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HomeMy WebLinkAbout06092004 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 9, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF'THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will addms~ 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 LED BY MAYOR MCCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS) Items not on the w~tten agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 04.015 A. Certificate of Appreciation to Robert Manuel for Code Enforcement Board Service 04.110 B. Presentation by County Administrator Joe Baird - Water Utility Rate Equalization Charge 04.131 1-10 11-24 25-36 04. i49 3~ ITEMS NOT COMPLETED AT THE JUNE 2. 2004 SPECIAL MEETING WHICH WERE CARRIED OVER FROM THE MAY 26t 2004 REGULAR MEETING Request from Vice-Mayor Barczyk to Reconsider Ordinance No. 0-04-09 Spencer Annexation and Take Ordinance No, O-04-10 Spencer Rezonin~l from the Table and Conduct First Readin~ls on both Ordinances at This Time Move to Take First Readin,q of Ordinance No. 0-04-09 Soencer Annexation fr{)m the Table. Conduct 1~ Readina and Set Public Hearina for June 23r~. 2004(tabled at the 6/2/04, Special Meeting) (GMD Transmittal 5/4/04, 0-04-09, Letter, Map, F$171.044) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Move t0 Take First Readine of Ordinance No. O-04-10 Spencer Rezonine from the Table, Conduct 1~t Readinf:l and Set Public Hearin,q for June 23"~, 2004 (tabled at 5/26/04 Regular Meeting)(GMD Transmittal 514104, 0-04- 10, Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RSIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. CONSENT AGENDA All items on the consent ager~a am considered murine and will be enacted by one motion. There will be no separate discussion of consent age~da items unless a member of Clly Council sc requests,* in whkth event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 5~26/04 Resolution No. R-04-23, Vacation of Easement, Major, Lots 4 & 5, Block 178, Sebastian Highlands Unit 8 (GMD Transmittal 6/2/04, R-04-23, Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 4 AND 5, BLOCK 178, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 2 04.150 51-54 04.086 55-56 04.152 57-66 04.153 69-70 04.154 71~2 04.150 9~I06 04.155 10~108 04.156 109-112 04.101 11~114 10. t1.. 12. Resolution No. R-04-24 Fee Increase for Driveway Permit Application Engineering Transmittal 6/2/04, R-04-24, Summary ) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INCREASING THE DRIVEWAY PERMIT APPLICATION FEE TO $100.00; PROVIDING FOR AN EFFECTIVE DATE. Authorize the Acceptance of Easement Dedication from Louise Coleman and Herbert Ashbumer for Louisiana Avenue Neighborhood Revitalization Program (City Manager Transmittal 5/19104) Approve Contract Award to Ninety Five South Inc. with Throe Year Term and Two Optional One Year Extensions for Janitorial Services for Municipal Complex (Public Works Transmittal 6/2/04, Bid Tab) Authorize the Purchase of Chevrolet Trail Blazer 4x2 from Alan Jay Automotive Network at a Total Cost of $25,390.00 in Accordance with Flodda Sheriffs Association Bid Award For Police Department K-9 Unit (PD Transmittal 5/24/04, Bid Doc) Authorize the National Pollutant Discharge Elimination System (NPDES) Permit Application and Appropriate Funds in the Amount o[ $5,325 for the Five Year Phase II Permit (Engineering Transmittal 6/2/04, Schedule, Application) Authorize the Execution of Work Authorization No. 4 under CDM, Inc. Stormwater Engineering Contract For Middle Stonecrop Stormwater Retrofit Project and Appropriate Funds not to Exceed $194,779 from Stormwater Utility Revenue Bonds, Sedes 2003 (Engineering Transmittal 611104, Work Authorization No. 4 and Exhibit) Authorize Change Order No. I for the Extension of Contract with Applied Aquatics and the City of Sebastian until September 30, 2004 for Weed Control Spraying Subject to Terms of Original Contract (Engineering Transmittal 6/1/04, Change Order) Authorize the Purchase of Sole Source Radio Equipment for the Police Department from Communications International, Inc. for a Total Amount of $9,972.00 (PD Transmittal 5/29/04, Quote) COMMITTEE REPORTS/RECOMMENDATIONS PUBLIC HEARING - None INTRODUCTION OF NEVi/BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othem/ise on the agenda - sign-up required - limit of ten minu~s for each s~eaker OLD BUSINESS Direction Regarding Request from Keep Indian River Beautiful for Satellite Building (Letter) 3 13. NEW BUSINESS 04.151 115-176 Authorize City Manager to Execute Piggyback Agreements with DRC, Inc. Subject to Terms and Conditions of Martin County Contract RFP138-01 and Crower- Gulf, Ashbritt, Inc., Grubbs Emergency Services and Asplundh Environmental Services Subject to Terms and Conditions of Charlotte County Contract 2003000207 for Emergency Services on As-Needed Basis (GSA Transmittal 6/2/04, Contract) '14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 04.148 Feasibility of Acquisition of Former Beall's Property on U.S. Highway 1 and Unincorporated Enclave Property 04.115 B. Contractor Selection Process for Old Schoolhouse/City Hall Building 'i6. CITY CLERK MATTERS 04.037 177-178 Reminder of Community Redevelopment Advisory Committee Appointments (Press Release) 17. CITY COUNCIL MATTERS A. Mayor McCollum B. Mr. Heptinstall C. Mr. Coniglio D. Ms. Monier E. Mr. Barczyk 18. ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verba#m record of all proceedings including the tes§mony and evidence, which is not provided by b~ Ci~. (F.S. 256.0105) In compliance with b~ Americans with Disab#ities Act (ADA), anyone who needs special acco~aUon for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeUng. Hearing Assistance Headphones are Available in the Council Chambers for all Government Mee~fngs. Upcoming Meetings: · Regular Cify Council Mee§ng - June 23, 2004 - 7:00 pm · Regular City Council Meeting - July 14, 2004 - 7:00 pm · Regular City Council Mee#ng - July 28, 2004- 7:00 pm · Regular City Council Meeting- August 11, 2004- 7:00 pm · City Council Workshop - August 18, 2004 - 6:00 p.m. (Budget) · Regular City Council Meeting- August 25, 2004 - 7:00 pm · Regular City Council Meeting- September $, 2004 - 7:00 pm · Regular City Council Meeting- September 22, 2004 - 7:00 pm · Regular City Council Meeting- October 13, 2004 - 7:00 pm · Regular City Council Mee§ng- October 20, 2004 - 7:00 pm 4 HO~E OF PF.,LICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: First reading of Ordinance O-04- 09; petition for Voluntary Annexation by Daniel L. Spencer for a 38.27-acre parcel of land immediately south of Sebastian River Landing Phase II along CR 510 - east of Sebastian River High School. ~a-r'~nc~oore AgenclaNo. 0c4 . t3 i Department Origin: Growth Mana~ent Purchasing/Contracting: Finance Director: City Attorney: City Clerk: · x,/_,~_/~ Date Submitted: May 4, 2004 'Ftf Agenda of.' May 12, 2004 Exhibits: 0-04-09, letter of request, location map,-~ma,~ Chapter 171.044 F.S. EXPENDITURE REQLrIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase II, winch is located at the intersection &county roads 510 & 512. Phase TI will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with a R (Residential, 1 unit per acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). The proposed subdivision outlines a total of 99 single- family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acm, whereas the low- density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, Attached within the accompanying Ordinance is a restrictive covenant limiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECOMMENDED ACTION "Move to pass Ordinance No. 0-04-09 on first reading and schedule a second reading and public hearing for June 02~ 2004." ORDINANCE NO. 0-04-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel Spencer, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of tiffs action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated temtory of the City', end WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; as shown in the map attached as Exhibit "A", containing 38.27 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of indian River County, Florida, and w~th the Flor/da Department of State within seven days of adoption. Section 4_. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section _5. SEVERABILITY. tn the event a court of competent jur/ad/ction shall hold or determine that any part of this Ordinance is invalid, unenfomeable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ONLAiVD contained in Exhibit "B", the remainder of the O~dinance shall 'be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Sec'lion 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATION' OF COVEN.4NTAND RESTRICTION OAr LAND attached hereto as Exhibit "El", this Ordinance shal/become effective concurrent with the effective date of Ordinance 0-03-I8. The foregoing ord/nance was moved for adoption by Councilmember The motion was seconded by Counciknember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this of June, 2004. Ordinance duly passed and adopted this day ATTEST: CITY OF SEBASTIAN, FLORDA Sally A. Maio, CMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legaJity for re//ance by the City of Sebastian: ~%° .Section 26 31s-38e EXHIBIT "A" DECLARATION OF COVENANT AND RESTRICTION ON LAND Exhibit "B" Page 1 of 2 THIS DECLARATION, made as of the date set forth below by Daniel Spencer, hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; Containing 38.27 acres more or less, hereinafter called the "Land", and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall run with said land and be binding upon all parties having any right, title or interest in the Land or any part thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period of ten years from the date of annexation of the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or proposal submitted in violation of these Declarations without recourse by Declarant. Exhibit "B" Page 2 of 2 IN WITNESS WlilEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ., 2004. Signed, sealed & delivered In the presence of: Daniel Spencer, Declarant Printed name: Wimess Printed Name: Printed Name: Wimess STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Dan/el Spencer, Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expffes: MOSBY AND ASSOCIATES' INC 2455 141h Avenue Post Office ~ox 6368 Veto Beach, Flodda 32961~6368 Telephone: 772-569-0035 · Facsimile: 7"72-77S-3617 July 31, 2003 Mr. Tracy Hass City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject.- Spencer Development [nd/an River County, Florida Eng[neer's Project Number: 03-390 Dear Mr. Hass: On behalf of the subject property owner's, we are requesting that the subject property be annexed wSthin the corporate limits of the CiD' of Sebastian. The property consists of 38.27 ac. and is located on the south side of CR510, south of the intersection of CR510 and CR512. Attached is a copy of the survey with legal description of the property. Our client for this project wants to proceed as soon as possible on this project. BAM/jeb e any questions regarding the above subject, please call. Section 26 31s-38e 171.044 Voluntary annexatJon~ (1) The owner or owners of real properw in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may pet~en the §oveming boO)' of said municipality that said property be annexed to the municipalAy. (2) Upon deter'{T~ination by [he governing body'of the municioaiity thatthe petition bears the signatures of ali owners of property in the area proposed tO be annexed, the governing body may, at any regular meeting, adopt A nonemergenc¥ ordinance to annex said property and redefine the boundary lines of'the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same count; and if no newspaper is published in said county, then au least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place irt saic[ dry or town. The notice shall give the ordinance number and a brief, generaJ description ofithe area proposed to be annexed: The descdbdon shall include a map ctearly snowing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the cay clerk. (3) An ordinance adopted under this so.ion shall he filed with the clerk of the circuit and the chief administrative officer of the county in which the municipality is located and with the Depar~'nent of State within 7 day~ after the adoption of such ordinance. The ordinance must include a map which ciearh/shows the annexed area and a complete legal description of that area oy metes and bounds. (zL) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shail not apply to municipalities in counties with charters which provide for an exclusive method of municipaJ (5} Land shall not be annexed through voluntary annexation when suc~ annexation results in (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of [he municipality must provide a copy of the notice, via codified mail, to the board of the county commissioners of the county wherein' [he municipality is located. The notice provision provided in this subsection shall not be the basis of any Cause of action challenging the City of Sebastian, Florida Subject: First reading of Ordinance O-04-10; rezoning request from Agricultural (A-l) to RS- 10 for a proposed 38+/- acre tract of land situated immediately south of Sebastian River Landings Phase II along CR 510 - east of Sebastian River High School. ~ppr e /$ tal by: Extfibitg-13-~0~4-10, Subdivision Plan, Staff Report, P&Z recommendation, Application. EXPENDITURE AMOUNT BUDGETED: REQUIRED:None None AgendaNo. 0~'. i3 i Department Origin: Growth Management.,,~. Tracy E. Hass Date Submitted: May 4, 2004 For Agenda of: May 12, 2004 rAPPROPRIATION REQUIRF. D: None SUMMARY Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase 13[, which is located at the intersection of county roads 510 & 512. Phase H will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is ctm-ently zoned A-1 (Agricultural) with a R (Residential, 1 unit per acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). The proposed subdivision plan outlines a total of 99 single- family lots on 38.27 acres, for a proposed density of approximately 2.59 mB/acre, whereas the low- density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public heating held on September 18, 2003. RECOMMENDED ACTION Conduct first reading for Ordinance No. 0-04-10. Staff recommends the City Council pass this ordinance on first reading. "Move to pass Ordinance No. 0-04-10 on first reading and schedule a second reading and public hearing for June 02, 2004." ORDINANCE NO. 0-04-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMII,Y (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION cAS AGRICULT~, 1 UNIT PER 5 ACRES (A-l)~ L~ LA~ ONSISTING OF 38.27 ACRES, MORE OR LESS, WEST~STL~ER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSI-IIP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WlIEREAS, Daniel Spenser has filed a petition for ~amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staffand Planning and Zoning Commission; and WI-IE~REAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the city of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; Containing 38.27 acres more or less. Section 2. REZONING. The real property described above is hereby given an initial City zoning designation of Residential Single-Family (RS-10). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. CONFLICT. All ordinances or parts of ordinances in conflict herewith are Section 4. hereby repealed. Section 5. SEVERABILiTY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. effectiveness of Ordinance O-03-18. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Kay Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall This Ordinance shall take effect upon the by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Growth Management Department 'Rezoning Application - Staff Report Project Name: Spencer Development Requested Action: Rezoning from R-1 (County) to RS-10 Project Location a. AddreSs: East of CR 510, south and adjacent to Sebastian River Landings. b, Legal: See survey c. Indian River County Parcel Number: 31-38-26-00000-3000-00007,0 Project Owner: Daniel N. Spencer P.O. Box 1049 Wabasso, Florida 32970-1049 (772) 589-5607 fax: (772) 589-8800 Project Agent: Bruce Moia, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772) 778-3617 Project Engineer: Same as above Project Surveyor: James Fowler Fowler Land Surveying 835 13~ Lane Veto Beach, Florida 32960 (772) 562-4744 fax: (772) 562-0963 Project Description Narrative of proposed action: Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase I1, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spenceds property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and he desires to North: East: South: West: zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acm, whereas the iow-density residential land use category permits a maximum of 5 units per acre. The pdmary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, with an additional access to future development for phase III of Sebastian River Landings to the east of the subject site. Current Zoning: A-1 (County - Agriculture) ~Hrranf ! ~nd URa Adjacent Properties PUD-R Single FamilyNacant LDR A-1 Vacant L-1 A-1 Vacant L-1 (County) A-1 Vacant L-1 (County) Site Characteristics (1) Total Acreage: 38.27 acres (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Undeveloped Etectra, Riviera, Wabasso Various Vegetation Zone X Indian River County Utilities Indian River County Utilities North County Park - t/~ mile Sebastian Police 4 miles County Fire - 2 miles Comprehensive Plan Consistency a. Future Land Use: L-1 (County - 3 units/acm) b. Level of Service (1) Traffic: The proposed will create an ADT of 1000 Trips (99 units x 10.1 2 11. 12. 13. 14, 15, 16. trips/day). Therefore, there will be an increased demand on the existing roadway network. However, CR's 510 & CR 512 are oper~iting below capacity, with both roadways programmed for future 4-1aning. (2) Potable Water: The proposed subdivision will be connecting to indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: The proposed subdivision will be connecting to indian River County Utilities sewer forcemain, therefore eliminating burdensome septic systems within the developed area. (4) Stormwater: Project includes a privately operated and maintained stormwater system, which by design will improve water filtration prior to intrusion into the groundwater system, while also reducing maintenance obligations for the City. (5) Recreation: Property owners within the proposed subdivision will be subjected to the citywide recreation impact fee program,-therefore supplementing and enhancing the development of future parks and recreational facilities within the community ..... (6) Solid Waste: There will be an increased demand on solid waste with the addition of 99 residential units. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is undeveloped agricultural land, with proposed change to single-family residential. Land Use Compatibility: Property to the north is under review for annexation into the city for the development of a single family neighborhood, while the adjoining properties to the east and south are currently zoned for agricultural use with a land use designation of L-l, or 3 units/acre. Adequate Public Facilities: Provided - public utilities (water, wastewater will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will contain the requisite open space as required by land development regulations. Economic Effect: The property is not within the corporate limits of the City of Sebastian. Annexation will provide an additional 38.27 +/- acres of land area with a maximum of 99 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. 17, Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of proper[les lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Mr. Daniel Spencer recently filed an application for annexation of a 38.27- acre parcel of land immediately south of Sebastian River Landing phase 11, which is located at the intersection of county roads 510 & 5'~2. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, with an additional access to future development for phase II of Sebastian River Landings to the west of the subject site. 20. Conclusion: The requested rezoning from A-1 (County) to RS-10 is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested rezonmg subject to the following: 1. ' The rez~oning shall be conditioned upon receipt of annexation approval by the City D.~,~E 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 PUBLIC HEARING- RECOMMENDATION TO CITY COUNCIL - LAND USE MAP AMENDMENT/R.ET..ONING - SPENCER DEVELOPMENT - CR510 Bruce Moia, Mosby & Associates, Vero Beach, Flodda was present for the applicant: He presented the request for an LDR [and use and RS-10 zone designation. The proposed de~/elopment will have a minimum lot size of 80' X 100', 2.6 units per acre~ curb and gut[er with sidewalks. Mr. Hass had nothing more to add except staff recommends approval for both the land use change and rezone. Mr. Mahoney inquired about the proposed access through Phase Ill of Sebastian River Landings. Mr. Hass said that is speculative at this point if it occurs but there will be a connection to 510 as their main point of ingress and egress. The following people spoke: Richard Scurlock, 1190 Barber Street. Sebastian, Florida opposed to the plan because the land is currently zoned for one unit per acre and doesn't want the zoning increased. MOTION by Monier/Seeley "1 make a motion that we approve [recommendation to city. council] the land use change from R County to LDR and I a!so make a motion to [recommend to city council] to rezone from R-! County to RS-10." Roll Caih Mr. Faille yes Mr. Allocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seetey (a) yes Ms. Monier yes Mr. Blessing yes 'The vote was %0. Both motions carried. CHAIRMAN MATTERS: . NONE MEMBER MA'FI'ERS: DIRECTOR MATTERS: NONE Mr. Hass said there are four other projects similar to what was presented this evening. Ms. Monier asked where is the commercial to support all these homes. Mr. Stringer said the Iong~term plan is to have the dven'ront district support a commercial area. Mr. Hass added that Sebastian River Landings Phase I came in at 3.4 units per acre and under the county's guidelines they were at 3 units per acre so it was an increase in density. That's when the negotiations started to bdng it down to 3 units per acre and it got carried over into subsequent phasing of Sebastian River Landings and then all of a sudden the whole idea was, the whole city, every annexation should be limited to 3 units per acre. The direction was if they have 3 units per acre lets keep them at 3 if they have 6 units per acre they obviously will have to reduce it down to five because we don't have a 6 and then let's further negotiate it down within the 5 to bdng it down to something in that 3 to 3.5 range. Mr. Stringe~ added that the Highlands aren't even 3 per acre they are 3.3. Mr. Blessing and Ms. Monier asked if a new land use category could be developed. Mr. Hass said this has been discussed with the consultants about gding ahead and doing 7 City of Sebastian Development Order Application Permit Al:~lication No. Applicant (if not owner, written authorization (notarized) from owner is required) Name: DANIEL N. SPENCER Address: P.O. BOX 1049 WABASSO, FL 32970-1049 Phone Number: ( 772 ) 589-5607 IFax Number: ( 772 ) 589-8800 E-Mail: Owner (if different from applicant) Name: Address: Phone Number: ( ) t Fa.'< Number: ( ) E-Mail: Type of permit or action requested: ANNEXATION,REZONiNG _..COMPREHENSIVE LAND USE & 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 A'C~'ACHED AND 8 1~" x 11" COPIES OF ANY A'f-CACHMENTS SHALL BE INCLUDED. A'CTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): SPENCER DEVELOPMENT j A~___S it e Information 8905 90TH AVENUE ILot: Block: Unit: Subdivision: Indian River County Parcel #: 31-38-26~00000-3000.-00007.0 Zoning Classification: Future Land Use: REQUESTING RS-10 RESIDENTIAL Existin§ Use: Proposed Use: VACANT RESIDENTIAL C. Description of proposed activity and purpose of the requested permit or action {attach extra sheets if necessary): SINGLE FAMILY RESIDENTIAL SUBDIVISION (} ', FEE PAID: $~ BY: ,~AForm CD-2001 Page 1 of 3 Development Application proved! 08-27-97 Revision: F e Name: DOA D. Project Personneh Agent: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 7'72 ) 569-0035 tFax Numper: 772 ) 778-3617 E-Mail: ~ iAt¢omey: IName: Address: Phone Number: ( ) tFax Number: ) E-Maih Enc~ineer: BRUCE MOtA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 lFax Number: ( 772 ) 778-3617 E-Maih mosby00tCvahoo.com Surveyor: JAMES FOWLER Name: FOWLER LAND SURVEYING Address.: 835 13TH LANE VERO BEACH, FL 32960 Phone Number~ ( 772 ) 562--4744 tFax Number: ( 772 ) 562-0963 LE-Ma: I, DANIEL SPENCER. BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER i AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'FTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, BATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION CURATE AND T.T.T.T.T.T.T.T.T.T~ E TO THE BEST OF MY KNOWLEDGE AND BELJE~'. Signature .~' Date,/ / Sworn to and subscribed before me by ,~-~--~¥'~¢¢1 k_~,¢' Who is personally kn0,wn to me or produced as identi~cation, this ~(D~VL. day of ~ ~, ~ L.~. ,200~ PRINTED NAME OF NOTARY ~(~%%~ ~'~? ?~ COMMISSION NO./EXPIRATION '~ ~O~' ~.~C~ S~L: Form CD-2001 I Page 2 of 3 IApproved: 08-2%97 t Revision: ! Development Apl~lication tFile Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, X_ , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE 'SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE F_ACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN Ci'HE 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 I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSiON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. D~te / Sworn to and subscribed before me by Who is 0ersonall¥ known to m~or produced as identification, ~his ~ day of PRINTED NAME OF NOTARY COMMISSION NO./~PI~TiON S~L: IForm CD-2001 A~.p.~ved: 08-27-97 Revision: Page 3 of 3 Deve opment Apolication Fi e Name: DoA ,,i .Permit Application No. Supplemental information Comprehensive Plan Amendment (Ica~::l:t;t~ ATTACH ADDITIONAL PAGES, IF NECESSARY. I X 1. Proposed Zoning: RS-t0 X __2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. CONSISTENT WITH LOW DENSITY RESIDENTIAL IN AREA. X __3. Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiai~ces. LOT SIZE AND DENSITY IS CONSISTENT. X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE. X __5. Explain how the proposed rezoning is compatible with the existing or future tand uses of the City. LOT SIZE AND DENSITY IS COMPATIBLE WITH EXISTING AND FUTURE USES. X 6. Are there adequate public facilities to serve the proposed rand use? YES. Form CD-2017 Revision: Page 1 of 2 Approved: 08-27-97 Rezoning F e Name: SIREZONE X 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. NO NATURALLY SIGNIFICANT FEATURES EXIST ON THE SITE, X 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the City. THE PROPOSED DEVELOPMENT IS CONSISTENT AND COMPATIBLE WITH THE SURROUNDING PROPERTIES. HEALTH, SAFETY AND WELFARE WILL NOT BE COMPROMISED, X 9. Does the proposed rezoning will result in an orderly development pattern. THE DEVELOPMENT WILL CONSIST OF PAVED STREETS AND UNDERGROUND PUBLIC UTILITIES. X 10. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the property upon which the application for rezoning is sought except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. X b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A sun/ey and legal description of the property to be rezoned. Form C d-:200;_~ 7.97 Revision: Page 2 of 2 Rezonin9 File Name: SIREZONE HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL. MINUTES REGULAR MEETING WEDNESDAY, MAY 26, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Regular Meeting to order at 7:00 p.m. 2. The Pledge Of Allegiance was led by Councilmember Monier. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councitmember Mike Heptinstsil Councilmember Lisanne Monier 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 Stormwater Engineer, Ken Jones Deputy Chief, Dave Puscher Regular City Council Meeting May 26, 2004 Page Two DRAFT AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wr~ten agenda may be added only upon a unanimous vote of City Council members (R- o3-14~ Mr. Barczyk requested that Old Business item A be moved up on the agenda to just prior to Public Hearings. It was the consensus of Council to move the item as requested. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.135 A. Public Works Appreciation Week Proclamation, May 16-22, 2004 Mayor McCollum read and presented the proclamation to the City Engineer for Public Works. 04.136 B. .National Safe Boatinq Week Proclamation, May 22-28, 2004 Mayor McCollum read and presented the proclamation to Nigel Hargreaves and Commander Gloria Schulke, Power Squadron, who announced the 'Picnic with a Flare" sponsored by the squadron at Riverview Park on May 29, 2004. 04.137 C. World War II Veterans Recognition Day May' 29th, 2004 Proclamation Mayor McCollum read and presented the proclamation to veterans of World War II and Korea, who announced the World War Memodal celebration in Washington and local veterans services. 04.138 D. Code Enforcement Officers Appreciation Week Proclamation, June 7-11, 2004 04.139 Mayor McCollum read and presented the proclamation to Code Enforcement Officers Warren Lindquist and Antoine Van Melt. E. Proclamation Honorinq Bonnie Swanson Mayor McCollum read and presented the proclamation to Pelican Island Elementary School Principal Bonnie Swanson. Ms. Swanson introduced Eco Troop students Andrew Berg, Nicole Goodman, Adam Davis, and Alex DeGiacomo, who addressed Council on the habitat and requested help to purchase four kiosks and six benches. They reported that former Mayor Martha Wininger's husband Fred has donated $25,000 in her name. The City Manager requested consensus to include funding in the 2004/2005 budget. City Council concurred. 2 DRAFT Regular City Council Meeting May 26, 2004 Page Three 04.140 F. Presentation by Department of En,qineedn.q - Water Table Level Readin,qs in Sebastian The City Engineer gave a brief update to City Council on current water levels and water restrictions currently in place (see report attached). He said current information does not indicate an emergency at this time. Mr. Barczyk noted that local water vendors are receiving problem water pump calls. CONSENT AGENDA All items on the consent agenda are considered rouline and will be enacted by one motion. Theme will be no separate di~cussionof consent agenda ii~rns unles~ a member of CiJy CouncJd so requests; in which event, the item will be memoved and acted upon separate/y, 1-14 04.127 15-16 Approval of Regular Meeting Minutes - 5/12/04 Approve Revised Fiscal Year 2004-2005 Budget Calendar (Finance Transmittal 5119/04, Calendar) 04.141 17-20 Approve City Manager Travel to Florida City and County Management Association Meetings in 2004/2005 Program Year (City Manager Transmittal 5/14/04, Schedule) 04.142 2~-26 Resolution No. R-04-22 Final Plat Fischer Lake Island Phase 6 (GMD Transmittal 5118/04, R-04-22, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE VI; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 04.047 27-66 Authorize One-Year Agreement Renewal to Existing LPA Group, Inc. Contract and the City of Sebastian (GSA Transmittal 5/1 1/04, Contract) 04.073 67-126 Authorize Three Year Contracts with Two Optional One-Year Extensions Between the City of Sebastian and Donadio & Associates, PA/John H. Dean & Associates, P.A. for Professional Architectural Services; WCG/NeeI-Schaffer, Inc. for Professional Civil Engineering, Planning, Ecological, Architectural, Surveying Services; LPA Group, Inc, for Professional Civil, Structural, Stormwater, Transportational Services; Schulke, Bittle & Stoddard, LLC for Professional Engineering, Civil, Structural Services; Masteller, Moler & Reed, LLC for Professional Surveying, Mapping Services at Fair and Reasonable Rates for As Needed Assignments (GSA Transmittal 5/18, 2004, Individual Agreements) 04.143 127.130 Approve Alcoholic Beverages for Rodriguez Wedding Reception at Community Center on June 12, 2004 from 2:00 p.m. to 8:00 p.m. (Public Works Transmittal 5/18/04, Application) 3 DRAFT Regular Cibj Council Meeting May 26, 2004. Page Four 04.144 H. 131-134 Approve Alcoholic Beverages for Harber 50= Wedding Anniversary at Community Center on June 19, 2004 from 5:00 p.m. to 9:00 p.m. (Public Works Transmittal 5/18/04, Application) 04.145 I. 135-138 Approve ,Ncoholic Beverages for Bauer Birthday Party at Community Center on June 26, 2004 from 4:00 p.m. to 10:00 p.m. (Public Works Transmittal 5/18/04, Application) 04.146 J. 139-142 Approve Alcoholic Beverages for Barnes Christening at Yacht Club on July 10, 2004 from 1:00 p.m. to 5:00 p.m. (Public Works Transmittal 5/18/04, Application) Mayor McCollum removed item F. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, consent agenda items A-E and G-J were approved unanimously. Item F Mayor McCollum discussed the alleged pending lawsuit from the Treasure Coast Builders' Association and pointed out that some of these contractors were members of the association. He requested that there be appropriate language to prohibit these contractom from doing business with the City if they are invoNed with this suit. The City Attorney and City Manager said contracts could be executed after incorporating a conflict of interest clause. 04.015 On MOTION by Mayor McCollum, SECOND by Mr. Barczyk, item F with the inclusion of that clause in the contracts wes approved unanimously. Code Enforcement Board COMMITTEE REPORTS/RECOMMENDATIONS A. Interview, Unless Waived and Select Alternate Member Whose Position Will Expire 6/1/2007 (City Clerk Transmittal 5/17/04, Code, Application, Ad, List) City Council interviewed applicant Howard Brauer. Mr. Barczyk nominated Howard Brauer; and Mr. Coniglio nominated Chades Dodd 4 Regular City Council Meeting May 26, 2004 Page Five Mr. Coniglio - Dodd Mr. Heptinstall - Dodd Ms. Monier - Dodd Mayor McCollum - Dodd Mr. Barczyk - Brauer DRAFT Mr. Dodd was appointed to the altemate member position to expire 6/1/2007. 04.147 157-164 Construction Board Interview, Unless Waived and Select Concemed Citizen Member Whose Position Will Expire 9/30/2005 (City Clerk Transmittal 5/17/04, Code, Application, Ad, List) 04.034 165-194 City Council appointed Jean Carbano, the only applicant for the position, to the Concerned Citizen position to expire 9~30~2005. ~ ~ Ptannin. and Zon n.q Commission ~? ~ AFT Interview, Unless Waived and Select Regular Member Whose Position Will Expire 8/1/2007 (City Clerk Transmittal 5/17/04, Code, Application, Ad List) Mr. Barczyk nominated Harold Faille who is the incumbent member. It was the consensus of Council to waive interviews and reappoint Mr. Faille to the Regular member position to expire 6/1/2007 by virtue of no other nominations. The following item was moved from Old Business during Agenda Modifications: 04.108 285-288 Direction Ref:lardin,q Relocation of Geor.qe Cain (Snowshoe) House (Letter, List) Mayor McCollum suggested, to give clear direction in the minutes, that Council make a motion to approve the actual relocation of the house somewhere, and a second motion as to where its going to go, because Council has to authorize funding for this. The City Manager recommended making a motion to accept the gesture by David Brown. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, City Council accepted the gift from David Brown of the Cain house to the City of Sebastian, by unanimous vote. Bill Ingui, Parks and Recreation Chairman, representing the committee, recommer~ded the site just west of Indian River Ddve in the southern section of Riven~iew Park. He distributed photos of both proposed locations and described reasons for recommending the Riverview location. DRAFT Regular City Council Meeting May 26, 2004 Page Six The City Clerk noted the list provided to Council in their packets, which reflects 39 Sebastian River Middle School students in favor of Jordan Park, should actually reflect three of the 39 are opposed. Ms. Monier discussed the approved historic district, which encompasses the Jordan Park site; the availability ef grant money for the district; described a good location in Jordan Park which will protect trees and leave the house in the historic district; and highlighted letters from the eighth grade class. ~..~ .~ TAPE I - SIDE II (8:02 p.m.) ~ J ~ Mayor McCollum said the gravel area cited was parking for the former police and fire station, and the park is a historical park. He expressed concern for protection of the trees in Jordan Park. Mr. Barczyk asked if there was funding now to relocating the house, and the City Manager said the City would have to pay for it, and if it stayed in the district there would be funds available for renovation. Mr. Coniglio urged keeping the house in the historical district in Jordan Park back from US 1 away from the gravel area, and cited funds that would be available to maintain the house. Louise Kautenberg, on behalf of the Sebastian River Area Historical Society, stated her group recommends moving the house to the historic district so grant funds can be obtained to maintain it. Sal Neglia, President Sebastian Property Owners Association, stated he did not want to see the house relocated to Jordan Park. Baxter Coston, Sebastian, asked about the location where the train station is going. The City Manager said this is not the City's property. Andrea Coy, Sebastian, said the Property Owners Association voted not to put the house in Jordan Park. Jayne Barczyk, Parks and Recreation Committee, said on July 22, 2002 Parks and Recreation had a workshop on all parks and what people wanted in neighborhood parks and they were told that people wanted Jordan Park (also known as Candy Cane) to remain passive with benches and maybe some playground equipment. Oscar DelRio, Sebastian, said the area in Riverview Park being considered is used for parking during events. Walter Barnes, Sebastian, said a historic building belongs in an histodc district. 6 Regular City Council Meeting May 26, 2004 Page Seven Mickey Groeppler, agreed with keeping Jordan Park passive. Mr. lngui said he hoped the environment would not be put second to history, and that children's activities are centered in Riverview Park. Ms. Monier agreed that Jordan Park is a neighborhood park and that those parks cover a ~ mile area, and that this house would be a viable use in Jordan Park neighborhood Park, where people can learn about history and would be an enhancement. On MOTION by Mr. Coniglio, and SECOND by Mr. Monier, to direct City to investigate and if possible move the Cain house to the area behind where the Chamber and Historical Society are now, not on Jordan Park proper, on US 1, motion failed 2-3 (Barczyk, McCollum and Heptinstall - nay). On MOTION by Mr. Barczyk, and SECOND by Mr. Heptinstall, to move it to Riverview Park passed 3-2 (Coniglio, Monier - nay) 04.088 19 5-2,~i Mayor McCotlum called recess at 8:35 p.m. and reconvened the meeting at 8:43 p.m. All members were present. PUBLIC HEARING ~ A. Proposed ~Ashbury' Enclave (City Clerk Memo dated 5/17/04 with Attached Minutes Pages) The City Attomey advised that peOple stick to the subject of each hearing since each has different standards of review. Ordinance No. 0-04-03 - Annexation - Second Reading, Public Headng and Adoption (GMD Transmittal 5118104, 0-04-03, Letter, Map, Survey, FS t71.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 56 ACRES, MORE OR LESS, BEING A PART OF SECTION 6. TOWNSHIP 31 SOUTH. RANGE 39 EAST LOCATED SLIGHTLY NORTH OF SEBASTIAN ELEMENTARY SCHOOL; PROVIDING FOR INTERIM I.,AND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the public headng, the City Attorney read Ordinance No. 0-04-03 by title, and the City Clerk swore in all who intended to offer factual testimony on this and the next two ordinances. Baxter Coston asked how the item can be annexed if it is not known what will be done on the property and the Mayor explained the adoption process to him. 7 Regular City Councit Meeting May 26, 2004 Page Eight Louise Kautenberg, Sebastian, supported the annexation. DRAFT Grace Faille, Sebastian, supported the annexation. Bob McGowen, Indian River County, member of indian River Neighborhood Association, opposed the annexation. Gloda Schulke, supported the annexation. Mary Ann Krueger, 121 Miller Ddve, Sebastian, opposed the annexation. Walter Barnes, Sebastian, supported the annexation. Jason Saunder, 250 Delaware Avenue, Sebastian, supported the annexation. Andrea Coy, 333 Pineapple Avenue, Sebastian, gave a power point presentation opposing the annexation, cited a 500 signature petition opposing, and recommended a referendum. Bill Schulke, Sebastian, supported the annexation. TAPE II- SIDE I (9.25 p.m.) DRAFT Sal Neglia, opposed all proposed annexations. Richard Baker, IRNA, distributed a voter opinion survey (see attached), and suggested the land be placed on the land acquisition list. Allen Green, Veto Lake Estates, local contractor, supported annexation. Joseph Schulke, Schulke, Bidd!e, and Stoddard, engineers for the applicant, said the County had advised they come to the City for voluntary annexation, noting the current County land use allows up to six units per acre, and urged approval of annexation. Coy Clark, petitioner for the voluntary annexation, pledged a first class development and urged annexation approval. Mayor McCollum dosed the public headng at 9:35 p.m. City Council input followed. The City Attorney explained annexation is contingent upon final approval of an adopted land use by DCA. He said property taxes would be received in the next tax year. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O- 04-03 was approved by a vote of 4-1 (McCollum - nay) Regular City Council Meeting May 26, 2004 Page Nine DRAFT Ordinance No. O-03-20 - Comprehensive Land Use Plan Amendment - Second Reading, 2nd Public Headng and Adoption - (GMD Transmittal 5/18/04, 0-03-20, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, ADJACENT TO SEBASTIAN ELEMENTARY SCHOOL KNOWN AS ASHBURY SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the public headng, the City Attomey read Ordinance No. 0-03-20 by title. The City Attorney said the site would have to be single-family residential, multi- family, commercial, industrial; or conservation and public service if Council is ready to buy it. Baxter Coston, 660 Balboa Street, Sebastian, questioned procedures. Mayor McCollum called a short recess from 10:00 p.m. to 10:05 p.m. All members were present. Andrea Coy gave a power point presentation showing species on the site and discussed conservation issues and u~ged denial. Louise Kautenberg supported approval Deborah Day, Vero Beach, asked that lower density be considered. Mary Ann Krueger opposed approval. TAPE II - SIDE II (10:20 p.m.) Joseph Palladin, Atlantic Coast Development and Construction, Sebastian, supported approval. The City Attorney advised that if this ordinance is approved and the rezoning and COnceptual plan is denied, the applicant has until DCA makes its decision to accept or deny the decision on rezoning. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, the meeting was extended to 11 p.m. by unanimous vote. 9 Regular City Council Meeting May 26, 2004 Page Ten DRAFT Mayor McCollum closed the public headng at 10:27 p.m. City Council input followed. The City Attorney said potential zoning designations under residential land use were RS-10, RS-20, RS-40, or PUD. Mr. Barczyk described a tour he took of the site and the species he saw on the site. Mr. Coniglio responded to concerns expressed by the public, and Mr. Heptinstall said he did not understand why the environmental impact of this property is more important than the adjacent property also being developed. He noted that not all signers of the petition are City residents. Ms. Monier cited the Eco Troop who were passionate about conserving land and made the effort to raise $300,000 to purchase the property, which the IRNA could do if they are passionate about conservation. On MOTION by Mr: Heptinstall, and SECOND by Ms. Monier, Ordinance No. 0-03-20 was adopted by a vote of 3-2 (McCollum, Barczyk - nay) Ordinance No. O-03-21 - Rezoning/Conceptual Development Plan - Reconsideration Headng from 4/14/04 (Backup Includes Documents Originally Presented at the 4/14/04 Regular Meeting Including Exhibits and Revised Conceptual Development Plan as Provided in Accordance w/Noted Correction at the 4/14/04 Meeting) This hearing is quasi, judicial - see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD- R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-I) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Mayor Opens Headnq Mayor McCollum opened the public hearing, the City Attorney read Ordinance No. O-03-21 by title. Mayor McCollum noted that if time runs out during this headng any agenda items not completed will be carded to the end of the June 2, 2004 Special Meeting. City Council Members Disclose Ex-Parte Communication in Accordance with Law All members of City Council members disclosed ex-parte communication. 10 Regular City Council Meeting May 26, 2004 Page Eleven DI AFT Applicant or Agent Makes Presentation in Favor of Request Fo/lowing Sweadng /n By City Clerk Joe Schulke, previously swom, submitted a power point presentation on the rezoning/conceptual development plan. Backup was distributed by the City Manager and will be considered an exhibit to this hearing (see attached). He discussed the existing house on the property. The City Attorney said a continuation of hearing to a time certain does not require additional notice. Mayor said the headng would be continued to the June 2, 2000 Special Meeting following scheduled items and Mayor McCollum adjourned the meeting at 11 p.m. The remainder of this hearing and the following items will be carried over: 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen/vise on the agenda - sign*up required - limit of ten minutes for each speaker 11. OLD BUSINESS 04.131 289-292 Request from Vice-Mayor Barczyk to Reconsider Ordinance No. 0-04-09 Spencer Annexation and Take Ordinance No. O-00-10 Spencer Rezoning from the Table and Conduct First Readings on both Ordinances at This Time 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MAn'ERS 04.148 Feasibility of Acquisition of Former Beall's Property on U.S. Highway 1 and Unincorporated Enclave Property 04.115 B. Contractor Selection Process for Old Schoolhouse/City Hall Building 15. CITY CLERK MATTERS A. Notification of Board of Adjustment Meeting 6/9/04 - 6:30 p.m. 04.037 293 Reminder of Community Redevelopment Advisory Committee Appointments (Press Release) 11 16. CITY COUNCIL MATTERS A. Mayor McCollum B. Mr. Heptinstall C. Mr. Coniglio D. MS. Monier E. Mr. Barczyk 12 City of Sebastian, Florida Subject: Resolution No. R,04-23 Vacation of Easement - Major; Lots 4 & 5, Block 178, Sebastian Highlands Unit 8 I enceC_. o-ore - _ Agenda No. Oq, [qq Department Origin: Growth Mana~¢~ Purchasing/Contracting: Finance Directoy~7 City Attorney: City Clerk: Date Submitted: 6/02/04 For Agenda of: 6/09/04 Exhibits: 1) R-04,23 2) Site Map 3) StaffReport 4) Application 5) Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the southwestern most six (6) feet of Lot 4 and the northeastern most six (6) feet of Lot 5, Block 178, Sebastian Highlands Unit 8, 302 Lobster Terrace, less the southern most ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. The Engineering Department approves the abandonment of the easement with the condition that the two lots, joined by Unity of Title, are not separated or subdivided at a furore date. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-04-23. RESOLUTION NO. R-04-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 4 AND 5, BLOCK 178, SEBASTIAN HIGHI,ANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 302 Lobster Terrace within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southwestern most six (6) feet of Lot 4 and the northeastern most six (6) feet of Lot 5, less the southern most ten (10) feet thereof, all being in Block 178, Sebastian Highlands Unit 8, as recorded in Plat Book 6, Page 13 of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida, conditioned that the two lots, joined by Unity of Title, will not be separated or subdivided at a furore date. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. upon its adoption. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Councilmember The foregoing Resolution was moved for adoption by The motion was seconded by Councilmembgr and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Hepinstall The Mayor thereupon declared this Resolution duly passed and adopted this day of ., 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan McCollum, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for / (VACA~V) / E~U~LDING SET F~ONT= 25~ REAR= 20' 51E)ES= I0 ABANDONMENT OF EASEMENT Staff Report Project Name: Single-family home for David & Regina Major Requested Action: Abandonment of the side public utility and drainage easements located on the southwestern most six (6) feet of Lot 4, and the northeastern most six (6) feet of Lot 5, Block 178, Sebastian Highlands Unit 8, less the southern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: 302 Lobster Terrace Lots 4 & 5, Block 178, Sebastian Highlands Unit 8 David & Regina Major 262 Poinciana Street Sebastian, Florida 32958 Project Agent: a. Name: Green Brothers Construction b. Address: Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the southwestern most six (6) feet of Lot 4, and the northeastern most six (6) feet of Lot 5, Block 178, Sebastian Highlands Unit 8, less the southern most ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: approved b, Bellsouth: approved c. Comcast Cable: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved, with condition Growth Management Department Comments: The Engineering Department's condition of approval is within the language of the resolution. Staff Recommendation: Approve Resolution R-04-23. Prepared by Date City of Sebastian Development Order Application Applicant (if not owner, written authodza*Jon (nol:~dzed) from owner is required) Phone Number: (-~-~) SC\ ' -~J~.% q FAX Number: Owner (11' different from applicant) Name: Address: ~ Phone Numhe¢, ( //~/~ PAX Number: ( E-Mail: j P =L~A.~'- GOMPL~E ONLY ~',HGS~. SECTIONS WFtlC, H ARE NECESSARY FOR THE PERMIT OR AG~ON ~AT YOU ARE REQUESTING. COPIES OF A~ ~PS, SURV~S, ORAWINGS, ¢0. SHA~ BE A~ACH~D ANO 81/2" 8Y 11" COPIES OF ANY A~ACHMENTS SHA~BEINCLUOEB. A%ACH ~EAPPRCPRIA~ SUPPL&M~ALINFQR~QN FORM. ~ Proje~'s Name (if appii~ble): Site Ioformagion uo~.~ ~'°~: Nm ~ Unit: Zoning Classification: Future Land Use: ~xis~ing Use: Propped Use: C. Description of proposed Activity and purpose of ti~e reque~:ed pen"ni~ or action (a-~mch exlm sheets if OAT~E R~CEIV~O: 9 /'~ FEE PAID: ~'~27/~7 RECEIVED BY: k~ Permit Application No.__ O. Praje~t PersonneJ ,J Agent: N<lwie: Phone Number FAX Numben E-Mail: A~amey: Name: Addres~ Phane Numbe~. ( FAX Numl~en ) E-Maih Engineer: Name: Address Phene NumUen ( FAX Number. ) E-Mail: Surveyor: Address Phone Numben (~.T.T.~)) ,~;,c~ ' ~ (~ O q FAX Number. ) E-Maih A¢¢UCA~ON, AHO ~T A~ ~E iNFOR~CN, ~PS,. ~TA AND/DR S~CHES PRGVIOED IN ~IS APPUCA~ON ARE SWORN TO AND SUBSCRIBED BEFORE ME BY ~ ~3-~*- W~SONALLY ~NOWN TO ME~R PROOUCBD AS IOENFr~F~CA~ON, THI..~ ,'~0 GAY OF [ Revi~ia~: F.~rrtt CD.- 200~ j rCTle Na[t:,e: Permit Applic~dan No. Supplemental Information Easements, vacation of Describe the easement ta be vacated (provide a legal description, if passible): Why is this vacation of an easement being request9 3. Attach a survey shewing the location af the property lines, all easements and all sl~uCmres on the property. Fu,T~ CZ2-2009 I P'a~Te f of '1 Approved: 8/2W97 I Revision: j F~fe Name: Siea.sev HOhtE OF l~'.l,t¢.N'q ISlAND 1225 MAIN STREET ~ SEBASTIAN FLORIDA 32~5a TELEPHONE C772) 589-5518 · FAX (772} 589-2..~/~ REQUEST FOR ABA~DO.NMENT OF E.a, SEI~I,ENT May 12. 2004 Descrinfion of Easement to be aba~do~lerl: The side public uulity and drainage located on ~h¢ southwestern most six (6) feet of Lot 4 and the ner~b~a~st~m most six (6) fe~ of Lot 5, Block 178, Seb~ Highl~ds Unit & le~s the sou~em mo~ t~ (10) thereof. Location of Easement: 302 Lobm~r Terracc, Sebastian, Florida FAX NO: 589-6209 6 Dorri Boswonh City of S~hastian, Grow'th Management Department Fax No. (772) ~89-2566. May 20 04 0~: 14a Indian Riven Utilitiez 77~ 770 5143 p.1 85/12/2884 12:39 77258B'~S C~TV ~ SEBASTIAN P~GE 01/82 12.'2~ MAIN S~REET m SE~A,STIAN, FLORIDA 3~958 TELEPHONE (772) 589-55'1'8 · FAX (772) 589-2~6 FOP- ABANDONMENT OF EA$I~lS, fffNT \:. May 12, 2004 Description af Easement to be abandoned: The side public u~ilRy and drainag~ easements located on the eouthwestera most six (6) fe~ of Lot 4 and the northeastern most six feet o£Lot.$, Block 178, Sebaatian Highlands Unit g, less th= southern mast ten (10) Lneation of Easement: 302 Lobster Termc=, Sebastian. Florida · ~ ITILITY: Kev/n N. O~hus, L1L C. Uffiities APPROVED'. ~ DENIED: APPROVED/DENIeD EIY~'fi~tAc~ (signature) ~AX NO: COMMENTS: Returfl to: Dom Bosworth, City of $~bastian, Growth Management Deparanent Fax No. (772) 589-2566. 0~/13/04 ~ 09:18 FAX ?72 58? 8449 CO~CAST ~001/001 05/I2/' 884 12:35 772589256~ CITY Cji: SEBASTIAN PAGE 81/82 122,5 MAIN ~PtliiE' · SEI~ASTIAN, FLO~IIDA 3295/} TELEPH'DNE (772) 589-5518 · FAX (772] 587-2~46 REOLT~ST FOR ABAJfDONiM~NT OF EA,~M~NT 32, 2004 )~cdption of IC~erg~at ~o b e abandou~: Thc side public a61i~ ~d d~a~ c~em~ l~a~ on ~: southw,a~ moa ~ix (6) fcct of ~t 4 and ae no~e~m mo~t Six f~t of Lo~ 5, Block 178, Seb~a~ ~ds Umt S. l~ss me sou~ mo~ t~ (10) ~f. . .oeatioa of Eait~eat: 302 Lobster Terraee. Sebastian, Florida ' ITTLiTY: CraiE Bowers/Cookie Shaw, Comcast Cable · ~PPRO¥ED/DBNIED BY: DENIED: FAX MO: 778-9635 D ATE: < .OMiYi~2,~T S to: Dom Bosworth, City of Sebastian, Grow~ Managera:nt Dcpamnen~ Fax No, (772) 589..2566. 05/24/04 t5=i? FTP ENGINEERING + ??25892566 NO.4~ ~§/22/~oe4 12:32 772589~566 CITY OF ~E]3~'TI~N ~ P001/~2 TELEPHONE [772] $~9-$51 e · FAX (7'/~} $$9-2566 ~O~E~T ¥OR SBANI)ONMEI~'I' O~r ~:A$ May ~2, 200,~ DeScrtptlon of £aseme~t to l~e abandonS: Thc side public ~,tility and cit'~nage easements locate4/on :he so~bw~t~ mo~ s~ (6) ~ct o¢ ~C 4 ~d ~e =o~s~ most six (6) f~ of~t 5, Bl~k 178, S~ti~ Hig~ds Unit 8, 1~ ~c ~uth~ most ~ (10) feet ~~_Tsem~ 302 ~bster T~c~, Seb~, UT~Y: ~rk Wa~er, Bell SOU~ F~ NO: 77~5~1 APPROVED~E~D BY: ~ cOMMENTS: Dom Bosworth, City of Scbastiam G-rov,'th ManagCra~'nt D~parrm~nt Fax No. (772) 589-2566. 02/24/2003 23:19 05/2512004 12:25 5614896224 ST LUCIE SVC CTR CITY Ol~ ~BASTIAN '12~ HAIN ;EE~T., SEBASTIAN, FLORIDA TELEPHONE (7/:2) 589.$51· · fax (772) REQUEST FOg ABANOONMENT..Q~ ~gA$1Z.Mt~NT May Il, 2004 De~crltrtion of Eas,ement to be,abandoned: The side pubii¢ =tiliry ~d ~age loca~ on ~e sou~wes~ mos~ six (6} f~t of ~t 4 ~d ~ ~ most six Locnt/0n 0f.E.asement: 302 Lobster Terrace, $¢ba.~ian, Flor/da UTILITY; APPROVI~D: A PPROVED/DI~qlHD Armalight Marian, FPL DENIED: DAT]5: Oorri Bosworth, City of S~astian, Grow'th F~x No, (772) 589-2366. City of Sebastian, Florid Subject: Resolution No. R-04-24 Fee Increase for Driveway Permit Application al by: Agenda No. ~ q, l 5t~ Department Origin: Engineering Dept. Head: FiHance: General Services: 'Date Submitted: For Agenda of: 2 June 04 9 June 04 Exhibits: Survey Summary (1 page) EXPENDITURE BUDGET REMAINING: APPROPRIATION REQUIRED: - 0 - NA REQUIRED: None SUMMARY A Driveway Permit Application is required for every new home and/or new residential driveway in the City of Sebastian~ These permits are investigated, processed, and issued by the Engineerin~ Department. The application fee for a Driveway Permit is currently $50.00. This fee is, in theory, to cover the Engineering Department's actual costs incurred in perform/n§ from 4 to 6 inspections during the construction of each new home / driveway and to further process and administer the approval of the permits. Tins is a major feature of the City's process that checks stormwater drainage associated with residential construction. The City/s currently issuing approximately 600 building permits a year, requiring a total of more than 2400 Engineering Deparmaent driveway permit inspections per year for an approximate total fee revenue of $30,000. (This does not include the Building Department's separate fee schedule and process requiring additional inspections.) The Engineering Deparmaent's actual costs for performing these 2400+ field inspections plus administrative processing and documentation is comervatively calculated to be in excess of $65,000 per year - an annual operating deficit of mere than $35,000 per year, not including an allowance for additional resources likely to be required to keep up with the pace of residential construction in the City. These numbers indicate an application fee of approXmaately $100 per permit application would come close to covering the actual current costs of performing the field inspections and administrative documentation required for Driveway Permit Applications. The Engineering Department recently surveyed 10 jurisdictions in Indian River, Brevard, St. Lucie, and Martin counties. The survey shows similar driveway application permit fees currently ranging from $45 up to $250. (The lowest surveyed is Cocoa Beach. The highest surveyed is Port St. Lucie.) Tlie average for the 10 jurisdictions included in the survey is $121. An increase of the City's Driveway Permit Application Fee from $50 to $100 would not require the highest such fee in the area but would better defray the actual cost to the City of performing the work reqUned to investigate and approve such permits in a timely manner. RECOMMENDATION Move to adopt Resolution R-04-24. RESOLUTION NO. R-04-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INCREASING THE DRIVEWAY PERMIT APPLICATION FEE TO $100; PROVIDING FOR/~1 EFFECTIVE DATE. WHEREAS; a $50 driveway permit application fee was last established by Resolution No. R-02-27; and WHEREAS, driveway permit fees are established to cover the cost of Engineering Department inspections; and WHEREAS, approximately 2400 driveway inspections will be conducted for the approximately 600 building permits issued this year; and WHEREAS, the Engineering Department's actual costs for inspection are estimated to be in excess of $65,000 per year; and WHEREAS, current figures indicate a fee of $100 would more appropriately cover the actual cost of performing field inspections and administrative documentation for a driveway permit application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. DRIVEWAY PERMIT APPLICATION FEE. The fee for a driveway permit application is hereby increased to $100 Section 2. REPEAL. Resolution No. R-02-27, and any other Resolution in conflict herewith is hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its 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: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier The Mayor thereupon declared~this Resolution duly passed and adopted this 9th dayof June, 2004. CITY OF SEBASTIAN, FLORIDA A'I-I"EST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC - City Clerk Approved as to Form and Legality for the City of Sebastian Rich Stringer, City Attorney City of Sebastian Engineering Department Survey of Driveway / Drainage Permit Fees (Originally done in October 2003. Updated in May/June 2004.) Jurisdiction Brevard County $ 90.00 Melbourne $ 52.50 Palm Bay $145.00 Merritt Island $ 90.00 Cocoa Beach $ 45,00 Indian River County (incl. Vero Beach) $ 75,00 Martin County $179.00 Stuart $137.50 Driveway / Drainage Permit Fee (Comparable) St. Lucie County * Fort Pierce (Not included in survey average.) $150.00 'included in sizable building permit fees.) Port St. Lucie $250.00 Average: [ $1214.00 / 10 ] $121.40 2 June 04 / DWF Pg l of l HOME OF PF. LIC,~I ISL,~qD crr or AGENDA TRANSMITTAL Subject: Louisiana Avenue Neighborhood Improvement Program AgendaNo. 0q' O~b Department Origin: Purchasing/Contracting: Finance Director: City Attorney: Q )~ ~r[.~_ City Clerk: ~i~t'f~ Date Submitted: 05/19/04 For Agenda of: 06/09/04 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY As part of the City's continuing effort to secure properties necessary to implement the Louisiana Avenue Neighborhood Revitalization Program, the City recently received a fully executed easement dedication from Louise Coleman and Herbert E. Ashbumer. RECOMMENDED ACTION Move to authorize acceptance of easement dedication from Louise Coleman and Herbert E. Ashbumer, 1024 Louisiana Avenue, Sebastian, Florida. HOMg O~ P~UCAN I~l,,/~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Janitorial Services Contract roved~ for bmitta_l by: City Manager Agenda No. 04~ [52 Department Origin: Public Works Department Head~ Finance Department.'_ Purchasing/C ont~m~ting~ City Attorney: City Clerk: Date Submitted: June 2, 2004 For Agenda of: June 9, 2004 Exhibits: Price Proposals Tabulation Form & Proposed Services Agreement EXPENDITURE REQUIRED AMOUNT BUDGETED FY 03/04:$12,160 FY 03/04:$32,400 APPROPRIATION REQUIRED: None SUMMARY With an increased demand for City Services, Staffhad to look at different options to accommoaate such growth and maintain all other serviCes un-affected. Staff identified Jen/torial Services as a candidate for outsourcing and lowering currant and future costs for these services, allowing us to m-assign resources to perform other services. Consequently end in accordance with Purchasing Procedures, proposals to perform Janitorial Services for a three (3) year term with two (2) optional one ( 1 ) year extensions were solicited. Three firms based in Veto Beach responded. Ninety-Five South Inc., currently performing these services for Indian River County in the Commissioner's build'rog in Vero Beach and Sandridga Golf Course in Winter Beach, and at the Health Department facility in Gifford, submitted the lowest price proposal. (See Attached Price Proposal Tabulation Form). Ninety Five South Inc. references were investigated and checked om favorable. The annual cost to perform the proposed services in the current facilities is $ 48,634.92. Pricing contains provisions for new City Hall, the expanded Police Department, as well as the new Administration Building at the Municipal Airport. The expenditure requirements indicated above include the costs to perform these services during three months of the current FY. The annual cost to perform janitorial services in the new and existing facilities will be $65,434,92. An analysis of the proposed prices indicates that they are fair and reasonable. Accordingly, Staffrecommends awarding a contract to Ninety Five South Inc. RECOMMENDED ACTION Move to approve awarding a contract to perform Janitorial Services, during a three (3) year term with two (2) optional one (I) year extensions, to Ninety Five South Inc. and authorize City Manager exeeute the same. / A x CITY OF SEBASTIAN FORM OF AGREEMENT PROFESSIONAL JANITORIAL SERVICES This Professional Janitorial Services Contract is executed by and between the City of Sebastian, a municipal corporation organized end existing under the laws of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (hereinafter "City"); end , whose address is hereinafter "Contractor". The parties hereto agree to the following terms end conditions: 1. CONTRACT DOCUMENTS The following documents are attached hereto end made a part of this Contract: Notice of Request of Proposals, RFP Documents, Addenda as required, Instructions to Vendors, General Conditions, Special Requirements, Supplementary General Conditions, Proposal Form and Proposal Schedules "A", "B" and "C', Form of Agreement, Public Entity Crimes Sworn Statement, Drug-Free Workplace Statement, Bonding, Questionnaire, Technical Specifications, Exhibits and Change Orders. 2. TERM & RENEI~AL The term of the Contract shall be for three (3) years beginning end ending . Thereafter, the contract may be renewed for an additional three (2) years in one (1) year increments by mutual consent of both parties. SCOPE OF WORK The Contractor shall perform all the work as described in the documems entitled "PROFESSIONAL JANITORIAL SERVICES" for the City, and shall do everything required by this form of Agreement and any other Contract documents. 4. PAYMENT The City shall make a single monthly lump sum payment for the prior month's services, as described in the Contract Ptice Schedule, once the contractor has completed the work in accordance with the Contract Documents. 38 B. Ne invoice shall include Federal Excise, State or City Sales Tax. City shall furnish tax exemption certificates upon request. 5. CANCELLATION City shall have the right to cancel, this Contract in ks entirety, or all or any part of the undelivered portion of any purchase release, if Contractor breaches any of the terms hereof~ including Contractor's warranties, or if Contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and in lieu of any other remedies which City may have in law or equity. 6. TERMINATION The City may terminate this Contract at any lime without further obligation hereunder upon delivery of a written notice of termination. 7. GRATUITIES The City may, by written notice to the Contractor, cancel this Contract without liability to Contractor if it is determined by City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or g/yen by the Contractor, or any agem or representative of the Contractor, to any officer or employee of the City with a view toward securing a Contract or secmSng favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a Contract. In the event this Contract is canceled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the mount of the cost incurred by Contractor in providing such gratuities. 8. SPECIAL TOOLS & TEST EQUIPMENT If any of the prices stated in the Bid Schedule include the cost of any special tooling or special test equipment fabricated or required by Contractor for the purpose of 6111ng this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Contractor as such. 9. FORCE MAJEURE Neither party shall be held responsible for losses resulting to the other if the fld~llment of any obligation of this Contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is nnsble to prevent. 10. AS SIGN-M~NT-DELEGATION No right or interest in this Contract shall be assigned or delegation of any obligation made by Contractor without the written pemaission of the City. Any attempted 39 assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 11. SUBCONTRACTORS The Contractor shall.not sublet the whole or any part of the Contract without the consent and approval of the City. 12. WAIVER No claim or right arising out of a breach of this Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 13. MODIFICATIONS This Contract can be modified only by a writing signed by both of the parties or their duly authorized agents. 14. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties ns a final expression of their agreement and is a complete and exclusive embodiment of the terms of their agreement. Neither prior course of dealings between the parties nor usage of the trade shall be used to supplement or explain any term u~ed herein. 15. APPLICABLE LAW This Contract shall be governed by the law of the State of Florida. 16. RIGltT OF ASSURA.N~ Whenever a party to this Contract in good faith has reason to question the other part,rs intent to perform he may demand that the other party give written assurance of his intent to perform, im the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this Contract. 17. SPECIAL CONDITIONS If a conflict between the parties regarding this Contract results in litigation, venue shall be in the Circuit Court for Indian River County, Florida. Venue shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of all court costs, the cost of expert witnesses, costs of depositions, and costs of attorney's fees incurred as a result of the default. The parties hereby waive all rights to trial by jury, 4O 15. INDE~CATION AND INSURANCE The Contractor shall indemnify, hold harmless, and procure and maintain insurance provided in Paragraphs 1, Supplementary General Conditions, and to the extent required in said paragraphs, require any and all subcoatmctors to do the same. 19. CONTRACT UNIT PRICES The unit prices contained in the Schedules "A", "B" and "C" for Janitorial Services are incorporated herein, with changes as noted, and made a part of this contract. PROJECT NAME: PROFESSIONAL JANITORIAL SERVICES WITNESSED BY: Sign: Print: Sign: Print: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF (NAME OF CONTRACTOR/COMPANY) Sign: Print: Sign: Print: Title: The foregoing instrument was acknowledged before me this ,2004, by as corporation. They are personally known to me or have produced as identification and did (did not) take the oath. day of , and , on behalf of the NOTARY PUBLIC Sign:. Print: State of Florida at Large (seal) Commission No. My Commission Expires: 41 ATTEST: CITY OF SEBASTIAN: Sally A. Maio CMC/AAE T~tle: City Clerk Sign:. Terrence Moore Title: City Manager (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Rich Stringer, City Attorney 42 DRUG=FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: Pubhsh a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of mahataining a drag-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition Of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of~ or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-flee workplace through implementation of Paragraph 1 through 5. As the person authorized to sig~ this statement, I certify that tbi~ firm complies fully with the above requirements. Contractor 43 PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, mum execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsib/lity to see thai copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqu~li~cation of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disquali/~ed fi.om public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusio~ racketeering, conspiracy, or material misrepresentatior~ By law no public entity shall accept any bid fi.om, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months fi.om the date that person or affiliate was placed on the convicted vendor list unless that person or a~liate has been removed ~om the hst pursuant to Section 287.133(3)(0, Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount for category two, to provide goods or services to ~ CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be ufiliT, ed and must be properly signed in the presence of a notary public or other officer authorized to admini.~ter oaths and properly executed. THE INCLUSION OF TH'F~ SWORN STATE~ OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BI]) DOCUMENTS. NON-INCLUSION OF THl~q I)OCIYM~NT MAY NECESSITATE REJECTION OF YOlYR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTIql~R OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with the for TI-IE CITY OF SEBASTIAN. 2. This sworn statement is submitted by business address is Federal Employer Identification (FEIN) is ., whose and (if applicable) its 3. My name is (please print name of individual si~tming) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the Iransaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any publieentity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in. Paragraph 287.133(1)(1>), Florida Statutes. means a finding of guilt or a conviction ora public entity crime, with or without an adjudication of guilt, in any.federal or state trial court of record relating to charges brought by indi~h~tent or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity er/me. The term "~ffiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agants who are active in the management of an The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint vemure with a person who has been convicted of a public entity cme in Florida during the preceding 36 months shall be considered an affiliate. 45 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief; the statement which I have marked below is mae in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) __ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted ora public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or aa affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The fund order entered by the hearing officer determined that it ~vas in the public interest to remove the person or affiliate fi.om the convicted vendor list. (Please attach a copy of the final 6rder.) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date: 46 STATE OF FLOR]I)A COUNTY OF The foregoing instmmem was acknowledged before me this day of ,2004 by (title) on behalf of . He/she is personally know~ to me or has produced as identification and did ( ) did not ( ) take an oath. ' (Notary Signature) Name: My Commission Expires: Commission Number: 47 HOM~. O; ~CAN ~S~ID CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: PurchaseofPoliceK-9Vehicle AgendaNo. ~)~.'. '~ Depactment Origin: Policez_Jan~e~A. Davis 4~roved for~a~lit~: City Manager Purchasing/Contracting'~,~...'U~.~fO -- ,,/ · Finance Director:. f~/ /~ CtW-Xttorney: ~-~ ~ City Clerk: ~ce~o~re Date Submitted: S-24-2004 For Agenda of: 6-9-2004 Exhibits: Florida Sheriff's Association Bid Document EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $25,390.00 28,000.00 REQUIRED: None SUMMARY A 2000 Ford, Crown Vehicle (68,343 miles) that has been ,~livexl as a K-9 Vehicle ~ to be roplacecl. It has become so cusfly to repair that our fleet m~nagex has rccomme~ldod its disposal ~ OliOs i,,n! SCll~hl]g. Th~ spare v~hicle for K-9 usc i~ a 1999 Jeep that is not reliable for ~vcxyday use. Th~ Police Dep~a~nc~t is r~qu~sting to put-bane on~ Cbevrol~t Trail Blazer 4X2 to be used as a marked K-9 Unit to r~place a 2000 Crown Vi~toria. Price quote~ are from the Florida Sberiffs Association Bid Award ~/03-11-0825 S_.t~t. e Wide Bid for year 2004 new vehicle copies attached. -' RECOMMENDED ACTION Move to m~thoriz~ the ~ of ~ Chevrolet Trail Blazer 4X2 fioai Alan Jay Automotive Network at a total eust of $25,390.00 in ac, c, ea~kan~ with Florida Sheriffs Association Bid Awar& LAN JAY CORPORATE 863 402 42.Zl 05124 'Off 10:35 N0.290 01/01 ALAN JAY CHEVROLET O[..DSMOBILE CADILLAC, IN~. I~ID ~-0~'t 1404 ALAN JAY PONTIAC BUICK GMC, INC. FE~D # tiE,-3553028 ALAN JAY tMPORTS, INC. D/BIA ALAN JAy TOYOTA FEID ~ 59.3633026 ALAN JAY CH~YS[.ER PLYMOUTH dEEP, lNG, FEID # 66-0,5~5b~0 VEHICLE QUOTED ~Y: Chris x~Vj[so[% F}eet IV[a~e~' 8B3-4(~2.4234 't Want to be ypur Fleet Provider" hds. ilso ~'av. com Call Us first,for all of your Fleet Automotive, ,~ £~[~ht Trttck needs. PHO3FE (800) AI. ANJA Y (252.6529) WWW;ALANJA Y. COM  21'5 U.S, 27 Soath ~P.O. aOX g2O0 Sabring, ~ 33870 ~Sebrlng, FL 3~871.-$200 QUICK QUOTE S ET FOR ~¢LES ~OM STA~ CO~CT &~LO~DA DA~ ,.. 2~y-~ PAGE 3 ~ 3 REQUESTING AGENCY: ~TY OF CONT~T PERSON: Lt, Gre~ ~t~ PHONE NUMBER: 7~9-2515 C~I F~ NUMBER: M~EL: csqsg08 SPECIF~TION Stock ~ 4~80~2 50U Summl~ ~1~ B~E DIS~ICT PRICE: O~ION ~ ~8CRIP~ON C~T CLFFi D~W BAR ~ K-9 CONTAINER, ALL ~UMINUM $I ,~5.~ ~ 5" ROUND DOME LIGHT ....... S85,00 ~I~B ~OT UOHT, P~T MOUNTED ~75.~ GRILLE ~OBES ~ H~LIGHT F~HER ~155.00 TLN2~ RE~ VIEW MIRR~ STROBES (IN~RIOR " ' S~8.00 S6~CC~P WHEL~ 4 CORNER ~ROBE PKG .... TLN1R~ ~R WINDOW & SIDE RE~ WINDOW 8~RO'BES. ~69.00 ~SHFS 1 ~4 SI~N SP CO,ROLL HEAD TOTAL OF OPTION~: $4,4D1 ~ENDED WARRANt: ~,~ O~ OF 8TOOK ~UOTE TOTAL COST: I eppreoiste the cpportungy to aui~mitt~l~ quotation, Pleaee review It carefully, ti thera em any errors or changes plee~ feel frae to contact me at eay tE~e, t will be happy to a~iat you. Comments: QUOTE SUBJECT TO AYAILABII.ITY AT TIME OF PURCHASE OLDER RECEIFT. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Federal NPDES Permit Application Fee Approved for Submittal by: City Manager Terrence IL Moore Agenda No. 0q. [Sq Department Origin: Engr.~ Purchasing/Contracting: Finance Director: _ ~~ City Attorney: ¢ ('~? City Clerk: ~ Date Submitted: June 2, 2004 For Agenda of: June 9, 2004 Exhibits: NPDES Permit Application Fee Schedule NPDES Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $5,325.00 - 0 - REQUIRED: $$~325.00 FUNDE~G SOURCE: Stormwater UtilibJ Revenue SUMMARY In 1995, the U.S. Environmental Protection Agency (EPA) authorized the Florida Department of Environmental Protection to implement the National Pollutant Discharge Elimination System (NPDES) to permit surface water discharges, predominately from industrial and domestic wastewater facilities. In October 2000, EPA authorized the Department to implement the NPDES stormwater permitting program to regulate point source discharges of stormwater into surface waters from certain municipal, industrial and construction activities. The City of Sebastian is required to su bmit an NPDES Phase II Permit Application. The fee for the 5 year permit based on the population of the City is $5,325.00. RECOMMENDED ACTION Hove to approve the NPDES Permit Application and appropriate funds in the amount of $5,325 for the 5 year NPDES Phase II Permit. CHAPTER 62,4 PERMITS PART I 62-4.001 62-4.020 62-4.021 62-4.030 62-4.040 62-4.050 62-4.052 62-4.055 62-4.060 62-4.070 62-4.080 62-4.090 62-4.100 62-4.110 62-4.120 62-4.130 62-4.150 62-4.160 PART II 62-4.200 62-4.210 62-4.220 62-4.240 62-4.242 62-4.243 62-4.244 62-4.246 62-4,249 62-4,250 PART III 62-4.510 62-4,520 62-4.530 62-4.540 GENERAL Scope o£Part I. Definitions, Transferability of Definitions. General Prohibition. Exemptions. ,Procedurc~ to Obtain Permits and Other Authorizations; Applications. R.¢g~latery Program and Surveillance Fees t6r Wasreweter Fatalities or Activities Discharging to Surface Waters. Permit Processing. Consultatian. Staudards for Issuing or Denying Peri'niB; lsmanee; Denial. Moddfication of Permit Conditions. Renewals. Suspension and Revoeatiun. Financial Responsibility. Transfer of Petmits. Plant Opemfien - Problems. Review. Pen'nit Conditions. SPECIFIC PERMITS; REQUIREMENTS Scope of Part II. Construction Permits. Operation Permit for New Sources. Operation Permits for Water Pollution Soumes. Antidegradation Permitting Requirements; Outstanding Flor/da Watem; Outstanding National Resource Waters; Equitable Abatement. Exemptions from Water Quality Criteria. Mixiag Zones: Surface Waters. Sampling, Testing Methods, and Method Detection Limits for Water Pollution Sources. Preservation of Rights. Water Pollution Temporary Operation Permits; Conditions. PROCEDLFRES FOR GENERAL PERMITS Scope of Part III. Definition. Procedures. General Conditions for All General Permits. PART I GENERAI, 62-4.001 Scope of Part I. This part sets forth procedures on how to obtain a permit from the State of Florida Department of Enviroamental Protection. Tiffs part also provides requirements and proanderes for the issuance, denial, renewal, extension, ~ansfer, modification, suspension, and revocation of any permit required by the Department of Environmental Protection. The provisions of this Part, except for Rule 62-4.020, F.A.C., and subsection 62-4.050(4), F.A.C., shall not apply te activities regulated under Part IV of Chapter 373, F.S., except those activities in the geographical territory of the Northwest Florida Water Management District and those activities grandfathered under Sections 373.414(11), (12)(a), (13), (la), (15) and (i6), F.S. This part shall not preclude the application of any other permit requirements er procedures for certain types of facilities as contained in other chapters of Title 62, F.A.C. Specific Authority 373.026, 373.043, 373.044, 373.i09, 573. I13, 373.418. 403.021, 403.031, 403.06I, 403.087, 403.088 F~ Law Implemented $75.026, 373.044, 373.]09, 373.409, 373.413, 373.4135, 373.414(9), (lO, (12)(a), (13), (14), (15), (16), 373.4145, 373.41& $75,421, 403,02L 403.031, 403.061, 403.087, 403.088 FS. H~tory-Are~ 5- l 7-72, Formerty ! 7-4.01, Amended 8-31-88, Formerly 27-4.001, Amended 7-4-95. 62-4.020 Definitions. When used in this chapter, unless the context clearly indicates otherwise, the following words shall mean: (I) "Annual Average Flow" is the long-terra harmonic mean flow of the receiving water, or an equivalent flow based on generally accepted scientific procedures in waters for which such a mean cannot be calculated. For waters for which flow records have been kept for at least the last three years, "long-term" shall mean the period of record. For all other waters, "long-term" shall - I0 Spec~fia Authority 373.026, 373.043, 373.414, 373.418, 403.061, 403.805 F$. Law,rmplemented 373.109, 373.413, 373.414, 373.4145, 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.817 F$. H'~story-3/ew 3-4-72, R~vised $-17-72, Amended 6-10-751 Joint administrative Procedures Committee Objeclion Filed - See FAW Vol. L tiro. 28, 1-12-761 Joint Administrative Procedures Committee Objection grtthdrawn - See FAY/ riel. 3, No. 30, 7-29-77. Amended 3-11-81, 10-16-84, 12.10-84, Formerly 17-4,02, Amended 3-I8-86, 8-31-88, 6-4.92, I1-16-92, 7.11.93. Formerly 17-4.020, Amended4.3.03. 62-4.021 Transferability of Definitions. Definitions in other chapters of the Deparmaant's roles may be used to clarify the meaning of terms used in this chapter unless the terms are defined in Rule 62-4.020, F.A.C., or unless transfer of such definition would defeat the purpose or alter the intended effect of the provisions of this chapter. Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.02L 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403. 702, 403.708 F$. Histo~ew 3-l-79, Amended8-31-.88, Formerly 17-4.02J. 62-4.030 General Prohibition. Any stationary installation which will reasonably be expected to be a source of pollution shall not be operated, malnt~fmed, constructed, expanded, or modified without the appropriate and valid permits issued by the Depar~nent, unless the source is exempted by Department rule. The Departmant may issue a permit only aRer it receives reasonable assurance that thc installation will not cease pollution in violation of any Of the provisions of Chapter 403, F.S:, or the roles promulgated thereunder. A permitted installation may only be operated, maintained, constructed, expanded or modified in a manner that is consistent with the terms of the permit. Specific Authority 403.021. 403.031, 403.061. 403.088 F$. Law implemented 403,021, 403.0.51, 403.061, 403.087, 403.088 F$. History-New 3.4-70, Revised6-17-72, Formerly 17-4.03, Amended S-31-88, Formerly 17-4.030. 62-4.040 Exemptions. (1) The following installations are exempted from the permit requirements of this chapter. The following exemptions do not relieve any installation from any other reqthremeats of Chapter 403, F.S., or rules of the Department. Other installations may be exempted under other chapters of Tire 62. (a) Structural changes which will not change the quality, nature or quantity of air and water contaminant emissions or discMrges or which will not cause pdi[ution. (b) Any existing or proposed installation which the Department shall d~tennine does not or will not cause the issuance of air or water contaminants in sufficient quantity, with respect to its character, quality or content, and the circumstances surrounding its location, use and operation, as to contribute sigin_ficamly to the pollution problems witt/m the State, so that the regulation thereof is not reasonably justifie& Such a determination is agency action and is subject to Chapter 120, ES. Such determination shall be reade in wtiting and filed by the Department as a public record. Such determination reay be revoked if the installation is substantially modified or the basis for the exemption is detenffmed to be materially incorrect. (2) These exemptions do not apply to the discharge to waters of the state from any article, machine, equipment, contrivance er their exhaust system, which contains water-borne radioactive mater/al in concentrations above the natural radioactive background concentration in the receiving water. ?pec~cAuthority 403.061, 403,805FS. Zaw Implementsd403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.805, 403,813 F$. History- Formerly 17-4. 03(2), FAC., New 3-4- 72, Revised 5-17- 72, Amended 8- 7-73, 6-I O- 75; Joint Administrative Pracedure~ Committee Objeetion fited - See FA~r Yol. 3, No. 28, 7-18-75, Amended I0-26-75, 7-8-76; Joint ~ldminisrrative Procedures Objection withdrawn - See F,4W VoL 3, No. 30, 7.29-77, Amended 7-13-78, 3.1-79, 3-11-81, 7-8-82, 3-31-83, 3-15-84, 12.10-84; Joint A dmirri~trative Procedures Committee Objection filecl - Se~ FAg- VoL 11. No. 11, 3-I5-85, Amended 5.8-85; Amendments qffecttve 6-24-85 - See Ch. 85.334, Laws of Floridu; Joint lidministradve Procedures Committee Objection withdrawn - See FAg' Vol. 1I, No. 51, 12.20-85, Formerly 17-4.04, Amended 3-17-86, 8-31-88. Formerly 17-4.040. 62.4.050 Procedures to Obtain Permits and Other Authorizations~ Applications. Il) Any person ctesmng to o0tmn a permit fi'om the Department shall apply on forms prescribed by the Department and shall submit such additional information as the Deparunant by law may require. (2) All applications and supporting documents shall be filed in quadruplicate with the Department. (3) To ensure protection of public health, safety, ar~ welfare, any construction, modification, or operation of an installation which may be a source of pollution, or of a public dnnking water supply, shall be hi accordance with sound professional engineering practices pursuant to Chapter 471, F.S.; and all final geological papers or documents involving the practice of the profession of geology shall be in accordance w/th sound professional geological practices pursuant to Chapter 492, F.S. All applications for a Department permit shall be certified by a professional engineer registered in the State of Florida except, when the application is for renewal of an air pollution operation permit at a non-Title V source as defined in Kule 62-210.200, F.A.C., or whcrs professional engineering is not required by Chapter 471, ES. Where required by Chapter 471 or 492, F.S., applicable portions of permit applications and supporting documents which are submitted to the Departmens ibr public record shall be signed and sealed by the professional(s) who prepared or approved them. 1. Generic Pernfit for Storrnwater Discharge/rom Large and Small Construction Activities. a. Activities disturbing 5 or more acres (large) $300 b. Activities disturbing 1 acm of land or g~ater and less titan 5 acres (small) $150 2. Multi-Sector Generic Permit for stormwaler discharge essociated with industrial activity $500 3. No Exposure Certification for Exclusion from NPDES Stormwater Permitting $100 4. Stormwater discharge esseciated with indu~ial activity permitted under Chapter 62-620, F.A.C. $1000 5. Generic Permit for Discharge of Stormwator from Phase II Municipal Separate Storm Sewer Systems (Z4S4s): a. Phase II MS4s in jurisdiction with a population of 50,000 or greater as determined by the 2000 $7,g00 Federal Census b. Phase II MS4s in a jurisdiction with a population of greater than 10,000 but less than 50,000 as !5.325 deterunucd b~, toe 2000 Federal Census ¢. Phase II Mg4s iffa jurisdiction with a population of I 0;000 or less es determined by the 2000 $3,750 Federal C~nans; Florida Department of Transportation facilities (e) Wetland Resource Management (Dredge and Fill) Permits. This para,apb pertains to projects th~t have been grandththered according to Sections 373.414(I1) (1994 Supp.), (12)(a) (1994 Supp.), (I3), (14), (15) or (16), F.S., and projects, or portions tilereof, located in the Northwest Florida Water Management Dis~ct 1. Dredge, and fill aonsWactian projects up to and including 5 years: a. Stan~,~'d form projects including dredge and fill activities that affect I0 er $4000 more acres of jurisdictional area pursuant to subsection 62-312.070(2), F.A.C. h. Standard form construction projects that involve the construction ofn~w docking facilities pursuant to Rule 62-312.070, EA.C., thai provide: (I) 50 or more new boat slips $4000 (Ii3 25-49 new boat slips $3000 (m') 10-24 new boat slips $1500 (IV) 3-9 new boat slips $500 0f) 0-2 new boat slips $300 ¢. Short form construction projects involving dredging and filling activities that affect 9.99 acres or $500 lass ofjutisdictional area, pursuant to subsection 62-312.070(2), F.A.C. d. Short form construction projects involving the construction of new docking or boardwalk facilities, purnmnt to Rule 62,312.070, F.A.C., llmt provide: (I) 0-2 new boat slips $300 (II) 3-9 new boat slips $500 (I~ The addition of 3 to 20 docking slips to existing funedon~l docking facilities where the total facility will not exceed 50 slips and the existing and proposed slips are not associated with commercial facilities or facilities which provide supplies or services required for boating activities. ~. Short form and standard form projects solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part W of Chapter 373, F.S. 2. Dredge and fill construction permits in exeaas of 5 years: a. Short form permits from 6 years up to and including 10 years b. Standard form permits for 6 years ¢. Stsadard form permits for 7 years d. Standard form permits for 8 years e. Standard form permits for 9 years f. Standard form permits for 10 years g. Standard form permits for 11 yenm h. Smuderd form permits for 12 years i. Standard form permits for 13 years j. Staadard form permits for 14 years k. Standard form permits for 15 years L Standard form permits for 16 years m. Standard form permits for 17 years m Standard form permits for 18 years a. Standard form permits for 19 years $500 $100 $3000 $6000 $7000 $8000 $9000 $10,000 $11,000 $I2,000 $13,000 $14,000 $15,000 $16,000 $17,000 $18,000 $19,000 - 16 F F I U - NOTICE OF INTENT ~'ermi~!o: FCR~ TO USE GENERIC PERMIT FOR DISCHARGE OF STORMWATER FROM PHASE II MUNICIPAL SEPARATE STORM SEWER SYSTEMS (RULE 62--621.300(7)(b), F.A.C.) INSTRUCTIONS: This NOI must be completed and submitted to the Department to authorize use of the Genedc Permit for Discharge of Stormwater from Phase II Munldipa~ Separate Storm Se~er Systems ('MS4 GP'), provided in Rule 62~621,300(7)(a). FA.C. The ~ of municipal s~parate storm sewer system that qual~l~s for coverage under the MS4 GP and the applicabte Phase Ii MS4 sto~nwat~' management program requirements are specified in the permit. You should farniliartze yourself wi~ the MS4 C-P before cornpJet~g ~ NOI. · Submit this ~lly completed NOI, pem3it fee, and mc!uired attachments by mi to the eddr~m~S in the box at righC DO NOT SUBMIT any materials not in the chaofdlst in Section V. of this · Please I~int or type information in the appropriate areas bstow and complete each sectimt. Submit NOI, permit fee, and required attachments to: NPDES Stormwater Notices Center M.S. #2510 Fledda Department of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2400 Name of the Phase II MS4 Operator:. City of Sebastian Name of the Phase II MS4 Responsible Authority: Terrence Moore Title: City Manager Mailing Address: 1225 Main Street City: Sebastian J zipCede: 32958-4165 J County: Indian River Telephone Number: (772) 589-5490 Name of the Designated Phase II MS4 Stormwater Management Program Contact: Kenneth Jones Title: Stormwater Utility Engineer Oeda~men~ Engineering Department Mailing Address: 1225 Main Street city: Sebastian I zip Cede: 32958 I County: Indian River Telephone Number, (772) 589-5490 E-mail Address: kjones@cityofsebastian.org Location of the Phase ~1 MS4/if different than the mailing address in Section I.C. above): Street Address: 1225 Main Street ci~ Sebastian I ZipCode: 32958-4165 I Coun : Indian River Approximate center of the Phase II MS4: Latitude: N27 48 , 36 ' Lon~litude: WS0 o 28 , 27 Phase II MS4 ownership status (check onel: [] Public [] State [] Federal Total resident population o~ the Phase Il MS4: 18,500 Name of the urbanized area(s) the Phase II MS4 is located within (if applicable): Name of the Water Management District the Phase II MS4 is located within (check all that apply): [] Northwest Florida Water Management District [] Southwest Florida Water Management District [] Suwanee River Water Management District [] St. John's River Water Management District [] South Florida Water Management District DEP Form 62-621.300(7)(b), May 1,2003 Page 1 of 6 1. Has another entity, regulated under Chapter 62-624, F.A.C., agreed th implement al...[ of your permit obligations on your behalf? ~-~ Yes ~i~ No If yes, complete Section ll.A.2. If no, skip to Section ll.B. Name of Entity: Contact Name: Trtle: Department: Mail{hg Address: City:. I Zip Code: I County: Telephone Number: E-mail Address: 1. Has another entity agreed to implement one or more of the minimum conl~ol measures (er a component thereof) on your behalf? ~ Yes ~ No If yes, complete Sections ll.B.2, and ll.B.3. (See the note below for an~/additional entities) 2, Control measure(s) or component of a control measure to be implemented by the other entity: Name of Entity: Contact Name: Title: Department: Mailing Address: City: I Zip Code: Telephone Number: E-mail Address: Note: For eac~ ad(~3nal entry sJ,.ari~g stermwater management program responsibilities with you. provide o~ a separate sheet the infoena~3n requested in Sec~ons ll.B.2, and ILB.3. TitJe the sheet "Sec~n II.B: Addifienal Enatles Ictorma§on' and attach it to this NOI. Identify the named receiving waterhodies to which your Phase II MS4 discharges. Include all such watarbediea know~ to you at {he time of this application: Indian River Lagoon S. Prong of St. Sebastian River 62-621.300(7)(b), May 1, 2003 Page 2 of 6 Complete the Phase II MS4 Stormwater Management Program (SWMP) Elements Form in Appendix A for each minimum control measure described in Part VI. of the MS4 GP, except the Post-construction Slormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the permit. If you chcose, however, te imptsment BMPs for the Post-ccostruction measura, please complete a SWMP Elements Form for the measure. Include in the SWMP Elements Form all best management practices (BMPs} currently in place or planned for each element of each minimum control measure. There is no limit to the number of BMPs you may include. Make copies of the form as necessary to accommodate all of your BMPs. The completed forms, in their entirety, wiJJ be considered by the Deparlment to be the outline of your proposed stormwater management program. Attach all completed forms fo this NOI. Provide the total number of pages of SWMP Elements Forms that are attached to this NOI for each minimum control measure: Minimum Control Measure Public Education and Ou~each as to Stormwater Impacts Public Involvement/Public Participation Illicit Discharge Detection and Elimination Construction Site Stermwater Runoff Control Post-construction Storrnwater Management in Now Development and Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations Ct of Paues 2 2 3 3 0 3 Only the following mate~als are to be submitted to the Deparlment along with your fully completed and signed NOI (check the apprepriate box to indicate whether the item is attached or is not applicable): Attached N/A [] The permit application fee, as preesfibed by Rule 62-4.050(4)(d)(6), F.A.C. Make all check and money orders payable to the Florida Department of Environmental Pmtectien. [] A fully completed Phase II MS4 Starmwater Management Program Elements Form (see Appendix A} for each minimum control measure except the Post-construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying altemaEve program optton for this measure under Part X. of the MS4 GP. [] [] Additional entities information, as required under the note in Section ll.B. of this NOI. DO NOT SUBMIT ANY OTHER MATERIALS [such as your comotate Stormwater Manaoement Plan. ordinances. ~,~,~,,~ cc...., mal~. I~ublic oulreach, etc.} The Responsible Authodty listed in Section I.B. of this NOI must sign ff~e following certification staternent.'~ I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly rasponsible for gathering the information, tho information submitted is, to the best of my kno~edge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name of Phase II MS4 Responsible Authority (t~pe or pdnt): merrence Moore Title: C}ty Manager Date: / / Signatory requirements are contained in Rule 62-620.305, F.A.C. DEP Form 62-621.300(7)(b), May 1, 2003 Page 3 of 6 General INSTRUCTIONS FOR APPENDIXA PHASE it MS4 STORMWATER MANAGEMENT PROGRAM (SWMP) ELEMEHTS FORM Instructions Complete this form for each minimum control measure described in Part VI. of the Genedc Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems ("MS4 GP') provided in Rule 62-621.300(7)(a), F.A,C., excact the Peat. construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Par~ X. of the permit. If you choose, however, to implement BMPs for the Post- construction measure, pieaea complete a SWMP Elements Form for the measure. Include ~ best management practices (BMPs) currently in place or planned for each element of each minimum control measure. There is no limit to the total number of BMPs you may include. Make copies of the form as necessary to accommodate all of your BMPs. The completed forms, in their ent~ety, will be considered by the Department to be the outline of your proposed stormwater management program. Attach the forms to the NOI and submit to the Department at the address provided on the NOI. · Please print or type Information in the appropriate areas of this form. Section A.I: MINIMUM CONTROL MEASURE Indicate which minimum contrel measure the BMPs in Section A. ti. address. Checkoniyonemeasure. Use a separate form for each measure. Section A.II: BEST MANAGEMENT PRACTICES Include BMPs only for the measure you have identified in Section ^.1. The Department encourages the use of the Florida Land Development Manual: A Guide to Sound Land and Water Management (FDER, 1988) and the U.S. Environmental Protection Agency's National Menu of Best Management Practices for Storm Water Phase II in developing Phase II stormweter management programs. Both are available f~om the Department. Element ID: Table 1 below includes all the minimum control measure elements required under Part IV. of the MS4 GP. Using Table 1, identity which element of the minimum conb'bl measure each BMP addresses. For example, a BMP addressing the procedures for site plan review under the Construction Site Stormwater Runoff Control Minimum Control Measure woutd be labefed as "4d," You must include at least one BMP for each element. B MP Numbec For each minimum (.~3ntrol measure, number the BMPs sterling with 01 and continue the numbering in sequential order on any additional forms for the measure. The numbeitng of the BMPs is for reference purposes only and does not provide additional weight to, nor prioritize, one BMP over another. Measurable Goals: List the measurable goal(s) for each BMP. You must include at least one measurable goal for each BMP and may include as many as necessary for the BMP- you are not limited to the four lines provided on the form. Schedule for Implementation/Completion: For each measurable goal, include the year each action will be implemented and, as applicable, the interim milestones, complatio~ date, or planned fl'equency of the action. RssDonsible Entitv/Denartment: Include the name of the entity (If other than the Phase II MS4 Operator) or of the internal department (if it is the Phase II MS4 Operator) responsible for fmplementing or coordinating each BMP. Page Numbering Once this lorn1 has been completed for each minimum control measure, place the forms in an order corresponding to the order of the measures in Table 1 (below) and number the forms accordingly at the bottom of each. 62-62.1,300(7)(b), May 1,2003 Page 4 of 6 Table 1: Minimum Control Measure Required Elements DeecrlP"'~n af MinimuroC bntr°l MeaSure Requi~ Elemeets Element ID 1. Public Education and Outreach Minimum Control Measure: la a) Implement a public education program to distribute 6ducational matehals to the community or conduct equivalent outreach activities about the impacts of storrnwatsr discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. 2. Public Participation/involvement Minimum Control Measure: 2a a) Comply with State and local public notice reduimments when implementing a public invelvemnot/public participation pro, mm. 3. Illicit Discharge Detection and Elimination Minimum Control Measure: 3a a) Develop, if not already completed, a storm sewer system map, showing the location of all know~ outfalls and the names and Iocafio~ of all surface waters of the State that receive discharges from those outfalis. 3b b) To the extent allowable under State or local law, effectively prohibit through ordinance, or other regulatory mechanism, of non-stormwater (i.e., "illicit") discharges into the storm sewer system and impiernent appropriate enforcement procedures and actions. 3c c) Develop and implement a plan to detect and eliminate non-storrnwater discharges, includir~.:j illegal dumping, to the MS4. 3d d) Inform public employees, businesses, and the general public of hazards associated with itiegal discha ,r~es and improper disposal of waste. 4. Construction Site Stormwat~r Runoff Control Minimum Control Measure: 4a a) Develop and implement, to the extent allowable under State or local law, an ordinance or other regulafory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to reduce pollutants in any stormwater runoff to the Phase II MS4 from cons~uction activities that result in a land disturbance of greater than or equal to one acre. Reduction of pollutants associated with stcrmwatsr discharges fi'om construction activity disturbing less than one acre must also be included if that construction actJviiy is part of a larger common plan of development or sale that would disturb one acre or more. 4b b) Develop end implement requimmento for construction site opemtore to implement appropriate erosion and sediment control best management practices. 4c c) Devalop and implement requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quaii[y. 4d d) Develop end implement procedures for site plan review that incorporate consideration of potential water quality impacts. 4e e) Develop and imptament procedures for receipt and consideration of information submitted by the public. 4f f) Develop and implemeet procedures for site inspection and enforcemeet of control measures. 5. Post-constr~ction Stormwatsr Managernantin New Developmentand Redevatopment Minimum Control Measure: NOT REQUIRED tF USING QUALIFIED ALTERNATIVE PROGRAM 5a a) Use an ordinance or other regulatory mechanism, to the extent a~cwable under State or local law. to address from post-construction runoff from new development and r~developrcent projects that disturb greater than or equal to one acre, including projects less than one acre that arc part of a larger common plan of devetopment or sale, that discharge into the Phase II MS4. The program must require that con,'als be in place that would prevent or minimize water quality impacts fr~m new development or redevelopment. 5b b) Develop and implement strategies that include a combination of structurel and/or non-structural best management practices (BMPs) appropriate for the community. 5c c} Require adecluate Ion,~l-term operation and maintenance of BMPs. 6. Municipal Operation Pollution Prevention and Good Housekeeping Miniroum Control Measure: 6a a) Develop and implement an operation and maintenance program that has the aitimats goal of preventing or redudng pollutant runoff from MS4 operator activities, such as park and open space maintenance, fleet and building maintenance, new construction and tend disturbances, and stormwater system maintenance. 6b b) Using training materials that are available from EPA, the Department, or o1~er organizations, include employee tminin,~ to prevent and reduce stormwater pollution from MS4 operatcr act~ties. DEP Form 62-621.300(7)(b), May 1,2003 Page 5 of 6 .to CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Middle Stonecme StormwaterRetrofit Project : City Manager T~rre~oore -- Agenda No. OLd, Department Origin: Eng~ Purchasing/Contracting.'. Finance Director: _C!ty Attorney, ' .~.--~ City Clerk: Date Submitled: June 1, 2004 For Agenda of: June 9, 2004 Exhibits: Proposed Work Authorization No. 4 under Stormwater Engineering Contract with CDM. EXPENDITURE REQUIRED: Not to exceed $194,779 AMOUNT BUDGETED: $5,400,000 IAPPROPRIATION REQUIRED: $194,779 JFUNDING SOURCE: Stermwater Utility Bonds SUMMARY Attached is proposed Work Authorization No. 4 under the Stormwater Engineering Contract with Camp Dresser McKee (CDM) to provide engineering services on stormwater projects under the City's Master Stormwat~r Management Plan (MSWMP). This proposed Work Authorization No. 4 is a result of working meetings between CDM and the Engineering Department that have determined scope, schedule, and budget parameters and constraints. The more detailed specific scope of work under this Work Authorization No. 4 to CDM for the Middle Stonecrop Stermwater Retrofit Proiect is attached and is accompanied by a not-to-exceed price quotation from CDM in the amount of $194,779. The Engineering Department has reviewed the scope, schedule, and not-to-exceed quotation and finds the ten'ns to be acceptable and the not-to-exceed pdca quotation to be consistent with the Ci'~'s own fair pdce estimate and within the program budget allocated for same. Continuing work on this project will include ongoing value engineering best efforts and collaboration by all parties to further reduce the actual final cost to a leval significantly below the current stated not-to-exceed price quotation. The scope of work under this Work Authorization No. 4 to CDM includes the engineering services required in the immediata term to meet the program schedule, including the agreed upon outaourolng for surveying, geotachnlcel study, and environmental aeeessroent This Work Authorization No. 4 wm take the subject project through the bidding stage b~t does not inciude any quotation for constmctfon phase services. Budgeted Construction phase servfces will be the subject of additional Work Authorizations at a later date when more detail is available es to construction phase schedule and demands. RECOMMENDED ACTION Move to approve the award of the attached proposed Work Authorization No. 4 to CDM under their existing Stormwater Engineering contract to perform engineering se~ces as outlined within the attached scope of work for the Middle Stonecroo Stormwater Retrofit Proiect and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWM P) and appropriate the funds for a not to exceed price of $194,779 from the Starmwater Utility Revenue Bonds, Sedes 2003. CITY OF SEBASTIAN~ FLORIDA WORK AUTHORIZATION FORM Work Authorization No: 4 Project Identification: Middle Stonecrop Stormwater Retrofit IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated April 6, 2004 : Description of Assignment: Design, permitting, and bidding engineering services services (See Exhibit A) Basis of Compensation/Period of Services: Billing rates with upper limit (See Exhibit B)/ Estimated 12 month duration. AGREED as to scope of services, time schedules, & budget this ,2004: day of CITY OF SEBASTIAN, A Florida municipal corporation By: Te~enceMoore, CityManager (Seal) CAMP DRESSER & McKEE INC. Ale~. Makled, P.E., Senior Vice President Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Kich Stringer, City Attorney StaffApprovals: City Engineer Finance Director General Services Administrator as to project as to budget only as to purchasing & contract adrnin. EXHIBIT A CITY OF SEBASTIAN WORK AUTHORIZATION NO. 4 MIDDLE STONECROP STORMWATER RETROF1T PROJECT SCOPE OF SERVICES PURPOSE This is an attachment to the Engineering Services Agreement for the City of Sebastian Coniinuing Services agreement dated April 6, 2004, between the City of Sebastian (CITY) and the firm of Camp Dresser & McKee Inc. (CDM) and made a part thereof. The purpose of this Exhibit is to specify the required services of CDM to conduct the portions of Master Stormwater Management Plan (MSMP) Implementation requested by the C1TY. BACKGROUNE~. Recently, the CiTY completed an updating of their MSMP. This revision of the MS1VEP included hydraulic modeling of the primary canal system, water quality modeling of the portion of the City tributary to the South Fork of the Sebastian River. The MSMP made recommendations to reduce flooding due to a lack of storage and conveyance in the primary system. The MSMP also made recormnendations to reduce mass loading of nutrients and total suspended solids to the South Prong of the Sebastian River. The CITY and CDM met with the St. Johns River Water Management District (SJRWMD) in a MSMP review meeting and discussed the potential rehabilitation and retrofit of the City's stormwater system to improve water quality treatment and faciJitate maintenance. The proposed improvements discussed in this scope of services are the recommended improvement known as Middle Stonecrop, or Majestic Ditch. The project area and select features are shown on Figure 1. Prior to being discharged into the South Prong of the Sebastian River, the runoff is routed through a recently constructed retrofit stilling basin/wetland area. However, during the modelJ.ng associated with the MSMP, several of the culverts within the alignment of Majestic Ditch immediately upstream of this facility were indicated to flood in the 25-year/24-hour design storm. Thus improvements to the stormwater management system were recommended. During the review of the MSMP, St John River Water Management District (SJRWMD) staff indicated that permitting this recommended improvement may prove to be challenging, due to the recently constructed stormwater facility. Thus the first task in this scope consists of an improvement feasibility study. The present scope and budget for Tasks 2 through 9 assumes that the Middle Stonecrop Improvement will be permittable as recommended in the MSMP. The project is broken into two phases: Phase I - Investigation, Design, Permitting, Bidding, and Phase 2 - Construction Services. The project is described as fo]lows: Majestic Ditch is the end of the primary canal that drains approximately 545 acres of the City area south of County Road 512 (CR512). The northern end of the canal is adjacent to CR512. Currently there is a significant amount of vegetation evident within the canal right of way. modeling associated with the MSMP indicated that several of the culverts along Majestic Ditch were indicated to flood in the 25-year/24-hour design storm. This portion of Majestic ditch is approximately 1800 feet long. The ditch has an approximate top width of 25 feet. The proposed improvement along Collier Canal w/il include excavating the channel, installing seawal/and replacing culverts. SCOPE OF SERVICES The following tasks define the Scope of Services for the implementation of the stormwater improvements recommended for the Phase 1 primary stormwater management systems (PSMS). The tasks include the following services: survey, geotechrfical, stormwater evaluation and modeling, design, permitting, bidding services and public presentation to be completed by CDM. Survey services w/Il be provided by Masteller, Moler and Reed, Inc., geotechnical services will be provided by Dunkelberger Engineering and Testing, Inc. and environmental assessment will be provided by Ecosystem Research Corporation. Phase 2 services for general and resident construction services w/il be determined at a later date. CDM shall complete the following tasks under Phase 1: TASK 1 - PERMIT REVIEW AND CONCEPTUAL IMPROVEMENT In order to ensure that the recommended alternative will be permittable, CDM will make a preliminary assessment of the existing facility. This task is divided into three subtasks, as follows: Subtask 1.1 - Environmental Assessment CDM will prepare a wetland, s assessment report addressing wetlands and other environmental impacts. It is possible that there may be Limited wetland or other environmental impacts in the Project area. CDM will review potential wetland and T&E issues in both the alignment of Majestic Ditch bet-ween Laconia and Stonecrop Streets and the Stonecrop stormwater treatment facility. The ditch will be reviewed with the consideration that the recommended improvement is the "hardscaping" of the side slopes i.e. seawalls. The treatment facility will be reviewed with consideration of the result of the recommended improvement (e.g. higher peak flows). It is noted that the treatment facility has been permitted as stormwater retrofit project. A copy of the SJRWMD permit for the Stonecrop facility will be reviewed for environmental and hydraulic concerns. Subtask 1.2 - Meeting with SJR BrMD CDM will meet with SJ'RWMD staff onsite to discuss potential modifications to the existing permit. CDM will draft a memorandum surmmarizIng project permitability. Subtask 1.3 ~ Review and Refinement of Alternative Based upon the results of these investigations in Subtask 1.1 and 1.2, the improvement recommended in the MSMP will be reviewed and modified as necessary to ensure ermitability. Contingent upon the level of modification made to the recommended improvement the scope and budget for the project will be modified and/or amended as necessary. TASK 2 - SURVEY SERVICES CDM, as part of this scope, will collect the topographic information to design the proposed improvements as listed in BACKGROUND above. A survey of the Majestic Ditch as well as a limited suxvey of the tributary channel will be completed for hydraulic evaluation purposes. The survey services -~tll provide the necessary support to define the extent of the existing drainage easements. The survey will establish a State Plane Coordinate (NAD 83) baseline for horizontal and vertical control, provide cross sections, flag wetlands, locate soil borings, potholes to locate utilities conflicts (up to 10), determine invert/top elevations of utilities within the project area and determine inverts and geometry of selected culverts. The survey services will also include existing rights-of-way and easements. The survey services will be provided by a subcontracting surveyor and are divided into three sub-tasks, as follows: Subtask 2.1 - Overall Surveying Services The following survey work is included in this sub-task: · Research: acquire horizontal and vertical control near the project, right of way map for the Majestic Ditch and existing easements and right-of-ways. · Control: Establish State Plane Coordinate control (Horizontal NAD 83 and Vertical NGVD29) as monuments at the project area for up to fottr (4) points. · Wetland jurisdictional location: Locate and map the wetland flagging placed by CDM. Up to 75 flags are estimated for budget purposes. · Locate all utilities within ditch ROW. · Project documents will be produced and submitted to the CITY in an electronic format compatible and acceptabl~ to the CITY (i.e., AutoCAD and Microsoft Word) Survey work shall meet the requirements of Chapter 472, Florida Statutes, and Chapter 61G17-6, Florida Administrative Code. The surveys shall be signed and sealed by a Surveyor and Mapper registered in the State of Florida. Survey information will be recorded in a field book, which must be submitted upon request and/or at the end of the Contract. When a data collector is used, the Surveyor shall submit a paper copy of the raw data files bound in a book, together with the electronic copy on a disk. Design Survey computations shall be documented in a Design Survey Computation Book, which shall be submitted to the CITY with the Survey Field Notes upon request and/or at the end of the Contract. Subtask 2.2 - Route Surveys This work effort will be conducted on project area as described in Section II above, as follows: There will be up to twenty (20) canal cross sections required. These cross sections include rd_ne (9) in Majestic Ditch beginning at Laconia Street and every 200 feet downstream, nine (9) in tributary canal upstream of Laconia Street and one (1) in the channel downstream of Stonecrop Street (leading to st~ing basin). The cross sections will include: both tops of bank and interior points (maximum of 3 to 5) to describe the channel shape, and one elevation point 20 feet landward from each top of bank. · Locate up to 16 soil boring sites along Majestic Ditch. · Baseline survey will be shown with sufficient geometry, monumented, and referenced in the field. · Up to 75 spot elevations to define the topography of the wet detention/wetland treatment area. The survey will be provided on the record drawing of this area in electronic format. Subtask 2.3 - Right-of-Way and Topographic Survey Maps Tlxis item of work involves preparing existing and proposed right-of-way maps for the Project Area. Existing right-of-way maps will show survey base line geometry tied to adjacent property owners' lines and right-of-ways and easements e~xisting over the project. Right-of-Way maps and Topographic Survey wili be delivered on 24 inch x 36 inch sheets at 1 inch = 20 feet scale as pIan and profile showing property lines, drainage and utilities easements, plotted line work, utility locations, topographic survey, baseline of survey and monumentation. · Up to four construction and temporary easements descriptions. TASK 3 - GEOTECHNICAL SERVICES CDM wilt retain a qualified geotechnical investigation subcontractor to conduct test borings and geotechnical laboratory testing. The geotechnical investigation will provide an overview of conditions in the project area to help define the geotechnical limitations of the proposed stormwater improvements. The sub-surface soil investigation shall include soil borings along the edges of Majestic Ditch. Esffmation of the seasonal high water table will also be provided as part of the sub-surface soil investigation. The geotechnica! services that will be performed in the project area include conducting test borings and geotechnical laboratory analyses, and providing geotechnical and design recommendations to support the stormwater improvements and other elements of the project. The results of the geotechnical analyses will be documented in a report containing the following subtasks: Subtask 3.1 - Data Collec~on This task includes the collection of the geotechnical information to be used in subsequent subtasks. Soil borings and testing along both edges of Majestic Ditch (maximumof 16 sampling sites), to provide geotech~cal information to aid in the design of the proposed seawalls. The testing will include: S1~, sieve analysis, organic content. Subtask 3.2 - Geotechnical Report This task incIudes the reporting of the findings determined from the data collection and will include: · Presentation of the field and laboratory test procedures used. Description of subsurface conditions, including subsurface profiles, and estimated geotechnical engineering properties to design seawalls, modification of existing channel cross sections and spoils containment facility (with berms). TASK 4 - H~YDROLOGIC, HYDRAULIC, AND WATER QUALITY EVALUATION CDM will use the ICPR (Version 3.02) hydrologic/hydraulic model developed for the City of Sebastian's Master Stormwater Management Plan (CDM, 2004) mad modify the model (based on latest available survey) to develop the recommended alternative. The evaluation will consist of the following subtasks by CDM: Subtask 4.1 - Refinement of Hydrologic Representation The area tributary to these two canals is approximately 545 acres and consists of 22 hydrologic units in the existing stormwater model. In order to provide a more refined representation CDM will subdivide up to five existing hydrologic units, in addition to the refinement of the hydrologic units, the curve number and time of concentration will be recalculated. Subtask 4.2 - Refinement of Hydraulic Representation In the ICPR model, the ex~sting representation of Majestic Ditch and the channel upstream of it will be updated with the obtained survey. This will include up to 20 channel cross sections. Subtask 4.3 - Simulation of Existing Conditions CDM will simulate the mean annual, 10-year, 25-year and 100-year S~RWMD design storm events of a 24-hour duration. CDM will also quantify the level of water quality treatment currently being provided by the existing treatment system using the Watershed Management Model (WMM) in terms of relative annual nonpoint source pollution load reduction in tabular format. The evaluation will consider runoff volumes, peak stages, flows, and velocities within the project. S~btask 4.4 - Simulation o)~Proposed Conditions CDM wifi use the modified existing conditions model to represent the proposed modifications to Majestic Ditch end potentially the treatment area. These modifications will include: design channel cross-sections, design culvert replacement and proposed modification to the treatment area. CDM will also quantify the level of water quality treatment as equivaIent volume of live and permanent pool that will be provided by the proposed modifications in this portion of the CITY. The modifications will be based upon the conceptual design as defined in Task 5 below. Subtask 4.5 -Model Evaluation Report Section CDM wffl document the results of the modification of the existing and proposed condition models. This documentation will include ddscussion of curve number and time of concentration calculations, refinement of hydrologic representation, refinement of hydraulic representation, a tabular comparison of peak stages by nodes and flows at the ouffall and a discussion of the proposed conditions. ~ This documentation will provide the basis of the permit application package to be submitted ta the SJRWMD as described in Task 6 below. TASK 5 - ENGINEERING ANALYSIS AND DESIGN CDM will prepare construction plans for the recommended improvement. CDM will prepare 24 inch by 36 inch plans (71 inch = 20 feet). The Canal and ditch work will be shown on plan and profile drawings. The seawall will also be shown on the plan and profile drawings for the Majestic Ditch. CDM will work with CITY staff to accommodate the proposed improvements within the limited space to the extent possible without impacffmg adjacent properties and/or identified utilities. The proposed improvements, as outlined in BACKGROUND above, consist of modifying the existing canal's cross section, adding seawalls and replacement of the existing culverts. Subtask 5.1 - Conceptual Design CDM will prepare a conceptual design (30 percent complete) for the project for review by the CITY. The conceptuaI design will be developed in conjunction with the Hydraulic Evaluation in Task 4. Ttds will be done to determine the most cost effective design, which will meet the water quality, water quantity, and permitting ok~ectives of this project. The conceptual design will consist of typical layouts, typical cross sections and typical details that will be used m the final design. The conceptual design, will also include a conceptual cost estimate of the improvements required for the entire system to allow planning of potential phasing of the capital expenditures. Subtask 5.2 - Contract Drawings CDM will prepare plans for the construction of the proposed modifications for Majestic Ditch. CDM will submit 30, 60 and 90 percent plans to the CITY for review. This task includes two (2) review meetings with CITY staff at the 50 and 90 percent design milestones. Each design milestone will include an opinion of the construction cost of the proposed improvements (Sub- Task 5.4 below). After the 30 percent design milestone has been reviewed and approved by the CITY, CDM will incorporate comments and continue preparation of design documents for the project. At the 90 percent completion stage, CDM will provide a constructability review of proposed improvements and update the hydraulic modeling as necessary. The construction plans will consist of plan sheets listed in Table 1 below and include the performance of specific work and preparation of details and documents as follows: · Plan and Profile drawings at 1 inch = 20 feet of improvements · Geotechnical Data · Access road details (ff necessary) · Maintenance of Traffic Stormwater structures rnh1613,doc · Sheet pile layout and details · Culvert replacement and details (ff necessary ) · Foundation details · Typical Sections · Cross Sections · Utilities relocation (if necessary) · Erosion control FDOT Roadway and Traffic Design Standards (2002) and Standards Specifications (2004) will be used. These will be modified as recommended by CDM with CITY approval. Table 1 describes an approximate sheet count for the construction plans: TABLE 1 SHEET DESCRIPTION NUMBER OF SHEETS , reviations, Symbols and General Notes Index/Key 1 Ditch Typical Sections 1 Plan and Profile - Majestic Ditch and Erosion 3 Control and Utilities~ Structural Details 2 Stormwater Structures 1 Details 3 Miscellaneous Structures 1 TOTAL 14 (1) Minor utility adjustments, if necessary. CDM will submit 30, 60 and 90 percent plans to the CITY for review. This task includes two (2) review meetings with CITY staff at the 50 and 90 percent design milestones. CDM will submit three (3) copies of 11 inch x 17 inch (half sizes) FDOT format at each scheduled design milestone for CITY review. The CITY's review comments will be incorporated into the fJ_rml construction documents (plans and specifications) as mutually agreed upon. CDM will furnish one reproducible set of final construction documents to the CITY prior to bid advertisement. TI~ design does not include provisions for the permitting or design of a mitigation wetland required for any wetland, which may be impacted. Subtask 5.3 - Contract Specifications CDM will provide contract specifications to the CITY for review. Edits agreed upon by CDM and CITY w~ill be incorporated. Sufficient specification will be provided for the construction of the proposed improvement. Subtask 5.4 - Probable Construction Cost Estimate CDM will provide an engineer's opinion of the probable cost of construction for the project at the 30, 60 and 90 percent completion milestones and prepare a final opinion of the probable construction cost estimate at the completion of the design. mh1613,doc Subtask 5.5- Quality Assurance/Quality Control CDM will hold a QA/QC review of the proposed modifications to Majestic Ditch with the CITY. This review will consider, at a minimum, constructability and regulatory considerations. Subtask 5.6 ~ Project/Program Management Th. is task will consist of project management, coordination of project, invoicing, and the generation of monthly project status reports. TASK 6 - PERMIT ASSISTANCE CDM shall prepare and submit permit packages to the St. ~ohns River Water Management District (SJRWMD) and United States Army Corp of Engineers (USACE) for their review and approval. CDM will provide permit assistance to the CITY. For this Scope of Services, it is anticipated that a joint Environmental Resources Permit (ERP) will be required from the SJ-RWMD and USACE. Subtask 6.1 - Meetings with the SJRWMD and USACE CDM will meet with representatives of the SJRWMD and USACE to discuss the objectives of the overall project and to clarify the level of permitting needed for the proposed channel improvements. A total of t~ro meetings are estimated for budgeting purposes. Subtask 6.2 - Permit Application CDM will prepare and submit an Environmental Resources Permit (ERP) package application to the SJRWMD and USACE and respond to up to two Requests for Additional Information (R/LIs) to clarify information in the permit application package. CITY will pay all applicable permit fees. The following elements are typically required in the ERP application: · Brief report of project · Basin delineation · Peak flow quantities and analysis (25 year & 100 year-24 hour storms) · Construction sequence or phases (if applicable) · Proposed construction layout · Construction techniques · Stormwater treatment and control tecbaniques · Wetland delineation and potential mitigation · Construction plans TASK 7 - BIDDING SERVICES CDM shall provide services to coordinate and facilitate the beginning of construction. CDM shall assist the CITY in preparing bid documents. All construction specifications shall refer to FDOT specifications. CDM will prepare Special Provisions and Technical Specifications for items not covered by FDOT specifications. CDM will attend the Pre-Bid Conference. CDM will assist in answering questions of Bidders and in issuing addendums that are required. Up to two addendums have been budgeted. CDM will assist the CITY in reviewing the bidders and bids and in making a recommendation for award to the CITY. As part of the recommendation, CDM will conduct an investigation of the apparent Iow bidder and provide a written recommendation to the CITY regarding the lowest responsive bidder. TASK 8 - PUBLIC PRESENTATIONS CDM will assist the CITY by attending up to two (2) public information meetings to be held at a time and place to be determined by the CITY, CDM will make presentations relevant to the design and affect of the improvements on the community and property owners. CDM will answer questions from the public regarding the project as given by citizens or interested groups. CDM will provide a written summary of the meeting minutes. PHASE 2 {Not included in this Work Authorization) TASK 9 - GENERAL AND RESIDENT SERVICES DURING CONSTRUCTION CDM will assist the CiTY's engineering representative during the course of the construction project. CDM will perform General Services during construction including correspondence with the Contractor, shop drawing review, reviewing requests for clarification, performing site visits and reviewing pay requests by the Contractor. CDM will also perform full or part time resident inspection of the project during construction. The estimated length of time for construction of this project is estimated to be 12 months. This task has no~ been considered in the budget at this point in time. A separate scope of services and budget for this task will be provided in the next phase of this project. SERVICES NOT INCLUDED Ttxe current scope and budget have not considered the following tasks: · General and Resident Inspection Services during Construction · Development of a mitigation plan for any potential wetland impacts · Development of detailed Threatened and Endangered Species (T&E) survey and mitigation effort for potential T&E impacts SCHEDULES AND TIME CONSTRAINTS This project shall be commenced upon approval by City Council. CDM will endeavor to complete this work in twelve (12) months from the date of the Notice to Proceed. COMPENSATION A project budget is attached. The budget outlines the levels of effort fox each subtask by labor category. CDM will invoice monthly based upon services provided. b ZZ~ VINOD'¢'I HO~ OF ~HCA~ ~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Change Order #1 to Extend Current Contract Until September 30, 2004 k~rMoved for Submittal by: anager . AgendaNo. 0L~. i ~',5 Purchasing/C ontracfing~--~/)~/. Finance Director.;_ ~'~ CityAtto2ey: ~-~- -- .17~ity Clerk. ~ Date Submitted: June 1, 2004 For Agenda of: June 9, 2004 Exhibits: Change Order #1 EXPENDITURE REQUIRED: AMOUNT BUDGETED: $ 9,950.00 $9,950.00 APPROPRIATION REQUIRED: FUNDING SOURCE: Stormwa~r Utility Revenue SUMMARY The present contract with Applied Aquatics for weed control spraying services expires in June. The comractor has agreed to extend the contract with no increase until September 30, 2004. The extension of the contract until September will allow the contract to coincide with the fiscal year budget. The funds were budgeted in the 2003/04 budget and reflects no increase in the budgeted funds. Bids for a new contract will be solicited in August of 2004 and awarded to commence concurrent with the fiscal year 2004/05 budget. RECOMMENDED ACTION Move to approve Change Order #1 for the extension of the contract with Applied Aquatics until September 30, 2004 for weed control sprayin~ services subject to the terms and conditions of the original contract. FJOM~ Of FrE, LICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER#: #1 PROJECT NAME: Aquatic Weed Control CONTRACTOR: Applied Aquatic PHONE #: 1-800-408-8882 ADDRESS: P.O. Box 120533 CONTRACT NAME: Aquatic Weed Control Eagle Lake, FI 33839 CONTRACT DATE: June 7t~, 2001 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows Extension of Contract Till September 30t~ 2004 Note: This is Change Order #1 to the Current Contract A) CONTRACT PRXCE PmOR TO THIS CHANGE $ NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 9,950.00 NEW CONTRACT PKICE INCLUDING THIS CHANGE ORDER $ 38350.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NDMBER OF DAYS) 122 NEW COMPLETION DATE INCLUDING THIS CHANGE 9 MO. 03 DAY 64 YR AGREED: CONSULTANT: CITY OF SEBASTIAN: Authorized Signature Date: __ Date: Anorevals Bv City of Sebastian: City Engineer ~,~____~ as to engineering Finance Director as to budget as to legal -- as to contract/procurement City Atturney Genernl Ser~ces Admin. Authorized City Manager ATrEST: Sally A. Maio, CMC, City Clerk CITY OF SERASTIAN AGENDA TRANSMlq~FAL Sublet: Sole Source Purchase of Ra~io Equipmemt ~nager ~-m-~nce~oore AgendaNo. Od-[. [5~ Department p~g4u: P~ce De. avid J. Puscher ?urchasin ff:o t acting: Finance Director: City Attorney: City Clerk: Date Submitted: May 24, 2004 For Agenda of: June 9, 2004 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: $9,972.00 $10,000.00 Extraordinary purchase certificate (sole source) and price quote. APPROPRIATION REQUIRED: SUMMARY Replacement of ageing portable radios and ancillary associated equipment. All radios are on a replacement schedule due to age and concerns of poor reliability. Communication International Inc. is our radio contractor and the sole source for G. E. radios in the known region. RECOMMENDED ACTION Move to authorize the purchase of the radio equipmem as submitted at a cost of $9,972.00 CITY OF SEBASTIAN PURCI~SING EXTRAORDINARY PROCUREMENT CERTIFICATE · 511412oot, DATE: TO: PURCNASING DEPARTMENT FROM: LT. R. ~ DEPARTMENT: r(z~ TYPE OF PROCUREMENT: SINGLE SOURCE ITEMS OR SERVICES REQUIRED: EMERGENCY PROPOSED VENDOR: J~~R ExCEpTION TO NORM_AL PROCUREMENT PROCEDURE: CERTIFICATION OF A VAiLABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Supplier of the goods/services requested is the sole source supplier, or (2) the Department has an urgent need, on an emergency basis, for the purchase of the goods/services and the emergency is such that ad~y through the u~q~.se of normal competitive procurement methods to acquire such good/se~ic~ wou~ot~b6in t~e pu/~'s best interest Depm tment ~ad S~gnamre - Approved: ~J[~ Disapproved: City M~nzger Purchash~ CiV/Mawger 02/13/2~04 ~1:8~ 15~15~72292 PAGE ~MMUNICATION$ INTERNATIONAL, INC. 1 $ HTTi$0SglX ~150 p,~able 8earn I $1,350.011 $4,050,00 e 3 ~CHgE ~d C~ $8~a~ 8 ~ V2-10156 0~0 ~ ~c wi~ cog ~ ~d ~ $169.5~ $S0g.77 ~ i~ a qou:e ~ ~e 71~P p~It looks I Premued bi,' [ Dir, lc Blair { Pri~ k ~filxt for 30 DAYS I)1{0422 In&an ×%.. 0Re~sable I~e~ou~ce ~Board o£ Dir~tvrt : Dabbt~ ~er~r ~ Contgl~o DaSd Un~r. rme Ci~ ofF. Imam City of $~ba~ia~ Mayor Walter Barn~ Indian ~ Caunty Art N~l~r~r T~-l-~2~g Moore City o£ 5~ba.m~- 1225 Mni~ Stl~ Soba.~i~n. FL 329:58 Dear Mr. Moore: Th~nlr you for mevti~£ with me rout Carolyn Corem mgardiag Keep ~rtin~ River Beamiful's need for now off:me ~pace. As v~ discussed, Keop Indian River B~,~'/ful ¢an~tly ocoupies 3,000 square fe~t of space which th~ City of Vero Beach has geaerously 1~ us use for ov~r five years. Unfomma~ty, this land will be the site forth, County's now offie~ ia the near future. Th~oforo, I~ !~tlian River Beautiful would like to rn~ke a pr0se,a~iou to Seba,~n's City Come/1 in April to ask that our uxga~i~ntion be considered as a new l~n~nt for on_~ of the amxoxes which will bo vaemed when Seba~an's now City Hall is eomplet~ later flais year. Keep Indian River Beautiful is ani .mpormnt assetto our coumy. Some of our greatest accomplistou~nts ~hi.q past year with, of course, the help of'6,185 volu~or hours, included: The remomt of 44,375 pounds (more than 22 tom) oftrush Ping--om/exhibits at 76 school~, revivals, meffdngs, ~ial eveqal~, and Dodger games to spread the word about recycling and ~ prevention to 36,569 people of all The recycling of 3,150 plastic bottles and 2,200 aluminum cans and proper disposal of 3.5 tons of trash at the Pelican Island Wild!i~ Cont~rmial Ce~brafioa The disbursement of reusable mm~riah from the 3Rz Center to 752 lmch~rs to lxmefit 37,271 ~ The collection and dis~n'bution of 770 pounds of ¢lo~hingto needy people (Samaritan C,at, r, Dusie Hope C~ater, CamNet and ESOL smd~axs). Our ~ is v~y limited at our cun'~t location so sea. ring haw space as soon as possible is ~a'tr~mely impormm We would gr~fly appreaiate the oppommity to ,-~¢ a presoai~on to the C/ly Coun~ in April. Since our or?nlrafiou star~ ia Sebastian. it would bo like goming home To relocat~ thom. We look fomard to lmar from you ia the near f'umre. P.O. Box 973. Vexo Beach. FL 32961 'PHONE: (772) 9784)722 FAX: (772~ 978-0432 EMA1L: Ke~IRB~ntiful~taol.~m CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Emergency Services Contracts ~m!.al by: City Manager Agenda No. (~, I.~ t Department Origin: General Services Purchasing/Contractlng~ City Attorney: ~-~ ~-~ City Clerk: ~ j~ Date Submitted: June 2, 2004 For Agenda of: June 9, 2004 Exhibits: Charlotte County Board of County Commissioners Agenda Item Summary, Charlotte County Emergency Debris Management Services Contracts and Martin County Agreement for Disaster Response and Recovery Services, Renewal Agreements and Contractors letters of acceptance. EXPENDITURE REQUIRED:IAMOUNT BUDGETED: APPROPRIATION N/A ] N/A REQUIRED: None SUMMARY In preparing for the hurricane season,. Staff~ had the opportunity to review severalEmergency Services Contracts entered into by other governmental entities in the State of Florida specifically the ones executed by Martin and Charlotte Counties Both Mamn and Charlotte Counties went through a Request for Proposals process whereby the responding firms were evaluated and ranked, and contracts were awarded as follows: Martin County awarded a contrac~ to: Charlotte County awarded contracts to: 2. 3. 4. DRC, Inc. Crowder-Gulf Ashbritt, lnc Gmbbs Emergency Services Asplundh' Environment al Services Since at this time, without knowing any specific details or conditions, it is impossible to predict the magmtude, consequences or resources needed in the event of a natural disaster, therefore, it seems prudent to have contracts with several fa-ms to insure coverage in an emergency. Staff recommends to piggy-back Martin and Charlotte County's contracts and enter into agreements with all the above firms. Staff will interview all the firms and establish the order of preferred response if an event takes place. All firms have indicated that they will extend to the City of Sebastian the same terms and conditions of the contracts with the respective count/es. Although C_nubbs Emergency Services has presently a contract with the City, by executing this piggy-back agreement they will be, like the other firms, under contract with the City until December 31, 2008. RECOMMENDED ACTION Move to authorize Staff to execute piggy-back agreements with DRC, Inc. subject to terms and conditions of Martin County Contract for BID# RFP 138-01, and with Crower-Gulf, Ashbritt, Inc., Grubbs Emergency Services, and Asplundh Environmental Services subject to terms and condition/s~ff~f'~ Charlotte County Contract 2003000207 for Emergency Services on an as needed basis. / , \lc) ) · . AGENDA ITEM: ~b~rlotte County Boar~ of County C~Sioners Agenda It~. $. ....... 1. DEPARTMENT MAKING REQUEST/NAME/EXTENSION: 2. MEETING DATE: Purchasing Department I Kimberly A. Corbett / x1526 June 10, 2003 Emergency Management I Wayne Ballade / 505-4621' 3. REQUESTED MOTION/ACTION: Recommend the ·Board to: a) Award RFP 03-207 Emergency Debds Management to the firms in the following descending order: Crowder-Gulf of Theodore, Alabama; AshBriff, Inc. of Pompano Beach, Florida; Grubb$ Emergency Services of Brooksvifie, Florida; and Asplundh Environmental Services,. Inc. of Fairhope, Alabama to establish pre-qualified Contractor(s) to assist Charlotte County in the management of debds resuti~ng from a catastrophic event; and b) Authorize the Chairman to sign the contracts. 4. AGENDA B. ]$ THIS ITEM BUDGETED (IFAPPUCA~4E): Ya=_ #o. tL II=tVO,,,~I'.4TEACT~ONREQUIRF~ CONSENT__X BUDGET ACTION: NO BUDGET ACTION NECESSARY. REGULAR FINANCIAL iMPACT SUMMARY: CONTRACT WILL BE ON AN ."AS NEEDED BASIS" AND ANY PRESENTATION EXPENDITURES INCURRED WILL RE REIMBURSED TO THE COUNTY BY TIlE FEDERAL EMERGENCY TIME REQUIRED:__ MANAGEMENT AGENCY (FEMA) DETAILEDANALYSISATTAcHED? Y~__ NO ~ * BUOGETOFRCER T; ~.~ 6~ BACKGROUND: (WHY IS THE ACTION NECESSARY,, AND WHAT ACTION WILL SE ACCOMPUSHEDJ This request for proposal was to establish a list of experienced and qualified firms and vendors to assist Charlotte County in the management of debds resulting from a catasffophic event. It Is prac~ce In most counties throughout the State of Florida to establish pre-positioned contracts with multiPle debris management firms in order to ensure continuity of operations in a post-dIsaster scenario. This request for proposal was also to establish a ranking of those firms and to establish pre-need pre-positioned contracts with each selected firm for debris project management in a post-disaster situation. Debris project management shall include but not limited to large scale debris removal, separation, staging, and disposal; demolition work, constrUction end demolition debris removal; hazardous waste handling; lrea trimming, erection, stump grinding and removal; marine salvage oPerations; sand removal from roads, straets, and fight-of-ways; beach sand screening and replacement, and emergency berm construction. Although this contract shall not be considered exclusive and the County retains-the right to obtain similar services from additional Contractors, the Contractor may he called upon throughout the year to render services to assist.the County with special needs and events for other than full-scale disasters. The Professional Services Committee consisting of Shane Stovall, Emergency Management - Plans & Operations Supervis0~, James A. Thomson, Director of Environmental Services; R. Alan Holbach, Public Works - Maintenance & Operations Manager;, Michael Dallenbach, Maintenance & Operations - Road Superintendent. Rankine Prooeaal Score .- Crowder-Gu fi 373.9 AshBritt, Inc. 334.0 Grubbs Emergency Services 321.6 Asplundh Environmental Services, Inc. 300.9 7. RECOMIWENDEQ APPROVAL AND DATE (YES & NO BLOCK INDICATE IF APPROVAL IS/IS NOT REQUIRED) DIRECTOR OF PURCHASING BUDGET OTHER COUNTY COUNTY EMERGENCY MANAGEMENT DIRECTOR OFFICER ATTORNEY ADMINISTRATOR YES X NO YES X NO YES X NO YES NO X YES__ NO~,~... YES X NO -- APPROVED -- DENIED -- DEFERRED DATE TO BRING BACK; -- OTHER SPECIFY: · ° AGENDA ITEM: 1. DEPARTMEN~ MaK~N; REQUES~NA~EIE)~ENslON: 2. ~ DA~: ~E~AT~H ~URRED ~ gE REIMBURSED ~ ~ ~u~ ~ ~E FE~ ~R~ OtRECTOR OF PUR~ASI~ ~T O~ER ~ ~N~ O~ECTOR ~FI~R A~ORNEY YE$~ NO YES~ ~ YES~ NO YEa_ ~ YM~ NO YES~ NO ~ DEFE~ DA~ TO B~HG ~C~ O~t-Za-03 11:Z~ Froa-Martin Cou~, Purcha~[n~ ??Z 288S414 T-841 P.OO1/O03 ;-~97 Martin Co~mty Board of Co-nty Commissioners 2401 SE Monterey Road Stuart, FL 34996 To: Mx. Robert Isakson~ Managing Director Fax #: (251) 343-5554 Froxn: James Pritchard Dept: ASD- Purctmsing Phone #: (772) 288-5510 F~ #: (772) 288-5414 Date: 10/28f03 Time: 10:10 am ] Total Pa~es: I 3 1VIx. ts~lr~on, Please find attached a copy o£the renwal letter ~er out Bid RFP ~138-01 - Agreement for D~aster Response and Recovery Services. Sign mud return by fax if it is your intent to Our records had no~ been updated and the renewal letter was first mailed to Thomas Rav_~n Jr. on 10/16/03. Last evening I called DRC, Inc. a~d spoke to Mx. Parsons and was given the correct irfform~tion. James Pritchard Senior Buyer O;t-ZS-03 11:ZZ Frm~-~=rtin C=u¢*,)Purchasin~ ?72 Z885414 T-841 P.QGZ/003 F-gg? 1VIAI TIN' COUNTY BOARD OF COUNTY COMMISSIONFA1S 2401 S.E. MONTEREY ROAD~STUART, FL 349~6 M K::HAEL DITEP~ r,~'"~ October 2'7, 2003 F~le: asp04-1.015 Mr. Robert Isakson, Managing Director DRC, Inc. 740 Museum Ddve Mobile, AL 36608 RE: Bid #RFP 138~O1; Agreement for Disaster Response and Recover~ Services Dear Mr. Isakson, The referenced contract for Disaster Response and Recovery expired on September 4, 2003. The contract contains provisions for renewal options if both parties are in agreement and there are no changes to the terms and conditions. Price escalations may be approved with written justification and if a market .survey indicates an increase in the industry. Martin County would like to renew this contract for the next twelve month period beginning September 5, 2003 through September 4, 2004. If DRC, Inc. is in agreement, please sign the attached renewal form and return tc the Pumhasing Division by November 3, 2003. (Please include all documentation and justifications if you are requesting price escalations.) If you do not wish to renew this contract, please indicate in the space provided and return to the Purchasing Division no later than November 3, 2003 so that we may begin the bid process in time to have the contract in place as soon as possible thereafter. Your cooperation is sincerely appreciated. Please do not hesitate to contact me at (772) 288-5509. Sincerely, _Betsy L..f~rson /f / Purchasing Administrator-" 0,ct-26-03 11=27 From-Martin Cou.t¥ Purchasing ??2 2886414 T-641 P.003/063 F-997 CONTRACT RENEWAL ANNUAL AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES BID ~RFP 138-01 DRC, Ino. does intend to renew the conb'act for Disaster Response and Recovery Services (BID #RFP 13.8~1~rnsa~, additional twelve month psdod beginning September 6, 2003 with the same Auth~ri;~ed Sig nat~.l~e. , Date DRC, Inc. does not intend to renew the currant contract for Disaster Response and Recovery Sewices for the following reasons: Authorized Signature Date DRC, Inc. Construction and Disaster Services - Worldwide 740 Museum Drive · Mobile, Ahbama 366~ 1-888-721-43'/2 · 1-2S~-343-3~81 · FAX 1-251-343-55~4 October 29, 2003 Ms. Betsy L. Iverson Purchasing Adminiatrator Martin County Board of County Commissioners 2401 S. E. Monterey Road Stuart, FL 34996 VIA FACSIMILE Fax: 772-288-5414 Ph: 772-288-5509 RE: File: asp041.015 Bid #RFP 138-01; Agreement for Disaster and Recovary Servioes Dear Ms. Iverson: Enclosed is a copy of the Annual Agreement for Disaster Response and Recovery Services Contract Renewal wherein we have executed the portion that indicates that we do request a renewal of the contract You~ confidence and trust in DRC is appreciated, and we look forward to working with you and the response to any natural disasters ~h~ may occur in the coming year. We all pray to the good Lord that this is not required, but if so; we stand ready to assist. RJI:jcb cc: Joseph F. Myers Martin County File CONTRACT RENEWAL ANNUAL AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES BID #RFP 138-01 DRC, Inc. does intend to renew the contract for Disaster Response and Recovery Services (BI[ #RFP 13.8-0~r~.. addRional twelve month period beginr~ing Septeml:mr 5, 2003 wi~ ~he sm'n~ DRC, Inc. does not intend to renew the current contract for Disaster Response and Recover. Services for the following masons: Authorized Signature Date This Purchase Order Agreement for Goods and Services ("Order") bearing a PO Number of TBI and a Con~ract/Bid Number of RFP 188-01 is dated ~~_, by and between Martin County Board of County Commissioners ("County~) and DRC, Inc. as contractor/vendor (hereinafter referenced as "Contractor"). County desires to purchase certain works, goods and services hereinafter collectively services, as more specifically set forth in Exhibit A attached hereto and made a par~ hereof from Contractor on the terms and conditions set forth herein, and at the price set forth in Exhibit A attached hereto and made a part hereof, and Contractor desires to sell such goods and services to County on the terms, conditions, and price set forth herein. This Order constitutes a binding contract when signed by the County and accepted by the Contractor, either by execution of this Order, or by commencement of shipment or rendering of services without reservations. Now, therefore, intending to be legally bound, County and Contractor. agree as follows: NOTICE TO PROCEED. The CONTRACTOR shall not commence work upon any Project Worksheet or Request for Services until it receives a written Notice to Proceed from the COLrNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the Services contained in any Project Worksheet. The Contractor shall commence work wi~hln the time frames established in Exhibit A for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise. CHANGES TO PROJECT SCOPE OF WORK: The Contractor and County acknowledge that the specific scope of services included in any individual Project Worksheet does not delineate every detail and minor work task required to be performed by Contractor to complete work in connection with the Project Worksheet. If, during the course of the performance of the Services included in this Order, Contractor determines that services should be performed to complete the Project Worksheet which, in the Contractor's's opinion, is outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Contractor shall notify the County's Project Manager in writing in a ~imely m~nner before proceeding with the services. If Contractor proceeds with such work without notifying the County's Project Manager, such work shall be deemed to be within the original level of effort and associated pricing, whether or not specifically addressed in the scope of work contained in the Project Worksheet. Notice to the County's Project Manager does not constitute authorization or approval by County to perform the work. Performance of work by Contractor that the Contractor deems to be outside the originally anticipated level of effort, without prior written County approval, is at Contractor's sole risk. PRICE: The Contractor's price at the time of performance of the Services will be: a) the price set forth on Exhibit A; and b) when net delineated in Exhibit A, the prices established in the version of the FEMA rate structures applicable when the Contractor is given notice to proceed with specific Project Worksheet(s). Under no circumstances will the price be higher than specified, without the express prior written authorization of the County, as evidenced by a change order to this Order. The Contractor, by June I of each year, shall notify the County in writing of any proposed price schedule changes with justification for each change. The County reserves the right to accept or reject any or all price changes within thirW (30) days. No changes to the price schedule shall be binding unless reduced to writing in a change order signed by both parties. ASSIGN-NIENT/DELEGATION: No right, obligation or interest in this Order shall be assigned or delegated by the Contractor without the prior written consent of the County, without prejudice to County's other rights and remedies. 1 June 2001 PUBLIC ACCESS: The Contractor shall allow public access to all public record documents and materials directly related to this Order in accordance with the provisions of Chapter 119, Florida Statutes. Should the Contractor assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Contractor. RECORDS/AUDIT: The Contractor shall maintain books, records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied and in a format that facilitates and supports FEMA audit and cost verification requirements. The County, the State of Florida and FEMA shall have inspection and audit rights to such records for audit purposes during the term of this order and for three years following the termination of all obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or ci~irns. INTERPRETATION; PAROL EVIDENCE; INTEGRATION: This Order states the entire and final understanding between the parties and no course or prior dealing, usage of the trade, or extrinsic or parol evidence shall be relevant to supplement, vary or explain any term used. The Florida Uniform Commercial Code (Chapters 671-679, Florida Statutes) shall control definitions. All interpretations of this Order shall be governed by the laws of the State of Florida. The acceptance or acquiescence of any course of performance rendered under this Order shall not be construed as a waiver nor shall it be relevant to define or vary any term stated herein. VENUE In the event it is necessary for either party to initiate legal action regarding this Order, venue shall be in the Nineteenth Judicial Circuit for Martin County, Florida, for c]21ms under state law and the Southern District of Florida for any claims which are justiciable in federal court. MODIFICATIONS This Order may be modified or rescinded only in writing, signed by the parties' duly authorized agents. EXCUSABLE DELAYS The County may at its option grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and ts due to causes beyond the control of the Contractor. Such grant must be in writing and made part of the Order. TERM]NATION If either party fails to fulfill its obligations under this Order in a timely and proper manner, the other party shall have the right to terminate this Order by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party falls to correct the deficiency within this time, this Order shall terminate at the expiration of the ten (10) day time period. In case of default by Contractor: 1) uny such termination will be without liability to the County except for completed items delivered and accepted by the County; and 2) The County may procure the articles or Services covered by this Order from other sources and hold the Contractor responsible for any excess expense occasioned thereby. Either party may, at any time during the time period of this Order, cancel this Order for convenience by giving one (1) day's writtan notice. Upon such notice, only work that has been completed at the time of the notice shall be billable and payable. 3uno 2001 D~I.I'VERY TERMS & TRANSPORTATION CHARGES: Delivery is "F.O.B. destination" unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Contractor for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Contractor until the goods are received and accepted by County. Rejected materials will be returned to Contractor at the Contractor's risk und expense. TERiViS: The Contractor shah submit completed monthly payment requests and invoices covering the Services provided during the period covered by the payment request to the person and address designated by the County. Each request for payment shah provide for line item cost identifiable to specific Project Worksheets or material and service requests and be supported with documentation to . support federal Public Assistance Requests for Reimbursements. When the time spans of delivered services on a specific Project Worksheet exceed two or more billing cycles, current and cumulative billing data shalll be shown on the payment requests. The County will pay the Contractor in accordance with the provisions of the Florida Prompt Payment Act. TAXES Martin County is exempt from Federal and State sales, use and like taxes. Contractors doing business with the County shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Seller be authorized to use the County Tax Exemption Number is securing such materials. PURCHASE ORDER & CONTkLACT NLrM~ER PO Number, Contract Number (if applicable) and Project Worksheet number (if appIicable) must appear on ah invoices, packing slips, shipping notices, freight bills, and correspondence concernin g this Order. RESPONSIBILITY The County will not accept responsibility for any goods delivered unless covered by this Order. INSPECTION All goods delivered on this Order are subject to inspection upon receipt by representatives of the County. All rejected goods shah remain the property of the Contractor and will be returned at the Contractor's SIi~pMENT UNDER RESERVATION PRO H I KITED: Contractor is not authorized to ship the goods with any reservations and no tender of a bill of lading will substitute as a tender of the goods. CONTRACTOR NOT TO LI~T WARltANTY: Contractor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this Order void, at the option of the County. Contractor warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the offering document, or to sample(s) furnished. In the event of any conflict between the specifications, drawings, description or sample, the specifications shah govern. QUANTrr~ES Quantities speci~ed in the individual Project Worksheets cannot be changed without prior written approval of the County. Goods shipped in excess of quantity designated may be returned at Contractor's expense. NONDISCRIM-/NATION: The Contractor hereby assures that no person shall be excluded on the grounds of race, color, creed, national, origin, handicap, age, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Order. The Contractor eaH meaSures necessary to effectuate these assurances. 3 Iune 2001 INDEiVINIFICATION/INSURANCE For value received, Contractor agrees to defend, indemnify, save and hold harmless Martin County, its employees and agents against any and all c]~r,s, causes of action, damages, liabilities, and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors or assignees in connection with this Order. Contractor aisc agrees to save and hold harmless Martin County, its employees and agents from liability for infringe- ment of any United States patent, trademark or copyright for or on account of the use of any product sold to County or used in the performance of this Order. Contractor agrees to maintain insurance sufficient to protect the interests of the County, to include but not limited to: 1) Workmans Compensa- tion; and 2) general liability insurance to cover all equipment operations and worksites. PAYMENT AND PERFORMANCE BONDS Within three (3) normal workdays after receiving s Notice to Proceed from the County, the Co~tractor shah furnish the County with a Payment Bond and a Performance Bond in accordance with Florida Statutes Section 255.05, each in the sum of five million dollars ($5,000,000.00). The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. Contractor shall require the attorney-in-fact, who executed the Payment Bond and the Performance Bond, to ,~ to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of this Order, the Contractor shall provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. Each of the Payment Bond and Performance Bond shall be submitted in the forms furnished in Exhibit B. One fully executed copy of each of the Payment Bond and the Performance Bond shall be posted at the Contractor's main work location. The Performance Bond shall continue in effect for one (1) year after substantial completion and acceptance of the Services as a guarantee that the workmanship and materials are free from construction defects. OCCUPATIONAL SAFETY AND HEALTH The Contractor agrees to maintain an Environmental Protection Plan and make such plan available to local, state and federal inspection and review. The Contractor will furnish the County with a current Material Safety Data Sheet (MSDS) on delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Florida Statutes chapter 442, the Florida Occupational Safety and Health Act. Appropriate labels and MSDSs shall be provided for all shipments. Send MSDSs and other pertinent data to Martin County Purchasing Division, 2401 S.S. Monterey Road, Stuart, Florida 34996. PUBLICITy. No endorsement by the County of the product and/or services will be used by Contractor in any way, m~nner or form in product literature or advertising. PUBLIC ENTITY CRI1VfES Puxsuant to Florida Statutes section 287.133(2)(a), all Contractors are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair cfa public bnilding or public work, may not submit bids on leases of real proper~t to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold a~ount provided in Florida Statutes section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "Public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with the State of Florida, any of its depa~-t~ents or agencies, or any political subdivision of the State of Florida, or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. ~ 4 lune 2001 CONTRACT PERIOD This Order shall be binding on the parties for a period o£ twenty four (24) consecutive months from the date of this Order by both parties unless terminated earlier in accordance with its terms. The COUNTY may extend the term of this Order for up to three (3) additional terms of t~velve (12) months each on the same terms and conditions At least sixty (60) calendar days prior to the expiration date of this Order, the County, it its sole discretion may ~ive the Contractor a written notice of its intent to renew this Order under the same provisions as the existing Order. The Contractor shall, within seven (7) calender days following receipt of the notice specified above, indicate its intention to accept the renewal or to decline the renewal of this Order in writing. If the parties mutually agree to a renewal, the renewal shall be accompl/shed prior to the expiration date of the existing order by means of a written amendment to this Order. ADMI~ISTtLATION The County shall appoint in writing a contract sdm~n~rator for t~is contract mud one (1) or more additional persons with the authority to issue Notices to Proceed for federal Public Assistance catogorias of work. All Notices to Proceed shall be written~,minst and reference a specific Project Worksheet. For work originated before the Project Worksheet is written, a complete and comprehensive Scope of Work will be included in the Notice to Proceed. The Contractor shall not initiate workif there is not a Scope of Work provided. AYArLABILITY OF FUNDS This Order is for goods and services related to disaster response and recovery operations. Activation of thi~ Order will occur in anticipation of federal and state Public Assistance funding. Consistent with the requirements for disaster assistance funding, the obligation of the County under this Order is subject to the availability of funds law~tlly appropriated for its purpose by the Martin County Board of County Com~,i~ioners. IN WITNESS WHEREOF, County and Contractor have executed th~ Order ns of the date written above. CONTRACTOR~~~----~ omS DRC, INC. COUNTY: BOARD OF COUNTY COlVlAiISSIONERS MARTIN COUNTY, FLORIDA R'U S BLAC Um EXHIBIT "A" to Purchase Order Agreement DISASTER RESPONSE AND RECOVERY SERVICES The work and documentation to be performed will consist of furnishing all labor, materials, and equipment to accomplish the following types of tasks in the event of a scale disaster that results in an emergency declaration. Annual or bi-annual pre-disaster debris management planning critiques and planning assistance. Permitting, clearing, and/or removing disaster related debris from the public right-of-way, streets, roads canals, lakes and ponds; Selection of most cost effective, permitable debris reduction method(s). Management and operation of temporary debris staging sites and debris reduction sites to accept, process, reduce, recycle incinerate, and dispose of disaster related debris. Provision of certLfied scales at debris sites for monitoring of truck/load weights As directed, demolition and removal of condemned structures and buildings that pose a threat to public health or safety that are related to and resulting from thedisaster event: Tree. trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling and disposal inclua]ug a tree-off program.(leaning or fallen trees on structures) for governmental structures and for individual homes and businesses through a right of entry program Permitting and services necessary for the containment, clean-up, removal, transport, storage, testing, treatment and/or disposal of hazardous, toxic, and industrial and bio-hazardous materials waste resulting from the disaster Hazardous waste recovery and remediation in flooded environments, including canals Removal of sand from roads, streets and rights-of-ways; screening sand and returning clean sand to beaches or other designated sites; Recovery and destruction of dead fish, animals and livestock Environmental damage assessments and recommendations for remediation Coordination with the Florida Division of Emergency Management, FEMA, FDOT, Martin County and other agencies to insure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility. Provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for FEMA and State reimbursement. Assist Martin County in preparation of FEMA and State reports for reimbursement including training of government employees and review of documentation prior to submittal. General procurement and logistics from tents to meals ready to eat, all emergency and support items purchased, managed, warehoused, and delivered Provision of: Portable laundry facilities for emergency workers Temporary housing for disaster workers Portable toilets and shower units, related supplies and maintenance General (temporary) warehousing and support Temporary offices, mobile command centers, accommodations and support Emergency generator services with licensed electrician support to specified facilities Ice, water and or fuel delivery and distribution services Project management services as requested for all categories of eligible disasterrelated work including advising of reimbursement opportunities for disaster reimbursement or funding for losses associated with and not associated with the work o£ the contractor Large project oversight for contractor compliance with Project Worksheet Statements of Work and line item identh~ications ~rom award to final inspection. Ident/~y required/needed changes to the scope contained in individual Proiect Worksheets and assist the county in negotiating changes with FE1V[A and the state. Project sched~l~ug and status/progress reporting. Review aH contractor documentation for consistency, compliance and completeness and require corrections as appropr/ate before submitting payment. Individual project ~nal inspection reports for reimbursement and project closeout. DRC~ Inc. '~I 'ON XV~ 11~1 00:0I (Flfl 12002-8I-i~ 80 'd 'ON XVJ o 1~ will dram dl~._, mmalds md hmnk~ 1sins idmttf~ bY dte 100..i 99; i.~ waste dmtoneot nb~ b anmmplJ~ h acmxdmm~ v~h BO 'c[ 'ON ~:t ~l~t O0:Ot (~ ~ 01~ 19~o.~o, 4o c~311 mi4~ ~ ~00-~;, ltmudom ~mst~ ~mmm clmm ssnd to lie lmidm oF ottm' dmi~ orem ,,~e ~-dbdmm e~pmmlmd dm~ m 6" lm~ Is smblam U'b ~'m dmflUe ImP el6" Im~; OI 'd 'ON X~9 Nd lO:OI ~3, POO~-~I-AVN lWOVMed to the C~oum,7 upoa mmud offt mmum~t m ]~RJO I X~ will mnke a coPY (supported by.ices) pros a hlr nmmmt to cov~ ad~ costs mid a 'ON ~ DRC va~l pm,~ tm~0orary ~ ~ ami s~m~ sYSmms lin' m~ 0 are in~,luded on ~h~ tn~std l~'b~ ~ fund~ W, nit~ corn t~r p,:mmd (mb, b S~O. O00. . Meblim~ m mm- m - mimtimm ~mmmm: hditln a'ma~mry  50 ~ ofl.9' ~h tt~ al 'd 'ON X~fl lid IO;OI 'ON XV:I CERTIFICATION OF PRICING ]~ENEWAI., OF AGREEMEWF. 30 Ton o~ iar~tcr Onu~ ........ _.Hour $170.00 8letup ~ Hour. ~ Bada~t Tm~ HouF · 'n~-Hees - ~eh~e~re ~o .~ ~ ..... Hour $1~0.00 Wha~.L,oeder ~J4 er equiedu~ Ho~ ...$120.~ .... ...... Jolm~ ff44 m'apivdnnt, ~ ...... Hour ~10~ ,,, ... ~T~ ........ ~ ~ ...... ~~ ~ ~ ...... ~ ..... T~~ ~ .. ~-~ ~~~} ........ .... · ~~ '., ~ ~ .... ~ ~ ~ ...... ~ ~.~ .~~~ ....... , ~ ~-~ ,,, ..... ~~ .... ~ ~i.~ 'ON ~d ~ 80:0I ~ ~008-8I-A~ Vim ...... AZ'ION qCKUPYRucK $101.~ DAY' q~;p ~ ~ ~ ............. ~,i~ ~Y H~ ~U~ 4 X ~,. S11~7~ ~Y ~X~ $1~ DAY p~ ~ '" ~.7~ DAY ~* ~ ~.~ ....... ~.~ DAY ~, ~_~ ~ ~ .... ~.~ DAY 8I 'd 'ON ×~ ~d ~0:0! O]fl ~O0~-~I-A~ ~, ~~~~~ $11~ DAY ]~v~ ~ ~,,, 'ON X~H {.icl 30:0I <IH~ ~ .Fnm'F_.crl~ sz~o PAnt ItlOHHAZARDPIKRHOIqNI~D{iCONTAM~'I'iON ......{422.~0 ~ DAY ...... AID STATI0~ ~ DAY' i'RACKItOB4~0ORI~I~q'v'~L,HNI'(am).mYlIOI1R $~ . DAY M ~~y~~~.~8~ ...... M~ DAy ~o ~ ~ ~.~K ~1~ S ~,~ DAY Og 'd 'ON ~H 14d ~O:OI (I~ ~OOZ-ZI-A~ ffA~ 01~*1~ .~, ,.. .... m~. DAY 3"~~ ~ DAY i~'~ ~~~ ...... ~ DAY ~~~~~ ~-~ ,,, ~v Iff ~ ~ SI~ DAY Ii~SC~O~TIOIq' .... COST UmT ~ W~ ~~ ~l~ ' DAY ~ ~ DAY ~W~ ~ '" ~ .... DAY ...... ~ DAY ~_~ ..... " ~ ~Y .FH~~kC E~MIR~ ...... ~ DAY H~.rJ RAI~OS $104.00 DAY DRY ,,, $7.8O ~ ~),ar. 2ox mOPOL~ .... eSZ, O0 aACH ;x4n. 2OXlO0POL~-[~. STl..so ROLL ~RAOS SI-30 F,~t~n [~UCTTAI~' S8.4~ ROLL _ 3'0~At.L~ OVm~AC~"' , .... $1~2.~ nACn ' t'" $170.00 b) Submim~n ~ ~ h~ DS~ hspmi~ c) Wtitut and ~af m mpamM towrnmsm (lffkbls 88 'd 'ON XV~ Sd SO:OI (I~ ~O08-SI-AVW ;'~ 'd 'ON X~.d a"wod~'da~, thru DR~ dun invu~ h* penmnnd at fmr (4) hou~ totd h. both ds~ pu. May 15, 2004 DRC, Inc. Cuuah ud~m & ~ S~r~ices Wctldwi~ 740 Museum ~ ~, Molfilo, Al,~amm 36605 2~1-343-3581 · g50-222-4500 M~. Moore, City Manager City of S~sfian 1225 Main Strut Sg~sti_an, Florida 3295g RE: AGREKMEIqT FOR DISASTER SERVICES Hoaorablo Mayor and City Coancil: The following Agr~ment is sabmittod for your approval: DRC, In~. an Alabama coqxwafian as ~ nndo~- th~ ~rtain ~ for Disast~ ~ Sorvic~s datod Sopte~i~r 5, 2001 with Martin County, Florida. ("Coat~,~t'') hexoby 1) TI~ Contr~ is ~n~el~xl i~oto as Exl~bit I and incorporated horoin by tl~i~ r~f~c~; 2) Contractor will l~rfusm tl~ sorvices at ltg pricos all as se~ foRh in Exhibit A ~a~ el~l hore~ and incorporated herein by this roforea~c~ for th~ City of Sebaslian, Florida und~ 3) All x~forextced to Martin Cmmty, Florida in tho Coatt'act shall be deemed to m~an the City of Seba~an, Florida; Seba.~ian. in form satisfactory to the City of Sebastian, Florida; and 5) Tho City of Scbastian~ Florida, will be namod as an addilimml insm'ed an all ofthe types DRC, Inc. CORPORATE SEAL: BY: TITLE: DATE: ACCEPTED: CITY OF SEBASTIAN, FLORIDA, BY MAYOR AND CITY COUNCIL BY: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Emergency Services Contract Page ! ot 2 Jesus M. Vieiro From: Tom Rankin [trankin@Asplundh.com] Sent: Friday, May 28.2004 5:22 PM To: Jesus M. Vieiro Cc: Pam Lee; Sid Vogel Subject: RE: Emergency Services Contract Mr. Vieiro, Thank you for this opportunity to serve the citizens of the City of Sebastian, Florida. It is my pleasure to confirm to you that Asplundh Environmental Services, Inc. will happily extend to the City of Sebastian, Florida the same terms and conditions through a piggy-back contract, found in our current contract with Charlotte County, Florida (referenced below). If you have any questions or require any additional assistance from me or our company, please be at liberty to contact me at the below listed numbers. I look forward to working with you in the future. I also hope that you never find yourself in a disaster situation where you need our recovery services, however if you should, you can rely on Asplundh to respond to your needs. If you find that you are in need of assistance in a non-disaster tree operation, please also consider our company. We brin9 the fu[I nationwide capabilities of the Asplundh Family of companies to the government market. Thank you again for this opportunity. Tom Rankin Executive Vice President Asplundh Environmental Services, Inc. 811 Ashebrook Park Road Dallas, NC 28034 704-922-2992 office 704-922-4838 fax @ trankin@asplundh.com www.asplundh.com/aes.htm This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is responsible for delivering the message to the intended recipient, or the employee or agent is responsible for any dissernmation, distribution or copying of this communication is strictly prohibited. If you have received this colnmumcation in error, please notify us nrnmediately by telephone or the above e-mail address. ..... Original Message ..... From: Jesus M. Vieiro [mailto:jvieiro@cityofsebastian.org] Sent: Thursday, May 27, 2004 5:31 PM To: 'trankin@asplundh.com' Subject: Emergency Services Contract 6/:L/2004 Emergency Services Contract Page 2 of 2 Dear Mr. Rankin The City of Sebastian has been researching various Emergency Services Contracts entered by other governmental entities in the State of Florida and we have in our possession both the RFP put out by Charlotte County, Florida, in which Asplundh Environmental Services was a respondent, and also the Countywide Emergency Debris Management Services Agreement entered into, as a result of such RFP, between Asplundh and the above named County. As the hurricane season is upon us, it is our intent to piggy-back the Charlotte County contracts and accordingly I am addressing you inquiring if Asplundh Enviromental Services will extend to the City of Sebastian the same terms and conditions of Charlotte County Contract 2003000207. Thanks for your consideration. Sincerely. Jesus M. Vieiro Buyer, City of Sebastian 1225 Main Street, Sebastian, FI 32958 772-589-0743; Fax 772-589-6880 6/~./2004 Ash Environmental May 24, 2004 Paul Wagner General Services Manager City Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Wagner: Please f'md the enclosed to be as requested per Terry Jackson including Charlotte County RFP, AshBritt's proposal to Charlotte County, and Charlotte County Contract. If you should need anything further from us, feel free to contact us at 954-545-3535. Sinfir~rely, &80 South Andrews Ave. Suite 103 Te[: 95~.-545-3535 Toll Free 800-244-5094 Pompano Beach Florida, 33069 Fax: ~54-545-3585 www.ashbritt.com CROWDER-GULF Disaster Recovery and Debds Management 5535 Business Parkway Theodore, Alabama 36582 Office: (800) 992-6207 Fax: (251) 654-0470 June 1, 2004 City of Sebastian Mr. Jesus Vieiro Buyer 1225 Main Street Sebastian, Florida 32958 Re: Emergency Services Contract Charlotte County Contract 2003000207 Dear Mr. Vieiro: Per our conversation last week, Crowder-Gulf will be glad for the City of Sebastian to piggyback off our existing contract with Charlotte County, Florida - Contract No. 2003000207. Crowder-Gulf welcomes the opportunity to meet with you and other city officials to introduce you · to our company, explain our operational procedures and most importantly to get to know one another. Three of our representatives are in the South Florida area this week and will likely have time to visit with you at the end of this week if that is not too soon. Mr. Buddy Young or Mr. Bud Rich will give you a call tomorrow to discuss the possibility of meeting this week. If you have any questions or need more information, please do not hesitate to contact me at 251-402-3677. Best Regard, John Ramsay President Contracts 20030000207B (Ashbritt, Inc.), 20030000207C (Grubbs Emergency Services, LLC) and 20030000207D (Aspiundh Environmental Services) contain pages identical to contract 20030000207A (Crowder-Gulf), except for cover pages and signature pages, therefore, they are not recopied in your agenda packet. CONTRACT NO. 2003000207A BETWEEN CHARLOTTE COUNTY AND CROWDER-GULF; PRE-STORM CONTRACT' FOR COUNTYWIDE EMERGENCY DEBRIS MANAGEMENT SERVICES CHARLOTrE COUNTY, FLORIDA This Contract ie made'and entered into by and between CHARLOq-I'E COUNTY, a political subdivision of the State of Florida, 18500 MurdOck Circle, Port Charlotte, Florida 33948-1094 (hereinafter referred to as "County"), and CROWDER-GULF, 5535 Busin. ess Parkway, Theodore, ~Alabama 36582 (hereinafter referred to as "Contractor"), on thru .~3.,~ day of...~J~~, 2003, WI'~NESSETH: WHEREAS, in the past, County has suffered the full rome and effects of major storms and the resulting destrUct]on brought about by such storms or manmade disasters, and WHEREAS, the public health and safety of all citizens may be et serious risk without adequate debris management services, and WHEREAS, immediate economical recovery of County is a major concern and a primary priority, and WHEREAS, it Is in the public interest to provide for the expedient removal of storm debris within County's jurisdictional limits, as well as for recovery technical assistance to its officials resulting from a future storm or manmade event; and WHEREAS, the availability of experienced prime storm debris management contractors may be severely limited, if County awaits the o¢currance of an actual emergency event to plan for .such services, and WHEREAS, County issued a Request for Proposal (RFP), RFP 2003000207, for emergency debris management services in Charlotte County, Florida, in accordance with the provisions of Section 287,055, Florida Statutes. an(~ the Charlotte County Procurement Code; and WHEREAS, Contractor submitted a proposal In response to RFP 2003000207, and was subsequently selected by County as the company to provide the services requested by RFP 2003000207; and Page 1 of 18 WHEREAS, Contractor has the experience,' equipment, manpower, permits and licenses to per[orm all storm related debris services; and WHEREAS, County and Contractor have agreed to the Scope of Services, prices, terms and conditions as set out In this Contract; and WHEREAS, County desires to acquire services from Contractor, and Contractor desires to provide such services in accordance with RFP 20030002{:)7, Contractor's proposal, and subsequent negotiations between the parties; NOw, THEREFORE, in consideration of'the single sum of Ten Dollars ($10;00) and for other valuable considerations, mutual terms and conditions, promises. covenants and payment hereinafter sat forth, County and Contractor agree to the following stipulations and conditions, as follows: 1,0 SERVICES 1.1 Scope of Contracted.Setvlc, es; Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of'any nalura necessary to execute, complete and deliver the 'timely removal and lawful disposal of all' eligible storm-generated debris ('eligible' means qualifying for emergency funding under Federal EmergenCY Management, Agency (hereinafter referred to as ."FEMA') standards, (hereinafter referred to as 'debris'), including hazardous and Industrial waste materials and "in accordance with the Standards of Performance aa set forth In Article 3 of this Contract,. Emergency push! debris removal and demolition of stru~ures will be limited to: a) That which is determined to eliminate immediate threats to life, public health, 'and safety; b) That which has been determined to eliminate immediate threats of significant damage to improved public or private property; and c) That which is considered essential to ens[Jre the economic recovery cf the affected community to the benefit of the 'community at large. These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris accumulated on all,public', residential and commercial properties; streets, roads, other rights-of-way and public, school properties, Including any'other locally owned facility or site as 'may be directed by County,' Contracted sap/Ices will* only be performed when: requested and as designated by County.. Page 2 ofl$ Contractor shall Icad and haul the debris from within the legal boundaries of the municipality to a site(a) specified bY County. aa' set out in Section 4.8 of thio Contract. '1.2 Emergency Push / Road Clearance: Contractor shall accomplish the cutting, tossing and/or pushing ofdebria from the Primary transportation routes aa Identified by and directed by County. This operational aspect of the scope of contracted services shall be for the first 72 (plus or minus) hours after mobilization of 100% of the resources pursuant to Section 3.2. Once this task Is accomplished; the following additional tasks will begin as required, 1.3 Rlght..of-Way (ROW) Removal: Contractor shall remove all debris from the ROW when directed to do ac by County. Contractor shall 'use r. eaaonable care not to damage any real or parsonat property not already damaged: by the storm event, Should any property be damaged due to negligence on the part of Contractor, County may either bill Contractor for the damages or withhold funds due 'to' Contractor. The determination of whether 'negligence' has occurred shall be made by County. t.4 Rlght.of. Entry(ROE)Removal(ifimplementedbxCounty): Contractor will exercise due diligence In removing ROE debris from .private property, as authorized and directed by County. Contractor also agrees to make reasonable eh'orts to save from destruction items that the property 'owners wish to save (i.e., trees, small buildings,, atc.). Contractor will exercise caution when working around publ!c utilities (i,e,*, gas, water, electric, otc,). Every effort will be made to mark these u!llltles, but County does not warrant that all utilities will be located before debris removal begins, nor does. Contractor warrant that utility damages will not occur as a result of properly conducting Contracted services. 1,5 Demolition of Structures (if implemented by. County): Contractor will remove structures designated for removal by and at the direction of County, In a timely manner as determined by County, · 1.6 Private PropertyWaivera: County will secure al~ necessary permissions, waivers and Right-of-Entry Agreements from· real property owners required for the lawful removal of debris and/or demolition of ~tructuras from real properties. 1,7 Disaster Recovery Technical A~aiatance: Contractor will provide Disaster Recovery Technical Assistance to Officials within County and to designated staff member~ to assist a local govemment with guidance and consultation on al'l aspects of the recovery process. Pa~e 3 of 18 2.0 ~RFORMANCE OF SER¥1CE$ Deecrlpti0n of 8ervioe: ' ' Contractor agrees to perform Contraoted services In.a professional and workmanlike manner and In compliance with all applicable laws, ordinances, rules, regulations and permit~. Only the.highest quality workmanship will be acceptable. Services, equipment and WOrkmanship not conforming to the intent of Contract' or meeting the approval of County may be rejected. Replacements and/or rework, as required, will be accomplished at no additional cost to County. 2,2 Cost of Services; Contractor shall bear all of its own operating costs and is responsible for all permit, license fees, and maintenance of its own truc~$' and equipment to keep such property in a condition and manner adequate to accomplish contracted, services. 2,3 Matters Related to Performance; . 2.3.1 Subcontract~'r(e): Contractor may utilize the services 'of subcontractors and. shall be responsible for the acts or omieelor~s of its subcontrectom to the same extent Contractor is responsible for the acta and omissions of Its own employees. Contractor shall ensure that all its subcontractors have and ~rry the same major provisions of this Contract and that the work of their subcontractors Is subject to said provisions. Nothing contained In th'is Contract shall create any contractual relationship between any subcontractor and County. Contractor shall supply the names and addresses of subcontractors and materials 'suppliers when requested to do so by County. 2.3,2 Indemnification: For Ten Dollars and other good and valuable consideration, the receipt of which Is hereby acknowledged., Contractor shall indemnify and hold harmless County, its officer and employees, from liabilities, damages, losses and costs, Including, but not limited to reasonable attorney's fees, to the extent ceused by negligence, recklessness or Intentional wrongful misconduct', of ContractOr and' any persons employed or utilized by Contractor in the performance of this Contract, *Such indemnity shall be set at a monetary value of '$1,000,000 per occurrence, and such amount does not limit any additional compensation available from ineuren=e,' bonding or equitable and legal remedies available under this Contract. Page 4 of 18 2,3.3 Insurance(e): Contractor agrees to keep the following 'Insurance in full force and effective during the term of thls Contract. Contractor must also name the County, as addltlonat insured, while working wlthinthe boundaries of County requiring all notices of Contractor's Insurance, but imparting ho.liability t~o County for the acta 'or omissions of Contractor.' 2.3,4 2.3.6 2,3.6 2.3.7 Worker's Compensation: , Coverage per County requirements as.stated In RFP 2003000207. Autorooblle I. labJllty: · Coverage per County requirements aa stated in RFP 2003000207. Comprehensive General. Liability: , Coverage per County requirements as stated In RFP 2003000207. Insurance Cancellation I Renewal: Contractor will notif~ County at least thirty (30) days in advance of · cancellation, non-renewal or adverse change to the required Insurance. New certificates of insurance ara to be provided to. County at least ten (10) days. following'coverage renewal~ or changes. 3.0 STANDARDS ~)F JpERF~RMAN{~; 3.1 'Contractor Representative: Contractor shall have a knowledgeable and responsible representative report to County,s designated Contract.representative within 24 hours following the execution of this Contract. The Contractor's representative shall have the authority to Irnpieroent all a~ons reqblrad to begin the performance of Contracted services as set out in this Contract and Contractor's General Operations Plan. 3.2 Mobilization: · When the written Notice to proceed has been received by Contractor and/or the on-site Contractor's representative, he/she will make all necessary arrangements to mobilize a minimuro of ,50% of the required resources within 48 hours and 100% of the required 'resources' within 96 hours to commence and .conduct these contracted services. 3,3 payment and Performance Bonds: Contractor shall provide payment 'and performance bonds upon activation of Contract. 3.4 Time to Complete: Contractor shall compJete all work directed under this Contract as soon as feasibly possibly, and In the time necessary to accomplish the work, With the knowledge that time la of the essence, The scope and nature of the work to be performed will be directed bVCounh, once the extent of damene has be~l~ 3,5 Completion of Work: Contractor shaJl be responsible for removal of all debris up to the point where remaining debris can only be describes.as storm litter end additional collection can only be accomplished by the use of hand labor. 3,6 Term. of contract: The term of Contract shall be from date of acceptance by and signatures of County and Contractor, whichever comes later, through and including December 31,2008. 3,7 Contract Termination: This Contract shall terminate.upon 120 ~:lay$ written notice from either party and delivered to the other party, in accordance with Section 8.1 of this. Contract, 4.0 GENERAL RES_IPON$1BILITIE.~ 4,1 Other Agreements: County may be required to enter into agreements with Federal and/or StaTs agencies for disaster relief, Contractor shall be bound by the terms and conditions of such agreements, regardless of the additional burdens of compliance. 4.2 County Obligations: County shall f~mlsh all Information and documents necessary for the commencement of contracted services., including a written Notice To PrOceed. A representative will be designated by County to be the prfmary point of contact for inspecting the work,and answering any on-site questions pdor to and after e~tivation of this 'Contract via a written Notice To Proceed, County will be responsible for issuing, all. Public 'Service Announcements (PSAs) to advise citizens and agencies o[ the available debris management services. Contractor may assist County with the development of debris management PSAs, if so requested. Page.6 o£ 18 4,3 Contractor's Conduct o/ Work: Contractor shall be responsible for. planning and conducting all operations in a satisfactory, workmanship manner, Contractor shall demonstrate and maintain a courteous and responsive demeanor toward all citizens, especially when working on Individual private properties, All 'operations shall be conducted under the review of a County representative at times, places, and by means as directed by County, Contractor Shall have and require strict compliance with a written Code of Ethics to be provided by County, 4,4 Supervision by Contractor: .Contractor will supervise and/ordimct all Contracted services performed by I~ employees, agents and subcontractors, Contractor is solely responsible for all means, methods, techniques, safety and other procedures. Con~'actor will employ and maintain a qualified supervisor at the WOrk site who shall have full authority to act on. behalf of Contractor. All communications given *to the · supervisor by County's authorized representative shall be aa binding as if. given to Contractor, 4.5 Damages by Contractor: Contractor shell be responsible for Conducting all operations, 'whether contemplated by this contract or later requested as specialized services, such a manner as to cause the minimum damage possible to existing public, private and commamial Property and/or infrastructure; Contractor shell also be responsible for any damages due to the negligence of Its employees' and subcontractors. Should any property be damaged due to negligence on the part of Contractor, County may either I~111 Contractor for the damages or withhold funds due to Contractor. The determination of whether 'negligence' has occurred shall be made by County. 4.6 Contractor's Duty Regarding Other Contractor(a): Contractor acknowledges the. presence of other contractors involved, in dlaaster response and recovery activities by the federal, state and local government and of' any private'utility, and 'shall not interfere with their work. 4.? Contractor's Ownership.of Debris: All debris, including regulated hazardous waste, shall become the property of Contractor for removal and lawful disposal, The debris.will consist of, but n°t be limited, to vegetative,· construction and demolition, white goods and household solid waste. 4.8 Contractor's Disposal of Debris= Unless otherwise directed by County, Contractor shall be resp0nslbla for determining and executing the method and manner for lawful disposal of·alt eligible debris, Including regulated hazardous waste, The primary location of P~$e ? of 18 the reduction and disposal sites shall be determined by County In consultation with Contractor. Other sites may be utilized as directed and/or approved by County. 4.9 Debris Management SIts: Restoration of debris management sites shall be returned to equal or better than original condition and to the eatl~footien of County. 4.10 Training: Contractor shall provide a minimum of one (l) day consisting of eight (8) hours of on-site, pre-strike tralntng of Count7 field and supervisory personnel. Should county deem necessary and upon its request, Contractor shall provide a. minimum of one (I) day consisting of eight hours (8) of on-site technical assistance to County Emergency Management personnel. $.0 GENERAL TERMSAND CONDITJON~ Geographic A~aignment: The geographic boundary for work by Contractor's crews shall be as directed by County and will be limited to properties located within the County'S jurisdictional boundaries. 5.2 Multiple, Scheduled PasseS: Contractor shall make scheduled passes at the direction of County and/or unsoheduled passes of each area Impacted by'the storm event. County.shall. .direct the Interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the County. 5.3 Operation of Equipment: Contractor shall .'operate' all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and. regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street or ROW using buckets' and/or boom and grapple devices to collect and load. debris. No equipment shall be allowed behind the Curb or. outside of the pubilo ROW unless othanvise directed by County; Should operation of equipment be required outside of the public ROW, County will provide a Right-of-Entry Agreement, as set out In Section 1.{~ of this Contract. Certification of Load Carrying Capacity: Contractor shall submit to County a certified report indioating the type of vehicle, make and model, license plate number and/or trailer VIN number, assigned debris hauling number and measured maximum volume, In cubic yards, of the toad bed Of each piece of equipment to be utilized to. haul debris. P~ge ~ of 18 The measured volume of" each piece of equipment shatl be calculated from the actual physical measurement performed by County and Contractor representatives, A standard measurement form certifying a~tual physical , measurements of each piece of equipment shall be an attachment to the certified reports submitted to County, S.5 Vehicle Information: ¥~e maximum Icad capacity o1' each haulln~ whlul~ will be ~'ounded to nearest whole cubic yard (CY) (Decimal values of .;1. through .4 will be rounded down ancJ decimal values cf 15 through .9 will be rounded up)., The measured maximum load capacity (aa adjusted} of any vehicle Icad bed will be the same as shown on the trailer measurement form and painted on each numbered vehicle or piece of equipment useo to haul debds. All vehicles or equipment used for hauling will have and use a Contractor. approved tailgate. Sideboards will be limited .to those that protect the Icad area of the trailer. 8.6 Security of Debris During Hauling: Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul. debris, Prior tO leaving the loading sites', Contractor shall ensure that each Icad is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment In any direction. All loose debris shall be reasonably compacted and secured dudng transport in accordance with FDOT guidelines. As required, Contractor will surveythe primary routes used by Contractor as soon' as possible after the transport and recover fallen or blown oebris from the roadway(s). 5.7 Traffic Control: Contractor -,hall m~f. iga~e ~mpact on local fl-affic eonclition~ to the g~e~te~t extent possible. Contractor is responsible for establishing and malntsining appropriate traffic control in accordance with the most current edition of the US Department of Transportation Manual of Uniform Traffic Control Devices (MUTCD) (see http:mutcd.fhwa.dot.gov. OR other appropriate address for manual). Contractor shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic ~at all debris removal, reduction and/or disposal sites. 5.8 Work Days/Hours: Contractor may conduct debris removal operations from sunup to sundown, seven (7) days per week. Any mechanical, debris reduction operations or burning operations may be conducted twenty-four (24) hours ~)er day, seven (7) days per week. Adjustments to work days and/or work hours shall be as directed by County following consultation and notification to Contractor. P~ge 9 of 18 5,9 Hazardous and Industrial Wastes: Contractor shall set aside and reasonably .protect all hazardous or industrial materials encountered during debris removal operations for collection and' disposal in accordance with Contractor"s Hazardous and Industrial Materials Cleanup and Disposal Plan. Contractor will build, operate and maintain a Hazardous Waste and industrial-Material-Storage area until proper disposal of such waste is feasible. Contractor may use the subcontracting se~ices of a firm specializing tn the management and disposal of such materials and waste, if/when directed by County. 5,10 Stumps: All ellgtble stumps identified, by County will be. pulled, loaded, transported, stored, reduced and disposed' In accordance with the standards of this Contract. All stumps will be 'documented~ Invoiced and paid In accordance with Section 7.3 of'this Contract, 5,11 Utilizing Local. Resources: contramor sl~atl, to every exten[ put.ibis, give priority [o utiliz:ing labor and other resources within the County. Debris Contract local preferences will Include, but not limited to, procurement of services, supplies and equipment. plus awarding service subcontracts and emp!oyment to the local work force. 5/12 Work Safety: Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of '1970, as amended. Contractor will provide such safety equipment, training and supe~ieion as 'may be, required by County and/or other governmental regulations. Contractor shall ensure that its subcontrects contain a similar safety provision. 5,13 Inspection.and Testing: All debris shall be subject to inspection by CountYand Other public authorities to ensure compliance with Contract, applicable federal, state and local laws, and n accordance with generally a'¢cepted standards of emergency management professionals. County will, at all times, have access to all work sites and disposal areas. In addition, authorized representatives and agents of. the government shall be permitted to inspect all work, materials, invoices and other relevant records and documentation,, 5,14 Other Agencies: The term "government" as used in this Contract refers to those governmental agencies which may have a regulatory or funding interest in this Contract. Page 10 of 15 6.0 REPORTS, CER~[FICAT _ON.~ and DOCUMENTATION, 6.1 Accountable Debris Load Forms: County shall accept the serialized copy of Contractor's debris reporting ticket as the certified, original source document to account for the measurement and accumulation of the volume of debris detivered and processed at the reduction and/or disposal site. s~ .T.he, seri,,a, hze.d tick,e~t~eg system will also be used in the event of additional aeons nanalmg ?or volum reduction and/or the possible reauirement for a debris transfer stations, 1'hess tickets shall be used as the basis' of any electronic generated billing and/or reports, 6.2 Reports= Contractor shall submit periodic, written reports to County as requeste(t or required, detailing the progress of debris removal aha disposal. These reports may include, out are not limited to: 6.2,1 Dally Reports: Daily reports may detail the locations where passes for debris removal were conducted, the quantity of debris' (by type) removed and disposed of, the total' number of personnel crews engaged in (~ebrls management operations, and the number of grinders, chippers and mulching machines in operation, Contractor will also report damages to private oreperty caused by the debris operation or damage claims made by ~ltlzens. and such other info.nation as may be required to completely describe the daily conduct of Contractor's operations, 6.2.2 Weekly Summaries: A summary of all information contained in the daily reports a, set out in Section 6.2,1 of this Contract or in a format recluirad by County. 6.2.3 Report Delivery: 'l'h,= ~;h~dullng, point of' delivery and re©ei¥ing poreor~nol for the debris operations report will be directed by County in consultation with Contractor. 6.2.4 Final Project Cloeeout: Upon final inspection and/or c[oseout of the project I~y County, Contractor shall prepare and submit. · detailed description of all: debris management activities to include, but not be limited to the total volume, ~y type of debris hauled, reduced and/or disposed of, plus the total cost of the project invoiced to County. Contract will provide any other additional information as may be necessary to adequately document the conduct of the debris management operations for County and/or government, P~g~ 11 of 18 5.3 Additional Supporting Documentation: Contractor shall submit sufficient reports 'and/or documentation for debris loading, hauling, disposal, and load capacity measurements, and any other services provided by Contractor as may be required by County and/or other governmental entity to support requests for debris project reimbursement from external funding sources.. 6.4 Report Maintenance: Contractor will be subject to audit by federal, state and local agencies pureuant to thio Contract. Oontra'~or will maintain'afl ra.p~f.~, r~nnrt/~, H~.hri~ reporting tickets and contract correspondence for a period of not less than three (3) years. 6,5 Contract File Maintenance: . Contractor will maintain this Contract and the invoices that are generated for Contracted services for a period of five (5) years or the period of standard record retention of County, whichever is longer. Public records law requires that all records that are not exempt, must be made available upon request by the public. This contract may be. unilaterally cancelled by COUNTY for refusal to comply with this provision, 7.0 ,pHiT PRICES~d PAYMENT_S 7.1 ,DEBRIS REMOVAL, PROCESSING AND DISPDSAL I'EMI DESCRIPTION OF SERVICE I COST UNIT '1 Mobilization a~id Demobilization (..L. ump Sum) $0.0( Lump 2 Debris Removal from Public Property (Right-of-Wayi'and $9.3{; CY Haulin.q to Temporary Debris Storage and Re~ucttoq Site 3 Debris Removal from Temporary Debris Storage and $3.75 CY Red..uctlon Site (TDSRS) and Hauling to Final Disposal Site 4 Debris Removal frOm Public Property(Rfght-of-Way) and $12.67 CY Haulin~l directly to Final Disposal Site (NOTE 1 & 2) ' 5 .Management of TDSRS $~.73 C/Y 6 prOcessln~l tGrindinglChipp!.n..g) of Debris at TDSRS ~)r' Final $3.40 cY 7 Ibrocessing (Burning) of,Debris at TDSRS or Flnat Disposal ,$2.13 CY 8 Pick Up and Haul of Whlta Goods to Disposal Site within .... $41,00 UNIT 9 Pick Up and Disposal of Hazardous Material $2.00 LB _ 10 Freon Ma, nagement and ReCycltn~ ,. ...... $80.00 UNIT 1 l'" Dead Animal Collecti~3n, Transpo/'taflon and D[sposat .$3,12 LB Hazardous Stump Removal & Hauling to Disposal 'Site 12 6 Inch.diameter ~3 11.99 inch diameter ~";108.0~ STUMP Page 12 of 18 13 12 inch diameter to 2~.{~9 inch,diameter ~30'0,00 STUMP 14 24 inch diameter to 47.99 I~-ch diameter ~728,00STUMP 15 48 inch d ameter and greater ;850,00STUMP, 16 Pre-event training for Client personnel $0;00 PER' '" The following items shall be billed on a time and material basis according to the, schedules on the followln~l pages: 16 ',Ememency Road Clearance SHout N/A Debris removal from water bodies (bays, rivers, streams, SHou~ N/A ~7 canals~ lakes) Debris Removal from Private Property (Right.of-Entry' SHou~ N/A t 8 Program) and Publicly Owner Property (other than Right-oh Way) , 19 Leanino Treee/Han{3in~l Limbs/Tree-off Program SHou~ N/A 20 Demolition of Structures SHout N/A 21 Disaster event Generated Hazardous Wastes Abatement; SHour N/A Biohazardous Wastes Abatement NOTES: 1, Tipping fee at flnat disposal site(s) will De the responsibility of county, 2, This price is for a maximum haul distance of 20 miles. For all mileage in excess of 20 miles, add $0.11 per cubic yard per mile, 3. For a. multi-year contract, the prices shown at)ova would be adjusted on the anniversary date of Contract according a pementage equal to the percent change in the Consumer Price Index as published U,S, Department of Labor, Bureau of Labor Statistics. ?.2 Equipment Description Unit Unit Price JD'544 Wheel Loader with debris grapple ., Hour "ID 644 Whee!.Loader with debris grapple Hour $122,00 .~xtendaboom Forklift with debris grapple · Hour, ..$~05.00 ?53 Bobcat Skid. Steer Loader with debris grapple Hour $67,00 '53 Bobcat Skld Steer Loader wlth bucket Hour ' $.57,00 ~'53 Bobcat Skid Steer IFoader with street Swe,ep, er Hour__ $73,0u 20 - 50 HP Farm Tractor with box blade or rake Hour $52,0(~ 2 - 2 1/2 cu. yd. Articulated Loaderwith' bucket .H,our $97,0~ 3 - 4 cu, yd. Articulated Loader with bu=ket Hour $113.0~ ~JD ~8E Log Skidder~ or equivalent, Hour '" $I 17',5~ ;AT D4 Dozer ' ., , Hour $91,0C ;AT I~1~ Dozer Ho,ur $118.0¢ ,"AT D8 Dozer , Hour, $151.0C 3AT125 - 140 HP Motor.Grader Hour $108.0~ Page 13 of 18 ~JD 690 Trackhoe with debris grapple Hour ,$124.00~ JD 690 Trackhoe with bucket & thumb Hour $119,00 ~.UDOer 'l-IraQ Tra~o~ with, Uf~L)~'I~ ~l~Pt~!~' I Iour $131~oo JD' 310 Rubber Tiro Backhoe with bucket and hoe Hour '$85.00 ~ubber Tired Excavator with debris grapple HOur $130 00 ~-10 prentiss Knuckleboom with debris grappfe Hour $153.00 Self-Loader Soraper Cat 623 or equivalent Hour $1,5715u -land Fed Debri,s Chipper Hour ~, $61,30 :~00 - 400 Tub Grinder Hour ' $373.0u E~i00 -1 ~000 HP [~l'~mond Z Tub Grinder Hour $508~0,,u 30 Ton Crane '" Hour' $!63.0u 50 Ton Crane Hour $18215~ Hour $247.5~; 100 Ton Crane, (8 hour minimum) 40 - 60' Bucket Truck Hou, r $135..0~ So'Ice Truck .... Hour $63.0L Water Truck " 'Hour $77.0,~ POrtable Light, Plant Hour $20,5¢ EqUipment Transports Hour Pickup Truck; unmanned Hour $18.0/ ~ngle Axle Dump Tr,uck, 5- t2 Cu. Yd, Hour $50.0( ~'andem Dump Truck, 16.20 Cu, Yd. Hour $62,=~ 'railer Dump Trucki 24-40 Cu. Yd, Hour $74,0C; troller Dump Tru,c, k, 41-60 Cu, Yd~ Hour i~railer pump Truck, 61 - 80 Cu, Yd, Hour $80;00 ~ower Screen Hour $35.00 ~-tacking Conveyor ~ Hour, , $32.5_O I Wheel Drive Heavy Off Road Trucks Hour $150,00 7.3 Billing Cyole: Contractor 'shall Invoice County on a basis reflecting the oloee of business on the last Working' day of the billing period, Serialized debris reporting tickets and disposal- site verification of the aotuat cubic yardage for each load of debris or itemized stumps will support alt invoices. 7.4 'Payment Responsibility= County agrees to accept Contractor's invoices and supporting documentation as set out in Section 6,3 of this Contract and process said invoices for payment in accordance with the Florida Prompt Payment Aot, Sections 2~ 8.70 et seq., Florida Statutes, 7,5 Ineligible Work: Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material or stumps as may be determined by County and/or government as !neligible debris, Page 14 of 18 Eligibility Inspections: Contractor and County shall inspect each Icad, or shatl Inspect at some other fTaquency of County's ciirectton, to verify that the contents are in accordance with the accepted definition of eligible debris as sst out in Section 1.1 of th'is Contract. 7,5,2 Eligibility Determinations: If any Icad is determined to contain material that does not conform to the definition' of eligible debris, the Icad will be ordered to be deposited at another landfill or receiving facility. No payment will be allowed for that Icad and Contractor will not invoice County for .such loads. County, through its authorized representative, will be the sole judge as to whether the material conforms to the definition of eligible debris, .and its decision will be final. 7.6 Unit Price/Service Negotiations: Unknown and/or unforeseen events 0r conditions may require an adjustment to the stated unit prices In Sections 7.1 and 7.2 of this Contract. Any amendments, .extensions or changes to the scope of contracted services or Unit 'prices are subject to full negotiations between County'and Contractor and subject to the review of the government, In addition, all costs misted to labor, materials, 'and equipment shall be fair, reasonable, and consistent.with costs set forth in the most qurrent version of the Federal Emergency Management Agency~s Schedule of EqUipment Rates, to be applied at all times for implementati°n of'this Contract. 7,7 Specialized Services: Contractor may invoice County for costs incurred to mobilize and demobilize specialized equipment required to perform services In addition to those specified under Section 1.0 of this Contract. Additions[ specialized services wili only be performed when directed by the County. The rate for specialized mobilization and demobilization shall be fair and reasonable as determined by the County, 8.1 Notice: whenever in this Contract it is necessary to give notice or demand by either party to the other, such* notice or demand shall be given In writing and forwarded by certified or registered mai[, return receipt requested, and addressed as !ollows: Pag~ 15 of 18 To To To Contractor Crowder-Gulf 5535 Business Parkway Theodore, Alabama 36582 Charlotte CountY Purchasing 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948 Charlotte County Emergency Management 7474 Utilities Road Punta Gorda, Flodda 33982 8.2 GOVERNING LAWNENUE: This Contract shall be governed and construed in accordance with Florida law. In the event that litigation arises involving the parties to this Contract, venue for such litigation shall be in Charlotte County, Florida. 8.3 INCORPORATION OF DOCUMENTS: 8.4 The following documents are specifically incorporated and made part of this contract as if the same had been set forth herein: County's RFP 2003000207, consisting of pages RFP-1 through and including RFP-15 and Contractor's proposal; all filed with the Clerk of the Circuit Court of Charlotte County, Minutes Division, as RFP No. 2003000207 (hereinafter the entire package is "RFP 2003000207"). These documents are not attached herewith but may be viewed in the Clerk's office. In the event of any conflict between the documents constituting this contract, the documents shall be given precedence in the following order: a) This~ contract; b) RFP 2003000207 including Contractor's proposal. These documents together comprise the entire contract between the parties and understandings between the parties with respect to the matters contained herein. WAIVER: In the event one of the parties waives any breach of any provision, term, condition; covenant or default by the other, such waiver shall not be construed or deemed to be a continuing waiver of any subsequent breach or default of the other provisions of this Contract, by either party. 16of18 If any provision of this Contract is deemed or becomes invalid, .i.llegal or unenforceable under the applicable laws or regulations of any Jurisdiction, such provision will be deemed amended to the extent necessary to conform to applicable.laws or regulations. If It cannot be so. amended without altering the ;ntentlon of tho laa~iee~ i1: will be etrloken ,',nd the ~'cmoinder of this Contrao[ will remain In full force and effect; 8.6 NO coNTINGENT FEES: Contractor certifies that It* has not employed or .retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Contract and that it has not.paid or agreed to pay any person, company, corporation, Individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, peroentage, gift or other 'consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this I~rovlslon, County shall have the right to terminate Contract without liability, at its discretion, to deduct from Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 8,7 TRUTI:b. IN-NEGOTIATION C.ERTIFICATE: In accordance with Section 287,055, Florida StatUtes, and the Charlotte County Procurement Code, s!gning this Contract by Contractor .shall act as the execution of a truth-In.negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Contract are accurate, complete and current at the time of contracting, .The original contract price and any additions thereto shall be adjustad to exclude any significant sums by which County determines Contract price was 'Increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Contract. 8.8 !NDEPENDE~T CONTRACTOR STATUS: Contractor is an independent contractor and Is not an employee, servant, agent, partner or joint venturer of County. ~,,UDIT REQUIREMENTS: Contractor shall maintain bookS, rea, orals, documents, and other evidence directly pertaining to or connected with the services under this Contract which shall be available and accessible at Contractoda'offices for the purpose of inspection, audit, and copying during normal buai.ness hours by County, or any. of Its authorized representativeS. Such records shall be retained for a minimum of three (3) years after completion Of the services. Prior to destruction: of any records, Contractor Shall notify County and deliver to County any records that Page 17 of 18 provisions of this paragraph by insertion 'of ~ne requirements in written contracts'between Contraotor and subcontractors. IN WITNESS WHEREOF, both signatories to.this Contmc~ are lawfully authorized to sign and bind the parties to this Contract. The parties he.ruby exeGute this Contract to. be effe~ve as of the date. and year entered by County ,n the first paragraph .of this Contraot. John Ramsay, D~roctor ~' 'Corpomtion ATTEST: Barbata'T, Scott, Clerk of the Circuit Court and Ex-Officio Clerk of the Board.of County Cortlmissioners Deputy Cle[[~/0~4,- ~ p:\public~lynn\contract~Crowaer'G ulf,doo LP.?.003.363, 8126/03 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , , -: Ren~e Francis Lee, [Jounty~ Pa~e 18 of 15 CIITOF HOME OF ?ELICA~ ISLAND May 18, 2004 PRESS RELEASE COMMIJNITY REDEVELOPMENT ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL FOUR OF THE ELEVEN POSITIONS ON THE COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE: 1. ONE MEMBER WHO IS EITHER A REALTOR, ATTORNEY, FINANCIAL PROFESSrOI~IAL OR ACCOUNTANT TO EXPIRE 4/1/2006 2. ONE MEMBER WHO IS EITHER A RESTAURATEUR, HOTELIER, WATER- RELATED OR TOURISM BUSINESSPERSON TO EXPIRE 4/1/2006 THE ABOVE TWO MEMJ~ERS CAN BE FILLED BY ANYONE WHO IS EITHER A RESIDENT OF THE CITY, A PROPERTY O~/NER WITHIN THE DISTRICT OR A BUSINESS OWNER WITHIN THE DISTRICT. 3. ONE CITY RE;SIDENT OF THE DISTRICT TO EXPIRE 4/112005 4. ONE CtTY RESIDENT FROM OUTSIDE THE DISTRICT TO EXPIRE 4/112005 THE OTHER SEVEN ME~IgBERS ARE INDIVIDUALLY APPOINTED BY EACH COUNCILMEMBER AND ARE THE SEBASTIAN PROPERTY OWNERS ASSOCIATION PRESIDENT OR DESIGNEE AND SEBASTIAN RIVER AREA CHAMBER OF COMMERCE EXECUTIVE DIRECTOR OR DESIGNEE. THIS BOARD WILL MEET AS NEEDED TO MAKE RECOMMENDATIONS TO CITY COUNCIL AT 7:00 PM iN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL JUNE 14TM, 2004. map of the Community Redevelopment District is on file in the Office of the City Clerk.