HomeMy WebLinkAbout10142009CRY OF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 14, 2009 6:30 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 OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION Reverend Mark Patterson, Alliance Community Church
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. 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.
09.048 A. Presentation by Indian River Commissioner Peter O'Bryan Relating to the
City of Sebastian Tax Abatement Referendum (PowerPoint Presentation)
09.128 B. Certificate of Appreciation to Frank Garland Nine Years of Construction Board
Service
09.145 C. Proclamation Honoring the 2009 World Canopy Relative Work Gold Medal Team
1 That Trained at Skydive Sebastian
09.146 D. Proclamation Honoring the Friends of St. Sebastian River 20 Anniversary
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09.087 E. Federal 2010 Census Representative Ann St. Pierre Request for City
Committee
Brief Announcements
7. 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 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.
5-8 A. Approval of Minutes 9/23/09 Special Meeting Minutes
9 -17 B. Approval of Minutes 9/23/09 Regular Meeting Minutes
09.059 C. Approve Change Order #8 to S.E. Cline in the Amount of $27,805.00 for
19 -23 Additional Materials for the Collier Canal Project (Administrative Services
Transmittal, Change Order, E -Mail, Summary)
09.147 D. Approve Alcoholic Beverage Use Yacht Club for Ford Wedding Reception on
25-29 October 24, 2009 from 1:00 5:00 p.m. (Parks Transmittal, Application,
Receipt)
09.148 E. Authorize the Mayor to Execute Addendum to Law Enforcement Agencies
31 -47 Interlocal Crime Lab Agreement (City Clerk Transmittal, Agreement, Addendum)
09.149 F. Approve Applied Aquatic Management, Inc. Weed Control Contract Based on
49 -68 Piggyback Rates from DEP Contract for Time and Materials (PW Transmittal,
Cost Estimate, DEP Contract)
8. COMMITTEE REPORTS APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for
City committee member nominations and appointments under this heading.
9. PUBLIC HEARINGS
Procedures for public hearings:
Mayor opens hearing
Attomey reads ordinance or resolution
Staff presentation
Public Input
Staff summation
Mayor closes hearing
Council action
Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state
his/her name for the record.
09.134 A. Second Reading, Adoption Hearing of Revised Ordinance No. 0 -09 -13 Local
69 -75 Vendor Preference (City Attorney Transmittal, 0- 09 -13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO PURCHASING,
AMENDING SECTION 2 -11 OF THE CODE OF ORDINANCES, ENTITLED LOCAL VENDOR
PREFERENCE, WHICH PROVIDES FOR A LOCAL VENDOR PREFERENCE POLICY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT
HEREWITH, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(1 Reading 9/23/09 Revised, Advertised 9/30/09 PJ Legal Ads)
10. UNFINISHED BUSINESS
11. PUBLIC INPUT
(Procedures on Back of Agenda)
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12. NEW BUSINESS
09.132 A. Resolution No. R -09 -40 Sebastian Municipal Airport Runway 4/22
77 -138 Rehabilitation and Improvements (Airport Director Transmittal, R- 09 -40, JPA,
Bid Tab, Contracts)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE
FUNDING FOR RUNWAY 4/22 DESIGN AND CONSTRUCTION, RUNWAY REHAB,
LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
09.041 B. Resolution No. R -09 -41 Stan Mayfield Working Waterfronts Grant Program
139 -161 Proposed Modification (GMD Transmittal, R- 09 -41, Grant Application Form)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
REQUESTING A BOUNDARY MODIFICATION AND INCREASING FUNDING ALLOCATION
FOR THE APPROVED STAN MAYFIELD WORKING WATERFRONT GRANT; PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
09.150 A. Sebastian Municipal Airport/Roseland Road Buffer Update (City Manager
163 -187 Transmittal, March 2002 Master Plan Excerpt, Feb. 2002 Master Plan Excerpt,
Minutes, 2001 Layout, 2002 Layout, 2008 Layout, Previous CM Newsletter
Excerpt, LPA Group Letter)
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Vice Mayor Hill
B. Council Member Coy
C. Council Member Simchick
D. Council Member Wolff
E. Mayor Gilimor
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. 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.
All City Council Meetings are Aired Live 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
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Upcoming meetings:
October 28, 2009 Board of Adjustment Meeting 6 pm
October 28, 2009 Regular Meeting 6:30 pm
November 9, 2009 Special Meeting 6:30 pm
November 18, 2009 Regular Meeting 6:30 pm
December 9, 2009 Regular Meeting 6:30 pm
December 16, 2009 Regular Meeting 6:30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09 -05
Regular City Council Meetings
Public input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however,
City Council may extend or terminate an individual's time by majority vote of Council members
present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of City Council or City staff. Individuals shall not
address City Council after commencement of City Council deliberation on an agenda item after
public input has concluded, provided, however, the Mayor and members of City Council may
recall an individual to provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not
permitted and may result in expulsion from the meeting. The Chair shall make determinations on
such remarks, subject to the repeal provisions below.
Chair to Control Meeting
In controlling the meeting during public input, the Chair will take the following actions:
First Offense verbal warning to move on.
Second Offense offender is directed to be seated.
Third Offense (refusal to be seated or other disruptive acts offender will be asked to leave the
premises)
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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HOME OF PELICAN ISLAND
Whereas, on July 20 2009, members from the United States Parachute Association
(USPA) two -way canopy formation team celebrated a surprise ending to a week of
competition, beating out the favored Russian team and crushing their previous world
record at this year's World Games, held in Kaohsiung, Taiwan from July 16 July 26,
2009; and
Whereas, the World Games, held every four years in the year following the summer
Olympic Games, are conducted under the auspices of the International Olympic
Committee (IOC) and feature those sports that are recognized by the IOC but not
included in the field of play in the Olympics; and
Whereas, Air Sports (parachuting) is a relatively new category for the World Games,
debuting at the 2005 World Games in Duisburg, Germany and marking 2009 as the first
time canopy formation was introduced at the Games, which made the stakes higher for
the winner of this category; and
Whereas, for teammates Chris Gay, Liz Godwin and Mark Gregory who are no
strangers to competition, having competed and coached in skydiving events for years,
winning a gold medal was made remarkably sweeter when the team broke the world
record in their event, giving the U.S.A. bragging rights for the best in the world in two
way canopy formation; and
Whereas, the team credits their gold -medal performance largely to the help of Skydive
Sebastian, who provided support to the team to practice and refine the skills they
needed to take the gold in the international arena;
Now, THEREFORE, be it proclaimed by the City of Sebastian City Council that sincere and
enthusiastic congratulations are extended to the 2009 World Game Canopy Relative
Work Gold Medal Team!
ADOPTED this 14 day of October, 2009.
ATTEST:
Sally A. I'aio, MMC
City Clerk
Richard H. Gillmor, Mayor
PR
plV of
HOME OF PELICAN ISLAND
FRIENDS OF ST. SEBASTIAN RIVER TWENTIETH ANNIVERSARY
ON BEHALF OF THE COUNCIL OF THE
ATTEST: CITY OF SEBASTIAN, FLORIDA
WHEREAS, the Friends of St. Sebastian River was established twenty years ago to maintain
and improve the health and beauty of the ST. SEBASTIAN RIVER and its watershed, and
WHEREAS, the CITY OF SEBASTIAN drainage system represents a significant portion of the
watershed to the river, and
WHEREAS, the CITY OF SEBASTIAN takes its name from the name of this river, and
WHEREAS, the people of the CITY OF SEBASTIAN benefit greatly from the recreational use of
this river, its watershed, and surrounding parks, and
WHEREAS, the FRIENDS OF ST, SEBASTIAN RIVER assisted the SEBASTIAN AREA HISTORICAL
SOCIETY in having the UNITED STATES GEODETIC SURVEY correct, properly identify, and officially
record the historical name of the St. Sebastian River and its Prongs, and
WHEREAS, the FRIENDS OF ST. SEBASTIAN RIVER has regularly conducted educational
programs about the river for the public over the last twenty years; researched and makes available
on its website extensive information explaining water quality issues affecting the river and its
watershed; and participates actively in community festivals and celebrations with information for
the public, and
WHEREAS, the FRIENDS OF ST. SEBASTIAN RIVER actively cooperates with other local and
regional organizations involved in water resource conservation, including support for the
development of the ST. SEBASTIAN RIVER BUFFER PRESERVE STATE PARK, and
WHEREAS, the FRIENDS OF ST. SEBASTIAN RIVER volunteers have diligently monitored the
health of the river in various testing and data collecting efforts by various agencies, and
WHEREAS, the FRIENDS OF ST. SEBASTIAN RIVER annually recognizes outstanding volunteer
service to our local community and environment by granting a Sebastian River High School student
with the George V. Schum Memorial Award and Scholarship,
NOW THEREFORE, BE IT PROCLAIMED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA
on this 14 day of October, in the year 2009, on behalf of the good citizens of the CITY OF
SEBASTIAN, congratulations to the FRIENDS OF ST. SEBASTIAN RIVER on their twenty years of
dedicated, faithful service to its mission, and our appreciation for the efforts of it members to
maintain the health and beauty of our beloved namesake, the ST. SEBASTIAN RIVER.
Sally A. Maio, MMC City Clerk Richard Gillmor, Mayor
L
I
3. ROLL CALL
City Council Present:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
SPECIAL MEETING
FY 2009/2010 MILLAGE AND BUDGET
WEDNESDAY, SEPTEMBER 23, 2009 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the special meeting to order at 6:12 p.m.
2. The Pledge of Allegiance was recited.
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Joseph Griffin
Administrative Services Director, Debra Krueger
Finance Director, Ken Killgore
Growth Management Director, Rebecca Grohall
Police Chief, Michelle Morris
Police Captain, Mike Beyers
MIS Senior Systems Analyst, Barbara Brooke -Reese
4. FINAL PUBLIC HEARING ON MILLAGE AND FY 2009/2010 BUDGET
The City Manager Announced the Proposed Millage Rate of 3.3456 Mills which is 12.1%
Less than Rolled -Back Rate of 3.8038 Mills.
The City Attorney read Resolution Nos. R -09 -36 millage, R -09 -37 budget, R -09 -38
financial policies and R -09 -39 Golf Course to Airport lease amendment by title only.
The City Manager gave a brief update on the proposed millage and budget,
demonstrating how Sebastian taxes on average have decreased approximately 10%
based on decreased assessed values and comparing percentages of all agency ad
valorem taxes, and noted Sebastian taxes represent only 19% of all taxes paid by City
residents to various Indian River County agencies.
Special City Council Meeting
Final Millage and Budget Hearing
September 23, 2009
Page Two
Mayor Gillmor called for public input at 6:19 p.m.
Damien Gilliams, 1623 US Highway One, Sebastian, said there is a lot of fat in the
budget and further cuts need to be made, that there is an excess in reserves which
means the City is overtaxing and stashing it away. He recommended waiving business
licenses, stopping buy -outs, waiving impact fees and drainage fees, cutting Council
salaries, citing the expense account, and suggested a Citizens Academy.
Joe Scozzari, Sebastian, noted not one Council member told staff to sharpen its pencil,
said a lot of grants don't have to be spent for seven years, and asked what we have to
offer people traveling on 1 -95 who see the billboards.
Barbara Salmon, Sebastian, said this is a public forum and there should be decorum.
Al Paternoster, Sebastian inquired whether the furloughs will be required of exempt as
well as hourly employees and whether the Police Department will be furloughed.
The City Manager responded that police officers will be furloughed but their time will be
staggered, and that all City employees will be furloughed.
Mr. Paternoster cautioned that by reducing the PD we are jeopardizing the community
and if there is a reduction in response time based on the furlough we are opening
ourselves up to liability.
Ms. Simchick asked the amount of savings from the PD furlough and the City Manager
responded it was approximately $150,000. Ms. Simchick noted we are taking $84,000
from reserves and maintaining the millage rate. She asked the City Attorney if the option
to draw more from reserves can be exercised at any time, and the City Attorney
responded yes as long as the budget is balanced.
Mr. Hill thanked staff, noted they had come down from a $400,000 deficit to an $84,000
deficit, and said it is the responsibility of the Chief to assure the level of service of the
Police Department is maintained.
Ms. Simchick said Council did not have to decide on Police furloughs tonight.
Mr. Hill suggested Chief Morris appear before Council at a future meeting to explain how
she will maintain levels of service.
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Special City Council Meeting
Final Millage and Budget Hearing
September 23, 2009
Page Three
09.056 i. RESOLUTION NO. R -09 -36 Millage Rate for Calendar Year 2009
(Finance Transmittal, R- 09 -36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
A MILLAGE RATE OF 3.3456 MILLS FOR THE CALENDAR YEAR 2009 AND ALLOCATING
SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30,
2010; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE.
MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution R- 09 -36.
The City Attorney stated for the record that the taxing authority is the City of
Sebastian, a municipal corporation under the laws of the State of Florida, the
rolled back rate is 3.8038 mills, there is no percentage increase over the rolled
back rate, rather there is a 12.1% decrease, and the millage rate is 3.3456 mills.
Result of the Roll Call:
Ayes: All
Nays: None
Passed 5 -0
09.056 ii. RESOLUTION NO. R -09 -37 Fiscal Year 2009/2010 Budget
(Finance Transmittal, R- 09 -37, Schedule A, Proposed Budget Previously
Provided)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2009 AND ENDING SEPTEMBER 30, 2010; MAKING APPROPRIATIONS FOR THE PAYMENT
OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND
INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE
CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL
IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING
DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ATTACHED HERETO,
ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
EFFECTIVE DATE.
MOTION by Mr. Hill and SECOND by Mayor Gillmor to adopt Resolution
R- 09 -37.
Result of the Roll Call:
Ayes: All
Nays: None
Passed 5 -0
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Special City Council Meeting
Final Millage and Budget Hearing
September 23, 2009
Page Four
5. OTHER MATTERS RELATING TO THE BUDGET
09.056 A.
Richard H. Gillmor, Mayor
ATTEST:
Sally A. Maio, MMC City Clerk
RESOLUTION NO. R -09 -38 City Financial Policies
(Finance Transmittal, R- 09 -38, Attachment A)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED
FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS
PROVIDED FOR IN ATTACHMENT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION by Ms. Coy and SECOND by Mr. Hill to adopt Resolution R- 09 -38.
Result of the Roll Call:
Ayes: All
Nays: None
Passed 5 -0
09.056 B. RESOLUTION NO. R -09 -39 Airport Lease to the Golf Course
(Finance Transmittal, R- 09 -38, Exhibit A, R- 00 -48, Exhibit A)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING RESOLUTION NO. R- 00-48, AUTHORIZING THE CITY MANAGER TO EXECUTE A
NEW LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND
FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN
MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution R- 09 -39.
Result of the Roll Call:
Ayes: All
Nays: None
Passed 5 -0
6. Being no further business, Mayor Gillmor adjourned the special meeting at 6:35 p.m.
Approved at the October 14 2009 Regular City Council meeting.
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City Council Present:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
None.
OW CAF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, SEPTEMBER 23, 2009 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the regular meeting to order at 6:45 p.m.
2. Rabbi Goldring, Congregation Beth El gave the invocation.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Airport Director, Joseph Griffin
Administrative Services Director, Deb Krueger
Finance Director, Ken Killgore
Growth Management Director, Rebecca Grohall
Police Chief, Michelle Morris
Police Captain, Mike Beyer
Parks Supervisor, Chris McCarthy
MIS Senior Systems Analyst, Barbara Brooke -Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Regular City Council Meeting
September 23, 2009
Page Two
Mr. Garland was not present.
C. Brief Announcements
6. 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.
09.128 A. Presentation of Certificate of Appreciation to Frank Garland Former
Construction Board Member
09.138 B. Presentation of Plaque Employee of the Second Quarter Barbara
1 Brooke -Reese MIS Senior Systems Analyst
Mayor Gillmor read Ms. Brooke Reese's accomplishments and presented her
with a plaque and savings bond.
Ms. Coy invited the public to the free McKee Botanical Garden Open House on
October 3 from 10:00 a.m. to 5:00 p.m.
Mr. Wolff welcomed the Sebastian River High students who were in attendance
for a class assignment.
7. 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 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.
3 -13 A. Approval of Minutes 9/9/09 Regular Meeting
15-18 B. Approval of Minutes 9/14/09 Special Meeting
09.139 C. Approve Road Closure for Substance Awareness Council 5K Run Fundraiser
19 -22 Saturday, January 2, 2010 7:30 am to 9:30 am Indian River Drive from
Harrison Street North to Jackson Street (Parks Transmittal, Application, Info)
09.140 D. Approve Road Closure for Sebastian River Middle School IB Program 5K Run
23 -28 Fundraiser Saturday, November 14, 2009 6:45 am to 9:30 am Indian River
Drive from Harrison Street North to Jackson Street (Parks Transmittal,
Application, SRMS Letter)
MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items
A -D passed with a voice vote of 5 -0.
8. COMMITTEE REPORTS APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for
City committee member nominations and appointments under this heading.
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Regular City Council Meeting
September 23, 2009
Page Three
09.141 A. Police Pension Board of Trustees
29 -58 i. Appoint Two Resident Positions for Two Year Terms (City Clerk Transmittal,
FS 185.05, 5 Applications, Board List, Press Release)
Ms. Bastian described her background and said she would like to stay challenged in the
investment arena.
Mr. Tanner said he was retired from the New York City Police Dept., and has diverse risk
experience.
Mr. Taracka said he has been a board member for the last four years and he would like to
continue.
Mr. Thibodeau said he was retired from the Springfield Massachusetts Police Dept. and was
looking for a volunteer opportunity.
Mr. Zomok was not in attendance.
The following nominations were made:
Mr. Hill nominated Mr. Taracka
Mr. Wolff nominated Mr. Tanner
Ms. Simchick nominated Mr. Thibodeau
Mayor Gillmor nominated Ms. Bastian
The result of the roll call on the first position was:
Mr. Hill Taracka
Ms. Coy Taracka
Ms. Simchick Tanner
Mr. Wolff Taracka
Mayor Gillmor Taracka
Mr. Taracka was appointed to the first position.
Using the same nominees, the result of the roll call on the second position was:
Ms. Coy Bastian
Ms. Simchick Tanner
Mr. Wolff Tanner
Mayor Gillmor Bastian
Mr. Hill Tanner
Mr. Tanner was appointed to the second position.
Mayor Gillmor thanked everyone who applied and encouraged them to apply for another
board vacancy.
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Regular City Council Meeting
September 23, 2009
Page Four
9. PUBLIC HEARINGS
09.129 A. Second Reading and Final Adoption of Ordinance 0 -09 -12 Noise (City Attorney
59 -64 Transmittal, Memo, 0- 09 -12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REPEALING SECTION 66 -3 (4) AND ENACTING CHAPTER 67; OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO UNNECESSARY AND
EXCESSIVE NOISE; PROVIDING ENFORCEMENT PROCEDURES AND EXEMPTIONS;
REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0 -09 -12 by title and the Mayor opened the
public hearing 7:09 p.m.
Mayor Gillmor explained in the past there was a noise ordinance but it was lost in
code reshuffling, there has always been City involvement with loud noises and
this will now give the Police Department an enforcement measure.
Damien Gilliams, 1623 US Highway 1, asked if the ordinance included the City
when they have concerts at Riverview Park. Mayor Gillmor replied all
businesses are exempt. The City Attorney confirmed any activity authorized by
City Council or the City Manager is exempt from this ordinance.
Mr. Gilliams continued by saying he was planning on acquiring a decibel reader
as the City breaks the law constantly.
Ms. Coy called for a point of order, stating certain remarks that are slanderous
are prohibited; and she took some of his remarks as slanderous.
Mayor Gillmor concurred, and Mr. Gilliams said, "To the honorable Mrs. Coy.
Mayor Gillmor gave him a second warning.
Tom Collins, Capt. Hiram's, said this issue came to his attention three or four
months ago and said when a neighbor isn't courteous to a neighbor there needs
to be some "teeth." He said he has talked with Mrs. Ferrell who has come to him
with loud music complaints and they have done everything they can do. He
urged Council to be cautious when talking about curtailing business interests;
they are open to any suggestions; and he would appreciate a call on any issues.
Joe Scozzari, Sebastian, said he thought the ordinance was five decibels over a
60 decibel reading. The City Attorney said it would be five over what you hear
without the noise. Mr. Scozzari said he hears nothing in his neighborhood at
6:30 in the evening, and five decibels above would be his speaking voice. He
suggested looking into decibel levels.
Mr. Hill clarified it is five decibels or more at the nearest property line.
If
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Regular City Council Meeting
September 23, 2009
Page Five
MOTION by Ms. Coy and SECOND by Mr. Hill to approve Ordinance No. 0- 09 -12.
Result of the roll call vote:
Ayes: All
Nays: None
Passed 5 -0
10. UNFINISHED BUSINESS none.
11. PUBLIC INPUT
Damien Gilliams, 1623 US Highway 1, said Council must have a vote when a
point of order is called. He said up to this month the City has been spending
approximately $1.5 to $1.8 M without going to bid which concerns him as the City
is going to take $84,000 out of the reserves.
Ms. Simchick cited F.S.287 which outlines requirements for purchasing. The City
Manager said she was correct and additionally the City has a purchasing
ordinance.
Ms. Simchick asked Mr. Gilliams for certain instances of the City's overspending.
Mr. Gilliams said Council should request an audit as the City is spending without
due diligence.
Joe Scozzari, Sebastian, said he provided the spending documents that Mr.
Gilliams referenced and said "you can nickel and dime yourself to wealth" as
well.
Mr. Wolff asked him to name the top three overspent items from his recollection.
Mr. Scozzari said the dog park fence, and some Police Department items that
donations paid for. He said there are retirees that can help department heads
shop. He asked how much department heads are allowed to spend before
coming to the City Manager.
Ms. Simchick said the department heads spend within their budget, with the
comptroller reviewing it.
The City Manager briefly explained the operating expenses on page 48 of the
budget which show a declining trend for the City. He said anything over $750
requires a bid, then up to $15,000 he can approve, and after that Council must
approve.
Mr. Scozzari asked if the City stayed within budget or went over. The Mayor said
the City went a little over.
Ms. Coy asked Mr. Wolff if he heard three items for which the City overspent
from Mr. Scozzari. Mr. Wolff said he heard fencing for the dog park and police
items.
Regular City Council Meeting
September 23, 2009
Page Six
12. NEW BUSINESS
Mr. Scozzari shouted from the audience it was a dog muzzle for $38.00 and the
Mayor gave him a warning.
09.015 A. George Street Ditch Rehabilitation Project (City Manager Transmittal,
65-105 Agreement, Recommendation)
The City Manager described the bid responses, noting staffs recommendation of
Sunshine Land Design is within the proposed local vendor guidelines.
MOTION by Mr. Hill and SECOND by Mr. Wolff to approve recommendations 1,
2, and 3 from staff.
Damien Gilliams, 1623 US Highway 1, said it is good to see things going out to
bid, suggested cutting out the drainage tax (stormwater assessment) when the
drainage is all straightened out. He said he paid for a site plan which included
drainage and has to pay the drainage tax which is double taxation.
Mr. Wolff asked if it would be too difficult to ask Sunshine Land Design to accept
the low bid of $76,093. The City Manager explained it was a line item bid, it
would upset the bidding process, and the numbers are pretty much there.
In response to Ms. Coy, the City Manager said we have had a good working
relationship with Sunshine Land Design.
Result of the roll call vote:
Ayes: All
Nays: None
Passed 5 -0
09.142 B. NationAir Insurance Group Airport Lease Agreement (Airport Transmittal,
107 -128 Lease, Schedules)
The Airport Director said NationAir Insurance Group has made an application to
rent a wing at the Airport Administration Building for $8.50 a square foot which
has been approved by FDOT. He noted the lease package includes an airport tie
down.
MOTION by Mr. Hill and SECOND by Mr. Wolff to approve.
Damien Gilliams, 1623 US Highway 1, said the last lease he did was for $15.00 a
square foot and asked if there was an appraisal in the file. He suggested taking
this off the agenda and have two appraisals done so the taxpayer knows what
the property is worth.
In response to Ms. Simchick, the City Attorney advised that an appraisal was not
required by FDOT or FAA.
6
Regular City Council Meeting
September 23, 2009
Page Seven
Mr. Hill said it was wonderful to see business coming to the community and
thanked the Airport Director.
Mayor Gillmor reminded everyone what we are not receiving anything for the
property now.
Mr. Wolff said the building has been unoccupied for four years, by getting people
in the building, they will bring more people and in five years we can re- negotiate
the price of the lease.
Ms. Coy also thanked the Airport Director. The Airport Director said a lot of the
credit must also be given to the City Manager and City Attorney.
Result of the roll call vote:
Ayes: All
Nays: None
Passed 5 -0
13. CITY ATTORNEY MATTERS none.
14. CITY MANAGER MATTERS
09.143 A. KB Homes Settlement Update (City Manager Transmittal, Minutes, Previous
129 -136 Transmittal, Offers)
The City Manager reported that he has accepted KB Homes settlement in the
amount of $10,000 which was approved by Council in 2008.
09.144 B. Furlough Day Report (City Manager Transmittal)
137
The City Manager said he is beginning to plan for the furlough days which is
asking the all of the employees to take a 5% pay cut except for the PBA who will
be receiving a raise through their contract but end up breaking even with the
furlough days.
He said the days were listed in the agenda packet but they have been nullified
and rescheduled as stated in his Sept. 21 e-mail to Council. (copy attached)
He said staff will do their very best to keep four police officers on the streets at all
times. He noted the police dispatchers are short staffed and will probably not be
furloughed; and the Golf Course employees have offered to work without pay to
stay open.
Purchasing
The City Manager said he understood the season (of questioning purchasing)
and with Council's guidance he has tried to bring down taxes. He recalled his
first budget in which Council wanted to reach rolled -back which was done by
8
go
Regular City Council Meeting
September 23, 2009
Page Eight
eliminating the two procurement employees and placing the procurement
responsibilities onto the department heads which has saved $750,000 in
personnel costs to date. He said the success was measured by decreasing
personnel, operating and capital costs.
He said at that time he instituted a procurement program with the department
heads and displayed the regulations on the overhead screen (attached).
In response to Council's renewed directive to spend money locally he cited how
much money has been spent since 10/1/08 to date:
The City Manager noted part of the outside the region amount is the S.E. Cline
Collier Creek project which is out of Palm Coast. He said the out of state
amount includes the wall material from a Georgia company and computer
supplies from AT &T.
He said we are doing our best to use the vendors in town and spending our
money wisely.
15. CITY CLERK MATTERS none.
16. CITY COUNCIL MATTERS
A. Mayor Gillmor
Mayor Gillmor said one of his friends had recently come down with H1N1 virus
and urged people to check with their doctor to see if they need a flu shot.
B. Vice Mayor Hill
Mr. Hill asked the City Manager to look at some solutions to the hodge podge of
signs at the entrance of Main Street to the Airport.
He said it is silly season tonight and commended the Mayor for the way he
handled the meetings tonight.
C. Council Member Coy
932,256 in Sebastian
534,895 in Indian River County
1.26 M in the region
3.2 M outside the region
3 M out of state
Ms. Coy asked how many high school students were still in attendance and
asked one young lady to come to the podium.
Lindsey Wexler, student, said they were assigned a government project and had
to write a paper giving their opinion on what they observed tonight.
8
Regular City Council Meeting
September 23, 2009
Page Nine
Richard H. Gillmor, Mayor
ATTEST:
Sally A. Maio, MMC City Cleric
D. Council Member Simchick
Ms. Simchick said it was a great night for the kids to see diversity.
She said the Boy Scouts will be in front of Publix on Roseland Road and
Sebastian Blvd. this weekend selling popcorn and encouraged everyone to
support their local boy scouts.
E. Council Member Wolff none.
17. Being no further business, Mayor Gillmor adjourned the regular meeting at
8:07 p.m.
Approved at the October 14, 2009 Regular City Council Meeting.
I
HOME OF PELICAN ISIAND
AGENDA TRANSMITTAL
Subject: Funding Authorization for
Additional Work Related to Collier Canal
Project:
Ap rove for Submittal by:
Al inner, City Manager
Agenda No. Oq. d 5q
De.artment Origin: Administrative Services
Finance Director
City Clerk:
City Attorney:
Date Submitted: September 30, 2009
For Agenda of: October 14, 2009
Exhibits: S.E. Cline Change Order #8
S.E. Cline email dated September 25, 2009, 12:25pm
Summary of S.E. Cline Change Orders to Date
EXPENDITURE
REQUIRED: $27,805.00
AMOUNT BUDGETED:
$5,504,417.00
APPROPRIATION
REQUIRED: $0.00
SUMMARY
S.E. Cline Construction, Inc. original proposal for Collier Canal bulkhead design was based on soil
borings furnished by CDM Engineering, which indicated that the wall design and construction could
be accomplished using MR -2 Manta Ray anchors located on 12' centers. Unfortunately, near the
canal bulkhead wall, in the Wimbrow and Main Street area, the soil is much less stable than
anticipated and the tiebacks were not setting in a proper and safe manner.
To date, S.E. Cline has installed more than 6,000 linear feet of bulkhead with approximately 350
linear feet requiring a different anchorage arrangement due to loose soil. The problem areas were
north of the Barber Street Bridge on the east side of the Collier Canal (Segment 5). All other areas
have had no problems and have performed exactly as the design permitted. This issue was initially
reported to you in the City Manager Current Topics Update of June 5, 2009.
RECOMMENDED ACTION
Move to approve S.E. Cline Construction, Inc., Change Order #8 in the amount of $27,805.00 for
construction of additions to Collier Canal Project resulting from Wimbrow Soft Soil Conditions.
0_0
CHANGE ORDER #8
PURCHASE ORDER 5863
CONTRACTOR: S.E. Cline Construction Co.
ADDRESS: 18 Utility Drive
Palm Coast, Florida 32137
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
PROJECT NAME: Collier Canal Stormwater
Retrofit Project Design -Build Services
PROJECT C4606
PHONE 386- 931 -0016
CONTRACT NAME: Collier Canal Stormwater
CONTACT DATE: September 26, 2008
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. Wimbrow Soft Soil Conditions Station 10 +00. Required change from 8' 14' Vinyl Sheets. Redesign and
additional materials to include I -Beams Segment 5.
A) Contract Price Prior to this Change Order
Net Increase (Decrease) Resulting from this Change Order
New Contract Price Including this Change Order
B) Contract Time Prior to the Change Order (Number of Days)
Net Increase (Decrease) Resulting from the Change Order (Number of Days)
New Completion Date Including this Change Order
AGREED:
COMPAJ,YY
G. 4
Authorized Signature
CITY OF SEBASTIAN:
City Manager
Project Manager
Date:
Date:
Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one):
City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order
X City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order
City Attorney as to legal
ATTEST:
$3,316,470.42
27,805.00
3,344,275.42
days
days
Finance Director as to budget Sally A. Maio, MMC, City Clerk
Debbie Krueger
From: Hap Cameron [hap @clineconstruction.net]
Sent: Friday, September 25, 2009 12:25 PM
To: Debbie Krueger
Cc: 'Marine Operations S.E. Cline Construction, Inc.'
Subject: Change order explanations
Zebra,
er our conversation regarding C.O. 5 6 please see the following explanations:
Wimbrow soft soil conditions stations 10 +00 to station 19 +66 Our proposal for Collier Canal bulkhead design
as based on soil borings furnished by CDM, which indicated that the wall design and construction could be
complished using MR -2 Manta Ray anchors located on 12' centers.
o date we have installed more than 6000 1.f. of bulkhead with approximately 350 1.f. requiring a different anchorage
rangement due to loose soils.
some cases we had to put in more Manta Ray anchors with a closer spacing to meet the required design loading.
other locations the soils were so loose that we had to install 14' long sheetpile instead of 8' and drive 8" x 20' long H-
le to act as deadmen instead of Manta Rays to meet the required design loading.
ie area we encountered these problems was North of The Barber St. brige on the East side of the Collier Canal, while all
the other areas we have worked, performed exactly as our design predicted.
Lou�l4 you have any other questions feel free to call at anytime.
:''Dredging Load Haul Disposal Additional 959 C.Y. The Collier Canal Project was bid per CDM's design
th the Finish grade of the cap to be 8 "above the existing cap and with swales graded behind the cap, which required an
:imated 3,400 C.Y. of material.
le soil borings indicated that the material from the canal would be suitable for this purpose with only 9% fines.
'ring the design stage it was determined that this design was not desirable and would disrupt the existing drainage of the
tire neighborhood.
e bulkhead cap was lowered to the original grade and the rear yard swales were deleted, eliminating the need for the
aerial.
also found that the material coming from the canal had much higher fines content and was not suitable for any other
except disposal.
these reasons we are disposing of 100% of all the dredged material.
could you have any other questions feel free to call at anytime.
�t Regards,
VI. "Hap" Cameron Jr.
nonng
Zc
Page 1 of 1
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Subject: Alcoholic Beverage Approval for
Ford Wedding Reception at Yacht Club
Approved or Submittal by: City Manager
1 t
Agenda No.
Department Origin:
Finance Director:
City Attorney:
City Clerk:
C 4 j-
_�,/�'y.
Date Submitted: September 29, 2009
For Agenda of: October 14, 2009
A r t I er
Exhibits: Receipt and Copy of Rental Permit Application
EXPENDITURE REQUIRED:
None
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: None
Off 01
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
SUMMARY
James Ford is seeking Council approval to serve alcoholic beverages for a wedding reception at
the Yacht Club on October 24, 2009 from 1:00 until 5:OOPM. Staff has verified applicant's date
of birth. They are expecting 30 people to attend the party.
RECOMMENDED ACTION
Move to approve alcoholic beverages at the Yacht Club for the Ford wedding reception on
October 24, 2009 from 1:00 until 5:00PM.
CI YOF
5tgAITI 4
HOME OF PELICAN ISLAND
NAME OF PERMTI 1
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
DATE: T 24- 0' COMMUNITY CENTER
f F 2
ADDRESS OF PERMITTEE: q 7 2_ F'g IIS c4-A/ 574 s p�
No. Street City
PHONE Y MAILING ADDRESS: -C4
NAME OF GROUP OR ORGANIZATION �R1 j
REASON FOR RENTAL: W EAL) 1 K C %/ew
ANTICIPATED NUMBER OF PERSONS ATTENDING EVENT: 30
If more than 75 attendees, extra duty police officer services are required (R- 02 -47
REQUESTED DATE: j0 2-1-2409 TIME: From: (%UO P/M To: 5,10d Ph't
PLEASE ANSWER YES OR NO:
1_ Are You a Resident of Sebastian?
2. Will There Be An Admission or Door Charge?
3. Will Alcoholic Beverages Be Served?
(a) If answer to #3 is Yes, Permittee's proof of age:
)1.4–
Make checks payable to City of Sebastian (A service fee of 5% or $10.00,
whichever is greater, may be charged for a dishonored check per City
Resolution No. R- 96-41)
YACHT CLUB
Office Use Only
Rent
Non Resident..
Total
Tax.
P. 0. Services
Total
SECURITY DEPOSIT $250.00
RENT
7% TAX
POLICE OFFICER SERVICES
OFFICE USE ONLY
DATE PAID
RECEIPT NO. INITIALS
Alcohol Beverage Request
APPROVED
Police Department Agreement Confirmed (if applicable)
Key Pickup Date: Key Returned Date:
DISAPPROVED
Date..
Security Deposit Returned By City Check# For On-
TO RENTERS OF SFRASTTAN COMMUNITY CENTER OR YACHT CLUB_
A deposit of two hundred fifty dollars ($250.00) for cleanup must be made with the application_
This deposit is refundable if the building is left clean and undamaged by permittee.
If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall
be forfeited, based on information supplied by the superintendent of buildings.
T e E g e_1 permittee for said premises, have read the rental rules
and regulations and agree to all the conditions listed. Furthermore, I understand that neglecting
to clean the premises immediately afterward will result in forfeiture, in part or full, of the security
deposit.
CITY OF SEBASTIAN
FINANCE DEPARTMENT RECEIPT 6123
Name f� -3 E 0 p f, Cash
Date q T S 0 c laeheck Uls 3 l
Amount Paid
001001 208001 Sales Tax
001001 220000 Security Deposit -Com. Center
001001 220000 Security Deposit -Yacht Club
001501 322900 Garage Sale Permit
001501 329500 Alarm Citation
001501 341920 Copies
001501 351140 Parking Citation
001501 354100 Code Enforcement Fines
001501 342100 Police Security Services
001501 359000 Other Fines /Forfeitures
001501 362100 Rent Royalties/ Com. Center
001501 362100 Rent/Royalties/Yacht Club
001501 362150 Park Rent/Pavilion Iect
001501 369900 Other Miscellaneous Revenue
Initials
IS `00
Total Paidtt 331 •)-S
White Dept. of Origin Yellow Finance Pink Applicant
I
r cma
SL�T
HOME OF PELICAN ISLAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Execution of 1 Addendum to
Interlocal Agreement Law
Enforcement Agencies St. Lucie
Crime Laboratory
City Manager
City Attorney
Agenda No:
Department Origin: City Clerld
Date Submitted: 10/8/09
For Agenda of: 10/14/09
Exhibits: Original 2003 Interlocal Agreement, Addendum to Remove Paragraph 6
SUMMARY STATEMENT
In 2003, the City of Sebastian entered into an interlocal agreement under FS 163.01
with various County and City law enforcement agencies for all agencies to utilize the
St. Lucie County Crime Laboratory, and the agreement was signed by former Mayor
Walter Barnes. The agreement was amended in 2005 to remove paragraph 6, and
Council authorized former Mayor McCollum to execute that addendum.
The St. Lucie County Attorney is now requesting new signatures on the addendum.
RECOMMENDED ACTION
Authorize the Mayor to execute the addendum to interlocal agreement on behalf of
the City Council.
THIS INTERLOCAL AGREEMENT made thisdia day of hiltAbt) 2001
between the INDIAN RIVER COUNTY SHERIFF; the MARTIN COUNTY SHERIFF; the
OKEECHOBEE COUNTY SHERIFF; the ST. LUCIE COUNTY SHERIFF; the CITY OF
FELLSMERE, a Florida municipal corporation, the CITY OF FORT PIERCE, a Florida municipal
corporation; the TOWN OF INDIAN RIVER SHORES, a Florida municipal corporation; the
CITY OF OKEECHOBEE, a Florida municipal corporation; the CITY OF PORT ST. LUCIE,
a Florida municipal corporation; the CITY OF SEBASTIAN, a Florida municipal corporation;
the TOWN OF SEWALL'S POINT, a Florida municipal corporation; the CITY OF STUART,
a Florida municipal corporation; and the CITY OF VERO BEACH, a Florida municipal
corporation.
WHEREAS, Section 163.01, Florida Statutes, provides that local government units and
independent constitutional officers may cooperate by agreement to provide necessary and
essential public services, and
WHEREAS, the Indian River Crime Laboratory, hereinafter called "Crime Lab"
provides assistance to law enforcement agencies operating within the circuit; and,
WHEREAS, for a number of years the parties have coordinated the funding,
administration and management of the Crime Lab; and,
g: \atty \agreemnt \interlaa \sheriff -Crime lab
L
INTERLOCAL AGREEMENT
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 3318092 03/0512009 at 01:18 PM
OR BOOK 3066 PAGE 674 684 Doc Type: AGR
RECORDING: $95.00
F
St. Lucie County Sheriff's Office
Indian River County Sheriff's Office
Martin County Sheriff's Office
Okeechobee County Sheriff's Office
Vero Beach Police Department
Fort Pierce Police Department
Sebastian Police Department
Sewall's Point Police Department
WHEREAS, the parties desire to formally create the Indian River Crime Laboratory
Advisory Council (the "Crime Lab Council and establish its responsibilities with regard to the
Crime Lab;
WHEREAS, the parties further desire to transfer the responsibility for
administration and management of the Crime Lab to the St. Lucie County Sheriff, who agrees
to assume those responsibilities.
NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises,
the parties agree as follows:
1. GENERAL
This Agreement is entered into pursuant to Section 163.01, Florida Statutes,
Florida Interlocal Cooperation Act.
2. CREATION OF COUNCIL
Pursuant to Section 163.01, Florida Statutes, the parties hereby create and
establish the Indian River Crime Laboratory Advisory Council (the "Crime Lab Council
composed of the following agencies authorized to vote on matters relating to the operation
of the Crime Lab:
g \atty \agreemnt \interloc \sheriff crime lob
2
Port St. Lucie Police Department
Indian River Shores Public Safety Department
Okeechobee Police Department.
Stuart Police Department
Fellsmere Police Department
It is the parties' express intent that the Crime Lab Council shall have sovereign immunity
pursuant to the provisions of Section 768.28, Florida Statutes.
3. COUNCIL RESPONSIBILITIES
The Crime Lab Council and contributions from the State of Florida shall fund the
Crime Lab. The Council members will make contributions to the Crime Lab based on the
population of the member agency's jurisdiction and number of submissions. The formula used
will be determined by a simple majority vote of the contributing Council members. The Crime
Lab Council will meet semi annually. The first meeting will be to review and approve the
proposed budget. A second meeting will be held to review the activities of the Crime Lab and
receive a briefing by the St. Lucie County Sheriff about the budget status and other
pertinent issues facing the Crime Lab and /or its personnel.
The Crime Lab Council will have total discretion over expenditures. Upon
approval of these budget expenditures, it will be the responsibility of the St. Lucie County
Sheriff to manage these funds and make them available to the Crime Lab for operational and
capital expenses.
g: \atty \agreemnt \interloc \sheriff -crime lab
3
4. ST. LUCIE COUNTY SHERIFF RESPONSIBILITIES
The parties acknowledge that the St. Lucie County Sheriff shall administer and
manage the day to day operations of the Crime Lab. The St. Lucie County Sheriff shall also
manage the finances of the Crime Lab which shall include the preparation of a draft budget
for submission to the funding agencies each fiscal year. The St. Lucie County Sheriff shall
arrange for an independent audit of the Crime Lab. During the term of this Agreement, all
employees of the Crime Lab shall be deemed to be employees of the St. Lucie County Sheriff.
5. TERM
The term of this agreement shall begin on the date first above written and
shall continue until terminated as set forth in Paragraph 7.
6. INDEMNITY
Subject to the provisions of Section 768.28, Florida Statutes, each of the
parties individually agrees to indemnify and hold the St. Lucie County Sheriff harmless from
and against any actions at law to recover damages in tort for money damages for injury or
loss of property, personal injury, or death arising out of this Agreement and caused by the
negligent or wrongful act or omission of any of their respective employees while acting within
the scope of his office or employment under circumstances in which the party, if a private
person, would be liable to the claimant, in accordance with the general laws of the State of
Florida.
g: \atty \agreemnt \interloc \sheriff -crime Inb
4
Subject to the provisions of Section 768.28, Florida Statutes, the St. Lucie
County Sheriff agrees to indemnify and hold the other parties harmless from and against any
actions at law to recover damages in tort for money damages for injury or loss of property,
personal injury, or death arising out of this Agreement and caused by the negligent or
wrongful act or omission of the 5t. Lucie County Sheriff or any employee of the St. Lucie
County Sheriff while acting within the scope of his office or employment under circumstances
in which the St. Lucie County Sheriff, if a private person, would be liable to the claimant, in
accordance with the general laws of the State of Florida.
7. TERMINATION
Any of the parties may terminate its participation in the Council and
responsibilities under this Agreement upon written notice to the other parties on or before
June 1 Such termination shall be effective on October 1s of the year in which the notice
is given. All responsibilities and obligations of the party under this Agreement shall
terminate at that time.
8. WHOLE AGREEMENT
This Agreement embodies the whole understanding of the parties. There are
no promises, terms, conditions or obligations other than those contained herein; and this
Agreement shall supersede all previous communications, representations, or agreements,
either verbal or written, between the parties hereto.
g: \atty\agreemnt \interloc\sheriff -crime lab
5
9. AMENDMENTS
The Agreement may only be amended by a written document signed by all
parties and filed with the Clerks of the Circuit Court of Indian River, Martin, Okeechobee,
and St. Lucie Counties, Florida.
10. NOTICES
All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified mail, return receipt requested,
and addressed as follows:
If to St. Lucie County Sheriff: If to Indian River County Sheriff:
St. Lucie County Sheriff
4700 West Midway Road
Fort Pierce, Florida 34950 -5652
If to Martin County Sheriff:
Martin County Sheriff
800 SE Monterey Road
Stuart, Florida 34994
If to City of Fellsmere:
City Manager
21 5. Cypress Street
Fellsmere, Florida 32948
If to Town of Indian River Shores:
Town Manager
6001 N. A -1 -A
Indian River Shores, Florida 32963
g• \atty \agreemnt \interloc \sheriff -crime lab
6
Indian River County Sheriff
4055 41' Avenue
Vero Beach, Florida 32960 -1808
If to Okeechobee County Sheriff:
Okeechobee County Sheriff
504 NW Fourth Street
Okeechobee, Florida 34972
If to City of Fort Pierce:
City Manager
P.O. Box 1480
Fort Pierce, Florida 34954
If to City of Okeechobee:
City Manager
55 SE 3r Avenue
Okeechobee, Florida 34974
If to City of Port St. Lucie:
City Manager
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
If to City of Sebastian:
City Manager
P.O. Box 780127 1225 Main St.
Sebastian, Florida X2970 32958
If to City of Vero Beach:
City Manager
P.O. Box 1389
Vero Beach, Florida 32961
9 \atty \agreemnt \interloc \sheriff -crime lab 7
If to Town of Sewall's Point:
Town Manager
1 5. Sewall's Point Road
Sewall's Point, Florida 34996
If to City of Stuart:
City Manager
121 SW Flagler Avenue
Stuart, Florida 34994
11. FILING
This Agreement shall be filed with the Clerks of the Circuit Court of Indian
River, Martin, Okeechobee, and St. Lucie Counties, Florida, prior to its effectiveness.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates below written.
ST. LUCIE COUNTY ERIFF
By:
Date: r7-17e3
WITNESSES:
WITNESSES:
Loi
g: \atty \agreemnt \interloc \sheriff -crime lab 8
INDIAN RIVER COUNTY SHERIFF
Date:
MAR C! NTY s
By
Date: C 2' 3
OKEECHOBEE COUN SHE
By:
Date: 6-g 03
TOWN OF FELLSMERE
Approved as to Form and Correctness:
T W A
ATTEST:
Clerk
g: \atty \agreemnt \interloc \sheriff -crime lab 9
CITY OF FO ERCE
By:
Date:
App
By:
TOWN OF INDIAN RIVER SHORES
ay V
Date: e57G -3
Approved as to Form and Correctness:
By:
CITY OF
By:
Date:
Form and Correctness:
City Attorney
EECHOBBEE
Approved as to Form and d Correctness:
By: V�
City Attorney
Approved with the deletirn of Paragraph 6.
ATTEST:
ATTEST:
Clerk
g: \atty \agreemnt \interloc \sheriff -crime lob 10
Mayor
Date: Ai 1/Afres7e. .=74 2007
rm and Co rectness:
Appro to
By: i2 r
wig ity Attorney
By:
Date:
App
By:
TOWN 'S POI
A f or
own Attorney
CITY OF SEBASTIAN
By: Wei-1 W Yj a••NW)
Mayor
Date: g- 2 -D=s
City Atto
and Correctness:
Approve o Fo m and Correctness:
B ��L l
ATTEST:
ii Uo�
g: \atty \agreemnt \interloc \sheriff -crime lab 11
By:
Date:
Approv
By:
CITY OF VERO BEAC
By:
Mayor
Date: /1(11°3
Approved as to Form and Correctness:
By:
to Form and C ectness:
City Attorney
City Attorney
IN WITNESS WHEREOF, I have executed this agreement, specifically, Interlocal
Agreement and First Addendum Indian River Crime Laboratory, on this 2 -f," day
of July, 2009.
DERYL LOAR
a' SHERIFF
INDIAN RIVER COUNTY SHERIFF'S OFFICE
DATE: 7/,1441
WITNESSES:
THIS FIRST ADDENDUM made this 30 day of %7`i./ 2001,
between the INDIAN RIVER COUNTY SHERIFF; the MARTIN COUNTY SHERIFF; the
OKEECHOBEE COUNTY SHERIFF; the ST. LUCIE COUNTY SHERIFF; the CITY OF
FELLSMERE, a Florida municipal corporation; the CITY OF FORT PIERCE, a Florida
municipal corporation; the TOWN OF INDIAN RIVER SHORES, a Florida municipal
corporation; the CITY OF OKEECHOBEE, a Florida municipal corporation; the CITY OF
PORT ST. LUCIE, a Florida municipal corporation; the CITY OF SEBASTIAN, a Florida
municipal corporation; the TOWN OF SEWALL'S POINT, a Florida municipal corporation; the
CITY OF STUART, a Florida municipal corporation; and the CITY OF VERO BEACH, a
Florida municipal corporation.
WHEREAS, Section 163.01, Florida Statutes, provides that local government units and
independent constitutional officers may cooperate by agreement to provide necessary and
essential public services; and,
WHEREAS, the parties have or anticipate entering into an interlocal agreement
regarding the operation of the Indian River Crime Laboratory, hereinafter called
"Agreement and,
WHEREAS, the parties have agreed to delete the indemnification provisions set forth
in the Agreement.
FIRST ADDENDUM TO INTERLOCAL AGREEMENT
g: \atty \agreemnt \interloc\sheriff -crime lab 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE t 3318093 03/06/2009 at 01:18 PM
OR BOOK 3066 PAGE 685 699 Doc Type: AGR
RECORDING: $129.00
NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises,
the parties agree as follows
1_ Paragraph '14. Indemnification, of the Agreement is hereby deleted in its
entirety.
2. This Addendum shall be filed with the Clerks of the Circuit Court of Indian
River, Martin, Okeechobee, and 5t. Lucie Counties, Florida, prior to its effectiveness.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the
dates below written.
WI SES:
WITNESSES:
WITNESSES:
g: \atty \agreemnt \interloc\sheriff -crime lab
2
ST. LUCIE COUNTY SH F
By:
Date:
INDIAN RIVER COUNTY SHERIFF
By:
Date:
MARTIN COUNTY SHERIFF
By:
bete:
F® -23 -2005 10:37 FROM:INDIAN RIVER CRIME L 772- 462 -3642
ATTEST:
ATTEST:
Clerk
Clerk
g: \atty \interloc \sherif f- crime. inb.addendum.wpd
g:\ atty\ agreemnt\interioc \sherlff•crfrne lab 5
By
TO:817723001072 P.6'6
CITY OF 5EBA
Mayor
Date: 3/10/05
Approved as to Form and Correctness:
By: L N. t
City Attorn
CITY OF STUART
By:
Mayor
bate:
Approved as to Form and Correctness:
By:
City Attorney
CITY OF VERO BEACH
By:
Mayor
Date:
Approved as to Form and Correctness:
BY:
City Attorney
I
Subject: Aquatic Weed Control Annual
Contract
Approved for Submittal by:
Agenda No.
Department Origin: Public Works
Department Head :i•2.2ne-e-‘
Finance Director:
City Attorney: /ir
City Clerk: 1'
A n•r
Date Submitted: 10 -06 -09
For Agenda of: 10 -14 -09
Exhibits: Cost estimate from Contractor, copy of contact from DEP
EXPENDITURE
REQUIRED:
As Budgeted
AMOUNT
BUDGETED:
50,000
APPROPRIATION
REQUIRED:
As budgeted
FUNDING SOURCE:
General Fund
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
SUMMARY
The Annual Aquatic Weed Control contract expires November 0. In the interest of keeping
the canals with a 95% or better vegetation control, we talked to the contractor about the
possibility of piggy backing another contract. We are therefore, asking that we be allowed to
piggy back the time and materials contract from the Florida Department of Environmental
Protection. Although their contract requires considerably more acreage, their requirements
for keeping the canals weed free are much more stringent than ours. As you can see from the
letter from Applied Aquatics the costs for our areas of concern are close to what we pay now.
I have attached a spread sheet of our current costs verses our proposed new costs. We have
done business with Applied Aquatics for a number of years and have found them to be
exceptionally cooperative when we have complaints from residents or need an occasional
ditch sprayed that is not part of the contract.
RECOMMENDED ACTION
Move to approve a contract with Applied Aquatics based on the piggyback rates from the
DEP contract for time and materials
Location
Frequency
current cost
proposed cost
difference
Canals
Monthly
2,000.00
1,950.00
(50.00)
65.00
Stonecrop Basin
Quarterly
1,350.00
1,415.00
Periwinkle Pond
Quarterly
180.00
100.00
(80.00)
(550.00)
Balboa Ditch
Quarterly
1,300.00
750.00
4,830.00
4,215.00
(615.00)
Yearly Yearly Decrease
$35,320.00 32,525.00 $2,795.00
From: applied aquatic
10/07/2009 08:31 8009 P.001/001
863-533-8882
To: Linda City of Sebastian
Fax: 772.228.7077
Date: 10.7.09
From: Jennifer Myers
Fax (863) 534 -3322
Office #(863) 533 -8882 or 1- 800 -408 -8882
Subject: Estimate Rate Sheet
Comments: Based on you last year of service the rates for the
St. John's contract, I came up with the following estimates
Monthly Service: $1,950.00 per month
Stone Crop Basin: $1,415.00 per treatment
Periwinkle Pond: $100.00 per treatment
Balboa Ditch: $750.00 per treatment
I have also attached the rate sheet for the contract. This contract
does have an escalation clause that allows AAM to request a 5%
increase annually. This increase is applied for and may or may not
be approved.
Number of pages including
cover: 3
If you have any problems receiving the telecopy, or do not
receive the indicated number of pages, please call (863) 533-
8882 or 1- 800 408 -8882.
Thank You
11U 14 O f rtsuri— T -801 P002/003 F -044
DEP CONTRACT NO. PL085
AMENDMENT NO. 1
THIS CONTRACT as entered into on the 5 day of May, 2005, between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department"), and APPLIED AQUATIC
MANAGEMENT, INC. (hereinafter referred to as the "Contractor is hereby amended as follows:
In accordance with Paragraph 7.E., which provides for an increase in rates of up to 5% for each year after
the initial year of the Contract the Contractor's request to increase rates is approved and effective May 5,
2007, or the execution date of this Amendment, whichever date is later, Attachment D, Fee Schedule, is
hereby deleted in its entirety and replaced with Attachment D -1, Revised Fee Schedule, attached hereto and
made a part of the Contract. All references in the Contract to Attachment D shall hereinafter refer to
Attachment D -1, Revised Fee Schedule.
In all other respects, the Contract of which this is an Amendment and attachments relative thereto, shall
remain in frill force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last
written below.
APPLIED AQU r C MANAGEMENT, INC. FLORIDA DEPARTMENT OF
By;
Title:
Date:
ENVIRONMENTAL PROTECTION
Date:
DEP4ttomey
List of attachment/exhibits included as part of this Contract:
Specify Tvpe Letter/Number Description (include number of pages)
Attachment D-1 Revised Fee Schedule (1 Page)
I(at Ethrid ,DEP Contract Manager
�.c
1-1-. �i
DEP Contracts A s for
Approved as to form and legality:
DEP Contract No. PL085, Amendment No. 1, Page 1 of 1
Division of fate Lands or designee
#"2
Notes:
ATTACHMENT D -1
REVISED FEE SCHEDULE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT SOUTH AREA
Unit Price
A. Chemical Control
(Contractor furnished airboat, spray system and crew) 54.60/Hour
B. Snagging 47.25/Hour
C. Pushing 47.25/Hour
*Adjuvants (drift control, spreading, penetrating agents, etc.) shall be used to optimize herbicide
effectiveness and should be figured in the respondent's unit price for herbicide.
The DEP reserves the right, at its option, to famish any or all of the herbicides and spray
additives in lieu of payment to the Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. PL085, Attachment D -1, Page 1 of 1
1 rozwvies r -oLi4
VolloOrailimassavaMeasftwaspolurOmr
wormaftwAftplamoormorvaneftriOerlowsveroir
IsMarftwilarogrolarliftrftwollsor
September 11, 2008
Mr. P.J. Myers
Applied Aquatic
Management, Inc.
P. 0. Box 1469
Eagle Lake, Florida 33839 -1469
Dear Mr. Myers:
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Michael W. Sole
Tallahassee, Florida 32399 -3000 Secretary
Chapter 2008 -150 Laws of Florida, amended Chapter 369, F.S. to transfer the authority
to direct the control, eradication and regulation of aquatic plants and to achieve
eradication or maintenance control of invasive plants on public lands in the State of
Florida from the Department of Environmental Protection (DEP) to the Horida Fish and
Wildlife Conservation Commission (FWCC). Your agreement with DEP (DEP Contract
No. PL085) is included in this transfer.
Enclosed is a copy of the Assignment Agreement which transfers your agreement to
FWCC. Day to day operation of your contract should not be affected. However, if you
have any questions, please contact the contract /grant manager identified in your
agreement.
Sincerely,
Ruth Heggen
Procurement Administrator
RH /db
Enclosure
"More Protection, Less Process"
www.dep.state Jl. us
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
'FWC Contract No. 08113
ti DEP Agreement No. ADM599
ASSIGNMENT AGREEMENT OF CONTRACT RIGHTS AND RESPONSIBILITIES
This Agreement is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, which is hereinafter referred to as "DEP", and the FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION, which is hereinafter referred to as "FWC
and both are hereinafter collectively referred to as the "Agencies
WHEREAS, Chapter 2008 -150 Laws of Florida amended Chapter 369, F.S. to transfer to FWC
from DEP the authority to direct the control, eradication and regulation of aquatic plants and to achieve
eradication or maintenance control of invasive plants on public lands in the State of Florida; and,
WHEREAS, the budget, positions, and rate of the Bureau of Invasive Plant Management have
been transferred from the Division of State Lands in DEP to the Section of Invasive Plant Management in
FWC's Division of Habitat and Species Conservation by the Legislative Budget Commission on June 18,
2008; and,
WHEREAS, the rules governing aquatic plant management and control have been transferred
from DEP to FWC effective June 27, 2008; and,
WHEREAS, DEP is a party to certain contracts that DEP entered into in fulfillment of its
responsibilities which have been reassigned to FWC.
NOW, THEREFORE, DEP assigns all rights and responsibilities it has under the contracts listed
in Exhibit A "the Contracts and any amendments thereto. FWC assumes and agrees to perform all the
remaining and executory obligations of DEP under the Contracts and any amendments thereto.
The Agencies agree that FWC shall be the primary custodian of all the Contracts, any
amendments, and any associated records upon execution of this assignment. DEP agrees to transfer
certified copies of all the Contracts and amendments, and copies of associated records to FWC as soon as
practicable.
IN THE WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement
thru their duly authorized signatories on the day and year last written below.
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Date
Approved as to form and Legality:
DEP ATTORNEY
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Kenneth D. Haddad
Executive Director
fik/ o g
Date
Approved as to form and Legality:
1
Task Assignment Number:
Task Assignment Term:
Contractor Name:
Contractor's Contract Manager:
Fundlna Information:
9 Q9dp
13J10 -2800 -000 Q7
13 1
jObject Code
1 1399Q4
Approv s:
Applle atic Management, Inc.
r
•'tract *agar
Print name
cc: Qwenn Godfrey, Contracts Office (MS93)
Contracts Disbursements Section (MS78)
TASK ASSIGNMENT NOTIFICATION FORM
DEP CONTRACT NO. PLOW
4
Upon Execution to June 30, 2008
Applied Aquatic Management, Inc.
Paul Myers (863) 533 -8882
DEP Contract Manager: Kat Ethridge (850) 245 -2819
DEP Site Manager: Ed Harris (407) 275.4004
Task Description: Aquatic plant management within the St. Johns River Water Management District South Area
Work shall be conducted pursuant to details stated on the attached work plan pages. All work shall be coordinated with DEP
Site Managers.
Deliverables: Form 454(s) completed monthly with invoices.
Invoicing. Frequency: Monthly, Invoices due by the 20 of each month. With the exception of June's invoice which will be due
within a time period set by the Contract Manager.
Cost Reimbursement Task Assignment Amount: $568,225.00.
JSpec. Cat. ICS+ I Year Amount I
1 030001 1 102334 Iwo 1 2007/20081 5568.225.00 1
1 1 1 1 s i
ate
Florida Department of Environmental Protection
Ce ct
Contract M ager
‘610
ij '4iJIL
Coat Con er
ator Date
w,
ii .1 of (or designee)
r o r of Invasive Plant Management
(r designee) Date
f State Lands
DEP Contract No. PL085, Task Assignment Notification Form, Page 1 of 1
aT
St Johns River South!AAM,
Buiow Creek
Flagler
Estimated
Cost
$800.00
Plants to be
Controlled
Hydrilla
Water hyacinth
Water lettuce
Hyacinth/Lettuce
&her Pius
B.Pepper
Chinese Tallow
Acres to be
Controlled
5
30
4
1
$4,500.00
$600.00
$150.00
Control Method(s)
Aquathol Super K
Reward /2,4 -D
Gyphosate/ Reward! 2,4-D, triclopyr
Gyphosatel Reward/ 2,4-D, triclopyr
Estimated Cost Is based on application only
Other Plant Explanation:
below. Add
locations of boat ramps, other plants, and hydrilla
Insert ma
of water bod
1 V
o2441Ta fh.ti NA: o ;yooarDRka../.40Mtet r
Page 1
glen Beach
Public Notification Procedures (check those that apply)
_Jf Sign posted at access points ,_,Notices in newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Plants to be
Controlled
Acres to be
Controlled
Estimated
Cost
Control Method(s)
Hydrilla
100
$16,000.00
Aquathol K, Aquathol Super K
Water hyacinth
Water lettuce
Hyacinth/Lettuce
Other plants
Estimated Cost is based on application only
Other Plant Explanation:
Hydrills control for Boat Trails and Access
COti'
Water Body:
County (les):
Public Notification Procedures (check those that apply)
X Signs posted at access points Notices b newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Chi
St Johns River South/AAM, Inc. WBC: 2326/
Lake Dexter
Volusial Lake
Insert ma of•water bod below. Add locations of boat ram s other !ants and h drilla
Page 2
acrt
intralt(Int C oulity7:
1902
Inter County
Johns River South/AAM, Inc.
Lake Jessup
Seminole
Insert map of water body below.
wEIC: 23081
ACOkidtg,
Intr.-MO*4r Coynty?:
Plants to be
Controlled
Hydrilla
Wet& hyacinth
Water lettuce
Hyacinth/Lettuce
0.14 PIat.
Torpedo grass
Acres to be
Controlled
50
20
Estimated
Cost
$8,000.00
Add
control Method(s)
Aquathol K, Aquathol Super K
Glyphosate, lmazapyr
$2,900.00
Estimated Cost is based on application only
Other Plant Explanation:
Control! of torpedo grass is attempting to eradicate this species from this part of the river. These are
Isolated stands.
1•1111111111••■••••••
locations of boat ramps, other plants, and hydrilla
aim
Public Notification Procedures (check those that apply)
Mips posted at access points __Notices in newspapers Public meetings
_Notices distributed to reddents Signal or marker system Other
Page 3
10110
inter County
Plants to be
Controlled
Acres to be
Controlled
Estimated
Cost
Control Method(s)
Hydrilla
400
$60,000.00
Aquathol K Aquathol Super K
Water hyadnth
Water lettuce
Hyacinth/Lettuce
citlier Plants
Exotic water illy
5
$750.00
2,4-D granular, Glyphosate or Reward
Estimated Cost Is based on application only
Other Plant Explanation:
eradication of invasive exotic water lily
0
Water Bad
COUn es
St Johns River South/AAM
Lake Monroe
Seminole Volusia
.0:040111g
41
n;rar.giim lmfuniz1.411,
W,, ,913i I r 1.....tPato 0111111
4 1:di l iF i Nti
-41111L119-1740111"1. VIIIIilViiii
II ....imr4:11 mob'glIVAL "I 1111.
irdigq11 itkillrIWRIIIRg6
AIHI-71111 112.1.0-47 1
IVIIIIPAIIIIIP Inn 1 ticttli7ir1-,,,,cp_91.},
e:ii f
.11111111111gx..i.+ 41 0 *IMII I
Public Notification Procedures (check those that apply)
_k_Signs posted at access points Noncom in newspapers Public meetings
_Notices distributed to residents Signal or marker system Other
Page 4
C:n adtr.
Water•Ra dy:.
Couittg (I s):
Plants to be
Controlled
Hydrllla
Water hyacinth
Water lettuce
Hyacinth/Lettuce
()`Iher Piarits
WIId Taro
Scirpus cubensis
Cattails
Acres to be
Controlled
50
.200
5
Estimated
Cost
$10,000.00
$40,000.00
$1,000.00
Control Methodjs)
Glyphosate 2,4 -0
Glyphosate 2,4 -0
Glyphosate 2,4 -0
Other Plant Explanation:
Wild Taro and Sclrpus cubensis are expanding along the edge of the river. Cattails are establishing around the
SR 19 Boat ramp area plus new Infestations
Insert map of water body below. Add locations of boat ramps, other plants, and hhydrllia
St Johns River Sout AAM, Inc.
Palatlakaha River
Lake County
WBC: 20868
AciFea� s:
Infra/tntt3tCQunty
Public Notification Procedures (cheek those that apply)
X_Slgos posted at access points in newspapers Pubitc meetings
Notices distributed to residents Signal or marker system Other
Page 5
750
Inter County
$65,250.00
$2,200.00
$3,000.00
450
15
20
Reward/2,4-D
Glyphosate
Glyphosate
Plants to be
Controlled
Hydrilla
Water hyacinth
Water lettuce
Hyadnth/Lettuce
Wei-Plante
Torpedo grass
.Para grass
Acres to be
Controlled
100
Estimated
Cost
$16,000.00
Control Method(s)
A uathol Super K
E Cost Is based an application °nit
Other Mart Explanation:
Controll of torpedo grass is attempting to eradicate this species from this part of the river. These are
Isolated stands. Para grass In Inhibiting navigation in parts of the lake.
Ad
Insert map of water body below. d locations of boat ramps, other plants, and hyddlia
**•-•;i4•1'
.1
Page
QiC
Public Notification Procedures (cheek those that apply)
_X Signs posted at access points _plotless in newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Estimated
Cost
Plants to be
Controlled
Hydrilla
Water hyacinth
Water lettuce
Hyacinth/Lettuce
Oitig Plint
Tussocks
Tussocks/Snaggir
Pennywort
Parrot feather
Acres to be
Controlled
50
80
20
20
$9,000.00
$0.00
$2,900.00
$2,900.00
Other Plant Explanation:
Keep the creeks open. Tussocks and vegetation impact navigation and recreation of these valued creeks.
Control Method(s)
Reward/2,4-D/Glyphosate
Mechanical/shredder
Reward/2,4-D/Gyphosate
Reward/2,4-D/Glyphosate
Ad
Insert map of water body elow. d locations of boat ramps, other plants, and hydrIlla
0644,,Rd.owoo
Public Notification Procedures (check those that apply)
X Signs posted at access points Notices in newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Page 7
Plants to be
Controlled
HydriIIa
Water hyacinth
Water tettuce
Hxadnth/Lettuce
Oiler Plain's
B. Pepper
Tallow
Taro
Paragrass
Acres to be
Controlled
15
1200
15
5
15
20
Estimated
Cost
$2,200.00
Control Method(s
Aquathol Super K
$175,000.00 'Reward /2,4-D amine
$2.260.00
$750.00
$2,250.00
$3,000.00
Glyphosate/HabitatJRenavate
Gtyphosate/HabitatVRenovate
Glyphosate/ 2,4 -D amlrie/ Imazapyr
Glyphosate/ 2,4-D amine/ Imazapyr
Estimated Cost is based on application only
Other Plant Explanation:
Isolated stands of Invasive plants accessible from the river that could be eradicated. Hyacinth/lettuce Is for the barrow
it Tosohatchee State Preserve ad scent to the river and to back u the USACOE in the river between H
Insert ma
Isolated stands of inish/a plods,
"ape s Itte 1P
Trenton elephant ear, Canotwood,
.1 's {L><f tYallin pine us accefillir
Bronson r Bent the St. Johns River
B axdconldbeeradicated.
Boas
n omoxr
•.5
dek!
oust
a Ocala Sot
t
Lie'spb to iuo Ustand
Bolls o
s
s ?Bailin IA
B
r e area
Bushntlll
praoksvllte
Ldu
Bade ail
x• o New Part tilehoy
Union Springs
l aketand 4 H ;van
Llet liter Tampa (J IA j: s
•¢p Detonm. *ifAtksmA e 2000 Obi, Iu.,1Id. mf100)
Orlando
NCO
$t Retinae
dttaaknmee Um
Page 1
Public Notification Procedures (check those that apply)
X Sipes posted at access points Notices in newspapers Public meetings
Notices distributed to residents Signal or marker system Other
46 -520.
4Qtitrsttdr.
Wr cod
St Johns River ouch/ Inc.
Tr! let Chain of Lakes
Plants to be
Controlled
H ddlla
Water hyacinth
Water lettuce
Hyacinth/Lettuce
Other Plants
Acres to be
Controlled
$4,500,00
30
30
Other Plant Explanation:
Estimated Cost is based on application only
fa
Estimated
Cost
$4,500.00
Control Methods)
Fluridone AS& PR, A uathol Su er K
Reward /2,4 -D
Insert map of w a r body below. Add locations of boat ramps, other plant$, and hydrilla
Public Notification Procedures (check those that apply)
X Sign posted at access'polnta Notices in newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Page 9
ektwa, Ltie Wekiva, Rook S Run Blkwater
5 $3,500 $5,000
5 10,875.00
drilla
Water hyacinth
Water Lettuce
Snagging
Qttler Pants
Cattails
Paragrass
Parrot feather
Wild Taro
Torpedo grass
Oth er Plant Ex
Catta[ts p aragr
rt
5
7
75
35
15
5
15
5
g
$10,875.00
$15,000.00
$5,075.00
$2,175.00
$725.00
$2,175.00
$725.00
piing
Public Notification Procedures (chuck those that apply)
X posted at access points Notices In newspapers Public meetings
Notices distributed to residents Signal or marker system Other
Glyphosate
Glyphosate
Glyphosate, 2,4 -D
Glyphosate, 2,4-D
Glyphosate
torpedo grass. Prevent wild taro from spreading
Inset map of water body below. Add locations of boat ramps, other plants, and hydriila
Page 10
Control Method s)
A. uathol K, uathol Su r K
Reward/2,4 -D
Reward /2,4 -D
Mechanical Removal, Hand Removal
Attachment A -1
Page f o[
yor deasiktment use only
antsto be
Controlled
Hydrilla
Water hyacinth
Water lettuce
Hya
r Plante
Torpedo grass
p
Acres to be
Controlled
75
350
10
Taro
t
15
ti
p
Brevard Osceola
g
Lake Win er
Estimated
Cost
$12,000.00
$51,000.00
$1,500.00
$2,200.00
DeLonry
Insert ma of water bod
DPIR5035(16) (Revised 2/99)
USA; 9000'0DW
WBC: 20227
Control Method(s)
Aquathoi Super K
Reward /2,4 -D
Olyphosate
Reward /2,4- D /Giyphosate
Public Notification Procedures (check those that apply)
X_Stgns posted at access points Notices In newspapers Public meetings
Notices distributed to residents Signal or marker system Other
1496
Inter Coun
Estimated Cost Is based on application only
attempting to eradicate these species from thls part of the river. These are
below. Add locations of boat ram other !ants and h drilla
Tl
tC �1
Acres to be
Controlled
Estimated
Cost
365 $5,000.00
Plants to be
Controlled
Hydrilla
Water hyacinth
Control Method(s)
Aquathol K Aquathol Super K
Water lettuce
Hyacinth/Lettuce
OtherPlant Ex lanation:
HydrIlla control for Boat Trails and Access
Estimated Cost is based on application Only
Insert ma of water bo below. Add °cations of boat ram s other ants and h drilla
Public Nottfication Procedures (cheek those that apply)
X Signs posted at acme plats _Notices ln newspapers Public meetings
°does distrib.uted te residents Signal or lather sygtem Other
Page 12
area
HOME OF PELICAN ISLAND
Subject: 0 -09 -13 Local Vendor
Preference
A /At, ro d or Submittal by:
Agenda No:
Oci,t31
Department Origin: City Attorney's Office
City Attorney:
City Clerk:
Date Submitted: 10/7/09
For Agenda of: 10/14/09 Sahti
`'.`ager
Exhibits: 0 -09 -13
Expenditure Required:
Amount Budgeted:
Appropriation Required:
This agenda item incorporates
September 9, 2009:
1. Expanding the Local
County, Martin County,
Brevard County.
2. Providing a uniform
3. Providing a dispute
appealable to the
Hold public hearing. At Council's
SUMMARY STATEMENT
the City Council on
County, St. Lucie
County and
decision
determination.
0- 09 -13.
the amendments made by
Area to include Indian River
Okeechobee County, Osceola
5% Local Area preference
resolution procedure: City Manager's
City Council fora final and binding
RECOMMENDED ACTION
discretion, move to enact
9�
ORDINANCE NO 0 -09 -13
AMENDED
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO PURCHASING, AMENDING SECTION 2 -11 OF THE CODE OF
ORDINANCES, ENTITLED LOCAL VENDOR PREFERENCE, WHICH
PROVIDES FOR A LOCAL VENDOR PREFERENCE POLICY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCE IN CONFLICT HEREWITH. PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Sebastian City Council finds that it is in the public's interest to
provide an incentive for maximizing the successful solicitation of goods from vendors
that are located in Indian River County, St. Lucie County, Martin County, Okeechobee
County, Osceola County, and Brevard County, Florida (hereinafter referred to as the
"Local Area and
WHEREAS, the Sebastian City Council finds that City funds spent locally, with
local businesses, provide an enhanced economic benefit to the City as a whole since
recirculation of those tax dollars in the local economy generates taxable transactions,
retains and creates local jobs, increases local profits, and increases procurement of
local goods and services; and
WHEREAS, this ordinance amends Section 2 -11 of the City Code by providing
additional criteria for a local vendor preference policy.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AMENDING SECTION 2 -11. The City Code of Sebastian, Florida
is hereby amended by deleting Section 2 -11 as follows:
three percent.
SECTION 2. CREATING NEW SECTION 2 -11. The City Code of Sebastian,
Florida hereby creates a new Section 2 -11 entitled Local Vendor Preference Policy,
which reads as follows:
1
Section 2 -11. Local Vendor Preference Policy.
(a) Definitions.
(1) Local business means the vendor has:
a. A valid business tax receipt issued by the City of Sebastian,
Indian River County, St. Lucie County, Martin County,
Okeechobee County, Osceola County, or Brevard County at the
time a bid or proposal is submitted, and
b. A physical address located within the Local Area, in an area
zoned for the conduct of such business, from which the vendor is
operating a significant portion of its business, and at which it
maintains full -time employees.
(2) Non -local business means any vendor that does not meet the definition of
a business within the Local Area.
(b) Establishment as Local Area business. To establish that a vendor is a Local
Area business a vendor shall provide written documentation of compliance with
the definitions for each such local business as defined in subsection (1) herein, at
the time of submitting a bid or proposal. Post office boxes are not verifiable and
shall not be used for the purpose of establishing the required physical business
address. A vendor that misrepresents the Local Area status of its firm in a
proposal or bid submittal to the City will lose the privilege to claim local
preference status for a period two (2) years.
(c) Local preference in purchasing and contracting. The City of Sebastian shall give
preference to Local Area businesses in the purchase of commodities, personal
property, general services, personal property, general services, professional
services, and the purchase of or contract for construction or renovation of public
works or other public improvements by means of competitive bid. The City shall
give such preference to Local Area businesses in the following manner:
(1) Competitive bid. Each formal competitive bid solicitation shall clearly
identify how the price order of the bids received will be evaluated and
determined.
When a qualified and responsive non -local business submits the lowest
price bid, and the lowest bid submitted by a qualified and responsive Local
Area business is within five percent (5 of the lowest bid, then the lowest
bidding Local Area business shall have the opportunity to submit an offer
to match the price submitted by the lowest non -Local Area business
bidder.
2
Within five (5) working days after the posting of the qualified and
responsive bids, any Local Area business that has submitted a bid within
five percent (5 of the lowest bid by a non -Local Area business, and that
wants the opportunity to match the lowest bid, shall submit a written offer
to match the lowest bid. If the lowest Local Area business bidder submits
an offer that matches the lowest bid submitted, then the award shall be
made to such Local Area business.
If the lowest Local Area business bidder declines or is unable to match the
lowest bids, then the option to do so moves to the next Local Area
business if its bid is within five percent (5 of the lowest bids, and it is a
qualified and responsive bidder.
If the lowest bid is submitted by a qualified and responsive Local Area
business, there is no local vendor preference.
If a Local Area business accepts the opportunity to match the lowest bid of
a non -Local Area business and that bid is based on unit -price bid items
and estimated quantities, then the unit prices for all bid items shall be
reduced in proportion to the reduction in the Local Area business's total
bid amount required to match the lowest total bid.
(2) Ties. In the event of any tie in the final bid price between a Local Area
business, and a non -Local Area business, a contract award, or the first
opportunity to negotiate, as applicable, shall be made to the Local Area
business. In the event of any tie between a business located within the
City of Sebastian and a business within the greater Local Area, the
business located within the City of Sebastian shall be awarded the
contract or receive the first opportunity to negotiate, as applicable. In the
event of any two businesses located within the City of Sebastian, or two
businesses located within the greater Local Area, the local vendor with the
greatest number of full -time employees working in the City of Sebastian or
the greater Local Area respectively, shall be awarded the contract or
receive the first opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy set forth
herein shall not apply to any of the following purchases or contracts:
(1) Goods or services provided under a cooperative purchasing agreement or
piggyback agreement; or
(2) Purchases or contract which are funded, in whole or pa°t, by a
governmental entity and the laws, regulations, or policies governing such
funding prohibit application of that preference; or
3
(3) Purchases made or contracts let under emergency or noncompetitive
situations, or for litigation related legal services, as described in the City's
purchasing policies; or
(4) Purchases or contracts with an estimated cost of $5,000 or less; or
(5) Purchases or contracts where the difference between the amount of the
low bid submitted by a qualified and responsive non -Local Area business
and the lowest bid submitted by a qualified and responsive Local Area
business is greater than $25,000; or
(6) Where all bids are rejected.
(e) Waiver of the application for local vendor preference policy. Any request for the
waiver of local preference to any particular purchase or contract must be heard
by the City Council prior to advertising the bid. The City Council, as the awarding
authority, may approve the waiver of local preference upon review and at its
discretion.
(f) Comparison and review of qualifications. The preferences established herein no
way prohibit the right of the City of Sebastian to compare and review the quality
of materials proposed for purchase, and to compare and review the
qualifications, character, responsibility and fitness of all persons, firms or
corporations submitting bids or proposals. Furthermore, the local preference
established herein shall not prohibit the City from giving any other preference
permitted by law in addition to the local preference contained herein.
(g) Administration of local preference policy. This policy shall apply to all
departments, functions and funds under the governance of the City of Sebastian,
unless subsection (d) applies.
(h) Dispute Resolution. Any dispute arising under the provision of this section shall
first be presented to the City Manager for determination. The decision of the City
Manager shall be appealable to the City Council, and the decision of the City
Council shall be final and binding on all parties.
SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
adoption.
4
The foregoing Ordinance was moved for adoption by Council Member
The motion was seconded by Council Member and upon being put to a
vote, the vote was as follows:
Mayor Richard Gillmor
Vice Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this 14 day of
October, 2009.
ATTEST: CITY OF SEBASTIAN, FLORIDA
By:
Sally A. Maio, MMC Richard Gillmor, Mayor
City Clerk
5
Approved as to form and legality for reliance by
the City of Sebastian:
Robert A. Ginsburg, City Attorney
Subject: Airport Runway 4/22
Rehabilitation Improvements.
Ap rov fo Submittal by:
Agenda No. 0 g 132
Department Origi Municipal Airport
J. Griffin
Finance Dire or:
City Clerk: Sally
City Attorney:
Date Submitted:
For Agenda of:
K n Kil re
Maio
Robert Ginsbur_,/�
October 7, 2009
October 14, 2009
Al 17 1 n r, City Manager
Exhibits: A. FDOT Supplemental
C. West Construction Contract;
JPA; B. Bid Tabulation/award
D. LPA Design/Construction
AMOUNT BUDGETED:
$403,954
recommendation;
Services Contract.
APPROPRIATION
REQUIRED: $6,152
EXPENDITURE
REQUIRED: $6,152
HOME OF PELICAN ISLAND
ITTAL
SUMMARY
On April 1, 2009, Council approved the execution of a FDOT Joint Participating Agreement
for the design of Runway 4/22 improvements. The City /Airport match was /is $3,947, the
total of which (AP &FDOT) represented 5% of the design project amount. The project was
bid and closed on September 7, 2009. The bid amounts were far below original estimates.
Low bidder was West Construction of Lake Worth, FL. Because of the anticipated low bid
amounts, airport staff, the FAA, and the FDOT decided to combine the project to a design
and construction. After Council approval on August 26, 2009, a FAA Airport Improvement
Project (AIP) grant agreement for $383,756 was signed on September 14, 2009 that would
represent 95% of the total project amount. FDOT and the City's match are still required at
2.5% each. Therefore, 2.5% of the total project amount ($403,954) is $10,099. The City has
committed to the April 1 JPA of $3,947, therefore and additional $6,152 is needed to match
the FDOT contribution of $6,152 as represented in the Supplemental JPA (Exhibit A).
Airport match funding will be drawn from Airport Contingency.
The award recommendation and bid tabulation for the project is attached as Exhibit B. The
contract engaging West Construction for the project is attached as Exhibit C. Exhibit D is a
Design and Construction Services Agreement with LPA Group. The LPA agreement is for
$87,289 and represents design/engineering, construction services, agency (FAA FDOT)
deliverables, and project closeout. Since we are modifying an airport runway, it is
imperative that the controlling agencies have proper documentation relating to survey,
construction, and compliance.
RECOMMENDED ACTION
1. Move to approve Resolution R -09 -40 authorizing a Supplemental Joint Participation
Agreement between the FDOT and the City of Sebastian for Airport Runway 4/22
Improvements.
2. Move to fund, from Airport Contingency, the increase in the `match' participation for
the project by $6,152.
3. Move to award West Construction the construction services contract (Exhibit C) for
the Runway 4/22 Improvements Project at the Sebastian Municipal Airport, not to
exceed $306,956.
4. Move to award the LPA Group the Work Authorization (Exhibit D) for professional
services for the Runway 4/22 Improvement Project at the Sebastian Municipal
Airport, not to exceed $87,289.
RESOLUTION NO. R -09-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO
PROVIDE FUNDING FOR RUNWAY 4/22 DESIGN AND CONSTRUCTION, RUNWAY
REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES.
WHEREAS, the Florida Department of Transportation has agreed to provide funding
for Runway 4/22 Design and Construction, Runway Rehab, Lighting Marking 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 SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT for Project No. 42617219401 on behalf of the City, and is attached hereto.
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 and, upon being put into
a vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice Mayor Jim Hill
Council Member Andrea B. Coy
Council Member Dale I. Simchick
Council Member Eugene Wolff
day of October, 2009.
ATTEST:
Sally A. Maio, MMC
City Clerk
2
The Mayor thereupon declared this Resolution duly passed and adopted this 14th
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 1
Financial Project No.:
42617219401
(item-segment-phase-sequence)
Contract No.: APG81
Catalog of Federal Domestic Assistan
Fund: DS
Function: 637
Federal No.:
DUNS No.:
ce Number
Catalog of State Fin
FLAIR Category: 088719
Object Code: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
ancial Assistance Number:
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Sebastian
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 15th day of April ,2009
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $10,099.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
to include Construction.
725-030-07
PUBLIC TRANSPORTATION
04/07
Page 1 of 4
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by
bringing the revised total cost of the project to 403,954.00
Paragraph 4.00 of said Agreement is increased by $6,152.00
bringing the Department's revised total cost of the project to 10,099.00
3.00 Amended Exhibits:
Exhibit(s) B,D of said Agreement is amended by Attachment "A
4.00 Contract Time:
Paragraph 18.00 of said Agreement N/A
$246,074.00
725 -030-07
PUBLIC TRANSPORTATION
04/07
Page 2 0f 4
Except as hereby modified, amended or changed, all other terms of said Agreement dated April 15th 2009
and any subsequent supplements
above written.
AGENCY
IN WITNESS WHEREOF,
City of Sebastian
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
shall remain in full force and effect.
the parties hereto have caused these presents to be executed, the day and year first
FDOT
Financial Project No. 42617219401
Contract No. APG81
Agreement Date
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
725-030-07
PUBLIC TRANSPORTATION
04/07
Page 3 of 4
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and City of Sebastian
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
State funding is increased to match the additional FAA funds awarded for the construction phase of the project.
1. Project Cost: As Approved As Amended Net
$157,880.00 $403,954.00 $246,074.00
Total Project Cost $157,880.00 $403,954.00 $246,074.00
Comments:
Financial Project No. 42617219401
Contract No. APG81
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
725-030 -07
PUBLIC TRANSPORTATION
04/07
Page 4 of 4
Fund As Approved As Amended Net
Department: $3,947.00 $10,099.00 $6,152.00
Agency: $3,947.00 $10,099.00 $6,152.00
FAA $149,986.00 $383,756.00 $233,770.00
Total Project Cost $157,880.00 $403,954.00 $246,074.00
III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING
725-030-07
PUBLIC TRANSPORTATION
04/07
Additional Page
If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds.
LPA THE LPA GROUP INCORPORATED
Transportation Consultants
615 CRESCENT EXECUTIVE COURT, SUITE 200 LAKE MARY, FL 32746 -2146 407 306 -0200 FAX 407 306-0460
September 7, 2009
Mr. Joe Griffin
Airport Manager
City of Sebastian
202 Airport Drive East
Sebastian, Florida 32958
Subject: Sebastian Municipal Airport Runway 4 -22 Improvements
Bid Tabulation, Review and Recommendation
Dear Mr. Griffin:
As requested, THE LPA GROUP INCORPORATED has reviewed the unit prices for the Eight (8)
bid packages submitted September 7, 2009 for the referenced project. The bid prices and totals are
listed in the attached bid tab. The bid prices are determined to be appropriate for the work.
Enclosed, please fmd one (1) signed and sealed originals of the Bid Tabulation. The bids were
evaluated by our office for responsiveness to the advertisement. The bid schedule forms submitted
by each were evaluated in the attached bid tabulation.
West Construction, Inc. provided the lowest base bid at $291,812.00 for the base bid and $15,144.00
for additive bid 1 for a total bid of $306,956.00. Listed below are additional details:
West Construction, Inc. operates out of Lake Worth, Florida and has been in business for 32
years. They have a $25 M single project bonding capacity.
H.L. Pruitt Corporation is the subcontractor for the electrical services
A signed bid, acknowledged addenda, and fully completed forms all accompanied the bid at
the time of submittal. It is therefore the opinion of the Engineer that this bid is responsive.
The price for additive bid 1 is reasonable, therefore if funding is available, and if the scope
meets the intent of the grant, LPA recommends awarding additive bid.
Based on the aforementioned evaluation, THE LPA GROUP INCORPORATED recommends a
construction contract be awarded to the low bidder, West Construction, Inc.
Based on the availability of funds, information provided by the Federal Aviation Administration
(FAA) and the City of Sebastian, we recommend the award of the Base Bid contract to West
Construction, Inc. for $291,812.00, contingent upon City of Sebastian Contracts, Legal and Minority
Affairs review.
ATLANTA BATON ROUGE CHARLOTTE COLUMBIA GREENSBORO JACKSONVILLE KENNESAW KNOXVILLE LITTLE ROCK
McLEAN MOBILE NASHVILLE OCEAN SPRINGS ORLANDO RALEIGH SARASOTA TALLAHASSEE TAMPA WEST PALM BEACH
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of 2009, by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian,
Florida, 32958, "City and West Construction, Inc. "Contractor. 318 S. Dixie, Suite 4 -5,
Lake Worth, FL 33460, as authorized to do business in the State of Florida. This document
contains 37 pages.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and
unique competence and experience in providing construction services necessary to complete the
Project hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform professional services for the City in accordance with this Agreement. Contractor, as an
independent contractor, and not as an employee shall furnish and complete all of the necessary
labor, material, and equipment to perform the work as specified or indicated in the agreement
documents. The work is generally described in the Bid Documents Project Manual (August
2009), Engineers' Report (August 2009) and Addendum 1 (September 2009) for the Runway 4-
22 Improvements Project at the Sebastian Municipal Airport.
This Agreement is not an exclusive agreement and the City may employ other contractors,
professional or technical personnel to furnish services for the City as the City in its sole
discretion finds is in the public interest.
1
The Agreement shall not be construed to create a contractual relationship of any kind between
the City and the Subcontractor(s), or, between any person or firm other than the City and
Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to
become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this
Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders.,
Bid Proposal, Bond Forms, Specifications and Scope of Work, Work Orders, Change Orders.,
Addenda if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish minimum standards of quality for this
Project. They do not purport to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, equipment, and transportation necessary for the
proper execution of the Work, to require new material and equipment unless otherwise indicated,
and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable from them as being
necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties, statements,
promises, and understandings not specifically set forth in the Agreement Documents. Neither
party has in any way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set forth in
the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against which enforcement of the change,
waiver, discharge or termination is sought.
2
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties
have obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any
action pursuant to the Agreement Documents shall be in Indian River County, Florida. The
parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve
any dispute arising hereunder.
2.6 CONTRACT TIME:
(1) The CONTRACTOR shall be substantially completed with the following timeframe
(a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. Obtain all necessary permits.
2. Receive approved shop drawings for all materials and equipment to be
utilized in the job.
3. Perform all photographic recording and documentation of conditions prior
to construction.
4. Locate all existing utilities in the area of work.
5. Submit and secure approval of shop drawings.
6. Mobilize all labor, equipment, and materials.
7. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
From 31 calendar days to 90 calendar days from the effective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
1. Install all roadway, paving, grading, utility, drainage, landscape,
and other improvements.
2. Perform all testing.
3. Restore all disturbed areas to their pre construction condition.
4. Correct all deficiencies noted by Engineer.
Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes
Substantial Completion.
(c) From 91 calendar days to 130 calendar days from the effective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
1. Clean up project area.
2. Remove all equipment and material from project site.
3. Perform contract closeout procedures.
Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final
Completion.
(2) Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the work is not completed
(b)
3
within the times specified in Paragraph (1) above, plus any extensions thereof Approved by
the engineer and city in accordance with paragraphs 7.9 and 7.10 of this agreement. They
also recognize the delays, expense and difficulties involved in proving in a legal proceeding
the actual loss suffered by OWNER if the work is not completed on time. Accordingly,
instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two- hundred
dollars ($200.00) for each day that expires after the time specified in Paragraph 2.6 for Final
Completion. If CONTRACTOR shall neglect, refuse or fail to complete the remaining work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER two- hundred dollars ($200.00) for each day that
expires after the time specified in Paragraph 2.6 for Final Completion and readiness for
final payment.
2.7 CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the work in accordance with the
Contract Documents in current funds in the amount of $306,956, based on the Unit Price
Work bid in the Bid Form. This amount includes Additives 1, 2, 3, and 4.
2.8 UNIT PRICE WORK
(A) Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each separately identified
item of Unit Price Work times the estimated quantity of each item as indicated in
the Agreement.
(B) The estimated quantities of items of Unit Price Work are not guaranteed and are
solely for the purpose of comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifications of Unit Price Work
performed by Contractor will be made by Engineer. Subject to the following
provisions:
Engineer will determine the actual quantities and classifications of Unit
Price Work performed by Contractor. Engineer will review with Contractor
the Engineer's preliminary determinations on such matters before rendering
a written decision thereon (by recommendation of an Application for
Payment or otherwise). Engineer's written decision thereon will be final and
binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor
(C) Each unit price will be deemed to include an amount considered by Contractor to be
adequate to cover Contractor's overhead and profit for each separately identified
item.
(D) Owner or contractor may make a Claim for an adjustment in the Contract Price in
accordance with paragraph 7.9, if:
1. the quantity of any item of Unit Price Work performed by Contractor differs
materially and significantly from the estimated quantity of such item indicated in
the Agreement and;
2. there is no corresponding adjustment with respect any other item of Work; and
4
3. Contractor believes that Contractor is entitled to an increase in Contract Price as
a result of having incurred additional expense or Owner believes that Owner is
entitled to decrease in Contract Price and the parties are unable to agree as to the
amount of any such increase or decrease.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning
shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to
prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to be
performed. The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters A.S.T.M." are used in the Specifications, it shall be understood as referring
to the American Society for Testing Materials. When reference is made to a certain Designated
Number of a specification or test as set out or given by the American Society for Testing
Materials, it shall be understood to mean the current, up -to -date standard specification or
tentative specification for that particular process, material or test as currently published by that
group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the total amount
of the Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in
favor of the City of Sebastian on a National Bank, or a bond from a surety company daly licensed
in the State of Florida.
5
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City and covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, or adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. The
Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its
heirs, executors, administrators, successors and assigns, or the lawful agent of any such
individual, firm, partnership, covenant or corporation, or his, their or its surety under any
contract bond, constituting one of the principals to the Contract and undertaking to perform the
work herein.
3.12 DIRECTED, ORDERED, APPROVED ETC.
Wherever in the Agreement Document the words "directed "ordered "approved "permitted
"acceptable or words of similar import are used, it shall be understood that the direction, order,
approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the
City as Engineer. The City may designate a staff member as Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor. The Engineer and its designated
employee(s) shall serve in the capacity as the inspector.
6
3.16 LABORATORY
Any licensed and qualified laboratory designated by or acceptable to the Owner to perform
necessary testing of materials.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract
Amount.
3.19 PLANS
The official, approved plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the Contractor
shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form (the "Bid proposal
form properly signed and guaranteed. The proposal or bid shall be considered as part of the
contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be
made, setting forth or relating to the method and manner of performing the Work, or to the
quantities and qualities of materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract with the contractor for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications
for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement herein with the written consent of the
Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
7
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the
acceptable performance of the contracted work and for the payment of all debts pertaining
thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary
to construct the same.
3.27 WORK ORDER
Work orders are work instructions including specification and plans that show the location,
character, dimensions and details to the work to be done. Work orders are specific instructions,
of limited scope, that will be a part of this contract. Work orders shall be considered as part of
the contract documents.
ARTICLE II Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the
Contractor furnishes all labor and materials, equipment, supervision and transportation necessary
for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do
all the work shown on the Plans and described in the Specifications and other Contract
Documents and all incidental work considered necessary to substantially complete the Work
ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all
except a subsequently executed Contract Addendum; in the event of an inconsistency,
discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and
govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any errors
or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and
City. The Engineer shall promptly determine the validity and seriousnes of the claimed condition
and correct any such error or omission in writing, or otherwise direct Contractor. Any work done
by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at
the Contractor's risk.
8
Any correction or errors or omissions in Plans and Specifications may be made by the Engineer
when such correction is necessary for the proper fulfillment of their intention as construed by
him. Where said correction of errors or omissions, except as provided in the next two (2)
paragraphs below, adds to the amount of work to be done by the Contractor, compensation for
said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below,
except where the additional work may be classed under some item of work for which a unit price
is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually
and customarily required to complete fully such work as is specified herein, will not entitle the
Contractor to consideration in the matter of any claim for extra compensation, but the said work
must be installed or done the same as if called for by both the Plans and Specifications.
All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all
work and material usual and necessary to make the Work complete in all its parts, whether or not
they are indicated on the Plans or mentioned in the Specifications, shall be furnished and
executed the same as if they were called for by both the Plans and Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and
Specifications. The Engineer will provide full information when errors or omissions are
discovered.
4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop
Drawings and samples shall be maintained at the job site, in good order and annotated to show all
changes made during the construction process, and shall be available to the Engineer and City at
all times. A final copy thereof, along with "as- built" record drawings, operations and
maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of
the Work.
4.5 DIMENSIONS
Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by
finished dimensions, these shall be verified by the Contractor at site, and he shall assume the
responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods
and testing equipment, required under the Specifications shall be in accordance with the latest
standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except
where indicated otherwise. The Contractor shall furnish any required samples without charge.
The Contractor shall be given sufficient notification of the placing of orders for materials to
permit testing.
9
It is expected that all inspections and testing of materials and equipment will be done locally. If
the Contractor desires that inspections for tests be made outside of the local area, all additional
expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS
The Contractor shall provide shop drawings, setting schedules and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the Plans
and Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall
be called to the attention of the Engineer at the time of the first submission of shop drawings and
other drawings. The Engineer's approval of any shop drawings shall not release the Contractor
from responsibility for errors, corrections of details, or conformance with the Contract. Shop
drawings shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the Engineer at least thirty (30) days before
the materials indicated thereon are to be needed or earlier if required to prevent delay of work or
to comply with subparagraph (b).
(b) The Engineer shall, within fourteen (14) days of the submittal of any shop
drawings, return three (3) copies to the Contractor marked with any corrections and changes
required and noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the Engineer and resubmit six (6) copies to the Engineer.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
by the Engineer.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by
name and catalog number. This procedure is not to be construed as eliminating from competition
other products of equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the Engineer a complete list of his proposed desired substitutions
prior to the signing of the Contract, together with such engineering and catalog data as the
Engineer may require. Further substitutions may be submitted during the course of work in
accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL
below.
The Contractor shall abide by the Engineer's judgment when proposed substitution of materials
or items or equipment are judged to be unacceptable and shall furnish the specified material or
item of equipment in such case. All proposals for substitutions shall be submitted to the Engineer
in writing by the Contractor and not by individual trades or material suppliers. The Engineer will
advise of approval or disapproval of proposed substitutions in writing within a reasonable time.
No substitute materials shall be used unless approved by Engineer in writing
10
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item
of equipment and all components to be used in the Work, including specific performance data,
material description, rating, capacity, material gauge or thickness, brand name, catalog number
and general type.
This submission shall be compiled by the Contractor and submitted to the Engineer for review
and written approval by the Engineer and City before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification section
and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the Engineer and City.
Catalog data for equipment approved by the Engineer and City does not in any case supersede the
Contract Documents. The acceptance by the Engineer and City shall not relieve the Contractor
from responsibility for deviations from Plans or Specifications, unless he has called the
Engineer's attention, in writing, to such deviations at the time of submission, nor shall it relieve
him from responsibility for errors of any sort in the items submitted. The Contractor shall check
the work described by the catalog data with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements, including
those for connections, and shall order such sizes and shapes of equipment that the field
installation shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved,
it shall be the responsibility of the Contractor to install the equipment to operate properly, and in
harmony with the intent of the Plans and Specifications, and to make all changes in the Work
required by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for
that specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the
Engineer to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the City,
as proposed by the Contractor, are submitted with the request for substitution. If the substitution
is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and
its delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of the
entire work to be completed under the contract.
11
No request will be considered unless submitted in writing to the Engineer and approval by the
Engineer and City must also be in writing. To receive consideration, requests for substitutions
must be accompanied by documentary proof of the actual difference in cost to the Contractor in
the form of quotations to the contractor covering the original equipment and/or material, and also
equipment and/or material proposed for substitution or other proof satisfactory to the Engineer. It
is the intention that the City shall receive the full benefit of the saving in cost involved in any
substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one -third of the savings shall accrue to the benefit
of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract
shall rest on the Contractor and the proof will be submitted to the Engineer. Request for
substitution of equipment and/or material which the Contractor cannot prove to the satisfaction
of the Engineer, at its sole discretion and judgment, to be equal or superior in construction and/or
efficiency to that named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the Engineer.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and additional features of the item are specifically required by the specifications, the
additional features specified shall be provided whether or not they are normally included in the
standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and the specified item becomes obsolete and is no longer available, the Contractor shall
provide a substitute item of equal quality and performance which is acceptable to the Engineer
and City and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered necessary, they shall be placed on wooden platforms or other
hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored
materials and equipment shall be located so as to facilitate prompt inspection. Private property
zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage
purposes.
12
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal to samples approved by the Engineer and City, or are in any way
unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any
defective work whether the result of poor workmanship, use of defective materials, damaged
through carelessness or from other cause shall be removed within ten (10) days after written
notice is given by the City, and the work shall be re- executed by the Contractor. The fact that the
Engineer or the City may have previously overlooked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the
materials and equipment. Satisfaction of warranty work after final payment shall be in
accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKMEN
All workmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman or workman employed by the Contractor or subcontractors who,
in the opinion of the Engineer or the City does not perform his work in a skillful manner, or
appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written
request of the City, be discharged immediately and shall not be employed again in any portion of
the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to
properly receive the work of the various trades or as required by the Plans and Specifications to
complete the Work. He shall restore all such cut or patched work as directed by the Engineer or
the City. Cutting of existing structures that could endanger the Work, adjacent property,
workmen or the public shall not be done unless approved by the Engineer and under his
surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by his employees or work. At the completion of the Work, he shall remove all his
rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly
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3)
objects are removed and disposed of in a satisfactory manner. At no additional expense to the
City, the Contractor will restore to their original conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will
be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty -four (24) hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain
the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all equipment furnished and work performed by him for a period of
one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15.
All equipment and material warranties or guarantees shall be drawn in favor of the City and the
originals thereof furnished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims
of breach of contract due to substandard materials or workmanship, nor shall such warranty
period shorten the statute of limitations for bringing a breach of contract or other action based
upon any such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking of the
Contractor's field notes or layout work by the Engineer and City and the acceptance of all or any
part thereof, shall not relieve the Contractor of his responsibility to achieve the lines, grades and
dimensions shown in the Plans and Specifications.
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Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the
surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point if any is provided. The Contractor shall be responsible for
all survey control of his work during construction. The Contractor shall preserve all reference
points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing
and maintaining the lines and grades necessary for control and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the Work in
conformance with the Plans and Specifications. The Work shall include performing all
calculations required and setting all stakes needed such as grade stakes, offset stakes, reference
point stakes, slope stakes, and other reference marks or points necessary to provide lines and
grades for all construction.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the
Project.
6.5 RECORD DRAWINGS:
At contract close -out, record drawings shall be delivered to Engineer for review and approval.
Drawings shall be prepared by a licensed surveyor and provided in an electronic format
(AUTOCAD), and on mylar, and three (3) sets of signed and sealed hard copies. The drawings
shall depict depths of various elements of construction in relation to N.G.V.D. (1929); Horizontal
and vertical locations of all underground drainage, utilities, irrigation, etc., referenced to
permanent surface improvements; horizontal and vertical locations of all surface and above
ground improvements including but not limited to pavement, curbs, sidewalks, inlets, manholes,
buildings, mechanical/electric facilities, retention ponds, swales, ditches, fences, trees /shrubs;
and record drawings must also comply with other local agency requirements, including
I.R.C.D.U.S. as -built data required for water and sewer construction (state plane coordinates on
all water and sewer utility infrastructure).
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract unit
prices for the various items of work to which it is incidental, unless a separate bid item is
included in the Bid Proposal Form.
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6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish alignment
throughout construction. All surveying activities will be coordinated with the City's surveyor as
needed for proper completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during
construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the
City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television, water mains, sewer mains,
and electrical cables must be located by the Contractor prior to starting work. The Contractor
shall contact the Utilities at least 48 hours prior to commencing any work within the project area.
There may be other utilities within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included
in the contract unit prices for the various items of work to which it is incidental. The Contractor
shall be responsible for the repair and/or replacement of utilities, which he damages during the
course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing
work. The Contractor shall notice the Engineer of the conflict and seek direction from the
Engineer prior to proceeding with work. Directions from the Engineer may be to proceed despite
conflict, place work order on hold and commence work at a different location, or relocate utilities
under separate contract with the utility or a change order to be directed by the Engineer and
approved by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these
matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
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Contractor shall enforce strict discipline and good order among Contractor's employees and other
persons carrying out the Work. Contractor shall not permit employment of unfit persons or
persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the
Work under a contract with Contractor.
Contractor shall indemnify, defend and hold the Engineer and City harmless from all claims
arising out of or related to its performance of the Work except for acts arising solely from the
active negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently
issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall
the Contractor commence work until the City has been furnished and acknowledges receipt of the
Contractor's Certificates of Insurance and a properly executed performance and payment bond as
required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the
Contract Agreement and any Addenda or Change Orders thereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the Engineer and City, which shall not
be unreasonably withheld, and shall reflect a logical sequence of the various components of work
and the anticipated rates of production necessary to complete the Work on or before the
completion date. Said schedules shall be submitted within ten (10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted to
the Engineer and City on the twenty -fifth (25th) day of every month with the Contractor's pay
request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate his work with other contractors, the City and utilities to assure
orderly and expeditious progress of work.
The City shall hold a pre construction conference at Sebastian City Hall at a time and date
mutually agreed upon with the Contractor after the Contract has been awarded and fully
executed.
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7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments,
etc., along and adjacent to the street and/or right -of -way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or
damage all monuments and property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them until so directed by the Engineer in writing..
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The City will not
remove, relocate, or re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relocated by the start of
construction, the Contractor shall remove the objects, in a manner which does not damage or
injure the objects at no extra cost to the City, which interfere with the construction of the Project
and place them on the property owner's front lawn just outside the project limits.
Otherwise, the Contractor shall not enter upon private property for any purpose without
obtaining permission from the property Owner thereof. Where extensive intrusions upon private
property are required for construction, the City and Contractor shall cooperate to obtain
Temporary Construction Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected
by the Work but are not required to be disturbed or relocated by the very nature of the project,
shall be protected and maintained by the Contractor and shall not be disturbed or damaged by
him during the progress of the Work; provided that, should the Contractor disturb, disconnect or
damage any utility or any structure, all expenses of whatever nature arising from such
disturbance or the replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or other public agency or private entity, the City through the
Engineer shall secure written permission prior to the commencement of construction of such
crossing. The Contractor will be required to furnish evidence of compliance with conditions of
the permit from the proper authority before final acceptance of the Work by City. Road closures
are governed by Paragraph 8.3 below.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials
shall require the recommendation of the Engineer and the written approval of the City.
Compensation and time of completion affected by the change shall be adjusted at the time of
ordering such change. New and unforeseen items of work found to be necessary and which
cannot be covered by any item or combination of items for which there is a contract price shall be
classed as changes in the Work. The Contractor shall do such changes in the Work and furnish
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such materials, labor and equipment as may be required for the proper completion of construction
of the work contemplated. In the absence of such written order, no claim for changes in the Work
shall be considered. Changes in the Work shall be performed in accordance with the
Specifications where applicable and work not covered by the specifications or special provisions
shall be done in accordance with specifications issued for this purpose. Changes in the Work
required in an emergency to protect life and property shall be performed by the Contractor as
required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Work as determined by the City
provided, however, the Contractor shall immediately give written notice to the City of the cause
of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's
Project Manager or Engineer when said Project Manager or Engineer determines that weather
conditions make it counterproductive to work on said days. "Rain day" requests must be
submitted at the end of each work week or be waived, and the cumulative "rain day" extensions
granted shall be processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements
of the Contract Documents, whether observed before or after completion of the Work and
whether or not fabricated, installed or completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents within a period of one (1) year
from the date of completion of the Work or by the terms of an applicable special warranty
required by the Contract Documents. The provisions of this Paragraph apply to the Work done
by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
time within which the obligations of the Contract Documents may be enforced, nor to the time
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contractural obligations.
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7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents,
then the City may elect to receive, and Contractor agrees to pay, liquidated damages as provided
in paragraph 2.6. Inspection of the Work by the City and the subsequent issuance of a notice by
the City and Engineer indicating substantial completion will be the date used to signify work
completion. If completion is beyond the schedule agreed upon, liquidated damages may be
imposed by the City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers -by. The plan shall describe measures and precautions to be taken
during working hours and non working hours.
A. Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and other property on the project site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
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Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of
all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be
obstructed except as approved by the City.
The Contractor acknowledges that, in executing the Project, it will operate machinery and
equipment that may be dangerous to the adjacent property owners and the general public. The
Contractor will be required to conduct excavations for the Project which may be hazardous to
person and property. The Contractor shall develop and implement a job safety and security plan
which will adequately protect all property and the general public.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and
workmen from hazards within the right -of -way shall be in strict accordance with SECTION 102.,
MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std The State
of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest
edition. shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the
residents in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks, including
the cross street intersected will not be permitted without specific authorization of the City. No
road or street shall be closed to the public except with the permission of the City and proper
governmental authorities (I.R.C., F.D.O.T., as applicable). When closing of roads are permitted,
it shall require forty-eight (48) hours notification to the City, I.R.C. or F.D.O.T. (applicable
agency with jurisdiction). Traffic detours shall be pre- approved prior to closing. "Street Closed
to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor
when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress
to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at
street intersections and driveways, and supply such aid as may be required for pedestrians and
motorists, including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials,
barricades and temporary Work leaving walkways and roads in said area clear of obstructions.
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8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required,
and all such other necessary precautions for the protection of the Work and the safety of the
public. All barricades and obstructions shall be protected at night by regulatory signal lights
which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial
construction and shall be reflective to increase their visibility at night. Suitable warning signs
shall be so placed and illuminated at night as to show in advance where construction, barricades
or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will
be made, but the cost of providing, erecting and maintaining such protection devices, including
guards, watchmen and/or flagmen as required shall be considered as included and paid for in the
various contract prices of the Work.
Warning signs and barricades shall be in conformance with the State of Florida, Manual of
Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and
Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches,
flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
local authorities shall be complied with. Advance warning signs are required on all streets where
work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control plan by the City, or other applicable government agencies.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during construction. The Contractor shall be place construction hazard fencing
along any open trenches during the construction work -day, and shall leave no open trenches or
excavations over -night unless properly fenced and with the specific approval of the Engineer or
the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends. At the close of work each day, the equipment shall be driven to and
stored in a designated area so that the equipment will not become an "attractive nuisance" to
neighborhood children. All equipment left unattended during the course of working day, such as
during lunch hours or work breaks, shall not be left in a condition or location which would create
a safety hazard to the general public. All keys shall be removed from the machines during those
times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
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8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of
his employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall
be properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all
times and shall enforce their use. Contractor shall rigorously prohibit the committing of
nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall
have the right to inspect such facilities at all times to determine whether or not they are being
properly and adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed thereto
shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up to
the time of final acceptance. The Contractor shall provide and pay for any temporary piping and
connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for his review prior
to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds
caused by moving construction equipment, high winds or any other cause, and shall submit a
plan to the Engineer for his review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to
the Engineer for his review prior to initiation and implementation of the plan. Prior approval
shall be obtained from the proper authorities for the use of public or private lands or facilities for
such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
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materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen,
calcium chloride or other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize
pollution or situation of streams, lakes and reservoirs and to avoid interference with movement of
migratory fish where there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control (S.W.P.P.P.), including location of erosion control and turbidity control devices, marked
on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements
of the Florida Department of Environmental Protection and the St. John's River Water
Management District for control of discharge of Total Suspended Matter, and shall prevent water
and wind erosion of the work.
The contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of E.P.A., FDEP, or SJRWMD permits, permit
conditions or regulations committed by the contractor or any subcontractors on this site.
Article III SUPERVISION AND ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all
technical questions which may arise as to the quality and acceptability of materials furnished,
work performed, or work to be performed, interpretation of Plans and Specifications and all
technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor
shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather
or such other conditions as are considered unfavorable for prosecution of the Work, failure on the
part of the Contractor to carry out the provisions of the Contract or to supply materials meeting
the requirements of the Specifications, or the action of a governmental agency, by serving written
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
condition which may be cause for suspension of the Work, the Engineer shall immediately advise
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the City of such condition. The Contractor shall not suspend operations under the provisions of
this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City and other government agencies with jurisdiction, including
but not limited to F.D.O.T., F.D.E.P., I.R.C., and S.J.R.W.M.D.. The Engineer and the City may
appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in
regard to quality of materials, workmanship, and the diligent execution of the Contract. Such
construction review may include mill, plant, or shop inspection, and any material furnished under
the Specifications is subject to such inspection. The Engineer and the City shall be allowed
access to all parts of the Work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this
Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the Engineer and City when work is considered to be complete, in
operating condition, and ready for inspection. Further inspection requirements may be designated
in the Technical Specifications.
The contractor shall conduct tests necessary to determine if the Work functions properly.
Arrangements for testing laboratory services will be made by the contractor. Payment for testing
to show compliance with specified requirements will be paid for by the contractor. At the city's
discretion, the city may re -test or arrange additional testing beyond that normally and typically
required to be provided by the contractor. The cost of retesting or additional testing shall be paid
by the city, except when materials and workmanship fail to meet specified requirements. Then
the cost will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The Engineer or City may request an examination of completed work of the Contractor at any
time before acceptance by the City of the Work and shall remove or uncover such portions of the
finished work as may be directed. After examination, the Contractor shall restore said portions of
the Work to the standard required by the Specifications. Should the work thus exposed or
examined prove acceptable, the uncovering or removing and the replacing of the covering or
making good of the parts removed shall be paid for as extra work, but should the work so
exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's expense.
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9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and
give sufficient supervision to the Work until its completion.
The superintendent shall have full authority to act on behalf of the Contractor, and all
communications given to the superintendent shall be considered given to the Contractor. In
general, such communications shall be confirmed in writing and always upon written request
from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any other remedy he may
have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct
deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor stating the
cause for such action. This Agreement may be terminated by the City without cause provided at
least thirty (30) days written notice of such termination shall be given to the Contractor. In the
event of termination, the City may take possession of the Work and of all materials, tools and
equipment thereon and may finish the Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever he shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment therefore.
9.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the City's forces or by other contractors is contiguous to work
covered by the Contract, the respective rights of the various interests involved shall be
established by the City, to secure the completion of the various portions of the Work in general
harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor
shall cooperate with other Contractors with regard to storage of materials and execution of their
work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting
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his work and to report to the City any irregularities which will not permit him to complete his
work in a satisfactory manner.
His failure to notify the City of such irregularities shall indicate the work of other contractors has
been satisfactorily completed to receive his work. It shall be the responsibility of the Contractor
to inspect the completed work in place and report to the Engineer immediately any difference
between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in
writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not
be changed except at the request or with the approval of the City. The Contractor is responsible
to the City for the acts and omissions of his subcontractors and their direct or indirect employees,
to the same extent as he is responsible for the acts and omissions of his employees. The Contract
Documents shall not be construed as creating a contractual relation between any subcontractors
and the City. The Contractor shall bind every subcontractor by the terms of the Contract
Documents.
For convenience of reference and facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however, operate to
make the Engineer or City an arbiter to establish limits to the contracts between the Contractor
and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, he shall notify the
Engineer and City of the emergency as soon as practicable, but he shall not wait for instructions
before proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents, and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 NIGHT, SATURDAY AND /OR SUNDAY WORK
Saturday and Sunday work will be permitted with prior approval from City. This clause shall not
pertain to crews organized to perform restoration work which needs no verifying inspection,
maintenance work on equipment, or to operate and maintain special equipment such as
dewatering pumps which may be required to work 24 hours per day.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at the
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Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that
has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the
Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the
Contractor shall be entitled to extra compensation, or an extension of time, or both, as
determined by the Engineer. However, if Contractor has failed to complete the Work in
accordance with the time requirements of the Agreement, no compensation (including set -offs to
liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor,
and he shall take every necessary precaution against injury or damage to the Work by the action
of the elements or from any other cause whatsoever, whether arising from the execution or from
the non execution of the Work. The Contractor shall rebuild, repair, restore and make good,
without additional compensation, all injury or damage to any portion of the Work occasioned by
any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
10.0 MEASUREMENT AND PAYMENT
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10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor
shall submit a complete breakdown of the contract amount showing the value assigned to each
part of the Work, including an allowance for profit and overhead within ten (10) days of the
execution of the Contract by the parties. Upon approval of the breakdown of the contract amount
by the Engineer and the City, it shall be used as the basis for all requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for
work completed. Where applicable, the Contractor may choose to submit a request for payment
at the substantial completion of each work order. The City may elect to provide its own form for
the Contractor to submit progress payment requests. The standard form provided by the City, or a
form presented by the Contractor having received prior approval from the City, can be used for
the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for
obtaining the necessary information relative to the progress and execution of the Work. In
addition to each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed
in the detailed breakdown of the contract amount Less previous payments and back charges.
Progress payments on account of Unit Price Work will be based on the number of units
completed at the time the payment request was dated by the Contractor. If payment is requested
on the basis of materials and equipment not incorporated in the project but delivered and suitably
stored at the site or at another location agreed to in writing, the payment request shall also be
accompanied by a bill of sale, invoice or other documentation warranty that the City has received
the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, all of which shall be satisfactory to the City. No payments shall be made for
materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release
or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case
earlier than completion of the Engineer's "punch list inspection
Any request for payment shall be accompanied by claim releases for work done or materials
furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractor, informing
the Contractor in writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if,
in the opinion of the City, there is sufficient evidence that the Work has not been
satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiring correction or replacement
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(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set -off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by
the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re- execution of that work. In the event that City incurs
expenses related thereto, Contractor shall pay for the same within thirty (30) days after written
notice to pay is given by the City. If the Contractor does not pay the expenses of such removal,
after ten (10) days written notice being given by the City of its intent to sell the materials, the
City may sell the materials and shall pay to the Contractor the net proceeds therefrom after
deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be
set -off against any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original
Plans or Specifications, such change shall be effected by the Contractor when the City issues a
written Change Order. The Change Order shall set forth in complete detail the nature of the
change, the change in the compensation to be paid the Contractor and whether it is an addition or
a reduction of the original total contract cost. Should additional or supplemental drawings be
required, they will be furnished by the Engineer.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall
be established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor shall notify the City in writing of its intention to make claim for extra compensation
before work begins on which the claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of
actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account of the costs as aforesaid shall not in any way be construed as proving the validity of
the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction
of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle
the Contractor to the payment of a fair and equitable amount covering all costs incurred by him
pertaining to the canceled items before the date of cancellation or suspension of the Work. The
Contractor shall be allowed a profit percentage on the materials used and on construction work
actually done, at the same rates as provided for "Changes in the Work but no allowance will be
made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the
site before the date of such cancellation or suspension shall be purchased from the Contractor by
the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools
and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with
Paragraph 9.8 shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work
under this Agreement and the Contractor shall be held harmless for the work of others. No
further payments shall be due the Contractor until the Work is completed and accepted by the
City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work
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including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a
quantum meruit basis for the work done prior to termination. If the cost of completing the Work
shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City.
The cost incurred by the City as herein provided shall include the cost of the replacement
contractor and other expenses incurred by the City through the Contractor's default. In either
event, all work done, tracings, plans, specifications, maps, computer programs and data prepared
by the Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination on a
quantum meruit basis and any work done or documents generated by the Contractor shall remain
the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the fmal construction
review is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release
of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has
notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement
of Account, executed by the supplier or subcontractor, must be attached to each request for
payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request
for payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made. As a condition for Final payment, a
Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as -built drawings which may be required. The Contractor shall furnish full and final
releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the
performance bond, any legal rights of the City, required guarantees and satisfaction of all
warranty work, and shall authorize payment of the Contractor's final request for payment.
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10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects
discovered within one (1) year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that he has not employed or retained any company or person, other than
a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and
that he has not paid or agreed to pay any person, company, corporation, individual or firm, other
than a bona fide employee working solely for the Contractor, any fee, commission, percentage,
gift or any other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this paragraph, the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on
behalf of the Contractor to any person for influencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, an officer or employee of Congress or
an employee of a member of Congress in connection with the awarding of any Federal contract,
the making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment or modification of
any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall
complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with
its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance of services
33
required to be performed under this Agreement. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall be employed. The
Contractor shall not undertake any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City during the term of this Agreement. Any
work where the Contractor can reasonably anticipate that it may be called to testify as a witness
against the City in any litigation or administrative proceeding will constitute a conflict of interest
under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes,
has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the
provisions of said statute.
11.6 DRUG -FREE WORKPLACE
The Agreement documents also consist of the "Drug -Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered
Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988,
Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85 -624), The Safe
Water Drinking Act Section 1424(e) (PL 93 -523, as amended), The Wild and Scenic Rivers Act
(PL 90 -542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966
(PL 89 -754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88 -352), The Age Discrimination Act (PL
94 -135), Section 13 of The Federal Water Pollution Control Act (PL 92 -500), Executive Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and
applicable regulations, and the Americans with Disabilities Act (PL 101 -336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below
and maintain said insurance during the life of this agreement:
(a) Workers' Compensation Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
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The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to insure that all sub contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to
the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required has been so obtained and approved by the City. The Contractor shall
carry and maintain until acceptance of the Work, insurance as specified herein and in such form
as shall protect him and any subcontractor performing work under this Contract, or the City, from
all claims and liability for damages for bodily injury, including accidental death, under this
Contract, whether by himself or by any subcontractor or by any one directly or indirectly
employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City and the Engineer as an additional insured party, prior to the start of
construction as provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown
in these Documents, for Performance and Payment, each in the amount of 100% of the total
contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for
the prosecution of the Work shall be secured by the City, except for the following
permits /approvals that the contractor shall secure: Contractor's licenses and registrations,
SJRWMD Consumptive Use Permit for construction de- watering activities, F.D.E.P. N.O.I to
use Generic Permit for the Discharge of Produced Groundwater from any Non Contaminated Site
Activity, and any building permit's required by the City's Building Official.
1 1.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, permit requirements and regulations in any manner affecting the conduct of the
Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or
authority over the Work, and shall indemnify and save harmless the City and Engineer against
any expense, claim or liability arising from, or based on, the violation of any such law, ordinance,
regulation, permit requirements, order or decree, whether by himself or his employees. The
failure of the Contractor to adhere to any known law or regulation pertaining to furnishing
services under this Agreement shall constitute a material breach of this Agreement.
The Contractor shall keep himself fully informed of all existing and pending state and national
laws and municipal ordinances and regulations in any manner affecting those engaged or
employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or
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12.0 MISCELLANEOUS
authority over the same. If any discrepancy or inconsistency is discovered in the Plans,
Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order
or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all
times himself observe and comply with and cause all his agents, subcontractors and employees to
observe and comply with decrees; and shall protect and indemnify the City and Engineer, their
officers, employees and agents against any expense, claim or liability arising from or based upon
violation of any such law, ordinance, regulations, orders or decree, whether by himself or his
employees.
All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations, restrictions
and reservations of record, local ordinances and such other statutory provisions pertaining to this
class of work.
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered
in person or by telegraph or registered or certified mail to the parties at the address as either party
may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or
corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with
the Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for
the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate
as a waiver of any portion of the Contract or any power therein reserved or any right therein
reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the Contractor under this Agreement.
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12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Contractor, in the United States or in any other country. The
City or its assigns shall have the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or other material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared
or obtained under this Agreement shall remain the property of the City. Any use of any plans and
specifications by the City except the use reasonably contemplated by the City at the time the City
entered this Agreement will be at the City's risk and Contractor, its officers, directors and
employees, will be held harmless from such use.
12.7 HOLD HARMLESS
Contractor agrees to hold harmless the City of Sebastian, the Sebastian Municipal Airport, and its
employees /officers /officials from all claims related to this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATTEST: THE CITY OF SEBASTIAN
Sally A. Maio, City Clerk Al Minner, City Manager
MMC
(SEAL)
Approved as to Form and Content for: Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
NAME:
NAME:
37
CONTRACTOR
West Construction Co., Inc.
By:
Name:
Title:
ID THE LPA GROUP INCORPORATED
Transportation Consultants
615 CRESCENT EXECUTIVE COURT, SUITE 200 LAKE MARY, FL 32746-2146 407 306-0200 FAX 407 -306 -0460
September 4, 2009
Mr. Joe Griffin
Airport Manager
City of Sebastian
202 Airport Drive East
Sebastian, Florida 32958
Subject: Sebastian Municipal Airport
Runway 4 -22 Improvements
Revised Scope and Fee Proposal Transmittal
Dear Mr. Griffin:
Enclosed, please find a revised scope and fee proposal for the Runway 4 -22 Improvements Project.
Construction Administration services have been added. We hope that you find this proposal
agreeable, and we look forward to working with you on this important project.
Please feel free to call me in the Orlando Office at 407 306 -0200 if you have any questions.
Sincerely,
THE LPA GROUP INCORPORATED
Robert K. Hambrecht, P.E.
Project Manager
cc: Mark Kistler, LPA (e -mail)
File (FAH412032.1c)
Attachments: Exhibit A Scope of Work
Exhibit B Hour and Fee Estimate Design
Exhibit C Project Sketch
ATLANTA BATON ROUGE CHARLESTON CHARLOTTE COLUMBIA GREENSBORO GULFPORT KNOXVILLE MOBILE MYRTLE BEACH•
ORLANDO RALEIGH RICHMOND SARASOTA TALLAHASSEE TAMPA WEST PALM BEACH
FAH412032
(Project Identification No.) (Work Authorization No.)
It is agreed to undertake the following work in accordance with the provisions of our Non Exclusive
Agreement for Continuing Professional Engineering Services dated May 27, 2009.
Description of Assignment: (Attached Exhibit A)
Provide the City of Sebastian with Engineering, Design, Bidding and Construction Administration
services for the improvements to Runway 4 -22 to include removing pavement from the shoulders and the
useable width for the entire 4,000' length. Electrical improvements will relocate edge lights and other
navigational aids.
Basis of Compensation/Period of Services: (Attached Exhibit B)
THE LPA GROUP will provide the above services for a Lump Sum amount of$87,289.00 (Eighty -seven
Thousand Two Hundred Eighty -nine and No Cents) These services will be performed in accordance
with the schedule in Exhibit A, and the Man Hour and Fee Estimate, Exhibit B.
Agreed as to scope of services, time schedule, and budget:
For the CITY OF SEBASTIAN (FLORIDA) For THE LPA GROUP INCORPORATED
Date: Date:
Attachments: Exhibit A: Scope of Work
Exhibit B: Manhour Estimate
Exhibit C: Project Sketch
CITY OF SEBASTIAN (Florida)
Work Authorization for Professional Services
SEBASTIAN MUNICIPAL AIRPORT
RUNWAY 4 -22 IMPROVEMENTS
Runway 4 -22 Improvements
Exhibit A
Sebastian Municipal Airport Runway 4 -22 Improvements
Scope Description
Introduction
The Sebastian Municipal Airport (Airport) has requested the services of THE LPA GROUP
INCORPORATED (LPA) for the following task:
Runway 4 -22 Improvements (Project)
This project generally consists of the preparation of construction drawings and Technical
Specifications. This project also generally consists of construction phase services as described
under Phase 3 of this document. This project is more fully described in the document that
follows.
Exhibit B contains the Hour and Fee estimate for this task and Exhibit C depicts a sketch of the
proposed improvements.
Project Description
This project consists of removing pavement from the shoulders and the useable width of Runway 4 -22 for
the entire 4,000' length. The runway is currently 100' wide with 25' paved shoulders. This project will
narrow the width to 78' and remove all shoulder pavement.
Other components of this project involve:
Relocating the elevated runway edge lights to the correct offset from the new edge of pavement.
Relocating flush, in- pavement edge lights at taxiway/ runway intersections.
Adjusting the Runway Threshold Lights (RTL's) to the new pavement width.
Remove conflicting markings on adjoining taxiways and re -mark.
Adjust markings at intersection of Runway 8 -26.
Remark the runway for Visual markings.
LPA will develop bidding documents and construction documents indicating the proposed improvements
including safety and construction phasing details.
LPA will perform the necessary coordination with permitting agencies; however, it is assumed that there
will be no SJRWMD permit required for this project.
1 Phase 1- Design
1.1 Pre Design Phase Services to be provided by LPA
A pre -design field review will be performed by members of the design team. Notes and a photo log will
be produced from this visit. Due to the fast track nature of this project, no field survey information will
Page A -1 of A -5 September 2009
Construction Plans will consist of:
Cover Sheet
Project Layout Plans
MOT and Safety Plans
Demolition Plans
Grading Plans
Pavement Marking Plans
Cross Sections (every 50' -100')
Misc. Details
Electrical Plans and Details
be obtained. Instead, LPA will rely on existing information obtained from the Airport from past projects
and as -built field condition data. Geotechnical data will be obtained.
Meetings: LPA will attend a kick -off meeting with the Airport to discuss items such as phasing, hours of
construction operation, durations, and budgets. LPA will attend a pre application meeting with
SJRWMD and prepare necessary paperwork for a "No Permit Required" submittal.
1.2 Design Phase Services to be provided by LPA
LPA will provide the following basic design services for this project (see Exhibit B for hour and cost
breakdown):
Coordination with the City LPA will conduct two (2) meetings with the City of Sebastian to
review the progress of the bidding documents.
Technical Specifications LPA will prepare Technical Specifications for demolition, pavement
markings and electrical construction.
Front End/Contract documents LPA will prepare the advertisement, bid forms, general
conditions, special conditions, and review the City of Sebastian's modified construction contract.
The City of Sebastian will provide the Contract and General Provisions document.
Engineers Report A detailed report of the design parameters will be prepared for the Airport's
use. It shall include a detailed cost estimate in budgeting and evaluating bids.
There shall be a draft bid set prepared for the City's review prior to proceeding to complete bid
documents. LPA will provide five (5) half -size sets of Plans, Specifications, and the Engineer's Report to
the City and regulatory agencies.
Bidding Documents LPA will prepare the following Final Documents for the City. It is noted that the
City of Sebastian will provide contract documents. LPA will provide the five (5) sets of documents for:
Drawings (to be provided by LPA).
Technical Specifications (to be provided by LPA).
Bid Documents (to be provided by LPA).
Contract Documents (to be provided by the City).
2 Phase 2 Bidding Services
2.1 Bidding Services
LPA will perform general coordination and:
Prepare for and attend the Pre -Bid Conference;
Assist with the preparation of addenda as necessary;
Runway 4 -22 Improvements
Page A -2 of A -5 September 2009
Assist the City in opening, tabulating, and evaluating bids; and
Assist the City in preparing the construction contracts.
3 Phase 3 Construction Administration
3.1 Construction Administration
LPA will perform construction administration services to include limited project oversight and contract
administration. These services shall be utilized to observe the progress of the Contractor(s)' construction,
monitor construction progress, perform general coordination with Contractor(s), review shop drawings
and submittals, respond to RFI's and questions, attend meetings, prepare minutes, review pay requests,
and perform site visits.
LPA shall have an advisory role on the following tasks:
Construction Progress Observation: LPA will make visits to the site at bi- weekly intervals in
order to observe as an experienced and qualified design professional the progress of the various
aspects of the Contractor(s)' work. Based on information obtained during such visits and on such
observations, LPA shall endeavor to determine in general if such work is proceeding in
accordance with the Approved Contract Documents and LPA shall keep the Airport
informed of the progress of the work.
LPA shall not, during such visits or as a result of such observations of the Contractor(s)' work in
progress, supervise, direct, or have control over the Contractor(s)' work, nor shall LPA have
authority over or responsibility for the means, methods, techniques, sequences, or procedures of
construction selected by the Contractor(s), for safety precautions and programs incident to the
work of the Contractor(s) or for any failure of the Contractor(s) to comply with laws, rules,
regulations, ordinances, codes, or orders applicable to the Contractor(s) furnishing and
performing their work. Accordingly, LPA can neither guarantee the performance of the
construction contracts by the Contractor(s) nor assume responsibility for the Contractor(s)' failure
to furnish and perform their work in accordance with the Documents.
Defective Work: During such visits and on the basis of such observations, LPA will inform the
Airport of deficiencies in the Contractor(s)' work while it is in progress if LPA believes that such
work will not produce a completed Project that conforms generally to the Approved Design -Build
Documents or that it will prejudice the integrity of the design concept of the Project as reflected
in the Approved Contract Documents. LPA will prepare a report based on observations of each
site visit for distribution to the Airport and the Contractor(s).
Disputes between Airport and Contractor(s): LPA shall act as the initial interpreter of the
requirements of the Approved Contract Documents and judge of the acceptability of the work or
the interpretation of the requirements of the Approved Contract Documents pertaining to the
execution and progress of the work. LPA shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
Review Monthly Pay Applications: LPA shall review the monthly pay applications from the
Contractor(s) and verify quantities /percentage of work completed during the pay application
period. LPA shall make a recommendation for payment to the Airport for the Airport to then
release payment to the Contractor(s).
Runway 4 -22 Improvements
Page A -3 of A -5 September 2009
Substantial Completion and Final Inspection: LPA shall make a site visits to determine
substantial and final completion. LPA shall prepare and issue a punch list of deficient items
following the substantial completion site visit for the Contractor(s) to address prior to final
completion. LPA shall issue a Letter of Completion following a satisfactory final inspection.
Assumptions:
1. When possible, site visits will be held with the Airport's representative and the Contractor(s)
present to review the progress of the work. Exclusive of site visits related to Preconstruction, this
task assumes biweekly site visits during the course of the Project, along with the Substantial
Completion and Final Inspections (approximately 6 site visits).
2. Applications for payment will be processed monthly (2 total).
Deliverable: Narrative field report of observations after each visit and recommendations for
payment following each pay application.
Contractor(sl' Completion Documents: LPA will review maintenance and operation instructions,
schedules, guarantees, bonds and certificates of inspection, tests, and approvals which are to be
assembled by the Contractor(s) in accordance with the Approved Contract Documents (but such
review will only be to determine that their content complies with the requirements of, and in the
case of certificates of inspection, tests, and approvals, the results certified indicate compliance
with, the Approved Contract Documents), and shall transmit them to the Airport with written
comments.
Completion Inspections: LPA shall conduct inspections (maximum of one (1) day for substantial
completion) or observe the Contractor(s) demonstrations to determine if the work or parts of the
work are partially accepted, substantially complete, or ready for a final inspection as defined in
the General Provisions of the Construction Contract. Such inspections shall advise if the
completed work is acceptable to the Airport and other governing agencies.
Assumptions:
1. All Contractor(s) completion documents will be presented in one (1) submittal for review and
comment.
2. Visits will be held with the City of Sebastian Project Representative and the design -build entity
present to review the completion of the work.
3. Exclusive of site visits related to periodic construction observation or other applications for
payment, this task assumes an additional one (1) site visit during the course of the Project.
Deliverables:
1. Comments on completion documents.
2. Advice for determining the substantial completion of the work and review of the Contractor(s)'
list of incomplete items.
Runway 4 -22 Improvements
Page A -4 of A -5 September 2009
4 Phase 4 Closeout Services
4.1 Closeout Services
Upon construction completion, LPA will prepare an updated Airport Layout Plan (ALP) for
submission to the appropriate agencies. These revised elements of the overall ALP set will be
prepared in conformity with the FAA/FDOT Airport Layout Plan drawing standards.
Assumptions:
1. The update of the existing ALP includes only the general area of new construction.
2. Modifications will be made to the existing electronic files.
Deliverables:
1. Five (5) prints of an updated Airport Layout Plan for submission to the FAA and the Florida
Department of Transportation.
2. One (1) electronic file of the Airport Layout Plan.
LPA will assist the Airport with the closeout of the Project with the Contractor(s) as well as with the
following agencies:
The Florida Department of Transportation (FDOT)
The Federal Aviation Administration (FAA)
The Contractor(s) shall prepare and LPA will certify and deliver as-built drawings, test results, bill of
sale, and any other required documentation for agency closeout.
4.2 Subconsultants
LPA shall contract with testing firm(s) as necessary for material and construction quality assurance
testing during construction. LPA shall have authority, as the Airport's representative, to require special
inspection or testing of the work, and shall receive and review all certificates of inspections, testing and
approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but
only to determine generally that their content complies with the requirements of, and the results certified
indicate compliance with, the Contract Documents). Testing is expected but not limited to the following
elements: earthwork and concrete. LPA will review tests and notify the Airport of the results of each test.
Schedule
Plans and Specifications shall be completed within two weeks of the Notice to Proceed. The construction
services phase shall be shall be 70 days for construction, 30 days for material procurement, and 30 days
for punch list and project closeout for a total of 130 days.
Runway 4 -22 Improvements
Page A -5 of A -5 September 2009
Runway 4-22 Improvements
Item/Task Description
2009 Rate
a
$201.00
a
$171.00
$171.00
w
$144.00
coo Designer
0
0
r o Technician
Technical
o Assistant
0
Phase 1 Design
Advertise and Coordinate
4
Coordination with City
Distribute Bidding Documents
2
1
2
Coordination with Subconsultants
Pre Conference
2
3
3
4
Prepare Base Maps
-Bid
Answers to Bidders /Issue Addenda
2
5
8
Geometric Design
Bid Opening
2
6
10
03
Site Visit
Review Bids for Responsiveness
2
8
8
4
Coordination with FDOT
Certified Bid Tabs /Award Contract
1
1
1
4
4
Coordination with FAA (Airspace Checklist)
Contract Preparation
1
1
2
2
8
Review Meeting with City
4
Pre Application meeting with SJWMD
4
Prepare /Submit Preliminary Plans
Cover Sheet
2
Project Layout Safety Plan
1
1
2
4
4
General Notes Summary of Quantities
1
1
1
1
4
Phasing Plan
2
1
1
5
9
Typical Sections
1
2
4
7
Demolition Plans
1
4
7
6
18
Grading Plans
1
2
8
5
16
Cross Sections
3
3
6
12
Miscellaneous Details
2
6
8
Runway/ Taxiway Pavement Marking
1
3
4
2
10
Erosion Control Details
2
4
6
Construction Cost Estimate
1
2
5
3
11
Engineer's Report
6
4
10
Technical Specifications
2
3
5
10
Quality Control
1
2
2
5
Project Management
6
6
Phase 1 Design Hours
1
24
21
47
54
53
25
225
Phase 1- Design Fee
$201
$4,104
$3,591
$6,768
$5,832
$4,346
$1,900
$26,742.00
Exhibit B: Hour and Fee Estimate
Sebastian Municipal Airport
Page B -1 of 3
Phase 2 Bidding
Advertise and Coordinate
4
4
Distribute Bidding Documents
2
2
Pre Conference
4
4
8
-Bid
Answers to Bidders /Issue Addenda
4
8
12
Bid Opening
Review Bids for Responsiveness
2
2
4
8
Certified Bid Tabs /Award Contract
4
4
8
Contract Preparation
2
8
10
Exhibit B: Hour and Fee Estimate
Sebastian Municipal Airport
Page B -1 of 3
Runway 4-zz Improvements
Item/Task Description
2009 Rate
$201.00
C
a
$171.00
Phase 3: Construction Administration
cientist
a Designer
1
c
N Technician
0
0
r ical
tant
lelcl
Phase 2- Bidding Hours
0
6
Review Shop Drawing Submittals
14
4
2
2
52
4
4
12
Prepare for and attend Preconstruction Conference
2
2
6
$2,432
$5,474.00
6
14
Coordination with Owner
As -Built Certification
4
4
2
6
Coordination with Contractor
FAA AIP Survey Certification
16
8
8
2
10
Weekly Site Visits
Phase 4: Closeout Services Hours
40
24
4
12
40
Review Pay Applications
8
68
3
$4,104
$684
2
5
Substantial Completion and Punchlist
$608
4
4
4
12
Final Inspection
4
4
1
9
Construction Completion Certification
2
2
4
Phase 3: Construction Administration Hours
20
5
64
0
0
23
112
Phase 3: Construction Administration Fee (LS)
$3,420
$855
$9,216
$0
$0
$1,748
$15,239
Runway 4-zz Improvements
Item/Task Description
2009 Rate
$201.00
C
a
$171.00
Phase 4: Closeout Services
cientist
a Designer
1
c
N Technician
0
0
r ical
tant
lelcl
Phase 2- Bidding Hours
0
6
FDOT Closeout
14
2
0
4
52
4
1
11
FAA Closeout Update ALP
$2,016
2
4
$2,432
$5,474.00
4
1
11
As -Built Certification
4
4
2
10
FAA AIP Survey Certification
16
8
8
4
36
Phase 4: Closeout Services Hours
24
4
12
0
20
8
68
Phase 4: Closeout Services Fee (LS)
$4,104
$684
$1,728
$0
$1,640
$608
$8,764
Runway 4-zz Improvements
Item/Task Description
2009 Rate
$201.00
C
a
$171.00
Design Phase Subconsultants (Lump Sum)
cientist
a Designer
1
c
N Technician
0
0
r ical
tant
lelcl
Phase 2- Bidding Hours
0
6
Topographic Survey
14
0
0
32
52
Phase 2 Bidding Fee
$0
$0.00
Electrical Design
$2,016
$0
$0
$2,432
$5,474.00
$15,000.00
Geotechnical
$1,700.00
Fixed Fee on Subconsultants (10
$1,670.00
Design Phase Subconsultants (Lump Sum) Fee
$18,370.00
Runway 4-zz Improvements
Item/Task Description
2009 Rate
$201.00
C
a
$171.00
C
in
$171.00
cientist
a Designer
1
c
N Technician
0
0
r ical
tant
lelcl
Phase 2- Bidding Hours
0
6
0
14
0
0
32
52
Phase 2 Bidding Fee
$0
$1,026
$0
$2,016
$0
$0
$2,432
$5,474.00
Exhibit B Hour and Fee Estimate
Sebastian Municipal Airport
Design Direct Expenses (Lump Sum)
Reproduction
Travel
Posta•e
Design Direct Expenses (Lum Sum) Fee
$500.00
$0.00
$100.00
$600.00
9/4/2009
Item/Task Description
2009 Rate
n
c
a
$201.00
Project
c Manager
0
4' Senior
(Engineer
o /Scientist)
a Engineer
o /Scientist
0 Designer
0
0
r c° c ian
Technical
o Assistant
0
leaol
Construction Phase Subconsultants
Hillers Electrical En•ineerin.
$8,000.00
Qual' Assurance Testin.
$3,000.00
Fixed Fee on Subconsultants (10
$1,100.00
Construction Phase Subconsultants Fee
$12,100.00
Exhibit B Hour and Fee Estimate
Sebastian Municipal Airport
Rnnwav 4.22 Imnrnvaments
Page B -3 of 3
Subject:
Stan Mayfield Working Waterfront
Program Proposed Modification
Ap rov: d for Submittal by:
p Ii/
Grant
Agenda No.
Departme
Finance.
t
oq, 0q
Ori i GM
.1 4'
City Attorney:
City Clerk:
Date Submitted:
For: Meeting
/i Ei.
October 8, 2009
of Oct. 14, 2009
►nner, City Manager
Exhibits:
EXPENDITURE
REQUIRED:
$4,015,000
AMOUNT BUDGETED:
$3,163,500 SMWW Grant
$351,500 CRA Match
APPROPRIATION
REQUIRED:
$500,000 CRA Fund
CnYOF
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
The Working Waterfront Committee has requested that the City consider a modification
to the project boundaries. The City was awarded funding through the Stan Mayfield
Working Waterfront Grant that provides 90% of purchase price for the two properties
commonly known as Hurricane Harbor and Sebastian Entertainment. The City applied
for and received funding for the portion of the grant commonly known as "b
a) Acquisition of a parcel(s) of land directly used for the purpose of commercial
harvest of marine organisms or saltwater products by state licensed commercial
fisherman, aquaculturists or business entities, including piers, wharves, docks or
other facilities operated to provide waterfront access to licensed commercial
fisherman, aquaculturists or business entities.
b) Acquisition of a parcel(s) of land used for exhibitions, demonstrations,
educational venues, civic events and other purposes that promote and educate
the public about economic, cultural and historic heritage of Florida's traditional
working waterfronts, including the marketing of seafood and aquaculture
industries.
During the course of the summer, while the State conducted the appraisals and began
land acquisition negotiations, the Working Waterfront Committee identified the
Dabrowski /Offshore Marina property, due south of Hurricane Harbor, as a key parcel.
This was the parcel Fisherman's Landing Sebastian, Inc. sought for purchase in order
to acquire a commercial dock and fish house. This application was not funded. At the
PARCEL ORG STATE
FUNDING
ORG CITY
FUNDING
ORIGINAL MODIFIED
TOTAL STATE
MODIFIED
CITY
MODIFIFED
TOTAL
Hurricane Harbor $2,250,000
$250,000
$2,500,000 $2,250,000
$250,000
$2,500,000
Entertainment Ctr $900,000
$100,000
$1,000,000 $0
$0
$0
Dabrowski Parcel $0
$0
$0 $900,000
$600,000
$1,500,000
TOTAL $3,150,000
$350,000
$3,500,000 $3,150,000
$850,000
$4,000,000
C
NOTE time of application, the Fisherman's Landing Sebastian, Inc. had not yet received their
501(c)3 status from the Internal Revenue Service and their application was denied.
Since the time of application the group has received their not for profit status
certification.
At this time, City staff is now aware that the Sebastian Entertainment Center will not be
purchased. Please note, that appraisal information and negotiated prices are still
confidential. However, with the Sebastian Entertainment Center not being purchased,
approximately $900,000 of grant funding is available. If the City does not amend the
grant at this time, the money will return to the State.
Because the Working Waterfront Committee has suggested that the City Council
consider purchase of the Dabrowski parcel, now is the ideal time to formally consider a
grant modification, as the State has not re- opened and will not be funding additional
grant rounds in the coming year. Preliminary conversations with the FCT staff have
indicated that they are amenable to the project boundary modification because it would
further the overall goals of the grant program. This parcel would fulfill the acquisition
goals outlined in part "a
It is anticipated that an additional $500,000 would be needed from the City to purchase
this property. This property includes a commercial dock and a fishhouse. If the land
acquisition is made, the City could lease the dock and fishhouse to Fisherman's
Landing Sebastian, Inc. in order to manage the fishing operation. Attached is a copy of
the Fisherman's Landing Sebastian, Inc. grant application. For your information, Martin
County has a similar situation whereby the County owns the docks in Port Salerno and
leases them to a fishing group.
Below is a chart which depicts how funds can be shifted to accommodate the additional
expenditure through CRA funding.
All land acquisition costs are estimates. There is the potential that if the appraisal is equal to the original
amount budgeted for the Sebastian Entertainment Center, than no additional funding would be necessary.
If the City Council approves, Staff will send a written request to the Florida Communities
Trust (FCT) staff for their review. FCT staff will consider the boundary request and if
approved, will initiate the appraisals for the parcel. FCT staff has indicated that
modifying the project boundaries will not delay the acquisition currently being
negotiated.
RECOMMENDATION
Approve project boundary modification request and additional funding for transmittal to
Florida Communities Trust (FCT).
RESOLUTION NO R -09 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, REQUESTING A BOUNDARY MODIFICATION
AND INCREASING FUNDING ALLOCATION FOR THE APPROVED
STAN MAYFIELD WORKING WATERFRONT GRANT; PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the Florida Communities Trust, has been authorized to provide
funding opportunities to local governments or non profit entities to preserve and promote
Sebastian's heritage commercial fishing industry through the Stan Mayfield Working
Waterfronts grant program.
WHEREAS the City has acknowledged that the purpose of the Stan Mayfield
Working Waterfronts program is to further the protection and continuation of working
waterfronts in the State of Florida.
"Working Waterfront" is defined in the Florida Statute as:
(a) A parcel or parcels of land directly used for the purposes of the commercial
harvest of marine organisms or saltwater products by state licensed commercial
fishermen, aquaculturists, or business entities, including piers, wharves, docks, or
other facilities operated to provide waterfront access to licensed commercial
fishermen, aquaculturists, or business entities; or
(b) A parcel or parcels of land used for exhibitions, demonstrations, educational
venues, civic events, and other purposes that promote and educate the public
about economic, cultural, and historic heritage of Florida's traditional working
waterfronts, including the marketing of the seafood and aquaculture industries.
WHEREAS the City was awarded up to $3,163,500.00 from Florida
Communities Trust on April 13, 2009, to be utilized to acquire the two parcels of land
outlined in the original application fulfilling the goals of the program as outlined in part
(b) above.
WHEREAS the State conducted two appraisals and sent a written offer for the
Sebastian Entertainment parcel, which was rejected by the property owner and no longer
being considered for acquisition.
WHEREAS the City now requests a boundary modification to start the
acquisition process for the parcel commonly known as Dabrowski/ Offshore Marina
containing a commercial dock and historic fish house. This parcel would be considered
for purchase instead of the Sebastian Entertainment parcel.
WHEREAS the City will commit funding to the amended project.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN FLORIDA as follows:
Section 1. APPROVAL. The City Council hereby expresses its support and request
approval of boundary modification.
Section 2. AUTHORIZATION. Authorizes the City Manager to transmit a letter with
this resolution to the Florida Communities Trust program.
Section 3. 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.
This resolution was moved for adoption by Council Member
The motion was seconded by Council Member and, upon being put to a
vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice Mayor Jim Hill
Councilmember Andrea Coy
Councilmember Dale I. Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Resolution duly passed and adopted this 14
day of October, 2009.
City Clerk City Attorney
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
ATTEST: Approved as to Form and Legality for Reliance
by the City of Sebastian only:
Sally A. Maio, MMC Robert A.Ginsburg
November 25, 2008
Fisherman's Landing Sebastian, Inc.
PO Box 780126
Sebastian, FL 32978
Mr. Ken Reecy
Community Program Manager
Florida Communities Trust
2555 Shumard Oak Boulevard
Sadowski Building, Suite 310
Tallahassee, Florida 32399 -2100
Dear Mr. Reecy:
On behalf of Fishermen's Landing Sebastian, Inc., I am pleased to submit the enclosed
grant application (one original and two copies) to Florida Communities Trust's Working
Waterfronts Program. This application is for acquisition of Fishermen's Landing
Sebastian, Inc, 1532 Indian River Drive, Sebastian, FL 32958. Parcel number
31390600001001000002.0.
If the project site is selected for funding, Fishermen's Landing Sebastian, Inc., is
committed to fulfilling all commitments made in the grant application.
We have received an opinion from the local government planning staff determining that
the proposed use of the project site is consistent with the local comprehensive plan.
I also certify that condemnation or the threat of condemnation has not been used and
will not be used to acquire any portion of the project site.
hereby authorize Charlie Sembier, director, to act as the Key Contact for the project. I
understand that all correspondence concerning the grant application will be directed to
this person. You may reach him at 772 473 -1578 or Bsembler @aol.com or by mail at
6945 49 Street, Vero Beach, FL 32967.
Sincerely,
Ed Mangano, President
1
Florida Communities Trust Application Form SMWW -1
Stan Mayfield Working Waterfronts Grant Application Form
In Accordance With Rule 9K- 9.003(1), F.A.C.
1. PROJECT NAME Fisherman's Landing Sebastian
2. APPLICANT NAME Fisherman's Landing Sebastian, Inc.
(Name of Local Government or Nonprofit Working Waterfront Organization)
Nonprofit Working Waterfront Organization, must provide the required information requested in Exhibits J, K and L.
3. PARTNERSHIP APPLICATION
Is this a Partnership Application between a Local Government and Nonprofit Working Waterfront Organization?
YES NO X
If yes, provide the name of the Nonprofit Working Waterfront Organization. Also, provide an application transmittal letter
from the partnering agency.
4. KEY CONTACT PERSON
Note: The key contact is required to be an employee of the Local Government or Nonprofit Working Waterfront
Organization. Identify only one key contact person.
Key Contact Name Charles W. Sembler
Title Director
Department
Mailing Address 6945 49 Street
City Vero Beach
Phone Number 772 473 -1578 Fax Number
E -mail Address bsembleraol.com
Chief Administrator for the Local Government
Name Phone Number
Note: If the Applicant's principal office address is a post office box, a delivery address is also required.
Delivery Address
City FL Zip Code
5. PROJECT SITE LOCATION
Form SMWW -1 (Fffaotiva 1
(Descriptive project name)
First Middle Initial Last
FL Zip Code 32967
County Indian River Section 06 Township 31S Range 39E
Note:. Include all directional designations (Township either North or South Range either East or West).
6. TOTAL PROJECT ACREAGE
.38 acres (upland), .76 acres (submerged lease assigned to land owner), total 1.14 Acres
Pons. 1
Indicate the approximate acreage of the Project Site.
7. ACQUISITION TYPE
The Applicant must fill out one of the following acquisition types, as appropriate.
1.14 Acres
X Fee Simple
The Project Site will be a joint acquisition with both FCT and the Applicant participating in the Acquisition process.
Less than fee Working Waterfront Covenants
FCT and the Applicant will acquire a Tess than fee interest in the site acquiring the development rights off the property
while still allowing the owner to continue operation of the site as a Working Waterfront.
1 Number of separate ownerships to be acquired within the Project Site.
Note: No Project Site can contain more than 3 ownerships.
8. ESTIMATED PROJECT COSTS
Enter an amount on each line and round to the nearest hundred dollars.
a. Land purchase price (estimated) 2,000,000.00
b. Acquisition costs (estimated)
Cost of certified survey(s), appraisal(s), appraisal review(s), title report(s), 45,000.00
title insurance premiums) and environmental audit(s).
c. Total Project Costs [Add a. and b.] 2
9. AWARD AMOUNT AND MATCH
Dollar Amount Percentage of Award
a. FCT grant award amount (1) 2,045,000.00 100 (2 decimal places)
b. Match amount (2) 0.00 0 (2 decimal places)
c. Total Project Costs [Add a. and b.] 2,045,000.00 0
(Should equal 8.c above)
(1) The total amount of any Award or combination of Awards applied for by any Local Government(s) or Nonprofit Working
Waterfront Organization(s) under any Application(s) or Partnership Application(s) for any project(s) shall not exceed funds
available during any one cycle.
(2) No match is required. Points are awarded in the criteria (4)(a) 1 and 2 for various levels of match.
10.SOURCE OF MATCH Not Applicable No Match Proposed
Check the appropriate response(s) below to indicate eligible source(s) of Match:
Existing or future cash from the Applicant.
Cash or grant from federal, state, regional, county, municipal, or other agency.
Cash from a private Donation.
Value of real property donated by the landowner in a documented bargain sale or Donation agreement.
Note: If the source of the Match is from a third party, provide documentation indicating source and amount.
Form SMWW-1 (Effective
Pans. 9
OWNERSHIP AND ACQUISITION PLAN
List all property owners and parcel tax identification numbers for all parcels.
Requirement: Provide a willing owner letter for all parcels listed below (Exhibit H).
Owner's Name Parcel Tax ID Number(s)
Owner's Mailing Address
Owner's Name Parcel Tax ID Number(s)
Form SMWW -1 (Effective
Parcel Tax ID Number(s)
Owner's Name
Anna Dabrowski Authorized Agent: David A. Dabrowski (son) 31390600001001000002.0
Owner's Mailing Address
Anna Dabrowski, 20100 Renfrew, Detroit, MI 48221
David Dabrowski (authorized agent), 9225 87 Street, Vero Beach, FL 32967 (772) 589 -3957
Phone
Owner's Mailing Address Phone
Phone
Page 3
The purpose of the Stan Mayfield Working Waterfronts Program is to further the
protection and continuation of Working Waterfronts in the State of Florida.
"Working Waterfront" is defined in the Florida Statute as:
(a) A parcel or parcels of land directly used for the purposes of the commercial harvest of
marine organisms or saltwater products by state licensed commercial fishermen,
aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated
to provide waterfront access to licensed commercial fishermen, aquaculturists, or business
entities; or
(b) A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic
events, and other purposes that promote and educate the public about economic, cultural, and
historic heritage of Florida's traditional working waterfronts, including the marketing of the
seafood and aquaculture industries.
The project proposed for funding in the grant application trust clearly further the
purposes of a Working Waterfront as outlined above.
Form SMWW -1 (Effective
Panes 4
Project Summary or Business Summary
Business Summary
The disappearance of commercial fishing and working waterfronts in Florida has been astonishing;
their losses leaving scars on our shores, economy and cultural heritage.
Today, only a fraction of Florida's 1,197 miles of coastline are devoted to commercial fishing. Portions of our state's working
waterfronts are being sold weekly and converted to other uses, often times as second homes and condominiums. As a result,
Florida's historic fishing industry and the rich cultures once prevalent in its waterfront villages are in peril.
The Stan Mayfield Working Waterfront Act recognizes the need to preserve our State's esteemed fishing traditions and
provides for crucial commercial waterfront access:
'The Legislature finds that the quality of life, environmental quality, as well as the viability and vitality of the urban areas of this state
are directly linked to urban open space and greenways. The creation of greenways; expansion of green spaces; enhancement of
recreation areas; preservation of working waterfronts; and protection and restoration of urban lakes, rivers, and watersheds in the
urban areas of this state are necessary to link populated areas with natural areas, preserve unique cultural and heritage sites, provide
land for recreational opportunities to enhance the health and well -being of the urban residents of this state, improve water quality,
reduce the level of urban crime and violence, and build confidence and self esteem among the urban youth of this state. fs 380.502
Fisherman's Landing Sebastian, Inc. is dedicated to "Preservation by Maintaining"
Our organization's approach acknowledges that some things cannot be "fixed" quickly, and that the framework of an object's original
state must inevitably change. Preservation by Maintaining calls for a dynamic approach to that which is being preserved; it is a gradual
shift from focusing on individual buildings, to a broader focus on the more organic segments of the constructed and living maritime
community.
Preservation by Maintaining must be dynamic, or "holistic in order to create self- sustaining models; the true goal of preservation.
Even a goal like the preservation of an individual threatened species is dependent upon the larger objective of maintaining a balance
in habitat. In other words, preserving the overall environment is critical to sustaining the various species within it; they are
interdependent. If the Florida commercial fisherman is to survive, it is vital that we preserve the environment in which tie exists;
Florida's working waterfronts and the communities which surround and interact with them.
With its abundant natural resources (fish and shellfish populations), available shoreline, deep water access, existing infrastructure and
no other competitive venues, the Sebastian area currently provides an excellent opportunity to embark upon a successful working
waterfront model. In fact, Sebastian historically and currently possesses all the attributes needed to be hailed as "the model' working
waterfront conservation program.
A Brief History
First known as Newhaven, the coastal area located at the south end of the Indian River Lagoon was renamed Sebastian in 1884.
Fishing in the area for subsistence and recreation had flourished since the time of the Ais Indians, and was the mainstay of the
small community.
By the end of the 1800's, two things helped establish Sebastian as a small, but lively and important fishing village. Henry Flagler's
Florida's East Coast Railroad provided fishermen and citrus growers with the fastest shipping possible to the country's northeast
markets. Combined with John Gorrie's ice machine, it became possible to transport highly perishable products over long distances;
and the town of Sebastian prospered.
Four firms were engaged in the fish business during the winter of 1895 -96, shipping goods mostly to New York, Richmond, and New
Orleans. Opportunity seemed limitless, and it didn't take long for a full fledged industry to be set in motion. In its heyday, some
nineteen fishhouses were located along the Indian River. Sebastian's Archie Smith Wholesale Fish Company, no longer in business,
is now an official historic site on the U.S. National Register of Historic Places.
Commercial fishing, citrus, tourism, and a host of smaller industries continued to fuel the area's economy and growth until World War
I1. Today, however, only the remnants of a once mighty fishing industry remain.
Countless hurricanes, government regulations, net bans, foreign competition, skewed property taxes, pollution, and residential
development are just a few things that contributed to Sebastian's historic and cultural collapse.
Form SMWW -1 (Effective
Paoe 5
The Indian River Lagoon no longer provides a nucleus and much needed infrastructure for commercial fishing operations. As a result,
the number of profitable ventures has declined. While some finfish is still harvested and there is a modest and viable farm raised clam
industry, there is also a gaping "hundred- mile hole" between Cape Canaveral and Ft. Pierce where fishermen can no longer efficiently
make a living. It's not uncommon to see commercial fishing boats tied to sea walls along the hundred -mile stretch, impatiently waiting
to find makeshift docking facilities with enough deep water and infrastructure to handle their catches. Often times, they are forced to
waste fuel and valuable time traveling to the north and south of Sebastian to unload.
In spite of these obstacles, the determination of this die -hard fishing breed, combined with battered, but renewable, fishing
infrastructure presents a rare and timely opportunity. The City of Sebastian has clearly demonstrated its desire to resurrect and
preserve its historic working waterfront. Cultural preservation, like the conservation of our natural resources, depends upon leadership,
management, the resources of civil society and the popular will. Sebastian possesses nearly all of these traits. Land acquisition is
critical.
Provided the necessary funding for land acquisition, Fisherman's Landing Sebastian, Inc. and the local community are prepared to
nurture, rebuild and maintain an environment to facilitate a maritime renaissance for perpetuity; a living cultural heritage comprised of
both the old and the new. This rebirth of the area's commercial fishing industry will assist in fulfilling current consumer demand for local
seafood products and provide a myriad of employment opportunities during and after the development stages.
Within eyesight of Sebastian is Pelican Island. The Park is renowned as the United State's first National Wildlife Preserve.
The Sebastian area is poised for yet another first:
To be Florida's first and nation's most successful working waterfront program.
While similar initiatives can be found in the Northeastern United States, our plan is unique in that it embraces a multitude of
commercial waterfront and educational activities at a single location.
Florida Communities Trust can be instrumental in making this vision a reality by partnering with Fisherman's Landing Sebastian, Inc.
Once the necessary land is acquired, we are prepared to execute the following:
Overview of Strategies
Land Acquisition
o Application to Florida Communities Trust working waterfront grant program for initial funding. The current site is
ideally suited for the business proposal and can be acquired from a single private owner on a Fee Simple offering.
It should be noted that the current owner is motivated by the Stan Mayfield Working Waterfront Act. While the
current owner is not engaged in commercial fishing; she is committed to the spirit and intent of the new legislation;
to preserve Florida's working waterfronts;
Development of Non Profit Fisherman's Cooperative
o Recruit and formally contract with commercial fishermen, aquaculturists, brokers, wholesalers, distributors and
retailers for utilization of facilities and /or products provided by the Cooperative;
Budgeting
o Develop a comprehensive business plan and a formalized extensive budget for capital improvements,
recruitment, operations, marketing and maintenance;
Restoration of Fishhouse
o Reconstruct existing facilities and develop a new two -story structure for commercial utilization (minor and major
restorations) as outlined in the FCT application. The fishouse redesign will incorporate venues for public educational
viewing and participation (photos and exhibits);
Restoration of Docking Facilities
o Reconstruct and expand existing, damaged and decaying docking facilities to facilitate commercial utilization
(minor and major restorations) as outlined throughout the FCT application. Commercial and recreational boat
facilities will be identified (photos and exhibits);
Enhancement of Aquaculture Facilities
o Improve existing facilities (clam processing) for commercial utilization, value -added processing and public viewing
opportunities (photos and exhibits);
Restoration of On Dock Rail Transport System
o Reconstruct a vintage rail transfer system to facilitate efficient movement of products and supplies to and from
fishhouse and distribution channels. Public viewing venues will be incorporated (photos and exhibits);
Multi -Media Educational Venues
o Develop interactive educational and promotional kiosks, displays and signage within fishhouse, along all
linear docks and public walkways as outlined throughout the FCT application. Emphasis will be placed on
cultural heritage in context with modern -day business practices;
rm SMWW -1 (Effective
Pane R
Eco- Tourism Venues
o Develop an integrated system of public participation eco- tourism venues and provide a schedule of
"Info tainment" events and programs as outlined in the FCT application;
Marketing Partnership
o An on -going marketing, advertising and promotional program will be developed and implemented with the Florida
Department of Agriculture and Consumer Services, Division of Marketing and Development, Bureau of Seafood and
Aquaculture. This program will maximize commercial use and public participation while raising awareness of
Florida's seafood industry and rich heritage. The Sebastian Chamber of Commerce, Visit Florida and the Florida
Department of Transportation can also contribute toward these marketing efforts;
Destination and Product "Branding"
o Fisherman's landing will provide unique educational and entertainment experiences for all visitors. Products and
services from the area will also be unique and meet the current consumer demand for "locally produced" items.
The area's aquaculture production is considered "eco- friendly" and has excellent value -added qualities. Venue
merchandising opportunities are limitless. All these attributes will lead toward a "Sebastian Brand" identification
program to enhance marketing efforts and profitability;
Maintenance Program
o Marine facility maintenance is complicated. A comprehensive program will be developed by a team of maritime
experts and rigidly followed to keep all facilities in optimal condition;
Develop Ongoing Growth and Expansion of the Waterfront Model
o Fisherman's Landing Sebastian, Inc. will work with the City of Sebastian and Indian River County to acquire adjacent
lands (from private landowners), incorporate the City's Riverfront Development Project, expand the size and scope of
the working waterfront and contribute to the current goals stated in their Community Redevelopment and
Comprehensive Growth Plans.
Closing Statements:
Given the magnitude of the Fisherman's Landing working waterfront initiative, it is not possible to thoroughly detail all of the specific
business elements within the parameters of this application. The strategies listed above should be considered in context with the brief
explanations throughout the application, photos, and exhibits; and with an understanding that a comprehensive business plan will be
developed. The master plan will communicate immediate objectives, long -term goals, and specific criteria to measure success.
Particular attention will be focused on cooperative participation, industry profitability and visitor attendance. The purpose of this outline
is to communicate the vision of Fisherman's Landing Sebastian, Inc. and petition for assistance from the Florida Communities Trust.
The vision and master plan of Fisherman's Landing Sebastian, Inc. creates a new model for the local community that
involves cooperative commercial fishing and aquaculture, processing and distribution; public education and recreation;
retail merchandise outlets, entertainment, public dining, and eco- tourism all laced with traditional and cultural flavor.
Ideally located adjacent to major transportation corridors, interstate highways and Florida's hub of tourism, we believe
Sebastian will become an attraction for out -of -state tourists and a destination for citizens looking for "Stay- cations"
during tough financial times. The long -term goals include attracting other related businesses further bolstering the local
and State economies.
While cultural heritage preservation is not yet as engrained as conservation of nature, the movement is rapidly growing in Florida.
More than ever before, people and organizations now understand that cultural resources are critical to the State's memory, survival
of local economies and Floridians' very sense of themselves.
Florida Communities Trust holds a financial lifeline for Florida's seafood industry and the steeped traditions of Sebastian.
Fisherman's Landing Sebastian, Inc. holds a vision, drive and expertise to develop and sustain a traditional working waterfront.
In fact, our team maritime experts has centuries of experience in the development and operation of commercial fishing enterprises
(bios attached).
With the enactment of the Stan Mayfield Working Waterfront Act and a recent Constitutional Amendment providing tax incentives
for such properties, it is clear that our State's citizens and leaders value commercial fishing and view our shared cultural heritage as
a public good. We are prepared to start the process in Sebastian and welcome the opportunity for onsite communication and master
plan development.
Form SMWW -1 (Effective
Paae 7
PROJECT EVALUATION CRITERIA
Answer the following questions, as applicable to the proposed project. Where requested, provide support documentation
or attached Exhibits.
Note: Provide a response to each of the following criteria, either yes or no. If the answer to a criterion is checked no,
move to the next question. If the answer to a criterion is checked yes, provide a response as appropriate and limit your
response to no more than 1/2 page. Any criterion that is not addressed or is left blank will not be evaluated and no
points will be awarded.
(1) Location
(a) The Project Site is located within the boundary of a locally designated Community Redevelopment Area as
defined in s. 163.340, F.S. and furthers the adopted community redevelopment plan (10 points).
YES X NO
If yes provde documentation from the local government that the Project Sites located v,fithin a Community
Redevelopment Area, provide a neap showing the boundaries of the CRA. and provide a copy of the adopted corn iu
redevelopment plan.
Were all three documents provided in the grant application?
YES X Documented in Exhibit M
NO If documentation is not provided, no points will be awarded.
(b) The Project Site is adjacent to state -owned submerged lands designated as an aquatic preserve identified in s.
258.39, F.S. (10 points).
YES X NO
If yes, provide documentation from the Department of Environmental Protection's Office of Coastal and Managed Areas,
including a map and letter, that the Project Site is adjacent to state -owned submerged lands designated as an aquatic
preserve.
Were both documents provided in the grant application?
YES X Documented in Exhibit N
NO If documentation from the Department of Environmental Protection's Office of Coastal and Managed
Areas is not provided, no points will be awarded.
(c) The Project Site is located within a municipality with a population Tess than 30,000 (10 points).
YES X NO
If yes, provide documentation from the FCT web site showing that the Project Site is in a municipality with a population
less than 30,000.
Was documentation provided in the grant application?
YES X Documented in Exhibit 0
NO If documentation is not provided, no points will be awarded
(d) The Project Site is within an area designated as an active "Waterfronts Florida Partnership Community" (9
points).
YES NO X
If ve,s, provide documentation from the Depart en, o1 Community Waterfronts c F P
:I.il'!!'lit'r f :ltr.�i: i1 at -fii' nt.� s Partners ,p, `f'i Riding
acid letter, that the Project Site s located wit, acts "Waterfronts i. map
j i 71t� I 'dt tF `,i; i!ft :3 d" w}i Florida i= Partners .'ip Community",
Form SMWW -1 (Effective
Page 8
Were both documents provided in the grant application?
YES Documented in Exhibit
NO X If documentation from the Department of Community Affairs' Waterfronts Florida Partnership is not
provided, no points will be awarded.
(e) The Project Site provides services and is located within 15 miles of a state designated aquaculture "High
Density Lease Area" (5 points).
YES X NO
If yes, provide documentation from the Department of Agriculture a o Consumer Service including a rnaap and letter
the Project Site is located with n 15 miles of a stale -'a% Eilated aquae u :urt High .)e'ns Lease Area'.
Were both documents provided in the grant application?
YES X Documented in Exhibit P
NO If documentation from the Department of Agriculture and Consumer Services is not provided, no
points will be awarded.
(f) The Project Site is within an area designated as a "Rural Area of Critical Economic Concern" (4 points).
YES NO X
if yes, provide documentation from t ie FCT web site showing that the Project Site is in 'Rural Area of Critical Economic
Concern",
Was the documentation provided in the grant application?
YES Documented in Exhibit
NO X If documentation is not provided, no points will be awarded.
(2) Economic Consideration
(a) The proposed project provides an economic benefit to the community (10 points);
YES X NO
If yes, discuss now the acquisition development and management of the Project Site will provide an economic benefit to
the community.
The State of Florida's "Enterprise Florida" agency recently reported that the state's economy is experiencing a contraction in both
output and employment, and has been propped up by continued performance in several critical sectors including exports, government,
tourism and agriculture. While Sebastian is experiencing downward economic pressure, the area also holds agriculture, seafood, and
tourism assets all recognized as viable; but not fully and creatively developed.
Almost all successful entrepreneurs and reputable business schools confirm that organizations entering an economic downturn
with a pre established and creative strategic plan with emphasis on development and marketing strategies are best positioned to
approach recessions as economic opportunities to strengthen their competitive advantages and derive value from its assets.
Investing in Sebastian's existing waterfront assets will immediately yield employment opportunities and facilitate local economic
growth. Restorations, news construction and business development will prompt local spending, circulate funds and ultimately yield
additional tax revenues for City, County and State governments. This project is, literally, `Main street economic stimulus"
(b) The Project Site is located in a municipality or in the unincorporated county with a growth rate that exceeds
the average growth rate for the state, as shown by population increase since the last census (10 points);
YES X NO
if yes. prove documentation from the FCT web site rh v r� Sh s in t the yes, web :,z: �;.s aE .'�...Is the z r;; "t.,L Site i. an arca that a
growth rate for the state, as shown by population increase since the fast census
Form SMWW -1 (Effective
Was the documentation provided in the grant application?
YES X Documented in Exhibit Q
NO If documentation is not provided, no points will be awarded
Penn Q
Provide photographs of the tac
(c) The Project Site has sustained hurricane damage in the past 5 years such that operating capacity was reduced
or normal operations were interrupted for a period of not Tess than two weeks (5 points).
YES X NO
It yes, provide documentation showing that the Project Site has sustained significant hurricane damage in the past 5 years,
including identifying the hurricane and provide a state or federal doc .rne t verifying that the project site sustained
significant hurricane damage such as a copy i t` :e e of t at or
r., C.:., :lf;', i. partrr ^nt C3: Environmental f'i'otc ;ticn'S Emergency �`iiz :h :eri7<s<
t ie repair of the docking facility,
Was the documentation provided in the grant application?
YES X Documented in Exhibit R
NO If documentation is not provided, no points will be awarded
(3) Site Suitability /Readiness
(a) The Project Site contains existing structures that can be used or require only minor improvements, for use as
commercial saltwater fisheries or aquaculture operations (points may be awarded based on the following
criteria):
(1) Docking facility for commercial fishing vessels (12 points);
YES X NO
If yes, describe the existing facility, car (Ilion of the existing structure and proposed uses for the dockiric facility.
Provide photographs of the docking facility.
Minor repairs include replacing broken, cracked or decaying boards that could pose a potential hazard to workers or visitors
on the site. Some functional pilings will be replaced to prevent damage to watercraft mooring at the facility. While some of the
existing pilings currently provide adequate support for a simple single -use dock structure, our development plans call for
replacement with taller pilings to avoid hazards with larger commercial and recreational vessels. These replacements are not
considered "major" due to the nature of the work, and the commercial use of the facility will not be disrupted during repairs.
Were photographs of the existing docking facility provided?
YES X Documented in Exhibit S
NO If photographs are not provided, no points will be awarded
(2) A Seafood House or other buildings to be used for Working Waterfronts Business (10 points);
YES X NO
If yes, describe the existing facility, i'ond tion of the existing structure, and proposed use for the facility.
The clam "raceways" (flowing cultivation chambers) presently located between the North and South docks will be renovated
both aesthetically and structurally for more efficiency and to allow better visibility (as an educational venue) for visitors.
The truck loading and logistics center is a site structure that will also receive minor repairs (replaced decking).
Were photographs of the existing facility provided?
YES X Documented in Exhibit T
NO If photographs are not provided, no points will be awarded
(3) Boat ramp for commercial fishing vessels (8 points);
YES NO X
if yes, describe the xistii t 'fit 1 ?f. r? ;i is i'. o uct
51-4 r L,.i3 t r�. Et
Pro pncto rr i o i boat rt
rr r',
uses for the boat ramp.
Form SMWW -1 (Effective Page 10
Were photographs of the existing boat ramp provided?
YES Documented in Exhibit
NO X If photographs are not provided, no points will be awarded
(4) Storage area for traps, nets, and other gear needed for commercial fishing or aquaculture operations (4
points);
YES X NO
if yes, describe the existiria area and proposed uses for the storage area.
Provde photograps of the storage area.
A portion of the site has been set aside for the storage of algae push nets and other aquaculture cultivation equipment used
by Cooperative members in the cultivation and processing of commercial shellfish.
Were photographs of the storage area provided?
YES X Documented in Exhibit U
NO If photographs are not provided, no points wiH be awarded
(b) The Project Site has a submerged land lease from the Board of Trustees, Environmental Resource Permit, or
Wetland Resource Permit for the existing or proposed docking facility (7 points);
If yes provide a copy of the subrnerged land lease from the Board of Trustees, Environmental ReoourcoPannit
Wetand Resource Perni. for the existing or proposed dockiny facity.
Was the documentation provided in the grant application?
YES X, Docurnented in Exhibit V
NO |fdocumentation is not provided, no points will be awarded
(c) The Project Site has obtained all necessary permits from the local government for existing or proposed uses
on the uplands (7 points);
If yes, discuss the existing or proposed uses of the upland and what local permits are required,
Provide a letter from the local gove[mnentb|Rnningur building department that the Project Site has obtained aU necessary
perrnits for tho e>dsting or proposed uses on the upands
Was the documentation provided in the grant application?
YES X Documented in Exhibit W
NO If documentation is not provided, no points will be awarded
(d) The proposed project will be acquired using a Iess-than-fee Working Waterfront Covenant for all of the land to
be acquired (5 points).
YES NO X
yes, describe the existina or proposed activi hat MI be conducted to further continuation of Working Waterfront
activities in that area
Provide an affidavit from the owner that they are willing to sell the dev:-)1opment rights off the prooerty and continue 0
operate the site to further the continuation of Working Waterfront activities on the site.
Was the affidavit provided?
YES Documented in Exhibit
NO X If the affidavit is not provided, no points will be awarded
Form SMWW-1 (Effective
1
Facie 11
(e)The Project Site will participate in Florida's Clean Marina Program (4 points).
YES X NO
The applicant will work with the r
Dep tm t of En .nt P n c Marina t t`
r� t;n` :r'ie'?r°"ir,.� c:l litri:=4 n `C implement a c.ri �arl'13 '!'S;. "arT' z:4c the
Project Site. w
(4) Financial Contribution
156
Form SMWW-1 (Effective
(a) Providing a share of the eligible Match. The Applicant is committed to: Not Applicable
Provide photographs of the existing facility or the area for the proposed structure.
(1) Provide a Match between 25 percent to 34 percent of the Project Costs, or, for Small Local Governments as
defined in 9K- 9.002(21) and Nonprofit Working Waterfront Organizations, a Match between 10 percent and 19
percent of the Project Costs (5 points); or
YES NO X
(2) Provide a Match of 35 percent or more of the Project Costs, or, for Small Local Governments as defined in
9K- 9.002(21) and Nonprofit Working Waterfront Organizations, a Match of 20 percent or more of the Project
Costs (10 points).
YES NO X
(b) The applicant has committed to major restoration of an existing docking facility for commercial fishing
vessels or to construct a new docking facility for commercial fishing vessels (8 points);
YES X NO
For the major restoration of an existing docking facility, describe the existing docking facility, condition of the existing
docking facility, what repairs the applicant will do to bring the structure into working condition, and proposed uses of the
structure.
For the construction of a new docking facility describe the size of the proposed docking facility and the proposed use of
the structure.
The proposed docking area needs to be boated in a rm n mi rn of 3 feet of water at Mean Low Water and not located over
any sea grass beds.
Provide documentation from a surveyor, engineer or environmental consultant, showing that the dooming ari=a located in
at least 3 feet of water at itfean Low Water and that there no grass beds in the decking area.
Decking for the South Dock was totally destroyed by hurricanes in 2004. Presently, fishermen use the make -shift facilities to tie up
their boats, but shore access is only available via a narrow and precarious arrangement of unattached boards. New supports and
marine decking will return the dock to a complete commercial facility. A fully functional "retro" push -car rail system will also be installed
along the South Dock. This system will permit efficient loading of ice, bait, equipment and other supplies for fishing vessels. The two
way transportation system will also help fishermen move daily catches from vessels to the fishouse and truck loading center in an
efficient manner. These facilities are deemed critical to users. Fishermen are currently using wheelbarrows to manually load product.
Was the documentation of the docking area and photographs of the existing facility or area of the proposed structure
provided?
YES X Documented in Exhibit X and AB
NO If the documentation and photographs are not provided, no points will be awarded
Page 12
(c) The applicant has committed to major restoration of an existing Seafood House or other building(s) used for
Working Waterfront Business or to construct a new Seafood House or other buildings of at least 1,000 square feet
to be used for Working Waterfront Business (6 points);
YES X NO
i r the major restoration of an waist utr cure describe th st r, t:_ c r f existing e ��xi.: ;i: i Sa: i..t "z :Jitit�n of the xi5tiil� 3tru cu'e, what
repairs the ziriplir a 'MI: do to bring the s ructure into :-working condition, and prop e uses of the structure.
For the construp, n Cif a new building, de s�;ril:
and the proposed ..se of the structure.
Provide phctograp is of the existing i ifiy or the area for tt r r000seci st.rrictt
Pro
roc% tiff
$st 3
(5) Community Planning
Form SMWW -1 (Effective
neeos to be located in a emir
proposed size of Inc new _.tructurc (min ;miii i of 1,000 square feet)
The existing Fishhouse was damaged beyond repair by hurricanes Frances and Jeanne in 2004. The structure will be rebuilt using the
current "footprint", however, the new building will be significantly larger and of two -story design.
The bottom level will be modeled after a classic "open floor" fishhouse using a "track- transport system and provide entry points on
three sides (North, East and South). These portals will allow multiple boats to be off loaded in two different zones simultaneously
(North and East). Product will be moved into the fishhouse, sorted and weighed with hanging scales; iced, packed; and transported to
the truck loading center using the vintage retro rail system (photo).
The second story of the fishhouse will incorporate a wide open center -floor viewing area. The "see- through" flooring will allow
real -time observation of the work occurring on the first level and on all functional decks. High -tech electronic media will also be used in
the ceiling to educate and entertain visitors, who gain access to the upper level via a sweeping, ADA- approved ramp connected to a
boardwalk along the shoreline.
Were photographs of the existing facility or area of the proposed structure provided?
YES X Documented in Exhibit Y
NO If the photographs are not provided, no points will be awarded
(d) The applicant has committed to major restoration of an existing boat ramp for commercial fishing vessels or
to construct a new boat ramp for commercial fishing vessels (4 points).
YES NO X
For Inc major rest era :ion of an exi sti. g boat ramp, describe the cony; it <can of the existing moat r- i.
applicant will do to bring the structure into working condition, and proposed uses of the structure.
For the constrl ctior' of a new boat ramp, describe the r dosed size.
pr
s ru .ture.
si,ir gi;rleer of environmental rt. r 1 t9F Shi)Wir
t i' at Mean L ow Water and that here 110 OraSS bed r 1
boat Tramp and the n pc sect use of the
rid not
repairs tree
(a) The project is located in a Future Land Use category, zoning district, or overlay district that has been
identified for the protection and preservation of Working Waterfronts (5 points);
YES X NO
the Inc of the boat ramp is
Was the documentation of the boat ramp area and photographs of the existing facility or area of the proposed structure
provided?
YES Documented in Exhibit
NO X If the documentation and photographs are not provided, no points will be awarded
Page 13
•t
1 _r Li cJ:
a:if #n
'se catr,igw
rft'or. .:s.
turtiler
"Chapter 1: Future Land Use Element" of the City of Sebastian's Comprehensive Plan Goals, Objectives and Policies (Exhibit Z), in
Objective 1 -1.2 states: "Commercial development shall be comprised of a wide range of business uses. The City shall promote the
image and function of the central business district the area generally located as the City's center for commerce as well as civic and
cultural enrichment. In this pursuit the City shall enhance the identity, design, and vitality of the waterfront corridor which provides a
unique waterfront activity center within the central core area of the City."
Exhibit Z also contains a letter, dated November 2, 2008, from the City of Sebastian's Growth Management Director that acknowledges
that "Yes. The zoning, future land use category and comprehensive plan objectives all further the goal of a working waterfront." Policy
1 -1.2.4 (Page 1 -3) defines the city's Riverfront Corridor and Map 1 -1 on Page 9 shows the location of Fisherman's Landing within a
Commercial Marine Waterfront area.
The third document in Exhibit Z is a copy of the Treasure Coast Regional Planning Council's Riverfront District Master Plan for the City
of Sebastian's Riverfront District, which includes the Fisherman's Landing location (identified on Page 2).
Was a copy of the map and description of the category or district provided?
YES X Documented in Exhibit Z
NO If a copy of the map and description are not provided, no points will be awarded
(b) The project furthers local government comprehensive plan objectives and policies that ensure the protection
and preservation of Working for use by commercial fishermen, aquaculturists, or business entities
that support these industries (5 points);
YES X NO
if policies are ves or po
o
c
Les, identify which b ec fili furthered red: ov.de a summary objective, nd c
f .t �:r; o` the policy ;t;" e a v�..s,,.€ i?e how
the local government's comprehensive plan's objectives and policies further the. protection and preservation of Working
Waterfronts for Use by commercial fishermen, aquaculturists, or business entities that support these industries,
Vide a Copy o t?'.^ loc,21 government's comprehensive pan's objectives and policies that ensure the
servation of V orkino Waterfronts for use by commercial fishermen. aquaculturists, e ousin ss €mti
s industries.
Again, Objective 1 -1.2 of the City of Sebastian's Comprehensive Plan Goal, Objectives and Policies (Exhibit Z) states: "Commercial
development shall be comprised of a wide range of business uses. The City shall promote the image and function of the central
business district, the area generally located as the City's center for commerce as well as civic and cultural enrichment. In this pursuit
the City shall enhance the identity, design, and vitality of the waterfront corridor which provides a unique waterfront activity center
within the central core area of the City."
Exhibit Z also contains a letter, dated November 2, 2008, from the City of Sebastian's Growth Management Director that acknowledges
that "Yes. The zoning, future land use category and comprehensive plan objectives all further the goal of a working waterfront." Policy
1 -1.2.4 (Page 1 -3) defines the city's Riverfront Corridor, Map 1 -1 on Page 9 shows the location of Fisherman's Landing within a
Commercial Marine Waterfront area.
The City's Community Redevelopment Master Plan (Exhibit M, Pages 34 and 35), FLUE (Future Land Use Element) Policies 1- 1.2.4,
1- 1.5.1, 1 -3.3.4 and 1-3.3.6, along with Objectives 1 -1.5 and 1 -3.3 define the City's vision and plans for revitalization and preservation
of its Riverfront Corridor.
The third document in Exhibit Z is a copy of the Treasure Coast Regional Planning Council's Riverfront District Master Plan for the City
of Sebastian's Riverfront District, which includes the Fisherman's Landing location (identified on Page 2).
Were copies of the policies or objectives provided?
YES X Documented in Exhibit I
NO If a copy of the policies or objectives are not provided, no points will be awarded
Form SMWW -1 (Effective
coon and
s port
Page 14
c e projec urthers local government comprehensive plan objectives and policies to provide facilities that
promote and educate the public about the economic, cultural and historical heritage of Florida's traditional
Working Waterfronts (3 points).
YES X NO
(6) Public Education
Form SMWW -1 (Effective
of the idea
pt. i about
Km g
Y to
€;:rfL C Y€ Jf, F�if.f t €..w 9 a(.. ot
As stated in 5(b) above: Objective 1 -1.2 of the City of Sebastian's Comprehensive Plan Goal, Objectives and Policies (Exhibit Z)
states: "Commercial development shall be comprised of a wide range of business uses. The City shall promote the image and function
of the central business district, the area generally located as the City's center for commerce as well as civic and cultural enrichment. In
this pursuit the City shall enhance the identity, design, and vitality of the waterfront corridor which provides a unique waterfront activity
center within the central core area of the City."
Exhibit Z also contains a letter, dated November 2, 2008, from the City of Sebastian's Growth Management Director that acknowledges
that "Yes. The zoning, future land use category and comprehensive plan objectives all further the goal of a working waterfront." Policy
1 -1.2.4 (Page 1 -3) defines the city's Riverfront Corridor, Map 1 -1 on Page 9 shows the location of Fisherman's Landing within a
Commercial Marine Waterfront area.
The City's Community Redevelopment Master Plan (Exhibit M, Pages 34 and 35), FLUE (Future Land Use Element) Policies 1- 1.2.4,
1- 1.5.1, 1 -3.3.4 and 1- 3.3:6, along with Objectives 1 -1.5 and 1 -3.3 define the City's vision and plans for revitalization and preservation
of its Riverfront Corridor.
The third document in Exhibit Z is a copy of the Treasure Coast Regional Planning Council's Riverfront District Master Plan for the City
of Sebastian's Riverfront District, which includes the Fisherman's Landing location (identified on Page 2).
Were copies of the policies or objectives provided?
YES X Documented in Exhibit Z
NO If a copy of the policies or objectives are not provided, no points will be awarded
(a) The Project Site provides a permanent structure containing displays of artifacts and other items open to the
public that provide information about the economic, cultural or historic heritage of Florida's traditional Working
Waterfronts (4 points);
YES X NO
!f yes, describe tile' pe'r? saner structure of artifacts ilif tic y its :i'id Dille te
r ims t l be
Y proposed struct
r
provide lb
out 71 t'{ aout the economic, cultural 't's. i o a' t r
t i 3 z,r��;� €fie r S t`ae t
public. DD.DAesv„ t io a proximate location of t T c c Furl
l tll� ad L, C�" l�: �l �'i. e'li w C >rJ to the .Y s. °.I., W€ +:�:,i N ov`rl�:4.
The nucleus of the Fisherman's Landing Sebastian project is a two -story fishhouse, designed as a functioning workplace for fishermen
on the lower level, and an observation education venue for the public on the upper level. A portion of the upper -level flooring will be
constructed of "see-through" building materials which will allow real -time observation of the work occurring on the first level and on all
functional decks. High -tech electronic media will also be used in the ceiling to educate and entertain visitors.
Sebastian's historic fishing heritage and current marine practices will also be prominently displayed in high -tech and traditional exhibits
throughout the waterfront visitor areas.
The upper level will also feature open -air walls which will provide visitors with a panoramic view of the Indian River Lagoon, including
Pelican Island, known as the nation's first designated national wildlife refuge. This bonus attraction will provide visitors with
photographic locations and memorable views of the entire Indian River Lagoon.
A boardwalk will be constructed along the site's north boundary to allow visitors safe access to the dock area where they can get "up
close and personal" with fishermen as they prepare to go fishing and unload upon return. Kiosks and signage along the boardwalk, in
conjunction with photographic displays and historic maritime artifacts, will provide additional educational experiences.
Page 15
(b) The Project Site contains a structure(s) that is listed on the National Register of Historic Places administered
by the National Park Service (3 points);
YES NO X
Form SMWW -1 (Effective
Were both documents provided in the grant application?
YES Documented in Exhibit
NO If documentation from the Division of Historical Resources is not provided, no points will be awarded.
(c) Interpretive kiosk or signs will be provided that educate the public about the economic, cultural, or historic
heritage of Florida's traditional Working Waterfronts (2 points).
YES X NO
if yes, describe the proposed k
F J
traditional d T t o ai i E: f _£S r E s ✓E 41
L or spcin w it! bi. provided.
3
ec. i
of
Interpretive kiosks and displays will be located along the boardwalk as described in Part 6 (a); and in the upper -level visitor's area.
The kiosks will feature both historic and modern -day marketing, educational and promotional materials developed by the Fisherman's
Landing Sebastian, Inc., the fisherman's Cooperative, the Department of Agriculture and Consumer Services' Bureau of Seafood and
Aquaculture and other interested local and State businesses and agencies.
Page 16
(BITS
Each of the following exhibits is required to be submitted with the grant Application. Provide a label and tab for each
exhibit and please ensure that all exhibits are legible and of an appropriate scale. If two or more exhibits are consolidated,
make sure this is reflected on the exhibit label. If a specific exhibit is not applicable, include an exhibit page with a
statement that it is "Not Applicable." Locate the exhibits behind the project evaluation criteria section of the Application.
Exhibits
A United States Geological Survey 7 1/2 minute quadrangle map with the boundary of the Project Site clearly delineated.
B County Tax Appraiser's map clearly delineating the Project Site boundary, names of the property owners, and parcel
tax identification numbers, and ownership boundaries using an appropriate scale.
C Aerial photograph (1 inch 2,000 feet or greater detail) with the Project Site boundary clearly delineated.
D Physical improvements map of an appropriate scale that clearly delineates all existing physical improvements,
alterations, or disturbances occurring on the Project Site, and including all cleared areas, buildings, roads, fences, docks,
power lines, billboards, boat ramps, parking areas and known easements and rights -of -ways, and the approximate
acreage of the foregoing.
E Conceptual site plan that clearly delineates the Project Site boundary and shows the approximate location of all
proposed site improvements.
F One set of labeled photographs of the Project Site which depict all on -site features on the Project Site and including,
waterbodies, shorelines, historical features and existing improvements. Each photograph submitted shall include a legend
that identifies the photograph location and key features that the photograph is intended to depict.
G If applicable, evidence of status as a Nonprofit Working Waterfront Organization as defined in subsection 9K- 9.002(16),
F.A.C.
H A signed statement from the owner(s) of each parcel indicating their willingness to consider an offer to purchase their
parcel(s). If it is a less than fee acquisition, provide an affidavit from the owner that they are willing to sell the development
rights off the property and to continue to operate the site as a Working Waterfront.
I A copy of each Local Comprehensive Plan objective and policy cited in the grant Application that applies to the Project
Site. Please highlight or underline the applicable plan directive being referenced.
J If the Applicant is a Nonprofit Working Waterfront Organization, evidence of status of the organization, including
documentation from the Internal Revenue Service that the organization is recognized as a 501(c)(3) organization, a copy
of the Bylaws, and a copy of the Articles of Incorporation.
K If the Applicant is a Nonprofit Working Waterfront Organization, they shall provide documentation that they have funds
on hand, or letters of commitment to provide the funds prior to closing on the Project Site: (1) Fee simple acquisition, an
amount equal to ten percent of the Project Cost shall be set aside as a management endowment fund for the Project Site,
or (2) Less than fee Working Waterfront Covenant, an amount equal to five percent of the Project Cost shall be set aside
as a management endowment fund for the Project Site.
L If the Applicant is a Nonprofit Working Waterfront Organization, they shall provide a guaranty or pledge by a Local
Government, the Water Management District, or the Board of Trustees to act as a backup manager to take over the
responsibility for management of the Project Site in the event the Nonprofit Working Waterfront Organization is unable to.
Form SMWW -1 (Effective
Page 17
I
Subject:
Roseland Road /Airport
A/• ro J. r Submittal by:
Buffer
Agenda No.
Department Orig
City Attorney:
City Manager
City Clerk:
Date Submitted:
9 OCT 09
1;; ne City Manager
Exhibits:
EXPENDITURE REQUIRED:
N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
N/A
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SEDIG
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
FINDINGS
It has been determined that the report titled "Sebastian Municipal Airport Master Plan March
2002" may be incorrect. The error concerns whether the intent of the 2002 City Council required
a 50 -foot vegetative landscape buffer between the Sebastian Municipal Airport (SMA) and
Roseland Road right -of -way. This error was found on Thursday, October 1, 2009 when the
Offices of the City Manager and Clerk researched the history and documentation presented to
City Council during the adoption of the 2002 SMA Master Plan in February 2002.
The publicly distributed 2002 SMA Master Plan does not depict the requirement to maintain a
vegetative buffer in the text or on the Airport Layout Plan (ALP). In short, Section 7 of the report
provides "Refined Alternatives" and the only mention of a buffer is for Scrub Jay protection along
the eastern boundary of the SMA. This is in conformity with the HCP -ITP. On page 7 -7, a
section is titled Future Land Use. This section reads as follows:
FUTURE LAND USE Sebastian Municipal Airport has committed much of its available land area for
development of either airfield or general aviation facilities. Additional land to the east and west of
these facilities is available for commercial and industrial development. Remaining areas of land not
presently committed to development in most instances are situated in areas either difficult to develop,
such as off the ends of the runways, or surrounded by active airfield pavements. Throughout the
study, the goal has been to satisfy the needs of the airport and facilitate revenue generation, all while
ensuring the safety and compatibility of the areas surrounding the airport. The airport developments
proposed in this study and on the ALP set do not require any of the current City of Sebastian or
Indian River County land use designations to change. Likewise, no property acquisitions for the
airport are required for the planned development.
It contains no language requiring a vegetative buffer.
However, in researching the agenda packets distributed to the City Council in the City Clerk's
laserfiche, a SMA Master Plan titled Final Draft and dated February 1, 2002 provides for a
buffer. Per this document, a buffer regulation was to be placed in the Land Development Code
(LDC). To date, no requirement for a buffer is in the LDC.
It is believed that when City Council approved the SMA Master Plan, the Final Draft document
was reviewed and approved; not the publicly reproduced SMA Master Plan March 2002. In
Section 7 on page 7 -7, Council reviewed a subsection that read as follows (note the highlighted
differences which require a 50 -foot vegetative buffer):
FUTURE LAND USE AND VEGETATIVE BARRIER Sebastian Municipal Airport has committed
much of its available land area for development of either airfield or general aviation facilities.
Additional land to the east and west of these facilities is available for commercial and industrial
development. Remaining areas of land not presently committed to development in most instances
are situated in areas either difficult to develop, such as off the ends of the runways, or surrounded by
active airfield pavements. Throughout the study, the goal has been to satisfy the needs of the airport
and facilitate revenue generation, all while ensuring the safety and compatibility of the areas
surrounding the airport.
The airport developments proposed in this study and on the ALP set do not require any of the current
City of Sebastian or Indian River County land use designations to change. Likewise, no property
acquisitions for the airport are required for the planned development. Rather, enhancements to the
land development code have been made to preserve the current surroundings of the airport. The
most notable is the requirement for a 50 -foot vegetative barrier off of Roseland Road. Currently, a
53 -foot right -of -way exists between the centerline of Roseland Road and the airport property line. In
addition, an additional 50 -foot buffer will be added to the City of Sebastian Land Development Code.
This buffer will require a 50 -foot vegetative barrier along the entire east side of the airport. This
buffer, which is depicted on the ALP, is intended to maintain the "look and feel" of the Roseland Road
corridor as it is today."
The office of the City Manager has reviewed other documents. The documents researched
where the (1) minutes to the February 13, 2002 Regular Meeting; (2) video of the February 13,
2002 Regular Meeting; (3) various ALPs; (4) files on the Airport Technical Review Committee;
and, (5) resident petitions.
CITY COUNCIL MINUTES/VIDEO There is no specific mention to the buffer requirement. The
SMA Master plan was approved unanimously. Likewise, the video did not show public input on
the buffer issue. Most discussion and public input centered on the location of the Sebastian
Skydive drop zone and runway 31/13 closure.
AIRPORT TECHNICAL ADVISORY COMMITTEE An Airport Technical Advisory Committee
met several times. Some records indicate who was invited to participate for expert testimony and
guidance. Some correspondence refers to a September 18, 2001 meeting where the buffer may
have been discussed. It is assumed that the bulk of discussion took place at this level. There
were no formal minutes for the meetings of the Airport Technical Advisory Committee.
AIRPORT LAYOUT PLANS The Airport Layout Plans (ALP) in draft form depict a 50 -foot
buffer. Final documents do not show a buffer.
RESIDENT PETITIONS One file are several petitions from Sebastian and Roseland residents
urging a buffer.
Documents that the City Managers Office considered relevant are attached hereto and include:
Section 7 of the March 2002 SMA Master Plan
Section 7 -7 of the SMA Master Plan dated /titled Final Draft February 1, 2002
Minutes from the Regular City Council Meeting of February 13, 2002
September 2001 Draft ALP
March 2002 Final ALP
Updated 2007 ALP
Council Information letter from former City Manager Terrance Moore reference of
Technical Review Committee Meeting for September 18, 2001.
Cover correspondence from the LPA Group providing final delivery of 2002 SMA Master
Plan
ACTION INITIATED BY THE CITY MANAGER
From the information researched, it is reasonable to infer that a vegetative buffer was planned.
However, it appears that from final draft (February 1, 2002) to the final public copy (March 2002)
of the SMA Master Plan, the intent was not executed.
As such, it is reasonable and proper to begin the buffer regulation process now. That process
has three steps. First, staff will initiate a meeting with the Planning and Zoning Commission. By
code, LDC modifications require a recommendation by the P/Z and ordinance by the City Council.
R
Second, Council will be required to hear the P/Z recommendation and pass an ordinance should
the buffer regulation be added to the LDC.
Third, at the time Council considers the LDC modification, SMA Master Plan and the SMA ALP
should be properly documented.
BOARD OF ADJUSTMENT
With regard to the Robert Denton appeal, heard by the Board of Adjustment on Wednesday,
September 30, 2009, staff is of the opinion that the construction of the About Kayaks sign and the
buffer are separate issues. Action to develop buffer regulations is not part of additional sign
consideration. Should the Board of Adjustment wish to reconsider the action taken to deny the
Denton appeal, a party voting in favor of the motion (to deny appeal) must move to reconsider.
1
arra
SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN
10 5t Mt
HOML OF �FLCJW LSWiD
Master Plan Update
overflights. Currently, all four runway ends at Sebastian Municipal have standard left -hand traffic patterns. It is
the intention of Airport Management and the City of Sebastian to publish right -hand traffic patterns for Runway
22 and Runway 27. This means that all of the traffic and turns associated with Runway 4 -22 will be on the
northeast side of the runway and all of the traffic and turns associated with Runway 9 -27 will all be on the north
side of the runway. The intent is to reduce as much as possible the number of aircraft flights over residential
areas.
It should be noted that proper procedures at an uncontrolled field like Sebastian Municipal require that aircraft
enter the traffic pattern in level flight, abeam the midpoint of the runway, and at pattern altitude. These
procedures are documented in the FAA's Aeronautical Information Manual (AIM) Basic Flight Information and
Air Traffic Control Procedures. While these changes in traffic patterns will not eliminate those aircraft that
deviate from the proper traffic patterns or those that use straight -out departures, it should help reduce the number
of flights over the communities surrounding the airfield. However, it is difficult to control those aircraft that
operate beyond the boundaries of the standard sized traffic pattern.
Scrub Jay Buffer
The Florida scrub jay has been well documented in the vicinity of the airfield by the Florida Game and Fresh
Water Fish Commission. In 1999, a Florida scrub jay management plan was written, which incorporated portions
of the Sebastian Municipal Airport. To facilitate recommendations in this plan, the City of Sebastian, the FAA,
and FDOT agreed to provide a 100 -foot wide flight corridor for the Florida scrub jay. This buffer zone is
depicted on the ALP set. During the layout of the proposed facilities, no impacts were made to this 100 -foot wide
path that primarily follows the property line on the north side of the airport.
Wetlands and Water Quality
At the onset of the master plan, a field investigation was conducted to determine the extent of wetlands on the
airport property. This study did not include any wetland flagging, nor was it coordinated with the Army Corps of
Engineers or St. John's River Water Management District. However, it did provide useful information that was
utilized in the location of future facilities. As for water quality, a complete master drainage study is also being
conducted simultaneous with this master plan. The master drainage study incorporates all of the existing and
proposed facilities depicted on the ALP set in the following chapter.
Future Land Use
Sebastian Municipal Airport has committed much of its available land area for development of either airfield or
general aviation facilities. Additional land to the east and west of these facilities is available for commercial and
industrial development. Remaining areas of land not presently committed to development in most instances are
situated in areas either difficult to develop, such as off the ends of runways, or surrounded by active airfield
pavements. Throughout the study, the goal has been to satisfy the needs of the airport and facilitate revenue
generation, all while ensuring the safety and compatibility of the areas surrounding the airport. The airport
developments proposed in this study and on the ALP set do not require any of the current City of Sebastian or
Indian River County land use designations to change. Likewise, no property acquisitions for the airport are
required for the planned development.
SUMMARY
The preceding sections have reviewed a series of issues and questions that arose from discussions of the
alternatives as well as the review of the previous chapters. With these refinements in mind, the next step of the
7(
mra
SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN
Master Plan IiRd a
i T'r V A& $P FIB 26?-
overflights. Currently, all four runway ends at Sebastian Municipal have standard left -hand traffic patterns. It is
the intention of Airport Management and the City of Sebastian to publish right -hand traffic patterns for Runway
22 and Runway 27. This means that all of the traffic and turns associated with Runway 4 -22 will be on the
northeast side of the runway and all of the traffic and turns associated with Runway 9 -27 will all be on the north
side of the runway. The intent is to reduce as much as possible the number of aircraft flights over residential
areas.
It should be noted that proper procedures at an uncontrolled field like Sebastian Municipal require that aircraft
enter the traffic pattern in level flight, abeam the midpoint of the runway, and at pattern altitude. These
procedures are documented in the FAA's Aeronautical Information Manual (AIM) Basic Flight Information and
Air Traffic Control Procedures. While these changes in traffic patterns will not eliminate those aircraft that
deviate from the proper traffic patterns or those that use straight -out departures, it should help reduce the number
of flights over the communities surrounding the airfield. However, it is difficult to control those aircraft that
operate beyond the boundaries of the standard sized traffic pattern.
Scrub Jay Buffer
The Florida scrub jay has been well documented in the vicinity of the airfield by the Florida Game and Fresh
Water Fish Commission. In 1999, a Florida scrub jay management plan was written, which incorporated portions
of the Sebastian Municipal Airport. To facilitate recommendations in this plan, the City of Sebastian, the FAA,
and FDOT agreed to provide a 100 -foot wide flight corridor for the Florida scrub jay. This buffer zone is
depicted on the ALP set. During the layout of the proposed facilities, no impacts were made to this 100 -foot wide
path that primarily follows the property line on the north side of the airport.
Wetlands and Water Quality
At the onset of the master plan, a field investigation was conducted to determine the extent of wetlands on the
airport property. This study did not include any wetland flagging, nor was it coordinated with the Army Corps of
Engineers or St. John's River Water Management District. However, it did provide useful information that was
utilized in the location of future facilities. As for water quality, a complete master drainage study is also being
conducted simultaneous with this master plan. The master drainage study incorporates all of the existing and
proposed facilities depicted on the ALP set in the following chapter.
Future Land Use and Vegetative Barrier
Sebastian Municipal Airport has committed much of its available land area for development of either airfield or
general aviation facilities. Additional land to the east and west of these facilities is available for commercial and
industrial development. Remaining areas of land not presently committed to development in most instances are
situated in areas either difficult to develop, such as off the ends of runways, or surrounded by active airfield
pavements. Throughout the study, the goal has been to satisfy the needs of the airport and facilitate revenue
generation, all while ensuring the safety and compatibility of the areas surrounding the airport.
The airport developments proposed in this study and on the ALP set do not require any of the current City of
Sebastian or Indian River County land use desi tions to change. Likewise, no property acquisitions for the
airport are required for the planned development ther, enhancements to the land development code have been
made to preserve the current surroundings of the airport. The most notable is the requirement for a 50 -foot
vegetative barrier off of Roseland Road. Currently, a 53 -foot right -of -way exists between the centerline of
Roseland Road and the airport property line. In addition, an additional 50 -foot buffer will be added to the City of
Sebastian Land Development Code. This buffer will require a 50 -foot vegetative barrier along the entire east side
7 -7
A
2002
3
SEBASTIAN MUNICIPAL AIRPORT
Master Plan Update
P MI A Ft. Zan.
SUMMARY
7 -8
�Q
SEBAS'T'IAN
Noes OF PELICAN SLAM)
L of the airport. This buffer, which is depicted on the ALP, is intended to maintain the "look and feel" of the
Roseland Road corridor as it is today'."*
The preceding sections have reviewed a series of issues and questions that arose from discussions of the
alternatives as well as the review of the previous chapters. With these refinements in mind, the next step of the
process is to develop the ALP set to depict the existing and future airport facilities. The drawings that make up
this set are discussed in the following chapter.
2002
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Motion carried 5 -0.
1 02.029 Sebastian Municipal Airport Master Plan (Airport Transmittal 2/5/02, Final Draft Under
Separate Cover)
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Tape II, Side I (9:1 p.m.)
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Regular City Council Meeting
February 13. 2002
Page Ten
ROLL CALL: Mr. Hill -aye
Mr. Coniglio -aye
Mayor Barnes -aye
Mr. Barczyk -aye
Mr. Majcher -aye
F'�8 13 U
The City Manager stated industry standard calls for airports to development a master plan
that is updated every five years.
Doug DeCarlo, LPA Group, Inc., stated master plans are required to receive federal and
state funding so that airport needs are documented. He stated the City's key issues
included pavement, maximizing land use to instigate economic growth, industrial park
development, utility extension and access roads. Mr. DeCarlo explained this report also
includes demand /capacity growth and requirements which included use altematives and a
layout plan to identify the scope of uses for the airport.
Bill Ramsey, 141 Edward Drive, spoke on the need for runways.
Peter Feaman, attorney representing Skydive Sebastian, spoke in opposition of the final
draft which includes a possible future drop zone for Skydive in the northwest comer of the
airport. He requested the master plan adoption be postponed.
The City Manager stated the City is willing to work with FDOT, FAA and Skydive Sebastian
on a drop zone.
Bob Denton, 11245 Roseland Road stated the final review committee did not promise
Skydive Sebastian the south area in between the runways. He also spoke on the hazards
of the southem in -field drop zone.
Mr. DiCarlo stated that the FAA did not approve of the southern in -field and existing drop
zones because people would be walking over runways and aircraft would intersect with
aircraft.
Allen Holden, a Vero Beach pilot, spoke on the hazards of the southern drop zone and traffic
patterns.
MOTION by Hill/Majcher
"I could discuss this, I mean I would move to pass the master plan tonight for
discussion."
Discussion continued on both parties compromising.
10
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Regular City Council Meeting
February 13, 2002
Page Eleven
Motion carried 5 -0.
17. Being no further items, Mayor Bames adjoumed the meeting at 10:03 p.m.
Approved at the Feb 27 th 2002 Regular City Council Meeting.
ti■) OVA g.
Walter Bames, Mayor
Sally A. Mai CMC
City Clerk
ROLL CALL: Mr. Coniglio -aye
Mayor Bames -aye
Mr. Barczyk -aye
Mr. Majcher -aye
Mr. Hill -aye
11
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City Council Information LetW'
$eptember 7, 2001
processes. Feel free to
Pag 2 inspection p you may have
ed on a punch lists and recent insp concerns y
identified all o f to provide further
contact g t his issue, as we will be more than happy
should any y ou wish to address any
regarding t rt
clarification.
.tens of Pro ose
d Sebastian Munici al Air o
'final Gila date
faster Ptan er the anticipated final Sebastian
last week's Information Letter, been schedulembers here
M reposed in Workshop Council scheduled
a1 Airport Master Planning a 6 :00 p.m. in City ter 7 and 8 of the
Munictp September 18 copies of Chap
p l a ce Tuesday p ou r personal cop (i.e. airfield er 7 fndi8 lities,
Ha ll attached are y nd respective
at City lining both refined alternatives as the
proposed plan, out
retiminary draft document o illllds meeting.
l airfield facilities and en s►ronmen a ent
genera o rt. Th p th aforem
layout plans for the airport. a leisure.
outline to facilitate discussion contents at your primary her its Feet free to read and deciP
Em o ee A reCiation Picnic
Rem inder Employee
nni
take afternoon, ri b e g Road 512.
Just a reminder about
place tomorro 12:00
t the City f Sebastian's Second Ann as
p.m. a the Picnic t ion Post 189 grounds service a
es a the American Legion dunk tank, food and beverage p Jude the city s. The event is anticipated to end
Fell as various outh oriented activitie our children
grandchildren and other family
w as 00 pm youth
free to stop by if you are also invitedc
circa 4:00 p•m. F me mbers are
put of th a
Historic ion Board meeeisentation
finder that l will be out of the office beginning late Monday morning
r
Just a rem Hat1101d
Sebastian with Mayor Barnes to mak a p
to travel to Tallahassee for the is o Preservation
to
resent the City o al fo funding to finance the Sebastian City
rep r proposal for fu effort the
are scheduled to speak
relative to ou p September 11th. We
late School interior rnoonTuesday, p hereby 1 will i t back
Elementary learly afte
circa late morning evens grant application cycle is
return to Sebastian late theven►ng,
therefore likely morning. This particular
in City Hall the following
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Ii_ THE LPA GROUP INCORPORATED
Transportation Consultants
1
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ilewski, C.M.
Airport Manager
Sebastian Municipal Airport
1225 Main Street
Sebastian, FL 32958
Re: Final Airport Master Plan Document
Sebastian Municipal Airport
1 Dear Mr. Milewski:
The LPA GROUP INCORPORATED is pleased to present the final approved Master Plan Update for the
Sebastian Municipal Airport. Based on our scope of work, this final transmittal consists of 25 bound
reports. Enclosed please find 22 of the 25 final reports. As promised, two (2) copies have been
forwarded to Mr. Matthew Thys of the Federal Aviation Administration Airports District Office (FAA
ADO) and one (1) copy to Ms. Rebecca Rivett of the Florida Department of Transportation (FDOT).
This transmittal also includes two (2) CD -ROMs containing document, exhibit, JACIP, and AutoCAD
drawing digital files for your use. Previously, we had transmitted the final full size Airport Layout Plan
sets, including one mylar set to be used for future reproductions.
It has been our pleasure working with you, Mr. Terrence Moore, Mr. Terry Hill, Mr. Mark Mason, Mr.
Tracy Hass, and other members of the City of Sebastian staff. As such, we look forward to assisting the
City in any future projects that require additional planning services. Should you have any questions or
concerns, please feel free to contact me at (407) 306 -0200.
1 Sincerely,
THE LPA GROUP INCORPORATED
12000 RESEARCH PARKWAY, SUITE 152 ORLANDO, FL 32826 -3287 407 -306 -0200 FAX 407 -306 -0460
L
f*a. 'Diu'# y t.errg.
Douglas J. DiCarlo
Project Manager
Enclosures
Cc: Dave Rickerson, LPA Orlando Office
Mohsen Mohammadi; LPA Tampa Office
1 C:\Documents and Settings \ddicarlo\My Documents \X26 \Documents\X26- 0048.doc
ATLANTA BATON ROUGE CHARLESTON CHARLOTTE CHICAGO COLUMBIA GREENSBORO GULFPORT JACKSONVILLE
KNOXVILLE MOBILE ORLANDO RALEIGH RICHMOND SARASOTA TALLAHASSEE TAMPA WEST PALM BEACH