Loading...
HomeMy WebLinkAbout10102007anus ~. _-_ - =~= HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REVISED AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 10, 2007 - 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 address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SIMCHICK 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Proclamations 07.172 Character Counts -School Board Chairman Carol Johnson Announcements 07.173 ^ City Student Government Day - 10/24/07 - 9 am -Noon -City Council Chambers 07.174 Garrie Scott Football Field Dedication -10/27/07 - Noon -Barber St. Sports Complex 07.175 Recreation Dept. Halloween Costume Contest - 10/27/07 - 11:00 Judging Begins - Riverview Park 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-5 A. Approval of Minutes - 9/26/07 Regular Meeting 07.176 B. Authorize Participation Agreement Between Florida Dept. of Environmental 7-78 Protection and City of Sebastian for Petroleum Cleanup at Municipal Garage Not to Exceed $91,200 (Public Works Director Transmittal, Agreement, Report) 07.177 C. Authorize Construction Support Agreement Under Existing Engineering 7s-so Services Contract Between Neel-Schaffer and City of Sebastian for Design and Construction of Two Pedestrian Bridges Not to Exceed $56,000 (Engineering Transmittal, Proposal) 07.178 D. Resolution No. R-07-41 -Joint Participation Agreement Between FDOT and s1-124 City of Sebastian to Acquire Airport Maintenance Equipment (Airport Transmittal, Agreement, Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO ACQUIRE AIRPORT MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.178 E. Authorize Expenditure of $20,000 for City's Match for the Airport Maintenance Equipment Grant Agreement (See Above) 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 07.179 A. Natural Resources Board i. Goals /Work Plan Presentation (No Backup) 10. PUBLIC HEARINGS -none 11. UNFINISHED BUSINESS 07.149 A. Construction Board Issues (City Attorney Transmittal, Report, Minutes) 125-131 12. NEW BUSINESS A. IRC Presentation -Piper Economic Development Incentive Proposal 07.1 so B. Richard Baker -Audubon Society -Corrigan/St. John River Water Management District (No Backup) 2 07.181 C. Consider Goals /Work Plan from Natural Resources Board and Direct Board Accordingly (No Backup) o7.1s2 D. First Reading Ordinance No. 0-07-14 -Change `Occupational License' to `Local 133-142 Business Tax' -Schedule Public Hearing November 14, 2007 (City Attorney Transmittal, 0-07-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLES ii LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 13. PUBLIC INPUT Public Input for each individual is true minutes, however, it can be extended or terminated by a majority vote of Council members present. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 07.183 i. Approval of Date for Christmas Parade -Saturday, December 1, 2007 -From Main 143 Street to Deliver Santa Claus to His House in Riverview Park -Sponsored by City, GFWC Sebastian Junior and Woman's Clubs, Sebastian Property Owners, and Chamber of Commerce -Specific Street Closings and Times to Come Back in Report to Council at Next Meeting 17. CITY COUNCIL MATTERS A. Mr. Neglia B. Mr. Paternoster C. Ms. Simchick D. Mr. Wolff E. Mayor Coy 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Crauncil Meetings are Scheduled for i_ive Dreadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE. WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetinc,Ls: October 17, 2007 -Workshop -Economic Development -Goals -Visioning - 6pm October 24, 2007 -Regular Meeting - 7 pm November 14, 2007 -Regular Meeting - 7 pm November 28, 2007 -Regular Meeting - 7 pm ~~ SST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the regular meeting to order at 8:00 p.m. 2. Council Member Paternoster led the Pledge of Allegiance. 3. A moment of silence was held. 4. The Civility Pledge was read by Mr. Paternoster. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Airport Director, Joe Griffin MIS Systems Analyst, Barbara Brooke 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 0 Regular City Council Meeting September 26, 2007 Page Two 7. PROCLAMATIONS, PRESENTATIONS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.171 A. Proclamations -Richard Campbell, Jr. and Joseph Stone, Jr. for Attaining the 1-3 Rank of Eagle Scout Mayor Coy reported that one of the Eagle Scouts was ill and could not attend, she invited all the Boy Scouts in attendance to come to the dais and read the proclamations and presented one to Richard Campbell who thanked her for himself and for Joseph Stone. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-10 A. Approval of Minutes - 9/10/07 Special Meeting 11-24 B. Approval of Minutes - 9/12/07 Regular Meeting 25-2s C. Approval of Minutes - 9/19/07 Special Meeting MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve items A, B and C. Voice vote 5-0 carried. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Simchick reported that the Beach & Shore Preservation Committee had not been meeting because of turtle nesting but will start up again soon. Mayor Coy reported that the Economic Development Council (EDC) has no further information on Piper at this time. She mentioned to the EDC that Sebastian will be working on a plan and they offered their services to Sebastian. She stated the Land Acquisition meeting was cancelled for this month. Mr. Neglia, reported that Mr. James Wolfe, District Secretary of the Department of Transportation gave a presentation to the TCRPC and he would like to arrange for Mr. Wolfe or his associate to make a similar presentation to Sebastian. The Clerk said she would arrange this. Mr. Paternoster reported the next MPO meeting was canceled so there would not be a bus transportation report until November. 10. PUBLIC HEARINGS -None `~ 2 Regular City Council Meeting September 26, 2007 Page Three 11. UNFINISHED BUSINESS 07.105 A. Council Selection of ISBA Representative fno backup) The City Manager reported on the ISBA process, that Indian River County had appointed Commissioner Flescher to the committee and other jurisdictions will be appointing a representative. He said the next meeting will be October 3`d , 2007 but the elected representatives will not attend that meeting, and further described the meeting process. Following some discussion on choosing a representative, it was the consensus of Council that Mayor Coy would take the position and all members would be used as alternates as needed. If she could not make a meeting, the City Clerk will put out a call for volunteers and whoever responds first will go to the meeting. Ms. Simchick requested that the City Manager and the City Attorney be directed not to attend a meeting at which other elected officials are present and there is no Sebastian elected official. She emphasized the importance of Sebastian's full participation. Mayor Coy asked if she needed to open this matter to public discussion since it is administrative and the City Attorney said it was discretionary. Mayor Coy gave Mr. Gilliams' his first warning. Ms. Simchick noted this is the same procedure as when Council selects its regional committee positions. There was a voice from the audience and Mayor Coy gave Mr. Gilliams a second warning. Mr. Gilliams was holding up a "Dump Coy" sign. The Mayor waited for him to comply. The City Attorney confirmed when questioned by Ms. Simchick, there is an ordinance prohibiting placards and the subject could be removed from the meeting. Mr. Gilliams continued to hold up his sign and Mayor Coy requested he be removed from the Chambers. He was escorted out by Lieutenant Witt. 12. NEW BUSINESS 07.140 A. Ruth Meyers -Affordable Housing Coalition (no backup) Jim Goldsmith, Affordable Housing Coalition, introduced Kelly Brown, Bob Pickett, and Ruth Meyers. Ms. Meyers gave a power point presentation (attached). Jim Goldsmith said in closing, that acounty-wide Community Land Trust (CLT) vehicle is being created, that they are seeking donations of land from public and private owners, and described steps to be taken. Mayor Coy pointed out such a donation would be a nice tax write off. ,~ Regular City Council Meeting September 26, 2007 Page Four Mr. Goldsmith and Ms. Meyers responded to questions from Council relative to their specific needs for property, whether houses will be built to green standards, and Council suggestions were offered that townhomes, duplexes, existing older homes, and possible City donations of parcels could be utilized as well as donations by developers when submitting subdivision plans before Council. It was noted that the City's Comp Plan requires affordable housing. In response to a question from Council about providing housing for local people and whether it would be allowed for people who are non-citizens of the United States, Ms. Meyers said she would research CLT and fair housing rules and get back to Council. Baxter Coston, Sebastian, said he did not think the City needs low income housing, they should go where it is needed in Gifford, or maybe the City can consider this when the housing market turns around. Todd Klitenic, 1274 Barber Street, said Mr. Goldsmith did not say low-income housing but affordable housing. He said he and Mr. Goldsmith and he have built houses together for Habitat for Humanity and it would be something nice for the City to do and asked that they are given to 100% U.S. citizens. Mayor Coy asked if there was a motion. Ms. Simchick recommended that the City Manager look into surplusing some lots and report back and there was a consensus Council for him to do that. Mr. Paternoster asked the City Attorney to provide legalities on the issue. Mayor Coy called recess at 9:15 p.m. and reconvened the meeting at 9:27 p.m. All members were present. 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Baxter Coston, Sebastian, said he was in City Hall on August 7th and 13th to ask about temporary signs in City and was told anyone can get one without a permit but it would have to come down in thirty days. He said the Indian River Community College's temporary sign in front of the old schoolhouse is still there and that he would be there tomorrow to have the sign removed immediately. Todd Klitenic, Sebastian, asked when the County will begin to build the new fire station, because they said it would be done in 6 months at a previous Council meeting. Mr. Paternoster said the County had just closed on the land. 14. CITY ATTORNEY MATTERS The City Attorney reported that the super homestead was struck down in Leon County and has been appealed by the State; also the law regarding tax increment bonds without referendum is up for rehearing and neither development is final. ~~ 4 Regular City Council Meeting September 26, 2007 Page Five 15. CITY MANAGER MATTERS None. 16. CITY CLERK MATTERS None. 17. CITY COUNCIL MATTERS A. Mayor Coy Reported she was called last Friday by Representative Poppell who reported the City is number one in line for a grant from FIND in the amount of $488,000. She gave credit to the Environmental Specialist, Marge Reynolds. B. Mr. Neglia Mr. Neglia said it is great to see the old schoolhouse being used again as a school. C. Mr. Paternoster Mr. Paternoster expressed condolences to Mr. Stringer on the loss of his father, and said his public forum was successful. D. Ms. Simchick None. E. Mr. Wolff None. 18. Being no further business, the regular meeting adjourned at 9:38 p.m. Approved at the October 10`h Regular City Council meeting. Andrea 8. Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk ~~ 0 ~rtY (ff r ~, ~~- '~. .~x ~ FTOIKE QF PEI.i!Ca1tT IS-.ANI! AGENDA TRANSMITTAL Subject: Agenda No. 4 7, ~ ~ ~ Department Origin: Public orks PETROLEUM CLEANUP PARTICIPATION Finance Depart. PROGRAM AGREEMENT (PCPP) City Attorney: `~ (Municipal Garage) City Clerk: Date Submitted: 4 ctober 2007 Ap rov or Submittal by: ' n , Cit Mana er Exhibits: Agreement; Limited Contamination Assessment Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: Not to Exceed $91,200 $0 $91,200 -General Fund Unrestricted Reserve SUMMARY In late 2005, the City of Sebastian was notified by the Florida Department of Environmental Protection (FDEP) that our gasoline underground storage tank (UST) removal process was incompletely closed. While the City started a removal process with guidance from FDEP in the early 1990s, the City never fully completed an assessment report for proper closure. The story of the lapse in time is long, but in short, as state revenue levels fluctuated, enforcement efforts on UST issues were diminished. When additional funding was received from the State in the early 2000's enforcement actions increased and identified that the Sebastian UST closure was never properly finished. For the last two years, the City has been trying to formally complete the closeout of the gasoline UST that was located at the Municipal Garage. To begin the process, the City executed a contract with Ardaman and Associates to start a Limited Contamination Assessment Report (LCAR). The LCA is used to identify contaminate levels and develop a remediation plan that is approved by FDEP. In this process eleven monitoring wells were drilled in order to examine the contaminate locations and levels. In total this process cost approximately $30,000. The major cause for the cost was that this process was piece-meal in fashion in that the FDEP was never able to fully determine the extent of the pollutant flume. Hence after partial. reviews, FDEP would request more monitoring and sample wells. On four separate contracts Ardaman drilled well sites and it was not until the last round of drilling in April 2007, that the FDEP determined enough contamination information was identified to move to the next stage of the remediation process. At this stage, FDEP has now determined that in each location there are minimum levels of contaminates. These levels are considered high enough to be detected, but still considerably low ~] enough not to required major, immediate remediation. However, with the assistance and review of David Maher, Remediation & Compliance Programs Professional Geologist with FDEP, the City has now been placed in a position to qualify for the Petroleum Cleanup Participation Program. The PCPP is a 75%/25% FDEP grant to assist in contamination remediation. With the completion of the above mentioned steps taken by the City, a worse case clean-up scenario in the amount of $364,200 has been earmarked for the City of Sebastian (City Share - $91,050 -FDEP Share $273,150). These monies can be used for a maximum contamination cleanup to today's standards in which, generally, aeration methods are used to evaporate and literally blow gasoline molecules out of the soil (For your information, back in the 90's the City employed the older method of "washing" the soils with ground water, which is now determined not as effective). If a full-scale aeration method is imposed the $364,000 estimates costs for fans, wells, monitoring and additional engineering services as required. However, this is a worse case scenario and the data in the LCAR does not indicate that the contamination levels will need maximum remediation. From this point, FDEP will now take over the remediation effort if the PCPP agreement is executed. If the PCPP agreement is approved, the following steps will occur and a cost share of 75%/25% will lie initiated for the final steps to include: • Completion of the. LCAR with additional monitoring wells • Selection of a Contractor • Design of a Remediation Plan Plan Execution • Final UST Closure In closing, there is no way to predict what is in store for a remediation plan. Based on the initial data, a simple plan that includes monitoring only may be approved. This plan would watch detected contaminates and close the site once they naturally fall below detectable levels. However, these contaminants have been in the soil for almost twenty years and may need some type of small scale clean up. A small scale clean-up that that would include some type of aeration may cost approximately $50,000-$75,000 (at a 75/25 Share). This plan will be determined with the guidance of FDEP and a selected contractor in the remediation design plan. In the interim, to protect the City financially and form a partnership with FDEP, staff recommends approval of the PCPP agreement. RECOMMENDATION Approve the PCPP Agreement authorizing the City Manger to Execute and appropriate an amount of not to exceed $91,050 from the unrestricted General Fund Reserve account to be applied to remediation actions as needed. AGREEMENT FOR PETROLEUM CLEANUP PARTICIPATION PROGRAM This Agreement is entered into by and between the Florida Department of Environmental Protection (hereinafter "Department"), whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida, and the City of Sebastian hereinafter "Participant"), whose address is 1225 Main Street. Sebastian, Florida 32958 (collectively the "Parties") to perform certain site rehabilitation activities fbrcontamination determined eligible for the Petroleum Cleanup Participation Program (hereinafter "PCPP") in accordance with Section 376.3071(13), Florida Statutes (F.S.). The contamination subject of this Agreement is described in reports listed in Attachment A of this Agreement at the Sebastian City Public Works Department facility located at 100 Veterans Memorial Way, Sebastian, Indian River County, FDEP Facility ID #318520271. WHEREAS, in accordance with Section 376.3071(13), F.S., the Department is authorized to provide state funding assistance at sites determined eligible for PCPP, based on the site's priority ranking established pursuant to Section 376.3071(5)(a), F:S., and Chapter 62-771, Florida Administrative Code; (F.A.C.); and WHEREAS, in accordance with Section 376.3071(13), F.S., the Department has determined the described contamination eligible and that based on the information provided to the Department, the ParEieipant is able to provide the required Limited Contamination Assessment Report (hereinafter "LCAR") and the required copayment amount of $91,050.00, based on the LCAR and the estimated costs of site rehabilitation. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the Department and the Participant do hereby agree as follows: GENERAL. 1. All activities associated with the performance of this Agreement shall be in conformance with the provisions of Chapter 376, F.S., and Chapter 62-770, F.A.C. All other terms and conditions, including payments by the Department of its cost share under this Agreement shall be construed in conformance with the provisions of Sections 376.3071(13) and 376.30711, F.S. The Parties hereto agree that this Agreement shall additionally be subject to the applicable provisions of Chapter 287, F.S. 2. The Participant understands that during the course of site rehabilitation, the Department may, based on the statutes, rules and guidance of the Department, revise the site rehabilitation strategy, attached hereto as Attachment B, due to technical or cost considerations. Any changes made by the Department to the site rehabilitation strategy which will not increase the Participar%x's share of site rehabilitation costs specified herein may be made unilaterally by the Department and will not require the Participant's consent. Changes proposed by the Department to the site rehabilitation strategy which would increase the Participant's share of site rehabilitation costs in excess of the Site Manager ~~ Date-~ O Participant's cost share amount specified herein will be made only with the Participant's consent. !(~ TERM OF AGREEMENT AND SPENDING LIMITS. 3. This Agreement is effective on the date of execution by the Parties until the. earlier of: (1) the Department has determined that rehabilitation is complete and issues a Site Rehabilitation Completion Order; or (2) the funding limitations set forth in Section 376.3071(13)(b), F.S., are exhausted and site rehabilitation has not been- achieved. 4. The ceiling amount of this Agreement shall be $273,150.00, which represents the Department's estimated cost share of the site rehabilitation. The Department and the Participant have estimated, based upon the Participant's LCAR, total costs under this Agreement by both parties cumulatively for the specified site rehabilitation activities to be $364,200.00 (the "Estimated Cost"). However, the Parties recognize that due to unforeseen circumstances which may exist or occur at the site during cleanup, actual site rehabilitation costs may either exceed or be less than this estimated amount. COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT. 5. Based on the Participant's copayment obligation of 25% of the estimated cost of site rehabilitation, the Department's cost share is 75%. In accordance with Sections 376..3071(13) and 376.30711, F.S'., the Department will negotiate work orders with the approved site rehabilitation contractor, and will thereby be responsible to the contractor solely for the Department's percentage of its cost share as specified in the work order. 6. The Department will review and approve site rehabilitation activities in accordance with the terms of the work orders and Chapter 62-770, F.A.C., and shall make copies of such documents available to the Participant. The Participant is further advised and understands that the Department may task a locally contracted county with review of site rehabilitation documents or issuance of work orders under this Agreement. 7. In accordance with Section 287.0582, F.S., the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. COVENANTS AND REPRESENTATIONS OF THE PARTICIPANT. 8. The Participant represents that it is qualified to enter into this Agreement and is able to fully perform its duties under this Agreement 9. Within 30 days of execution of this Agreement, Participant shall submit a Contractor Designation Form to the Department for approval in accordance with Section 376.30711, F.S. 2 Site Manager ~~ Date ~ 10. Participant has a copayment obligation to pay 25% of the Estimated Cost of site rehabilitation. In order to guarantee and secure its performance to the Department under this Agreement, the Participant shall provide within five days of execution a copy of any and all agreements with any Designated Contractor performing site rehabilitation activities subject to this Agreement. The Participant is prohibited from entering into any agreement with the Designated Contractor which would have the effect of reducing the Participant's cost share commitment under this Agreement. The Participant shall be subject to the prompt payment provisions of Section 215.422, F.S., upon receipt of an invoice for its cost share commitment from the Designated Contractor, when such invoice is accompanied by a written approval by the Department of the work completed. Within 40 days of payment to the Designated Contractor, the Participant shall provide to the Department proof of such payment, which shall include a copy of the Participant's paid and canceled check to the Designated Contractor or a certification by the Designated Contractor that the invoice amount specified in the certification was paid and indicating the date such payment was received by the Designated Contractor from the Participant. Failure of the Participant to timely and adequately pay the Designated Contractor shall be considered a material breach of this Agreement pursuant to paragraph 13. 11. In accordance with Section 376.30711, F.S., it is unlawful for the Participant to receive any remuneration, in cash or in kind, from a Designated Contractor performing cleanup. activities subject of this Agreement. 12. The Participant shall maintain books, records, documents and other evidence pertaining to compensation and payments directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The Department; the State of Florida or their authorized representatives shall have access, without cost, except reasonable costs associated with: photocopying such records, to such records for audit purposes during the term of this Agreement and for five years following termination of this Agreement. TERMINATION OF AGREEMENT AND REMEDIES FOR BREACH OF AGREEMENT. 13. This Agreement may be terminated for material breach of obligations by either Party. Material breach means substantial failure to comply with the terms and conditions of this Agreement. A Party terminating the Agreement shall give written notice of the breach to the other Party within 14 days of discgvery of facts giving rise to the breach. Such notice shall be of sufficient detail so that the'Party allegedly in breach can formulate a remedy. If the breach is remedied within 15 days of the notice, the Agreement shall remain in effect. If the breach is not remedied within 15 days of the notice, the Agreement may be terminated within 15 days of the close. of the 15 day remedy period. In the event that the Department determines, in its sole discretion, that the Participant is in material breach of this Agreement, the Department reserves the right to exercise al] remedies at law and equity, including but not limited to a suit for specific performance. In the event that the Site Manager ~'~~ Date lyl ~ ~I Participant determines that the Department is in material breach of this Agreement, the Participant reserves the right to exercise all remedies at law and equity. 12 14. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Participant to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by the Participant in conjunction with this Agreement. 15. The parties hereto agree to waive any right to jury trial under this Agreement. NOTICES. 16. Any notice or written communication required or permitted hereunder between the Parties shall be considered delivered when posted by Certified Mail, Return Receipt Requested, or delivered in person to the appropriate Party Representative. The Department shall give reasonable notice (and not less than any notice specifically required under this Agreement) of its inspection of documents, conduct of audits, review of files, request for information, request for copies or otherwise relating to the exercise of such rights as referred to in this Agreement. Party Representatives are as follows: For the Department: Michael E. Ashey, Chief Bureau of Petroleum Storage Systems Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Phone (850) 245-8821 For the Participant: Al Minner, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Phone (772) 388-8203 AMENDMENTS. 17. Any amendment to this Agreement must be in writing and signed by the Parties. ASSIGNMENT. 18. This Agreement shall not be assigned by either Party without prior written consent of the non-assigning Party. Any assignment of this Agreement by the Participant will necessitate an ability to pay determination by the Department of the assignee and may result in changes to the Agreement with respect to the required cost share obligation of the assignee, based on the assignee's ability to pay the cost share amount. 4 Site Manager Date ~ 9 v1 CHOICE OF LAW/FORUM. 19. The parties hereby agree that any and all actions or disputes arising out of this Agreement shall be governed by the laws of the State of Flotida; and any such actions shall be brought in Leon County; Florida. RESPONSIBILITY FOR SITE REHABILITATION WHERE CLEANUP COSTS EXCEED SPENDING LIMITATIONS. 20. In accordance with Section 376.3.071(13)(f), F.S., in the event that the funding limitations specified in Section 376.3071(13), F.S., are exhausted or exceeded prior to completion of site rehabilitation, the Participant shall be obligated to continue site rehabilitation activities in accordance with Section 376.3071(5), F.S., and Chapter 62-770, F.A.C. If the Participant (or other responsible parties) fails to timely continue the site rehabilitation activities, the Department and its agent(s) are permitted to continue performing assessment and remedial activities that the Department, at its sole discretion, deems appropriate. The Department may designate its own contractor(s) to undertake site rehabilitation actions without the approval of the Participant or any other responsible party. The Department or its agent(s) will perform any assessment and remedial activities that the Department, at its sole discretion, deems appropriate to address the remaining petroleum contamination. As such, the Department, at its sole discretion, may choose to undertake assessment or cleanup activities that are less stringent than the requirements of Chapters 62-770 and 62-777, F.A.C., and which may not result in the issuance of a Site Rehabilitation Completion Order.- Pursuant to Section 376.3071(7)(b), F.S., the Department will seek recovery for all sums expended by the Department for actions taken .pursuant to this paragraph. Therefore; the Department explicitly reserves its right to seek recovery from the Participant or any other responsible party that amount which was expended by the Department in these matters. ENTIRE AGREEMENT. 21. It is hereby understood and agreed that this Agreement states the entire agreement and that the Parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this Agreement. FOR THE PARTICIPANT: Title: Date: FOR THE DEPARTMENT: Title: Date: l3 Site Manager ~3 Date l~ ~ r~ Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee. Florida 32399-2400 September 19, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jerry Converse City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Petroleum Cleanup Participatioa Program (PCPP) Agreement Sebastian City Public Works Department. 100 Veterans Memorial Way Sebastian, Indian River County ;:` FDEP Facility ID #318520271 ' Dear Mr. Converse: Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary Enclosed please find the PCPP Agreement for the above referenced facility for your review and signature. Please return the signed Agreement to me along with Attachment A (List of Reports) and Attachment B (Site Rehabilitation Strategy) within 30 days of receipt of this letter so that we can finalize it. Once w`e=have finalized the Agreement, work can begin under the Preapproval Program. Please note that Attachments A and B have not been provided and should be prepared by your designated contractor. If you should have any questions, please contact me at (850) 245-8912 and at the letterhead address, Mail Station 4580. Sincerely, Michael J. Bland Professional Geologist Administrator - Petroleum Cleanup Section 4 Bureau of Petroleum Storage Systems Attachment "More Protection, Less Process" www. clep.state.fl. tcs i5 /~ Limited Contamination Assessment Report Addendum (Addendum No. 1) -- City'of Sebastian Public Works Facility 100 Veterans Memorial Way _ Sebastian, Florida FDEP Facility LD. No. 318520271 July 10, 2007 Prepared for: . City of Sebastian Public Works Department 1225 Main Street Sebastian, Florida 32958 Attention: Mr. Jerry Converse Prepared by: _ Jason P. Manning, P.E. -- ~ Phone: (321) 632-2503 Id REPORT AUTHORS The following employees of Ardaman & Associates, Inc. are responsible for the technical content, analyses, and recommendations contained in this Limited Contamination Assessment Report (LCAR) Addendum (Addendum No. 1). r David B. ickey Assistant Project Engineer DBF/JPM/msh/bat 05-5443 LCAR Add 1 (Reports #Z2) Ardaman & Associates, Inc. I o . Mannin .E. Branch Manager Florida Registration No. 53265 . 14 TABLE OF CONTENTS Chapter Title page 1.0 EXECUTIVE SUMMARY 1 2.0 INTRODUCTION AND SCOPE 1 2.1 .Background Information 1 2.2 Site Location and Area of Exploration 2 3.0 SITE ASSESSMENT 2 3.1 General Methodology 2 3.1.1 Soil Boring and Soil-Gas Analysis 3 3.1.2 Monitor Well Installation ~ 3 3.1.3 Groundwater Sampling and Analytical Testing 4 3.1.4 Groundwater Elevation Survey 4 . 3.2 Results of Site Assessment 4 3.2.1 Site Lithology and Hydrogeology Characterization 4 3.2.2 Results of Soil-Gas Analysis 5 3.2.3 Results of Groundwater Testing 5 4.0 .CONCLUSION AND RECOMMENDATIONS 5 5.0 COST ESTIMATE TO COMPLETE SITE ASSESSMENT AND FOR REMEDIATION 6 fables 1 2 3 4 Fi ures 1 2 3 4 5 6 Appendices -- I I III IV V ~a Summary of Soil-Gas Screening Results Monitor Well Construction Summary Summary of Groundwater Analytical Results Summary of Groundwater Level Elevation Surveys Site Location Map . General Site Plan Boring Location Plan Monitor Well Location Plan Water Table Elevation Cohtour Map (5/9/07) Groundwater COC Concentrations (10/26/06 and 5/3/07) Potable Well Survey Soil Boring Log Monitor Well Installation Records Well Sampling Logs and Field Equipment Calibration Records Laboratory Analytical Results of Groundwater Samples City of Sebastian Public Works Facility File No. 05-5443 1.0 EXECUTIVE SUMMARY -1- The site assessment activities documented in this report were performed at the City of Sebastian Public Works facility located at 100 Veterans Memorial Way in Sebastian, Indian River County, Florida.. Underground diesel fuel and gasoline storage tanks were formerly located in one tank field in the vicinity ofthe on-site office building. The former.storage tank field location is shown on Figure 2. This site assessment included the follov~ing field investigation: 1.) performing an additional soil .boring and obtaining samples for soil-gas analysis, 2.) installing additional permanent groundwater monitor wells on the site and obtaining samples from the wells for laboratory analysis., and 3.) obtaining water table elevation data to estimate groundwater flow direction. During these recent site assessment activities, SPT Boring TH-1 was performed within the former tank field location on the site. No net OVA readings above background levels were.detected in the soil samples collected from Boring TH-1 to a depth of 12 feet. Previous soil assessment at the site has not indicated the presence of soil contamination above the water table in the area of investigation. Four additional shallow wells (MW-8 through MW-11) were installed and sampled at the site. The results of groundwater sampling and testing utilizing the newly installed wells and information from previous sampling and testing events indicate that Contaminants of Concem (COC) concentrations above the DEP GCTL's are present at the site. The area of groundwater contamination extends from the former fuel tanks area to off-site to the east. The most down-gradient well (MW-10) is located approximately 115 feet east of the former tank field area. Contaminant of Concern concentrations above the GCTL's exist at MW-10, but the levels in MW-10 show a decreasing trend compared to wells closer to the source area. The results of this limited contamination assessment indicate that. active remediation of shallow groundwater at the site is necessary. No remediation of soils appears necessary. More detailed recommendations are presented in Sectiohs 4.0 and 5.0 of this report. 2.0 INTRODUCTION AND SCOPE This report presents the results of a limited contamination assessment addendum conducted at the City of Sebastian Public Works site located at 100 Veterans Memorial Way in Sebastian, Indian River County, Florida. Specifically, the contamination assessment activities were performed in the vicinity of the former UST field on the north portion of the site. The purposes of this limited contamination assessment addendum were to further explore the magnitude and horizontal extent of subsurface soil and groundwater contaminatioh at the site. This report has been prepared for the exclusive use of the City of Sebastian for specific application to this project in accordance with generally accepted hydrogeological and engineering practices. 2.1 Background Information Ardaman & Associates, Inc. prepared an LCAR (dated May 4, 2006) for the project site. The report documented soil and groundwater contamination assessment previously performed at the site. Z~ City of Sebastian Public Works Facility File No. 05-5443 2- During these previous assessment activities, a series of soil borings were performed nearthe former . tank field area.. No evidence of soil contamination above the groundwater table was found during OVA analysis and analytical testing of soil samples from the borings. Groundwater COC's were detected in shallow Wells MW-2 and MW-3 at levels above the DEP GCTL's. This data indicated that the dissolved contamination may be migrating off-site to the east. One of the purposes of the assessment activities documented in this addendum report was to further explore the extent of the dissolved petroleum contamination at the site and down-gradient of the site. 2.2 Site Location and Area of Exploration The subject site is located at 100 Veterans Memorial Way in Section 6, Township 31 South, Range 39 East in Sebastian, Indian River County, Florida. The site location is superimposed on a reproduction of the Sebastian, Florida U.S.G.S. quadrangle map included as the Site Location Map, Figure 1. The subject site is approximately 3.1 acres in area and is developed with the City of Sebastian Public Works facility. The facility is utilized for maintenance and repair of City. vehicles. Also, . construction materials and vehicular fuels are stored at the site. Several offices are located within the facility also. Structures located on the subject site include a concrete block office/garage building, a larger _ concrete block garage building, and a metal storage building. An above-ground fuel storage. tank and associated dispenser pumps were observed on the south portion of the site near the metal building. Asphalt paved parking and drive areas are also located on the site. - The topography in the area of the subject site appears to be relatively flat across the site: The approximate site elevation appears to be between +20 to +25 feet NGVD based on the United States Geological Survey (USGS) quadrangle map shown on Figure 1.. A potable well survey for the subject site vicinity was obtained from the DEP OCULUS site and is included in Appendix I. As shown on the survey, l3 private water supply wells were identified within ~/a mile of the project site. None of the wells appear to be directly downgradient (east) of the project site. 3.0 SITE ASSESSMENT 3.1 General Methodology This site assessment included the following: 1.) performing one standard penetration test (SPT) boring and soil-gas analysis to explore the extent of the soil contamination and obtain soil stratigraphy information, 2.) installing permanent, shallow groundwater monitor wells, 3.) obtaining groundwater samples from the monitor wells for laboratory analysis, and 4.) obtaining water table elevation data for the purpose of estimating groundwater flow direction. 22 City of Sebastian Public Works Facility File No. 05-5443 ~ -3- All field measurements and sampling activities conducted during this site assessment were performed in general accordance with the. DEP's Standard Operating Procedures (SOP's). Chemical laboratory analyses were performed by PC&B Environmental Laboratories, (nc., in accordance with their approved Comp QAPP No. 900134. A more detailed description of the field and laboratory programs is presented below. 3.1.1 Soil Boring and Soil-Gas Analysis One SPT boring (TH-1) was completed during this assessment within the former UST field to explore the extent and magnitude of soil contamination and to determine soil stratigraphy. The SPT boring location is presented on the Boring Location Plan included as Figure 3. The location of the boring was determined in the field by measuring wheel and tape measurements from existing buildings and other site features and should be considered accurate to the degree implied by the method of measurement used. The boring was advanced to a depth of 12 feet below the ground surface using a procedure similar to the Standard Penetration Test (SPT) outlined in ASTM D-1586. Soil samples were collected from the sampler for visual examination and classification. The resulting soil descriptions are presented on the Soil Boring Log included in Appendix I. Soil samples were also obtained from Boring TH-1 at approximate 2-foot depth intervals for soil-gas analysis. The samples from the borings for soil-gas analysis were placed iri 32-ounce sample jars (half filled). The gas in the headspace above the soil in the jars was- analyzed using a Foxboro Organic Vapor Analyzer (OVA) Model 128, with and without a carbon filter. The meter on the OVA was visually monitored and the maximum reading obtained over a 15-20 second time increment was recorded. While in the survey mode, the OVA is calibrated to 95 parts per million methane in air, and zero air. The results of the soil-gas analysis are presented on the Soil Boring Log in Appendix I and in Table 1. 3.1.2 Monitor Well Installation Four additional shallow, permanent groundwater monitor wells (MW-8 through MW-11) were installed on the site to further explore the extent of the groundwater contamination at the site. The locations of these wells are presented on the Monitor Well Location Plan included as Figure 4. The locations of the wells, as shown on Figure 4, were determined in the field by wheel and tape measurements from existing buildings, and other.site features and should be considered accurate to the degree implied by the method of measurement used. Shallow Wells MW-8 through MW-11 were installed using 4'/a-inch I.D. hollow-stem.auger. The wells were constructed of 2-inch diameter, schedule 40 PVC and installed according to the Monitor Welt Installation Records presented in Appendix I1. The well screen intervals are presented in Table- 2. Subsequent to their installation, the monitor wells were developed using a submersible pump and surge block. Z3 City of Sebastian Public Works Facility File No. 05-5443 -4- 3.1.3 Groundwater Sampling and Analvtical Testing The new groundwater monitor wells installed at the site and existing Wells MW-2 and MW-3 were sampled for analysis by EPA Methods 8021 (aromatic volatile organics) and 8310 (polynuclear -. aromatic hydrocarbons). All wells were checked for floating petroleum product prior to obtaining the samples for analytical testing. No floating product was encountered in any of the wells prior to sampling. Water samples were obtained from the wells at least 24 hours after development and _ subsequent to the purging of at least three well volumes of groundwater from the wells. During purging; temperature, pH, conductivity, turbidity and dissolved oxygen readings were obtained. Once these readings were noted to stabilize, the. groundwater samples were obtained. - Dissolved oxygen readings obtained prior to sampling ranged from 7 to 20 percent of saturation. The .groundwater turbidity prior to sampling ranged from 7 to 41 NTU's. Field sampling activities were conducted in general accordance with the DEP SOP's. Well sampling logs and field equipment calibration records are presented in Appendix III. The samples were preserved on ice and transported to PC&B Environmental Laboratories. The -- results of the groundwater analytical testing are presented in Section 3.2.3 of this report. The laboratory analytical results and the chain-of-custody records which accompanied the groundwater samples to the laboratory are included in Appendix IV. . 3..1.4 Groundwater Elevation Survey The top of casing of the on-site monitor wells were surveyed relative to a.temporary benchmark location with an assumed elevation of +25 feet NGVD. Subsequent measurements of water levels in the wells on May 9, 2007, yielded a determination of groundwater elevations at the well locations. The groundwater elevation data obtained from the wells during this recent survey and during previous surveys is shown in Table 3. ~. Groundwater table elevation contours interpolated from the well data are shown on the WaterTable - Elevation Contour Map included as Figure 5. Based on tfie results of the water table elevation survey, the near-surface groundwater flow at the site appeared to be in a general east-northeasterly . direction on May 9, 2007. The groundwater table was encountered at an average depth of _ approximately 8.8 feet below ground surface at the locations of the wells on May 9, 2007. We note that during the elevation survey on May 9, 2007, the water table elevations measured in deep Well MW-7D and the surrounding shallow wells were relatively consistent. This indicates that no significant downward gradient exists over these depth intervals. 3.2 Results of Site Assessment 3.2.1 Site Lithology and Hydrogeology Characterization The results of SPT Boring TH-1 conducted on the site are graphically summarized on the Soil Boring Log in Appendix I. In general, the boring encountered brown and orange-brown fine sand (Unified Soil Classification SP) to the termination depth of the boring, l2 feet below ground surface. Zy City of Sebastian Public Works Facility File No: 05-5443 -5- During performance of the SPT boring, the groundwater table level was encountered at a depth of approximately 6.6 feet below ground surface. The above soil profile is in general terms only. Please refer to the Soil Boring Log presented in Appendix I for soil profile details. The groundwater flow direction measured on May 9, 2007, was generally easterly to slightly northeasterly. This is consistent with the previous groundwater table elevation survey conducted at the site. 3.2.2 Results of Soil-Gas Analysis The results of the soil-gas analysis program are illustrated on the Soil Boring Log' included in Appendix I and in Table 1: As shown in Appendix I, no elevated net OVA readings above background levels were encountered at the location of Boring TH-1 to a depth of 12 feet below ground surface. _ 3.2.3 Results of Groundwater Testing The laboratory analytical reports of the groundwater samples collected from the monitorwells at the site are included in Appendix IV. Each of the new monitor wells installed at the site and existing WeIIs.MW-2 and MW-3 was sampled for analysis by EPA Methods.8021 and 8310. A summary of the EPA Methods 8021 and 8310. parameter concentrations detected during these recent sampling events and during prior sampling events are included in Table 2. As shown in Table 2, COC concentrations above the GCTL's have been detected in Wells MW-2, MW-3, MW-9, and MW-10. The concentrations detected in the farthest down-gradient well, MW-10, are also above the Natural Attenuation levels for perimeter wells. 4.0 CONCLUSION AND RECOMMENDATIONS Based on the soil stratigraphy data collected at the site by Ardaman and previous consultants, the shallow soils encountered at the site to a maximum depth of 12 feet below ground surface consisted _ of permeable fine sand. No elevated OVA readings above background levels were detected during OVA analysis of soil- samples collected from the borings conducted at the site during this and the previous assessments. Soil samples were previously taken from Borings AB-1, AB-2, and AB-4 at depths of 2.5 and 4 feet for analytical testing. The results of this testing did not indicate the presence of soil contamination above the watertable. These soil test results supportthe previous statements that all "excessively contaminated" soil was excavated from the site during removal of the underground storage tanks. Groundwater table elevation data collected at the site indicates a general easterly to northeasterly groundwater flow direction. The average depths to groundwater at the site have fluctuated between _ 6.0 to 8.8 feet based on the water levels obtained from the borings and wells. Ten shallow and one deeper permanent groundwater monitor wells were installed and sampled at __ the site. The results of the testing indicated COC concentrations above the DEP GCTL's in shallow Wells MW-2, MW-3, MW-9, and MW-10. Please refer to Table 2 for a summary of the detected concentrations. . L5 City of Sebastian Public Works Facility File No. 05-5443 -6- Based on the results of the site assessment conducted to date, . no further assessment or - remediation of soil appears necessary. However, COC concentrations in groundwater at the site are above the GCTL's and Natural Attenuation levels for perimeter wells. Also, the groundwater contamination has migrated off-site to the east. It is our recommendation that the site assessment - be completed and a remedial action plan be prepared to address the groundwater contamination. Ardaman & Associates would be pleased to provide these services. Presented below are preliminary cost estimates to complete the site assessment and for site remediation. 5.0 COST ESTIMATE TO COMPLETE SITE ASSESSMENT AND FOR REMEDIATION __ Based on the data collected to date at the site, further assessment and remediation of soils at the site does not appear necessary. Therefore, services necessary_to complete the site assessment are anticipated to consist of 1.) the installation and sampling of three to four additional shallow groundwater monitor wells, 2.) the installation and sampling of up to one additional deeper monitor -~ well downgradient of MW-7D, 3.) one additional round of sampling of all wells, and 4.) an additional water table elevation survey. -- The estimated cost to complete the site assessment is on the order of $18,700.00. We anticipate that the site assessment can be completed within approximately 6 to 7 weeks of receiving adjacent property owner permission to install the wells. Based on the contaminant concentrations detected in groundwater during our assessment, the detected levels in groundwater appear to be above the "active remediation" levels established by DEP in FAC Chapter 62-770. Therefore, we recommend that a Remedial Action Plan (RAP) be prepared to address the cleanup. _ The site has primarily sandy soils with no clayey layers within the depth of contamination and can efficiently be remediated by air sparge (AS)/soil vapor extraction (SVE). The remedial design would likely consist of 12 to 14 air sparge.wells to remediate the contaminated groundwater. The sparge wells will be situated to cover the majority of the plume. Spacing will need to be determined based -- on the results of a pilot test. However, typical spacing is anticipated to be 30 to 40 feet. The contaminated vapors would be recovered by installing a series of vertical vapor extraction wells. A SVE pilot test would be needed to.estimate the radius of influence.. The contaminated vapors will be treated 'by carbon adsorption before being released to the atmosphere. The carbon would be by-passed when emissions decrease below 13.2 pounds per -.. day. In order to optimize the design, we propose to perform a pilot test as part of the RAP field work. The schedule to complete the RAP is estimated to be 2 to 3 months after receiving authorization to proceed. The system can be installed~within 3 to 4 months. Estimating the site remediation cost and time is a task conducted during preparation of the RAP. Preliminarily, we estimate that reducing groundwatercontaminanttevels to monitoring levels could take up to three years. The system can __ be removed and the site can be closed within two months following completion of an anticipated one year post-remediation monitoring period. Remedial costs are difficult to predict without first completing a RAP. The estimated cost to prepare 2~ City of Sebastian Public Works Facility . File No. 05-5443 _7_ the RAP including a pilot test is $26,000.00. Capital costs for system installation are estimated at $112,OOO.OO.Operation and maintenance costs are expected to be $181,000.00 forthe proposed three years of remediation. Post remedial monitoring costs are estimated to be on the order of $18,000.00 for a period of one year. Site closure costs are preliminarily estimated to be $8,500.00. ~~~ _ The total estimated project cost is therefore $364,200.00. 2~ v lL Y V _ ~ ~ ~ O a ~ c ~ :-°. ~ N y {4 C ~- N d N 41 N O ~ u1. 'r O ~ U ,- ci N 5i d Z Q ~ a a ~ ~ ~ ~ is m ~a LL LL LL 2 a d d 0 U N C. ~ N ~ ~ N ~ ~° N N Z Z r Z Z Z Z L (A (n ~ _ V Q .Q J = d cn ~ n. a d cn ~-. a ~ n. d u~ a a. n. d c~ a a a a a a a a a a a ~ a ~ a ~ C ~ M to to N cq cn cn to tq [n (~ to M to to to ~ ~ to ~ . cn cn cn a a, a a. n. a ~ ul a c N fn a C 6 a C m a C c aJ a C a C a C c Id a C a C a C c Qf a C a C a C a C a C a C a C a C a C a C a C a C a C a C a C ~ a uJ a ~ tn ~ a cn a to a y p y c fQ tf1 W lQ fA m W fn fd (n a1 fn fn m R1 fn cd fn tC fn lA m (tl fq tC . fn cd M <C (~ W (n of N tE fn /C fn cU fn lC fn Rf fn cG fq a1 !n N fn lC fn C ~ C N m C C W C ~ C R! ~ a C [y, N C N C m C C iy N C N C N C C LL N C N C m C C LL N C m C d1 c m C N c m C m C N C N C N c G) C m C m C m C m C ~ C ~ C ~ ~ ~ C ~ C ~ C lL LL lL Li. ll. IL T LL LL LL T lL LL lL LL LL LL LL tL LL. LL. LL tL IL LL LL LL LL C 3 LL lL LL ~ m m c`U ~ ~ N `0 m m m m m m m m m m m m a~ m m m ro m m ~ fn C7 S C c l` c c C7 c ( c c t ~'3 c N c c G7 c c c c c c c c c c c c c c c ~ ~ m 3 .~ ~ ~ 'L ` N 0 ` N f` y N` ~ NL c0 N` N` (`6 Q! l~ QI W (E (` Rf l~ O O df O O O ~ ~ O ~ ~ Q ~ ~ ~ Q ~ ~ O Q ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~' ~ ~ ~ O m m ~ m m m Q O u- ~ y,a o_ o_ o_ o o_ o_ o_ o o _o o o o o o o o o o o o o o o o o o o o o o o o o Y Z ~ V V V V V V V V V V _ V _ V _ V _ V _ V V _ V _ V V _ V _ V _ V V _ V _ V V _ V _ V _ V _ V V _ V _ V _ V ~Q 0 a > ~ m ~ -c 0 0 0 0 , o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u ~ v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v ~ N . t N ~ O_ 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 m a C ((~ ~~ V V V V V V V V V V _ V V V _ V V V V _ V _ V _ V _ V V _ V V V V _ V V V ~V V V V V ~~ ~ id C d ~ n. E « ~- s~ u~ n ,- r~ u, n ,- ch ~n n ,- co ~n n r co u~ n r c*> ~ n .- co ~n n N ~t co m ~ m ~ ~ ~ ` o ,0 ~ O o m Z Z Z M - O M m Q C'3 ('3 (7 ca co co co a~ .`. R ~ C ~ o c G ~ Y ~ m O co O co O co O ca O o0 O 0 O °o ~ O m Q a ~ ~ N N N N N N m C ~ a a a a a a a o 3 a c L c a ~' cv c h. v u~ c n n 0 m Z Q Q Q ¢ Q Q Q 1 =- W Z m n ~"' N 0 N O lNf1 .- C'9 ~~ LL Y ~~ V .C ~ L a ~ c ~ ~a °f N t9 N ~ c N ~ O ~ ~` O V O fq f/! Cd ~ C f4 a za .~ .~ !L LL Z n. aa n. a a a a a a n. m ~ ~~ ~ v cn cn cn ~ ~ ~ c a C a a C C a C a C a C a C a C a C a C a C l0 cC ftl lC Rf 6Y c0 (tl RJ f0 ftl O d C d m C C m C ' d C N C U7 C N C N C C7 C N C V _ LL. _ CL LL LL 4. LL LL LL LL ii 11 N ,,,, C 3 C C 3 3 C 3 C 3 C 3 C 3 C 3 C 3 C 3 C 3 O 0 0 0 0 0 0 0 0 0 0 0 ~ m m m m m m m m m m m O N rn NN m m m rn m rn m rn N o G1 rn m rn N rn N rn O cG0 ~ cC6 N lCC /C0 fC0 cGC N N ~ 0 0 0 0 0 0 0 0 0 0 0 N ~ ~ O) CD N CO r to ^ ~ to 0p 00 C~ d O O .r r r r t r r M r r r r r r V O W O 00 O N ii CD r lh ~ in lp GO r 00 N d ~. r r r r N r r r- C ~_ .-. d ~ '~ L ~ Cq h r CO r N N N M M r~ d. r r T T N ~N~ r r ^ N ~"' ~ N C ~ ~ V 0 0 0 0 0 0 0 M 0 0 M 0 0 M 0 0 M 0 0 M 0 M 0 M 0 M ,~ N N N N N N N 0 N 0 N 0 N 0 N L YI Y d c G N V ~ N N N N N N N N N N N C v ~ .a m U ~~ Z Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q W Z ~ ~ C7 a ~ o~ ~~o ~ ~ ~ ~ M O ~ ~ ~ ~ ~ w... J O~ V. '~ N vt N `~ N ~t N d' N 'd' N [1' N ~Y N of N M N et N d .Z 41 o ` ` a~ m m a~ a~ m m a~ m m a~ ~ Q Q Q Q Q Q Q Q Q Q Q E E E E E E E E E E E ~ =° X 3 3 3 3 3 3 3 3 3 3 ~ 0 0 0 0 0 _o _0 0 0 0 0 N C 0 2 0 2 0 2 0 5 0 2 0 2 0 = 0 S 0 S 0 S 0 S d d O O O O O O O ~ O O O O O O n O ~ O . , !0 ~ O N O N O N N O N O N O N N ~ N ~ O O N oy C a a a a a a N r ~ ~ a r a r Z r N M ~t 1 n ' O ~ DD m O i N Q~ M V 0 ~o r J W J _U J Z a oc W a MO/~ 1/.1~. V O M~ i.l. ca ^G J N c+~ W J a t... 2N2 C m L O J F-' m ~ e ~ « N E m ,~ . = c ., e ~ m ~ „j' ai ~3y'a ~ ° a `~ u z m ~ o aC W m U N 11 ~, O D C ZmQ V LL. V ~ W ao c ~ r~ N y tII C (/j d N O ~ ~ ~,.` O V~M N d d R ~ ~ Z Q ~ LL LL (L C J p J p J p J p J p J p J p J p J p J O ap n J O J p O O ~ d m m m m m m m m m m r9 m m N N a 0 ~1 ~ pJ ~ Jp n J J J J fD I~ J J O O p m m O m O m m m m 0 ~ m m N N LL C d .~ J p J p J. p J p er N J p J p J p J p J. p N (~ J p J p aO p p ~ m m m m O m m m m m O m m N ap O N Ii. C V ~ J p J p Ch o J p N r J p J p J p J p d~ g h v J p J p 00 00 o Q r m m o m o m m m m o o m m r N N d u .t , J J O O J f0 J J J J J aO J J O_ O ~ m m r ~ m r m m m m m N m m N N a c _$ p p o p N p O 0 p p n J J O O C m m tD m tp m m m m m lri m m N N a a ~_~ A J' W ~ fp J J J J O O J J O d ~ O pj I~ n t m r~ Ifj N m m m m C~ m m N N z 0 _~ ~v !m$ p rD n~ In p Q Q p O O J J 0 0 t .C m r r r m m m m r~ m~ m N N r W z O K~ 3 O t m m m m m r ~ m m '" ~ W $" z ~t~. m F p m .. m ^~ tO m m m m [D CD '- m N N O pJ J J J J J ~_ ' ~~ J O '~ m m m m m m m "~ c°o W fir M~~ ~' d c J J J J J J J J J J J J J 7 p p O .p p O p O p p p p p~ o p m' m 00 m m m m m m m m m m ~t F C ~ fir+t !'.:~. N p p p~ J J J J J J ~~k .' `': O ~ p p p p p p ~~- O r o i~_ ~w, m m m m m m cc co m m n n ~ o~ o 0 0 0 0 0 0 0 0 0 0 „~~mvc3vviu~~~r~c~ v O N N N N N N N O O N N O O F C O O Or 0 0 0 0 0 0 ~ 0 0 0 U ~ r ~ Z ~ a ~ c O~ OD N f0 r LLY ^ N ~ W aD E g o o r r ~ m ~ r ,= r e m ~ N ~ (fi OD N CO r In ^ In ~ OD ~ d y 0 O r r N r R ,~, r a ~ r U .C U Ci A ~ ~ ~ .~ In (Q ~ m W ~ r ~ Q J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ LL O m d V ~ e J~ U m o~ o a ~ m m U ~ c m ~ 3 v = c c o ~ (^7 p n W f~ 7 N C t0 .mod. L Q m m W 7 V ~ z U Q II <L II N F.. ~ C7 Z M m a t~ O N W Z O F- a w _. J W J W -- W J W I- _.. a 0 z - ~ 0 o~ c~ ~,. 0 N H J (n WWM t.1.. W J m LQL 1"' U fC Y O ~ U - - ctf ~ 'C CO C C N N ~ ~ y ~ ~ r ~ ~ ~ ~ O O ~ tN ~'+ O a\0 T U ~ c~ y ~ ~ O E~~Z Z Q 0 'N N Y U ~U ~U N ftT RS. ll. LL LL a f" V t17 O '+~4\ , .~ .``~ ~~ ~~' i CI ~. ~~~~IT s~4 ~ ~ .y ,~ r.. -'... ~ ,. =',-. f ,~T~:L.:;::;~': '„:;f `n '~.+ .~. ~`• .•n '~s,,".Y L~.i ~tT~`a '.'i• ... .~:"i:y~1tF _.y.~. ,~ }~. ' % ~~'~:Y'i:Y,. .S •. IA• ~ / I~r~ '~}.~' ("~:•4i ~'~A~' ~ty~Y'~:'-~~"t~it. _.~ t' 'i.. 3 na t.a k~~:.~k'y1;1..._. ~, ;Ci :_;~.. ~'dt=i ~"`i i~cifst«. } '.y.~ rq.; .,+' - ,s' ;.1:~~ ,:}.'S: ':~i~~ .:1 ~~iLy cS~c°4.: ~'., rnu.; ,`z:~;+(}~:: ,.+,Y _ 'i.;i'~IJ~A. 't:}' syy:a ~+ 1yt~2;~.- ;tf,. ~.'''t"~=w ~,:t~-': y°;'.Y».rr.+~,••• :r"dv"1 .. .. ,(.. `~,C ~4~ "¢A ! ~' +.yG /''r 1}.~ !~y~'ta. a}:].,r~, .:'•.~.>'';.~'O "'o:N`:r",•+~y':'•'>ttt.:.~a;l --!S-~....a ° y ! =}J ~i'~M: ~r; .t.~y~ :a: ' .~t?`c~iC':cF.•'.:.. 'S .~;' 'dt °iti' .. z-~r' ~.''^`'"w6±.yk•~hj',.~;~' .t r ~ ~ ~C:t.'.i:. ?,,+F'..ti~.'a .,: .atet.l,~r.FS }~4•;~~.'.:Fi ~~` ~ . 7:'1 ~.:J~ .. I ~: -~~e..; ~` ,~- ~;§_ ~ ?CL,.~"t.',`r:;f.'4',. }'tip ''yt ` _ _•`~ j ~•"ire ~~l i 4 .:,t•:';• ~ ~ ... .. . , ,~ ' , k~} "};.:4 ~ I:~, .}...any^.',:.::~,,',, •.r:`-~ _ ,::., ~:'. :'t: i fir:: ; ..I: ~ 'd'.j. ~ .p':' ` y,y A,#.,,to.,: ... , ... .'.. ~` €~ .. ..vii J:' l ~~. .H N T`t:S•' .. ._. 2.ae .~t.. .M' . rr"r" - ti'c.'.,~y. .E r.y' ~`.> . d i.,t.~,':48: .+~'iiCi."",`:;.'.•~. .,.t.~ ~~.~.. ; re:';"~.G.::k3.,, '+. Fr'~ : ,~,,, K y,' > ~. +',~:: + r. .; y..c~ ., 'r .-! ::s• '-t ~•; ~t. - .~ • ~i •r "~ - `~,' ~y ~• v L t •~.`}' .:~ Y't,"~F+m.0.. a .,i , 4~v • .. ~ y?ice ~'~. ~...~ ~:~ ~ r` rlr~+1. :~ . . Y ~ "K i - - r r - •' ~.. e''~ . :';~ . •.' 1 1"+ _Y „`. _ _ ~:.. ..lam ..~ ;. +~:.._ ::~:: _ y:. i,:~+~t >~ ` } "~F: . ~: <tn n.. '-=2- 1 . . ,. - +F=. q~ ~"C ::> - :~~)'' -.'1r,'~• " :fig 'S~ ~`~:, ~'~ '' Y : Sl ir~~.~.%~''%. . y '.: ,~ 4. ~. ~- ~.> ,sE-. ..r..~. si i., •~.1~':.. ~ .:: •.iY: 4~ y `M~f •~t+ !~ . `~... -,'?S.. _ _ r ...~ . L, '' ' ".n %143y:•. j: Y1+. .:"ii: _e.~q,.' d.'~^: s-'~ >..'i.r. '~. .~.' ~` ~~l V'. ~r .'~` t'. ~w r~ ~ ~:X'.e't:f~" ~I['v ~F+ aA. ry :. ~ .i ::J"+:; + .i ^..:: •'~ _ .v ~' R: :4 \ ~` x i- Y .":M, ; .r w.' , t `ir^ - .,~;: .'. tr +~/'. ,,. ~ ,. .L ..;_ ~. .e"•. t• `' '•N.:. 1~>. ~ y~' ~. . :?: ):• .: y..., (. _ ,.y. f~ ,~~.t ; ,~.~. , `, -.Z Y'.. '. c. `C -„ '; SECTION 6 TOWNSHIP 31 SOUTH RANGE 39 EAST OBTAINED FROM U.S.G.S. QUAD MAP; SEBASTIAN, FLORIDA SITE LOCATION .MAP o N ~~ Ardaman do Assoctates~ Inc. ~ Geotschnical. Envlronmenfal and - Moterlals Consultants FlAPoOA UMRm CONTAMINATION ASSESSMENT D tooo 2000 CfIY OF SEBASTIAN PUBLIC WORKS FACILfIY SEBASTIAN, FLORIDA Q SCALE - t"=2000' QUADwWGIE LOCATION dar"~ er. K TAT BM MSE 4 26/06 MPgOYEy tK: ~~ n. OS 5443 ' ~2 ENTRANCE"' coM~ ,' ~_ss~"~E_aoc~xon~ ~ t _., . ..... _-,6~. '1 - - i :~. ~ ..t... S ~ ., ~ . . / ~ PPROPERTY BOUNDARY ~ ASPHALT i ~ ~ ' ~ ~ , '_ ~ RI~-~, ~ APPROXIMATE LOCATION ""~"'' •~~~ ~ . ~?s~ OF FORMER UST'S ~ ~ I '. I •~ iJ? ~ ~ ASPHALT ''' ~ sxar-' ,~ ~~ ~ , . -' fifi44 y1'Q ~ It. ~ / w-P ' '.t BUILD NG, ASPHALT ;v . - , ;~ , ~. /i .. _. ' 4~ ~~' ~ ~.,:.~~f ASPHALT ~ , ---- - ~.. _ ~ ~ _,,,,....: k.::. . M ~ , ~, ;. a .I ~'" 23 S ~ 'y;~ ..f.'; - ~ ~ . ASPHALT 1 - y, ~+ ~. .I - ~~ . _ , i 1 ' •REtENYlo1V ' , , '• ~: /~"' ..St- . I ~`~ i '~ ` -w-. 'rj +Ifi '.~4..., , f i ~ .} - . .. -.._ . . ~! :~`,~ emu:. ~- - ~ .r`, -- • :.~~-~; O K a N 0 30 60 SCALE: ~ "=60' GENERAL SITE PLAN ~~ Andaman do Associates, Inc. Gsoteahnical, Environmental and Materials Consultants UMffED CONITAMINATION ASSESSMENT CITY OF SEBASTIAN PUBUC WORKS FACILffY SEBASTIAN. FLORIDA DesAwN ~ TAT a~ BY: QaE: 4 26 06 _ FllE ND. APPROVEp BY: F1L11RE 05-5443 2 ,/r 1~ /^ r4w~ .f' ~. . ~~ ~ ~,~. c ~~~. ~. . +.~ ~ `~ ~~ ~ ~~ ..,a. .r,.,. ....~ . ! O AB_ ~_ ~ ~~ ~~... ~ .. ~~" AB-4 APPROXIMATE LOCATION ~'~~~~"~ OF FORMER UST'S I I -~I TH-1 IAB= AB-310 ~ o i O AB-1 '" ~~~ ~, •~.. ~ . ,• ~. ^' ~ +~ • o AB-s o -s ` re- t ~~ LEGEND N ® TH STANDARD PENETRATION TEST (SPT) BORING. LOCATION PLAN o BORING LOCATION w ~ ~~ Andaman. !IC Associates, Inc. z Geotachntcal, Environmental -and m c 15 ~ ~ AB AUGER BORING LOCATION Materials Consultants ° UMRID CONTAMINATION ASSESSMENT SCALE: 1 ~~=30' CftY OF SEBASTIMI PUBLIC WORKS FACILITY ,~ SEBASTIAN. FIARIDA 0 M ~~ a aa~rM ~= TAT ctEZ~e er: oNE: 1 4/04 ~n FlE Iq. MPrtOYFD Br nCURE .n 05-5443 .~ '~~~~ uETRERANS MEMORIAL °dVAY PROPERTY BOUNDARY t-~, . :_° a ~ ~ ~ AAW-11 ~ .1ar~, ~ MW-8 (~MW-7D . ~ -~. ~MW-2 GRASS I L -_J . ~vIW-1 ,., ., APPROXIMATE LOCATION OF FORMER UST'S - ~ ~L'L~. ,F~, ~. ~•t"- ~ . _. .1~•' . N Z . °m 0 15 30 SCALE 1"=30' 1 '~ 0 ~- MW-5 GRASS e MW-9 MW-10 MW-3 ~ .~.. APPROXIMATE LOCATION ~. OF AMERICAN. LEGION e ~ BUILDING ~MW-6~ FENCE MONITOR WELL LEGEND LOCATION PLAN ~' Andaman & Associates, Inc. -~ MW PERMANENT MONITOR WELL Ceotechntcal, Environmental ana Materials Consultants LOCATION ua1rT>_D coNratitlNAnoN assESSt~~1r CITY OF SEBA5T4W PUBUC WORKS FACILM SEBASTFAN, FLORIDA NOTE: °D" INDICATES DEEP WELL owrM m= TAT CIE sr• o~te 5 14 07 ~ tn. ~~ro~n er _ ~~ 05-5443 ~5 - PROPERTY BOl),NCJARY UETRERANS MEMORIAL WAY ~: ` '~ ~ ~ ...,.,._ MW-5(24.37/ 15.63)- t -~ MW-4(24.40/15.73) ~ '~ MW-9 , ~ MW-3(24.42/15.69) (24.45/15.57).~~ _ -~ MW-10~ ~ ~M 7D 24.88 15.0 (23.88/15.47) MW-8 24.7 I ( / ) ~ ( 7/15. )~ ~ APPROXIMATE LOCATION I ~MW-2 ~. OF AMERICAN LEGION GRASS ~ (24.89/15.80) BUILDING ~ ~6 6 MW-1 ~' ~;MW-6 (24.09/15.54) (24.64/15.87) ~ / ~• • , APPROXIMATE LOCATIOr~ OF FORMER UST'S .O ' • arlIGI1 1~,. ,.. 3G o is ao LEGEND SCALE: 1 "=30' s c~ Z m 0 "a 0 ~- MW PERMANENT MONITOR WELL LOCATION NOTE: "D" INDICATES DEEP WELL ( 24.89/15.80) RELATIVE TOP OF CASING ELEVATION (FT.)/ GROUNDWATER ELEVATfON (FT.) AT WELL LOCATION ~~1'S.70'~ INTERPOLATED GROUNDWATER TABLE ELEVATION CONTOUR (FT.) °~ ESTIMATED NEAR-SURFACE GROUNDWATER FLOW DIRECTION BASED ON ELEVATION DATA MW~1 1(24.35/15.44) GRASS FENCE WATER TABLE ELEVATION CONTOUR MAP - 5/9/07 ~7 Andaman do Associates, Inc. Geotachnteal, Environmental and Matadala Conaultartts uMrrm coNraMlrwnorl nssessMErlr CfTY OF SEBASTIAN PUBLIC WORKS FACIL.IiY SEBAST14N, FIARIDA a~ ~ 7Ar afca~n ar: o~: s 8 ~ ~. ~: 5 OS-5443 BDL BDL uETRERANS MEMQRIA~ WAY BDL - PROPERTY BQI~.NDARY BDL '^• _ BDL MW-11 .~ i ...... ,..~....,w. • ~ MW-5 GRASS 21.4 . .. ? BDL ' 235 • -~ MW-4 Bpi « BDL 120 125 BDL BDL eDL MW-9 21 s MW-3 DL .-- BDL 1.32 ~ MW-8 ~ ~MW-7D MW-2 ~. GRASS ~ BDL • BDL 41.7 ------J s.3 :~.;MW-6 ~vIW-1 4i.2 ~; , ~,,~ f • • APPROXIMATE LOCATION OF FORMER UST'S `. :~L~„ r t i ~ ~ ~ ~ ' ~ •• , l~•• ` LEGEND MW PERMANENT MONITOR WELL LOCATION ;I BDL BELOW TEST DETECTION LIMITS m FENCE N 0 15 30 SCALE: 1 "=30' ~ NOTE: "D" INDICATES DEEP WELL GROUNpWATER COC ~ CONCENTRATIONS z 10/26/06 AND 5/3/07 ~ ° BDL BENZENE(Ng/L) Ardaman 8c Associates Inc m BDL 4 TOLUENE(Ng/L) , . Gsotechnical, Environmental and 1.7 ETHYLBENZENE(Ng/L) Materials Consultants N 6.3 TOTAL XYLENES(~g/L) IJMCTED CONTAMINATION ASSESSMENT 41.2 •NAPHTHALENE(Ng/L) clTr of sE sESASTwiUe~oRton ics FAauTr y ~ auvm er. rnr c~a,~o av: one: s 1 a o7 J ~~ OS-5443 sw 6 MW-10 APPENDIX I Potable Well Survey 38 Miles 0 0.125. 0.25 0.5 0.75 1 Legend Petroleum Indicator Resutts' *' >1/2 MCUHAL • > 1/4 M CUHAL ^ <1/4 MCVHAI. ~ Not Detects Not Sampled Wrthin Previous Year ® Public Supply Wells (> 100,000 gpd) Tj'S Petroleum Facilities All Streets ' The lellowsnD menuuls wpa use for the Otlrdam litatobr ansyus Davene EmrLevene. loluen e, XSbrrse (TatMl. Napdraane Md W tnyl. TtM12 ug6Ehr(srtDE) Ezoa~n E7FPAATIdBNE OP HEAL Florida Department of Health Bureau of Water Programs Potable Well purvey CsGsnDM ihrs aod+d w for nfusrtat prtpeaaa any and n nIX to 4 eambuq n•Npal document Xryrslwaon rre mhmason Wnlanad haraN ~ k ~e esefs tnsn nsk The Florka Depadment oTHeaM end Ks apeMs Nswm no nssporulWSy Tor erry use a(tlts.n(amslmt eanhnedhenpe ratty MO reWOny NrAYpn N 1/28/2005 baa Indian River 3~ Latitude/Longitude:27,807748 -80.471325 8520271 DDMMSS: 27 48 27.8928 ~ 80 28 16.77 Sebastian City Public Works Number of large public well (>100,000 gpd) within the 1l2 mile: 0 100 Veterans.Memorial Way Number of small public and private wells within the 1/4 mile: 13 Sebastian, FL Signature: APPENDIX II Soil Boring Log ~fD Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems BoRnvG LoG Pane 1 of BoringNVell Number. Permit Number: FDEP Facility Identification Number: TH-1 318520271 Site Name: Borehole Start Date: 10/23/06 Borehole Start Time: 930 ~ AM r" PM SEBASTIAN PUBLIC WORKS End Date: 10/23/06 End Tme: 1030 ~ AM ~ PM Environmental Contractor. Geologist's Name: JASON MANNING,P.E. Environmental Technician's Name: ARDAMAN & ASSOCIATES ' Drilling Company. Pavement Thickness (inches): Borehole Diameter (inches): Borehole Depth (feet): ARDAMAN & ASSOCIATES NONE 3 12 Drilling Method(s): Apparent Borehole DTW (in feet Measured Well DTW (in feet after OVA (list model and Check type): SPT from soil masture content): 6.6 water recharges in well): NA FOXBORO r FID r PID Disposition of Drill Cuttings [check method(s)]: r Drum ~ Spread ~ Backfill ("' Stockpile ("" ether (describe if other or muHiple items are checked): Borehole Completion (check one): T" Well ~ Grout- ~' Bez<tonite j-v Baclcfill )"' p~~ (~~~) to -v ~N M m ~ 9 ~ ^ 'o rn W - ~ ~ ~ M v m C ~ Lab Soil and 3 ~a ~ ~ 3 m k ° ,~ ~ Z ~ Sample Description rn c~ Groundwater ~ '° v ' ~ ~ ~, H a a O ,~ (include grain size based on USCS, odors, y ~ sarn~e nu(mb er ~ ~ T = o ~ p < b ~_ staining, and other remarks) ~ c and or ~ D a . _ temporary screen ,. Interval) 1 SPT 2 6 <10 e10 <10 BROWN FINE SAND 2 SP D 3 SPT 2 6 <10 <10 <10 BROWN FINE SAND 4 5P D 5 SPT 2 6 ORANGE-BROWN FINE SAND • <10 <10 <10 SP M 6 7 SPT 2 6 <10 <10 <10 BROWN FINE SAND 8 SP W 9' SPT 2 6 <1p <10 <10 BROWN FINE SAND 10 SP W 11 SPT 2 6 <10 <10 <10 BROWN FINE SAND 12 ~ • SP W APPENDIX III Monitor Well Installation Records ~~ MONITOR WELL INSTALLATION RECORD LEAK-PROOF LOCKING GAP I FLUSH MOUNT STEEL HANDHOLE CONCRETE GROUND I CEMENT GROUT I 30/65 SAND SEAL 50LID THREADED PVC PIPE 20/30 SILICA SAND FILTER PACK SLOTTED THREADED PVC PIPE THREADED PVC END POINT _;____ 0.75' 0.5' ~- 0.25' 10' FILE N0. 05-5443 PROJECT: SEBASTIAN PUBLIC WORKS CLIENT: CITY OF SEBASTIAN WELL NO.: MW-8 DATE INSTALLED: OCTOBER 23, 2006 CREW SUPERVISOR: T. FOSTER WELL LOCATION: SEE FlGURE 4 PROTECTIVE CASING: (SIZE dt TYPE) N A CONCRETE PAD: (SIZE) 2' X 2' PVC PIPE: (SIZE dt TYPE) 2-INCH DIAMETER SCHEDULE 40 SEAL• (TYPE) 30/65 SAND FILTER PACK: (TYPE) 20/30 SAND SLOTTED PVC: (SIZE do TYPE) 2-INCH DIAMETER SCHEDULE 40, OA1-INCH':: SLOTTED CENTRALIZERS: , (NUMBER do LOCATION (S) ) - N/A TOTAL LENGTH OF PVC PIPE: 1.5 FT (BLS) TOTAL LENGTH OF SLOTTED PVC: • 10 FT (BLS) TOTAL LENGTH OF TAILPIPE: 0 5 FT' (gam) TOTAL DEPTH OF WELL: 12 FT (BLS) 0.5' N0. BAGS OF CEMENT: -T' 8 --I g"'-- N0. BAGS OF FILTER PACK: AMOUNT OF SEAL: 0.5' REMARKS: WELL INSTALLED USING 4 1 /4-INCH DIAMETER HOLLOW STEM AUGER. ~7Ardaman & Associates, Inc. 6eotechnical, Emrironmental and Moteriola Consultants WATER LEVEL READINGS: DATE: DEPTH BTOC: DEPTH BLS: DEPTH• DEPTH BTOC: DEPTH BLS: BLS =BELOW LAND SURFACE BTOC =BELOW TOP OF CASING ~3 MONITOR WELL INSTALLATION RECORD LEAK-PROOF LOCKING CAP FLUSH MOUNT STEEL HANDHOLE CONCRETE PAD GROUND SURFe CEMENT GROUT 30/65 SAND SEAL SOLID THREADED PVC PIPE 20/30 SILICA SAND FILTER PACK '~.-- 0.75' 0.5' -. 0.25' 10' FILE N0. : 05-5443 PROJECT: SEBASTIAN PUBLIC WORKS CLIENT: CITY OF SEBASTIAN WELL NO.: MW-9 DATE INSTALLED: OCTOBER 23 2006 CREW SUPERVISOR: T: FOSTER WELL LOCATION: SEE. FlGURE 4 PROTECTIVE CASING: (SIZE do TYPE) N A CONCRETE PAD: (SIZE) 2' X 2' PVC PIPE: (SIZE dt TYPE) 2-INCH DIAMETER SCHEDULE 40 SEAL• (TYPE) __ 30/65 SAND FILTER PACK: (TYPE) 20/30 SAND SLOTTED PVC: (SIZE, ~ TYPE) 2-INCH DIAMETER SCHEDULE 40, 0.01-INCH SLOTTED GENTRAUZERS: (NUMBER do LOCATION (S) ) N/A TOTAL LENGTH OF PVC PIPE: SLOTTED THREADED PVC PIPE TOTAL LENGTH OF SLOTTEDTPVC:S) TOTAL LENGTH OF TAILPIPE: (B~) TOTAL .DEPTH OF WELL5 FT (BLS) 12 FT (BLS) THREADED PVC END POINT 6., ~~- REMARKS: WELL INSTALLED USING 4 1 /4-INCH DIAMETER HOLLOW STEM AUGER. ~7Ardaman & Associates, Inc. Geoteehntcal, Errvironmental and Materials Consultants N0. BAGS OF GEMENT: N0. BAGS OF FILTER PACK:. 8 AMOUNT OF SEAL: 0.5' WATER LEVEL READINGS: DATE: DEPTH BTOC: DEPTH BLS• DEPTH- DEPTH BTOC: DEPTH BLS: BLS =BELOW LAND SURFACE BTOC = .BELOW TOP OF CASING MONITOR WELL INSTALLATION RECORD LEAK-PROOF LOCKING CAP FLUSH MOUNT STEEL HANDHOLE CONCRETE PAD GROUND SURFA CEMENT GROUT S0~/L65 SAND FILE N0. : 05-5443 • PROJECT: SEBASTIAN PUBLIC WORKS CLIENT: CITY OF SEBASTIAN .• , - __....._ 1' 0.5' 0.3' SOLID THREADED PVC PIPE 20/30 SILICA SAND FILTER PACK SLOTTED THREADED PVC PIPE 10' WELL NO.: ~ MW-10 DATE INSTALLED: APRIL 1.3, 2007 CREW SUPERVISOR: T. FOSTER WELL LOCATION: SEE FIGURE 4 PROTECTIVE CASING: (SIZE do TYPE) N A CONCRETE PAD: (SIZE) 2' X 2' PVC PIPE: (SIZE do TYPE) 2-INCH DIAMETER SCHEDULE 40 SEAL: (TYPE) _ ~ 30/65 SAND FILTER PACK: (TYPE) 20/30 SAND SLOTTED PVG: (SIZE do TYPE) 2-INCH DIAMETER SCHEDULE 40, 0.01-INCH SLOTTED CENTRALIZERS: (NUMBER d: LOCATION (S) ) N/A TOTAL LENGTH OF PVC PIPE: 1.8 FT (BLS) TOTAL LENGTH OF SLOTTED PVC: 10 FT (BLS) TOTAL LENGTH OF TAILPIPE: 0 5 FT (BLS) TOTAL DEPTH OF WELL: 12.3 FT (BLS) THREADED PVC END POINT -~:~ 0.5' s.. ~-T REMARKS: WELL INSTALLED USING 4 1/4-INCH DIAMETER HOLLOW STEM AUGER. ~~Ardaman & Associates, Inc. Geoteehnieal, EnvironmeMul and Natsricls Consultonts NO. BAGS OF CEMENT: N0. BAGS OF FILTER PACK: 8 AMOUNT OF SEAL• 0.5' WATER LEVEL READINGS: DATE: DEPTH BTOC: DEPTH BLS: DEPTH• DEPTH BTOC: DEPTH BLS: BLS =BELOW LAND SURFACE BTOC =BELOW TOP OF CASING 45 LEAK-PROOF - LOCKING CAP FLUSH MOUNT STEEL HANDHOLE CONCRETE PAD- GROUND SURFACE CEMENT GROUT - 30/65 SAND SEAL - SOLID THREADED- . PVC PIPE 20/30 SILICA' SAND FILTER PACK SLOTTED THREADED PVC PIPE MONITOR WELL INSTALLATION RECORD 1' 0.5' -~ 0.3' :•1 ~ t 0' 0.5 FT (BLS) TOTAL DEPTH OF WELL: 12.3 FT (BLS) THREADED PVC i:"~~::~ 0.5 END POINT I~~ ~- s~~ l~ REMARKS: WELL INSTALLED USING 4 1/4-INCH DIAMETER HOLLOW STEM AUGER. ~~ ~~Ardaman & Associates, Inc. Geotechnical, Environmental and Nateriols ConsuHanfs FILE N0. 05-5443 PROJECT: SEBASTIAN PUBUG WORKS CLIENT: CITY OF SEBASTIAN WELL NO.: ~ MW-11 DATE INSTALLED: _ APRIL 16, 2007 CREW SUPERVISOR: T. FOSTER WELL LOCATION: SEE FIGURE 4 PROTECTIVE CASING: (SIZE do TYPE) N A CONCRETE PAD: (SIZE) 2' X 2' PVC PIPE: (SIZE 6c TYPE) 2-INCH DIAMETER SCHEDULE 40 SEAL• (TYPE) 30/65 SAND FILTER PACK: (TYPE) 20/30 SAND SLOTTED PVG: (SIZE ~ TYPE} 2-INCH DIAMETER SCHEDULE 40, 0.01-INCH SLOTTED CENTRALIZERS: (NUMBER do LOCATION (S) ) N/A TOTAL LENGTH OF PVC PIPE: 1.8 FT (BLS) TOTAL LENGTH OF SLOTTED PVC: 10 FT (BLS) TOTAL LENGTH OF TAILPIPE: N0. BAGS OF CEMENT: N0. BAGS OF FILTER PACK: 8 AMOUNT OF SEAL: 0.5' WATER LEVEL READINGS: DATE: DEPTH BTOC: DEPTH BLS: DEPTH• DEPTH BTOC: DEPTH BLS: BLS =BELOW LAND SURFACE BTOC =BELOW TOP OF CASING it APPENDIX IV Well Sampling Logs and Field Equipment Calibration Records 47 GROUNDWATER SAMPLING LOG ,~ ~ ~~~ Ste. Ste. Y~ ~ - ~ ~ srTS WELL rlo: -~- 'Z,.. LOCATION: ~ ~t SAMPLE ID: /Iq (,~. 2, 4• ' t PURGING DATA DAlIi: ~~~ ~ r ~J vEtL D[AMETER C~)~ WELL VOLUME PURGE ~~ ~ DIAbffi'iER mdus . C ~ 1 W ~' sC~tFSN INTERVAL DEP1Tt1i . Q feet to 10. gfed STATIC DEPTH ~ r ~ ~ PURGfi PiIMP TYPE TO WATER f t ' ~ . : ELL VO only 6l1 oat ifappliable) a . LUMg AL WELL DBPIIi. -STATIC DEPTH TO W T~1 g WEU~ CP,PAC O ITY ~; R BAILER ~~/' ~~ ~ / EQUIPMEiV'f VOLUME PURGE: 1 ~( ~ l ~ fed - I foot) X ©, ! ~i,~. EQ MECff VOL = PUMP YOLUMB + INO C ~ f~ _ ~` :{ ~ . ~ • ~}~ ~ ? '~ (acily fill out if aQPGabloj APACITY X ~} '~ * ./ ,. i:I.oW cwt.[. VOLUME QJfiTALPUi~ORTUBiNG © DEPTHINTVFtL f ~ ~ALPVh>pORTUBINO PURGIIJQ t~ _ ~o~ ( eetj: v ~ ~ DFpIi{ IIQ WFlL.X i s Q DBPtT~ IIJITIAT&D AT: /+~ PURGIId(3 sr~D AT~• F .~d • TOTAL YOLUI~ PvRC~D (~z , O aLln,,ts T~ . PUROED . To Dlssocvao ~) PUROED RATS WAT814L PH . ~' ~~' ~~ (gpm) (°~ ~) ( cade mpg oc TURBIDITY (NTUtsj COLOR ODOR ~ K _ 3Y~1 t ~0 2 0 ~ al >,5 ~ ~. . /O N r=• ~ ~ -2 Z °ao~ i"=aba: L39'=ootK :*=also s==o37; ~.a~s; sue= . Fl): 1~"=Q0006S 3/i6"=a001~ 1/<"=0007. S%Ib"~a » I~• P= SAMP G DATA ~ ~ ~~ ~ SAMPL6R(S7 SICNA ~U~ ~ INITIATSDAT: FIFS.I~.FILTBRED: Y~ FII.TBRSI78 _F~ SAMPIti PRESGRVAT[ON LG yo~t /Ycl _ ~.as SI$" =0.016 SI~&DAT~ }~~ ~ f DUPLICATB: y INIfiNDED ANALYSIS ANDlOR ME'cIfOQ ti SAMPLING EQUD?MENT CODE i9/P MATERIAL, CODES: AG = Amber Glass; CG =Clear Glass; PE =polyethylene; Pp = po ro lme; S = Silicone; T = ToIle • O = Other S SA1~iPLING E ~ ~ 0. CODES: QUIPMENT APP =After Peristaltic Pump: B =Baiter, BP =Bladder Pus C Pa+ty) RFPP =Reverse Flow Peristaltic ~P. ESP =Electric Submctsible Fump; Pump; Sl1f = Stew Mct5od (Tubing Cn-avity pcainr 4T =Vacuum TtaP: 0 = Ohm CSPtc~,) ~~ Draft BPSS Variances FS 2200• ~ July 10, 003 Page 7 of & GROUNDWATER SAMPLING LOG s~at{~Ti ~~ . ~ STTB o~ ~~{~`~ `n` LOCATION: S r ~~ . WELL: NO: M v Y _ ~ SAMPLE D: DATE: ~- PURGING DATA P d ~~ ~ `~ wF~t ~~ ~ -~ scRe>;N INTERVAL DLAMEIER (~hcrk mss- DL4MB'IER(~ncha}. ~ D8P1~C I.2. fat Eo I{. Z[~ STATIC D6pIF[ PURG& P.[1Mp TYP WELL VOLUME PURG& 1 WELL YOLUM$ = TO WATER (feet}. ~j only fill oct if appliable) CfOTAL SVF.I.L DLrPTFi, -STATIC DEPTH TO WA OR BAILER: ~~,~'~ G T~ X WELL cAPACrrY _~ ~,~' ~t_ G~,3~ fed, ~ 0<<~3 ~ _ ~. ~~ ,x~-. EQUIPMFIVT VOLUME PURCB: 1 EQUIPMBi`]'P YOL = PUMP YOI.UMl;+('IUBLN(} CAPACITY ~ ~O6S ~ ` 1~ (only 5II nit itappliabk} x TUBING L&NGTH}+FLOW CELL vo[,uMs s e~+( g~IaulfootX feet)+ ~~ _ ~~ R11tTAL PUMP OR TfJBQ~IG ,ry F[NAL PUMP OR TUBII40 . D[s'P1TI IIV WELL (feetk ~ ~ t! ~i IN WELL. fat • PURG[NC} . PURGING ~~~ D~fH f~ F~ IMITATGD AT: ~ °T ~f g~D AT: 3 Q ~~ PTU~R~ 0[.UMS G~ va.tlly~ .v0~ PUR(~ ~ leek t. Tihffi PURafiD RATE WAS PB ~ ~. COND. p~~ ~ tat ~°+) (~ m®'L a ~ ~IDj~ c0[.o>a opOR ~~ei 1t t, m425 ~~' p. ~~ x ' 2,55 ~ , ~ - Cat g ~ ~;. ~a ~.~ ~ 7v Zz.a ,o. ~cR U r~. ~~Ca ~ O,~o ~ ~t? fQ~ ~~~~ ~f ~S . ~ !• 7 y a.~ G[. a ~ t ; ~/ ~ a, t 75 ... ; 0 .,,g 2~, y ~ t 1 ~.. ~ Fit t~ -'Y/./ ccltZ w~ Pc SAMPLEDBY(PRIN7~/ TION: PUMPORTUBING ~ * V DEP~IH TAI WEIL tat FIELD DECONCAMQIATION: ~ TI 3 ~ 3 L J I ~~ . . 1" nor 1.25" oor s" alb s" 037- ~" aQS- s" I.o2;. 6°=Lay, Iz"=sa: x•0006 J/16" s QOOI4. U4" =x0026 5/16" a ppp~ ~ ~w a Q ~ ' I/2° =O.OIQ 5/B" a U.UI6 SAMPLING DATA SAMPLER(S) SIGMA .. SAMPLBPUD,~ '.' uacTrA~$Dwr. ~QSPjI~ T 3 07 FLOwRATS mL ,~ - TUBII~G MATERIAL CODB:' . FLH2 .D-F'II.TIiI2IiD: Y N FII,'IE[~ sp8 ,~_ ~ DUPLICATE: Y N SM~[.G PRES&RVATION~ ~~~ YOLCIM B PRESERYATCiB US ~~ TUTAL VOL ANALYSIS AND/OR _ ~~-~ 1 L ED e /1/ FI) IN F1fiLD mL ~ MTi['IiOD CODE . ~ ~ ~ ~ ~~ ~~IPP ~ 02.E Ocale bIATERL4L CODES: AG =Amber Glass CG = Clear Glass; PE =Polyethylene; PP = PolyproQylene; S•= Silicone; T = Tetlen; O = Otha S SAMpIdNGEQUIPIKEryT ,;pp=AfterPaistaltic ~ PAY) CODES: RFPP = Revere Flow Peristaltic B =Bails; BP = Bladder Ptarp: ESP = Ela:t[ic Submrtsible Fume; Pump: Sl1I = S4aw Mcthnd (Tubing Gravity Drains 4T = Vactaun Trap: O = Ot6cr (Specify) Draft BPSS Variances FS 2200 July 10, 2003 ~~ Page 7 of 8 • GROUNDWATER SAMPLING LOG ~' ~~`'~ NAME: ~ Up ~. f ' Q LOCATION: 5 ~'~ , WELL NO: ~ J( { j s ~ `Q o v ` • v O ~ SAbfpLE ID: f ~V ~ ~ D ~- wra I PURGING DATA ATE: `~ORz"~ y . . DIAMETEK(~esk 2.- WEILVOLUMLPURGE;' Tuelxa D[AM6'Ig.R(~a~s} 1WELLY DElni{~f~ E( S~ TO ATfiR~I ~ r~ ~ PURCfi PUMP TYPfi , O only fill oat ifappliable) , OR BAILER '~3.j ~/~ LUME ALAIELLDEPIH. _ gTA.IgCDFTT(;TOWA • TER) X WELL CAPACIT °~ 4~••` Y X. ~ 8~0OS/fad 1~~MEN7'YO~ PURCB: lEQU1P14II+1YTPOL=PUMPYOLUMB+('TCIgQ~(}~gP~ =~7 xS-3,g3. aeP )• ~ TUBlrlc tfixGtx) +~OW c~LL voLVb,~ trrlTrAL P[R.0' oR TUBII4G ' = B>~+( g~faocx FINAL PUMP oR TUBIIQ(} feet)+ ~ ~ t7/•~~ ~ ~' 4a ~J DEP fEt Ilv wElt (~k ~ ~ ~ CUMUL. DF.PIEi IIV wEit.(feetk 9 r d DB ' ~~ ~ ~/ PUR4IIY(t 1 i IM'[7ATED AT: Q _ ! ENDED AT. "[ Z~ rorat voLUMs p~~ ~j TII~~ . YOLIIMB VOLUM$ 1 YI ti PUROB Tp DISSOLYI3D ~ k PUREED Z5 ~ ~ ~? i RATS Rfp'~$ PH ~• ~ OXYCBZI (gym) ) (code mg/L or ~ . TURBIDCfiC (~h~ COC.OR ODOR t - r~.5 f•S (,Z ~ " ©,Z ~,~ 7~ n . ~ 542 ~ . ~ ~ ~~t ~50 0,15 ~, ~;'p ~~ 5 ~~ r. : /G, v . ~~ I ~.. .~_... ~~~~~oaF ti7~=aoz ><"=aofi 1.l5"=ooti; s-=ate s^=o.~; ~^=eras; s==t. ]VBOY~G CAPAC.IIY (Inside Diameterin G+L/Ftk 1/i" = 0. Ox P =14F 11" 5 Bt ~6t 3/I6" =cools: 114" = 0 0 s ~r ED 02 Sits" SAMPLI DATA = 0 00~ 3B" = 00060 111" OOlO; SIB" 0.016 , . BY(P>aINI~,nF,~, orl: ~+l,/ ~ SIGNA ~ PIf1~ORTUBQd(i ~ ~~ ~~f ` ~fl Q .~'` [M'fIA'TSUAT: ~ ~'Q ~ DBF'Ili1NWFt ~ ENID +~~ 'I' °Cc r ~ FLOW RATS °~° T~~ FIfiL,DDECONTAMINATiO . N F g D MATBRIAL CODB. (~ . SAMPLB CONTAQJBR > . -FII.TSRED: Y N FII,TSRSL'B: __ ___!+m DVPLICATS: y N SAMPLED SPBGgZCATION SAMPIB PRESERVATION ~ MUlTBi41L YOLUM PRESERYATCVS ' ~~~ SAMPLING CODE CONTARJ[3tS COOS E TALVOL USFD TO FI1~fAi. ANALYSIS AND/OR E~ID?MENT /~~ n'14/' / t~ ~ C IN~,D mi N~t,~ . /lfoln < i`~cEtGD ~ OODIi ~ Mw -g 2 cG f'o~,t << , ,~ ~ ~Pl~ ~~~ ~. o ~Qzi ~~~o hL4TER:L4L CODES: AG =Amber Glass; CG =Clear Glass; PE -Po e SAMPLII+TG EQUIP ~' ~~: PP =Polypropylene; S = Silicone; T = Trllen; O =Other (Specify) CODES. ~~ APP = ARrr Pcristaltie Pump: B =Bailer, BP =Bladder R:FPP = Revere Flow Pctistaltic ~-P: ESP = Elechric Submein'61e Fump; Pump; Shi =Straw Method (Tubing Gravity Dais}, yT = YaCV~un Tap; O =Other (Specify) Draft BPSS Variances FS 2200 • V Q July 10, 2003 Page 7 of 8 GROUNDVI~TER SAMPLING LOG SITE NAME. ~~ ~~~~ ~ STIE ~ ~ ^T LOCATION: ~~ r . WELL NO: ~~ '„r SAMPLE IIk , t / ,,,.~ _ PURGING DATA • ~ TUBNG. ( WELLSC~HEtIQ.~,RY~ DIAMETER {mdies): ~ D[AMBTER «r t DEP1~{; ~ }- fat to I~ S fat ~AnC DEP'If; -fir PURGE PUMP TYPE WELL VOLUMEPUB;GE: 1WELd.YOLUM$" TowATER(reett}.!. ~ ORBAII,EIL• P~f~~~ only fill out if appfiable) (TOTAL WELL DEPTH - STATIC DEPTH TO WATER) X WELL CAPACITY (,~1 C EQUIPMFI`7T VOLUME PURG$: 1 EQUiPMEi`rf YOL =PUMP YOLUME+(1118, INt} ~{p~.. Q l ~~~ root Di~~• ~ ~ ~- i~ . s ~ I (~Iyfiu adid'appfiabLe LENGIT~+PI.owcel,LVOLUME ~,+ t+~1O05 ~~ 7 ~ r ~ sw Ra1T1A[. PUMP OR TUBING FINAL PLiMp ~.~~ ~~i/I/ DEPTH IN WELL (fxtk ~ ' ~ DEPTH DY WF1L.(fodk ~ PURGII~ / ~~ PURriII`k} TOTAL YOLUME • VOLUME DEP1T1 ! INlT7ATED A . , SM)ED AT: ~ 0 ~ p~~ (l~sk 3 '~,¢; ~ YOLUMH~ PURCffi TO DISSOLVED PURGED RA78 WA'I8~ pIi ~ Tom. ODNQ OXYGEN TURBIDCfY (! (ppm) (° ~ Grm6os) (drde mg/L a (~) COLOR ODOR P~oRTllsnJa ~ DEPTH >rrwrzt. sect FOsLD bBCONCAMINAT7 . SAMPLE SPBCI SA14'LE D f COOS CONfA7v ~'I I Mw•9 z- =0.Q1; 1"=0.04; LZS"=0.116 2"=Q16i 3"= FRk >~" s 0.000Q 3116" =0.0014: L{" = p p0~ SAMPLING A' y~ i 3AMPLBR(S) 3IGNATi1 r a ,c N 6 s°°I•~. 6"=1.47;- I2"= ~'=P•~ LL"=0010; c Q IMTTATBDAI~ ~' Qs7 f1~.. El~&~DAr •.~! 7UBBQG MAT'RItIAI.CODB:~ 1T. Y ~ . FII.TBRSIZB: -- -F~ DUPLICAIB: Y N SAMP LE?RBSSRVAT[ON ~~~ fATTYS TOTALYOL FIDk1L ANALYSIS AND/OR SAMPL[fiG EQCIIPMF Nt D F.[?IN~.D mL METf~D s CODE ~ Noy ~ 6~ ~ ~o PP hL4TERIAL CODES: AG = dumber ~~ CG =Clear Glass, PE =Po e 5.121~LIl+TG E l}' fie: PP =Polypropylene; S = Sificene; T = TaIloq O = Other (Specify) CODES: QUIPhfENT APP = After Peristaltic Pump; B = Banc, BP =Bladder RFPP = Reverse Flow Peristaltic ~'P: ESP = Elechic Submccu'ble Fumy: ~P: SM =Straw Method (Tubing Gravity Drain} ~T = Vacurun Trap; O =Other (Spicily) . Draft BPSS Variances FS 2200 July 10, 2003 ~ I Page 7 of 8 Form FD 9000-24 GROUNDWATER SAMPLING LOG SrrE Sebastlan Public Works SffE NAME: LOCATION: Sebastian FI WELL NO:MW-10 SAMPLE ID: MW-10 DATE: 5-3-07 PURGING DATA ~U- DIAMETER (inches): 2 TUBING WELL SCREEN INTERVAL STATIC DEPTH PURGE PUMP TYPE DIAMETER (inches): 3/8 DEPTH: 1 8 f t t 1 . ee o 1.8 TO WATE R (feet): 8.9 OR BAILER: PER ISTALTIC PUMP WELL VOLUME PURGE: only fill out if appligble) feet 1 WELL VOLUME _ (TOT L WELL DEPTH -STATIC DEPTH TO WATER) X WELL CAPACITY gallons ( 12.3 .feet- 9.1 feet) X 0.163 gallons/foot = 0.55 EQuiPMENT VOLUME PURGE 1 EQUIPMENT VOL PUMP VOLUME + (TUBING CAPACffY X (only fiIF out if applipbie) Na TUBING LENGTH) + FLOW CELL VOLUME _ gallons + ( gailons/foot X feet) + galbns = gallons INfTIAL PUMP OR TUBING FINAL PUMP OR TUBING PURGING DEPTH IN WELL (feet): 9.5 DEPTH IN WELL (feet): 9 5 IN PURGING TOTAL VOLUME . RIATED AT:11:11am ENDED AT:11:38am PURGED (gallons): 2.75 TIME VOLUME PURGED VOLUME PURGE D TO H PH TEMP COND. 'PURGED RATE WATER (standaro (cC) (NmlasPom DISSOLVED OXYGEN TURBIDITY COLOR ODOR (gallons) alions (9Pm) fee unNs) or ~~) (/~ ~~ or (NTUs) (describe) (descxibe) 11:20a 1 1 .11 8.9 6.8 26.3 402 20.0 % 19.1 CLR FUEL 11:30a 1 2 1 8 9 6 8 . . . 25.2 402 19.1% 140 rIR CI ICI 11:38a 0.75 2.75 .09 8.9 6.8 25.2 419 19.8% 7.4 = 0.02; 1" = 0.04; 1.25" = 0.08; 2" = 0.18; 3" = 0.3 1/8" = O.OODB; 3HB" = 0.0014; 1!4" = 0.0028; 5/18" _ SAMPI IN(~ Here = U.85; 5° = 1.02; 8" = 1.47;- 12° = 5.88 318" = 0.008; 1/2" = 0.010; 5/8" = 0 018 SAMPLED BY (PRINT) /AFFILIATK)N: TOM TAYLOR/ARDAMAN PUMP OR TUBING DEPTH tN WELL fee : 9.5 SAMPLER(S) SIGNATURES: .._`~ ~j SAMPL MP FLOW RATE mL minu 140 SAMPLING INITIATEDAT:11:39AM TUBWG MATERIAL CODE: HDPE SAMpLiNG ENDEDAT:11:40AM FIELD DECONTAMINATK)N: Y N FIELD-FILTERED: Y N FILTER SIZE Filtration Equipment Type. µm DUPLICATE Y SAMPL CONTAINER SPECIFICATION SAMPLE RRESERVATION INTENDED SAMPLING SAMPLE ID CODE MW-10 # CONTAINERS 1 MATERIAL CODE AG VOLUME 1L PRESERVATNE USED NONE TOTAL VOL DED IN FIELD mL FINAL H '°`~-YSIS AND/OR METHOD EQUIPMENT CODE NONE 6.7 8310 qpp MW-10 2 CG 40mL HCL NONE 6.7 8021 RFPP REMARKS: MATERIAL CODES: AG =Amber Glass; CG =Clear Glass; PE =Polyethylene; PP =Polypropylene; S =Silicone; T =Teflon; O =Other (Specify) SAMPLINGlPURGING APP =After Peristaltic Pump; B =Bailer, BP =Bladder Pump; ESP =Electric Submersible Pump; PP =Peristaltic Pump EQUIPMENT CODES: RFPP =Reverse Flow Peristaltic Pump; • SM =Straw Method (Tubing Gravity Drainl• yr . v=,.~,,,... r..,..- ., _ .,.~__ ,.._ _ _,. - --._. rr......~i The above do not constitute ail of the information required by Chapter 62-160, F.A.C. 2. STABILIZATION CRITERIA FOR RANGE QF VARIATION OF LAST THREE CONSECUTIVE READINGS (SEE FS 2212. SECTION 3) pH: ± 0.2 units Temperature: ± 0.2 °C Specific Conductance: ± 5% Dissolved Oxygen: all readings a 20% saturation (see Table FS 2200-2); tionaily, ± 0.2 mg/L or± 10% (whichever is greater) Turbidity: all readings <20 NTU; optionally ± 5 NTU or ± 10°10 (whichever is greater) ~~ Form FD 9000-24 GROUNDWATER SAMPLING LOG SrfE Sebastian Public Works Siff . NAME: LOCATION: Sebastian FI WELL NO:MW-11 SAMPLE ID: MW-11 DATE: 5-3-07 PURGING DATA WELL DIAMETER (inches): 2 TUBING DIAMETER (inches): 3/8 WELL SCREEN INTERVAL DEPTH: 1.8 feet to 11.8 feet STATIC DEPTH PURGE PUMP TYPE TO WATER (feet): 9.1 OR BAILER: PERISTALTIC PUMP WELL VOLUME PURGE: 'I WELL V LUME _ (TOTAL WELL DEPTH - STAT C DEPTH TO W,4TER) X WELL CAPACfTY only fill out if applicable) _ ( 12.3 feet - 9.1 feet) X 0.163 gallons/foot = 0.52 ailons EQUIPMENT VOLUME PURGE: 1 EQUIPMENT VOL. =PUMP VOLUME + (TUBING CAPACITY X TUBING LENGTH) + FLOW CELL VOLUME (only fill out if applicable) Na = gallons + ( gaitons/foot X ~ feet) + gallons = gallons INITIAL PUMP OR TUBING DEPTH IN WELL (feet): 9.9 FINAL PUMP OR TUBING DEPTH IN WELL (feet): 9.9 PURGING INfTIATED AT:11:50am PURGING ENDED AT:12:04Pm TOTAL VOLUME PURGED (gallons): 2.6 TIME VOLUME PURGED (gallons) CUMUL ~ VOLUME PURGED allons PURGE RATE (gpm) DEPTH TO WATER pH (standard units) TEMP (°C) _ COND. °m or µS/cm) DISSOLVED OXYGEN (drele mglL or °~ 3atufation TURBIDITY (NTUs) COLOR (describe) ODOR (describe) 11:56a 1 1 0.16 . 9.2 6.7 26.7 493 12.2 % 2.3 CLR NONE 12:OOa 0.8 1.8 .2 9.2 6.7 26.6 470 11 °i6 1.8 CLR NONE 12:04a 0.8 2.B .2 .9:2 6.7 26.6 473 13.1 °~ 1.6 CLR NONE WELL CAPACITY (Gallons Per Foot): 0.75" = 0.02; 1" = 0.04; 1.25" = 0.06; 2" = 0.1 B; 3" = D.37; 4" = 0.65; 5" =1.02; 6" =1.47; 12" = 5.68 TUBING INSIDE DIA. CAPACITY Gal./Ft : 1/8" = 0.0006; 3/16" = 0.0014; 114" _ 0.0026; 5/16" = 0.004; 3/8" = 0.008; 1/2" = 0.010; 5/8" = D.01B SAMPLING DATA SAMPLED BY (PRINT) !AFFILIATION: tOM TAYLOR/ARDAMAN SAMPLER(S) SIGNATURES- SAMPLING INRIATED AT:12:05PM SAMPLING ENDED AT:12:06PM PUMP OR TUBING DEPTH IN WELL feet : 9.9 SAMPLE PUMP FLOW RATE mL r minute • 140 .TUBING MATERIAL CODE: HDPE FIELD DECONTAMINATION: Y N FIELD-FILTERED: Y N FILTER SIZE: Filtration Equipment Type. Fun DUPLICATE: Y SAMPLE CONTAINER SPECIFICATION SAMPLE PRESERVATION INTENDED • ANALYSISAND/OR SAMPLING EQUIPMENT SAMPLE ID CODE !( CONTAINERS MATEWAL CODE VOLUME PRESERVATOE USED TOTAL VOL DDED IN FIELD mL -FINAL H METHOD CODE MW-11 1 AG 1L NONE NONE 6.7 8310 APP MW-11 2 CG 40mL HCL NONE 6.7 8021 RFPP REMARKS: MATERIAL CODES: AG =Amber Glass; CG =Clear Glass; PE =Polyethylene; PP =Polypropylene; S =Silicone; T =Teflon; O =Other (Specify) SAMPLINGIPURGING APP =After Peristaltic Pump; B =Bailer, BP =Bladder Pump; ESP =Electric Submersible Pump; EQUIPMENT CODES: RFPP =Reverse Fiow Peristaltic Pump; SM =Straw Method (Tubing Gravity Drain); VT =Vacuum Trap; RP =Peristaltic Pump O =Other (Specify) NOTES: 1. The atwve tl0 not: consiltuie all or ute mrormauon requsrea oy ~,napter oc-~ov, r.w.~,. 2. STABILIZATION CRITERIA FOR RANGE OF VARIATION OF LAST THREE CONSECUTIVE READINGS (SEE FS 2212. SECTION 3) pH: + 0.2 units Temperature: ± 0.2 °C Specific Conductance: ± 5% Dissolved Oxygen: all readings <20% saturation {see Table FS 2200-2); optionally, ± 0.2 mglL or ± 10% (whichever is greater) Turbidity: all readings < 20 NTU; optionally ± 5 NTU or ± 10% (whichever is greater) ~~ DEP-SOP:001/01 ~ Page _of .. FT 1000 General Field Testing and Measurement Field Instrument Calibration Records 5~ " ~~~~ ~~~ INSTRUMENT (MAKE/MODEL#) TC~a ~. ~~ INSTRUMENT~# PARAMETER: (check only one] ^ TEMPERATURE ^ CONDUCTIVITY ^ SALINITY ~ ^ ORP ^ TURBIDITY ~ ^ RESIDUAL CL ^ DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased) Standard A _ ~~~ 7"on~ SIN 6 L~~ 261 ~ 3 ~ ~~ .~ I s ~ C~. Standard B ~ ~ ~ 2.(;of3p5 ~; ~~ s~~~Rel~ ' Standard C DATE' TINfE STD D /mm/dd rmin 6 C ST .VALUE IIVSTRDWIEfVT ~ R~SpgN$E 96 DEV _ CALIBRATED ' , NO TYPE . INn', CONT) . SAMPLER INITIALS D ~ ~FI~ Z ~ ~, d ~7, a ~ ~ /Nt.?" I A ! Q ' p .~ ' ~7V 1 / ~r ~ ( ys Q ~ ~ /~/I 54 Page 6 of 7 Form FD 9000-8 (June 20, 2001) Revision Date: January 1, 2002 DEP-SOP-001/01 FT 1000 General Field Testing and Measurement Field Instrument Calibration Records Page _of INSTRUMENT (MAKE/MODEL#) ~~ ~~~ +~ INSTRUMENT # ~~~~ PARAMETER: (check only o e] ^ TEMPERATURE CONDUCTIVITY ^ SALINITY ^ pH ORP ^ TURBIDITY ~ . ^ RESIDUAL CL ^ DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased] StandardA O1Q1~T~J ~~~ /~ ~ ~6~ty~ ~"~tj'•t ~~ ~~l.Ot~ . Standard B Standard C DATE TINfE• STD D lmm/dd hrmin . A, 8 C ~ ST ..VALUE INSTRUMENT ~R~$I?CjN$E ~ ~ °~ DEV . Ci4LIBRATED (YES, NO) TYPE INIT, CO , NT) . SAMPLER INITIALS a -f ~ ~-6 Z34 ~ ~• A I ~ 4~ 79+ ~.~^ mac' ~N/ ~" . 55 Page 6 of 7 Form FD 9000-$ (June 20, 2001) Revision Date: January 1, 2002 DEP-SOP-001/01 Page _of FT 1000 General Field Testing and Measurement Field Instrument.Calibration Records INSTRUMENT (MAKE/MODEL#) I+"~ ~~~~~ ~f~~F~ INSTRUMENT # ~~~~ PARAMETER: check only oneJ l~f -'1 ~ ^ TEMPERATURE ^ CONDUCTIVITY ^ SALINITY ^ pH ^ ORP I~TURBIDITY ^ RESIDUAL CL ^ DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased] Standard A _ D,~~ .~'~ ~2j (M~R~' ~;~x`~~ Standard 6 ;•~.. ~G Form FD 9000-8 (June 20, 2001) Revision Date: January 1, 2002 REMARKS: DEP-SOP-001/01 Page _of FT 1000 General Field Testing and Measurement Field Instrument Calibration Records ~ ~ ~~~~~ .INSTRUMENT (MAKE/MODEL#) ~ -- ~ ~ INSTRUMENT # ~''`~~ PARAMETER: (check only one] ^ TEMPERATURE ^ CONDUCTIVITY ,'~ TURBIDITY ^ Sf~LINITY ~ pH ^ ORP ^ RESIDUAL CLL~~/DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased) Standard A _ 1 ~~ ~ ~ ~ (~ -~-~~~ Standar~ ~ ~%~ ~~ ~ REMARKS: 57 Form FD 9000-8 (June 20, 2001). Revision Date: January 1.2002 DEP-SOP-001/01 ~ Page _of FT 1000 General Field Testing and Measurement Field Instrument Calibration Records INSTRUMENT (MAKE/MODEL#) ~~ Ted `~ 3 ~' INSTRUMENT # ~ ~/ / PARAMETER: (check only one] ^ TEMPERATURE ^ CONDUCTIVITY ^ SALINITY ~H ^ ORP ~ TURBIDITY ^ RESIDUAL CL ^ DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard . values, and the date the standards were prepared or purchased] Standard A _t~~jZt Tplt1 5f~t,~,~` f !-~ 7 0' . Lai" 21~3/f.; , ~'~P. ,tAn~ ~~og - Standard 6 `~ •Y ~ ~ !-~ ~ Dl L.oT'Z eet3o~ gyp; , mpg Sfatidard~C QATE ~ J`(ME`; . STD STD':' INSTRUMENT CALIBRATED . TYPE SAMPLER m ' (td .: .~h~:' . ~ : A.'~ C .. • V -11E = REBPQN~E :96 D :.'.:.• . ES, NO -. - INII', CANT) iNITWLS REMARKS: 5& Form FD 9000-8 (June 20, 2001) Revision Date: January 1, 2002 DEP-SOP-001/01' Page _of FT 1000 General Field Testing and Measurement Field Instrument Calibration Records INSTRUMENT (MAKE/MODEL#) God -5 INSTRUMENT # ~~~5 PARAMETER: (check only one] ^ TEMPERATURE CONDUCTIVITY ^ SALINITY ^ pH ^ ORP ~,r] TURBIDITY ^ RESIDUAL CL ^ DO ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased) Standard A ©A(C7~+v ~ tN ~~ ~ ~{, d f co?`~Cx~ ~' S ~Kp. .,HIV o 2ot~ $ . Standard B Sfarirla~rl'r' REMARKS: 5q Form FD 9000-8 (June 20, 2001) Revision Date: January 1, 2002 DEP-SOP-001/01 Page _of FT 1000 General Field Testing and Measurement Field Instrument Calibration Records ~o INSTRUMENT (MAKE/MODEL#} F 5~lEar~r-tG.. 1 E NSTRUMENT # ~~~ S' . . PARAMETER: check only ones ^`~TEMPERATURE ^ CONDUCTIVITY ^ SALINITY ^ pH ^ ORP 4'~TURBIDITY ~ RESIDUAL CL ^ DO ^ OTHER STAiVDARDS: )Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased) Standard A ©~ r?Z ~ ~"(~, PRtI~~{(L.~ ~g~,~, Standard 6 Form FD 9000-8 (June 20, 2001) Revision Date: January 1, 2002 REMARKS: DEP-SOP-001!01 Page Hof FT 1000 General Field Testing and Measurement Field Instrument Calibration Records .INSTRUMENT (MAKEIMODEL#) Sl ~~ INSTRUMENT # ~ PARAMETER: (check only one] ^ TEMPERATURE ~ ^ CONDUCTIVITY ^ SALINITY ^ pH ^ ORP ~ TURBIDITY Q RESIDUAL CL ~O ^ OTHER STANDARDS: (Specify the type(s) of standards used for calibration, the origin of the standards, the standard values, and the date the standards were prepared or purchased) . Standard A /~ ~ ~ /~ /,~ ~f~.?"tl~ %l~ ~. Standard 6 _ ~ ~~ ~ ~~ REMARKS: ~~ Form FD 9000-8 (June 20, 2001) Revision Date: Jan~~arv T ~~(1~ APPENDIX V Laboratory Analytical Results of Groundwater Samples ~~ ~a PC&B Environmental Laboratories, Inc. - 210 Park Road, Oviedo, Florida 32765 Phone:407-359-7194 Fax:407-359-7197 11-02-2006 Jason Manning Ardaman & Associates 1300 N. Cocoa Blvd. Cocoa, FL 32922- Dear Jason Manning: Enclosed are the results of the analysis of your samples received 10/27/2006. Our laboratory is NELAP certified by the Florida DOH (Lab #E83239) and operates under an NELAP approved Quality Assurance Plan. Unless otherwise noted, all results are reported as received. All data were determined in accordance with published procedures (EPA-600/4-79-020), Methods for Chemical Analysis of Water and Wastes, Revised March 1983, or later and/or Standard Methods for the examination of Water and Wastewater, 20th Edition 1999, or later and/or Test Methods for Evaluating Solid Waste (EPA-SW-846, Revised January 1995, or later),.unless stated otherwise in our ComQapp under method modifications. Test results meet all of the, requirements of the NELAC Standards. If you have any questions, please do not hesitate to give me a call. Sincerely, r~B~t. W. ud ri Rogers III Quality Assurance Officer L3 Page ~ of , r PC&B Environmental Laboratories, Inc. ~~a Laboratory Reference Number :206100271 - 210 Park Road, Oviedo, Florida 32765 Phone:407-359-7194. Fax: 407-359-7197 Client : Ardaman & Associates Contact : Jason Manning 1300 N. Cocoa Blvd. Phone : (321) 632-2503 Cocoa, FL 32922- . Project Name :Sebastian Public Works Project Number :055443 Chain of Custody : Sample temperature at time of receipt: 4 degrees C Laboratory ID Matrix Client ID Status Date~me Sampled 206100271-1 Water MW-8 RUN 10/26/2006 00:00 206100271-2 Water MW-9 RUN 10/26/2006 00:00 206100271-3 Water MW-2 RUN 10/26/2006 00:00 206100271-4 Water MW-3 ~ RUN 10/26/2006 00:00 Number Parameter Description 4 EPA 8310 PAH's by HPLC 4 EPA 8021 by 8260 Volatile Organics ~y Page Z of PC&B Environmental Laboratories, Inc. 210 Park Road Oviedo, FL 32765-8801 Phone: 407-359-7194 FAX: 407-359-7197 Client Name: Ardaman & Associates Project Name: Sebastian Public Works Project Number: 055443 Date Received: 10/27/2006 Lab Reference Number Client Sample ID . Date Sampled Met hod Sample Matrix (as Received) EPA 8310 Date Extracted EPA 8310 Date Analyzed -EPA 8310 Dilution Factor EPA 8310 Acenaphthene ug/1 EPA 8310 Acenaphthylene ug/1 EPA 8310 Anthracene ug/1 EPA 8310 Benzo(a)anthracene ug/1 EPA 8310 Benzo(a)pyrene ug/1 EPA 8310 Benzo(b)fluoranthene ug/1 EPA 8310 Benzo(ghi)perylene ug/1 EPA 8310 Benzo(k)fluoranthene ug/1 EPA 8310 Chrysene ug/1 EPA 8310 Dibenzo(ah.)anthracene ug/1 EPA 8310 Fluoranthene ug/1 EPA 8310 Fluorene ug/1 EPA 8310 Indeno (1,2,3-c, d) pyrene ug/1 EPA 8310 Naphthalene ug/1 EPA 8310 1-Methyl naphthalene ug/1 EPA 8310 2-Methyl naphthalene ug/1 EPA 8310 Phenanthrene ug/1 EPA 8310 Pyrene ug/1 EPA 8310 SS_Decafluorobiphenyl ug/1 Date Extracted Date Analyzed• • Dilution Factor EPA 8021by 8260 Benzene ug/1 EPA 8021by 8260 Ethylbenzene ug/1 EPA 8021by 8260 Toluene ug/1 EPA 8021by 8260 MTBE ug/1 EPA 8021by 8260 m&p-Xylenes ug/1 EPA 8021by 8260 o-Xylene ug/1 EPA 8021by 8260 SS_1,2-Dichloroethane-d4 ug/1 EPA 8021by 8260 SS_Toluene-d8 ug/1 EPA 8021by 8260 SS_4-Bromofluorobenzene ug/1 3~~? (~5 206100271-1 206100271-2 206100271-3 MW-8 MW-9 MW-2 10/26/2.006 10/26/2006 10/26/2006 Water Water Water 10/30/2006 10/30/2006 10/30/2006 10/31/2006 10/31/2006 10/31/2006 1 1 1 0.52 U 5.73 6.84 0.45 U 26.80 10.30 0.04 I 0.47 0.03 I 0.02 U 0.02 U 0.02 U 0.03 U 0.03 U 0.03 U 0..01 U 0.01 U 0.01 U 0.05 U '0.05 U 0.05 U 0.02 U 0.02 U 0.02 U 0.03 U 0.03 U 0.03 U 0.20 U 0.20 U 0.20 U 0.03 U 0.78 0.03 U 0.16 I 1.67 0.68 0.04 U 0.04 U 0.04 U 1.32 125.00 21.90 1.10 19.90 17.00 0.20 I' 19.00 4.71 0.06 U 3.78 0.06 U 0.08 U 0.08 U 0.08 U 86.2 61.5 60.6 10/30/2006 10/30/2006 10/30/2006 10/30/2006 10/30/2006 10/30/2006 1 1 1 1.0 U 21.4 1.0 U 1.0 U 235.0 120.0 1.0 U 1.0 U ~ 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 1.0 U 104.0 98.0 108.0 100.0 104.0 94.0 90.0 100.0 92.0 ~O~O `l of ? 206100271-4 MW-3 10/26/2006 Water 10/30/2006 10/31/2006 2 5.20 11.60 0.12 0.05 U • 0.06 U 0.03 U 0.10 U 0.05 U 0.07 U 0.40 U 0.24 0.74 0.08 ' U 41.20 15.60 • 20.60 0.12 U '0.16 U 60.0 10/30/2006 10/30/2006 1 1.0 U 41.7 1.0 U 1.0 U 6.3 1.0 U 112.0 104.0 96.0 ~~ oT Quality Control Report for LCS Analysis Volatile Organics Matrix: Water ~ Analysis Date: 10/30/2006 Lab Sample ID: LCS Preparation Date: 10/30/2006 QC Batch ID: 200610MS3064 Method• EPA 8260 LCS Units; ug/I ~ ~ Analyst: KN Lower Upper Analyte ~ LCS LCS Percent Control Control Benzene Conc Result Recovery ~ Limit Limit Carbon tetrachloride 50.0 50 0 50.0 100 74 130 Chlorobenzene . 50 0 47.0 94 67 130 1,4Dichlorobenzene . 50 0 52.0 104 75 125 1,1-Dichloroethene . 50 0 48.0 96 75 128 Ethylbenzene . 50 0 48.0 96 67 130 Toluene . 50 0 .52.0 104 77 123 Trichloroethene . 50 0 52.0 104 72 129 m & p-Xylene . 100 0 50.0 100 71 130 o-Xylene . 50 0 98.0 98 74 123 . 48.0 96 69 123 ~' PC&B Environmental Laboratories, Inc. ~ O F LabForms LIMS Quality Control Report for LCS Analysis PAH's by HPLC . Matrix: Water Analysis Date: 10/31/2006 Lab Sample ID: LCS Preparation Date: 10/30/2006 QC Batch ID: 200610PAH041L Method• EPA 8310 LCS Units: ug/l Analyst:• RM Lower Upper LCS LCS Percent Control Control Analyte Conc Result Recovery Limit Limit Acenaphthene 50.0 36.3 73 40 131 Acenaphthylene 25.0 24.2 97 45 13T Anthracene 1.0 0.8 80 44 132 Benzo(a)anthracene 2.5 2.6 104 51 133 Benzo(a)pyrene 2.5 2.6 104 52 132 Benzo(b)fluoranthene 1.0 1.0 97 53 135 • Benzo(ghi)perylene 4.0 ~ 4.6 115 45 136 Benzo(k)fluoranthene 1.0 0.8 80 51 134 Chrysene 2.5 2.5 100 52 135 Dibenzo(ah)anthracene 10.0 8.6 86 53 136 Fluoranthene 2.5 2.4 96 55 130 Fluorene 5.0 4.1 82 40 126 Indeno (1,2,3-c,d) pyrene 2.5 2.3 92 50 130 Naphthalene 25.0 21.0 84 42 128 1-Methyl naphthalene 10.0 9.4 94 50 12D . 2-Methyl naphthalene 10.0 8.6 86 50 120 Plienanthrene 2.0 1.6 80 38 142 Pyrene ~ 5.0 5.2 104 52 129 ~ .~ ~ PC&B Environmental Laboratories, Inc. LabForms LIMS ~ ~O 00 ~] Q1 Vi ~ W N r+ ~' m ~' a n N "~ _ ~ .~ 1~ ~ ~ ~ ~` ~. ,. ~ ~ z ~ ~n, ~~ ~ ~ ~ ti w ~ ro `~ ~. ~ w o ~o ~ 1 1 ~ ~ ~xC ~ ~~- ~,~_~ N ~ a p, ~P y ~ ~ ~' ~ ~ ~ 0 ~~ ~ w a w~ w ~ ~ 2 c ~ ~ ~ t~ A r ~N~r ~1 O ~.. en v 1 ~ O' ~ ~ ~ vi -'S ti o ~ `° ~ "_ 1 b 0 ~ ~ -~r. w• 0'4 ~ 1 ' ~ ~ ~ vn ~~ ~ I~ ~ ~ ~ ' o .~ .~ ~ x ~ r Z w z Q ~ o~ ^~ ~ w l1 cr' ~ ~~y T y' ~ .F'i C~ V1 V N Q'~ ~ C .~..Fy~ Q ~ \ 1 O r~ ~~r~yy ~_ ~ ~ ~ `G w ~ ~ z A `d w ~~ ~ ~ ~ ~ O ~ ~ C~ ~ O ~ ~ II ~, ~ ~ x o ~ x p db ~ ~ l / ~ ~• ~ ~+ O dG r~ ~ ~ ~ Z7" ~ ~, s~ ': ~ t ~~ ~ ~ ~ N Cam., ~ S! ~ ~ f C ` o c - ri ~;'*°~[' 7;F„~~ ~~.s i ~r y 4 ~ ,~~+'.~'~ •r ,~' r ~ ~ ~• ra c CT [~ :9 s~ \V'1 Y f 4tI t j f. O F ~~~ Ya L PC.&B Environmental Laboratories, Inc. ~a - 210 Park Road, Oviedo, Florida 32765 Phone:407-359-7194 Fax:407-359-7197 OS-10-2007 Jason Manning Ardaman & Associates 1300 N. Cocoa Blvd. Cocoa, FL 32922- Dear Jason Manning: Enclosed are the results of the analysis of your samples received 05/08/2007. Our laboratory is NELAP certified by the Florida DOH (Lab #E83239) and operates under an NELAP approved Quality Assurance Plan. Unless otherwise noted, all results are reported as received. ~ All data were determined in accordance with published procedures (EPA-600/4-79-020), Methods for Chemical Analysis of Water and Wastes, Revised March 1983, or later and/or Standard Methods for the examination of Water and Wastewater, 20th Edition 1999, or later and/or Test Methods for.Evaluating Solid Waste (EPA-SW-846, Revised January 1995, or later), unless stated otherwise in our ComQapp under method modifications. Test results meet all of the requirements of the NELAC.Sfandards. If you have any questions, please do not hesitate to give me a call. Sincerely, . Ju n Rogers I Quali ssurance Officer Page ~ of 71 PC.&B Environmental Laboratories, Inc. i8 - 210 Park Road, Oviedo, Florida 32765 Phone: 407-359-7194 Fax:407-359-7197 Client : Ardaman & Associates 1300 N. Cocoa Blvd. Cocoa, FL 32922- .Laboratory Reference Number :207050058 Project Name :Sebastian Public Works Project Number Sample temperature at time of receipt: 3 degrees C Laboratory ID Matrix Client ID Contact : Jason Manning Phone : (321)632-2503 Chain of Custody : .St8fl1S Ih~c /Ti..,n Q~.,....I-J ~u i u5uu5~-~ Water MW-10 207050058-2 Water MV11-11 - ...wn ~N~c~a RUN 05/03/2007 11:40 RUN 05/03/2007 12:06 Number Parameter Description. 2 EPA 8310 PAH's by HPLC 2 EPA 802.1 by 8260 Volatile Organics ~z Page Z of PC&B Environmental Laboratories, Inc. ' 210 Park Road Oviedo, FL 32765-8801 407-359-7194 - (FAX) 407-359-7197 . Case Narrative Jason Manning Ardaman & Associates 1300 N. Cocoa Blvd. Cocoa, FL 32922- CASE NARRATIVE for Work Order: 207050058 Project Number: Project Name: Sebastian Public Works This Case Narrative is a summary of events and/or problems encountered with this Work Order For samples requesting EPA 601/602./8021 analysis, the GCMS method EPA 624/8260 was substituted in order to generate the highest quality data possible at no additional cost. Definition of Flags A - Value reported is an average of 2 or more determinations DL = No surrogate result due to dilution or matrix interference. H = Value based on field kit determination, results may not be accurate I = The reported value is between MDL and PQL J = Estimated Value, value not accurate. J1 = Estimated value surrogate limits have been exceeded J4 = Estimated value matrix interference K = Off scale low L = Off-scale high. Actual value is greater than value given. Above calibration curve. M = Presence of material is verified but not quantified. Should be lab PQL N = Presumptive evidence of presence of material Q = Sample analyzed beyond the accepted holding time. T = Value less than the lab MDL T2 = Analysis from an unpreserved or improperly preserved sample - V = Analyte was both detected in the method blank and sample. Y = Analysis from an unpreserved or improperly preserved sample Page 3 of ~ ~3 ......... .r .... .........i..,....v._.... Xrs...~. J:1:.~.'Jti.r..,.;R~.:~. ~"tiSG. PC8,B Environmental Laboratories, fna 210 Park Road Oviedo, FL 32765-880i PHONE: 407359-7194 FAX: 407-359.7197 Lab Reference Number : Client Sample fD Date & Time Sampled ; Date & Time Extracted ; Date & Tlme Analyzed ; Sample Matrix (as Received): Analysis Confirmed : Dihetion Factor : MW t0 05/03!2007 11:40 05/08/2007 16:49 05/08/2007 16:49 Water GCMS t CLIENT NAME: Andaman 8 Associates PROJECT NAME: Sebastian Public Works PROJECT NUMBER: DATE RECEIVED: 05/0812007' ANALYTICAL PROTOCOL: EPA 8021by 8260 ~~~ Analyse Report ofAnatys(s Volatile Organics 4:0 4.0 -Benzene Chlorobenzene ResultsslFlag 10 7 Units o ~o Conf Analyst 4.0 1,2-Dichforobenzene , 1.0 U ug/ ug/t 20 KN 4.0 4 0 1,3-Dichlorobearene 1.0 U ug11 20 ~ KN . 4.0 1,4-Dfchlorobenzene Ethylbenzene 1.0 i 0 U ~~ 20 KN KN 4.0 Toluene . 34.3 U ugn gn 20 KN 4.0 4.0 MTBE m3~p-Xylenes 1.0 1 0 U U ~ ~ 20 20 KN KN 4.0 o-Xylene . 1.2 1 u u~ 20 KN (Burr) f,2-Dichloroethane-d4 (~) U ug 20 ~ {Sure) Toluene-d8 (96) ~ ~ % KN (Surf) 4-Bromofluorobenzene (%} 98 20 KN 88 ' % 20 ~ KN U =Undetected. 'the value preceedin9 fhe'U' is the MDL for the anaiyfe, based on dilution, Results reported an a {Net Weight basis. e Eca Eon Reviewed by ; Page L( Of 7~ .'%R':tif~lA~JJf::. /:1ti`.k7h': r :Y}:`.\'.•:• 'i •~. n':'..::'::{'::t.. . .. .... ... ..... ,. .. ......~t:S. ..: r;•%. ,. ':i:':4:i:[rrv~{:];:i~:~`av.{;;i::~;r..':.if.G~~.,~;~::C:Stn.{::A1.8'ti:::n'ic:' PC&B Environmental Laboratories Ina 210 Park Road Oviedo, FL 32765-$801 , Report of Analysis • Volatile Or anics g CLIENT NAME: Ardaman & Associates PROJECT NAME: Sebastian Public Works PHONE: 407359-7194 ~ PROJECT NUMBER: FAX: 407359-7197. DATE REGEIVED: 05/08/2007 Lab Reference Number : ANALYTICAL PROTOCOL.: EPA 8021 by 8260 Client Sample lD : 207050058-2 Date & Time Sampled : Data 8, Time Extracted : ~-11 05/03/2007 12:06 Date & Time Analyzed : 05/08/2007 16:08 Sample Matrix (as Received): 05!0812007 16:08 Water Analysis Confirmed : GCMS Dilution Factor : PQL Analyte 4.0 Benzene Results/Flag Units °~ Conf Analyst 4.0 Chiorabenzene 1.0 U ug/I 20 KN 4.0 1,2-Dichtorobenzene t.0 U ugll 20 KN 4.0 1,3-Dichlorobenzene f .0 U ugll 20 KN 4.0 1,4-pichlorobenzene 1.0 U ug/1 ~ 20 KN 4.0 Ethylbenzene 1.0 U ugll 20 KN 4.0 Toluene 1.0 U ugA 20 KN 4.0 MTBE f.0 U ug/I 20 KN 4.0 m8~.p-Xjrtenes 1.0 U ug/F 20 KN 4.0 o-Xylene ~ !•0 Lf ugll 20 KN • (Surr)1,2-Dichtoroethane-d4 (%} 1.0 U ugh 20 KN, (Burr) Toluene-d8 (%) ~2 °/" 20 KN (Sure) 4-Bromoftuorobenzene (°~) 92 % 20 ~'- ~ °A 20 KN U =Undetected. The value preceeding the `U' is the A4DL for the analyteQbased on dilution. Results reported on a Wet Weight basis. Reviewed by Page ~ of ~$ ~s PC&B Environmental Laboratories Inc , . 210 Park Road Report of Analysis ' CLIENT NAME: Ardaman & Associates Oviedo, FL 32765-8801 PAH s by HPLC PROJECT NAME: Sebastian Public Works PHONE: 407-359-71 s4 PROJECT NUMBER: FAX; 407-359-7197 DATE RECEIVED: 05/08/2007 Lab Reference Number ANALYTICAL PROTOCOL: EPA 8310 Client Sample I ~ 207050058-1 207050058-2 \ Date/Tivne Sampled MW-10 MW-11 Date/Tirne Extracted 05/03/2007 11:40 05/03/200712;06 DatelFitne Analyzes} 05/08/2007 11:00 05/08/2007 11:00 Sani le p P7latrix (as Received) 05/09/200718:16 ,05/09/200718:38 Analysis Confirmed Water Water Dilution Factor No No Result Units POL 1 ug/I 1 Acenaphthene 2 00 ug/I Acenaphthylene . 1 80 0.52 U 0.52 U Anthracene ' 0 08 0''45 U 0.45 U ~ Benzo(a)anthracene ' 0 09 0.02 U 0.02 U Benzo(a)pyrene . 0 12 0.02 U 0.02 U Benzo(b)fluoranthene . 0 06 0.03 U 0.03 U Benzo(ghi)perylene . 0 21 0.01 U 0.01. U Benzo(k)fluoranthene . 0 10 0.05 U 0.05 U Chrysene . 0.13 0.02 U 0 03 U 0.02 U Dlbenzo(ah)anthracene 0.80 . 0 20 U 0.03 U Fluoranthene 0.11 . 0 03 U 0.20 U Fluorene Indeno (1,2,3-c d) pyrene 0.55 . 0.14 U 0.03 U 0.14 U , Naphthalene 0.16 0.04 U 0.04 U 1-Methyl naphthalene 1.20 0 47 0.29 U 0.29 U 2-Methyl naphthalene . 0 67 0.12 U 0.12 U Phenanthrene . 025 0.17 U 0,17 U Pyrene 0.06 U 0.06 U (Surr) Decafluorobiphenyl (°~) 0.31 0.08 U 0.08 U 114 20 U =Undetected. The value receedin the'U' is the MDL for the anal e, based on dilution. Results re orted on a Wet Wei ht basis. NELAP- FDOH Certification # E83239 Reviewed by Page ro of -7~ Quality Control Report for Spike/Spike Duplicate Analysis . Volatile Organics Matrix: Water Analysis Date: 05/08/2007 Lab Sample ID: MW-MS Preparation Date: 05/08/2007 QC Batch ID: 200705MS3017 ~ Method: fPA 8260 Spike Units: ug/l Analyst: KN Spike MSD Analyte Spike Sample Spike Percent MSD Percent ar on a rac on e Amount Result Result Recovery Result Recovery RPD Chlorobenzene 1 4-Dichlorobenzene 50.0 0.0 50.0 100 50.0 100 0 , 1,1-Dichloroethene 50.0 50 0 0.0 0 0 50.0 100 50.0 100 p Ethylbenzene . 50.0 . 0.0 48.0 48 0 96 96 50.0 100 4 Toluene 50.0 0.0 . 49.0 g8 47.0 49 0 g4 98 2 Trichloroethene 50.0 0.0 48.0 96 , 48 0 96 0 m&p-Xylenes 100.0 0.0 103.0 103 . 101.0 101 2 o-Xylene Benzene 50.0 0.0 49.0 98 50.0 100 2 50.0 0.0 49.0 98. 47.0 g4 4 Quality Control Limits Lower Upper Analyte Limit Limit RPD ar on a rac on e Chlorobenzene 66 136 13 1,4-Dichlorobenzene 66 137 18 1,1-Dichloroethene 51 142 15 Ethylbenzene 66 133 15 Toluene 64 137 16 Trichloroethene 61 143 17 m&p-Xylenes 62 135 17 o-Xylene 56 139 15 Benzene 63 141 14 PC&B Environmental Laboratories, Inc. ~ D ~ 8 LabForms LIMS H e d ~. m ~o p a. ~~ N ~ n v b 'OQ IN O I~ i.a O "Ct ~e . ~_ ~ 0 ~ .~ ~ ~ ~ ~ ro ~ y - ~, ~ 7_{~ ~ ~ i x~~5, ~~ r4 ie ~ 11 1®~ I vim, H O ~ c Cn d'-~ vi ,ter o b _' ~ ~• ' ~ ~ av ~,_. _~„ b~ .. ~, 0 C b 0 bo d~ b rt la (~ ~ N w .:~ ~ ~ A G' bb ~. f9 v dQ }, ~ p; rw-r O n ~-, ~D oo .~ O~ ch .p w N ~... ~ ~ ~ .9 a n 0 _ ~ ., ~ a ~ .. ~ °. ~~ ~~ ~ ~ ~ o S ~ ~ ~. ~~~ ~ ~ ~ ,~ c ~.; ~ b ~~ ~ ~` ~' - ~ a _' ~ S z c ~ d~ ~ a ~ ~ ~, ~ ~ ~~.~ ~ V ~. a ~ ~ x ~ ~~~~ ~ ~ ~ ~ ~'. C] ~ o '~^ ~ o ~ ~ a' ,~ w O ~ ~ ~ i~ ~y.. M ~ PP .f'"D ~l ~ /~ Ir• ~ ~ ~ y ~ o N !"~I ~ ~ n v ~ s ~. Z r z ~ z ~ 'b ~ ~ ~ °~ n ~ ~ ~~ ~, o ~<' H .s ~ ~ fA ~y~ y ~ ~ ~ x ~t O ~ A . y;F ~ ~ ~+ S0. - ~e 0., .~ ~a ~..~~ ~c ~0 ° ~ `~1 v. ~. , f ~ - ~ ` L ~ C7 '. ~/ r7i ..'~ O O O .Si ~ ~E°i- .. ~ ~ j~l '`I ~ ~ a `..~ ~~ t `, ~ I y 0. ~ l ~~ -. z CI.C7 ~l .~~ o cm or ~~ ~ ~.`~l Ffid31AE OF P~t,PC,AAI i51.ANL"i AGENDA TRANSMITTAL Subject: Agenda No. ~?. I ~' 7 _ Proposal for providing design, survey, and construction bidding /administration /inspection Department Origin' En ineering ~~ ' work for two (2) long-span prefabricated steel frame Finance Dept.: pedestrian brid es. City Attorney: City Clerk: ~~- Ap rove Submittal by: Date Submitted: fC ~A -~ For Agenda of: ~o october•'o7 A er, ity Manager Exhibits: Proposal Package from Neel-Schaffer EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: FY 2007-08 DST FUND - $200,000 Not to Exceed $56,000 FY 2003-04 DST FUND - $148,000 $0 SUMMARY Under the existing services agreement with Neel-Schaffer, the City has requested a proposal for the design, related survey work, and construction bidding, administration, and inspection work for two (2) pedestrian bridges, one directly adjacent to the bridge on Barber Street over the Collier Canal at Hardee Park and one directly adjacent to the Periwinkle Bridge over the Elkcam Waterway. The City has five main roadway bridges: one with good pedestrian access (on Englar over the Collier Canal); one with currently workable access but needing improvement (Fleming Street over the Collier Canal); and three with no adequate separate pedestrian access (on Barber Street at Hardee Park, on Periwinkle crossing the Elkcam Waterway, and on Barber Street crossing the Elkcam Waterway between Concha and Joyhaven). The two locations proposed in this agenda transmittal are chosen as priority locations due to immediate need, particularly by the many resident pedestrians /bicyclists accessing Hardee Park and the number of school bus students using the Periwinkle Bridge. Existing bridges at both those locations currently have no or very little dedicated pedestrian way. Initial preparatory studies leading up to this proposal indicate long-span steel frame bridges are the most suitable types in these situations because they can be kept separate from the existing roadway bridge structures, they will not impact canal water flow, navigation or dredging /construction operations, they will be more easily maintained, and there will be no stormwater regulatory permitting required. The Neel-Schaffer proposal outlines the schedule of rates being utilized for a total overall proposed cost NOT TO EXCEED $56,000. Staff has reviewed the initial study findings and this proposal at length with Neel-Schaffer and now recommends the City accept same and go forward with the design and construction of two (2) long-span prefabricated pedestrian bridges, one at the Barber Street roadway bridge crossing Collier Canal at Hardee Park and one at the Periwinkle roadway bridge crossing the Elkcam Waterway. RECOMMENDED ACTION Move to approve acceptance of the proposal from the engineering firm of Neel-Schaffer to provide pedestrian bridge design, survey, and construction bidding, administration and inspection work as outlined in the attached proposal for a total amount not to exceed $56,000. 80 Barber Street/Periwinkle Avenue Pedestrian Bridge Design City of Sebastian Prepared by ~~ NEEL--SCHAFFER 1201 19~' Place, Suite A-100 Vero Beach, FL 32960 October 2, 2007 A/ ~~ ~~~ NEEI-SCRAPPER _ Soluslons you con but/d upon October 2, 2007 Mr. David Fisher City of SebastiaNCity Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Fisher: RE: Pedestrian Bridge Design and Construction Support 1201 19'" Place, Suite 100A Vero Beach, FL 32960 772.770-4707 fax: 772.770-4640 www.neel-schaffer.com Neel-Schaffer, Inc. is pleased to submit this fee proposal for on-call .professional engineering services for the preparation of design plans for the Barber Street and Periwinkle Avenue Pedestrian Bridges. For this project, our Vero Beach Director of Transportation, Mr. Frank Watanabe, P.E. will be the project manager to assist you and your city staff through the design and construction support. As part of our initial review for this project, Neel-Schaffer, Inv. (NSI) completed an extensive research on the various types of pedestrian bridges. Based on this initial study, the two sites are .favorable for installation of a separate pre-fabricated steel pedestrian bridge. These prefabricated steel pedestrian bridges will have a single span with no support columns and will meet ADA standards. The initial study did consider widening the existing roadway bridges. However, due to the structural impacts to the existing bridges and associated cost to widen and cantilever the bridges for pedestrian access, the study considered other options. In addition, there were other major concerns regarding the structural support for widening the existing bridge structures, construction staging and temporary closure of the bridges. Due to the many negative impacts associated with widening the roadway bridges, the prefabricated bridge became the best option for the two sites. Our project approach is listed on the following pages with details regarding the work scope and deliverables. For this project, Neel-Schaffer has ident~ed the following eight basic tasks to prepare engineering design plans for the construction of a prefabricated pedestrian bridge for either Barber Street or Periwinkle Drive in the City of Sebastian. The eight tasks and fee are the following: 1) Project Management $2,500 2) Data Collection and Geotechnical $9,500 3) Topographic Survey $6,000 4) Base plans $3,000 5) Conceptual Bridge Drawings $2,500 6) Plans, Specification & Cost Estimates $24,000 7) Bid Processing and Meetings $4,500 8) Construction Support $4,000 Total Engineering Cost $56,000 k3 Proposed Fee In consideration of the above on-call services, Neel-Schaffer, Inc. will be compensated on an hourly fee rate (see attached rated sheet), not to exceed $56,000. This fee amount is based upon the attached Scope of Services and level of effort presented in the following pages of this proposal. However, it does not include any additional services. The hourly fee amount includes direct expenses for the project such as in-house duplicating, facsimile, mileage, telephone, postage, in-house copies and administrative services. Any additional services such as additional field reviews or public presentations will be bill on a time and material basis in accordance with our hourly billing rates. Should the City of Sebastian require or request for additional professional services, a separate fee proposal will be provided at that time. At this time, the following items could be considered additional services: 1. Permitting and drainage design 2. Storm water analysis for the basin 3. Coordination with St Johns and Army Corp for Canal 4. Any additional structural design analysis 5. Traffic studies or analysis Engineer's services will not include the following, unless authorized as additional services and reimbursed in accordance with the 2006 Hourly Rate Schedule for Professional Services attached, plus reimbursable expenses. This Agreement and 2006 Hourly Rate Schedule for Professional Services represent the entire understanding between Owner and Engineer with respect to the services to be provided by Engineer and may only be mod~ed in writing and approved by both parties. For the purposes of this proposal, any Professional Services not specifically outlined in the Scope of Services shall be considered additional services. Should the Owner require or request additional professional services, a separate fee proposal will be provided at that time. This proposal is valid for 30 day from the date shown hereon and represents the entire understanding between the parties with respect to the reference project and may only be mod~ed in writing. TERMS AND CONDITIONS Services shall start promptly after acceptance and execution of this agreement for professional services. This proposal is provided based upon prompt payment of services and reimbursable expenses and the orderly and continuous progress of the project. All invoicing is °Due Upon Receipt". Invoices unpaid after thirty days of the invoice date shall bear interest at a rate of one and one half percent of the unpaid monthly balance or the maximum allowable by governing law, which ever is less. We appreciate the opportunity to provide services to you for this important project Sincerely, Neel-Schaffer, Inc. St eely, P.E. ~ce President lorida Area Manager CJ T City of Sebastian Barber Street and Periwinkle Drive Pedestrian Bridges DESIGN APPROACH For this project, we offer Mr. Frank Watanabe, P.E. as project manager who will be responsible for the overall project management and quality ,control during the entire design phase of this project. Neel-Schaffer's Quality Assurance Program will be applied to each discipline to assure that a high standard of expert is used in the preparation of your design. TASK 1 PROJECT MANAGEMENT Our approach in managing these types of engineering design projects is to provide constant communication with city staff on a weekly basis, either by telephone calls, emails or weekly meetings. Status and project meetings will be conducted on an as-needed basis. The key purpose of these meetings will be to keep city staff updated on the current status of the design project. These meetings will also serve as a forum for discussion of work in process .and various technical issues and strategies associated with all phases of the project. TASK 2 DATA COLLECTION - GEOTECHNICAL Our team will gather existing available documents relevant to the project. We would meet with appropriate city staff to identify any existing as-buil# plans, drainage, utility, survey reports or other documents and available plans. If critical information is missing or there are doubts about the collected information's accuracy, our team will work with city staff to establish or verify the data necessary. Our staff from our nearby, Vero Beach office can easily and economically make field visits to verify data throughout the preparation of design plans. Neel-Schaffer, Inc. (NSI) will conduct a detail field review and inventory of the site and identify any conflicts or utilities related to this project. Existing physical features and possible conflicts will be identified in the field will be measured, logged and photographed for discussion with staff. NSI will use GEC as asub-consultant to provide the geotechnical services for this project. We understand the pedestrian bridges will be located adjacent to the existing roadway bridges at the proposed two sites. We understand that these pre-fabricated bridges can often be placed on shallow abutment foundations depending on the prevailing subsurface conditions. GEC will provide the following services: • Mobilized truck mounted drill rig and crew • Perform a total of four 20 foot standard penetration test (SPT) borings for the two sites. Depending on the access to the proposed abutment foundation locations, it may be necessary to use manual dynamic cone penetration (DCP) test equipment instead of the truck mounted drilling. • If DCP test becomes necessary, the test depth is typically limited to about 2 feet below the Existing groundwater table. ~5 Pertorm routine laboratory classification tests to aid in soil classification. Issue a geotechnical engineering report, signed and sealed by a geotechnical engineer licensed in Florida. Deliverable Products: 1. Collect all relevant materials 2. Submit a geotechnica/report on the frndings TASK 3 TOPOGRAPHIC SURVEY As part of the initial Data Collection, we will identify locations where critical ground surveying work will need to be conducted to supplement our available data for producing accurate base plans. In addition to the base maps, for the right-of--way and other critical design requirements, we will perform topographic surveying for developing the engineering terrain model for the grading plans. Our survey crew will establish topographical and existing conditions within the street right-of--way. All survey work will be tied to existing control points, (bench mark and monuments). The topographic survey must include but not limited to: • All topographic features within the stated boundaries. • Setup baselines and establish control referenced to Florida State Plane Coordinates • Recover and locate existing property comers for establishment of existing right-of- way. • Perform Bench Run using NGVD 1929 elevations to the site and establish benchmarks on site. • Locate all visible improvements within the project limits, including utilities, culverts, pavement, etc. • Obtain elevations within the project limits and 25 feet outside of the perimeter boundary, sufFcient to generate one foot contours. • Create 3D surface and generate contours • Contact Florida One-call system for underground utility providers, locate and depict same. • Research and depict adjacent property owners • Upon completion provide five copies, one ASCII file and one AutoCAD 2000 file of the topographic survey. Deliverable Products: 1, Topographic surveys and files TASK 4 BASE PLANS From our data collection and topographic surveying, we will prepare engineering base maps at 1"=40' scale for the design plans. These base maps will include the following information: • Project Limits • Control line and stationing • Utility information • Right-of--way survey boundary ~lD • Curb, gutter and sidewalk • Edge of street pavement • Striping and pavement markings • Existing bridge structure and abutments All design plans will be provided in AutoCAD (latest version) DWG fate format using County design standards for street and grading improvement plans. Deliverable Products: 1. Electronic DWG files in AutoCAD of fhe base maps TASK 5 CONCEPTUAL BRIDGE DRAWINGS Neel-Schaffer, Inc. will perform engineering analysis for the placement of apre-fabricated bridge at the two locations. Preliminary plans will show the sidewalk and bridge alignment, abutments, right-of--way and details of the prefabricated bridge. At this time, we have proposed a typical steel prefabricated pedestrian bridge as shown below. During this task, the city will have an opportunity to review and select a type of prefabricated bridge and its features. Once selected, sample bridge drawing will be created for review and approval. These drawings with be added to the final PS&E. ~7 A preliminary cost estimate of the various design. elements will be identified. Conceptual plans of 1" = 40' scale will be developed. Deliverable Products 7. Three (3) copies of Conceptual Plans TASK 6 ENGINEERING DESIGN - PSBE We will prepare engineering site plans for the proposed bridge locations. In addition, engineering specifications and cost estimates will also be prepared utilizing the America Public Works Association Standard Special Provisions and the FDOT Standard Specifications and Standard Plans. Three PS&E submittals will be produced: 50°~ PS~E Draft design plans, specifications and estimates 90°~ PS~E Pre-final design plans, traffic control plans, special provisions and estimates 100% PS~E Final plans, spec cations and estimates for construction bidding The engineering design plans will include the following sheets: Tvae of Sheet Number • Title Sheet 1 • General and construction notes 1 • Plan and Profile 1 • Structural Abutment foundation 2 • Bridge Drawings 3 • Detail Sheets 2 Total Sheet Count 10 Design Plan Using the conceptual plans and. sample bridge drawings from the previous task, we will prepare engineering design plans. These sheets will show horizontal and vertical design of the sidewalk and bridge alignments, foundations, drainage, sidewalk and other engineering mod cations. Plan sheets will be 1" = 40' scale design. All design wil! be prepared in AutoCAD. Preliminary Design (50% PS8~E): This phase of the will begin once the agreement is determined on the design concepts in Step 5. We will prepare and submit engineering scaled plans that will include the type of sheets listed above. A "rough" draft specifications and engineer's cost estimate will be completed with the 50% submittal for PS&E. Draft Final Design (90% PS~E) We will begin this pre-final design phase for the project, once agreement is made on the revisions to the draft 50% PS&E and a single set of comments have been received. We will meet with the staff and other involved agencies on the comments received to verify any questions and confirm design of final plans and special provisions. We anticipate revisions to only take two weeks for CAD and revisions to the specifications. Final Design (100% PS~E): This project will begin once agreement is made on the revisions and comments on the 90% PS8~E, and a single set of non-contradictory comments have been received on the 90°~ PS&E set. We will respond to the comments 88 on the 90% PS&E and prepare the final design plan set, including final special provisions and cost estimates for the intersection improvement plans. Deliverable Products: 1. Three (3) copies of 50•/ Design PS&E 2. Three (3) copies of 90•/ Design PS&E 3. Three (3) copies of 100• Design PS&E TASK 7 BID PROCESSING AND MEETINGS Neel-Schaffer, Inc. will assist the .city staff in the. bid process for this project. As part of the bid processing, NSI will provide the staffing and services to advertise the PS&E, supply and process the plans and specifications, answer any questions during the bid process, attend the pre-bid meeting and pre-construction meeting and provide meeting minutes. In addition, the project manager will be available to attend the City Council meeting for the advertisement and award of contract for construction services. Deliverable Products: 1. Bid processing (plans, answer questions and review bids) 2. Attend pre-bid and pre~consfruction meetings 3. Attend City Council meeting (advertisement and awara~ TASK 8 LIMITED CONSTRUCTION SUPPORT A key feature of our design team is that our senior staff and project manager have worked in the field as Resident Engineer on roadway improvement projects. Our project manager can identify possible potential problems and resolve them early on, in either the design stage of in the early construction stage of the project. Assumptions for our limited construction support, includes the following; • • Bridge design shall be the prefabricated bridge supplier • Bridge supplier shall provide all signed and sealed plans for NSI review and approval • Construction period shall not exceed 3 months. As mentioned above, the project manager wilt provide technical support to the city during the construction. These services may include: • Attending the pre-bid meeting to answer questions • Attending the pre-construction meeting to answer questions • Provide limited construction and field observation and support, as needed, during construction, limited to a to#al of 40 hours. 89 NeelSchaffer, Inc. - 2006 Staff Types/Billing Rates/Salary Ranges title Billing Rate/Hour ENG 1 En ineer/Architect 60 ENG2 Staff En ineer/Architect 66 ENG3 Pro'ect En ineer/Architect 78 ENG4 Senior Pro'ect/Architect 95 ENG5 Pro'ect Mana er/Architect 120 ENG6 Senior Pro'ect Mana er/Architect 135 ENG7 Pro'ect Director 155 ENG8 Officer 165 ENG9 Division Director 175 ENG10 Princi al 190 DESGNI Desi ner 55 DESGN2 Desi ner 60 DESGN3 Pro'ect Desi ner 70 DESGN4 Senior Pro'ect Desi ner 80 DESGN5 CADD Mana er 95 TECH1 Technician 55 TECH2 Technician 60 TECH3 Pro'ect Technician 70 TECH4 Senior Pro'ect Technician 80 TECH5 Technican Mana er g5 SURV1 Pro'ect Surve orlfechniaan 75 SURV2 Professional Land Surve or 80 SURV3 Surve Pro ect Mana er 90 SURV4 Senior Surve Prn ect Mana er 100 CREW2 Field Surve Crew 2 Man 95 CREW3 Field Surve Crew 3 Man 120 CREW4 Field Surve Crew 4 Man 138 CREW5 Field Surve Crew S ecia 160 MKT1 Marketin Assistant 54 MKT2 Marketin Director 100 ADM1 Rece tionist 33 ADM2 Administrative Assistant 40 ADM3 Administrative Assistant 45 ADM4 Administrative Assistant 50 ADM5 Administrative Su ervisor 55 FIN1 Finance Assistant 40 FIN2 Finance Assistant 48 FIN3 Finance Mana er 60 ISM1 Information S stems Mana er 75 (1) Rates effective through Decemt~er 31, 2006 Y:\Controller~Worlcsheets~Billing Rate Schedules R~ CtR' OF ~:: HQME QF PEL.lCAN ISI~AtJD AGENDA TRANSMITTAL Subject: Acquire Airport Agenda No. O ~'. ~ "7 $' Maintenanc e Equipment Department Origin: 1\ icipal Airport Joseph Griffin '' App' oved r,Submittal by: Finance Director: h i F ncis City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Stringer City Manager Date Submitted: October 2, 2007 For Agenda of: October 10, 2007 Exhibits: 1. Public Trans ortation Joint Partici ation A reement; 2.Resolution EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: (07/08) $20,000 REQUIRED: $20,000 -0- SUMMARY Sebastian Municipal Airport staff was recently successful in securing a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section, for the acquisition of Airport Maintenance Equipment. The agreement stipulates the FDOT to fund 80% of the proj ect at $160,000. This is a two (2) year prof ect. The city `match' would be at 20% per year, or $20,000 for October 2007, and $20,000 in October 2008. The total project cost is $200,000. In the past, any airport maintenance project has required the use of City Of Sebastian Public Works equipment. Public Works and Airport Maintenance personnel have an excellent working relationship, but the sharing of equipment has delayed some city projects and airport projects. Especially regarding stormwater/flooding, equipment relief is needed to deal with those issues on a timely basis. Plans are to purchase an Excavator/Loader and Bush Hog in fiscal 07/08. The Bush Hog would be used for the maintenance of the airport `security areas' that are in the process of being cleared. The maj or 08/09-plan purchase would be to acquire a Flatbed dump truck. Funding for the city `match' has been budgeted under vehicles and equipment Capital Outlay. RECOMMENDED ACTION 1. Move to approve Resolution R-07-41 authorizing a Joint Participation Agreement between the FDOT and the City Of Sebastian to Acquire Maintenance Equipment. 2. Fund $20,000, representing the City Of Sebastian FY 07/08 `match.' 1 9~ STATE OF F40RIDA DEPARTMENT OF'IRANSPORTATION 725030.06 PUBLIC TRANSPORTATION PU8I.ICTRANSPORTATION OB/D7 JOINT-PAitTICIPAT~ION yGREEMENT Page+orr4 Financial Project No.: Fund: DS FLAIR Approp.: 088719 41 81 65-1-94-01 Function: 637 FLAIR Obj.: 750004 em-se®me -p ase•sequence Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: 596000427008 CFDA Number. CSFA Number. 55004 THIS AGREEMENT, made and entered into this ~ day of -by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIrN, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before October 31, X009 -and this Agreement will-expire unless a time extension is provided in accordance with Section 18.00. ~W1T'Nf5S1=T'W: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of~n-integrated-and balanced transportation system-end is-authorised-under 332.006(6) ~ , t^lorida Statutes, to entertnto this Agreement. NOW, THEREFOR, in consideration of the mutual covenants, promises and representations herein, the parties agree ~asfolipws: 1.00 Purpose of Agreement: The purpose of this Agreement is Acquire f+lfaintenance Equipment and as further described in Exhibit(s) A,$,C,&D attached hereto and-by this reference_made-a-part hereof, hereinafter referred to as the project, and to provide epartmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 93 725-030.08 PUBLIC TRANSPORTA710N 06/07 Page 2 tittA 2.00 Accomplishment of the Project 2.40 General Requirements: The Agency shalt commence, and complete the project-as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical., and efficient manner, and in accordance with the .provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the, Agency to enter into this Agreement or to urxiertake the-project hereunder, or to observe, assume or-carry out any of the provisions of the Agreement, the agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including felleral eid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "G" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 200,000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency-agrees to -bear ail expenses in excess of the total estimated cast of the -project and any deficits involved. x.00 l)epart+nent Partieipa#ion: The~Departmen# agrees to maximum participation, including contingencies, in the project in the amount of $ 160,000 as detailed in Exhibit "B", or in an amount equal to the -percentage(s) of total project~cost shown in -Exhibit "i3", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective dateaf this agreement. itis understood thatState participation in ~ligibte project costsis subjectto: (a) Legislative approval of-the Department's appropriation request in the work program year that the project is scheduledto-be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of-all plans, specifreations, contracts orother obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) atthe time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ~ is Q is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in-paragraph-4:00. 5.00 Retainage : Retainage ~ is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown In paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on orbefore the completion of the final project audit. 9~ 725-080-06 PUBLIC TRANSPORTATION 06/07 PagB 3 of 14 -6:00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds~only in conformity with the iatest-approved budget for the project. No budget increase ar:decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is -approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual -costs incurred as of the date the invoice is submitted vwth the final payment due upon receipt of a final invoice. 7.00 Accountipg Records: 7.10 Establishment-and -Maintenance of i4ccounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts ere referred #o herein collectlvely as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years eiter-final payment is-made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the prajeet account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all paymen#s received by it from the Department pursuan# to thisAgreementend all-other-funds-provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all -project funds in excess ofthe amounts insured under federal -plans, or under State plans which have -been-approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Lawfor#~e security-of public-funds, or-as approved by the Department. 7.30 Costs incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shalt nofi be r,~nsidered eligible costs. 7.40 pacumentation of Project Costs: Alt oosts charged to the project, including any approved services contributed by the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts, or vouchers ~videneing-in proper~detail the nature end propriety-of~the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of-the Agency stating in proper-detail the purpose for which swch check ororder indrawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in who{e or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from ail other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Department, including but not limited to site visits and limited Scope-audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records dentonstrafing its compliance with the terms of this Agreement for a period of three years from the date the-audit report is issued, end shall allowthe Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made part hereof this~greement. ~5 ass-oaaoe PUBLIC TRANSPORTATION 06(07 Page 4 orra 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, timiteci scope audits as defined ~y OMB Gircular A 133, andlorotherprocedures. The Agencyagrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency Is appropriate, the Agency agrees to comply with any additionat instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's . Office of Inspector General {UIG) and Florida's Chief Financtal Officer{GFO) or Auditor General. 7.62 Audits: Part t FederaNy Funded: If the Agency is a state, local government, or non-profit organizations as defined In OMB Circular A 133 and a recipient of federal funds, the following annual audit criteria will apply: 1. Fn the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. F~chibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Feder-al awards expended in its fiscal year, the reaptent shall consider all sources ~o€ Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A 133, as revised.. An audit of the recipient conducted by the Auditor General in accordance with the provisions dM6 Circular X4133, -as revised, will meet the requirements of this part. 2. in connection with the~audit requirementsaddressed in Part i, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. tf the recipien#~expends-less than-the amoun# in Watt I, Paragraph 1., an -audit~oonducted to acovrdance with the provisions of OMB Circular A-133, is not required. If the reapient elects to conduct such an audit, the cost of the audit must be -paid from -resources-obtained from other than Federal entities. ~. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, -award -number anc9 year, and name~vf the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the foltowing-annual-audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project~pecific audit for such fiscal year in accordance with Section 215.9'7, Florida Statutes; applicable soles of the Department~of Financial Services al~d the CFO; -and Chapters 1fl.550 (local governmental entities) or 10.650 (nonprofit and for-profd organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance -expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entfies. State financial assistance does not include Federal direct orpass-through awards and resources received by a nonstate entity for Federal program snatching requiremen#s. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that 1:he audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial -reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 {local governmental-entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part il, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate -entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 9~ ras-osaae PUBLIC TRANSPORTATION 06/07 -Pa"ge 5 of14 Part !li Other Audit Requirements 9. The Agency shall follov~up and take corrective action on audit findings. 'reparation of a summary schedule of prior year audit findings, inGuding corrective action and current status of the audit findings is required. Current year audit findings require correctiveaction and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained .until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit-the authority ofthe Department #o conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other stateofficial. Part IV Report Submission 1. Copies of reporting packages for~awdits conducted in accordance with OMB Cifcwlar A 133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-933, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Madai Development 3400 W. Ctiri'~tY>~1 ciAi Bled. Fort Iauderdale, FL 33309 B. The nwmber of copies required by Sections .320 (d)(1) and (2), -OMB Circular A 133, submitted to the foliovring address: Federal Audit Clearinghouse Bureau of the Census 1201 fast 10th Street Jeffersonville, iN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A~133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted In accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shalt submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Cammeraal Slvd. -Fart lauderdale,'FL 39309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, ahd any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commeraal Blvd. fort iauderdate, fL 83309 q7 ~-aaa.os PUBLIC TRANSPORTATION 06107 ~ s-ot to 3. Copies of financial reporting packages required by Section 7.62 Part I1 of this Agreement shall be submitted by or on behalf ofthe rec-pient-directly to-each of the following: A. The Department at each of the following addresses: Office of Modal Deveopment 3400 W. ~orrmmeraal'Blvd. Fort Lauderdale, FL 33309 8. The Auditor-General's Office-at the following address: Auditor General's Office Room 4p1, Pepper Building 141 West Madison street Tallahassee, Florida 32399-1450 ~4. Copies offeports orthe management letter required by Section 7:62-Kart ill of this -Agreement shah be submitted by or on behalf of the recipient directly to: A. The Department at-each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort Lauderdale, -FL 33309 5. Any reports, management letter, or other information required to be submitted to the pepartment pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 40.550 (local governmental entities),or'F0:650 (nvnprofd and-foFprofit organizations), Rules ofthe-Auditor General, as applicable. 6. Recipien#s, when submitting financial ~reporting,packages to the Department for-audits done in -accordance wit#r aMB Circular A-133 or Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in -correspondence accompanying-the-reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the -CFO or,Ruditor General access to such records upon request. Tare y4gency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the. audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material nancompliance.with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit~package to the Departmenta plan for corrective -action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective ection to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipmen# or facilities. In the event ofthe -loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the pepartment may waive or modify this section. 98 723.030-06 PUBLIC TRANSPORTATION 06/07 -Page 7 tif~ta 8.OQ Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Fort Lauderdale , Fl, 33309- its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account {as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shalt be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 't12:061, F.S. 8.13 For real property acquired, submit; (a~ the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's 061igations: Subject to other provisions hereof, the Department will honor such requisitions in amounts aril at times deemed by the department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of amaterial nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the projec#; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations withou# having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; oT.. 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project In the event of suspension or termination of federal financial assistance, the Agency will reimburse the iepartment for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not -been approved in writing by the Department. qq ~z5.o3o-6s PUBLIC TRANSPORTATION 06107 Page 8 of 14 8.40 payment Offset: ffi, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60}days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Rroject: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, .impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptty to cant' out the actions required therein which may indude any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financng is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as Is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms attd conditons imposed by the Department upon the faiture of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this agreement. 9.12 The Department reserves the right to unifateralty cancel this Agreement for refusal by the contractor or Agency to allow public access to alt documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contractor obligate itself in any manner requiring the disbursement of Department joint particpation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval'of the Department. Failure to obtain such approval'shal! be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Apo 725-030-06 PUBLIC TRANSPCJRTATIaJ 06Po7 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. to alt cases, the Agency's Attorney shah certify to the Department that selection has been accomplished incompliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation.: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the pertormance of contracts financed in whale or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipient, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and pertorm contracts. Grantees, recipients ahd their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contract. 12.x0 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and tha# employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be Limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual telationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construdlon, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: F~cecution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirement imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vlll -Civil Rights Act of 1968: F_xecution of this Joint Participation Agreement constitutes a certification that the Agency will comply with ail the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirement imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. ~D~ 725.036-06 PUBLIC TRANSPOt2TATI0N 06A7 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the projector any property included or planned to be included in the project, with arty officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, directo-s or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its. fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14,00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried -out in conformance with all applicable environmental. regulations including the securing of any applicable permits. The Agency wilt be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any ions incurred in connection therewith. 14.20 Department Nat Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: to no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in noway impair or prejudice any right or remedy available to the Department with respegt to such breach oi• default. 14.40 How Agreement is Affected by Provisions Being Hetd invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, . also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of 'rts application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department. and the Agency to the, end that the Agency may proceed as soon as possible with the project. !o~- ~z~-a3a~os PUBLIC TRAN~ORTATION 06/07 Pegs 11 of 74 14.70 Use and Maintenance of Projectfacilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful lice of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14,80 Disposal of Project Facilities or Equipment:. If the Agency disposes of any project facility or equipment during its useful li#e for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal ofi the faaiity or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as .provided in this Agreement. 14.90 Contraciva! indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and alt of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement, When the Department receives a no#ice of claim far damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department uvill immediately forward the claim to the Agency. The Agency and the pepartmerrt will evaluate the claim and report their findings to each other within fourteen (14) working days and wits jointly discuss op#fons in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptty notify the Agency of a claim shat{ not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluatipn, settlement negotiations, and trial, ifi any. However, if only one party participates in the defense of the claim at trial, that patty is responsible far all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facili#ies, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department wil! review all plans and specifications and vYil( issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the agency written approval with said remainder of the project. Failure to obtain this written approval shalt be sufficient cause for nonpaymen# by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriatiorrof Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. X03 ~zs-osaos PUBLIC TRANSPORTATION 06/07 Papa 12 of to 17.20 Multi Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more. than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shalt. require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shad prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before October 31, 2009 Ifthe Agency does not complete the project within this time period, this Agreement will expire unless an a ension of the time period is requested by the Agency and granted in writing by the Director of Transportation DeveloFment ~ .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: AI{ words used herein in the singular form shall extend to and include the. plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shalt require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the t_egislature or a state agency. IDy 725-D30.06 PUBLIC TRANSPORTATION 05107 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the fatter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors wilt result in a delay in the payment. The invoice payment requirements do not start until a property completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems In obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: 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 of a public building or public work, may not submit bids on leases of real property to a public entity, may no# be awarded or pertorm 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 amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 3fi months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been-placed on the discriminatory vendor list 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 of a public building or public work, may not submit bids on (eases of real property 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. ~C5 ~z5oaaoe PUBLIC TRANSPORTATION 06/07 Pegs i A of 14 Financial Project No. 418165-1-94-01 Contract No. Agreement Date IN WETNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Ci of Sebastian AGENC NAME FDDT See attached Encumbrance Form for date of Funding Approval by Comptroller Al Minner SIGNATORY (PRINTED OR TYPED) SIGNATURE City Manager TITLE ATTEST: Sally 'A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation bevelopment TITLE roe Fin. Proj. No.: 418165 -1-94-01 _ Contract No.: Agreement Date: ~ _ EXHIBIT "A" PROJECT DESCRIPTION AND RE$PQNSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Acquire Maintenance Equipment SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action .and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. (D~ Fin. Proj. No.: 418165-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. TOTAL PROJECT COST: $200,000 II. PARTICIPATION: Federal Particpation: FAA, FTA, UMTA, etc. 0.00% ~ $0 Agency Particpation: In-Kind Cash 20.00% $40,000 Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) 80.00% $160,000 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: ~U~ $200,000 Financial Project No. 418165-1-94-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, bepartment of Transportation and City Of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so tong as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. if the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such pertormance by the Agency. This shalt be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal >~ Mitigation: It wilt clear and protect terminal airspace required for instrument and visual operations at the airport including established minimum flight attitudes) by removing, towering, Joint Participation Agreement (JPA) Exhibit C Page 1 relocating, martting, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local govemment adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height res#ric#ions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of alf local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the focal govemment comprehensive plan at the earliest feasible opportunity. 6. Airport Layout. Plan: a. fi will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned orcontrolled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of alt existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or mod cation thereof, shall be subject to the approval of the Bepartment. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Departmer-t and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. tf this Agreement results in a facility that will be leased or othewise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. Alt project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C 1 ~ D Page 2 (8/2/200'n shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 1Q. G-peration & Maintenance:- The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency wilt have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aergnautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding.. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may temninate this Agreement. The Agency may request cone-year extension of thistwo-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It wilt not sett, lease, encumber, or otherwise transfer or dispose of any part of its title qr other interests in the property shown on F-xhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grantor allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 1480, Florida Administrative Code, Airporf Licensing, Registration, And Airspace Protection. , Joint participation Agreement (JPA) Exhibit C Page 3 tt` (8/2/2007) C. Planning Projects if this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: F~cecute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any-other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable #ormat, of final project materials to the Department. This indudes computer-aided drafting (CAD) files of the airport layout plan. b. Developing acost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No implied Commitments; Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the. part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it wilt: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Reai Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third padY• c. Furnishing a projected schedule of events and a cash flow projection within twenty (20} calendar days after completion of the review appraisal. 1 ' ~ Joirrt Participation Agreement (JPA) Ex~a e 4 I g (8!2/2007} d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve norrrral project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Departmentto achieve norrnal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received forthe land purchase and the state funding share of the land purchase is less than or equal to normal state and focal funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring-local government adoption of an airport zoning ordinance ar amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved rtinway,~ associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d, Complete construction ndcessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shat! use the land for aviation purposes in accordance with. the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selecfion comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. Joint Participation Agreement (JPA) Exhibit C Page 5 (8,2,2007, l l 3 c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhit~it. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards, Plans shall be consistent with the irrterrt of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project, PIanS produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-6d, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports Manual Of Unifoml Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, spec cations, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. 'The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. local Govemment Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, ~l~ Joint Participation Agreement (JPA) Exhibit C Page 6 (i3/2J200~ enter into an agreement with that govemment: The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property fo exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. (8/2/2007} Joint Participation Agreement (JPA) Exhibit C Page 7 ~~5 Fin. Proj. No.: 418165-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to City. of Sebastian may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F'.5., as revised (see "AUDITS" below), .monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited Scapa audits as defined by .OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedureslprocesses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to city of S~ba,~tian regarding such. audit. City of Sebastian further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, ar non-profit organizations as de#ined in OMB Circular A-'133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the reapient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. in connection with the audit requirements addressed in Part 1, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $50p,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A~133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the Cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be ident~ed using the Catalog of Federal Domestic Assistance (CFDA) title and number, -award number and year, and name of the awarding federal agency. I ) ~ Joint Participation Agreement (JPA) Exhibit D l Pane 1.of 7 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. FJCHIBIT 1 to this agreement indicates state financial assistance awarded through. the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500.,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Joint Participation Agreement (JPA) Exhibit D Paee 2 of 7 r Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the fallowing: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package far an audit required by PART I' of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards dir^ eCtly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33308-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of thQ following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Joint Participation Agreement (JPA) Exhibit D Paee 3 ~f 7 B. The Auditor General's Office at the following address: Auditor General's Of>=lce Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART ill of this agreement shall be submitted by or on behalf of the recipient direct) to: A. The Department at each of the following addresses: Florida Department of 'transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management setter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) ar 10.650 (nonprofit and for-profit organisations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), .Rules of the Auditor General, should indicate the date -that the reporting package was delivered to the recipient in correspondence accompanying the reporting package: . PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such. records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFQ, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. I ~~ Joint Participation Agreement (JPA) Exlu'bit D Pace 4 of 7 EXHIBIT -1 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Titlel Amount Department of Transportation 55004 -Aviation Development Grants $160,000 Objectives 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The [department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical tmpa~t, services development, and airport promotion. F,-xamples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and. emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EtS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) rZv Joint Participation Agreement (JPA) Exhibit D Paee 5 of 7 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. in the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FOOT Aviation Grant program Handbook) Airport Economic pevelopment This grant program is to encourage airport revenue. Examples of projects are: -Any airpork improvement and land purchase that wi11 enhance economic impact; -Building for lease; -Industrial park infrastnacture and buildings; -General aviation terminate that will be 100 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Act~uisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commerciafi service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the intemet at www.dot.state.fl.us/Aviation/Pub6c.htm. Commercial Service Airports Matching Reaureoments are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FOOT Aviation Grant Program Wandbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements. This program is for local match only. (FOOT Aviation Grant Program Handbook and Section 332.007(6} Florida Statutes) (Z~ Joint Participation Agreement (JPA) Exhibit D Paee 6 of 7 Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 2 Z Joint Participation Agreement (JPA) Exhibit D Pa ee 7 of 7 RESOLUTION NO. R-07-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO ACQUIRE AIRPORT MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the acquisition of Airport Maintenance Equipment at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 418165-1-94-01 on behalf of the City, as attached hereto as Exhibit 1. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this day of October, 2007. ~ 23 2 CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk ~Zy Mayor Andrea Coy By: Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida ~~ ~' ~r~~ ~r[°Y ~°rZ°a~v~Y-Q ~~_ AGENDA TRANSMITTAL Agenda No. ~~• ~'~'q Subject: Report on construction board duties; Date Submitted: 10/4/07 For Agenda of: 10/10/07 SUMMARY: Pursuant to the direction of Council, the Building Official prepared the attached financial analysis of the licensing testing operations of the City. This information was presented to the Construct''ion Board for consideration, and a frank discussion of the duties of that Board were discussed. RECOMMENDED ACTION: Give staff direction. CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: X25 J a ° ~ o 0 0 0 0 0 0 Z ~ O O O ~ 0 O ~ ~ N O ~ a z ~ 69~ 6F3 N of ~} tN~ r ~ c0 c0 2 ` ~ ~ T ~ ~T ~ L~ ~T W / W Z W W LL p o U U U W fn ~° o o Z Z Z u'~ o O (7 ~ `~ `~ M `n N ~ ~ a z ~ ~ ~ ~ o a ~ x a v F- ~ z O a ~ O ~ o ~ O 0 p 0 O O O ~„~ O ao M ao M U ti ~ o N ~ ~ u~ u~ ~ ~n J m Eg ~ ~ bg 6q of ~ ~ ~ ~ ~ ~ ~ ~ Z C9 Z > a a W o ° ° ° ~ ° o rn ~ W o ° ° ~ ~ ~ r, o_ Z ~ ~? ~ ~ N rn ~ ~ ~ -~ cD u'i y W W ~ LL V F' ~ ~n o ~ o ~ ~n ~n o W W ~ ~ ~ ~ ~ ~ R ~ Q' N O ~ ~ U ~ O C U LL. W `1 y a U ` t L ~ L U H ~ ~ L U ~ ~ c6 ~:., Z L ~ ~ ~ ~ C C_ C ~ O O t E E O ~ N N ~ ~ Z N ~ ~ M ~ a a ~ r- a ~ p ~' ~ Z ~ o 0 0 J O L .~ X Q -i ° ~ ~ 0 00 0 00 0 ~ 0 ~ 0 ~ ~ ~ = o0 ~ a Z ti ~ ° a ¢ o °° "' a N W °' c ~ m ~ -o Z .oc .v a Z ~ W W n. - ~° :~ U a~ o c N ~ U LWL C C ~ ~C U W C J to ~ ~ `~ o m V ~ Z Z W C L v o ~~ J Q a N ~ ~ ~ n U ~ ~ o Z ~ ~ U _ N W p U ~ a~ o c Z a v o ~- E ~ ~ ~ Q ~ ~ ~ ~ w J ~ ~ ~ ~ O U _ ~ : o ~ ~ a m ~ ~ U E c ~ o U ~ ~' ~ a ~ 3 J J p a~ X °~ y ~~ c W a ~ ~ ~ ~ o ~ 3 C~ ,, W W ° O N a~ ~ LL Q fn C ~ .C ~- N ~ L L o o ~ O ~ ~ a m ~` ~ m N c f6 ~' Q J a U O ' ~ O L N J J Z z N ~ ~ o ~ ~ ~ ~ a o a 0 o ~ ~ ~ ~ ~ o ~ ~ ~ V a H ~ U (n ~.. .C U H N U J J H ~ ~2~ ~z$ rm°c~ l~4Ntl~ C~~ P1rL~CAN I~C:1#1VL~ BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MINUTES SEPTEMBER 11, 2007 - 7:00 P.M. Meeting was called to order by Ch. Garland at 7:00 P.M. Pledge of Allegiance was led by Ch. Garland. ROLL CALL: Present: Ch. Garland Mr. Dalessandro Mrs. Carbano Mr. Morris Mr. Bulla Mr. Widup Absent: Mr. Hosey -excused APPROVAL OF MINUTES: Regular meeting held 7/10/07. MOTION: Widup/Carbono I make a motion we approve the minutes of meeting held 7/10/07 as written. A voice vote was taken -passed unanimously. OL_D BUSINESS: Gregory Perugini / Perugini Construction Re: Abandonment of Construction Project-Diversion of funds Report from Building Official, Wayne Eseltine, stating he does not feel the need for Perugini to come back in front of Construction board since Perugini has relinquished his license. After discussion, motion was passed that Perugini does not need to come back in front of board at this time, but if he ever does work in City of Sebastian, he will need to go in front of board before able to pull any permits. MOTION: Widup/Bulla I make a motion that Gregory Perugini need not come back in front of construction board at this time. ROLL CALL: Mrs. Carbano -yes Mr. Bulla -yes Mr. Widup -yes Ch. Garland -yes Mr. Dalessandro -yes Mr. Morris -yes IZ9 NEW BUSINESS: Thomson * Prometric Exam William J. Perez /Master Electrician Mr. Perez was sworn in by Ch. Garland. MOTION: Moris/Widup I make a motion we approve Mr. Perez to take the Master Electrician exam. ROLL CALL: Mrs. Carbano -yes Mr. Widup -yes Mr. Dalessandro -yes Motion carries 6 - 0. Richard Reeves /Master Electrician Mr. Reeves was sworn in by Ch. Garland. MOTION: Carbano/Widup Mr. Bulla -yes Ch. Garland -yes Mr. Morris -yes I make a motion we approve Richard Reeves to take the Master Electrician exam. ROLL CALL: Mr. Bulla -yes Mr. Widup -yes Mr. Dalessandro -yes Motion carries 6 - 0. Vinay Pinto /Tile & Marble Mr. Pinto was sworn in by Ch. Garland. MOTION: Garland/Morris Mr. Morris -yes Ch. Garland -yes Mrs. Carbano -yes I make a motion we approve Vinay Pinto to take Tile & Marble exam. ROLL CALL: Mr. Morris -yes Mr. Widup -yes Mr. Dalessandro -yes Motion carries 6 - 0. (3D Mr. Bulla -yes Ch. Garland -yes Mrs. Carbano -yes Presentation from Wayne Esletine, Building Official, regarding continuance of sponsoring contractors for license and future role of the Construction Board. After lengthy discussion, board was polled and unanimously agreed that due to the current shortage of staff due to recent cut backs in the Building Department and the financial gains and losses involved with sponsoring contractor licensing, the Board has left the decision to staffto make a recommendation to City Council on the future role of the Construction Board . VIOLATION HEARINGS: None BUII,DING OFFICIAL MATTERS: None ATTORNEY MATTERS: Mr. Carl Bonester should be sponsored to take the structural concrete exam for type of work he intends to do. MOTION: Morris/Widup ROLL CALL: Mr. Bulla -yes Mr. Morris -yes Mr. Widup -yes Ch. Garland -yes Mr. Dalessandro -yes Mrs. Carbano -yes RECORD SCORES IN SCOREBOOK: Carbano/Widup There being no further business, meeting adjourned at 8:40 P.1VI. i31 l3Z City of Sebastian, Florida o~te~ o~ ~~ crrY ~~ro~v AGENDA TRANSMITTAL Agenda No. ~ ~~ ~ g~ Subject: renaming of occupational licensing; Date Submitted: 10/4/07 0-07-14 For Agenda of: 10/10/07 SUMMARY: State law has changed the vernacular for occupational licensing. The proposed Code changes bring Sebastian into line with the state law changes. RECOMMENDED ACTION: At Council's discretion - Move to pass Ordinance 0-07-14 on first reading and schedule a public hearing for November 14, 2007. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: i33 13 ~F ORDINANCE NO.O-07-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLE II LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the state legislature has control of local taxing authority; and WHEREAS, the legislature has renamed occupational licenses to local business tax; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 30-27 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ~e Local business tax means those charges established by the city council contained within the schedule of this article, as such charges maybe amended from time to time by ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. Receipt means the document that is issued by the local governing authority which bear the words "Local Business Tax receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this Article relatinu to the business tax. Section 2. That Section 30-28 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-28. Persons subject to ~ local business tax receipt. A tax for the privilege of engaging in or managing any business within the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and /35 (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such ~ tax fi~ is not prohibited in section 8 of article 1 of the United States Constitution. Section 3. That Section 30-29 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-29. Required. No person shall engage in any activities for which a ~ local business tax receipt is required by this article, unless such person has a valid ~ local business tax receipt issued by the city. No person shall knowingly make a false statement in the ~ local business tax receipt application as to conditions or facts upon which the fee is based. Section 4. That Section 30-30 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business taxed ~ or to be taxed ~, the director of ~ Qrowth man a~ement shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Section 5. That Section 30-31 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-31. Term of l~e~e local business tax receipt; when tax ~e due; delinquencies. (a) All S local business tax receipts shall be sold by the city beginning ~ July 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. ~ Local business tax recce that are not renewed when due and payable are delinquent and subject to a delinquency penalty often percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local business tax receipt, if required, is subject to a penalty of 25 percent of the ~ tax due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required local business tax within 150 days after the initial notice of tax due, and who does not obtain the required local business tax is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. /3~ (d) Any person who knowingly makes a false statement in the ~ioonse local business tax r ce' application as to conditions or facts upon which the ~ ~e is based is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred. as a result of collections efforts, and a penalty of up to $250.00. (e) .Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the ®e local business tax for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Section 6. That Section 30-32 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-32. Separate lie local business tax receipt for each business; falling into more than one classification. A separate i4cal business tax receipt shall be obtained for each place of business conducted, operated; maintained or carried on by every person engaged in any business for which a l®local business tax receipt is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occupation, business or profession shall fall into more than one of the classifications contained in the schedule set forth in section 30-51, such occupation, business or profession shall comply with the requirements of each classification. Section'7. That Section 30-33 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-33. Change of location; transfer of lie local business tax receipt to new owner; duplicate lise local business tax recei~; fees. Upon presentation of the original local business tax receipt, any ~e~ tax receipt may be transferred .from one location in the city to another location within the city upon completion of an application and payment of a transfer fee of ten percent of the annual lime tax, but not less than $3.00. A local business tax receipt may be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer fee often percent of the annual tax, but not less than $3.00, and presentation of evidence of the sale and the original local business tax receipt. Duplicate receipts shall be issued upon written request and upon payment of a duplicate lie fee often percent of the annual license tax, but not less than $3.00. Section 8. That Section 30-34 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-34. Half-year tax fee. The tax ~ for new licenses issued from April 1, through September 30, shall be one-half the regular annual tax. i3~ Section 9. That Section 30-35 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-35. Applications. (a) All applicants for ~ieeaee local business tax receipts shall submit their applications to the director of wee growth management not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for a local business tax receipt to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must provide proof of an active state certificate, registration, or license, or issuance of the same. (c) Any person applying for a local business tax receipt or a transfer of an existing ~ieease local business tax receipt must present a copy of the applicant's current fictitious name registration issued by the state division of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. (d) Any person applying for a local business tax receipt to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. p A__ local business tax recei~ ~e not required in order to practice the profession of pharmacy. (e) Any person applying for a local business tax receipt who will be operating a business subject to state and/or federal regulations shall furnish proof of licenses and/or permits and/or letter(s) of exemption to operate same. Section 10. That Section 30-36 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised and shall be required to obtain a local business tax recei Section 11. That Section 30-37 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-37. Exemptions. Any person entitled to exemption under the laws of the State of Florida shall be exempt from payment of tax to the city. If a tax ~ exemption provision applies, a local business tax receipt must still be applied for and approved. (1) Veterans must be at least ten percent disabled to qualify for exemption. However, in no case shall a person be entitled to an exemption in excess of $50.00. (2) Nothing in this article shall be construed to require any farmer to procure a ~ local business tax receipt to sell farm, aqua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. l3$ (3) No lase local business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid a local business tax receipt for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Section 12. That Section 30-38 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The director of wee growth mana emen shall send out annual renewal notices to all holders of ~~~ e a local business tax receipt no later than ~ Jul ~ 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any tax ~ or late fee. Section 13. That Section 30-39 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all, officers of any corporation required by this article to pav the local business tax shall be personally subject to the penalties imposed by this article where any corporation fails to pay the tax ~ and obtain a e tax receipt required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as maybe imposed by this Code. Section 14. That Section 30-40 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-40. Duty of director of ~ growth management to keep records. The director of ~ growth mana~ shall keep a complete record of all ~ local business tax receipts issued, showing the nature of the ~ local business tax receipt, the date of issuance, the date of expiration and to whom it was issued. Section 15. That Section 30-41 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-41. Updating applications. The director of ~ arowth mana ement is authorized to require updated ~ local business tax receipt applications. 139 Section 16. That Section 30-42 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-42. Preservation and display of ~ee~es local business tax receipt. All s local business tax receipts granted by the city shall be carefully preserved and displayed in a conspicuous place and be visible in the place of business authorized to be conducted by such local business tax receipt. Section 17. That Section 30-43 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-43. Issuance of lise local business tax receipt not prima facie evidence of ability to conduct business. All businesses are subject to city zoning restrictions. The issuance of a ~e~ iQCal business tax receipt under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to conduct any business in violation of any law, and in such event, no refund of the local business tax receipt fee shall be authorized. Section 18. That Section 30-44 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-44. No refund of ta_x fee; exception. No portion of any tax f~ assessed by this article shall be refunded except when. such tax fee is collected by mistake or error..Refunds shall not be made after the period for which the erroneous payment was made has expired. Section 19. That Section 30-48 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-48. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherwise, due to the revocation of a local business tax receipt. Revocation of a local business tax receipt shall require the business to cease operation in the city. The revocation of a local business tax receipt shall continue until such time as the violations that caused the revocation are certified by the director of ~ ar'owth management as having been corrected. The following shall constitute grounds for revocation of a license. (1) A determination by the director of ~ growth management that any statement contained in the application for a ® local business tax receipt is false. (2) The ~ taxed business has violated city or county ordinances or laws of the state in the practice of business for which such license is issued. (3) The ~ taxed business fails to comply with zoning, fire prevention and code enforcement ordinances of the city after reasonable notice shall have been given to the taxed business to eliminate or correct any condition in violation of such ordinances of the taxed business premises. IUO Section 20. That Section 30-49 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a local business tax will be issued: Section 21. That Section 30-50 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-50. fee Tax for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or anywhere within the city not specifically designated in the article, shall pay a f~ tax of $66.00. Section 22. That Section 30-51 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-51. fee Tag schedule. The schedule for cgs local business tax charged in the city shall be as follows: * * * ~ Section 23. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 24. SEVEItABILITY. 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 provision. 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 25. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. iui The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of .2007. ATTEST: Sally A. Maio, MMC City Clerk ~4a CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ®ra H6ME l?f PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Subject: Christmas Parade Date Agenda No: ~ 1. l ~.~ Approved for Submittal by: Department Origin: Ci Clerk City Attorney: AI Minner, City Manager Date Submitted: 10/4107 For Agenda of: 10/10/07 SUMMARY STATEMENT Members of the Sebastian Junior and Women's Club, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce and City staff, for the third year in a row, will be inviting Santa Claus to visit Sebastian. We are hoping we can get him to visit on December 1St If he can make that date he would arrive on Main Street at approximately 6 pm and the whole town plans to put together a parade to escort him to his house in Riverview Park where he will meet with the children of Sebastian to hear whether they have been naughty or nice and what their Christmas wishes are. The GFWC plans to have hotdogs and other refreshments. As soon as we get the okay for the date, we're going to get together to write him a letter and invite him to come to Sebastian before his schedule gets too busy. As soon as we know all the details of the parade and have talked to business owners on Indian River Drive we will come back to you with a report on street closings. RECOMMENDED ACTION Approve the Christmas parade and Santa House in Riverview Park on December 1St 2007. 43