Substantial Completion. Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump-sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of thc request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent and amount necessary and reasonable for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written Change Order. 22 (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or haspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City~ If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contracton 23 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor, whether it is an addition or a reduction of the original total contract cost and whether an extension of the completion date is applicable. Should additional or supplemental drawings be required, they will be furnished by the Contractor. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the fome account method is used, the Contractor shall provide full and complete records of all costs for review by the City. Said Change Order shall constitute full compensation for all claims relating to the changed or additional work, including delay damage claims. B. Claims Claims arising from changes or revisions to the scope of work made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 24 C. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of: 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement, whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the contract price based upon differing site conditions is specifically conditioned upon pr/or written approval of the additional compensation by City. Said equitable adjustment shall constitute full compensation for all claims relating to the differing conditions, including delay damage claims. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 CANCELED ITEMS OF WORK The City shall have the fight to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit and overhead allowance percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.2, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 25 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.6 and in correcting deficiencies in accordance with Paragraph 9.7 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK FOLLOWING CONTRACT TERMINATION A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the reasonable cost of the replacement contractor and other reasonable expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by Contractor under this Agreement shall be considered property of City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Swom Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. 26 If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made, As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as-built drawings which may be required. The Contractor shall fumish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment, which shall be made within thirty (30) days after Engineers Certification of Completion of the Work. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, pementage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 27 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exemises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTEFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 28 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORKPLACE The Agreement documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH 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, et seq.), Executive 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). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. 29 Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to fumish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. 30 The Contractor shall keep himself fully informed of ail existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.12 DEBARMENT AND SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Contractor shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transact/on by any Federal department or agency; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Contractor's work under this Agreement. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person, by telegraph or registered or certified mail, or ovenfight delivery service (such as Federal Express) to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail, or overnight delivery service (such as Federal Express) to the individual, firm, or corporation to the business address stated in the Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City on behalf of the Contractor. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for? nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 32 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio, CMC City Clerk (SEAL) By:_ Name: Terrence R. Moore Title: City Manager Approved as to Form and Content for: Reliance by the City of Sebastian Only R/ch Stringer, City Attomey ................... CONTRACTOR Signed, sealed and delivered in the presence of: Holland Builders of South Florida, Inc. NAME: NAME: By: Name: Title: 33 SERVICE AGREEMENT EXHIBIT "A" The following changes to the Scope of Work provided with the RFQ&P for this project become hereby a part of the Contract as previously agreed by both parties. The Contractor will perform all design-build services as detailed in the contract requirements and documents to provide the following alternate proposals submitted by the Contractor as part of its Financial Proposal: 1. Alternate B. Three Phase Power. 2. Alternate E. Exterior Finish options, Hardi-plank 3. Alternate F. Corridor Finish Options, Wood Ceilings Cost $ 50,000.00 Cost $15,000.00 Cost $ 8,500.00 TOTAL ADDITIONS $ 73,500.00 The following adjustments 1 through 5 as proposed by the Contractor: 1. Clear and Grab 57,000 s.f. 2. Provide new fill 4,700 c.y. 3. Demolition of pavement 70 c.y. 4. Credit Adjustment for new generator 5. Delete Fountain and Mural Amount of deletion $14,250.00 Amount of deletion $ 28,200.00 Amount of deletion $ 1,750.00 Amount of credit $ 25,000.00 Amount of deletion $ 30,800.00 TOTAL DELETIONS $100,000.00 SEI ASTIAkl HOME OF PELICAN ISLAND Subject: Stormwater Engineering Service Contracts Terrence R. M~~ Exhibits: Agenda No. 0/4, 05(_3 Deparmaent Origin: Engineering - City Enginefir: General Services Administrator: _7 0'~99.1t~7.0~ Date Submitted: 02-17-04 For Agenda off 02-25-04 EXPENDITURE REQUIRED: I AMOUNT BUDGETED: [ APPROPRIATION RF-X~UIRED: N/AI N/AI N/A SUMMARY In accordance with 287.055F.S., 'Consultants Competitive Negotiations Act', the City of Sebastian invited Florida Licensed Professional Engineering Firms that specialize in providing Stormwater Engineering Services to present their qualifications pertaining to various services required by the City in order to accomplish the implementation of the City's Stormwater Utility improvements. On January 29, 2004 at 2:00 p.m., the City received responses from eight (8) fa'ms submitting qualifications. The City's Consultant Evaluation Committee consisting of Terry Hill, Public Works Director; Tmcy Hass, Growth Management Director; Kenneth Jones, Stormwater Engineer; Keith McCully, Stormwater Engineer Indian River County, and Jesus M. Vieiro, Buyer interviewed all the Engineering frans on Wednesday, February 11~ and Thursday, February 12t~. The Committee evaluated each Firm's Qualifications using very specific score criteria outlined in the RFQ to rank the firms. All the firms are listed below in ranking order. ENGINEERING FIRM SCORE RANK Camp Dresser & McKee; Vero Beach WCG/Neel Schaffer, Inc.; Vero Beach 476 1 455 2 Berryman & Henigar, Inc.; Cocoa Beach 448 3 Environmental Consulting Technology. Inc.; New Smyrna Beach 447 4 LBFH, Inc.; Fort Pierce 443 5 Masteller & Moler, Inc.; Vero Beach 443 6 Johnson, Mirmiran & Thompson (JMT); Lake Mary 433 7 Mosby & Associates, Inc.; Vero Beach 363 8 In order to accomplish the improvements outlined in the Master Stormwater Management Plan in a timely fashion, Staff recommends the approval of the ranking of the frans and authorization to proceed with contract negotiations with the two highest ranked firms RECOMMENDED ACTION Move to approve the ranking and authorized Staff to proceed with contract negotiations with the two highest ranked firms Camp Dresser & McKee and WCG/Neel-Schaffer, Inc. ~ City of Sebastian, Florida Subject: Low Income Senior Exemption Ap~~~r Agenda No. 0 q, 0 0 2.- Department Origin: FinancJ..~- Date Submitted: February 18, 2004 For Agenda of: February 25, 2004 Exhibits: · Attachment A · Ordinance 0-04-02 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A N/A N/A SUM1VL4~Y In the City Council Information Letter dated January 30, 2004, staff has provided background information concerning the implementation of a Low Income Senior Exemption. Section 196.075, Florida Statutes (2000) aathorizes the Board of County Commissioners of any county or the governing authority of any municipality to adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five, and whose household income does not exceed $20,000 as adjusted periodically for changes in the cost of living. Based on the information provided by the Property Appraiser's Office - "Attachment A", there are a total of 442 households within the limits of the City of Sebastian that have qualified for the exemption status in the 2003 tax year. The financial impact on the City's tax revenue based on the number of eligible senior households in the City is $48,564 or approximately $110 per qualified household if the City's millage rate remains unchanged. Due to the strong growth in new construction and appreciation of property value in the City, staff anticipates a minimal financial impact from implementing the Low Income Senior Exemption. If the City Council decides to grant the additional exemption, an orddnance must be adopted before the end of calendar year 2004 in order to be included on the 2005 tax bill. Consequently, the City's revenues will not be impacted until Fiscal Year 2005-2006. RECOMMENDED ACTION Consider adoption of Ordinance 0-04-02 on first reading; schedule adoption hearing. ATTACHMENT A David C. Nolte, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOU! 1840 25t~ Street ® Veto Beach, FL 32960 City of Sebastian Ms. Shai Francis, Finance Director 1225 Main St Sebastian, FL 32958 Dear Ms. Francis, In the 2003 tax year, we have had 1,459 eligible Sen/or Citizens tal(e advantage of the Low Income Senior Exemption. This includes 442 senior households within the limits of the city of Sebastian. City officials now have the task of deciding whether this exemption will affect their Municipal Tax Revenue. We have estimated the affect this would have on your tax revenue based on the number of eligible senior households in your city, the value of their exempt assessments, and your proposed 2003 millage rate. Senior Exempt Assessed Values x 2003 Proposed Municipality Millage = Senior Exempt Municipal Tax Revenue $10,579,500 x .0045904 = $48,564 This would equal an additional savings of $109.87 per senior household in Sebastian, if the Senior Exemption is passed by your city officials. We hope this information is helpful to you in planning for the 2004 tax year. If you have any questions, or require additional information, please call 567-8000 ext. 1662. Sincerely, Mandy P Maloney, CFE Assessment Control Specialist (772) 567-8000 ~ Fax: (772) 770-5087 httD://www.ircDa.orQ ORDINANCE NO. 0-04-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: FINANCE, TO CREATE DIVISION 3, ADDITIONAL HOMESTEAD EXEMPTION AT AGE SIXTI'-FIVE; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption not exceeding twenty-five thousand dollars ($25,000) to any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS, Section 196.075, Florida Statutes authorizes a murficipality to adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000 as adjusted for changes in the cost of living; and WHEREAS, the City Council elects to implement the additional homestead exemption pursuant to Article VII, Section 6(/3 of the Florida Constitution, and Section 196.075, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD ENACTED. That Chapter 2, Article IV of the City Code, CiW of Sebastian, Florida, ADMINISTRATION: Finance is hereby amended to create Division 3. ADDITIONAL HOMESTEAD EXEMPTION AT AGE SIXTY-FIVE consisting of Sections 2-120 through 2-122, to read as follows: Sec. 2-120. Definitions. For the numoses of this Ordinance. the followine terms shall have the llleanines indicated below: a. "Household" means a nerson or ~rouv of versons living together in a room or grouv of moms as a housing unit. but the term does not include versons boarding in or renting a vortion of a dwelling. b. "Household income" means that the adjusted ~ross income, as defined in s. 62 of the United States Internal Revenue Code. of all members of a .household. c. "Propertv At>oraiser" means the Indian River Countv Pronertv Ar>oraiser. Sec. 2-121. Additional Homestead Exemntion. pursuant to the nrovisions of Section 196.075. Florida Statutes. beginning January 1~ 2005, an additional homestead exemution in the amount of twenty- five thousand dollars ($25.000~. which additional homestead exemnfion ant)lies only to taxes levied bv the City of Sebastian. shall be allowed for any person who has legal or eouitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65'~. whose household income does not exceed twenty thousand ($20.000~ as such amount has been adiustment in accordance with Fla. Stat. Section 196.075 (3~. and who submits to the Property AnDraiser a sworn statement of household income as Sec. 2-122. Annual submittal reauired. A taxpayer claimine the exemption must submit to the Pronertv Anvraiser. not later than March 1 of each year. a sworn statement of household income on a form orescribed bv the Florida Denartment of Revenue. Section 2. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The forgoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a ote, the vote was as follows: Mayor Walter Barnes Vice-mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this __ March, 2004. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Strmger, City Attorney HOh~ Of l~lJO~l AGENDA TRANSMITTAL Subject: Acknowledgement of"tbank you" letters from citizens. TeXrrence R. M60re. City Manager Agenda No. D~, 0/~ i Date Submitted: February 19, 2004 For Agenda of: February 25, 2004 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY Receiving a "thank you" letter from dtizens who have encountered eXcellent customer service, extreme professionalism, and exceptional responsiveness is noteworthy information. Employees receiving such correspondence should be commended for their efforts publicly. To that end, it is Our pleasure to provide copies of these letters so that City Council can recognize the employees that are serving the community to the best of their ability, often exceeding expectations. If you have any questions or comments, do not hesitate to call me at 388-8202. To.' Officees .lohu Grl,~,~lch, Magk l~ischet, Joe Byers, and g~t. Dino Savvlds, Words can~.ot' ~begitl to show the gtatkude I have f~r these officers of tl~e Se~st~n Ponce De~rtment ~ how deists they ~ndkd the loss of my fathe~-~-~w, Aathon? Butti. Tha~ you fo~ the ~ondeff~ t~tmeat you gave my mot~-~-~w,~a~ra, b? ~taF~g wkh ~t ~tR he~ fa~ co~ come Mme. T~nk you fo~ smy~g, with T~?, K~e, and m? h~ad Bt~n, ~tfl we ~ere able to get t~gs ~det control. A s~l t~ ~6~ to John fo~ ~g ~ck to the shop to ch~ on Tony. He took the t~e to k~ h~ ka~ w~t ~s ~p~g ~h the rest of t~ fa~y, he needM that ~eassman~ that ~ ~othe~ and ~tet were ~me ~th thek mot~r~ ~t~ta s~id ~ reinsured tl~ k~d~ss t~t Ma~k had sho~ t~hec, ·bug with thc mher offmers~. I whh k on no uae that they ~d We to go t~ough the loss of ~ family merest, ~t the way these officers hen~M themsel~s.dm~g o~ t~e of need went ~yond ih~ duty. I co~ t~ ~ gemi~m~ a m~on t~s but it st~ wo~ not ~ enough. My fa~y is lucky to bye ~t s~h Frae peo~e~s yo~sel~s. ... we are blessed to have wonderful friends like vou. Tha~k you For your. · prayers, time, and warm thoughts. They were very much appreciatqd. ~r ~our kindness... [or ~/]o xo. aro... mecln ~o us. Fy! Date : To : From : Sebastian Police Department 1201 Mare St~ee~ ~-~5~ Fax ~-~ 1~ ~fl ~d~d~o~ Novomber 15, 2003 Donla Hovasse, Sergeant Joseph Byers, O~cer Eric Wheeler,. Officer James A. Davis, Chief of Police Ret' : Professional Conduct Recooonitlon On November 7~, 2003 you ..ms~. nded to a fight in progress at the ~ld Bar on Indian River Drive. Your actions at th~s incident generated comments from the public on your professionalism and ability to turn a potential riot into a very calm situation. It is only rare occasions that citizens take the time to compliment police officers for doing a ~Professional job." For this reason, I know that your actions must have been ou~L~nding to generate multiple calls. Please accept this memo as a thank you for your outstanding service and your contribution to our professional reputation with the community, Waste Management Inc. PO Box 1356 Vero Beach, FL 32960 Gentlemen: Thank you for your prompt attention to my complaint to the damage done to my container by your handler. When I went om to my garage, to my surprise, I found a new container to replace the damaged one. Again tb~nks. Your truly, 730 Rolling Hill Drive Sebastian, F132958 City of Sebastian 1125 Main street Sebastian, FL 32958 ATT: City Manager HOME OF PELICAN ISLAND MEMORANDUM TO: TERRENCE MOORE, CITY MANAGER SHAI FRANCIS, FINANCE DIRECTO~;//~ ~ FROM: SALLY MAIO, CMC - CiTY CLERK ~ ' SUBJECT: BARBARA BROOKE, MIS ASSISTANT DATE: 2/17/2004 CC: MAYOR BARNES AND CITY COUNCIL, HUMAN RESOURCES ON BEHALF OF THE STAFF OF THE CITY CLERKS OFFICE, I WISH TO OFFER OUR SINCERE APPRECIATION FOR THE PROFESSIONALISM AND COURTESY EXTENDED TO US BY BARBARA BROOKE, MIS ASSISTANT, DURING LAST WEEK'S PERSONNEL TRANSITION. DURING THE TRANSITION AND THE LONG HOURS SHE WORKED, MS. BROOKE NEVER LOST HER COOL AND RESPONDED TO OUR CONCERNS ALMOST IMMEDIATELY. THOUGH HAVING NO ACTUAL CONTACT WITH LASERFICHE IMAGING SOFTWARE DURING THE ENTIRE TIME WE HAVE BEEN USING IT, MS. BROOKE WAS ABLE TO RESTORE OUR ACCESS TO THE SOFTWARE BY WEEK'S END AND FOR THIS WE ARE TRULY GRATEFUL. SAM